Oral Answers to Questions
Nusrat Ghani Excerpts(7 years, 11 months ago)
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Joseph Johnson
As I said in an earlier answer, this Government welcome strongly the contribution that EU and international students make to our higher education institutions. There is no plan to introduce a cap on the number of international students. We continue to welcome EU students.
Nusrat Ghani (Wealden) (Con)
The superb schools across my constituency of Wealden face the double financial whammy of being both rural and small. Under the new funding formula, only eight schools will get an uplift. May I urge Ministers to look again at the schools in Wealden that do not regularly hit the traditional markers of deprivation?
Justine Greening
We have kicked off a consultation on introducing a national funding formula. As my hon. Friend points out, we have tried to make sure that it reflects factors that affect schools in more remote locations, as well as those with higher cost bases under the additional costs allowance. She has obviously looked at the impacts on her local schools and I am sure that she will want to provide input into the consultation.
National Funding Formula: Schools/High Needs
Nusrat Ghani Excerpts(8 years ago)
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Justine Greening
The right hon. Lady should welcome the formula, because at the moment the flow of money into our schools is unfair. For a community such as hers, our proposed architecture for the national funding formula will make sure principally that funding is fair and there is an equal amount for children in primary and in secondary; then our main drivers of additional funding will be deprivation—as I said, £5 billion a year for that—and low prior attainment. That is the right way to structure the formula. Although we have seen progress in many schools in many parts of our country, we now need to make absolutely sure that resources flow towards those areas that need to lift.
Nusrat Ghani (Wealden) (Con)
The Minister for schools was kind enough to meet me recently to discuss funding for schools in Wealden and East Sussex, and I am very grateful for that. My pupil funding is just £4,433.58. My small rural schools face severe challenges because of their small size and location, and a heavy weighting for sparsity in the formula is therefore vital if we are to ensure that Wealden’s superb schools can carry on providing a brilliant education.
Justine Greening
My hon. Friend is absolutely right. When we looked at the national funding formula mechanism, we saw that some local authorities do not use the sparsity factor. Our sparsity factor will go to all schools that should get additional support. That is why the formula should be welcomed.
Oral Answers to Questions
Nusrat Ghani Excerpts(8 years, 2 months ago)
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Robert Halfon
Clearly, we had to reform technical education, because there were far too many qualifications. There were over 13,000 qualifications, and engineering had something like 500. We are looking to offer students a technical pathway if that is what they choose, and we will look at the best qualifications for those technical pathways.
Nusrat Ghani (Wealden) (Con)
Mr David Burrowes (Enfield, Southgate) (Con)
The Minister for Vulnerable Children and Families (Edward Timpson)
More than 9,000 families in England have received bespoke therapeutic support via the adoption support fund that we set up just 17 months ago. Such support is often crucial in making a placement a long-term success. We are improving support in schools by extending access to virtual school heads and designated teachers, and we are developing new care pathways to meet the mental health needs of adopted children. The establishment of regional adoption agencies and the £14-million practice and improvement fund were designed to bring about better support for adoptive families.
Nusrat Ghani
At a recent inspection, the performance of East Sussex County Council’s adoption service was rated by Ofsted as outstanding. What does the Department do to ensure that best practice is shared, so that local authorities that are identified as requiring improvement learn from those that are providing an outstanding service?
Edward Timpson
First, I congratulate East Sussex County Council on its Ofsted rating. I agree that we want others to learn from the best. The development of regional adoption agencies will see local authorities and voluntary adoption agencies working side by side to deliver excellent adoption services everywhere, with a strong focus on evidencing what actually works. We are setting up the aptly titled What Works centre for children’s social care, which will disseminate and promote best practice across the country.
