Trade Union Bill

Natascha Engel Excerpts

Tuesday 10th November 2015 Commons Chamber

[Chris Stephens (Glasgow South West) (SNP)]

I beg to move amendment 15, page 1, line 14, at end insert—

“(3) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas or responsibility.”

[Madam Deputy Speaker (Natascha Engel)]

With this it will be convenient to discuss the following:

Amendment 16, in clause 3, page 2, line 32, at end insert—

“(4) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”

Amendment 17, in clause 4, page 3, line 7, at end insert—

“(3) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”

Amendment 18, clause 5, page 3, line 31, at end insert—

“(3) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”

Amendment 19, in clause 6, page 4, line 5, at end insert—

“(3) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”

Amendment 20, in clause 7, page 4, line 14, at end insert—

“(3) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”

Amendment 21, in clause 8, page 4, line 29, at end insert—

“(3) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”

Amendment 7, in clause 12, page 9, line 26, at end insert—

“(13) None of the provisions of this section shall apply to services the provision of which is devolved wholly or partially to the Scottish Government, Welsh Government, Northern Ireland Executive, Mayor of London or local authorities in England.”

The amendment would ensure that the provisions with regard to the publication requirements in relation to facility time would not apply to services devolved to the Scottish Government, the Welsh Government, the Northern Ireland Executive, the Mayor of London or local authorities in England.

Amendment 22, page 9, line 26, at end insert—

“(13) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”

Amendment 8, in clause 13, page 11, line 4, at end insert—

“(14) None of the provisions of this section shall apply to services the provision of which is devolved wholly or partially to the Scottish Government, Welsh Government, Northern Ireland Executive, Mayor of London or local authorities in England.”

The amendment would ensure that the provisions with regard to reserve powers in relation to facility time would not apply to services devolved to the Scottish Government, the Welsh Government, the Northern Ireland Executive, the Mayor of London or local authorities in England.

Amendment 14, page 11, line 4, at end insert—

“(14) The provisions in this section and the Schedules it inserts shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”

Amendment 9, in clause 14, page 12, line 8, at end insert—

“(3) None of the provisions of this section shall apply to services the provision of which is devolved wholly or partially to the Scottish Government, Welsh Government, Northern Ireland Executive, Mayor of London or local authorities in England.”

The amendment would ensure that the provisions with regard to the prohibition on deduction of union subscriptions from wages in public sector would not apply to services devolved to the Scottish Government, the Welsh Government, the Northern Ireland Executive, the Mayor of London or local authorities in England.

Amendment 34, page 12, line 8, at end insert—

“(3) The provisions in this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”

Amendment 31, in clause 15, page 12, line 19, at end insert—

“(4) The provisions in this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”

Amendment 32, in clause 16, page 13, line 33, at end insert—

“(5) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”

Amendment 33, in clause 17, page 14, line 32, at end insert—

“(5) The provisions of this section and the Schedules it inserts shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”

New clause 2—Workplace ballots and ballots by electronic means—

“(1) Workplace ballots and balloting by electronic means, shall be permitted in the types of trade union ballots specified in subsection (2) with effect from the commencement date for sections 2 and 3 (Ballot thresholds for industrial action);

(2) The types of trade union ballots to which subsections (1) and (3) apply are those referred to in Chapters IV (elections for certain positions), V (industrial action), VI (political resolutions) and VII (approval of instruments of amalgamation or transfer).

(3) In relation to the ballots referred to in subsection (2)—

(a) the employer shall be under a duty to co-operate generally in connection with the ballot with the union, which shall include not undertaking surveillance of, intercepting or otherwise interfering with any communications between the union and its members, and with any person appointed in accordance with section 226B of the Act (Appointment of Scrutineer); and

(b) every person who is entitled to vote in the ballot shall be permitted to do so without interference or constraint imposed by any employer of the union’s members, or any of its employees or any person its behalf.

(4) Where in any proceedings an employer claims, or will claim, that a union has failed to comply with any requirement referred to in subsection 226 of the Act (Requirement of ballot before action by trade union), the union will have a complete defence to those proceedings if the employer has failed to comply with any part of its duty under subsection (3)(a) or it, or any of its employees or any person on its behalf, has imposed any interference or constraint of a type referred to in subsection (3)(b).

