Trade Union Bill

Stephen Doughty Excerpts

Monday 14th September 2015 Commons Chamber

[William Wragg (Hazel Grove) (Con)]

I rise perhaps in the same spirit as my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) in that what I have to say may put me out of favour on both sides of the House. I rise as a seemingly rare thing—a Conservative who is a member of a trade union, in my case the teaching union ATL, the Association of Teachers and Lecturers. My reticence stems perhaps from the fact that many would not see the two sitting comfortably together. However, I see no contradiction in being both a Conservative and a member of a trade union. Indeed, although we get little credit for it, it was the Conservative party that first legislated to fully legalise trade unions under Benjamin Disraeli.

I want first to express a general opinion on trade unions before moving on to deal with two particular aspects of the Bill about which I have reservations. A trade union should be, I believe, a body that concerns itself with the rights and welfare of its members. It should be an organisation that strives to improve the working lives of people. It should always seek to work in partnership with employers, engaging in constructive dialogue and discussion. What a trade union should not be is a deliberately destructive force, seeking to hold back the economy of the country and unduly inconvenience, or—worse still—endanger other members of society. The ultimate power of calling a strike should always be the last resort, following exhaustive efforts to seek the resolution of disputes. Let me be clear: the withdrawal of labour is a fundamental right, but it is a right that must be tempered with responsibility.

The Bill contains a number of sensible measures: for example, the expiry of the mandate to strike four months after the date of the ballot, and the prevention of the unacceptable scenario of union bosses using ballots, sometimes years old, to call strikes when the issues at hand, and crucially the opinions of workers, might since have shifted. Also the two-week notice period for employers is welcome, so that proper planning can take place. Furthermore, I support the Government’s view that the political contributions of union members should constitute an act of free will, which is not the case under the current arrangements.

My first reservation about the Bill—and I am grateful for the Minister’s consideration of it—concerns “facility time”, which clause 12(8) defines as paid time in which union representatives can undertake unions duties and activities. I am concerned about the fact that “facility time” conflates trade union “duties” and trade union “activities”. It should be clear that such time should not be used for political activities such as the organisation of strikes and political lobbying, but should meet the genuine need for union representatives to be involved in important HR issues between individual union members and employers.

I suggest to the Minister that seeking to reduce “facility time” by publicising it, which does not take account of its exact nature, poses a risk that genuine HR matters may be unfairly neglected. I think that the Bill should clarify the position by making a subtle but important distinction between the sub-types of facility time, which should be carried through to the point of publication that the Bill stipulates. Such a clarification would surely be in line with the spirit of a measure that is, after all, designed to promote transparency and public scrutiny of “facility time”.

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

Does the hon. Gentleman believe that the same argument should apply to the Bill’s provisions on health and safety regulations?

[William Wragg]

I consider health and safety to be a union duty rather than a union activity, so I agree with that.

Surely transparency can only be enhanced by the introduction of an additional layer of detail, rather than the conflation which I fear could arise from the Bill’s current wording.

My second concern relates to the possibility of the use of agency workers to cover striking workers. I agree with every word that was said about it by my hon. Friend the Member for Elmet and Rothwell (Alec Shelbrooke), and I urge the Government not to go down that path.

Having raised those issues that concern me, I should add that I am minded to support the Bill, because I believe that we have a Minister who listens and can consider fairly arguments that are put to him in the House. I look forward to further discussions with him.

Let me end by saying that, while the events of the weekend may have revealed the Labour party’s desire to step back into the 1970s and 1980s, thus making themselves a political irrelevance, we Conservatives must show ourselves to be beyond that. We must show ourselves to be reasonable, responsible and, above all, relevant to the needs of the country. Yes, that means reform of the trade unions; but we must be careful not to be seen to erode fundamental rights and liberties of workers who are the foundation of our economy. We must look at measures objectively, and not risk fighting the battles of the past.

--- Later in debate ---

[Grahame M. Morris]

There is a contradiction in the Government’s position. E-balloting is accepted for the first stages of the election for the Conservative party mayoral candidate—it is secure enough for that—and for secure workplace balloting on recognition agreements, which is enshrined in legislation, but e-balloting is not accepted in the Bill.

[Stephen Doughty]

Is my hon. Friend aware that e-balloting is also used for the Royal National Institute of Blind People, the Institute of Chartered Accountants, the National Trust, the Magistrates Association, the Countryside Alliance and the Royal College of Surgeons?

[Grahame M. Morris]

Absolutely. I am grateful to my hon. Friend for his intervention. A plethora of organisations —[Interruption.]

