Trade Union Bill (Eighth sitting) Debate
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Nick Boles
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Trade Union Bill (Eighth sitting)
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Chris Stephens (Glasgow South West) (SNP)
It is a pleasure to serve under your chairmanship, Sir Edward. I indicated to Sir Alan that I wanted to speak on this group of amendments, to give a general overview of clause 10.
Our view is that the provisions in clause 10 are a democratic and constitutional outrage, for two reasons. Before I was elected, I was secretary of the Scottish National party trade union group, which has a total of 16,000 members from all trade unions. Some of them have decided not to contribute to the political fund of whatever trade union they are in, while others do. It is important that they have that choice. The trade union movement is having a discussion about whether it should be funding one political party or individual candidates who support its aims and objectives. The important point is that it is up to trade unions and their members to have that debate. I am concerned that clause 10 will not only interfere with donations to political parties, but ignore the Churchill convention, with clear constitutional implications.
First, it is important for our society that trade unions make a contribution to the political life of the country, and our society has been better for it. We should be looking at political funding arrangements across the board and in consultation with all parties, not just slipping in these measures as part of the Bill, which is why the SNP has tabled a new clause, which we will come to later.
Secondly, to return to the points made by the hon. Member for Gateshead about political funds being used for general campaigning, as it stands, clause 10 is clearly a way of preventing the trade union movement from engaging in such campaigning. It is important to mention some of the other organisations and campaigns that have received trade union funding. There have been health and safety campaigns, which are very important. HOPE not hate and other anti-fascist and anti-racist organisations have received the majority of their funding from trade unions. As the general secretary of the PCS trade union indicated, funding has gone to campaigns on public service provision and keeping public services in public hands.
Our position is simple: we oppose clause 10 and will join anyone to ensure that it is defeated.
The Minister for Skills (Nick Boles)
You were not with us this morning, Sir Edward, but the hon. Member for Cardiff South and Penarth gave a broad introduction to the provisions on the political fund, as well as addressing the amendments. I do not want to take long because we are trying to save time. The arguments made by the shadow Minister and other Members betray a strange lack of confidence in their appeal to union members. It seems to me odd to suggest that the only way they can secure the donations of union members is by somehow relying on the inertia that prevents a union member from exercising their opt-out.
The hon. Gentleman talked about pension contributions and auto-enrolment. One of the main reasons for introducing automatic enrolment into a pension is that it is pretty hard to persuade individual savers, particularly young people on relatively low wages with lots of other immediate demands on their cash, of the benefits of a pension that they are not going to receive until 40 or 50 years in the future. Yet we all know that, both in their direct personal interest and in the public interest, it is important that they save for a pension. Surely the hon. Gentleman is not suggesting that the appeal of the Labour party and its policies is so distant or vague that it is not possible to persuade individual union members that they have an immediate, direct and personal interest in ticking a box and opting in.
Although I understand the strength of feeling on this issue, the Opposition betray their own defensiveness rather than making a strong argument.
Chris Stephens
I would gently point out to the Minister that many trade unions currently have a system whereby members have to tick a box for the political fund. Indeed, my own trade union, Unison, gives the choice of ticking a box next to either the affiliated section, from which funds go to the Labour party; the general political fund section, which I happen to tick; or for no political fund arrangements at all. Some trade unions already offer the option through ticking a box, so why is the change necessary?
Nick Boles
I am grateful to the hon. Gentleman, who I think has made my argument for me. All that we are requiring is that every trade union member be asked to tick a box to contribute to a political fund, rather than being given an option to tick a box to get out of it. Since he is happy to do that and happy for others to do the same, it does not seem particularly onerous.
Amendments 34 and 35 deal with the opt-in renewal notices for political funds. It must be right that a member decides whether to contribute to a political fund and has an opportunity to renew their choice; the question is over what period. In this country, it seems that renewing political choices every five years is becoming a normal pattern, which is why we suggest five years in the Bill. We have provided that members can renew their opt-in at any time in the three months before a renewal date, reducing the burden on unions of different renewal dates for different members. The Bill also provides that members who have recently decided to contribute will not have to renew their opt-in again shortly afterwards. If a member opts in six months before a renewal date, they do not have to renew again at the next renewal point. Amendment 35 would undermine that provision, which is meant to help unions to manage the opt-in process.
Clause 10 creates a workable system of opt-in and renewal for trade unions with political funds. The amendments would work against their effectiveness for unions and their members, so I urge that amendment 34 be withdrawn.
Stephen Doughty
I am not seeking to press amendments 34 and 35 to a vote, but I want to be frank with the Committee: we know what the Government are up to. Most people out there in the country know what the Government are up to. The Government have a very presentable representative in the Minister, who comes across as a model of reasonableness and everything else, but he has some more sinister elements behind him—[Interruption.] Not here! I should clarify that I was not referring to the Minister’s Parliamentary Private Secretary, the hon. Member for Newton Abbot, who is equally as respectable. I am referring, of course, to the sinister elements hiding out in the Cabinet Office, the Treasury and elsewhere, who clearly intend to break the consensus on party funding in order to undermine the funding of the Labour party and political campaigns that might target the Government and their policies, while not opening their own funding arrangements to the same degree of scrutiny.