(5) In this section—

(a) “Workplace ballot” means a ballot in which votes may be cast in the workplace by such means as is or are determined by the union. Such means of voting in the workplace determined by the union may, but are not required to, include electronic means; and

(b) “electronic means” means such electronic means as is or determined by the union and, in each case, where section 226B of the Act (Appointment of Scrutineer) imposes an obligation on the union, is confirmed by the person appointed in accordance with that section, before the opening day of the ballot as meeting the required standard.

(6) Where electronic means are determined by the union, and, if applicable, confirmed by the person appointed under section 226B of the Act as meeting the required standard as provided for in subsection (5), the means of voting in the ballot shall also include postal voting, or some means of voting in a workplace ballot other than electronic means, where determined by the union and, in a case in which section 226B of the Act imposes an obligation on the union (Appointment of Scrutineer), confirmed by the person appointed in accordance with that section as being reasonably necessary to ensure that the required standard is satisfied.

(7) For the purpose of subsections (5) and (6), a workplace ballot or means of electronic voting satisfies ‘the required standard’ for the ballot if, so far as reasonably practicable—

(a) those entitled to vote have an opportunity to do so;

(b) votes cast are secret; and

(c) the risk of any unfairness or malpractice is minimised.

(8) Any provision of the Act shall be disapplied to the extent necessary to give effect to this section.”

New clause 5—Voting by electronic means in trade union ballots for industrial action—

“(1) Trade union members shall be permitted to vote by electronic means for the purposes of Part V of the 1992 Act (Industrial Action) with effect from the commencement date for sections 2 and 3.

(2) In this section “electronic means” means such electronic means, including means of secure voting electronically in the workplace, as is, or are determined by the union and, in a case in which section 226B of the 1992 Act (Appointment of Scrutineer) imposes an obligation on the union, confirmed by the person appointed in accordance with that section, before the opening day of the ballot as meeting the required standard.

(3) Where electronic means are determined by the union, and, if applicable, confirmed by the person appointed under section 226B of the Act as meeting the required standard as provided for in subsection (2), the means of voting in the ballot shall also include postal voting where determined by the union and, in a case in which section 226B of the 1992 Act (Appointment of Scrutineer) imposes an obligation on the union, confirmed by the person appointed in accordance with that section as being reasonably necessary to ensure that the required standard is satisfied.

(4) For the purpose of subsections (2) and (3), a means of electronic voting satisfies “the required standard” for the ballot if, so far as reasonably practicable—

(a) those entitled to vote have an opportunity to do so;

(b) votes cast are secret; and

(c) the risk of any unfairness or malpractice is minimised.

(5) In relation to the ballots referred to in subsection (1)—

(a) the employer shall be under a duty to co-operate generally in connection with the ballot with the union, which shall include not undertaking surveillance of, intercepting or otherwise interfering with any communications between the union and its members, and with any person appointed in accordance with section 226B of the 1992 Act (Appointment of Scrutineer); and

(b) every person who is entitled to vote in the ballot shall be permitted to do so without interference or constraint imposed by any employer of the union’s members, or any of its employees or any person on its behalf.

(6) Where in any proceedings an employer claims, or will claim, that a union has failed to comply with any requirement referred to in section 226 of the 1992 Act (Requirement of ballot before action by trade union), the union will have a complete defence to those proceedings if the employer has failed to comply with any part of its duty under subsection (5)(a) or it, or any of its employees or any person on its behalf, has imposed any interference or constraint of a type referred to in subsection (5)(b).

(7) Any provision of the Act shall be disapplied to the extent necessary to give effect to this section.”

The new Clause would permit electronic voting in ballots for industrial action.

New clause 6—Voting by electronic means in trade union ballots—

“(1) The provisions in New Clause5 [Voting by electronic means in trade union ballots for industrial action] apply to ballots and elections for the purposes of Chapters IV (elections for certain positions), VI (political resolutions) and VII (approval of instruments of amalgamation or transfer) of the 1992 Act.

(2) The electronic means adopted for the purposes of subsection (1) must also be capable of allowing union members to vote in ballots and elections for the purposes of Chapters IV (elections for certain positions), VI (political resolutions) and VII (approval of instruments of amalgamating or transfer) of the 1992 Act.”

