Trade Union Bill Debate

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Department: Department for Education
Tuesday 10th November 2015

(8 years, 5 months ago)

Commons Chamber
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Chris Stephens Portrait Chris Stephens
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It is even worse and goes even wider than that. Trade unions will be expected to make a contribution to the certification officer, but they will not be allowed to contribute to check-off, because that is to be banned across the board in the public sector.

New clause 2 would ensure that employers have a duty to ensure that union members can vote without fear of interference or constraint. That same duty is imposed on unions, and it is about what happens when an employer fails to comply with those duties by intercepting voting papers or emails relating to the ballot.

Paula Sherriff Portrait Paula Sherriff (Dewsbury) (Lab)
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Does the hon. Gentleman share my feelings of irony that the Government have stated that trade union members will not be allowed to vote in an electronic ballot, yet they considered that to be perfectly legitimate for the London mayoral selection?

Chris Stephens Portrait Chris Stephens
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I agree with the hon. Lady, and that point was raised in Committee. We were told by Conservative Members that e-balloting is unsafe and insecure—I do not know what that means for the Conservative candidate for Mayor of London. It came out that a trade union could email an employer and the police about picketing. Presumably that is safe and secure.

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Chris Stephens Portrait Chris Stephens
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I agree, and that is why we have tabled the new clause. If the Government were so concerned about participation, they would allow e-balloting and secure workplace balloting. If secure workplace balloting is good enough for recognition agreements, surely it is good enough for many of the other issues that trade union members have to decide on.

We were told in Committee that we cannot have online voting until 2020. Ministers have claimed that the Speaker’s Commission on digital democracy concluded that online voting could not be achieved before 2020, but it was concerned only with online voting in general or local elections, not trade union or any other ballots. The Commission reported on evidence from the Open Rights Group, which argues that online balloting in the context of a general election is far less transparent than ballot box voting. These arguments do not apply to trade union ballots, which are counted by the scrutineer in private.

Paula Sherriff Portrait Paula Sherriff
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The hon. Gentleman is being very generous in taking interventions. Does he agree that trade unions prevent a significant amount of sickness absence in the workplace? I was a shop steward in a hospital for a number of years. By fostering good relationships between trade union members and management, I am confident we reduced significantly that burden on the workplace.

Chris Stephens Portrait Chris Stephens
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Yes, with my trade union experience I do agree with that. I would happily say that the best education I had was from the trade union movement, particularly, for example, when someone had a condition that came under the scope of the Equality Acts. I agree with every word that has been said.

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Kevin Brennan Portrait Kevin Brennan
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I take it, then, that the hon. Gentleman wants higher turnouts in ballots and so will be supporting our new clauses and amendments allowing for workplace balloting and e-balloting.

Paula Sherriff Portrait Paula Sherriff
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Does my hon. Friend agree that one of the worst aspects of the Bill is that it is being applied retrospectively? Five million long-standing union members will have their political fund subscriptions cancelled without their permission or that of their union. It is no wonder the Government want to scrap the Human Rights Act.

Kevin Brennan Portrait Kevin Brennan
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I will not test your patience, Madam Deputy Speaker, by straying from the amendments, but my hon. Friend is absolutely right to say that the retrospective elements are particularly pernicious. Governments should refrain from retrospective legislation. I cannot believe, either, that the time periods were recommended by officials. When I was a Minister in the Department, any time period for consultation on a major change to a system involving business was always at least 18 months, so I am shocked if officials have advised Ministers that two months is sufficient.

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Kevin Brennan Portrait Kevin Brennan
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The so-called one regulation in, one regulation out rule—[Interruption.] Oh, it’s two out, is it? The rule is not being followed in the case of trade unions. Clearly, regulation of trade unions is not considered to be regulation at all, when in fact it is an extraordinary piece of regulation.

Paula Sherriff Portrait Paula Sherriff
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Does my hon. Friend agree that this move to end check-off discriminates against trade unions, as the ban is unlikely to extend to other payroll deductions, including those for charity payments, pensions and cycle-to-work schemes?

Kevin Brennan Portrait Kevin Brennan
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Indeed. Other hon. Members have made that point and my hon. Friend is right to emphasise it.