The SNP inquired as to why I had photos of Margaret Thatcher and the former Leader of the House and Member for Richmond (Yorks) on my desk. In Cabinet minutes from 1984, the former Prime Minister, Margaret Thatcher, said that
“legislation on this subject, which would affect the funding of the Labour Party, would create great unease and should not be entered into lightly”.
The former leader of the Conservative party, a respected figure in the House, said in a submission to the Committee on Standards in Public Life:
“The question of trade union funding of parties is not a matter of direct concern to the Conservative Party. We recognise the historic ties that bind the trade union movement with the Labour Party.
The Conservative Party does not believe that it is illegitimate for the trade union movement to provide support”.
Those are important points that exemplify how extraordinary the Government’s move is. It moves away from that consensus. They can of course impose their will on us, as they have a majority in the House, but that is not one of the principles of the democracy in which we operate. I hope the Minister will go back to those more sinister elements outside this room and urge them to rethink the measure. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Nick Boles
I beg to move amendment 91, in clause 10, page 6, leave out lines 6 to 12 and insert—
‘(3) The first renewal date—
(a) for a trade union in relation to which a political resolution is in force on the commencement date, is the date falling five years and three months after that date;
(b) for any other trade union, is the date falling five years and three months after the first date following the commencement date on which the union passes a political resolution.”
This amendment is intended to improve the drafting as regards the “first renewal date”, and in particular to make it fit better with section 93(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 (amalgamations) where that section applies.
The Chair
With this it will be convenient to discuss the following:
Amendment 36, in clause 10, page 6, line 8, leave out “five years” and insert “ten years”.
The amendment would make the first renewal date for a union‘s political fund established before the Bill comes into force 10 years and three months rather than five years and three months.
Amendment 37, in clause 10, page 6, line 10, leave out “five years” and insert “ten years”.
The amendment would make the first renewal date for a union‘s political fund established after the Bill comes into force 10 years and three months rather than five years and three months after the ballot.
Amendment 38, in clause 10, page 6, line 13, leave out “five years” and insert “ten years”.
The amendment would make all renewal dates for unions’ political funds after the first renewal date 10 years rather than five years.
Government amendment 96.
Nick Boles
Amendment 91 is a minor amendment to clause 10 that fixes the first renewal of an opt-in to a political fund so that it is three months and five years after the date of the political resolution. The language is more precise than the current drafting, which refers to the date that a political fund is established or the date of a ballot. The revised wording also reflects the language used in the provisions of the 1992 Act dealing with amalgamations. To be clear, this is a technical point and there is no change in policy. It should make it easier for unions to understand and apply the law in this area.
Amendment 96 deals with how the new opt-in provisions apply to the amalgamation of the unions. It fixes the first renewal date where two or more unions join together. We have ensured that renewal dates will be fixed by reference to the date of a political resolution. This means that where two unions amalgamate, the first opt-in renewal date for the amalgamated union will be the earliest of the renewal dates of the different amalgamating unions. That will ensure that all union members will be subject to the same renewal dates, which will be administratively easier for the unions concerned.
I now turn to Opposition amendments 36, 37 and 38, which would replace the opt-in renewal date from five to 10 years. Our aim is to promote greater transparency for union members. We want members to make an active choice based on a recent and up-to-date decision. We do not believe it is right that a union member makes the decision to opt in to a political fund and is not asked to do so again for as long as 10 years. That could not be judged a recent active choice.
Chris Stephens
During consultations on the Bill, did anyone object to having a trade union ballot in 10 years and want one every five years? What is the purpose of that? I would have thought that 10 years, which is two electoral cycles, would be sufficient.
Nick Boles
I certainly accept that there can be different, legitimate views on this question. As I said in response to the previous debate, given that our system seems to be moving towards regular five-year cycles of political decision making, we felt that it was, if nothing else, neat to have a five-year cycle of decision making about contributions towards political funds.
A five-year renewal date balances the need for unions to have certainty about how much income they have for political activities against the need to ensure that a member’s decision to contribute remains current and relevant. We are also taking steps to remove the burden of different renewal dates on unions, and ensuring that future renewal dates are kept the same for all members of any union. We are therefore allowing for a five-year renewal notice to take place any time in the three months before the renewal date. The Bill also provides that where members who opt in during the six-month period before the five-year renewal, they should not have to renew their opt-in again at the renewal date. That prevents, for example, new members who have made a recent decision to contribute to a fund from having to renew their opt-in again very soon after.
Jo Stevens (Cardiff Central) (Lab)
Were we to move to a system of contracting-in to the political levy with five-year renewals, what is the case for retaining the political fund ballot every 10 years? Will the Minister do away with that?
Nick Boles
We have no plans to change that. If the hon. Lady wants to table proposals at the next stage in the House, I will be happy to engage with that question. Since she has not done so, I am not in a position to engage with it directly now—I am not sure it would be entirely in order to do so, although it is a perfectly legitimate question for her to raise.
To conclude, renewing the opt-in decision every five years will ensure that members’ decisions remain current.
