Trade Union Bill
Debate between Nick Boles and Natascha EngelWednesday 27th April 2016
(8 years, 7 months ago)
Commons ChamberRead Full debate Trade Union Act 2016 View all Trade Union Act 2016 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Commons Consideration of Lords Amendments as at 27 April 2016 - (27 Apr 2016)
Madam Deputy Speaker (Natascha Engel)
With this it will be convenient to consider the following:
Lords amendments 3 to 6.
Lords amendments 7 and 8, Government motions to disagree, and Government amendments (k) to (p) in lieu.
Lords amendments 9 to 16 and 18 to 29.
Nick Boles
The amendments improve the Bill and take account of a number of points of concern raised by Members of both this House and the other place. This is a raft of amendments, and I hope hon. Members will understand if I focus on the highlights in the order in which they appear in the Bill.
The 40% ballot threshold relates to strike action in important public services. The broad reference to “ancillary workers” has been removed and a “reasonable belief” defence for unions has been added. Those changes provide more clarity and certainty for unions and employers.
On the timing and duration of industrial action, the ballot mandate has been extended from four to six months, and to up to nine months where the union and the employer agree to that. That responds to concerns that four months was simply too short a time to enable both sides to resolve a dispute.
On the provision to provide two weeks’ notice of industrial action to an employer, the Bill now continues to allow for the current period of only seven days’ notice, where the employer and the trade union agree to that.
On picketing, there was great concern in this House, but less so in the House of Lords, about the Bill’s reference to “armbands”. That reference was taken from the original picketing code, which has been in force for a great deal of time. We do not want picket supervisors mistakenly believing that they must wear an armband. I hope that that will be welcome, particularly to my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), who is not in his seat, but who eloquently raised concerns about the issue.
The House debated at length the principle that union members should make an active choice to contribute to a trade union’s political fund. The other place established a Select Committee on Trade Union Political Funds and Political Party Funding under the chairmanship of Lord Burns, and I would like to place on record my gratitude to him and all the members of the Committee for their deliberations on this question.
The Bill has been amended to reflect the Select Committee’s recommendations on opting in. Our manifesto commitment suggested that we wanted to extend the opt-in principle for trade union members, and the revised provision meets that commitment. In future, all new trade union members will have to make an active choice to contribute to the political fund through an opt-in.
Our amendment corrects some legally defective drafting in the amendment tabled by Lord Burns and agreed to by the Lords. In particular, instead of the certification officer being given responsibility for issuing a code of practice, our amendment places a statutory obligation directly on unions to provide an annual reminder to existing members of their rights to opt out. That complements the position for new members, who will be required to be offered the right to opt in.
We have also improved requirements on unions to report details of political expenditure in their annual returns. That reflects the debates that we had about the importance of that issue in assisting union members to make informed decisions about whether to contribute to a union’s political fund. At the heart of the provision is transparency and proportionality.
The Bill has been amended to require reporting on all expenditure from a union’s political fund, including to causes and campaigns, but it also fixes what became characterised as the onerous obligation for the union to report on “every bus fare”. Instead, unions will be required to report on the total expenditure going to each political party or organisation in each of the categories.
Finally, the other place rightly agreed to increase parliamentary oversight of regulations that could seek to lower the reporting threshold once it has been raised and therefore increase the regulatory burden on trade unions.
On check-off, we had robust debates in this House, and there were equally robust debates in the other place. Those debates related to union subscriptions being deducted automatically from wages in the public sector. The Bill we welcome back to the House allows check off to continue where the costs are met by the trade unions and on the basis that union members have the option of paying subscriptions by other means. My hon. Friend the Member for Stafford (Jeremy Lefroy), who is not in his place, made an eloquent argument for an amendment on this very issue, and I indicated on Report that we would look at it closely as the Bill went through the House of Lords. I therefore hope that he is satisfied with the decision by the Government to accept this amendment. I pay tribute to him for his work, both privately and publicly, in making the case for this important change.
