Employment Rights Bill

Lord Barber of Ainsdale Excerpts

Committee stage
Tuesday 10th June 2025 Lords Chamber

[Baroness Cash (Con)]

My Lords, I support the amendments in the name of the noble Lord, Lord Burns, those from my noble friend Lady Coffey—which I have signed, as she referred to—and those in the name of my noble friend Lord Jackson, as well as Amendments 222, 223 and 218A. I hope I have covered all of them. I also support this group in more general terms. I draw the Committee’s attention to my interests as declared in the register, in particular that I am a significant shareholder in a listed business, so I am an employer, and that I am a member of the Equality and Human Rights Commission.

I want to address what is a fundamental attack on one of the rights under the Human Rights Act by which we incorporated the European Convention on Human Rights into this jurisdiction. There is a fundamental democratic right not to be forced to support a political party, either unwittingly or by coercion—though I am not by any stretch of the imagination suggesting that this is by coercion. My noble friends have referenced financial services and the noble Lord, Lord Burns, referenced issues with data protection. We know that there are major problems with fundamental infringements of people’s rights when we have opt-out scenarios. People unwittingly continue to subscribe to pay when they should not do so.

Unlike my noble friend Lady Coffey, who politely said that she was surprised by this government proposal, I am shocked, because some noble Lords on the Government Benches have as much knowledge of human rights and the European Convention on Human Rights as I do. They will know that, under Article 11, there is a right to free association. We are guaranteed both the right to associate freely and the right not to be compelled into supporting associations or political causes.

This has been the subject of a number of decisions in the European Court of Human Rights. I know the Prime Minister has talked tentatively about whether we will remain part of the court, but for the time being we are and therefore have to abide by its laws and decisions. It made it very clear in a decision called Young, James and Webster v United Kingdom in 1981 that compelled political donations are incompatible with Article 11, unless free and informed consent is given by the individual.

There may be those on the Government Benches who think that that is fine because it is covered by the period of notice and the person can then opt out, but it does not cover that. There is no mechanism at all in the Government’s proposals to facilitate any refund. I am grateful to the noble Lord, Lord Prentis; I see that he is surprised by that comment, but there is no refund mechanism. The way that the measures are currently drafted means that there is a minimum notice period for an individual to be notified of their rights to opt out of up to eight weeks. After that, one payroll cycle is allowed before the opt-out takes place. That means there is the possibility of three months’ worth of subscription or levy being taken from an individual employee to contribute to the Labour Party. Let us not beat about the bush: this is a compelled donation to a political party.

[Lord Barber of Ainsdale (Lab)]

Will the noble Baroness permit an intervention? As my noble friend Lord Prentis mentioned, there are 48 unions affiliated to the TUC; 13 of them also affiliate, subscribe and contribute to the funding of the Labour Party, and 35 do not. Most of those 35 have a political fund which they use to support their campaigning, but not to make contributions to the Labour Party.

[Baroness Cash (Con)]

I am very grateful to the noble Lord for that assistance. I therefore look forward to the amendment put forward by the Government to exempt those 13, given the law that I am explaining and the attack on the freedom of association that should be maintained in this country.