Trade Union Bill

Lindsay Hoyle Excerpts

Tuesday 10th November 2015 Commons Chamber

[Tom Blenkinsop]

The Minister just said that the Tories voted for it at the last election. You did not declare that as a policy prior to the last election. You also did not declare the NHS Act or the changes to the tax credits. If you are so proud of this planned legislation, why did you not declare it before the general election?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. First of all, I am not responsible. I want to clear that up. [Interruption.] No, “you” refers to me. Mr Blenkinsop, you were wrong: it is not me. It may be those on the Government Benches, but you said “you”. Secondly, we need to speak about the amendment. I have allowed some latitude, Mr Lavery, because you have been tempted away, and I know that you want to get back to where you were.

[Ian Lavery]

That is absolutely correct, Mr Deputy Speaker. I think the reason my hon. Friend spoke in the way he did is that Government Front Benchers were having a separate conversation and not listening to a single word he was saying. That is not unusual.

This Bill is simply here to do three things: to restrict the right to organise, to restrict the right to collective bargaining, and to restrict the right to strike action. I did not serve on the Bill Committee, but I listened to many of the arguments in the evidence sessions, which were quite enlightening. I think the Minister himself would say that the Government found it extremely difficult to get anybody who had a clue what the Bill was about to speak for them at the evidence sessions. One of their witnesses, the chief executive of 2020Health, spoke about facility time. Facility time is a huge issue in this Bill, as the hon. Member for Glasgow South West (Chris Stephens) said. He asked my hon. Friend the Member for Cardiff West (Kevin Brennan) whether it is right that Government Ministers can intervene to dictate on facility time in Scotland and Wales. I would ask whether it is right that Government Ministers can intervene in facility time in any workplace anywhere in the UK. The answer, quite simply, is that it is not right: they should keep out of the workplace with regard to the likes of facility time.

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[Ian Lavery]

rose—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Has the hon. Gentleman given way or finished? We need to get this right.

[James Cartlidge]

I am happy to take this point.

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[Chris Stephens]

I thank Members who have contributed to this debate. I have been struck by three things. I say gently to the Minister and the Conservatives—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order.

[Chris Stephens]

I am summing up, Mr Deputy Speaker.

[Mr Deputy Speaker]

I am going to stop you in a second, so you need to say whether you want to withdraw the amendment.

[Chris Stephens]

Okay, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

New Clause 2

Workplace ballots and ballots by electronic means

‘(1) Workplace ballots and balloting by electronic means, shall be permitted in the types of trade union ballots specified in subsection (2) with effect from the commencement date for sections 2 and 3 (Ballot thresholds for industrial action);

(2) The types of trade union ballots to which subsections (1) and (3) apply are those referred to in Chapters IV (elections for certain positions), V (industrial action), VI (political resolutions) and VII (approval of instruments of amalgamation or transfer).

(3) In relation to the ballots referred to in subsection (2)—

(a) the employer shall be under a duty to co-operate generally in connection with the ballot with the union, which shall include not undertaking surveillance of, intercepting or otherwise interfering with any communications between the union and its members, and with any person appointed in accordance with section 226B of the Act (Appointment of Scrutineer); and

(b) every person who is entitled to vote in the ballot shall be permitted to do so without interference or constraint imposed by any employer of the union’s members, or any of its employees or any person its behalf.

(4) Where in any proceedings an employer claims, or will claim, that a union has failed to comply with any requirement referred to in subsection 226 of the Act (Requirement of ballot before action by trade union), the union will have a complete defence to those proceedings if the employer has failed to comply with any part of its duty under subsection (3)(a) or it, or any of its employees or any person on its behalf, has imposed any interference or constraint of a type referred to in subsection (3)(b).

(5) In this section—

(a) “Workplace ballot” means a ballot in which votes may be cast in the workplace by such means as is or are determined by the union. Such means of voting in the workplace determined by the union may, but are not required to, include electronic means; and

(b) “electronic means” means such electronic means as is or determined by the union and, in each case, where section 226B of the Act (Appointment of Scrutineer) imposes an obligation on the union, is confirmed by the person appointed in accordance with that section, before the opening day of the ballot as meeting the required standard.

(6) Where electronic means are determined by the union, and, if applicable, confirmed by the person appointed under section 226B of the Act as meeting the required standard as provided for in subsection (5), the means of voting in the ballot shall also include postal voting, or some means of voting in a workplace ballot other than electronic means, where determined by the union and, in a case in which section 226B of the Act imposes an obligation on the union (Appointment of Scrutineer), confirmed by the person appointed in accordance with that section as being reasonably necessary to ensure that the required standard is satisfied.

(7) For the purpose of subsections (5) and (6), a workplace ballot or means of electronic voting satisfies ‘the required standard’ for the ballot if, so far as reasonably practicable—

(a) those entitled to vote have an opportunity to do so;

(b) votes cast are secret; and

(c) the risk of any unfairness or malpractice is minimised.

