Trade Union Bill

Lord Kerslake Excerpts

Wednesday 20th January 2016 Lords Chamber

It is quite correct to say that the details of the committee’s report should not be fetishised, but it is a serious, intellectual and morally formed document. It makes an attempt to achieve something which in its broader terms might lead to a cross-party consensus. I absolutely believe that the points made in the dissenting minutes by both Dame Margaret Beckett and Sir Oliver Heald, thus by both the Labour and the Conservative parties, will have to be debated in any restructured document that emerges. We support the need for reform and we very much hope that both the Government and the Opposition will not forget about these matters when the story of this Bill is over.

[Lord Kerslake (CB)]

My Lords, I spoke at length on this Bill at Second Reading so I will keep my remarks today short. Many noble Lords were kind enough to give me feedback about my speech, and I have to say that it is easy to make a good speech when you feel passionately about the issues involved. For me, this is absolutely an issue of the utmost constitutional seriousness that should be of concern to those who are in any political party, or indeed, like myself, are not in a political party at all. What we are debating today is of crucial importance to anyone who believes in an open, plural democracy.

My sense is that, like the noble Lord, Lord Cormack, who argued the point very well, I would prefer us not to act on this part of the legislation until the full conversation has happened. That is a compelling argument which I support. Where I think the proposal adds value is that it can and should look at the impact of what is being proposed here, and that is made clear in the Motion before us today. It is both possible and credible to do that in the time available. That is why I support the amendment.

We have what is often called cognitive dissonance here between two different and competing positions. We may be keen to smoke while also being aware of the health impacts of smoking. We have a proposition that these clauses have no impact, and that they are related to the trade unions and have nothing to do with political parties. Yet we know that the practical effect on one political party would be devastating. We have to reconcile and resolve those issues and have them debated in a committee where they can be balanced against the wider issues. The noble Lord, Lord Bew, spoke very powerfully and I absolutely concur with his wider thesis. But there is a useful job to be done here, which is to have a proper conversation and debate about impact in this wider debate of party funding. I will support the Motion.

[Baroness Burt of Solihull (LD)]

My Lords, I am conscious of the House’s time this afternoon, so I will be brief. The purpose of this Motion is to convene a separate committee to consider Clauses 10 and 11 of the Trade Union Bill, because its practical outcome is all about political party funding. The Government can say that the Bill is not about political funding but it patently is. It has the practical effect of further unbalancing the playing field in favour of the Conservative Party by practically reducing the access to funds for the Labour Party.

If we look at the report on the Committee of Standards in Public Life, the opt-in was the quid pro quo for Labour to be considered alongside the reduction in maximum donation of £10,000, which would, it thought, roughly equate to a similar reduction in Conservative funding. But after the analysis that the noble Lord, Lord Tyler, treated us to, that perhaps is a little optimistic.

To my mind, two points follow. First, the Conservatives seem to misunderstand the role of trade unions in this country. They are as much a part of our functioning democracy as the courts, political parties and the dual-Chamber system, which is also under attack, as are the freedom of information changes which the Government are also currently trying to push through. The Labour Party can be accused of many things, including exceeding powers, as the noble Lord, Lord Cormack, has mentioned, but someone, as well as the Liberal Democrats, must constitute an Opposition in a functioning democracy, and Labour, frankly, is in a weak enough state already.

Secondly, if the Government have already taken away Labour’s bargaining chip in any future negotiations on party funding, what incentive is there for the Conservatives to ever return to the negotiating table? It is a win-lose situation and happy days for them. The winning advantage that they will get will enable them to stay in power for the foreseeable future.

At Second Reading, I said that one of the roles of this House is to ensure fair play and a level playing field. This section of the Bill risks that, so a Select Committee is the right approach. I urge noble Lords from all sides of the House to support it.