Trade Union Bill (Discussions)

John Bercow Excerpts

Thursday 28th April 2016 Commons Chamber

[Nick Boles]

I can confirm that, as the hon. Gentleman said, earlier this week I held a meeting, at my request, with Lord Burns in which I discussed with him an amendment to the Bill that we had put down and were intending to move. That amendment would still have applied the compulsory opt-in to existing members of trade unions but would have built a longer period of transition for trade unions to implement it and would also have changed the arrangements on the requirement for renewal of their opt-in to align it with the political fund ballots that need to take place every 10 years.

I had hoped that Lord Burns would feel, if not enthusiastic about that compromise, at least able to indicate that he would not actively oppose it when the Bill went back to the upper House in the next stage of ping-pong. Lord Burns, who is a man for whom I have huge admiration and a great deal of liking, was very clear to me that that was not an acceptable compromise and that not only would he not support it, but he would actively propose the reinstatement of his amendment, which excluded existing members.

Lord Burns made it very clear that his judgment was not so much a political one—it was certainly not particularly inspired by questions about the balance of party funding. It was simply based on his experience in the financial services industry, where he said it was very unfair to ask people to sign up to new things when they have already expressed an opinion on that very same question by a means that was previously legal. He said that that applied in this case; he thought that it was wrong and he could not support it. We then reflected on Lord Burns’s position and tabled the amendments that we passed last night.

As for the comments made by the hon. Member for Cardiff West (Kevin Brennan) about the rest of the Bill, I want to be very clear with him and other Labour Members: this Bill is going to dramatically improve the state of employment relations and the state of industrial action. At the moment, a trade union, including various education trade unions, can hold a strike three years after a ballot has been passed with a turnout of less than 20% of their members and close more than 1,000 colleges. That is currently legal. When the Bill—which will pass through this House with the support of my hon. Friend the Member for Harwich and North Essex (Mr Jenkin); I anticipate that the noble Lords will pass it next week—receives Royal Assent, it will no longer be possible to inflict on hard-working parents the closure of a school in the middle of the week on the basis of a tiny turnout secured several years ago. That is why I am proud of this Bill and why my hon. Friend can be proud of it: we have secured our manifesto commitments for all working people.

[Mr Speaker]

The Minister, regrettably, has been diverted from the path of procedural virtue as a result of the cheeky inquiries of the Opposition Front Bencher. We cannot now have a Third Reading of the Trade Union Bill. We must focus narrowly instead on the matter of the urgent question, which I know will be done faithfully by Dr Liam Fox.

[Dr Liam Fox (North Somerset) (Con)]

Given this change to the Trade Union Bill, and following on from our abandonment of our manifesto commitments on immigration by not renegotiating free movement, will my hon. Friend tell us which of our election commitments we will not now abandon in trying to seek a remain vote?

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[Nick Boles]

The right hon. Lady is far too kind to me. I did not want to listen at all. I am afraid I simply acknowledged that, faced by an array of forces—it is not just led by Lord Burns, but includes most of the Cross Benchers, all the Liberal Democrats, all the members of Labour party and very influential Conservative peers, such as Lord Forsyth, Lord Deben, Lord Balfe and Lord Cormack—neophytes in this game like me perhaps need to concede defeat.

[Mr Speaker]

It is true that the noble Lord Cormack is a very special “parli-a-mentarian”.

[Mr Robin Walker (Worcester) (Con)]

As the grandson of a trade union shop steward who went on to become a Conservative activist and whose son made it to the other place, I can say to the Minister that he has had correspondence on this issue from Government Members raising the concerns of their constituents who also happen to be trade unionists. May I thank him for listening in relation to that correspondence and paying attention to it? It is a profoundly Conservative principle not just to get through the business in our manifesto, but to engage with the other place to improve it.

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[Paul Flynn (Newport West) (Lab)]

The hon. Member for Harwich and North Essex (Mr Jenkin) who asked this urgent question speaks passionately on behalf of his own union, which is the general and municipal union of Brexit bigots. [Hon. Members: “Order!”] It is extraordinary that he asked for the adviser on ministerial interests to be woken from his slumber—that adviser has been virtually unemployed since he was appointed, after the previous holder of the office, Sir Philip Mawer, resigned because he believed that he should have been called in to investigate the conduct of the right hon. Member for North Somerset (Dr Fox), who gained absolution through resignation. As Chair of the Public Administration and Constitutional Affairs Committee, why on earth is the hon. Member for Harwich and North Essex not demanding an inquiry into the two Ministers who gave £3 million to Kids Company in the face of advice from civil servants, three days before it collapsed? It is because the office of the adviser has been degraded and politicised. [Interruption.]

[Mr Speaker]

Order. Calm down. Calm. The benefit of yoga, even for Ministers, should not be underestimated. Let me intercede briefly because there were calls of “Order” when the hon. Gentleman used a word about Members on the Government Back Benches. I did not intervene because I judge that to be a matter of taste. There is no imputation of dishonour and—I mean this in no unkind spirit—the hon. Member for Harwich and North Essex (Mr Jenkin), and other likeminded souls, are perfectly capable of looking after themselves. Their honour has not been impugned in any way, and that is why I did not intervene. The remark stands, and the Minister must reply.

[Nick Boles]

There are no bigots on the Government side of the House, least of all my hon. Friend the Member for Harwich and North Essex (Mr Jenkin), or any hon. Friend who disagrees with me on this subject. The hon. Member for Newport West (Paul Flynn) does himself no credit by hurling that kind of playschool abuse across the Chamber. He is a disgrace, the comment was a disgrace, and he should withdraw it.

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[Mr Speaker]

Order. The Minister is entitled to his view, but I hope the House will not take offence if I say that I will judge whether a remark needs to be withdrawn. With great force and eloquence the Minister has offered his view, and I respect him for that, but we will leave it there.

[Paul Flynn]

But he hasn’t answered the question.

[Mr Speaker]

If I were to intervene on grounds of order every time a question is not answered, nothing else would ever happen in the Chamber.

[Christian Matheson (City of Chester) (Lab)]

I confess to a sense of bemusement at this urgent question, which seems to be little more than a contrived confluence of the pet prejudices of right-wing Tories, namely trade unions and the European Union. That said, I restate my absolute opposition to this Bill. Will the Minister confirm that trade unions remain a part of civil society and have an absolute right to make representations to the Government on behalf of their members, irrespective of what right-wing Conservative Back Benchers might wish?

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[Nick Boles]

The hon. Gentleman is correct.

[Mr Speaker]

I am extremely grateful to the Minister and all colleagues.

[Mr Jenkin]

On a point of order, Mr Speaker.

[Mr Speaker]

Points of order really come after statements. The hon. Gentleman has had a good run, and he should be patient. I am sure his point of order can be heard later, if it is sufficiently important to warrant either his staying in the Chamber or his returning to it.