Stephen Doughty
I do not have a lot to say about Government amendments 91 and 96, because we fundamentally oppose the principle of the clause and all associated measures, and intend to vote against it when we come to that point.
As the Minister has pointed out, Opposition amendments 36, 37 and 38 go with the status quo, sticking with the 10 years and three months provision as it is. That is obviously a matter for debate, although I am not sure that the Minister is making a strong argument. He certainly did not adequately respond to the point raised by the hon. Member for Glasgow South West about who has requested the change.
When combined with the other measures, this appears like another attempt to prevent this money from reaching political causes and parties.
John Howell
I thought the hon. Gentleman would ask that question, so I thought of an answer. The answer is that I am not suggesting that anything at all was wrong with that election or, indeed, other elections that have used electronic voting, but I urge extreme caution where it is applied to elections that are enduring and on a statutory basis.
To finish—I wanted this to be only a brief intervention—I go back to Jim Killock of the Open Rights Group. He said:
“Given the vast numbers of machines that are infected by criminally controlled malware and the temptation for someone to interfere in an election, internet voting is a bad idea.”
Nick Boles
Will my hon. Friend tell us where he unearthed those comments from Jim Killock to ensure that Hansard can record that for all Members?
Chris Stephens
The article was about my thoughts on the first 10 weeks of Parliament. The headline was “Bizarre, Surreal, Orwellian”, which I think sums up quite nicely some of the arguments we hear from the supporters of the Bill, who talk about modernisation but will deny trade union members the right to use e-balloting.
I hope the Minister will explain why, in response to every written question I have asked him, a written answer comes back with a link to a website. If it is okay for him to do that to me, it is acceptable for a trade union to email its members with a link to a ballot paper. It is independently scrutinised. Companies such as Electoral Reform Services and MyVoice have been able to do that, and there have been no concerns about those ballots.
Nick Boles
Before getting into the meat of this, I start by emphasising how important line-by-line deliberation on the Bill is. We have been, and still are, very keen that every Opposition Member—it is particularly important for Opposition Members—can exploit that opportunity. We also, however, have a timetable agreed by the usual channels, and I am keen that all parts of the Bill, all amendments to it and all new clauses receive the same level of scrutiny, so that nobody can claim the Government somehow prevented the Bill from receiving that scrutiny. As a result, I will not deliver the more detailed response that had been prepared. My response will relate to the amendment and all the new clauses in this group, so that we can make some progress.
Where we started from in drafting the Bill was, in a very sense, very simple. We started by suggesting that all the new decisions we were asking union members to take should be communicated according to the existing methods provided in the legislation. It may have been naive of us to think that position would be unchallenged, but it was for no more sinister—the word used by the hon. Member for Cardiff South and Penarth—reasons than that. We were simply reflecting existing provisions in the Bill.
Since the Bill was published, there has been a great deal of debate in public, in evidence sessions and now in Committee about the question of alternative methods of voting—in particular, e-balloting. From the very first time that was raised, the Secretary of State, the Prime Minister and I have made it clear that we have no objection in principle to online voting or e-balloting, as it is sometimes called. Indeed, I would go further: it would be extraordinary if, in 20 years’ time, most elections in most countries in the world on most questions of importance were not decided through electronic means of communication. Just as we have been willing to accept freely and openly the principle that that is a desirable state to move towards, it is important for Opposition Members not to be quite so dismissive of the practical objections that were so well highlighted by my hon. Friend the Member for Henley.
It is incredibly important to acknowledge that the Open Rights Group, which gave evidence to the Speaker’s Commission on Digital Democracy that only reported in January this year, is not some Tory front organisation. These people are genuinely concerned about a genuine question at hand—the legitimacy, safety and security of voting. It is important that the Opposition do not dismiss those objections out of hand by plucking out examples of very different decisions and transactions. Specifically, the particular matter when it comes to voting is the need to ensure that the system that captures the data does not allow the person casting the vote to be identified. That does not apply to banking transactions. Once someone is inside the secure system, it is fine for any part of that system to know their identity; indeed, it is critical that the system should know their identity, so that the money is transferred out of and into the right account.
With voting, the system needs to be anonymous, to preserve the individual’s privacy and secrecy; but it must also be able to guarantee the identity of the individual—that they are indeed the voter claiming that vote. It must be accountable, to guard against malpractice and fraud.
Ian Mearns
I am very grateful to the Minister, but even with the traditional form of voting in a general or local election in this country, it is still quite easily possible for the returning officer to identify the way in which a particular voter has voted; because when they go to a polling station they are given a ballot paper on which there is a number. There is a counterfoil on which the individual identifying letters and numbers from the register are put down, which has the same number on it, and the person puts their ballot in the box. At a later stage the returning officer could, if they were so minded, identify the number, check back and see who cast that ballot.
Nick Boles
That may well be the case, and of course there are also problems with postal ballots; but pointing to problems of fraud and malpractice in other traditional voting systems does not necessarily give support to a move to an entirely uncharted voting system.