--- Later in debate ---

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

I draw the attention of the House to my declaration of interests, which includes membership of the GMB and Unite trade unions. For 15 years, I was an official with Unite, which gives me much more experience than some Conservative Members in dealing with industrial relations. That included dealing with some of the best managements in the country, such as at Vauxhall in Ellesmere Port. Twice I worked with local management to save that plant by winning new models for the workers to build—something at which they are excelling now. That was achieved by consent and on a partnership basis. I saw no evidence from any management I worked with of a desire within British industry to bring in such legislation.

Some of the proposals in the Bill are so bizarre that I cannot help but wonder if they were put in just so that they could be removed at a later point in the Bill’s passage to give a false impression of just how reasonable the Government are. Other hon. Members have mentioned the armbands provision and the provision on tweeting during industrial action. If I as a member of a trade union and a Member of Parliament tweet in support of an industrial dispute, would I face prosecution?

[Stephen Doughty]

My hon. Friend might be guilty of wildcat tweeting—[Laughter.]

[Christian Matheson]

That would be a terrible crime, and I would not wish to be accused of such a grave offence.

The Bill would be bad for the economy, because trade unions—yes, working with management—help to spread the wealth that the country creates. The richest countries are not the ones with the 1% wealthiest elite, but the ones with the highest average wages. The country with the highest average wages will win every time, but that runs contrary to Conservative philosophy.

I remember Prime Minister’s questions just before the summer recess when the Prime Minister criticised tube drivers in London because they were well paid and did not need to go on strike. Well, they are well paid because they are members of a trade union.

The Bill is about power. It is about removing power from any form of organised opposition to the Conservatives’ dominance. They know that individual people are stronger when they stand together and therefore opposition to the Conservatives will be weakened by removing that collectivism, as my hon. Friend the Member for Torfaen (Nick Thomas-Symonds) explained so eloquently. The Government realise this. In typically cynical and dishonest fashion, they cloak the Bill in the claim of protecting the public when in fact it does the opposite: it makes families and ordinary people much more insecure by taking away one of the few avenues of protection they have in their economic and working lives.

There is a sinister and dangerous authoritarianism to the Government’s actions. Attacking the funding of the Labour party, as the Bill clearly and deliberately does, breaks many long-standing political conventions. It is part of a pattern that other hon. Members have identified: the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 taking away the ability of charities and unions to campaign in a general election, but not big businesses and newspapers; allowing local communities to decide on whether to have fracking in their local communities, but then, if they decide against it, the Government driving it through anyway; and the Human Rights Act 1998, which so many Conservative Members want to abolish, despite it being one of the few pieces of legislation that protects the rights of individuals against the state.

We live in a pluralistic democracy at present, but that pluralism and democracy will be eroded yet again in a manner that is sinister and troubling. Trade unions are an essential part of any democratic civil society and that is presumably why this unpleasant, authoritarian Government are attacking them tonight.

--- Later in debate ---

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

May I declare my current membership of the GMB and draw the attention of the House to my declaration in the Register of Members’ Financial Interests. I, like so many Members on this side of the House, have nothing to hide about my relationship with, and support for, trade unions. Whether it is campaigning locally to defend community services in the steel industry, nationally to defend shop workers facing violence and to stand up for the rights of poorly paid musicians, or globally to fight for a Robin Hood tax and efforts to tackle global poverty, I have been proud to stand alongside trade unionists as a trade unionist for my whole political career.

This has been an extraordinary debate on an extraordinary Bill. What has been most extraordinary among the numerous speeches by Government Whips’ cronies, tying themselves in contortions trying to explain their workers, credentials, while supporting the Bill, not to mention a mare of a speech by the hon. Member for Uxbridge and South Ruislip (Boris Johnson), has been the ream of Government Members lining up to oppose significant sections of the Bill and urge their Government to think again.

The hon. Member for Elmet and Rothwell (Alec Shelbrooke) urged a rethink on agency workers. The right hon. Member for Haltemprice and Howden (Mr Davis), who had already told us that parts of the Bill were reminiscent of Franco, rightly spoke about the serious restrictions on freedom of association and the risk of judicial review. The hon. Member for Hazel Grove (William Wragg), in an excellent speech, said that he had concerns about the provisions on agency workers and facility time. He told us clearly that we must not erode fundamental rights and liberties. The hon. Member for Bedford (Richard Fuller), in another excellent speech, raised concerns over the new notice periods, the role of the certification officer, which is set to expand massively, and the risk of inadvertent criminalisation.

The hon. Member for Stafford (Jeremy Lefroy), in yet another excellent speech, told us: “I cannot see what the problem is with check-off”.

