Trade Union Bill (Eighth sitting)

Lisa Cameron Excerpts

Thursday 22nd October 2015 Public Bill Committees

[Ian Mearns]

I concur entirely with my hon. Friend.

Every single trade union member is fully entitled to participate in the democratic processes of the union of which they are a member. The policies that the union may campaign on are democratically decided by those members through the trade union’s internal democratic structure. The Government, and their friends in places such as the Daily Mail, try to portray union political funds as personal gifts from people such as Len McCluskey, Dave Prentis or Sir Paul Kenny, designed to buy influence in the Labour party. I know all those individuals, and none of them has ever told me what to do. I maintain my independence from them. I listen to them closely and carefully, but I have never received an instruction from any one of them.

By contrast, the Conservative party, which last year alone received nearly £29 million in private donations from the rich and powerful, has no concept of the unfairness of this measure. I will compare and contrast, because the money siphoned into political campaigns and political parties such as the Labour party is very open and transparent in its transmission and its source. It comes from the very small individual weekly or monthly donations of hundreds of thousands, if not millions, of trade union members. That money is easily trackable and auditable.

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)]

Does the hon. Gentleman agree that this measure would cause a great imbalance between the influence of corporate donors and sponsors who wish to influence politicians or political parties and the influence of the ordinary person on political life and political campaigns? Ordinary working people, such as nurses, midwives and teachers, are often the backbone of society.

[Ian Mearns]

I could not agree more. This measure seeks to undermine the political armoury available to the ordinary citizenry of this country. By comparison, the Conservatives, the party of government, get their money from direct donations by large corporations and middle-ranking organisations. They siphon money into the Conservative party, but we do not know where the small donations come from—by small donations, I mean donations up to £7,500. People donating to the Conservative party via the United and Cecil club do not have to declare who they are if their donation is less than £7,500. That is not open or transparent. Another middle-ranking organisation that siphons money into the Conservative party in a similar way is the Midlands Industrial Council. Again, we do not know the origin of its donations under £7,500.

The millions of trade unionists who will potentially have their political voice stifled by this clause continue to donate to the Conservative party inadvertently. Every time they buy a Melton Mowbray pork pie or a Ginsters pasty or meat slice, they are making very small but regular donations to the Tory party. If they buy their clothes at Next, their car through Auto Trader, their bread from Warburtons or even indulge in an occasional Soreen malted loaf, they will be making a small donation to the Tory party. The clause aims to stifle direct donations to political parties and/or campaigns on one side, but no action is being taken on the other side, because that would not be in the interest of the party of government.

Trade union funds are the weekly pennies, tuppences, 10 pences and 20 pences contributed by millions of working people, and those funds are audited and regulated by the Government’s certification of trade unions. Every last penny has to be accounted for. The policies for which those funds campaign are not the whims of trade union barons; the funds are used to campaign and promote policies agreed by workers through their democratic organisations. I am trying to put on record the gross unfairness of the measures within this clause.

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[John Howell]

Not at the moment. If we look at Barclays bank, for example, we see that the level of tolerance of this is phenomenal. It is frightening to see that; in fact, it makes one wish to change one’s account straightaway.

In answer to the question asked some time ago by the hon. Member for Cardiff South and Penarth about other organisations that use these methods, I fully accept, as I said at the beginning, that electronic balloting—electronic voting—is gaining wider and wider significance and acceptability. However, the organisations using these methods are approaching that in a systematic way. All I wanted to say at this point was that tremendous caution needs to be exercised. I shall finish again with the opinion of Mr Killock that

“internet voting is a bad idea.”

[Dr Cameron]

It is a privilege to serve under your chairmanship, Sir Edward, and to speak on clause 8. At the outset, I declare again my interests as a member of Unite the union and a former representative of Unite.

We are having a very interesting debate, but we must put it in the context of modern times. This is the way events are moving. It is what the public expect and want, and trade union members are very used to voting electronically or using electronic means in many realms of their lives. We therefore have to ensure that as a society and in this legislative process, we are modernising and it is in kilter with society.

