Trade Union Bill (Discussions)

Debate between Nick Boles and David Anderson

Thursday 28th April 2016 Commons Chamber

[Nick Boles]

I can confirm that, and none was more important than my hon. Friend, who had some very serious concerns. He did exactly the right thing: he came to see me privately about them as we were deliberating in the House. He tabled an amendment on Report, which he did not move because I had reassured him that we would look at closely as the Bill progressed. Yesterday, when he was not in the Chamber, I specifically mentioned that he had been influential in our decision ultimately not to press ahead with the measure that would have removed the check-off arrangement for trade unions in the public sector.

[Mr David Anderson (Blaydon) (Lab)]

I declare an interest as someone who has paid the political fund levy since 1969, and is a former president of Unison and a member of the TUC general council. I assure the House that the trade unions are quite clear that they do not want the Bill at all. When the Government were pushing this Bill they were reminded that even Winston Churchill spoke against what they are trying to do. I will also say very clearly that, whatever gossip people are hearing, there is no doubt that the trade unions would have funded the Labour party’s remain campaign, because they realise that the people who the Prime Minister of this country described as swivel-eyed loonies and the other right-wing reactionaries who would deregulate this nation will be worse for working people. Whatever the outcome of the Bill, and even if it had not been changed at all, I am convinced that the trade unions would have been in that position on behalf of their members, putting their money where their mouth is.

[Nick Boles]

The hon. Gentleman’s words speak for themselves and are very powerful.

Trade Union Bill

Debate between Nick Boles and David Anderson

Ping Pong: House of Commons
Wednesday 27th April 2016 Commons Chamber

[Nick Boles]

Madam Deputy Speaker, I can assure you that my relations with the Socialist Workers Party or its newspaper are probably rather less good than the hon. Gentleman’s, so it was not through my good offices that it got hold of any document—not that I accept that it did get hold of any document.

The hon. Gentleman asks a reasonable question, and I have made it clear that the Government have no objection in principle and that we expect statutory elections eventually to move towards online voting, but we will do that with trade union strike ballots when we are convinced that such voting is safe. That is why we want an independent review that will report to Parliament. I will not prejudge its outcome, because if I did, it would be slightly pointless to have the review in the first place.

[Mr David Anderson (Blaydon) (Lab)]

rose—

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[Nick Boles]

I am happy to give way and will do so first to the hon. Gentleman.

[Mr Anderson]

The Minister said before that online voting was okay for the election of the Tory candidate for Mayor of London because the Conservative party is an independent organisation. I hope that he would accept that trade unions are also independent. Did the Tory party carry out a review into how secure the system was before it set up the discussions for having electronic voting for the Tory mayoral candidate?

[Nick Boles]

I am sure that the hon. Gentleman heard my previous answer and he must recognise that these are statutory elections. Internal elections for candidates in any party are not statutory. They might be subject to problems, but that is a problem for the organisation, not for the public. The public have a right to expect a higher standard in the consideration of statutory elections.

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[Nick Boles]

The hon. Lady, who made an admirable and, for me, rather challenging contribution to our deliberations in Committee, knows that we do not comment on legal advice.

If publication, and the proper monitoring and recording that it necessitates, do not achieve the aim of bringing excessive spending on facility time back down to a reasonable level, it will be necessary to consider the imposition of a cap. A reserve power is very much a power of last resort.

[Mr Anderson]

rose—

[Nick Boles]

If the hon. Gentleman will forgive me, I wish to explain what we are now proposing, because it is a little different from what we proposed previously. I will give way to him before I conclude on the facility time cap.

A reserve power is very much a power of last resort. Although our amendment 17 brings back the reserve power, we are not simply replicating the provision that this House considered previously and that was deleted from the Bill in the other place. The amendment before the House today incorporates a number of safeguards that will trigger how and when the reserve power to cap facility time would be exercised. We have listened to the concerns of Members of this House and the other place and have sought to address those concerns in the amendment.

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[Nick Boles]

Let me finish this bit, because I am trying to explain what is different about what we doing. I will then be very happy to give way to my hon. Friend.

[Mr Anderson]

And me.

[Nick Boles]

Of course.