He also pointed out that he cannot see the problem with electronic voting. He criticised the civil liberties aspects of the Bill and argued for a sensible, consensual and, if I may say so, Churchillian approach to political funding, which the Conservative party—at least, those on the Treasury Bench—seems to have abandoned.

We heard many excellent speeches from Opposition Members. My hon. Friend the Member for Dewsbury (Paula Sherriff) said that this was a Bill not of high principle, but of low politics. There was an excellent speech by my hon. Friend the Member for York Central (Rachael Maskell) about the role of trade unions in standing up for the rights of ordinary workers. My hon. Friend the Member for Lancaster and Fleetwood (Cat Smith) described the attack on basic civil liberties. My hon. Friend the Member for Ilford North (Wes Streeting) spoke powerfully about the attacks on London’s workers under the Mayor. My hon. Friend the Member for Great Grimsby (Melanie Onn) talked about her role working with trade unions.

There were excellent speeches by my hon. Friends the Members for Sheffield, Brightside and Hillsborough (Harry Harpham), for Edmonton (Kate Osamor), for Cambridge (Daniel Zeichner) and for Bootle (Peter Dowd). My hon. Friend the Member for Blaydon (Mr Anderson) suggested a good new title for the Bill. My hon. Friend the Member for Swansea West (Geraint Davies) gave an excellent speech and my hon. Friend the Member for Heywood and Middleton (Liz McInnes) spoke from her extensive experience as a workplace representative in the NHS about the importance of facility time.

We had excellent speeches from my hon. Friends the Members for Ellesmere Port and Neston (Justin Madders) and for Norwich South (Clive Lewis), and my hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) spoke—as did other Members—about the Bill’s potential contravention of International Labour Organisation conventions and of European and international law. My hon. Friend and neighbour the Member for Cardiff Central (Jo Stevens) put it in a nutshell when she described the Bill as “illegal, illiberal and illiterate”, and my right hon. Friend the Member for Rother Valley (Kevin Barron) spoke about the importance of the principle of the right to strike.

My hon. Friend the Member for Easington (Grahame M. Morris) spoke powerfully about the importance of ensuring the possibility of e-balloting and secure workplace balloting, and I will return to that point. My hon. Friend the Member for Wirral West (Margaret Greenwood) spoke about her work and of the excellent work she has seen by Unite at the Vauxhall plant in her constituency. She also spoke powerfully about facility time. My hon. Friend the Member for Birmingham, Erdington (Jack Dromey) gave an excellent speech from his extraordinary wealth of experience and judgment on these matters. He painted a different approach to the one taken by some Conservative Members by describing trade unions as a force for good and for liberty in this country.

My hon. Friend the Member for Leeds East (Richard Burgon)—with an excellent intervention by my hon. Friend the Member for Gateshead (Ian Mearns)—mentioned the absurdity of the social media provisions proposed in the Government consultation, and my hon. Friend the Member for Salford and Eccles (Rebecca Long Bailey) spoke with powerful arguments about the role that trade unions play in driving productivity in our economy, and the role of good pay in doing that. My hon. Friend the Member for Torfaen (Nick Thomas-Symonds) gave an historical tour de force about the opt-in and industrial relations, and he spoke about the powerful issues around picketing and the complete impracticality of a number of provisions suggested by the Government.

My hon. Friend the Member for Stoke-on-Trent North (Ruth Smeeth) spoke powerfully about the role of organisations such as HOPE not hate, which I have seen active in my constituency doing incredible work on electoral registration and tackling extremism. She said how that will be put at risk by provisions in the Bill, and my hon. Friend the Member for City of Chester (Christian Matheson) also exposed many of those absurdities. There were many excellent speeches by Scottish National party Members, including an excellent speech by the hon. Member for East Renfrewshire (Kirsten Oswald), who spoke about the role of communication in industrial relations and finding constructive solutions. My hon. Friend the Member for Middlesbrough (Andy McDonald) called out the funding provisions in the Bill for what they are.

My hon. Friend the Member for Hartlepool (Mr Wright), Chair of the Business, Innovation and Skills Committee, said that Disraeli would be turning in his grave, and Conservative Members would do well to look at their own provisions—even their great Margaret Thatcher did not go this far, and they should think carefully about what they are saying. My hon. Friend the Member for Blyth Valley (Mr Campbell) made it clear that the Bill attacks what is, in his experience, the importance of working together to achieve agreement, which lies at the heart of good industrial relations. My hon. Friend the Member for Wansbeck (Ian Lavery) spoke of how the Bill could increase the threat of blacklisting, and he described the levies as a trade union tax and a potential breach of numerous legal conventions. My hon. Friend the Member for Stockton North (Alex Cunningham) spoke of his powerful personal experiences of being involved in strikes against injustice and the effect on his own family.