I seek to question whether people’s opinion is based on evidence. Perhaps they are right to some degree to suggest caution, but is it based on evidence from such ballots having taken place in other realms, such as the candidate selection for Mayor of London, which has already been mentioned. However, there does not appear to be any evidence from these actual cases that anything untoward has happened. All of this, apart from being grounded in modern society and the way we live our lives, has to be grounded on an evidence-based approach rather than an opinion-based approach.

Our amendment advocates electronic and workplace balloting. Currently, all ballots and elections in trade unions must be conducted on a fully postal basis. Unlike major companies and other membership organisations, including political parties, trade union members have not been allowed to vote online. We cannot continue to leave trade union members behind; the system must be modernised. I was pleased to hear earlier that the Minister accepts electronic contact and communication in other areas relevant to the Bill.

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[Ian Mearns]

One of the pleasures and privileges I have in the House is being Chair of the Backbench Business Committee. In the previous Parliament, from time to time we were presented with e-petitions from the official Government website. Of course, the Government accepted that those petitions had been signed in accordance with the rules and strictures, and that 100,000 online signatures were enough to secure a debate on a particular subject in either Westminster Hall or the main Chamber. Her Majesty’s Government accept the security of online petitioning; why not online balloting?

[Dr Cameron]

The hon. Gentleman makes an extremely good point, to which the Minister must respond.

A 2014 Electoral Commission survey involving adults aged over 18 found that 42% of respondents felt that online voting would increase confidence in the way that elections are run in the UK by either “a lot” or “a little”, so there seems to be a level of public confidence. Those views were particularly prevalent among younger age groups. It is extremely important that younger people are able to engage in political parties, whether through joining those parties or though joining trade unions with political funds. I would like to see young people being encouraged to vote and make their voices heard. That way, methods such as postal voting, which might appeal more to other age groups, just as online voting appeals to the young, do not skew results towards certain sectors of society. Again, I emphasise the importance of personal choice for individuals in voting, as in every other aspect of our lives.

[Ian Mearns]

The hon. Lady has highlighted the fact that voting by post is becoming quite cumbersome and difficult. In Gateshead, there are fewer post boxes than there used to be and fewer daily collections. The Government really need to think about online voting, which would give trade unionists the right to take part in the important internal democracy of the trade union movement.

[Dr Cameron]

Hear, hear. I agree with that well-made point. We are in a modern age and have to keep up with the times. That includes looking at all the options. All the evidence—not opinion—appears to show that the safety of online voting has not been undermined. It should be considered seriously.

Workplace ballots should be permitted for statutory union elections and ballots. The 1992 Act already permits workplace ballots to be used for statutory recognition ballots, under schedule Al. Workplace ballots of that nature are secure and overseen by qualified independent persons. The procedure exists to give people choice. Fundamentally, that is what we need to do in this age. The public and society expect to have a choice of postal, workplace or electronic voting. They expect us to consider that seriously and rationally when we discuss these important issues.

According to the TUC, there is no evidence that workers feel intimidated into voting a particular way, particularly when ballots take place in the workplace. There has been a total of seven complaints about unfair practices by employers or unions during statutory recognition ballots since 2004, when new protections were introduced. Five of those complaints were made by unions and one by an employer, but none of the complaints was upheld. The Government indicate that electronic voting is not safe or that there should be caution. However, thousands of private sector, voluntary and political organisations use electronic voting every year. Electoral Reform Services alone manages more than 2,000 secure online ballots annually.

[Chris Stephens]

Surely that is the point. These e-ballots are independently scrutinised. The trade union is not running the ballot; it is appointing an independent scrutineer to carry out the ballot on its behalf. I hope that will persuade others on this issue.

[Dr Cameron]

That is another well-made point. The report by Electoral Reform Services indicates that online voting is no less secure than postal balloting and that there are risks associated with both. Essentially, there will be a level of risk in any balloting process.