There is only one—I think I will put it in layman’s language—respectable democracy, which we would all admire, that uses online voting for elections. That is Estonia, and the reason it can do it is that they have identity cards there. It is much easier to see how a system could work in such a situation, but the Conservative party and, indeed, many Members in the Labour party, resisted identity cards as a profoundly un-British step, because we do not want anyone to march up to us and say “Ausweis, bitte.” That was why we resisted them; but it is hard to see how online voting could happen without identity cards.
We are not willing to make piecemeal or rushed decisions about possible ways of overcoming the practical objections that have been identified to online voting, e-balloting or online communication. However, we have been clear about our position on the principle. We are willing to go through those arguments in later stages of the Bill. I assure the Committee that there is at least as much interest in the question in the other place, where there will also be an opportunity for scrutiny of the Bill.
I have no doubt that at some future time the practical objections that I have outlined will be overcome. It is a matter of time and human ingenuity. I have no doubt that we will get there, and we are happy to work with all members of the Opposition, and all groups outside Parliament, to ensure that eventually we do get there. However, at this point I urge the Committee to resist the amendment.
Stephen Doughty
I hope the Minister will respond to a point on which he has not responded: the issue of secure workplace balloting. It already happens and is seen as a secure method for other elections, yet he seems to be ruling that out as well. Perhaps he did not mean to, and perhaps he will come to that. I do not know whether he wants to intervene on me now, but I would like to hear what he has to say.
Nick Boles
The hon. Gentleman is right, and I glided over that because I was trying to avoid getting bogged down in a long speech. I am actually less persuaded about that than I am about the principle of online voting in the future, once the practical objections have been overcome. That is because I believe that the process that is in place that allows workplace balloting for union recognition votes is an extremely laborious one, in terms of the qualified party, or whatever it is called, and everything else. I would have thought that the idea that people will have to go through that process any time they want to hold a strike ballot is far worse than sending people postal ballots.
Secondly, there is this idea that the problem of potential intimidation in workplace ballots does not exist with union recognition, but I do not think it is an absolutely equivalent situation. In a decision on trade union recognition, all employees are deciding whether to vote to accept the presence of a trade union in the workplace. The employer can observe who is voting, but not whether they want to join a trade union. That contrasts with industrial action ballots, in which those entitled to cast a vote are, by definition, members of a trade union and may not want to be observed by their employer participating in the ballot. It is hard to see how there can be workplace balloting without enabling the employer to work out who in their workforce is promoting industrial action. I am actually less persuaded of the merits of that argument.
I think I have made my point clear on all the amendments and new clauses. I urge the Committee to resist them all.
Stephen Doughty
I appreciate the Minister’s clarification, but I do not believe it stacks up. As we have made clear, there is a lot of support for our amendment from the trade unions that the Bill will affect, because they are entirely satisfied that the secure methods we have set out, including the security provisions—particularly given that they are used already—would enable them to conduct ballots safely and securely.
Nick Boles
I beg to move amendment 92, in clause 10, page 6, line 44, leave out “Subsection (4) applies” and insert
“Subsections (4) and (5) apply”.
This is a drafting amendment linked to amendment 93.
The Chair
With this it will be convenient to discuss the following:
Government amendment 93.
Amendment 41, in clause 10, page 7, line 3, leave out subsection (4).
The amendment would remove the transitional provision which prevents unions three months after commencement of the provisions from collecting monies from members for political funds unless they have made a choice to contribute.
Amendment 40, in clause 10, page 7, line 3, leave out “three months” and insert “ten years”.
The amendment would extend the transitional provision from three months to 10 years after which unions would be unable to collect monies from members for the political fund unless they had made a choice to contribute.
Nick Boles
Amendment 92 is a drafting amendment linked to amendment 93, which deals with the withdrawal of an opt-in during the three-month transition period. The Bill provides that, during the three months after commencement, members who are already contributing to a political fund will be treated as having opted in under the new system. That will allow unions to continue to deduct political contributions from those members for three months. At the end of that period, unless members have chosen to contribute under the new arrangements, they will no longer be able to contribute.
Amendment 93 makes it clear that a notice to withdraw during the transition period will take effect at the end of the month after it is served, which will ensure that members who no longer wish to contribute can stop doing so during the time of transition. This is a minor amendment to ensure that notice to withdraw an opt-in from members who are already contributing will be in line with the new provisions.
Amendments 40 and 41 seek to remove the three-month transition period between the old and the new opt-in arrangements for political funds. Amendment 40 would replace “three months” with “ten years”, which would mean that the new opt-in system would not apply to those who already contribute for a whole decade. Members of trade unions would not be required to opt in for 10 years. It is of course important to give a reasonable amount of time to ensure a smooth transition from the current system, but 10 years is simply not reasonable.
Amendment 41, on the other hand, would mean that all current contributions ceased on the day that clause 10 came into effect. A union would not be able to collect any funds until a member had actively opted in, which would be very extreme. Our transitional period strikes a balance. The purpose of the three-month transitional provision is to give unions and members a reasonable period to move to the new arrangements. We do not seek for contributions to cease from day one. Unions will still be able to collect funds for three months and members will have three months to put their new opt-ins in place.
Stephen Doughty
I intend to be brief. I do not have a lot to say about Government amendments 92 and 93, which, as the Minister pointed out, are minor. Given that we oppose the principle of this clause and what the Government are trying to do, I do not feel the need to say much more.
