Trade Union Bill

Lord Mann Excerpts

Monday 14th September 2015 Commons Chamber

[Robert Jenrick]

Let me continue. Far from diminishing the voice of trade unions, as I said in response to the hon. Member for North Down (Lady Hermon), achieving the thresholds would increase the legitimacy of trade unions with management and shareholders and in the eyes of the general public. As we politicians know only too well, a strong mandate increases our legitimacy and the power and authority of our actions, and we have heard a lot over the past few days from the trade unions and their leaders about the value of a strong mandate.

As a result of this Bill, there may well be fewer strikes on less substantive matters that are not viewed by the unions’ own members as sufficiently serious to justify putting their employer and thus their job in jeopardy or that seriously inconvenience customers and the general public. Those that do go ahead will have a greater mandate and higher legitimacy, and consequently will need to be taken much more seriously by everybody involved in the negotiation.

[John Mann (Bassetlaw) (Lab)]

I thank my parliamentary neighbour for giving way. He will recall the mass demonstration in his constituency following the unofficial power workers strike, when 5,000 people marched. I spoke at the rally and it concluded a dispute that involved a lot of the hon. Gentleman’s constituents. Is he aware that those constituents of his who participated would be criminalised by this Bill?

[Robert Jenrick]

The key issue is that trade union leaders should speak for their members and achieve a clear mandate from them.

--- Later in debate ---

[Alan Johnson]

No, I am not giving way to the hon. Gentleman. We have heard enough from him—[Hon. Members: “Hear, hear.”] I seem to have made a popular decision.

Of course, the Government would make no such proposal, because it does not support democracy—indeed, it offends democracy. But we know nothing of the responses from all the institutions that may want us to take their views into account because the Bill was drawn up and put before the House even though the consultation closed only last Wednesday, five days ago. Incidentally, that breaches the Government’s own advice on how to consult on legislation.

As my hon. Friend the Member for Ogmore (Huw Irranca-Davies) mentioned, the Bill did go before the Regulatory Policy Committee, which was scathing about three aspects of the legislation it was asked to examine, including the thresholds for 40% and 50%. It gave a red card to all three, deeming them not fit for purpose and stating that the Government had not provided sufficient evidence of the likely impact of the proposals to support the consultation. The Regulatory Policy Committee is the Government’s own watchdog, and that is as damning an indictment of a piece of legislation as we are ever likely to see from it.

Another aspect of the Bill is the attempt to make processes involved in picketing part of criminal rather than civil law. It is designed to address allegations of picket line intimidation, but the Carr review, set up by the Conservatives under the coalition Government to investigate such allegations, specifically said that it could find no evidence of intimidation. In response to the review, which was led by a Conservative, the Local Government Association said that its view was that

“there are no particular issues for local government in terms of alleged extreme tactics and the appropriateness of the legal framework to deal with inappropriate and intimidatory actions …we…very rarely…hear of such alleged tactics”.

Through the Association of Chief Police Officers, the police said:

“In general the legislative framework is seen by the police as broadly fit for purpose and the range of criminal offences available to the police sufficient to deal with the situations encountered.”

This is a non-issue. It was examined by a committee that had to downgrade itself because there was no evidence.

The Government know little about the workplaces of Britain and understand less. They certainly have no comprehension of the role that free, independent trade unions play as an essential component of a mature democracy or the history of the struggle for workers’ rights in this country. Many Conservative Members probably think the Donovan commission was the backing group on “Mellow Yellow”.

[John Mann]

My right hon. Friend has substantive experience of these matters over many years. Does he think that when a grievance in the workplace is artificially blocked from expressing itself it tends to go away, or does it fester in much worse ways for a much longer period of time, to the disadvantage of the employer as well as employees?

[Alan Johnson]

My hon. Friend raises the central point. I do not know about other trade union officials here, but I spent most of my time trying to stop strikes, trying to resolve them after they had happened and trying to find a formula to get people back to work. Try standing in front of 2,000 striking Liverpool postmen and telling them “I’ve got a deal.”

There is a complete fallacy which is shared by even the hon. Member for Elmet and Rothwell and his colleagues who are trade union members. They seem to miss the point that if unions cannot ballot legally, they lose the opportunity for leadership to hold the pressure cooker together and to conduct disputes in a civilised way with the employer. To lose or discourage that is asking for the kind of wildcat action mentioned by the hon. Member for Uxbridge and South Ruislip.

Madam Deputy Speaker, I can see you are looking at me. I will conclude my comments. Where the Government have consulted, the response is not known. Where they have put the Bill’s measures to its own Regulatory Policy Committee, they have been deemed not fit for purpose. The review commissioned to look at aspects of this proposed legislation was downgraded by its own Government-appointed chair. The major aspects of the Bill will breach the legally binding undertakings that UK Governments have signed up to through the International Labour Organisation. The greatest threat to workers and employees is not from balloted industrial action, which last year led to 155 stoppages in an economy of over 30 million workers, but from disruptive unofficial action that neither side of industry can control and that the Bill will make more likely. I am reminded of a Russian trade unionist—we all met them in our days as trade union officials before 1990—who said to me, “Of course industrial action is legal in Russia, as long as it has been approved by the state.” All I can say is that the Russians would have been proud of this Bill. It is a bad Bill. It needs to be killed—now.