I am glad that we have the support of the hon. Member for Glasgow South West (Chris Stephens) because he spoke powerfully about how this Government claim that they seek to deregulate in every area except, it appears, the trade union movement, which they seem content to tie up in “blue tape”.

Many of us in the Chamber are, at times, prone to hyperbole and exaggeration, but this is not such an occasion. I have no hesitation in describing the Bill as one of the greatest threats to the activities of trade unions and ordinary working people up and down this country, and one of the greatest threats to hard-won and fundamental civil liberties in a generation. The Bill breaches long-established rights to strike, protest and take industrial action. It introduces pernicious measures and the potential for wide-ranging further restrictions and powers in secondary legislation that, as many hon. Members pointed out, we have yet to see.

The provisions on social media are simply absurd. Why on earth would we want the police to spend time establishing whether trade union members have said things two or three weeks in advance of action? The police have to spend enough time tackling extremists and criminals who are using social media. Importantly—I am a Welsh MP—we have heard that the Bill breaches the devolution settlement with far-reaching consequences for relationships and public policy in wholly devolved areas such as health and education, whether in Wales or Scotland, let alone at the level of local authorities in England or London. The Bill potentially puts the Government in breach of international conventions and European law. It breaches established conventions on the funding of political parties and political campaigning.

[Geraint Davies]

Does my hon. Friend agree that as the Bill is a fundamental attack on democracy, human rights and trade unions, it will boost Labour party membership by thousands more as people protest against this evil Bill?

[Stephen Doughty]

My hon. Friend makes an important point and he echoes thousands of people who have expressed their opposition to the Bill today and in the past few weeks.

My noble Friends in the other place may be interested to note that the Bill breaches a Conservative manifesto commitment to make provisions regarding only essential public services. “Essential” is the word used in International Labour Organisation conventions, and it has a very narrow definition. Instead, the Bill talks about “important” public services and draws its provisions so wide that as yet unseen powers could apply to nearly every area of publicly funded activity. The House should not take my word for it or the word of those who have spoken today. Let us listen to the independent Regulatory Policy Committee, which described the Bill as not fit for purpose; to Amnesty, Liberty and the British Institute of Human Rights, which described it as a major attack on civil liberties; and to the Chartered Institute for Personnel and Development, which said:

“We need to see more consultation and…engagement with, the workforce, rather than the introduction of mechanisms that reflect the industrial relations challenges of the 1980s.”

We should listen to recruiters who are fearful that their agency staff will be used as strike-breaking labour. The Recruitment Employment Federation said that it is “not convinced” by the Bill.

The Bill stands alone as a divisive and offensive piece of legislation, but when viewed alongside the Government’s wider agenda of scrapping the Human Rights Act, introducing fees denying women the chance to sue for equal pay, slashing legal aid, attempting to limit freedom of information and judicial review powers, disfranchising millions through ill-thought-out changes to electoral registration and the Act that has gagged charities and civil society organisations, it is deeply sinister and it should sound the alarm bell from town to town and city to city across this nation of hard-won liberties in the year we celebrate the anniversary of Magna Carta.

I return to the point made by my right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson). What problem does the Bill seek to solve? This is not a Bill designed to increase democracy, transparency or the legitimacy of industrial action or political funding. It is nothing more than a naked partisan attempt to prevent scrutiny of the Government and their agenda. Not since the 1970s have we seen such wide-ranging attempts to change industrial relations law, but today we see barely a hundredth of the level of industrial action of those days. The Bill seeks to solve a problem that simply does not exist. Instead, it seeks to drive a false wedge between Government, industry, employees and the public by restricting rights and, at worst, criminalising people making their views known about their pensions, pay, health and safety and many other issues.

If the Government are serious about democracy and increasing participation, why are they introducing so many barriers and restrictions while denying trade unions a debate about electronic balloting and secure workplace balloting? If the Government intend to proceed with the Bill, they must bring forward amendments to it. At the very least, if they are serious about improving democracy, they could introduce a statutory instrument on the powers in the 2004 Act.

The Minister without Portfolio, the right hon. Member for Harlow (Robert Halfon), said:

“When we bash the trade unions, the effect is not just to demonise militancy, but every trade union member, including doctors, nurses and teachers.”

Today, the Financial Times said:

“Britain does not have a problem with strikes”,

and that the Bill is

“out of proportion”

and contains

“alarming proposals”

that

“threaten basic rights.”

Will the Government listen to their Ministers, their Back Benchers, the voices of civil society, the Financial Times and so many others who have spoken out against the Bill? We will oppose the Bill every step of the way and we urge all those who care about our democracy and civil liberties to join us.