It is our intention that exercise of the reserve power will not even be considered before there are at least two years of data from the bodies subject to the publication requirement. Following the publication of the second year’s data, should a particular employer’s facility time be a cause for concern, having regard to all relevant factors, the Minister will send and publish a letter to the employer drawing attention to the concerns. The employer will have the opportunity to set out the reasons for the level of facility time. They will then have at least a further year from the date the Minister notifies it of concerns to make progress on its facility time levels. Nothing will be done until a third year’s data have been published. Only then will the Minister be at liberty to exercise the reserve power and make regulations to cap facility time for those employers.

[Mr Anderson]

A person who enjoys facility time will spend a lot of that time trying to manage huge reorganisations and redundancies, most of which are the responsibility of the Minister’s former Government. Can he explain what he means when he says things such as “excessive” and “reasonable”? Over the past four years, Gateshead council has lost 48% of its budget and 2,000 people have been made redundant. People have been engaged day and night, trying to redeploy and retrain people. How on earth is a Minister in Whitehall going to be able to pull all that together and say, “Well, that works for them, but it does not work for others.”? It is nonsense.

[Nick Boles]

The hon. Gentleman is right. What is reasonable can vary according to the organisation and the situation of that organisation, which is why we want to collect two years of data before we establish what seems to be a reasonable level by looking at comparable organisations. I will come on to the fact that we will also be creating the possibility of removing the cap from an organisation if it has a particular situation, such as the one that he describes, that would justify a much higher level of spending on the different kinds of facility time.

Trade Union Bill

Debate between Nick Boles and David Anderson

Tuesday 10th November 2015 Commons Chamber

[Mr Anderson]

I am proud to declare my interests in relation to the trade union movement. I am glad that the hon. Member for Huntingdon (Mr Djanogly) has returned to his place, because he talked about intimidation in workplace ballots. I refer him to the last two workplace ballots run by the National Union of Mineworkers in 1981 and 1983, in very tense times. There was an 80% turnout in both ballots on taking national strike action to fight pit closures. In both ballots, more than two thirds of the members said no. Where was the proof of intimidation there?

The hon. Gentleman also claimed that my party wants to go back to workplace ballots only, but that is completely untrue. We do not want these changes, but if we have to have them, let us be serious about them. We have tabled amendments to keep workplace ballots, but we have also said, “Let’s have electronic voting.”

It is clear that this Bill is about bias. It is about blocking people like me from having the opportunity to go through the trade union movement and get the skill, the confidence, the training and the support from a trade union to become part of the political movement that the trade unions gave birth to, so that I can come in here and challenge people such as the hon. Gentleman who want to destroy the things that I believe in and he hates. That is what this Bill is about—nothing more, nothing less.

Who wants this Bill? When I was canvassing in Blaydon during the election, not one person said to me, “We want to tighten trade union legislation.” More pertinently, before the debate today, not one person asked me to support the Bill. But 431 people have written to me directly to ask me to oppose it. The employers do not want it, the workers do not want it and it is clear that the public do not want it. If this Bill is forced through, we will see more industrial unrest, as the hon. Member for Edinburgh East (Tommy Sheppard) said. Disputes will not end, victimisation in the workplace will not end, health and safety abuses at work will not end, discrimination will not end and exploitation will not end.

Frustrated workers will not stand back, no matter what the legislation says. We will end up with workers being forced to break rotten laws. If that happens, I would say to members of my party and other MPs of conscience that we should stand four-square behind those workers. This Bill is nothing more than an attempt to undermine democracy. The Conservatives are even abusing the memories of Winston Churchill and Margaret Thatcher—and I cannot believe I am saying that.

[The Minister for Skills (Nick Boles)]

We have heard fierce argument in Committee and today from those who would seek to exclude some areas of Great Britain from the reach of the Bill, or who would seek to allow coverage in those areas only with the consent of the bodies to which certain other responsibilities have been devolved. Nothing in the Bill need cut across the positive relationships that we have heard about between unions and Government in Scotland and Wales.

There is nothing to stop union representatives using paid facility time to fulfil their union duties to help represent working people. All the Bill does in relation to facility time is introduce measures that have already been introduced in the civil service, and union duties are still admirably and adequately fulfilled in the civil service.

It is important for the productivity and prosperity of Great Britain as a whole that arrangements pertaining to employment matters apply consistently across the whole country. Employers do not see boundaries when engaging staff. Many employers have employees in all three countries, in London and in various English authorities. Having different employment laws applying would produce a complex situation, involving much confusion and cost for business.