Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Debate between John McDonnell and Julie Elliott

Wednesday 11th September 2013 Commons Chamber

[John McDonnell (Hayes and Harlington) (Lab)]

I think we misinterpreted the hon. Member for Huntingdon (Mr Djanogly), because what he said was extremely supportive. He went to what my hon. Friend the Member for Edinburgh South (Ian Murray) described as the crux of the Bill, asking why it is here. The hon. Gentleman was asking his own Front Benchers, “What the hell are we doing?” As my hon. Friend the Member for Inverclyde (Mr McKenzie) and others have asked, what mischief does this part of the Bill seek to address? I really tried to find out what the Government’s thinking is, so I looked at what they said in the consultation paper, which was published in July. The first reason they put forward for this move was as follows:

“As membership organisations, it is important that trade union decisions reflect the will of all their members.”

If that is the case, does it mean that we are now going to legislate in respect of all membership organisations? Sir Edward, you are a member of the Roman Catholic Church and if we are going to do that, we might well introduce legislation to see whether the Catholic Church is following the laity’s views.

Why does this provision apply to trade unions alone? Next, the Government identify trade unions for this special legislation because:

“Trade union activity has the potential to affect the daily lives of members”.

With the greatest respect, so too does the activity of the Roman Catholic Church, the CBI and the Institute of Directors. So why are we focusing on this particular membership organisation? As has been said, the reason is that this legislation is really about trying to impede the operations of the trade unions in this country. Government Members might argue that this measure has minimum cost and minimum imposition of roles and responsibilities on trade unions. The impact study makes an assessment that there will be only 6p of additional cost, although that is still 6p. However, it also says, straightforwardly, that the risks are that this will displace core trade union work. It will do that; trade unions will have to devote their time and energies to this and it will therefore displace their core trade union work of representing their members. So it is about impeding the real role of trade unions.

[Julie Elliott]

Does my hon. Friend agree that this part of the Bill is unnecessary legislation and that it is just an attack on trade union members going about their daily business and being active trade unionists? It is an attack on ordinary working people standing up for their rights in the workplace.

[John McDonnell]

That is exactly what it is. I am speaking on the clause standing part, as well as to the amendment, Sir Edward, because we have to understand what this clause means. I cannot, for the life of me, interpret it other than in the way my hon. Friend has just done. It is an attack specifically on the role of trade unionists and their rights to fulfil their responsibilities.

We have seen the operation of challenges to membership lists in respect of industrial relations and, in particular, of industrial action being taken and determined by members. The history is that the employers have used the existing legislation and interpreted it so that any minor discrepancy about a membership list is used in a rush to court to seek an injunction to prevent industrial action from taking place. Some examples have been given, but I have been involved in a number of activities associated with trade unions where even though there has been a 99% overwhelming decision in favour of industrial action, one or two members out of thousands have been missed off the ballot and so an injunction has been awarded. Therefore, the industrial action, along with the will of the members, has been prevented from being implemented. We tried to overcome that through legislation in this House—I tried to put such legislation through on three occasions, but it got talked out every time—but we have just overcome it in the courts. We have received a decision in the courts that enables minor infringements not to be taken into account and the decision of the overall will of the members to be acceded to.

However, the Bill opens up a whole new vista of potential legal challenges. As colleagues have said, it relates not only to industrial action, industrial activity, ballots and so on; it could relate to the whole operation of the union. Employers could trawl over membership lists, go off to the certification officer and then we could get to court, where the challenge will be about how the union operates overall. So lawyers will be able to tie up trade unions in legal actions for years to come, preventing them from undertaking what the impact study calls their “core” trade union work of representing members.

I ask Government Members: what is the motivation for this measure? Some of that has leaked out. They have listened to what has happened in recent months—the anger there is among working people about the cuts to their wages, the zero-hour contracts and the undermining of employment rights. People are beginning to react. They do not usually react at the depths of a recession, doing so when they are coming out of one and when the living standards of some are rising. So we are talking about a recovery for the rich but a recession for the rest. That is when people get angry and when industrial action takes place—that is when strikes happen. It is also when trade unions need to be representing their members. So I think this measure is part and parcel of the Government preparing for the potential for industrial activity over this coming period. It is another mechanism by which they will do everything they possibly can to undermine the rights of trade unions and their ability to operate effectively in representing their members. It is so short term, because all it will do is anger people even more and as these impediments build up, although they are relatively minor at first, people will become more angry. Then, we will have wildcat action—action that is uncontrolled—because people are so furious at how they are being treated by their employers in collusion with the Government.

Let me make one final point, because I want to understand. If the argument is that the clause is about ensuring that membership organisations are open, transparent and accurately reflect their members’ views, and if it is about organisations that have an impact on the general life of our society, why does it not refer to the CBI, the Institute of Directors and all the other trade associations? They are membership organisations and they have as much of an effect on the daily lives of our population as trade unions, yet they remain completely unregulated. That portrays to me the in-built bias of this Government against trade unionism and working people. That is why we must vote against clause stand part.

The amendment is moderate, and simply says that if the certification officer identifies a problem we should implement the provision—I have similar amendments on the implementation of the Bill, which we probably will not reach. That is all my hon. Friend the Member for Edinburgh South is saying: if there is a grievance or a problem let us by all means have some action, but not unless a problem is identified. That is a relatively moderate, pragmatic way forward. If the Government do not accept the amendment, that will completely endorse the view that this is bias motivated by prejudice against trade unions and trade unionism.