In conclusion, we are in a modern age and we want to engage people from all aspects of society. We must give people choice that is in line with their everyday lives. Yes, there has to be an element of caution, but that has to be evidence-based, not based on opinion. We have good evidence that electronic voting is already working in many spheres of our lives. I look forward to the Minister’s response.

[Julie Elliott]

I will try to be brief. Amendment 39 addresses electronic communications in regard to political funds. Electronic communication is essential in order to hit the Bill’s deadlines. As I have said before, there are almost 6 million trade union members in this country, and to communicate effectively with that number of people, and to get them to participate in a ballot, purely through the post is unrealistic.

The Bill says “either personally” and several other things. I am not sure whether the Government understand the way in which trade union branches are organised. Small workplace branches at the end of the street or in a place of work are few and far between. I have been a member of various branches in my several decades as a member of three different trade unions. At certain times I have been a member of a workplace branch, a branch particular to Sunderland, as I am at the moment, and, for many years of my career, a national branch based in London. Are the Government suggesting that travelling to the other end of the country is a reasonable thing to expect someone to do?

In evidence last week the Government showed a misunderstanding of who trade unions represent. Quite a number of trade union members are retired, because people do not stop being a trade union member when they retire. By virtue of being a retired member of society, such people are on a very limited income. In fact, many members that trade unions represent are on very small incomes. Do we really expect those people to be left seriously out of pocket when fulfilling their legitimate right to take part in a ballot to decide whether they want a political fund?

Moving on, electronic communication is absolutely common working practice in 2015. In every other arena, this Government want people to communicate electronically. I sat in a Committee Room for many weeks during the proceedings of the Welfare Reform Bill of 2012, in which the then Government introduced online applications for universal credit and discussed them for many other benefits. The Government therefore think electronically is a reasonable way to communicate sensitive personal information, the secure transmission of which leads to people getting the money that they need to live on, but they do not deem electronic communication acceptable for the communication of whether someone wants to contribute to a political fund. A debate was held just yesterday about registering to vote, which involves incredibly sensitive information such as national insurance numbers and dates of birth, but the Government view the electronic transmission of such information as acceptable.

We have also talked about the acceptance of online banking in this country. The hon. Member for Henley did not take my intervention, but regarding the 48% increase in banking fraud, I wonder what figure that is a percentage of. I think the hon. Gentleman was a tax adviser in his former life, and most tax returns—what more sensitive information is there than a tax return?—are done online. It is unbelievable to say that electronic communication is not widely accepted, is insecure and does not transmit information that is far more sensitive than a trade union member’s indication of whether they want their union to have a political fund.

Moving on to e-balloting, ballots and getting them right are absolutely key. As has been said previously in Committee, the balloting process is crucial. Everyone wants the result as quickly as possible, and an accurate result is essential for all sides to feel that procedures have been adhered to properly. In the evidence sessions, Opposition Members explored the fact that internal political ballots take place all the time, including for the Conservative mayoral candidacy in London. I also have much experience in secure workplace balloting, which is commonplace for recognition voting under right to recognition legislation. It is up to trade unions, their members and employers to decide in which format they want a ballot to take place, which varies enormously depending on whether the workplace is nine-to-five with people sitting at computers all day or a shift-pattern, industrial workplace. The range of balloting arrangements is enormous, but certification officers are always happy with such arrangements, and there are few challenges.

Secure workplace balloting is less disruptive and is over much more quickly than the methods proposed in the Bill. Let us not forget that trade union members could be taking part in a ballot that could affect their income. Many trade union members are low-paid workers, so the decision to lose a day’s pay is a significant decision that they would not take lightly. From the employer’s side, the quicker that it gets a result and thus a conclusion to what will have been by that point protracted negotiations will be to the benefit of all. I really cannot see why the Government are so opposed to e-balloting or secure workplace balloting.

Surely the aim of any part of the Bill is to get the maximum participation possible. That is what it should encourage, in line with the compliance measures for thresholds earlier in the Bill. On the one hand, the Bill seems to say, “We absolutely want almost everybody to take part in the ballot,” but on the other hand, it says, “We want to do everything to discourage and dissuade people from taking part by putting every possible obstacle in place.” This morning, the Minister acknowledged indirectly that electronic communication in other parts of the Bill is acceptable. I struggle to understand the Government’s opposition to our amendment and new clauses.

