Trade Union Bill

Lord Lea of Crondall Excerpts

Monday 8th February 2016 Lords Chamber

Recently, an organisation called WebRoots Democracy produced a rather thick report dealing with many of the objections to e-balloting and pointing out ways forward. What is certain is that we will not get those ways forward and we will not end up where we want to be unless this goes into the Bill. So I ask the Minister to go away, rethink, look at what can be done and take note of the very strong feeling in many parts of this House that the time has come for the legislation to be put in place. This is a reform that can be made to work and I urge the Minister to make it possible.

[Lord Lea of Crondall (Lab)]

My Lords, I shall give two reasons as to why the Central Arbitration Committee is uniquely qualified to carry out the inquiry and report as stated in the lead amendment in this group. I declare an interest as an ex-member of the Central Arbitration Committee. It has the following qualities. Most inquiries are judge-led. There is typically a judge, someone with experience of employers’ organisations—that is, an employer—and someone with experience of an organisation of workers, normally a trade union person. So employers would be confident that their experience was built in to the inquiry. I think the Minister could take that as an indication of the confidence that one should have in such an inquiry.

Secondly, the CAC has unique experience of what one might call access to the workplace. Of course, there are different models on show in this debate and no one is trying to say, as I understand it, that only one model can work. However, there are enormous issues around contact in the workplace and it is a fact, as far as I know, that over the 15 years or so of the operation of the CAC, no one has ever queried the standards. The noble Lord, Lord Kerslake, is nodding his head. I think it is a remarkable record that everybody has confidence in the modus operandi of the Central Arbitration Committee.

[Lord Brown of Eaton-under-Heywood (CB)]

My Lords, I, too, support this group of amendments; indeed, the arguments in favour seem compelling. It is a modest enough proposal and its safeguards are implicit in the very nature of the report which is canvassed. Personally, I support the turnout requirement in Clauses 2 and 3, but I cannot resist pointing to the bizarre consequences that could, at least theoretically, result from the new provision.

To take the illustration used in the Explanatory Notes to the Bill of a bargaining unit of 1,000 union members, if 499 vote in favour of industrial action and none against, a strike would be unlawful. If, however, 499 vote in favour and one against, then, because at least 50% of those eligible will have voted, a strike is permitted. So, too, of course, if 499 vote in favour of industrial action and 498 against. Doubtless, such anomalous possibilities as these are inevitable in any scheme, which, as here, has a combination of a turnout requirement but then a decision on the basis of a simple majority. However, it surely underlines—and this is my point—the imperative of ensuring that the best possible way is sought of achieving a maximum turnout of those eligible to vote. These amendments surely allow for that better way.