Trade Union Bill

Lord Monks Excerpts

Monday 8th February 2016 Lords Chamber

[Lord Oates (LD)]

My Lords, I speak in support of my noble friend Lord Wallace of Saltaire. I must say that I followed his argument completely but I am not sure that I followed that of the noble Lord, Lord King of Bridgwater, at all. The noble Lord seemed to make the case that because strikes can be disruptive—we must acknowledge that they can be, particularly in the public sector areas of transport and education, as the Government have argued—and because of the impact on people, that justified the Government’s proposed thresholds. But is the idea that the Government do not impact on people? The Government impact on the lives of millions of people in many areas, not just during the period when a strike may take place. Not long ago, we were discussing the changes to universal credit in the Welfare Reform and Work Bill, which will have a massive impact on some of the most vulnerable people in this country. That is on a mandate of, what, 24%? What we are asking for is a bit of consistency from the Government. Why do they believe that trade unions should be held to a completely different democratic standard than the rest of our democracy operates to?

We should consider carefully this idea of introducing thresholds. It is a major step in the way our democracy operates. In the first place, it second-guesses what the people who do not vote actually mean. It may be that the people who do not vote actually mean they do not want to vote; it does not mean that they wish to vote no. However, under this system, we have the perverse incentive whereby if you wish to oppose strike action you may well be better off not participating in a vote. If you do participate, you may help people over the threshold. As a noble Lord said previously, somebody voting against a strike who tips the vote over the threshold is actually facilitating it taking place. That makes no sense whatever. In a situation where there was a 50% turnout—which would meet the first threshold under the 40% requirement—even if 79% of those voting in that ballot voted in favour, the strike would be illegal. That would have a massive impact on industrial relations.

Thresholds like this are almost without precedent in this country. The only example I came across was the rather ill-fated 1979 Scottish devolution referendum, in which there was a 40% threshold. That was universally regarded as a not entirely successful way to go about things and has never been repeated. It was certainly not something the Government were keen to take on for the European Union referendum. As I have said before, strikes are undoubtedly disruptive, particularly in the public sector, and they should be a last resort. If we vote to leave the European Union, it could massively disrupt all of our lives for ever, but nobody is suggesting a 40% threshold there—for the good reason that inventing thresholds like this simply undermines people’s faith in the system and can create extremely perverse outcomes.

Will the Minister tell the Committee why the Government believe it appropriate to impose such thresholds for a strike, which could cause disruption, but not appropriate in cases such as membership of the European Union? Why should this sort of threshold not be met when the Government are acting as a monopoly supplier of service? For instance, on the benefits system, with what mandate is a party with 24% of the vote savagely attacking the rights of vulnerable working people? There is very little consistency in what the Government are suggesting and I hope they will reconsider it.

[Lord Monks (Lab)]

My Lords, the point I took from the speech made by the noble Lord, Lord Wallace, was less on the arithmetic and how it all added up and more on a warning to the Government not to overreach; not to be too arrogant. In a number of areas there is now a suspicion—I do not think that it is just on this side of the House—that the Government are being too arrogant with their opponents. Whether it is on Short money, voter registration or whatever, there is a sense that they are overreaching. It is not necessarily a matter for the Minister tonight, but I hope that the Government will bear that in mind when they look at their agenda for the Bill as we go into it more. A little bit of humility would come in very handy when they are working out their next moves in a number of areas.

The noble Lord, Lord King, should not always assume that strikes are unpopular. A neighbour of mine, in King’s College Hospital with a heart attack, was astonished when the junior hospital doctors got a round of applause from patients and staff when they walked in after their day off.

We talk a lot about history. In 1974 it was not the trade union members aggregated who made the difference; Edward Heath lost the election on the question, “Who governs the country?” So, funnily enough, strikes can catch a wind at certain times and if the Government really have their ear to the ground they will try to pick them out from the ones that are perhaps less popular. So do not always assume that strikes are turning off the population. Sometimes, they are not.

[Lord King of Bridgwater]

Perhaps the doctors got a round of applause because the patients were so pleased to see that they had come back.