Trade Union Bill

Debate between Kevin Brennan and Jeremy Lefroy

Ping Pong: House of Commons
Wednesday 27th April 2016 Commons Chamber

[Kevin Brennan]

I know the Minister, and I take him at his word when he says that that is not his intention and that this is not a delaying tactic. However, to coin a phrase, he is a here today, gone tomorrow Minister—I say that from experience, as a former Minister—and somebody else may well occupy his place in the future. That person may not have the good intentions the Minister has outlined to the House today, and we must legislate for that possibility, rather than assume that somebody with good will is going to occupy his seat in perpetuity.

The Government propose that they would not have to publish a strategy after the review. Let me be clear: their amendment is not necessary. I accept that they have moved a long way in accepting the review, the pilots, the requirement to lay a report before Parliament, the need to consult experts and to get advice and recommendations, and the need to commission a report within six months of passing the Act. Those changes are significant, and they go part of the way towards achieving what we have argued for right from the start, as well as achieving most of what was agreed in the other place with cross-Bench support.

[Jeremy Lefroy (Stafford) (Con)]

As someone who, along with other colleagues, including my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), considers that electronic balloting is probably the right way to go, may I ask whether the hon. Gentleman welcomes the progress the Minister and the Government have made in that direction? I believe that the Minister, and indeed any future Minister, although I hope this Minister remains in his place for a long time, will ensure that the evidence is looked at and that, provided it shows that electronic balloting is the right way to go, which I very much hope it does, we will go forward with it.

[Kevin Brennan]

Obviously I cannot comment on how long the Minister will remain in his post—we will see what happens in the forthcoming reshuffle. However, I did recognise the movement the Government have made, although I made it clear that their amendment to their lordships’ amendment is unnecessary and that the whole matter could have been dealt with in a much more straightforward manner. However, we are where we are, having received these amendments from the Lords, and those are all that we can discuss today.

Ultimately, it is inconceivable that any Minister, having received a report on how e-balloting could be introduced safely, would then deny trade union members the opportunity to participate in a ballot using modern electronic communications. The only possible reason for Ministers at that future point to reject an expert report outlining the appropriate way to introduce modern technology into ballots and to offer the opportunity for easier participation in a democratic vote would be a desire to suppress turnout.

Trade Union Bill

Debate between Kevin Brennan and Jeremy Lefroy

Tuesday 10th November 2015 Commons Chamber

[Kevin Brennan]

I do indeed. My hon. Friend represents an area that has many trade union members, and he is absolutely right. It is shocking that the Government have not published those figures. I hope that the Minister has deep pockets, because he might well have to dip into them when he finds out how much this policy is going to cost.

[Jeremy Lefroy (Stafford) (Con)]

Some councils actually make money from check-off arrangements. One or two examples have been given to me of councils not only repaying the costs of check-off but getting extra funding that supports council services.

[Kevin Brennan]

The hon. Gentleman is right. As I have said, he has put his finger on the matter in his amendment, which we will discuss later. His intervention now has drawn to my attention the point that the state should not be interfering in this kind of voluntary transaction, which is entered into freely by all the parties concerned and which is neither illegal nor immoral. What is wrong with an employer in the private or public sectors voluntarily agreeing to help to collect trade union subscriptions, as part of an attempt to maintain good relations with its employees, in exchange for an administrative payment? In what other field would a Conservative Government legislate to ban a simple, mutually beneficial transaction of this kind? The hon. Gentleman is to be congratulated on spotting that flaw, and the basic illiberalism, at the heart of this measure in the Bill.

--- Later in debate ---

[Kevin Brennan]

My hon. Friend is absolutely right about that. He knows well, and Conservative Members ought to know, that the festering resentment that would arise as a result of this kind of approach to industrial relations would last for many years, and in some communities would never be forgotten.

The TUC is firmly opposed to this proposal, which in its opinion will breach international law. The International Labour Organisation’s freedom of association committee has confirmed that

“the hiring of workers to break a strike in a sector which cannot be regarded as an essential sector in the strict sense of the term...constitutes a serious violation of freedom of association”.

New clause 1 would insert in the Bill a ban on the supply of agency workers during strikes, and we will therefore support it if it is pushed to a vote tonight. I also want to press amendment 6 to a Division—the lead amendment in this group, which is in my name and the names of my hon. Friends.

Let me say a few brief words about amendment 5, which was tabled by the hon. Member for Stafford (Jeremy Lefroy). It would allow check-off if employers and unions agreed that they wanted it, provided that the unions paid for the service. I understand why the hon. Gentleman would table such an amendment, as it seems to reflect some of the basic values that I thought were supposed to be in the DNA of his political party. When one party is willing by agreement to provide a service to another party in exchange for payment, the state should not interfere unless the service forms some kind of criminal or immoral activity.

Check-off is a voluntary agreement by an employer to collect through its pay roll the union subscription of trade union members who are its employees. Despite what the Government seem to think, that is not a criminal or an immoral activity. Why on earth would a Conservative Government think it is right for the state to proscribe a voluntary agreement between an employer and an employee where a payment for that service is involved? I completely understand why the hon. Gentleman has tabled his amendment.

What is wrong with an employer, in whatever sector, voluntarily agreeing, as part of an attempt to maintain good relations with employees, to help collect the trade union subscription in exchange for an administrative payment? How on earth is it the responsibility of Government, particularly a Conservative Government, to introduce a provision of this kind?

[Jeremy Lefroy]

The hon. Gentleman has anticipated the remarks that I would have made had I caught Mr Deputy Speaker’s eye. Does he agree that many employers in both the private and the public sectors have said how convenient, positive and mutually beneficial this arrangement is and how they do not see any downside to it whatsoever?

[Kevin Brennan]

Clearly, the hon. Gentleman is as baffled as I am as to why the Government are going down this road. It really is quite an extraordinary provision in the Bill. Can anyone on the Government Benches answer this: in what other sphere would a Conservative Government legislate to ban a simple, mutually beneficial transaction?