I want to speak briefly to amendment 40 on extending the transitional period. We will likely return to this issue on Report or in the other place. It is out of the ordinary for the Government to introduce such a short transitional period for extremely major measures that affect the funding and operations of trade unions’ political funds and other matters. We heard in oral evidence, and probably on Second Reading, that England has had two years to prepare for the introduction of the 5p plastic bag tax, so why, in such major legislation, are we being given only three months?
Julie Elliott
I thank my hon. Friend for his intervention. As I have said, there is no reason for this clause other than political motivation. If the Conservative party in government wants to look at how political parties are funded, I urge it to use the system of all-party talks that has worked for decades.
Nick Boles
I will try to reassure Opposition Members on a few points. They seem to be suggesting that this is somehow an egregious singling out of trade unions to require a level of transparency that does not apply to anyone else.
First, let me assure the hon. Member for Cardiff South and Penarth that employers associations will be covered by the provisions in clause 11. Even more importantly, companies are already required to declare the details of spending on political activity above £2,000 per annum and have been for a long time. To require the same of trade unions therefore does not seem unfair or unreasonable.
There is currently inconsistency in the level of detail provided in union returns on political expenditure. Some unions are transparent and provide detailed information in their annual returns to the certification officer. We want the example of those unions that provide clear information to be followed by all. That is why we propose that where political expenditure is more than £2,000 per annum, expenditure should be broken down to detail the different items of spending. An equivalent provision applies to companies.
Jo Stevens
It seems implicit from what the Minister has just said that the Government believe that some trade unions are not being transparent in their declarations. Is there any evidence to back up that assertion?
Nick Boles
We want to ensure that all unions are declaring everything above £2,000, which is what the provision states, and currently not all unions do so. Amendments 44 and 45 would undermine the transparency that the clause seeks to achieve.
Let me turn to amendment 98. We propose that the Secretary of State may make regulations to increase the amount from £2,000. That will ensure the legislation is future-proofed. The regulations will not allow the amount to be decreased, which would make the provisions more onerous; it can only be increased. I am a little puzzled by the shadow Minister’s concerns, because all that would do is change the level of granularity required in trade unions’ declarations to reflect either inflation or changing circumstances in society. I therefore him urge hon. Members not to press their amendments.
Stephen Doughty
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question put, That the clause stand part of the Bill.
Nick Boles
I apologise again for arriving late, due to a misunderstanding about the time at which we had been requested to return. We will try to make as rapid progress as possible to make up for it.
The Chair
Order. On that point, it is the convention—I have been in the House for many years—that when the Chair says 15 minutes from the last Division, he normally means 15 minutes from the start of the Division. I do not want to embarrass anyone, but just so we know where we stand in future.
Nick Boles
Thank you, Sir Edward. We are all relative newcomers in this place, so it is good to learn.
There is less difference between the Government and the Opposition than Opposition Members have tried to make out. They have made an eloquent defence of union learning representatives, health and safety representatives and other union officials who perform union duties in the workplace. No one on the Government Benches disagrees with the value that such people add to their workplaces or the extent to which they can help ensure that workplaces are safe, while also offering opportunities for people to advance and progress.
If you listened only to the speeches of Opposition Members, Sir Edward, you would have concluded that somehow we were banning facility time. All we are seeking to ensure, however, is that there is transparency about facility time. Conservative Members, previously in coalition and now as a Government on our own, passionately believe in the power of transparency to lead to good decisions. Transparency gives the public who pay our salaries and those of everyone in the public sector—the public should truly be referred to as the employers in the public sector—an ability to make a reasonable judgment about whether public sector bodies are managing their money well. The public are absolutely capable of understanding the arguments about the value of health and safety and learning representatives in the workplace.
Chris Stephens
The Minister indicated that he is not minded to ban facility time, or that that is not his intention. Is he therefore indicating that he will withdraw clause 13 of the Bill?
Nick Boles
No, I am not, because clause 13 does not ban facility time. It would take a reserve power—one that we would not like to use and would only use reluctantly—to cap the amount that can be spent on facility time, which is a very different thing from banning it altogether.
Stephen Doughty
I wanted to ask a similar question. I am incredulous that the Minister is asking us to believe that he is introducing a reserve power, which is very wide ranging, without the intention of using it, in particular given what we know about what happens in Whitehall Departments. They want to get as much information on the table so that the Government can then step in and cap things. Is that not what the Government are trying to do?
Nick Boles
I understand that the hon. Gentleman will always think the worst of us and that I am probably not going to be able to persuade him otherwise. If we wanted to do that, however, why are we not introducing a cap now? We have a figure based on the civil service—we introduced transparency on facility time, which produced a substantial drop in the amount of public money spent on facility time—and we could perfectly well introduce a cap now. We even probably have the votes for it, but we are not doing so, and the reason why we are not doing so is that we do not want to go there. We do not want to have to resort to that. We want transparency to do the work that Conservative Members have consistently always believed that transparency does.