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Publication Requirements

[Dr Cameron]

I beg to move amendment 106, in clause 12, page 8, line 12, leave out “how many” and insert “the percentage”.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 46, in clause 12, page 8, line 13, leave out from first “officials” to the end of line 24 and insert “; and

(b) the total amount spent by an employer in a specified period on paying relevant union officials for facility time.”.

Amendment 107, in clause 12, page 8, line 14, leave out “total amount” and insert “percentage”.

Amendment 108, in clause 12, page 8, line 24, at end insert

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

Amendment 74, in clause 12, page 8, line 24, at end insert—

“(f) a reasonable estimate of the cost savings to the employer of the arrangements relating to facility time in the relevant specified period; and

(g) a statement agreed by the employers and the relevant unions of the value of the arrangements relating to facility time.”.

Amendment 109, in clause 12, page 8, line 24, 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 50, in clause 12, page 9, leave out lines 18 to 20 and insert?

‘(12) No regulations under this section shall be made unless a draft of them has been laid before Parliament and approved by a resolution of each House of Parliament.”.

The amendment would change the regulation-making power from the negative to the affirmative procedure, requiring approval by both Houses of Parliament before regulations could come into force.

[Dr Cameron]

Our amendments relate to transparency and proportionality and ensuring that proportions are reported statistically, rather than in raw statistics, which may lead to the misinterpretation of what is reported. That is their basic aim.

Facility time is extremely important, as we have discussed. In regard to concerns about patient safety, facility time facilitates agreement. It means that management and the staff side can agree the times of meetings and ensures that they are not adjourned and repeatedly moved because people do not have time to attend. That reduces the impact on the workforce and disruption to the organisation.

I will be brief. Amendment 106 would require employers to report annually on the percentage, rather than the total number, of employees who are union officials. The amendment would avoid misrepresentation and highlight that union officials represent a very small proportion of the total public sector workforce.

Amendment 108 would require public sector employers to report annually on whether unions have contributed towards the costs of facilities and on the number of union officials employed by any public authority.

Amendment 107 would require public sector employers to report annually on the percentage of spending that is invested in trade union facilities, rather than on the total amount spent on union facilities. The aim of the amendment is to highlight the proportion of total spending invested by public authorities in trade union facilities. It is very low and represents significant value for money for business and workers.

Partnership arrangements between public sector employers and unions create significant benefits for everybody, including the wider public. The importance of such arrangements lies in the fact that they are creating safer working environments for employees, and that means that fewer days are lost to sickness and occupational injuries. They also mean that meetings are scheduled so that disputes can be resolved extremely quickly.

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[The Chair]

Does the hon. Member for East Kilbride, Strathaven and Lesmahagow wish to sum up?

[Dr Cameron]

I think it is quite startling for the Minister to say that he wishes for transparency and for the public to understand the proportionality of the measures, without agreeing that they should know the proportions and the percentages. That appears incongruous to me. It is important to have transparency, which is why the SNP wishes the public to know the full picture. We wish them to see what is contributed by unions and the percentage of time that is spent. As we all know, figures by themselves can look large or misleading, and people can read into them things that are not there. The public need to know the proportions.

The public have also raised in surveys their deep concern about safety issues. We take that seriously, and we feel that facility time must be encouraged. As I said, facility time is not something that unions often do without agreement from employers. Employers know that it is good value for money. They know that it means that disputes are brought to much speedier agreement, and that investing in their staff and in a safer workplace environment leads to learning and happier staff and fewer sick days, and is better for business.

The public are not asking for the measures. The devolved Governments are not asking for the measures. Certainly managers in business are not specifically requesting them. I find it extremely disingenuous of the Government, as I have said, to suggest that they want transparency and proportionality but not to allow the public to know the proportions. Therefore, it is important that we press our amendment.

Question put, That the amendment be made.