The new Clause would permit electronic voting in union elections and ballots other than those for industrial action.

New clause 7—Secure workplace ballots for industrial action—

“(1) Trade union members shall be permitted to vote in person at their place of work by means of a secure workplace ballot for the purposes of Part V of the 1992 Act (Industrial Action) with effect from the commencement date for sections 2 and 3.

(2) In this section “secure workplace ballot” means a ballot in which votes may be cast in the workplace by such means as is or are determined by the union. These may, but are not required to, include electronic means and, in a case in which section 226B of the 1992 Act (Appointment of Scrutineer) imposes an obligation on the union to ensure that the required standard is satisfied, confirmed by the person appointed in accordance with that section, before the opening day of the ballot as meeting the required standard.

(3) For the purpose of subsection (2), a workplace ballot satisfies “the required standard” if, so far as reasonably practicable—

(a) those entitled to vote have an opportunity to do so;

(b) those entitled to vote can do so in privacy;

(c) votes cast are secret; and

(d) the risk of any unfairness or malpractice is minimised.

(4) In relation to the ballots referred to in subsection (1)—

(a) the employer shall be under a duty to co-operate generally in connection with the ballot with the union, which shall include not undertaking surveillance of, intercepting or otherwise interfering with any communications between the union and its members, and with any person appointed in accordance with section 226B of the 1992 Act (Appointment of Scrutineer); and

(b) every person who is entitled to vote in the ballot shall be permitted to do so without interference or constraint imposed by any employer of the union’s members, or any of its employees or any person its behalf.

(5) Where in any proceedings an employer claims, or will claim, that a union has failed to comply with any requirement referred to in section 226 of the 1992 Act (Requirement of ballot before action by trade union), the union will have a complete defence to those proceedings if the employer has failed to comply with any part of its duty under subsection (4)(a) or it, or any of its employees or any person on its behalf, has imposed any interference or constraint of a type referred to in subsection (4)(b).

(6) Any provision of the Act shall be disapplied to the extent necessary to give effect to this section.”

The new Clause would permit secure workplace ballots for industrial action. These can involve electronic or non-electronic means.

New clause 8—Secure workplace balloting and voting for trade union elections and other matters—

“(1) The provisions in New Clause 7 [Secure workplace ballots for industrial action] shall apply to ballots and elections for the purposes of Chapters IV (elections for certain positions), VI (political resolutions) and VII (approval of instruments of amalgamation or transfer) of the 1992 Act.

(2) The arrangements adopted for the purposes of subsection (1) shall allow union members to vote in workplace ballots for the purposes of Chapters IV (elections for certain positions), VI (political resolutions) and VII (approval of instruments of amalgamating or transfer) of the 1992 Act.”

The new Clause would permit secure workplace ballots in union elections and ballots other than those for industrial action.

New clause 9—Methods of voting in ballots for industrial action, trade union elections and other matters—

“(1) Voting in a ballot or election carried out to meet the requirements of the 1992 Act as amended can be carried out by postal ballot, electronic means, secure workplace ballot or a combination of these methods.

(2) The combination of methods is to be determined by the union and, in a case in which section 226B of the 1992 Act (Appointment of Scrutineer) imposes an obligation on the union, confirmed by the person appointed in accordance with that section, before the opening day of the ballot.”

New clause 10—Application of provisions to public sector employees across the UK—

The extent and provisions of this Bill shall only apply to the public sector in the UK,

(a) By consent of the Scottish Parliament, Welsh Assembly, Northern Ireland Assembly, Mayor of London and other public bodies and local authorities in England in their areas of responsibility.

(b) Where consent has been granted, this consent can be withdrawn at any time.”

--- Later in debate ---

[Ian Lavery (Wansbeck) (Lab)]

What was your vote? You wouldn’t have been elected.

[Madam Deputy Speaker (Natascha Engel)]

Order. No shouting out. If Members want to intervene, they should stand up and do so.

[Chris Stephens]

I will give the hon. Member for Hertsmere the benefit of my trade union experience. In localised disputes about local issues, turnouts go through the roof, in my experience. Lower turnouts usually happen in national, UK-wide disputes. Those issues can lead to low turnouts, but the key test is how well the trade union is organised. Turnout will be a lot higher in some areas than in others in such disputes.