(8) Any provision of the Act shall be disapplied to the extent necessary to give effect to this section.”—(Chris Stephens.)

Brought up, and read the First time.

Question put, That the clause be read a Second time.

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[Kevin Brennan]

I beg to move amendment 6, page 4, line 31, leave out clause 9.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

Amendment 38, page 5, line 6, leave out “must” and insert “may”.

This amendment would make the obligations under clause 9 voluntary rather than mandatory.

Amendment 10, page 5, leave out lines 7 to 19 and insert—

‘(3) A picket supervisor is required to show a constable a letter of authorisation only if—

(a) the constable provides documentary evidence that he or she is a constable;

(b) the constable provides his or her name, and the name of the police station to which he or she is attached; and

(c) the constable explains the reasons for the request to see the letter of authorisation.

(4) If a picket supervisor complies with a constable‘s request to produce a letter of authorisation, the police officer shall provide the picket supervisor with a written record of the request, the reasons for it, and an acknowledgment that the request was complied with.

(5) If a picket supervisor fails to comply with a constable‘s request to produce a letter of authorisation, the police officer shall provide the picket supervisor with a written record of the request, the reasons for it, and an acknowledgment that the request was not complied with.

(6) Information about the identity of a picket supervisor and any information relating to the production of a letter of authorisation shall be retained by the police only for the purposes of giving evidence in legal proceedings directly related to the picketing to which it is connected.

(7) For the avoidance of doubt neither a member of the public nor an employer shall be entitled to request a picket supervisor to produce a letter of authorisation.”

Amendment 39, page 5, line 7, leave out “must” and insert “may”.

This amendment would make the obligations under clause 9 voluntary rather than mandatory.

Amendment 40, page 5, line 10, leave out “must” and insert “may”.

This amendment would make the obligations under clause 9 voluntary rather than mandatory.

Amendment 41, page 5, line 15, leave out “must” and insert “may”.

This amendment would make the obligations under clause 9 voluntary rather than mandatory.

Government amendments 2 and 3.

Amendment 42, page 5, line 17, leave out “must” and insert “may”.

This amendment would make the obligations under clause 9 voluntary rather than mandatory.

Amendment 43, page 5, line 20, leave out “must” and insert “may”.

This amendment would make the obligations under clause 9 voluntary rather than mandatory.

Amendment 44, page 5, line 25, leave out “must” and insert “may”.

This amendment would make the obligations under clause 9 voluntary rather than mandatory.

Government amendment 4.

New clause 1—Industrial action and agency workers—

‘(1) Subject to subsection (3), an employment business shall not introduce or supply a work-seeker to a hirer to perform—

(a) the duties normally performed by a worker who is taking part in a strike or other industrial action (“the first worker“), or

(b) the duties normally performed by any other worker employed by the hirer and who is assigned by the hirer to perform the duties normally performed by the first worker,

unless in either case the employment business does not, and has no reasonable grounds for knowing, that the first worker is taking part in a strike or other industrial action.

(2) Subject to subsection (3) an employer (“the hirer“) shall not procure an employment agency to supply a work-seeker to perform—

(a) the duties normally performed by a worker who is taking part in a strike or other industrial action (“the first worker“), or

(b) the duties normally performed by any other worker employed by the hirer and who is assigned by the hirer to perform the duties normally performed by the first worker,

unless in either case the hirer does not, and has no reasonable grounds for knowing, that the first worker is taking part in a strike or other industrial action.

(3) Subsections (2) and (3) shall not apply if, in relation to the first workers, the strike or other industrial action in question is an unofficial strike or other unofficial industrial action for the purposes of section 237 of the 1992 Act.

(4) For the purposes of this section an “employment business” means an employment business as defined by the Employment Agencies Act 1973.

(5) Breach of the provisions of this section shall be actionable against both the employment business and the hirer for breach of statutory duty.

(6) For the avoidance of doubt, the duty in subsections (1) and (2) above are owed to—

(a) any worker who is taking part in the strike or industrial action; and

(b) any trade union of which such a worker is a member.”

New clause 3—Statements on Bills affecting Trade Union political funds—

‘(1) A Minister of the Crown in charge of a Bill in either House of Parliament must, before Second Reading of the Bill, if the Bill contains provisions which are likely to affect the machinery of Trade Union political funds—

(a) make a statement to the effect that the Bill has been introduced with the agreement of the leaders of all the political parties represented in the House of Commons, or

(b) make a statement to the effect that the Bill has been introduced without agreement of the leaders of all the political parties represented in the House of Commons as the case may be.

(2) The statement must be in writing and be published in such manner as the Minister making it considers appropriate.”

New clause 4—Certification Officer—

For subsections (2) to (4) of section 254 of the 1992 Act substitute—

‘(2) The Certification Officer shall be appointed by the Judicial Appointments Commission, and the person appointed shall have expertise in trade union law.

(3) There shall be a Certification Officer for Scotland, equal in status to the Certification Officer in subsections (1) and (2) above.

