Trade Union Bill

Kirsten Oswald Excerpts

Tuesday 10th November 2015 Commons Chamber

[Kevin Brennan]

I am sure that many of those human rights implications will be examined further in the other place, although the unfortunate time constraints prevent us from doing so here. No doubt many of those in the other place will consider the Bill with a great deal of interest.

Under current legislation, trade union workplace representatives have a right to reasonable paid time off to perform duties, which has huge benefits for employees and employers alike. Clause 13 could allow the Government to set a cap on the percentage of the employer’s pay bill that could be invested in facility time. It would also give the Government power to impose an arbitrary limit on the amount of time that union officials could spend not just negotiating improved pay and conditions, but training, promoting learning opportunities for the workforce, accompanying people to grievance and disciplinary proceedings, and carrying out health and safety duties.

Furthermore, as was pointed out in Committee by my hon. Friend the Member for Cardiff South and Penarth, the clause establishes a democratic deficit. First, Ministers will be able to use secondary legislation to restrict or repeal trade union rights, so this place will have no opportunity to amend that legislation. Secondly, the clause will prevent democratically elected devolved Administrations from deciding how to manage their employment relations in their workplaces, and how to engage with their own staff. Thirdly, it will enable the Government to pick and choose politically which local authorities it will force to impose a cap. That is an extremely dangerous precedent.

[Kirsten Oswald (East Renfrewshire) (SNP)]

Does the hon. Gentleman agree that the “reserved powers” elements of the Bill show that the Government intend to use that opportunity?

[Kevin Brennan]

The hon. Lady is absolutely right; I do not think that those provisions would be in the Bill if the Government did not intend to use them. Parliament should not grant the Government those reserved powers on any assumption other than the assumption that they intend to use them. Conservative Members should think very carefully about what they are granting in this Bill.

There are significant questions to be asked about the legal basis of such a change in relation to European Union law on health and safety representatives, on the rights of trade union representatives to facility time during consultations on collective redundancies, on outsourcing, and on rights protected by the European convention on human rights and the International Labour Organisation conventions. Moreover, according to research commissioned in 2007 by the Department of Trade and Industry—now the Department for Business, Innovation and Skills—workplaces with facility arrangements have lower voluntary exit rates, which leads to significant savings in recruitment costs.

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[Kevin Brennan]

As ever, my hon. Friend brings his vast experience of these matters to bear in the debate.

Our amendment 9 would ensure that the ban on check-off arrangements would not apply to services that were wholly or partly devolved. In Committee, the Government introduced a new clause—it is now clause 14 of the Bill—to prevent all public sector employers from deducting union subscriptions via the payroll. The proposed ban is clearly designed to target union finances and to make it harder for individuals, including lower-paid workers, to access union representation in the workplace. Under the clause, the Government will be able to introduce regulations imposing a ban on check-off arrangements across the entire public sector.

The Government claim that that will save the taxpayer £6 million, but many unions already cover the cost of check-off services. There is a real risk that if the ban on check-off services comes into effect, the Government— and therefore the taxpayer—will actually incur costs, potentially including legal costs arising from the need to compensate trade union members for the loss of their contractual right to have their union subscription deducted at source.

The proposed ban on check-off arrangements has been introduced without consultation with employers, without engagement with the unions and without any proper assessment of its impact on employment relations. It was not in the Conservative party’s manifesto or in the Queen’s Speech, and there was no reference to it in any of the Department for Business, Innovation and Skills consultations or the impact assessments that accompanied the Bill. I note the concern that has been expressed by Conservative Members on this matter in amendments that we will consider later today.

[Kirsten Oswald]

Does the hon. Gentleman agree that, when many organisations already make provision for payroll deductions for credit unions, charitable giving, cycle schemes and for many other purposes, it is an absolute farce for the Government to suggest that it places a burden on such organisations to make deductions for trade union subscriptions?

[Kevin Brennan]

I have to disagree with the hon. Lady: it is a tragedy rather than a farce that the Government are doing this. I understand the point that she makes.