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

Debate between Jonathan Djanogly and Edward Leigh

Wednesday 11th September 2013 Commons Chamber

[The Temporary Chair (Sir Edward Leigh)]

Order. Before I call the next speaker, I should say that the amendments are narrowly drafted. I know that hon. Members, when they take part, will not just have a general debate on part 3. That is quite important.

[Mr Djanogly]

I declare any interests I have in the debate arising from my entry in the Register of Members’ Financial Interests.

Essentially, the question on amendment 103 is whether we tweak the existing system for an automatic annual union membership auditing and inspection regime, or, as Labour wants, we tweak the system in much the same way as the Government propose but so that it comes into play only if a complaint is made under the existing rules. I support the part 3 and clause 36 proposals to aid the verification of union membership. The question is how far the measures should go. On listening to Opposition Members on Second Reading, one might have thought that part 3 constituted a massive attack on union rights, or at least a vehicle for what the hon. Member for Wallasey (Ms Eagle), the shadow Leader of the House, has called “cheap” and “partisan” attacks.

The Bill is nothing of the kind, as is immediately apparent when one looks through the Opposition amendments. Their proposals are mainly low-key and technical, and not political. Admittedly, taken in the round, the Labour amendments could be seen as obstructive amendments that seek either to stymie the role of the certification officer or at least to keep him in his existing box, which is why they should be opposed.

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[Ian Lavery]

The hon. Gentleman mentions union intimidation. Does he want to provide some examples of his experience of union intimidation?

[The Temporary Chair (Sir Edward Leigh)]

Order. I do not think we need to get into these wider areas. I repeat that this is a narrow amendment and that the clause itself is very narrow.

[Mr Djanogly]

Unison and Unite now account for approximately 40% of total union membership. As such, it follows that the larger unions are becoming increasingly powerful politically and economically, and with power comes responsibility and the duty to be accountable. We can make a comparison with companies and the difference between how private and public companies are regulated. It is therefore right that union obligations to administrate themselves correctly, such as membership records, are subject to a suitable level of oversight and scrutiny, and the clause provides for that. I note that the Labour party seems to accept the number of 10,000 as appropriate for the higher level of regulation to apply.

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[Mr Djanogly]

Let me give the hon. Gentleman an example. If we are to have the provision to audit members, we should know what “member” means. This is a fundamental omission, as was shown with the miners compensation scheme.

In that situation, certain unions created a new class of “associate membership”, with no rights other than the right for the claimants to be referred to the union-picked no win, no fee lawyers, from whom the unions then took a kickback commission. The scam was uncovered and the lawyers were heavily penalised by their regulators. However, not—

[The Temporary Chair (Sir Edward Leigh)]

Order. I have given the hon. Gentleman some leeway, but if he looks—as I know he has: he is a very skilful Member—he will see that this is a narrowly drafted clause. Will he please now restrict himself to the amendments and the duty to provide membership audit certificates, and not give a long history of the trade union movement?

[Mr Djanogly]

Thank you for that clarification, Sir Edward.

The point of amendment 103 is to ask the purpose of the clause, and that is right. If the purpose is to deal with auditing members, perhaps we should be talking about what constitutes a member and what is to be audited. Would it include the associated membership that we saw in the miners compensation scheme, for instance? Should the audit include a description of their rights as members? Alternatively, do we want to know accurately the number of members, so that this can be tied to union political contributions? If so, the Bill might not be as effective as some people think. That is because trade unions have not necessarily been affiliating the same number of members as have been contributing to the political fund. They may affiliate phantom members in order to get more union votes on Labour party matters. I am unsure what effect auditing membership numbers would have in that situation, other than to verify how bizarre Labour’s relationship with the unions can be. Again, however, a sense of direction for future reform from the Government would be helpful.

I support this Bill, because I can see nothing to object to in principle—it basically just repeats and fortifies what has been around since the 1980s. I hope that hon. Members do not take what I have said as anti-union, because I am not anti-union. However, I strongly believe that union law is way behind the times and desperately in need of reform. Can anyone really argue that legislation and procedural regulations passed in the mid 1980s are still adequate now? Although I disagree with Labour’s amendment 103, I appreciate its wider implication of showing up the lack of Government purpose and direction behind these provisions. Given the time the coalition Government have had to formulate policy on these key issues, which have a significant impact on the people of this country, we could and should be doing much better. This is a missed opportunity to reform industrial relations law.

Oral Answers to Questions

Debate between Jonathan Djanogly and Edward Leigh

Tuesday 15th May 2012 Commons Chamber

[Mr Djanogly]

It is true to say that the issue was heavily debated during the passage of the Bill. I am pleased to note that all parties in the House reached an agreed way forward. The Government are therefore committed to action on mesothelioma, and various proposals about the claims process are being considered. I am sure the House will understand that it would be inappropriate to draw up the terms of reference now for a review that will not take place for some time, but we will share details of the review process in due course.

[Mr Edward Leigh (Gainsborough) (Con)]

One of the worst mistakes that our last Government made was bringing in no win, no fee. It has Americanised our legal aid system and brought in a risk-averse culture and a load of ambulance chasers, so I welcome what the Government are doing. Will the Minister confirm that he will not let it rest there, that no win, no fee is now under a real review and that we will not tolerate the behaviour that we have seen in recent years?

[Mr Djanogly]

We are retaining no win, no fee for conditional fee agreements, but we are getting rid of the reforms that the Labour Government put in place whereby success fees and after-the-event insurance were recoverable. We will effectively return to the position of the last Conservative Government, which I hope and expect will put balance back into the claims equation.

Oral Answers to Questions

Debate between Jonathan Djanogly and Edward Leigh

Tuesday 13th September 2011 Commons Chamber

[Mr Edward Leigh (Gainsborough) (Con)]

12. What steps he is taking to improve the functioning of the Special Immigration Appeals Commission.

[The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)]

The operation of the Special Immigration Appeals Commission is kept under regular review. There are no present plans to change current arrangements.

[Mr Leigh]

Too often immigration cases are deliberately spun out using never-ending reviews and ever-upwards appeals. What steps will the Minister take to protect the much-needed immigration reforms proposed by the Government from such delaying tactics?

[Mr Djanogly]

Parliament has on previous occasions decided against the ousting of the High Court’s judicial review jurisdiction. The Supreme Court recently indicated that it considered it would not be appropriate for the Government to take that route. However, improvements are being made. The legal aid reforms currently before Parliament seek to remove legal aid from repeat applications for judicial review in immigration and asylum cases.

Sentencing (Green Paper)

Debate between Jonathan Djanogly and Edward Leigh

Tuesday 14th December 2010 Westminster Hall

[Mr Djanogly]

I do. The figure of more than 3,000 new offences comes to mind. We had the situation in which a new offence was being created before the previous one had commenced.

We want to simplify the sentencing framework and make it more comprehensible for the public. We also want to enhance judicial discretion, to allow the judges and magistrates who hear the cases to make the most appropriate decisions on sentencing within the legal framework set by Parliament.

I accept that some people, not least my hon. Friend the Member for Kettering, want to see longer sentences, but we need to be proportionate. We could not accommodate the much longer sentences that he suggests without raising taxes to build more prisons.

Sentences have, however, got longer and longer over the past couple of decades, and for many years offenders have not spent their sentence in custody. We do not propose to make fundamental changes to determinate sentences. At present, offenders serving a determinate sentence spend half of their sentence in custody and half on licence in the community. If an offender breaches the condition of their licence, they may be returned to prison. We recognise—

[Mr Edward Leigh (in the Chair)]

Order.