Oral Answers to Questions
Nusrat Ghani Excerpts(8 years, 5 months ago)
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Nusrat Ghani (Wealden) (Con)
15. What plans her Department has to improve child and family social work.
The Minister for Children and Families (Edward Timpson)
Excellent social work transforms lives, which is why we are establishing a regulatory body to drive up standards and raise the quality of social work training and practice. We are attracting new talent to the profession, investing in high-quality training, rolling out a practice-focused career pathway and developing a new What Works centre to ensure that social workers are equipped with the best knowledge and skills for their practice. This clear strategy to improve child and family social work is set out in the children’s social care policy paper, “Putting Children First”, which I and the Secretary of State published today and by way of a written statement. I encourage all hon. Members to read it.
Nusrat Ghani
Will the Minister explain how the Department’s new graduate entry routes to social work, such as Step Up to Social Work and Frontline, and including the award-winning provision of children’s services from East Sussex County Council, have impacted the social work profession?
Edward Timpson
Step Up and Frontline are beginning to have a significant impact: more than 670 Step Up participants have qualified as social workers and more than 450 students and 103 local authorities started training this year. An evaluation of cohort 1 showed high retention, and 99 Frontline participants have now qualified as social workers. An independent evaluation in March 2016 was hugely encouraging.
Oral Answers to Questions
Nusrat Ghani Excerpts(8 years, 10 months ago)
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Nicky Morgan
I pay tribute to the work the hon. Gentleman has done as the local Member of Parliament in speaking up on this case. Yes, I am alarmed. As I said in my earlier answer, Cumbria is in formal intervention from my Department and is being supported by an interventions adviser. In the most recent inspection, the services were found still to be inadequate. As I have said, we will review progress in March this year as part of the broader package of reforms we know we need to introduce to tackle failing children’s social services departments, which only let down the most vulnerable.
Nusrat Ghani (Wealden) (Con)
East Sussex County Council offers award-winning children’s services, but there is always more to learn. What plans do the Government have to reform child and family social work?
Trade Union Bill (Fourth sitting)
Nusrat Ghani Excerpts(9 years, 2 months ago)
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Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)
Q 383 What are your opinions on the use of agency workers? What effect could that have on public safety and, where you represent healthcare workers, patient safety?
Frances O'Grady: We have very good relations and agreements with agencies and the federation representing agencies in this country. We have always worked very closely on the fair principles of employers needing flexibility to cover peaks and troughs in production, or staff absences, and doing that on the basis of equal treatment within the framework of the union agreement. This proposal is obviously quite different. We are potentially talking about employers having the right to replace wholesale workers who have democratically voted to go on strike with, potentially, untrained and inexperienced agency workers.
As we know, labour providers source from all over Europe, so is the idea that workers would be bussed in, perhaps from another country, perhaps not knowing what they are being bussed in to do, and be put in the invidious position of being asked to cross a picket line? Many employers, including the industry federation, have said publicly, very clearly, that it is absolutely wrong-headed to put agency workers in the middle of difficult disputes. It is not something we have seen in this country for 40 years or more, and frankly it is either naive or positively dangerous to deliberately seek to undermine legitimately decided and democratically voted on strikes by the use of agency labour.
Dave Prentis: It is a very final resort when a public service worker or a health worker takes industrial action. Last year was the first time in 34 years that our members have taken action over pay, and it was to achieve the Government’s 1% pay award, which the Secretary of State had denied the workers, but we reached written agreements to provide cover. We provided written agreements—we signed them with the other unions involved—on ambulance workers to make sure that ambulances were there, all ready to go in an emergency. We reached written agreements for cover on wards. Sometimes, they have better cover than they do at times when they have staff absences because they want to ensure that the critical wards are covered. There is no need for agencies to be brought in.
With the change in the thresholds and the idea of agency workers—even Margaret Thatcher did not propose this. The idea of using agency workers, combined with all the other restrictions on industrial action, is punitive. Somebody wants to attack trade unions, but they are basing it on 1980s values, and we have moved on. The Bill will not in any way affect the productivity of the country, which we should be looking at—whether competition in Britain is good enough to take on the rest of the world. We are just going to end up fighting with each other, when we should be working together to ensure that workers benefit, the organisations they work for benefit and, in our case, patients benefit.