It is getting late, so I shall turn to the detail of the amendments. The Government want to promote transparency and public scrutiny of facility time, and encourage public sector employers to moderate the amount of taxpayers’ money they spend on such time in the light of that scrutiny. At a time of fiscal consolidation, it is unacceptable for taxpayers’ money to be spent on facility time without proper monitoring and controls.
Amendment 46 seeks to limit the range of publishable information to two figures: the total number of union representatives and the total cost of facility time. The Government resist those limitations. We have already seen the success of the reforms to facility time in the civil service. The percentage of the civil service pay bill spent on facility time has fallen by three quarters, representing a saving for taxpayers to date of more than £52 million. I have not heard reports of a lack of access to learning representatives or health and safety representatives in civil service workplaces. All employers whose spending on facility time is funded by taxpayers should be held to the same scrutiny. Taxpayers deserve that.
Nick Boles
I will make some progress, because we have had a good debate. I want to ensure that we make progress and get everybody home.
It is particularly important to monitor the amount of time spent on trade union activities, for which there is no legal right to paid time off work. I repeat: trade union activities are different from trade union duties. We all accept the not only legitimate but socially important and economically valuable role of trade union duties, but that is different from trade union activities. Public sector employers and the taxpayers who pay them must be able to distinguish between such activities and business or employee-facing trade union duties, for which there is a legal right to paid time off work.
We also consider that the percentage of public sector employers’ pay bill that is for facility time should not be omitted. Simply providing a total cost would not allow benchmarking against other public sector employers or the private sector, and would be almost meaningless on its own. The publication of the cost of union representatives’ use of their employers’ facilities should not be left out either. It can include the provision of telephones, photocopiers and dedicated office space. All public sector employers need to ensure that such use, to which there is no general legal right, is appropriate and represents value for taxpayers’ money.
Amendment 74 seeks to expand the range of information that relevant public sector employers are required to publish. They would have to estimate and publish the cost savings made from their existing facility time arrangements. They would also have to agree with relevant unions and publish a statement of the value of those arrangements. We recognise that union representatives play important roles in the workplace, which include dealing with disputes locally and effectively, helping to keep workplaces safe and meeting employees’ learning needs. We also recognise that many union representatives give their own time in addition to facility time to support their colleagues both individually and collectively, but where facility time is publicly funded, employers and unions must ensure it is spent as efficiently as possible.
The Government are confident that our proposals will deliver efficiency savings. A reduction in spending on facility time across the wider public sector to levels similar to the civil service currently would deliver estimated savings of around £150 million annually—£150 million that could be spent on employing more nurses, on schools and on better serving the people who elect us to this place.
Stephen Doughty
Given that the Minister wants to publish costs, why is he not willing to accept our amendment, which would ensure that the economic value provided by facility time is also made clear? If he does not want to introduce this cap but wants all the information and the facts out there, what could be wrong with our amendments?
Nick Boles
I have absolutely no objection to any employer trying to estimate such figures and publishing them. The difficulty is that the cost of facility time is a fact that will already be in the system of any employer. Employers know who they employ. They know how much employees are paid and therefore how much their time is worth, as well as what time they are spending on their job and on union duties and activities. The hon. Gentleman is asking employers to project or estimate values, because that value is not captured. Nobody is paying for it, and there is no customer putting a price on it. I am not saying the value is not real; the value is very real, but it is not automatically captured. We are trying not to place in straitened times a huge burden of calculation, projection and estimation on public sector employers. We want them to be able to focus on spending taxpayers’ money on the things taxpayers employ us to do, such as run hospitals, schools and the like.
Ian Mearns
I cannot help feeling that in the past couple of minutes the Minister has encapsulated what an awful lot of people have thought about the Conservative party for an awful long time: they know the cost of everything, but the value of very little.
Nick Boles
I said this right at the start and will repeat it: I work incredibly closely with Unionlearn. Last night, after the House rose, I was at an event with the person who runs Unionlearn. It is a terrific organisation. It is absolutely integral to our plans to increase the number of people with access to apprenticeships. I do not need anyone to tell me how valuable that work is, but I do not believe that it is necessarily a good use of public sector organisations’ time to be producing reports estimating that value. Just make the argument; they are making the argument very well. As I say, the restrictions on facility time in the civil service have not produced great reports of a lack of availability of health and safety or union learning advice in the civil service. They have just brought a welcome reduction in the amount of money spent on the less justifiable union activities that are not protected by the law and do not produce the kind of value that the hon. Gentleman argues we should appreciate.
Chris Stephens
The Minister mentioned two figures: first a £52 million saving and then a £150 million target saving, which I think alarmed many of us on the Opposition Benches. Will he break down those figures for the Committee and explain how they were arrived at?
Nick Boles
I would be very happy to ask the Cabinet Office to circulate that information. The £150 million is an estimate of what saving might be achieved if the wider public sector made the same sort of journey that the civil service has made since the introduction of transparency on facility time.
On amendment 50, the Government consider that the negative resolution procedure is appropriate and would provide the appropriate level of parliamentary scrutiny. The regulations in question will impose publication requirements on different categories of relevant public sector employer. For example, the Secretary of State for Health will make regulations imposing publication requirements on NHS employers.
