Trade Union Bill

John Bercow Excerpts

Tuesday 10th November 2015 Commons Chamber

[Ian Lavery]

On a point of order, Mr Speaker. I want to place it on the record that I am a member of Unite the union and the National Union of Mineworkers.

[Mr Speaker]

We are extremely grateful to the hon. Gentleman. It falls to each Member to declare his or her interests as they see fit. We are deeply obliged to him.

[Jeremy Lefroy]

I rise to speak to amendment 5, which appears in my name and those of my hon. Friends the Members for Stevenage (Stephen McPartland) and for Totnes (Dr Wollaston) and my right hon. Friend the Member for Haltemprice and Howden (Mr Davis). I do so with a heavy heart, because clause 14, to which the amendment relates, is entitled, “Prohibition on deduction of union subscriptions from wages in public sector”. As a Conservative, I am not greatly in favour of prohibition in many instances and I certainly am not in this instance. The clause was not in the Bill on Second Reading so we did not debate it and I am disappointed that it has been brought forward. Because it has been brought forward, I will speak to my amendment.

When we introduce a prohibition, we must ask what the penalties will be. If a union and an employer decide that this kind of arrangement is so important and so difficult to unwind that they will continue using it, what will happen to them? Will the police be involved? Will the employer and the union be fined? If there is a prohibition, there must be some way of enforcing it. There is no sensible way of enforcing this kind of prohibition on what is a relatively sensible arrangement between an employer and a union.

Let us be clear that we are talking about an agreement between an employer and a union, not something that is imposed on either of them. It is a partnership. In my view, it is generally a positive one as it enables people to work together. Surely that is what all of us are here to encourage. Nobody is required to have such an arrangement.

If my amendment were accepted by the Government at some point, it would require the cost to be reimbursed, as it is in many arrangements up and down the country, including in my county of Staffordshire, where there is a perfectly good arrangement between Unison and Staffordshire County Council.

--- Later in debate ---

[Mr Djanogly]

rose—

[Mr Speaker]

Order. Before I call the hon. Gentleman, I would say to him that I wish to call the Minister at, or close, to 5.50 pm, so he has three or, at most, four minutes.

[Mr Djanogly]

Thank you for squeezing me in, Mr Speaker.

Given the Opposition’s comments at various stages of the Bill, I am surprised that only the SNP—in new clause 4—has suggested amendment of the role of certification officer. As a shadow BIS Minister some years ago, I visited the certification officer, and everything I saw there shouted that it was a weak, toothless regulator crying out for reform. I wholly support the Government’s attempts to do so.

As for new clause 4, I do not support the idea that the certification officer should have to have expertise in trade union law, although obviously some members of his staff will need to be experts, as much as others will need general legal or accounting skills. It is also somewhat ironic to hear that specific legal qualifications should be required when we know that the last Labour Government specifically excluded unions from regulation under the Legal Services Act 2007. The requirement in new clause 4 for a certification officer for Scotland may fulfil the SNP’s political mandate, but it would be unhelpful for Scottish and other British businesses which want to see a single regulator dealing with unions equally.

Given the wide political and practical debates involved in the unions’ political funds, it is surprising that it has been left to the hon. Member for Clacton (Mr Carswell) to initiate a debate on this important issue through amendment 1. To set up a political fund, trade unions must first ballot their members to adopt political objects as a union objective. Trade unions can then support political objects only with money from their political funds. The funds may also be spent on union objectives that are not political. The amendment is unnecessary because the Bill includes an opt-in provision.

On a connected issue, will the Minister confirm that I am right in thinking that failing to opt into the levy will not necessarily mean that a union member’s overall contribution will be reduced by the amount of the political contribution? If so, should we not consider doing that? Furthermore, given that statute dictates that companies require an annual vote on political donations, why should not the political levy be voted on annually by trade union members? Perhaps that could be addressed as the Bill makes progress.

[Mr Speaker]

To wind up the debate I call the Minister, Mr Nicholas Edward Coleridge Boles.

