Trade Union Bill Debate

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Department: Department for Education

Trade Union Bill

John Bercow Excerpts
Monday 14th September 2015

(8 years, 7 months ago)

Commons Chamber
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Second Reading
John Bercow Portrait Mr Speaker
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I inform the House that I have not selected the reasoned amendment.

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Sajid Javid Portrait Sajid Javid
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The hon. Gentleman should be assured that if that were the case, we would not have brought these changes forward. The certification officer’s role remains that of a neutral regulator, independent of Government—that will not change. What will change is the transparency, some of the powers that the officer has to carry out their duties and the way the officer is paid for. Just like other regulators, they will be paid for by the people they regulate and be independent.

In conclusion, in June 1966, Prime Minister Harold Wilson stood at this Dispatch Box and called union leaders of the day

“politically motivated men who…failed to secure acceptance of their views by the British electorate, but who are…forcing great hardship on the members of the union and their families, and endangering the security of the industry and the economic welfare of the nation.”—[Official Report, 20 June 1966; Vol. 730, c. 42-43.]

Since then, successive reforms have helped to modernise the union movement. Now, it is time to take the next step: to embrace the transparency that modern society demands of business and politics; to embrace the democracy that is at the heart of what makes Britain great; and to focus on the needs and demands of union members, rather than the views and ambitions of union leaders.

In our manifesto, we pledged to deliver further union reforms, and at the general election, that manifesto secured the clear acceptance of the British people. This is not about the Government versus the unions or the workers versus the bosses. It is about creating a modern legislative framework for modern industrial relations; about making unions partners in the workplace; and about ensuring that a handful of militants cannot force great hardship on their members and on the public, or endanger the economic welfare of the nation.

I started today by talking about how unions were instrumental in consigning the dark satanic mills to the history books, but the workplace of the 21st century is very different from that of the 18th century. The way in which union members work has changed. Now, it is time for the way in which trade unions work to change too. The Bill will make that change happen, and I commend it to the House.

John Bercow Portrait Mr Speaker
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I call the shadow Secretary of State for Business, Innovation and Skills, but not before we hear a point of order from Mr Jake Berry.

Jake Berry Portrait Jake Berry (Rossendale and Darwen) (Con)
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On a point of order, Mr Speaker. Before we proceed with this important debate, I wonder whether you will clarify the rules regarding Members declaring their interests. There have been many interventions by Members who have received significant donations from or are paid by trade unions. As the debate proceeds, people who are watching our proceedings will want to know the reason why people are taking part.

John Bercow Portrait Mr Speaker
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There should be no requirement for clarification because the hon. Gentleman is an experienced denizen of this House. He will know that there is an opportunity to declare in the register any relevant interests, and that it is the responsibility of each Member to declare in the way that he or she thinks is necessary for the House to be informed.

I call the shadow Secretary of State, Angela Eagle.

John Bercow Portrait Mr Speaker
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Order. The hon. Gentleman must calm himself. I feel sure that this will be a separate point of order, as no further point of order is required. On that assumption, I will hear the hon. Gentleman.

Clive Efford Portrait Clive Efford
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On a point of order, Mr Speaker. Since reference has been made to the funding of political parties, should Government Members who have a shareholding in a hedge fund or a company that has supplied resources to the Conservative party also make a declaration?

John Bercow Portrait Mr Speaker
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I fear that an undesirable trend has been started by the hon. Gentleman, no doubt with great innocence of public purpose, but we will not persist further. I stand by what I have said: the opportunity exists to make a declaration in the register, and Members must declare as they think appropriate, if and when they come to speak in the Chamber. There is nothing new about that; it is well established. I call Angela Eagle.

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Lisa Cameron Portrait Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)
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It is important for me to speak in this debate, having been a Unite the union representative for 14 years in health. Trade unions are key social partners that play an important role in our society through effective democracy and by helping to ensure good employment practices, which directly promote economic competitiveness and social justice in wider society. Despite what some Members assert, the daily business of unions is not taken up with organising industrial action. They represent their members in many ways, ensuring healthy and safe workplaces, delivering learning opportunities and bargaining collectively to ensure that pay keeps pace with the cost of living, the benefits of which are also experienced by non-union members.

The Scottish Trades Union Congress reports that international evidence clearly indicates that where unions are able to negotiate collectively with employers, wages are fairer and, as a direct consequence, societies are more equal. Days lost to industrial action are down by 84% in Scotland since the Scottish National party came to power, lower than anywhere else in the UK. That has been built upon over time through true partnership and conciliation. However, the right to withdraw labour as a last resort is a fundamental human right and a hallmark of any free and democratic society. It is safeguarded by a wide range of international treaties, including the European social charter and the European convention on human rights.

