Trade Union Bill

Rachael Maskell Excerpts

Tuesday 10th November 2015 Commons Chamber

[Chris Stephens]

I agree entirely with the hon. Gentleman. Perhaps it is because Conservative Members fear the inevitable visit of three ghosts on Christmas eve.

[Rachael Maskell (York Central) (Lab/Co-op)]

Does the hon. Gentleman agree with Electoral Reform Services, which has run more than 2,000 ballots, that there has not been a single security breach in all those ballots and that, therefore, it is a very secure mechanism?

[Chris Stephens]

I agree, and that evidence came out in Committee.

Workplace balloting is an available secure option that increases democracy in the workplace. The 1992 Act already permits workplace ballots to be used for statutory recognition ballots, under schedule Al. Workplace ballots of that nature are secure and overseen by qualified independent persons, usually Electoral Reform Services. The individuals and balloting agencies permitted to act in statutory recognition ballots are generally the same as those who act as scrutineers in industrial action ballots and other statutory union elections and ballots.

An analysis of Central Arbitration Committee reports indicates that turnout tends to be significantly higher in ballots where all workers voted in the workplace. Average turnout was 88%, and in combination ballots average turnout was 86.9%. The average turnout in postal-only ballots was 71.6 %. According to the TUC, there is no evidence that workers feel intimidated into voting a particular way when ballots take place in the workplace. Of the complaints that the CAC was asked to decide on, five were made by unions and one by an employer. None of the complaints was upheld.

We are told that electronic voting is not safe. Thousands of private sector, voluntary and political organisations use electronic voting every year. Electoral Reform Services alone manages more than 2,000 annually, and its report concludes that online voting is no less secure than postal balloting. It says:

“There are risks associated with electronic voting but these are essentially similar to the risks associated with any secure electronic process. Many of the risks are also of the same nature as the risks related to postal voting”.

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[Kevin Brennan]

I understand the basis on which, under our law, it has, for more than 100 years, been possible to undertake industrial action lawfully. The hon. and learned Lady may well know that it was a judgment in the part of the world that I represent—along with my hon. Friends the Member for Cardiff South and Penarth and for Cardiff Central—that, more than 100 years ago, led to the requirement for changes to ensure that, as in any civilised democratic society, working people had the right to withdraw their labour if they were involved in a trade dispute. I hope the hon. and learned Lady is not suggesting in any way, shape or form that there should not be that right. As I said earlier, if she was serious about wanting more people to be involved in decisions around trade disputes—in balloting and so on—she would support our new clauses and amendments, which allow for workplace balloting and e-balloting, and easier access to democracy for the people she purports to speak about.

[Rachael Maskell]

Does my hon. Friend agree that having facility time improves industrial relations in the workplace and therefore lessens industrial action?

[Kevin Brennan]

I agree; there is plenty of evidence that it saves money and facilitates good industrial relations. It is draconian and illiberal of the Government to interfere in voluntary agreements between employers and employees by means of central diktat in this way, and as regards their reputation, I believe that they will live to regret that.

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[Kevin Brennan]

It is entirely appropriate from time to time for payroll to be used in this way. Often, members pay into a credit union through their payroll. These things should be encouraged; they are very good for industrial relations.

This ban was not included in the Conservative manifesto or the Queen’s Speech, and no reference was made to it in any of the Department for Business, Innovation and Skills consultations or the Department’s impact assessment. As we have heard, there have been concerns among Government Members about this move as well. It is almost universally opposed, except by the TaxPayers Alliance, known colloquially as the tax-dodgers alliance, which gave evidence during the oral evidence stage.

In pressing ahead, the Government have failed to secure substantial employer support for their proposals, with many employers, particularly in local government and the health sector, having expressed concern that they could undermine positive industrial relations, which are vital for the delivery of quality public services. Is it any wonder that that is the case, given that employers and trade unions were not consulted? We believe these provisions are unnecessary and draconian, and I give notice that we may wish to press amendment 9 to a vote later—for some strange parliamentary reason, it does not come at this knife.

[Rachael Maskell]

Does my hon. Friend agree that this further complicates the situation in the health environment when people pay not only a levy for the industrial support of a trade union, but a professional levy that goes towards the professional support they have with their work?

[Kevin Brennan]

My hon. Friend highlights the lack of thought, consultation and proper scrutiny that has gone into this proposal. It is unravelling by the minute as hon. Members bring their expertise to bear on the implications that it has out there in the real world.

Let me draw attention to some of the other amendments in this group. The Scottish National party has tabled a raft of amendments, some of which were moved in Committee. I understand that the SNP may wish to divide the House on new clause 2, which is in the spirit of our new clauses 5, 6, 7, 8 and 9. Given the time available, if the SNP does that, we will support it in lieu of our new clauses—the same applies in respect of new clause 10. At this point, I should allow somebody else an opportunity.

[Lucy Frazer]

Trade unions play an important role in protecting the rights of employees: through their collective power, they have the ability to balance the scales against an employer, who invariably has greater economic and social power than the employees in its workforce. Last week, I met a few trade union officials from my constituency, and was struck by the passion and desire they have to do their job in representing others. But therein lies the crux of this legislation: it is a union’s job to represent its workforce, so its actions must represent their wishes. It is important that when a union has the power to bring a school, hospital or factory to a temporary standstill, its actions actually reflect the will of its members. I say that for three reasons.