Our manifesto committed us to reforming the role of the certification officer. The Bill removes the requirement for the certification officer to be able to act in some areas only where a complaint has been received from a member of a trade union. Instead, the certification officer will be able to look into issues that come to his attention from third parties, or in the course of his duties. However, the provisions have been amended to increase the independence of the certification officer by ensuring that he is not subject to ministerial direction. As I have said previously, the certification officer is under no obligation to act on complaints or representations from third parties.
Nevertheless, concerns were raised that spurious or vexatious complaints could tie up the certification officer’s resources and, indeed, place an unfair burden on trade unions. The Bill has therefore been amended to require that the certification officer must have reasonable grounds to suspect a breach before appointing an inspector to conduct an investigation. I am confident that this will protect unions from vexatious complaints and over-zealous regulation. However, I am happy to assure hon. Members that we will keep this under review to see how it works out in practice. In response to human rights concerns, the judicial oversight of the certification officer has been strengthened. The Bill has been amended to allow appeals to the employment appeals tribunal on the certification officer’s decisions on the grounds of fact as well as law.
I hope that hon. Members will welcome the amendments. I believe that they improve the Bill, and I hope the House will see fit to accept them.
Oral Answers to Questions
Debate between Nick Boles and Natascha Engel
Natascha Engel (North East Derbyshire) (Lab)
5. If he will take steps to ensure that the views of local people are given priority in planning decisions on large-scale housing projects.
The Parliamentary Under-Secretary of State for Communities and Local Government (Nick Boles)
Every area of the country needs more housing, and the views of local people are crucial in determining where and how those needs should be met, not least through local plans.
Natascha Engel
We need new homes in North East Derbyshire. The issue is that local people want to have a say in where those houses go, but their opinions and the decisions of the local planning authority are being overruled by the Government’s planning inspector. This is the opposite of localism, so what is the Minister doing to make sure that local people’s concerns are not being ignored?
Nick Boles
The opposite of localism was the situation we inherited in 2010, when only 35% of local authorities even had a published draft local plan. Now 55% of local authorities have a sound local plan and more than 75% have published a draft plan. That is the way for local people to decide locally, rather than the regional strategies that the hon. Lady supported. That is the way to ensure that local decisions inform development.
Oral Answers to Questions
Debate between Nick Boles and Natascha Engel
Natascha Engel (North East Derbyshire) (Lab)
16. How many planning applications opposed by local authorities and local communities have been approved on appeal since the coming into force of the Localism Act 2011.
The Parliamentary Under-Secretary of State for Communities and Local Government (Nick Boles)
In both of the past two years, 35% of planning appeals were allowed. Funnily enough, in 2009 under the last Labour Government, 34% of planning appeals were allowed.
Natascha Engel
I thank the Minister for that answer, but my question was specifically about the situation since the introduction of the Localism Act. Developers are putting in large-scale planning applications in rural areas such as mine, and the local residents campaign against them. The council then rejects an application but, on appeal, it is given the go-ahead. What account is taken of local people’s wishes when such appeals are heard?
Nick Boles
I am sorry if I have not made this clear. Since the Localism Act, 35% of all such appeals to the Planning Inspectorate have been allowed, compared with 34% under the Labour Government before the Act, so there has been no substantial change. It is a fact that, under the Act, local opinion is extremely important. There has been almost no change in the percentage of appeals that succeed, and only 1% of all planning applications are allowed on appeal, so there has been no substantial change in the role of local opinion in determining planning applications since the Localism Act.
Oral Answers to Questions
Debate between Nick Boles and Natascha Engel(11 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text
Natascha Engel (North East Derbyshire) (Lab)
7. Whether his Department plans to review change-of-use planning regulations.
The Parliamentary Under-Secretary of State for Communities and Local Government (Nick Boles)
We have recently announced a significant package of improvements to support economic growth and the free school movement. We will continue to keep the use classes system under review.
Natascha Engel
I thank the Minister for that answer, although I was more after details on the regulations for changing a pub into a supermarket, a process for which there is absolutely no need for change-of-use planning permission. Does he have any plans to introduce planning permission for that, so that local people have a say in a change of use that significantly alters the communities in which they live?
Nick Boles
All local authorities have the possibility of resorting to an article 4 direction to restrict the application of a change-of-use permitted development right in their area, and they can do so if they are concerned about the loss of pubs in the way that the hon. Lady describes.