There are profound concerns that the right to strike is being put at risk, as the new restrictions will make it so difficult to undertake efficient industrial action that it is, in effect, being legislated out of existence. The Bill would introduce a 50% turnout threshold in all industrial action ballots. In addition, for important public services it would also impose a requirement that 40% of the entire membership must vote in favour, which amounts to 80% of those voting on a 50% turnout. Under those measures, nearly half of all strikes since 1997 would now be illegal.

The Bill proposes restrictions on picketing activities, even though, as highlighted by civil rights groups, pickets are already more regulated than any other kind of protest. The certification officer will be given powers to investigate unions and access membership lists, even if no one has complained about the union’s activities. The SNP recognises that nobody wants strikes, but the way to avoid them is not to provoke confrontation—

John Bercow Portrait Mr Speaker
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Order. We are grateful to the hon. Lady. I call Melanie Onn.

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Kate Osamor Portrait Kate Osamor
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I totally agree with my hon. Friend.

The Bill’s higher ballot threshold for essential services will disproportionately affect women, as they are much more likely to be employed in those sectors. Research by the TUC suggests that nearly three quarters—73%—of the trade union members working in important public services are women. Do the Government not understand that reducing the rights of those women at work will only increase the gender pay gap and worsen discrimination in the workplace?

This is a regressive Bill that threatens to undermine basic civil rights and reverse progress in achieving workplace equality. I urge Members on both sides of the House who do not want to see that progress reversed to vote against the Bill.

John Bercow Portrait Mr Speaker
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Now that, after a short flight, the exotic bird has returned to its nest, I call Mr Boris Johnson.

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John Bercow Portrait Mr Speaker
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Order. The hon. Gentleman has the floor.

Boris Johnson Portrait Boris Johnson
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Only 24% of London bus drivers decided to vote in the dispute in 2014, yet there were two one-day strikes. The 2014 strikes over ticket office closures were triggered by a ballot that attracted only 40% interest and in which only 30% of the relevant workforce voted yes.

To those who say that we politicians have no cause to set thresholds, let me remind you that in America, the land of the free, 39 states have banned strikes by mass transit workers.

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Daniel Zeichner Portrait Daniel Zeichner (Cambridge) (Lab)
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I draw attention to my entry in the Register of Members’ Financial Interests and my membership of Unite.

Like many Members, I have had conversations with thousands—[Interruption.]

John Bercow Portrait Mr Speaker
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Order. The hon. Gentleman has the right to be heard by both sides. He must and will be heard.

Daniel Zeichner Portrait Daniel Zeichner
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Like many Members—although I am not sure about the previous speaker—I have had thousands of conversations with constituents over the past year, including, in my city of Cambridge, at 30 or 40 hustings during the general election, and to my recollection not once were the issues addressed in the Bill raised, not even by my opponents, including those who tried to paint my employment by Unison for a dozen years as something of which I should be ashamed. Well, I am not. I saw thousands of people working in hospitals and town halls up and down the country giving up their time and often their careers to help their colleagues through the inevitable disputes that arise in workplaces. I am talking not about political disputes, but the day-to-day stuff that happens everywhere. Yes, sometimes they had facility time to do it, because pay-gradings, pensions, disciplinaries, the lot, take time to prepare for—that is why human resources allocates time to such matters. These people should be celebrated and praised, not denigrated.

I shall say a word about the provisions on political funds. In my job at Unison, I dealt with the political fund. Reading the Bill, I have a strong sense that those drafting it do not understand how the system works, and I urge Government Members to think through the unintended consequences. Thanks to previous Conservative legislation, unions have been forced to maintain political funds to carry out their mainstream functions. Unison’s predecessor union, the National and Local Government Officers’ Association, famously had to do that to campaign on behalf of its members just for public services—core union business. Yet the Bill muddles maintaining the political fund with links to the Labour party, and in attacking the latter muddies the waters still further.

The Bill will only add greater uncertainty to what can and cannot be done and, in my view, is likely to lead to greater politicisation, not less. I am not bothered about that, but Government Members might come to regret such a false move. They should also think hard about tearing up the long-held convention that we change the basis of financial support for political parties by agreement. The long battle involving Hayden Phillips is all too familiar to many of us, but Labour, as my hon. Friend the Member for Wallasey (Ms Eagle) said, would not impose a solution without agreement. The Government are now doing exactly that, legislating to party advantage, meaning that the next Government will feel they have the right to do the same. The country deserves better than such tit-for-tat playground politics. This is a mean-spirited Bill. The Conservative party won the election and took the spoils, but with this Bill it reveals its weakness, not its strength.