Nusrat Ghani (Wealden) (Con)
Q 384 To continue on agency workers, we took evidence earlier from Mr Jon Skewes from the Royal College of Midwives. He mentioned how potentially disruptive it could be if midwives were to go on strike. There are two issues: the fact that it costs so much to bring in agency staff, and the need to ensure that staff have the right skills to support mums and babies. If midwives were to go on strike, it would put at risk pregnant mums and their babies. Are you saying you would not want any agency staff available at that unit if a mum was going into labour? Would you not then allow agency staff to come in to work, to help those mums and babies?
Dave Prentis: I heard Jon’s evidence, and he said very clearly to you that they put in far more workers—midwives—than they have brought out in demonstrations.
Nusrat Ghani
Q 385 I am just asking as a point of principle, because Ms O’Grady said she did not want to see any agency staff. In this sector, would you not want to see any agency staff covering the shifts of striking midwives?
Frances O'Grady: You are being completely disingenuous. As you may well be aware—perhaps you are not—unions have long-standing voluntary agreements with employers in emergency services to ensure that life and limb are not put in danger during a strike.
Nusrat Ghani
Q 386 So agency staff will be brought in.
Frances O'Grady: The agreements are between the employers and the unions. I refer you to the NHS employers that have written to Ministers saying they are concerned that this Bill, its tone and the aggressive approach taken by it are jeopardising the good, long-standing social partnership arrangements we have in health and many other public services.
Nusrat Ghani
Q 387 I just want to establish whether agency staff would be acceptable in this situation, if nobody else was available.
Dave Prentis: I have never known a time when we have taken action in health and an agency would be needed, because we provide the full-time staff to stay in. We give them a dispensation, and we reach agreements with management on the levels of staffing they think they need to run those services. On many occasions, we have more staff in than are in on a normal Saturday or Sunday.
Sir Paul Kenny: Do you honestly think that a midwife looking after a mother would walk out—
Nusrat Ghani
Q 388 No, I do not. I was just asking because there was a huge discussion about agency staff. I want to know where the principle would stop and start.
Sir Paul Kenny: Yes, but you use the most emotive issue.
Frances O'Grady: I was speaking to a midwife called Natalie who went on strike because of the rejection of the 1% offer. They made sure that no mother or baby lost out. [Interruption.]
The Chair
Order. When the Chair calls for order, you will please desist. Members are asking questions. We want replies, and we do not do it as a collective; we do it individually, through the Chair. That is normal behaviour in this place.
Nusrat Ghani
Q 389 You represent a large proportion of the working people in our communities and our constituencies. We heard some damning evidence this morning about what happens to people who choose not to go on strike. We heard from the London fire brigade about how difficult it is for people who choose not to go on strike to get into their fire stations and carry on with their duties, and how they are possibly putting themselves at risk by continuing to go into work.
We also heard evidence from SITA. In its written evidence, it told us that non-striking workers during a strike in Doncaster in 2011 had been subject to “sabotage of private property”. Its evidence goes on to say that
“strikers visited the homes of workers, slashing car tyres and throwing paint stripper over a car. The Working Men’s Club used by a non-striker was contacted by a striker…who threatened the steward of the club that if they allowed him to use the bar, the club would be vandalised. The club barred the non-striker.”
How are you able to represent your non-striking union members and other workers? Who is supporting them?
Len McCluskey: That is an extraordinary thing for you to put forward.
Nusrat Ghani
It is not for me to put forward; it was evidence given by witnesses.
Len McCluskey: Fine, and I am going to answer it. There are current laws to deal with any action of that nature, which is criminal. You have put forward a specific incident that suggests striking workers are engaged in criminal activity. The police will deal with that when it is brought to their attention. If you asking whether I support that type of criminal behaviour, no, I do not. The police have sufficient laws to deal with those issues. There is certainly no need to introduce more laws, and I will not repeat the comments that my colleagues have made about the nature of those laws. I will just remind you of what I said right at the beginning: a threat to the cohesive nature of the communities we live in is something you need to take on board. Laws already exist to deal with all of that type—
Nusrat Ghani
Q 390 The 2010 dispute was discussed earlier on. This evidence from 2011 is that there are people who wish to go to work but feel intimidated.