[Rachael Maskell]

rose—

[Lucy Frazer]

I ask the hon. Lady to let me develop my argument a little further. First, those who suffer most in a strike are not the employees or employers but the public. The employees do not suffer, because any loss of income from the strike may well be covered by the union. The employers of the large concern do not suffer, because they will be paid their salary in any event. It is the public, and only the public, who suffer, first as the consumer and later, when the bill comes in, as the taxpayer. The public end up picking up the tab for both sides.

In the winter of discontent, the main victims of the low pay offensive in the public service were the old, the sick, the bereaved, children and the poor. It is not only this Government who have made the point that it is right that action by a trade union should reflect the mood of its members. The need for democratic accountability by the union was also recognised by the Labour Government. Their White Paper in 1998 entitled “Fairness at Work” specifically drew attention to the need for accountability:

“Laws on picketing, on ballots before industrial action and for increasing democratic accountability in trade unions have all helped to improve employment relations. They will stay.”

It is for that reason that it is right that these measures, which are right as a matter of principle, should apply to the whole of the UK .

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[Ian Lavery]

I fully accept that. If we want to talk about productivity, we need to look at that, instead of trying to highlight something that is not really a problem.

[Rachael Maskell]

Days have been lost through industrial action because the negotiators, whether that is the Mayor of London or the Secretary of State for Health, refused to come to the negotiating table, refused to talk to the trade unions, and have been spoiling for a strike, as we are seeing now over the junior doctors contract. Surely the Bill should be about improved industrial relations which give a voice to working people, as opposed to crushing that voice.

[Ian Lavery]

I entirely agree. As I said earlier, does anybody want this Bill? Has anybody asked for it? Even some of the major Tory party donors have said it is purely union-bashing. As my hon. Friend the Member for Cardiff West (Kevin Brennan) said, and he was absolutely right, that is what Tories do. [Interruption.]

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[Kevin Brennan]

My hon. Friend is absolutely right about that. Why is it only trade unions that are being singled out in this way? I think we explored some of the reasons earlier in this afternoon’s debate.

New clause 1, which stands in the name of the hon. Member for Glasgow South West (Chris Stephens) and his colleagues, is similar to the new clause 12 we tabled in Committee. It would insert in the Bill a ban on the supply of agency workers during industrial action. As we know, the Government are planning to remove the ban on agencies knowingly supplying agency workers to replace striking workers. Kate Shoesmith, the head of policy at the Recruitment & Employment Confederation, which has nearly 3,500 corporate members, has said:

“We are not convinced that putting agencies and temporary workers into the middle of difficult industrial relations situations is a good idea for agencies, workers or their clients.”

The CIPD, the professional body for HR, which has about 140,000 members, warned that the Government’s plans to reform trade union laws are “an outdated response”, given the challenges employers face today.

[Rachael Maskell]

In the dispute at Northampton hospital, the pathologists were locked out of the lab and the trust brought in agency workers. That escalated risk to such an extent that samples were not able to be used for testing. Is it not the case that agency workers can make things far worse rather than better?

[Kevin Brennan]

They can make matters far worse. When we look at this proposal alongside clause 7, it becomes clear that the introduction of an extended notice period is there to give the employer additional time to organise agency workers to undermine the industrial action, as well as to be able to prepare for legal challenges. My hon. Friend has hit the nail on the head: this is bad for safety and bad for service users, and bad because it could serve to prolong industrial action unnecessarily. It will also be bad for the general public. Conservative Members ought to care about the fact that it will also be bad for social cohesion in this country. Presumably, as a next step the Government will be getting the Department for Work and Pensions to sanction the unemployed for refusing to act as strike breakers.

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[Rachael Maskell]

Many of the arrangements are contractual, so removing them would cost the employer a significant amount, estimated to be around £6 million.

[Kevin Brennan]

So much for the party of business, imposing costs on businesses that have entered into voluntary agreements.

I hope the hon. Member for Stafford will seek to divide the House on his amendment, which is thoughtful and moderate, rather like the hon. Gentleman himself.

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[Victoria Prentis]

I do not believe that the wearing of a badge or armband, or some other means of identification, is onerous in the way that the hon. Lady suggests. In fact, it is something that unions widely do already as part of the code on picketing, which actually says that everybody should wear an armband.

I must admit that in Committee I was somewhat bemused by this part of the argument and the briefs provided by Amnesty International and Liberty in the evidence that was given. Both are excellent human rights organisations that undertake extremely important work around the world dealing with executions and torture, yet the wearing of an armband by one person so that they are identifiable during a strike presents them with a big issue. I do not agree. We are not asking everybody taking part in a strike to wear an armband, but simply asking the organiser of a particular event to do so in order to identify themselves.

[Rachael Maskell]

rose—

[Victoria Prentis]

I am going to finish, if I may.

This seems to be an entirely reasonable and, more importantly, proportionate measure. There is a clear public interest in ensuring that trade unions take responsibility for the conduct of the pickets that they organise. It is only fair that the rights of those who belong to unions are balanced with the rights of hard-working taxpayers, including those in my constituency, who rely on key public services.