[Nick Boles]

Thank you, Mr Speaker. I rise to support Government amendments 2, 3 and 4, and to resist Opposition amendments and new clauses.

The Government recognise picketing as a lawful activity when it is conducted in a peaceful way. We believe that when some people exercise their right to freedom of expression, it should not impact on others’ right to disagree with that view. The main requirement set out in the Bill is a statutory duty for the union to supervise picketing, in particular by appointing a picket supervisor. The picket supervisor must either attend the picket line or be readily contactable by the union and the police, and be able to attend at short notice to ensure that picketing is lawful. As you may recall, Mr Speaker, none of the measures in clause 9 is new. They reflect key aspects of the picketing code, which has been in existence since 1992; most unions have been very happy to comply with it in almost all cases. We have had no suggestions for its amendment from the Opposition, including in their 13 years in government.

Government amendment 2 deals with the requirement in clause 9 for the union to issue a letter of authorisation. I have listened very carefully to the different views expressed on this requirement. It is clear that there has been some confusion about the purpose of the letter of authorisation, its content with regard to the picket supervisor, and the entitlement to be shown it. I would like to state for the record that there was never any intention of having the personal details of the picket supervisor set out in the letter of authorisation, but given that there continues to be uncertainty about how the requirement will work in practice, we are clarifying that the purpose of the letter is to record the union’s approval of a picket related to a particular dispute.

I took on board the concerns expressed about the entitlement to see the letter, and said that I would return to this matter on Report. I assure the House that I take matters relating to data protection very seriously, and do not want to create any room for misconceived entitlement or concern about misuse of personal information. That is why we are making it clear that the entitlement to see the letter of authorisation is restricted to the employer at whose workplace picketing is taking place, or the employer’s agent. To remove any scope for the misunderstanding that the picket supervisor is required to supply their name during picketing, we have removed the reference to the constable from the clause. The police will already have been informed of the picket supervisor’s contact details following the picket supervisor’s appointment.

We have built in important flexibility; for example, the requirement should be to show the letter as soon as is reasonably practicable, to enable the picket supervisor to be at another picket line related to the trade dispute. The measures also help the employer by allowing them to ask their human resources manager or solicitor to act on their behalf. I comment the amendment to the House.

On agency workers, I simply say that new clause 1 seeks to pre-empt the Government’s response to the consultation on agency workers. The Government consultation closed in September; we are analysing responses. We will publish a response in due course, and I resist any amendment that seeks to pre-empt it.

On political funding, the Conservative manifesto on which we stood for election in May said that a future Conservative Government would ensure that trade unions use a transparent opt-in process for union subscriptions. The public rightly expect us to deliver on these promises. It would be wrong, given our mandate, for us to engage in discussions behind closed doors and agree some kind of compromise that was then presented to the public and Parliament as a done deal. Many Opposition Members believe that this change will see political funding fall for certain political parties. That betrays an extraordinary lack of self-confidence in their ability to persuade union members of the merits of supporting their party. On that basis, I do not believe the amendment is necessary.

--- Later in debate ---

[Kevin Brennan]

I just wish to confirm that we wish to push amendment 6 to a vote.

[Mr Speaker]

I am exceptionally grateful to the hon. Gentleman, but I had rather anticipated that.

Question put, That the amendment be made.

--- Later in debate ---

[Tom Blenkinsop (Middlesbrough South and East Cleveland) (Lab)]

On a point of order, Mr Speaker. Have you had any indication of whether there will be a written or oral statement by any Minister, given the statement today from the chief executive of Tata Steel Europe reported in The Economic Times in India that the long products division within Tata will have no future within Tata beyond this financial year? This includes the beam mill at Redcar, Skinningrove special profiles in my constituency, and Scunthorpe long products site.

[Mr Speaker]

I am grateful to the hon. Gentleman for his point of order. The short answer is that I have had no such indication, but he has placed those serious matters on the record and I imagine that he will return to them when the House returns.

Third Reading