Len McCluskey: What has that got to do with the Bill? If they feel intimidated and there are incidents of vandalism, I assume they bring that to the attention of the authorities, who will deal with it. It is certainly nothing to do with trade unionism or the right to strike: the right to exercise our democratic views to an employer. It has really got nothing to do with us and nothing to do with the Bill.
Sir Paul Kenny: I am not privy to that particular evidence that was given to you—I would love to see it—but it seems to be four or five years old and I would have thought in those four or five years that the criminal acts that you seem to be describing here would have been reported to the police. I wonder what action the police took, because it sounds like individuals were known. Forgive me; I am not trying to be difficult here, but I am wondering where this fits in with our discussion.
Nusrat Ghani
Q 391 Who represents the workers who want to continue going to work, especially if only a minority of union workers are calling for the strike in the first place?
Sir Paul Kenny: If that is the question, that is dead easy to answer. I do not know why it had to be prefaced with stuff from four or five years ago. If you say what happens to people in the union who decide, even if they voted in a ballot, to go to work, they go to work. There are already adequate laws covering no victimisation for those individuals. There is nothing in the Bill that adds to that. Sorry, that already exists. Truthfully, I wonder how much knowledge there is in existence about the rules governing trade union bodies. That is already covered. They have a right. If they go to work, they go to work.
Nusrat Ghani
Q 392 They are obviously finding it difficult to go to work in these circumstances.
Len McCluskey: It is not a question about it being difficult to go to work. The current legislation allows people to go in and out of work. It allows contractors to deliver in and out of work. It allows the striking workers to exercise their right to explain why they are on strike.
If you are talking about evidence-based, I know that my own union was accused of thuggery and intimidation in the INEOS dispute. That complaint was brought by a Conservative MP—a woman whose name I forget at the moment. The result of that was that Police Scotland and the Hampshire police force said there was no case to answer. There was no criminal activity whatever. There was nothing abusive or intimidatory. If you read the headlines in the daily newspapers, you would think the complete opposite, so I ask you to understand the nature of a dispute and the manner in which trade unions try to organise in a disciplined way, because the one thing that we want when our members are out on strike is to get them back into work. We want a negotiated settlement. And trust me, this Bill will make it more difficult to achieve those types of aims.
Ian Mearns
Q 393 Professor Keith Ewing talked of his concerns about the potential future role and appointment of certification officers. Do you have any particular concerns about that?
Len McCluskey: I can answer that question, because we have huge concerns. Again, I am addressing Conservative colleagues on this. The first question I would ask is: what problems are supposed to be addressed by this element on the certification officer? What current problems exist? The certification officer is currently seen as an independent individual, and the current person there is highly respected by both sides of industry. It will no longer be independent.
There are no criteria about who can be the certification officer, and the most damning issue here is that anyone can complain. Any member of the public can complain to the certification officer, who would have the power to go into a union, disrupt its business and crawl all over its business in relation to how it operates. That is in stark contrast to what happens with individuals who are seeking redress at an industrial tribunal. They have to pay £1,200 up front and can be accused of vexatious behaviour. The measure would cause unnecessary upheaval in trade unions.
The slap in the face on top of it is that our members have to pay for it. Can you imagine the number of people who want to complain about Unite or any other union? We would have the certification officer, or whoever they determine, constantly working in our building, clawing over issues, with our members’ money paying for it. The big question that needs to be answered is, “What are the problems?” Why is this bit about the certification officer in the Bill? I have never heard any criticism of the certification officer’s current methods.
Frances O’Grady: With the Chair’s agreement, I am happy to add to that. As Len has pointed out, I suspect that these are some of the aspects of the Bill that David Davis was suggesting were more appropriate to Franco’s Spain than a modern democracy such as Britain. Many people are extremely worried about the idea that a certification officer can respond to complaints by employers, have the power to seize documents from union offices, impose fines and so on. The idea that the CO could, in real time, send inspectors down to picket lines does not feel like a good use of our money, given that we are also expected to pay for the privilege. It is taking industrial relations into territory that would be poisonous for both employers and unions.