The negative resolution process is also appropriate for the power to add a body that is not a public authority but is to be treated as such for the purposes of the publication requirements. The power will not be used to bring into scope private or voluntary sector providers of contracted-out public services. Nor is it our intention to apply the publication requirements to private individuals, companies, partnerships or the like.
Subsection (9) of clause 12 will enable the power to be used only where the body has functions of a public nature and is funded wholly or partly from public funds. Both of those conditions have to be true. Specifying such a level of detail in the Bill enables the scrutiny that is now taking place.
Stephen Doughty
May I ask a very specific question? The Minister just said that the Secretary of State for Health would make regulations relating to facility time in the health service. Does not that expose the problem with the devolution settlement that we have described in the debates on earlier measures? Is the Minister suggesting that the Secretary of State for Health will make regulations that affect facility time in the health services of Scotland and Wales, which are wholly devolved and under the control of Health Ministers in those countries?
Nick Boles
Yes, because, of course, health policy and the management of the NHS in those countries will remain, as part of the devolution settlements, in the control of the Governments of those devolved—[Interruption.] The hon. Gentleman has made his point; I disagree with it. There is no question on that point.
On amendment 106, the aim of the publication requirements is to provide transparency to the taxpayers who fund the arrangements. The information published must therefore be relevant and accessible and lend itself to comparison across categories of public sector employers. Publishing the total number of union representatives is simpler for employers and accessible to the public. It is completely reasonable to assume that, where an employer values its representatives, it will know who they are and therefore their number. If taxpayers require comparison on a percentage basis to consider the publication fully, they can scrutinise the publication of the percentage of the total paybill that is spent on facility time. That figure will give a clear indication of how much resource in the organisation is used for facility time, which will provide comparison between organisations of different sizes.
Amendment 107 would replace the requirement to publish the total amount spent by an employer on facility time with the percentage of the total cost of facility time to the employer, including that funded by the trade unions. Amendment 108 would add that information to the publication requirements, but without also requiring the removal of the requirement to publish the total amount spent on facility time.
Together with the reserve powers in clause 13, the publication requirements deliver our manifesto commitment to tighten the rules on taxpayer-funded paid facility time. Where taxpayers fund facility time, as they do in the public sector, they deserve to have transparency about how much it costs. Providing the total cost will allow them to scrutinise spending, at both an employer level and a national or sector-wide level.
Jo Stevens
The Minister mentioned facility time to attend union conferences. I do not think that is correct, and I seek clarification from the Minister.
Nick Boles
If I have information to give the hon. Lady now, I will do so before I reach the end of this speech, but if I do not, I will write to the Committee before our next meeting so that the matter can be raised if there are further questions.
Including information that the trade union would need to calculate whether it pays for its own representatives does not improve transparency about what is happening with taxpayers’ money, because taxpayers are not funding the union’s contribution. If the trade unions want to supplement an employer’s publication by providing information of their own, we would welcome that move towards transparency. Our purpose is to ensure that taxpayers receive value for their money, and placing such a requirement on the trade unions would not meet that aim.
Chris Stephens
Surely it would benefit the taxpayer if public sector employers could demonstrate that trade unions made a contribution, whether to the office, to utilities or even, as I indicated, to the salaries of trade union reps who hold senior office in the trade union.
Nick Boles
I was very clear that we strongly encourage unions to make that information available where it is true. As the requirements on transparency for the taxpayer’s contribution to funding union duties and activities come through, I am sure unions will also want to present their contribution to those valuable roles, and they have every right to do so. However, it would not be right to place on taxpayers the requirement to prepare and publish that information. Ultimately, taxpayers do not pay that money to do the trade unions’ job of publication for them.
Finally—I hope this answers the question that the hon. Member for Cardiff Central asked about whether facility time has ever covered conference attendance—civil service transparency in the past few years showed that conference attendance by union officials was paid for by Departments in some cases. I will send the Committee the details of those cases, and I will circulate them to Members. There were cases of it in the past.
Ian Mearns
The provisions in the clause take us beyond the civil service. What happens in the civil service is different from what happens in other public sector areas.
Nick Boles
And the beauty of transparency is that it will reveal all, and if there are no problems and if nothing is unjustified, the public will be reassured and I will be entirely delighted. On that basis, I ask the hon. Members to withdraw their amendment.
Stephen Doughty
Excellent. I do not intend to press our amendments to a vote at this stage, but we may well return to them later. However, there are serious implications. We must not forget what we have discussed and the benefit that facility time can provide.
Nick Boles
Amendments 110, 47 and 48 are designed to limit the information published under our transparency regulations by excluding certain categories of trade union representative. I have already explained that the Government greatly value the work of learning representatives and health and safety representatives from trade unions. An employer must allow them as much paid time off work as is necessary or reasonable to perform their statutory functions, and we absolutely do not propose to change that rule. We simply want to ensure that the time that trade union representatives collectively spend on union duties and activities during working hours at taxpayers’ expense is justifiable and accountable, and that it represents value for money.
Clause 12 will enable Ministers to make regulations requiring public sector employers with one or more union representatives to publish information relating to facility time for those representatives. The information that employers could be required to publish includes the number of such representatives, such as learning and safety representatives, and how many of them spend a specified percentage of their time on their union role.
