Trade Union Bill

Stephen Doughty Excerpts

Tuesday 10th November 2015 Commons Chamber

[Kevin Brennan]

My hon. Friend is right, and for some reason, that does not seem to matter to Ministers—

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

rose—

[Kevin Brennan]

I had not quite finished the sentence, but I will give way to my parliamentary neighbour.

[Stephen Doughty]

I thank my hon. Friend who is doing an excellent job as shadow Minister. He will know that I am transmogrified in my position, but it is a delight to be here speaking on this Bill again. Is not the greatest irony the fact that one of the architects of this Bill, the Minister for the Cabinet Office and Paymaster General, stands up at the Dispatch Box at Cabinet Office questions extolling the virtues of the Government Digital Service and the digitalisation of online services in lots of highly secure and complex matters? That same Minister is one of the architects of this Bill, which does not allow e-balloting.

[Kevin Brennan]

One is not allowed to use the word “hypocrisy” in this House, so “irony” was the correct word for my hon. Friend to use.

As I was saying, none of this seems to matter to Ministers. Our new clauses also require unions to use postal ballots alongside electronic and workplace voting, where necessary, to ensure that everyone has a chance to vote and that members who may be absent from work due to sick leave or maternity, paternity or adoption leave will be able to vote. None of that matters to Ministers either. Our new clause allows unions to provide members with a choice of voting methods, including postal and electronic voting, and employers would be under a duty to ensure that union members can vote free from interference or constraints. The use of faster and more efficient balloting methods could also assist in the earlier resolution of disputes as ballots and subsequent negotiations would take place more quickly. But you’ve guessed it—none of this matters to Ministers.

I am sure that this Minister is going to trot out his line that he is not against e-balloting in principle, but that the Speaker’s Commission provided evidence of concerns about safety. However, the Open Rights Group’s evidence was based on comparison between general election voting in polling stations and online voting; it made no comment on the safety and security of wider forms of online voting. In any case, the commission’s report concluded that e-balloting should be available for all electors by 2020. The Minister could easily have allowed for the option for regulations to be laid within this legislation, which would permit e-balloting to commence when any concerns he had were satisfied.

There is no genuine reason whatever why trade unions should be the only organisations in the UK that are required by legislation to use postal-only ballots for elections and ballots. If the Government were genuinely concerned about levels of electronically based elections in the private sector, they would legislate for all bodies to be required to use postal-only ballots. They will not, because they are not genuinely concerned. Thousands of private sector, voluntary and political organisations use electronic voting every year. Electoral Reform Services alone manage over 2,000 secure online ballots annually, and a recent report concluded that online voting is no less secure than postal balloting. In any case, union elections and ballots are more tightly regulated than voting systems used by other organisations, meaning even less chance of a problem.

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[Kevin Brennan]

I think that I would be equally guilty of arrogance were I to assume the role of devolved Ministers in the Welsh Government. However, the letter from the First Minister clearly indicated that a legislative consent motion was under consideration.

[Stephen Doughty]

The Minister for Public Services, Leighton Andrews, made it clear in his oral evidence to the Select Committee that he, too, was considering the matter. He also said today that the Bill, unamended, was

“an all-out assault on the devolution settlement”.

[Kevin Brennan]

I am always slightly nervous when I give way to my hon. Friend, because his expertise on all these matters is so thorough. He is absolutely right.

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[Ian Lavery]

If that is the figure, so be it, but in every case industrial action would have been taken through the legal process and as a last resort by individuals who need to take strike action to make their voice heard. We have the most restrictive anti-trade union legislation in the western world, and to take a day’s action or any other type of action, workers have to go through all the hoops set out in legislation.

[Stephen Doughty]

My hon. Friend is making an excellent speech. The hon. and learned Member for South East Cambridgeshire (Lucy Frazer) commented on statistics and days and hours lost. My hon. Friend will recall from Committee that the hours lost in the provision of transport in London were for reasons other than industrial action. The overwhelming majority of time lost is due to breakdowns, signal failure, overcrowding, leaves on the line and so on. Industrial action has accounted for barely 2% or 3% in most of the past 10 years. Is that not the fact that we are dealing with today?

--- Later in debate ---

[Kevin Brennan]

Whom shall I choose from the Labour Benches? I shall choose my neighbour first.

[Stephen Doughty]

There is also the absurdity that there are many other similar arrangements in place for charitable giving, cycle-to-work schemes or childcare schemes. It seems extraordinarily discriminatory to be acting in this way with regard to these voluntary arrangements for trade union subscriptions.

[Kevin Brennan]

My hon. Friend is absolutely right, and gives further power to the point that I am making and the point that the hon. Member for Stafford is trying to make by virtue of his amendment.

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[Jeremy Lefroy]

Yes, and they do. As I mentioned in an intervention on the hon. Member for Cardiff West (Kevin Brennan), some councils make a surplus from it that goes towards their services.

As has been pointed out, clause 14 singles out union subscriptions. There is no prohibition on other deductions for which there might not be compensation to the employer, such as deductions for season tickets, which have been mentioned, or professional fees. Even on my payslip as a Member of Parliament, the top deduction every month is £2 for the Members fund. There will be no prohibition on that deduction, unless the Members fund is a national union of Members of Parliament, which I do not think it is.

Other people have made the case much more eloquently than I have, so I will not detain the House any longer on this point.

[Stephen Doughty]

The hon. Gentleman makes a convincing and measured case, and I have looked closely at the wording of his amendment and think it very reasonable. Given what he has just said, if the Government are unwilling to accept this reasoned amendment, does he think that we should test the view of the House on it this evening?

[Jeremy Lefroy]

I will wait to hear what the Minister says. He is an extremely reasonable person and there are other ways in which such things can happen. I encourage the Government to accept the amendment because I do not want to see this clause unamended in an Act of Parliament signed by Her Majesty.

Let me quote someone I greatly admire:

“In most parts of the world the suggestion that someone might be both conservative and liberal would be viewed as absurd…In the UK there is no finer tradition, no more established custom and no stronger institution than that of freedom under the law…That’s why in Anglo-Saxon countries conservatism is freedom’s doughtiest defender and why the advance of freedom gives conservatism its moral purpose.”

Those are the words of the Minister, my hon. Friend the Member for Grantham and Stamford (Nick Boles), and I entirely agree with him.