Perhaps we also need to make it clear for the record that the total number of disputes that took place in Britain last year was just over 150, with a tiny proportion of days lost as a result. You have to come back to asking, “What is the problem that we are trying to crack here?” As a Financial Times leader pointed out, it smacks of the Government crossing a road to pick a fight.
Dave Prentis: Can I supplement that? There were 160 disputes and only 640 ballots—four times the number of disputes—because we negotiated settlements before announcing a ballot. The ballots are not the important thing. It is about the settlements that we reached that then led to less industrial action.
There are three major Acts of Parliament covering what we do. We are the most regulated sector within the economy, if not the western world. This merely adds to that over-regulation. It is an over-burden for which there is no need. It shows the views of the people who are putting the Bill forward. There is absolutely no need for the certification officer to have additional roles. We are well policed by them already, if not too well.
Sir Paul Kenny: I am yet to have any understanding of the justification for the certification officer’s additional powers. The powers are already wide-ranging, and I do not understand the justification, other than to shackle or restrict the ability of unions to do their job. I thought that this Government were about deregulation, but it appears that they are until it comes to unions, which they want to regulate through the teeth.
The Chair
Let me appeal once more, finally, to Members. You only have a few minutes left and five Members want to ask questions. To be fair to each other, make it short and make the replies short, too.
Nusrat Ghani
Q 425 The Bill aims to modernise trade unions in just the way that work is modernised. Very few people now get a pay packet; the salary goes into your bank account. Surely, in that way, any worker should be able to choose whether they want to subscribe to a union or which union they want to subscribe to. That is why there needs to be a change in check-off.
Matthew Hancock: I agree with that and I will add something to it. It improves public protection because it ensures that it is an active choice of the member to be a member of the union, rather than getting the form in a pile of paperwork on day one, signing it off and the money always going out of your pay cheque before you receive it.
On check-off, I reassure Members about how sensible this change is by quoting the PCS union, which is the biggest union in the civil service. As of this morning, its website said:
“It’s quick and easy to sign up for direct debit—you can do it online in a couple of minutes… We are asking all members to do something very simple but very important—get ready to switch payment of your subs to direct debit. It only takes a few minutes”.
That demonstrates that this is not something that people should overreact to. Rather, it is a perfectly sensible change that has taken place largely already within the civil service. The PCS, which is the union that is mostly affected, confirms on its website that it is very simple and only takes a few minutes.
Jessica Morden
Q 426 In the previous session, we discussed the definition of important public services. From talking with Frances O’Grady, it seems that trade unions obviously are not clear who is going to be affected. Dave Prentis said he thought it was a “nightmare”, “ill defined” and would “lead to litigation”. Will we have a chance to debate these regulations and why have they had no consultation with you about what this will mean to them in practice?
Nick Boles: To correct you, we have had consultation, which is why it is not yet clear. The consultation only closed as the other consultations did. It is one of those funny things in government: you either get into trouble for not being specific, or you get into trouble for not having consulted. We wanted to say that we are clear about the sectors that this should apply to—health, education, transport, fire, nuclear decommissioning and border control. Then the question is, is it right that it should apply to anybody and everybody working within those sectors, whether in the private sectors, ancillary jobs or core jobs? Is there a practical way of narrowing down? We consulted on this point. We have had a lot of responses to the consultation. We will bring forward specific proposals before the legislation has received Royal Assent.
Trade Union Bill (Third sitting)
Nusrat Ghani Excerpts(9 years, 2 months ago)
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Ian Mearns
Q 253 And there is law covering that sort of content anyway, is there not?
Deputy Chief Constable Hall: Yes.
Nusrat Ghani (Wealden) (Con)
Q 254 You have both mentioned limited resources. I just want to ask you whether you think it is right that your limited resources are used to get involved in large-scale strikes in the country. Looking at the tube strikes, for example, do you think that it is right that police resources are used to manage the strikes when only a minority of people have asked for them in the first place?