Reporting on facility time for learning and safety representatives is not new. The civil service has reported on paid time off for learning and safety representatives, together with general representatives, since 2013. The information on facility time that local authorities in England are required to publish includes the total number of staff who are union representatives, whether general, learning or safety representatives.
Amendments 47 and 48 are both designed to remove the requirement to exclude safety representatives from the information that is required to be published about facility time. Where an employer efficiently uses facility time for safety representatives, it is not unreasonable to expect the employer to know who those representatives are and how much of their time they spend on their union role. Where taxpayers fund the facility time of those representatives, they have the right to know how their money is being spent. We consider that all public sector employers should have to publish information about facility time for all types of union representatives, including safety representatives. They should not be required, as is proposed in amendments 47 and 48, to give taxpayers a less than full picture of their spending on facility time; they should be transparent about all of it.
Moving on to amendment 110, in the public sector paid facility time for a learning representative is in no way less of a cost to the taxpayer than paid facility time for a general representative or a safety representative. Not to include some costs of facility time based on the specialism of a particular representative would be misleading, and it would not deliver our intentions of giving taxpayers transparency about the facility time that they fund. Removing the requirement to publish information for specialist representatives, who are in a minority, would have a detrimental effect on the validity of the publication and be unlikely to save the employer significant time, if any.
Workers have a statutory right to be accompanied by a trade union official to a disciplinary or grievance hearing. That is a significant amount of trade union facility time, which is why we believe that it should be included in the publication requirements. Because we believe that that statutory right is right, and we have no intention of changing it, we want to understand the cost of the time that is involved in fulfilling it. Paid time off for a trade union official to attend such hearings is no less of a cost to taxpayers than any other category of paid time off for facility time, so there is no reason why it should be excluded from the publication requirements. Indeed, to exclude that cost would be misleading, because it would prevent taxpayers from ascertaining the true total cost of facility time in the public sector. Local authorities in England, and the civil service, have already agreed that that information should be published without exclusions for time spent attending such hearings. It would not be helpful transparency for some parts of the public sector to include some areas in their costs while others exclude them, because that would not allow taxpayers to make comparisons. I therefore ask hon. Members to withdraw the amendment.
Chris Stephens
We keep hitting a brick wall in terms of the Government’s attitude to this. They keep using the words “not justifiable”, but I believe that anyone undertaking duties as a safety rep or a learning rep is justifiable. What would be the issue on that basis?
Nick Boles
I have been trying to make progress, but I am stung by that remark. I have never claimed that the work of learning representatives and health and safety representatives is not justifiable—in fact, I have argued absolutely the opposite. If the hon. Gentleman believes that it is absolutely justifiable, why on earth does he oppose simply publishing the cost of it?
Chris Stephens
The Minister keeps using the words “not justifiable”, so we will press amendment 110 to a Division.
Question put, That the amendment be made.
Stephen Doughty
I do not intend to detain the Committee for long. The amendments are probing to understand fully what the Government mean by new section 172A(9), which is contained within the clause and would amend the 1992 Act. It would provide the Government with the power to extend the duty to publish information on facility time to an organisation that has
“functions of a public nature and is funded wholly or partly from public funds”.
What sort of organisations—private and voluntary sector—will the new reporting requirements encompass? I see no reason why a private corporation should be brought into this part of the Bill. The definition of “wholly or partly” is left open. Voluntary sector organisations and private bodies that engage in Government contracts want to understand the Government’s intent. Is it the intention to encompass all sorts of organisations or only a specified few? Our amendments ask that question and we suggest even removing the section. Amendment 99 would ensure that the proposed new reporting requirements on union facilities would apply only to public authorities as clearly defined by our amendment. I hope the Minister can clarify. However, the amendments are probing and I do not intend to press for a Division.
Nick Boles
I thank the hon. Gentleman for explaining the purpose of the amendment. The explanatory notes to the clause give examples of relevant public sector employees. The clause contains a power to provide that a person or body that is not a public authority but has functions of a public nature and is funded wholly or partly from public funds is to be treated as a public authority for the purposes of subsection (2) and is therefore subject to the publication requirements.
The proposed new section deliberately does not define what is meant by a public authority, because that term has a commonly understood meaning. However, the boundaries of that term can be uncertain. Therefore, subsection (9) is designed to enable us to deal with any cases in which there could be uncertainty that a taxpayer-funded body is a public authority, such as an academy trust.
That is an important point, so I take the opportunity to place it on the record that it is absolutely not our intention to catch, for example, private or voluntary sector providers of contracted-out public services. Nor is it our intention to apply the publication requirements to private individuals, companies, partnerships or the like, which amendment 99 seeks expressly to exclude from scope.
I hope that, now that I have given that explanation, the hon. Gentleman will be happy to withdraw his amendment.
Stephen Doughty
I thank the Minister for that clarification. I take it he means that, for example, a charity receiving a small grant—say £10,000—from the Government for a particular function would not be included in the legislation. Is that correct?
Stephen Doughty
That is very helpful. With that clarification, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.