Trade Union Bill (Tenth sitting)

Julie Elliott Excerpts

Tuesday 27th October 2015 Public Bill Committees

[Chris Stephens]

That is an excellent point. Trade unions will be denied money on that basis, as in the very example given by the hon. Gentleman. Another concern is that what we are seeing here is a situation where a voluntary agreement between a public sector body and a trade union is effectively to be banned by the state.

[Julie Elliott (Sunderland Central) (Lab)]

Does the hon. Gentleman agree that one of the consequences—unintended, I am sure—of removing check-off will be that if there is, for instance, an industrial action ballot of a public sector workforce of many tens of thousands, with people working all over the place, it will be even more difficult for people to agree on what the bargaining unit is in that case. If people pay by direct debit—as many trade union members already do—then when they change their place of work, if they are still working for the same employer, their place of work will not necessarily notify their trade union.

[Chris Stephens]

That is right, and it is an excellent point. There is also the other example of someone who works for a large employer who may have two different jobs for that employer—perhaps part time in two departments. Again, the hon. Lady makes an excellent point.

If the state is banning voluntary collective agreements, I must ask the Minister at what the point the Conservative party went from being laissez-faire to Stalinist. This goes against what I consider to be the principles the Conservative Party was founded on. The arguments advanced are also irrelevant because, if income tax can be deducted at source, then why not trade union subscriptions?

The measure will also leave the public sector at risk of legal challenge. The International Labour Organisation is looking at other countries that have tried the same thing, such as Congo. In 2010 the ILO committee of experts reported

“since the check-off system was abandoned in 1991, there has been no procedure for deducting trade union dues from workers’ pay. According to the Government, in practice, all unionized workers are expected to pay their dues to the trade union office. The Committee once again notes with regret that the Government has still not specified whether the abandonment of the check-off system in 1991 had the effect of barring trade unions from negotiating procedures allowing trade union dues to be deducted from members’ pay. The Committee once again reminds the Government that the deduction of trade union dues by employers and their transfer to the unions is not a matter that should be excluded from the scope of collective bargaining”.

The ILO committee of experts is now making observations on Croatia as well. It noted that

“in general, a legal provision which allows one party to modify unilaterally the content of signed collective agreements is contrary to the principles of collective bargaining”.

Its continues:

“The Committee requests the Government to provide a copy of the aforementioned Act and underlines the importance of ensuring that any future Act on the Realization of the State Budget does not enable the Government to modify the substance of collective agreements in force in the public service for financial reasons.”

Those are very serious matters. The Government are leaving themselves open to risk on that basis.

Once again, the principles of consent are relevant. Some public bodies, as the shadow Minister has said, receive income from trade unions to administer check-off, and the general secretary of Unison, Dave Prentis, made it clear in his evidence that Unison pays for the facility when it is asked to. The public sector does not support the principle of banning check-off. The consent of the devolved Administrations, local authorities and other public bodies should be required, but we believe that the real intention is to make derecognition easier in the workplace. The new clause strikes at the heart of trade union organisation and is insidious.

I do not think that the Minister has yet demonstrated that he understands the principles of consent or devolution. He has made the extraordinary claim that the Government are complying with the Smith agreement, but I think that the only people who think so are the Government; no independent analysis shows that. I think that it is the right of all public bodies to institute their own arrangements for industrial relations, check-off and facility time. We appeal to the Minister once again to try to understand the principles behind those things, and I hope he will accept the amendment.

--- Later in debate ---

[Nick Boles]

I have clearly stirred a hornets’ nest. I am spoiled for choice. I will start with the hon. Member for Sunderland Central, because we have not heard from her today.

[Julie Elliott]

I have made a couple of interventions. Can the Minister advise from what return the figure of 22% was derived? My understanding is that it is not based on 100%, so it is not an entirely complete figure.