Deputy Chief Constable Hall: As Steve has already said, in policing we have got many priorities at the moment, and industrial disputes, if I am honest, are probably not at the top of the list of what we need to deploy resources against. What I would say is that we have a responsibility to keep the peace and uphold the law, and that can see us deployed into all sorts of different situations. Clearly, industrial dispute is one of those.
If there are industrial disputes where that role is necessary, then I would say that we will continue to need to deploy resources, but it does take resource away from other areas that I am sure all the police and crime commissioners around the country would consider to be our priorities, such as dealing with vulnerable people and reducing crime. This is not a natural area that falls into those priorities, but if we need to deploy resources to keep the peace, of course we will continue to do so.
Nusrat Ghani
Q 255 So you are being made to deploy resources from other incidents to manage strike action, when only a minority of people have asked for those strikes?
Deputy Chief Constable Hall: It is inevitably going to do that. When we have a limited and reducing resource base, large-scale deployment of police to industrial disputes is going to pull officers from other duties and responsibilities.
Steve White: The only comment I would make is that a distinction needs to be made between managing an industrial dispute—in terms of who is in charge, informing the police and managing it—and responding to an incident of disorder. We would respond to an incident of disorder whether it is in relation to an industrial dispute or a pub fight. Of course, we have a duty to respond to that, and we need to ensure that we have got the resources in place to do that. As Charlie has already said, the desire would be for these industrial disputes to be self-policing. If they are not, we are going to need resources and we do not have them.
Nusrat Ghani
Q 256 So you would have to deploy resources from elsewhere. You mentioned industrial disputes being self-policing, and you also mentioned, Chief Constable, that it would be easier if you were able to identify individuals who might be in charge if you came across a scenario. Wearing an armband would be one easy way to identify people, would it not?
Deputy Chief Constable Hall: Quite possibly.
Nusrat Ghani
Q 257 And you do not think that is detrimental to their human rights—having to wear an arm band?
Deputy Chief Constable Hall: I think that is probably for others to decide. I think what I have said is that when we attend being able to find out fairly quickly who is in charge and responsible for that picket is helpful to us. So there are many different ways I think that could be done.
Nusrat Ghani
Q 258 It saves money and saves time, does not it?
Deputy Chief Constable Hall: Well, we can quickly get in, negotiate and try to resolve whatever reason we have been called there for.
Steve White: We must not forget the use of good policing skills in this. Most of the time it is not rocket science. You can quickly establish who is in charge, whether they are wearing an arm band or not; but of course this is about the management of it, rather than responding to an incident. I suspect if there is major disorder breaking out you do not necessarily need to go and find who is in charge. You need to deal with the disorder. That is the only comment I would make.
Nusrat Ghani
Q 259 You also mentioned that it is very rare to get into a difficult situation. Most of the time these situations are self-policed and well managed; but have you come across scenarios where people wanting to cross the picket line have felt intimidated? Have you had to police that situation at all?
Deputy Chief Constable Hall: I think policing across the country will certainly have come across that. In my experience, and what I have had fed to me, sometimes at the mere presence of a picket line individuals can feel intimidated; but that is not necessarily, given that picket lines have protection within the law, something that the police are going to intervene about. I think there is a whole spectrum of intimidation, and some people who may wish to go into work will simply feel intimidated because of a presence there, and in my view that is not something that policing would then intervene with. We start to intervene where disorder is looking likely, or there are actual criminal offences that we have on the statute book that we need to deal with.
Steve White: Can I just come back on that? In terms of adding balance you can have the perception that a picket line could be threatening, and I am thinking about the footage from large industrial disputes of the past—the miners’ strike, for example. The last picket that I saw was local to me, in the south-west of England. It was in relation to a rail dispute, I think it was. I have to say that the atmosphere on the picket line was one of very light-hearted jolliness—people tooting their horns and shouting and waving, and so on and so forth. I only add that from a question of balance. Clearly we would not be involved in policing that picket line; but of course, as Charlie has said, if things overstep the mark and start to impress on the peace of it, then of course—
Nusrat Ghani
Then you have to move resources across.