(4) The Certification Officer for Scotland shall be appointed by the Judicial Appointments Board for Scotland, and the person appointed shall have expertise in trade union law.””

Amendment 27, page 5, line 31, leave out Clause 10.

Amendment 1, page 7, line 6, at end insert—

‘(2A) After section 85 of the 1992 Act insert—

“85A Payment of political funds directly to political parties

(1) The opt-in notice at section 84 of this Act must include a provision to permit the member of a trade union to direct the trade union to transfer the member’s political fund contributions directly to a UK political party rather than the trade union’s political fund.

(2) In this section a “UK political party” is a political party that is on the register of political parties in Great Britain and Northern Ireland maintained by the Electoral Commission.

(3) Where a trade union member indicates that his or her contributions should be transferred directly to a UK political party, the union must make the transfer within 31 days of receipt of the contributions from the member.””

This amendment would empower trade union members to direct their political fund contributions be paid directly to a political party rather than into a union’s political fund.

Amendment 28, page 7, line 11, leave out clause 11.

Amendment 37, page 8, line 17, clause 12, leave out “how many” and insert “the percentage”.

Amendment 25, page 8, line 19, leave out “total amount” and insert “the percentage”.

Amendment 26, page 8, line 29, at end insert

“and whether these are met in part or in full by a contribution from a trade union.”

Amendment 24, page 8, line 29, at end insert—

“(f) the percentage of relevant union officials whose facility time is met by a contribution from a trade union in whole or in part.”

Amendment 23, page 8, line 42, leave out paragraphs (b) and (c).

Amendment 11, page 9, line 32, clause 13, at end insert—

‘(1A) A minister shall not exercise powers under this section except to the extent that the exercise of these powers is compatible with treaty obligations.”

Amendment 12, page 10, line 37, at end insert—

‘(9A) The regulations may require an employer to take any steps under this section except to the extent that these steps are incompatible with treaty obligations.”

Amendment 13, page 10, line 45, at end insert—

“(d) (1B) “treaty obligations” means treaties of (a) the Council of Europe and (b) the International Labour Organisation, which are in force and which have been ratified by the United Kingdom.”

Amendment 5, page 11, line 12, clause 14, leave out subsection (2) and insert—

‘(2) Subject to subsection (2A), an employer is a relevant public sector employer if the employer is a public authority specified, or of a description specified, in regulations made by a Minister of the Crown.

(2A) An employer is not a relevant public sector employer so far as trade union subscription deductions are concerned where there exists an agreement between the employer and a trade union which provides for—

(a) the remittance by the employer to the trade union of those deductions, and

(b) the making of a payment by the trade union to the employer in respect of that remittance.”

Amendment 36, page 11, line 37, at end insert—

‘(8) The regulations may require an employer to take any steps under this section except to the extent that these steps are incompatible with treaty obligations, where ‘treaty obligations’ means treaties of (a) the Council of Europe and (b) the International Labour Organisation, which are in force and which have been ratified by the United Kingdom.“”

Amendment 35, page 12, line 8, at end insert—

‘(4) A minister shall not exercise powers under this section except to the extent that the exercise of these powers is compatible with treaty obligations.”

[Kevin Brennan]

I must say I thought we won the last debate, but somehow or other we lost the vote. As Disraeli said, perhaps a majority is its own repartee, but perhaps things will be different when these matters are discussed in another place.

Amendment 6 would delete clause 9 and leave picketing arrangements as they currently stand. Picketing activities are already heavily regulated in the UK by an extensive range of civil and criminal laws. Unions must comply with the requirements for peaceful pickets contained in section 220 of the Trade Union and Labour Relations (Consolidation) Act 1992 and operate in accordance with the accompanying code of practice. The Conservative Government have failed to demonstrate why the picketing provisions in the Bill are necessary or justified. The Government’s own Regulatory Policy Committee concluded that the BIS impact assessments on picketing restrictions were not fit for purpose.

The Government have made some minor concessions, which I will come on to later, but these new provisions go far beyond what is fair or necessary. In fact they were described by the right hon. Member for Haltemprice and Howden (Mr Davis) as Franco-style and I think that is an appropriate description by a Conservative Member.

The clause will introduce a new restriction on picketing activities by trade unions and their members, and failure to comply with these over-prescriptive requirements will expose trade unions to legal challenges. Employers will be able to apply to court for an injunction preventing, or imposing restrictions on, a picket or even for damages for failing to wear an armband on a picket line.

Over the summer, the Government ran a very short consultation. It was utterly insufficient given the scale of the Bill’s proposed changes. The Government sought to rely on evidence gathered during the Carr review, even though the Government’s own impact assessment confirmed that

“this evidence could not be substantiated”.

Carr decided he was unable to make evidence-based proposals or recommendations for change as originally instructed

“due to the increasingly political environment within which [he] was operating coupled with the lack of a significant enough body of evidence to support any recommendations for change”.