Steve White: Yes, of course; but there is a balance to be had. As I say, everyone seemed to be enjoying themselves at that picket line.
The Chair
When I was practising as a criminal barrister we were not allowed to ask leading questions. There is nothing out of order about leading questions, but our witnesses are so skilled that one probably does not need to lead them, and I sure Mr Doughty, who has the next question, will not.
The Chair
John Howell is champing at the bit, but he is such a gentleman that I know he will want Nusrat Ghani to go first.
Nusrat Ghani
Q 307 Thank you, Chair.
Commissioner Dobson, I want to ask about something you mentioned to Mr Cartlidge earlier. Is it correct that in the 2010 dispute the non-striking workers found it difficult to get into the fire station?
Commissioner Dobson: Yes.
Nusrat Ghani
Q 308 You also mentioned that fire engines were approached, deterred or attacked when leaving the station.
Commissioner Dobson: Yes.
Nusrat Ghani
Q 309 Were any firefighters’ lives at risk at that time, when they were trying to carry out their duty?
Commissioner Dobson: No, I do not think that their lives were at risk. It was the emergency fire crew workers—the contingency force—who were followed and intimidated. I do not think that their lives were put at risk, but they certainly felt intimidated.
Nusrat Ghani
Q 311 And the victims of fire—could their lives have been put at risk if fire engines were unable to get out to them in a decent time?
Commissioner Dobson: That is a possibility, yes.
Nusrat Ghani
Q 312 So it was dangerous for both the firefighters and the victims of fire who were asking for help.
Commissioner Dobson: Yes, I believe it was.
Trade Union Bill (First sitting)
Nusrat Ghani Excerpts(9 years, 2 months ago)
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Nusrat Ghani (Wealden) (Con)
Q 30 You talked about work environments modernising and work practices modernising. I think one of the big changes in the last decade or so is the fact that people want more confidence in companies and public bodies, which means that they have to be more transparent and accountable. One of the clauses in the Bill wants to bring trade union practice up to date with existing best practices as public bodies have to publish all spending over £500. Do you agree with that?
John Cridland: The CBI has concentrated on the core parts of the Bill that most affect our membership, which are the strike thresholds and the confidence around strike arrangements. We support the Bill as a whole but we would leave those other arrangements for the Government to determine through Parliament and the certification officer. Those are probably not the aspects of the Bill that most employers would have at the front of their minds.
Tom Blenkinsop
Q 31 Going back to Stephen’s question about the clause, where you are saying that you want trade unions to support a Bill that has a clause providing that there should be more transparency on trade union spending. That is possibly one of the areas in this country which shows the most transparency on spending. You have then come here, and Dr Marshall has given evidence to this Committee, providing no evidence for your statements. Do you think that may undermine your argument in support of the Bill? You are asking for that type of legislation to be put through, but we still have not been given any objective evidence.
Going back to an earlier comment, Mr Cridland, you talked about concern about disruption and said that, to provide more confidence, you wanted to support this Bill to stop potential trade union actions, yet you also said that it was too difficult to investigate an illustrative example about striking workers in the education sector. Your colleague, Dr Marshall, also said that those investigations had not been conducted. What is the Committee supposed to believe? We are getting subjective statements, but not one of you can show us any objective investigation into your own members’ views on this matter.
John Cridland: With respect, I think that there are two separate points there. There is the mandate that we have to speak for the CBI as a representative body of the views of our companies. There is a separate issue of how the Office for National Statistics captures the impact of industrial action on the economy. I am responsible for the first. I am not responsible for the second.
Trade Union Bill (Second sitting)
Nusrat Ghani Excerpts(9 years, 2 months ago)
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Stephen Doughty
Q 221 Lastly, the UK Government clearly have form on this. You will recall, of course, the case that was before the Supreme Court regarding the Agricultural Wages Board. What is the Welsh Government’s wider experience of the UK Government’s legislating on matters that are devolved and have been found to be so by the courts?
Leighton Andrews: Well, I think you raise an important issue. Obviously, the judgment of the Supreme Court in respect of the Agricultural Sector (Wales) Bill confirmed that, provided an Assembly Bill fairly or realistically satisfies the tests set out in section 108 of the Government of Wales Act 2006, it does not matter whether it might also be capable of being classified as relating to a subject that has not been devolved, such as employment rights and industrial relations.
The policy background of the explanatory notes to the Bill sets the context of the Bill in respect of essential public services. That, of course, takes us into public services that are devolved, such as the ones we have discussed. There is a clear divergence in approach to delivering public services between England and Wales, and we think the proposals in the Bill, far from protecting public services, will be more likely to provoke confrontation.
We also find it somewhat odd that a UK Government Bill of this kind seeks to specify, for example, how much union facility time employees have saved local authorities in Wales. We have been going through, for example, a local government reform programme, which might not be supported by trade unions in local government. Their access to facility time will be a very important element for us in ensuring harmonious relations with the workforce as our reform programme goes ahead.
Nusrat Ghani (Wealden) (Con)
Q 222 I hope you can hear me okay. We took evidence earlier from Mr Wilson, who operates more than 700 buses. He stated that on a ballot turnout of 12%, two days’ industrial action was called. The 12% of people requesting industrial action may no longer be involved in his company now, because the decision was taken much earlier in the year. You spoke about schools earlier, and we also discussed the fact that on a 25% turnout in 2011, 62% of England’s schools were closed. I wonder what you think is a decent turnout for a ballot, considering that we are talking about accountability and transparency, and about making sure that the voice of every individual who is a member of a union is heard.
Leighton Andrews: I am sorry if you have had problems with strike action in England’s schools, of course, but let me say that in Wales we have been very successful in reaching agreements with trades unions that have avoided the need for strike action. For example, in respect of the firefighters’ dispute over pensions, we reached a solution and the Fire Brigades Union put off strike action in Wales. In respect of junior doctors, the British Medical Association’s advice has confirmed that the ballot for industrial action will not be taken in Wales. In respect of the agenda for change in the health service, the inclusive approach that we adopted led to the acceptance and successful application of a two-year pay deal in Wales, avoiding the threat of industrial action. In respect of education, we had constructive discussions with the trades unions and avoided the rolling strike action that was due to take place in Wales in 2013, while strike action was taking place in England.
So I suppose I go back to my opening comment: what is the problem that the Bill is seeking to address? The reality as far as we can see is that we have good relationships with trades unions in Wales and with our workforce. We have good relationships with public service employers in Wales and with our workforce. Public service employers in Wales do not support the Bill and do not see the need for it.
The Chair
Minister, before you go on any more, there are still three Members seeking to ask questions. I would ask you to be a bit more succinct. After this next question, I may see whether I can take all those three questions together, which might help you be as succinct as possible.
Nusrat Ghani
Q 223 One of the points that Mr Wilson raised about the 12% ballot calling for industrial action where he worked was that other members who wished to come into work felt intimidated. You talk about good industrial relations, which is what we all want to see, but there is also a feeling that when a minority of people has asked for industrial action, that has put pressure on other employees in a workplace who could not go into work that day or who felt intimidated. That is one point that Mr Wilson raised. I will go back to my original question: do you think that a turnout of 12% or even of 25% is representative of all the workers in a workplace?
Leighton Andrews: Well, I think that you would want the maximum turnout that you can achieve. I do not know Mr Wilson or the circumstances of that dispute. The point I am seeking to make here is that we are dealing with a matter that we regard as a fundamental constitutional question. This Bill seeks to impose conditions on Wales in public services that are devolved, where we have a responsibility to deliver public services. There is a major constitutional question at stake here. This is not a matter that we feel is going to improve industrial relations in Wales. It is not going to improve industrial relations within our public services; nor do we believe, at the outset, that there is a fundamental problem that needs to be addressed.