Trade Union Bill

Wes Streeting Excerpts

Ping Pong: House of Commons
Wednesday 27th April 2016 Commons Chamber

[Nick Boles]

With the greatest respect, I would point out to the hon. Gentleman that that is an internal election within an independent organisation. We are talking here about statutory elections, which are important because the public has a deep interest in their result and it is quite right that we should hold them to a higher standard than we do others.

[Wes Streeting (Ilford North) (Lab)]

The Minister sounds almost guilty of double standards on this issue. He says that he has accepted the majority of the Lords amendments, but he has neglected to adopt any of those components that require substantial action by the Government. What possible objection could he have to piloting an e-balloting scheme? I think he realises that he just does not have a reasonable argument against it.

[Nick Boles]

If Opposition Members will just give me a minute, they will be able to hear my argument. Then they can decide whether they think it is reasonable or not.

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[Nick Boles]

Thank you, Madam Deputy Speaker. I thought that for your sake I should clarify that.

The hon. Gentleman asks a very reasonable question, but I hope he understands that until we have applied the transparency clause, we do not know the current level of spending across the broader public sector, so we cannot judge which organisations are spending in excess.

[Wes Streeting]

rose—

[Nick Boles]

No, I will finish. We know that when we introduced a similar provision in the civil service, we found that some organisations were acting perfectly responsibly and others were allowing an abuse of the system, hence we introduced a cap in the civil service. That has saved the taxpayer money and has not in any way undermined the proper fulfilment of responsibilities by trade union representatives. I shall now make some progress—

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[Nick Boles]

I do not accept that it will be expensive. Although there are no data because the transparency clauses have not yet been applied, I point the hon. Gentleman to estimates that the public sector as a whole spends on average 0.14% of its total pay bill on facility time, the civil service spends 0.07%—half of that—and the private sector spends 0.04%. I can promise him that if he multiplies the pay bill of the public sector by that percentage, he will arrive at a very large figure indeed, and a great deal more than the cost of implementing these clauses.

[Wes Streeting]

rose—

[Nick Boles]

I have been generous and I will be generous again, but I shall try to make some progress.

As I indicated, the amendment provides that the cap may be disapplied for as long as necessary and to the extent necessary for individual employers. This would enable a temporary lifting of the cap for one or more specific employers, and we propose to use it in circumstances where the employer and Ministers consider it necessary. We envisage that should a particular employer experience a need for more facility time, perhaps during a period of change or following a particular incident, Ministers can allow this so that facility time can be increased to respond to the circumstance. The reserve power that this amendment would deliver is considerably improved from the version that was deleted in the other place, and I urge the House to support it. I commend the amendments to the House.

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[Chris Stephens]

Thank you, Madam Deputy Speaker. It is a pleasure to follow the hon. Member for North Durham (Mr Jones). I agree with many of the points he made.

SNP Members have always opposed the Government’s proposals on trade union political funds for the simple reason that it should be up to trade union members to decide where their money goes. It is up to them to decide whether they should support one political party or another, or whether they should sponsor individual candidates, as has happened in some cases, rather than work for a particular political party.

I emphasise the point that this is an attack not just on the Labour party but on the ability of a trade union to organise effectively across a community. Political funds have done great community work, health and safety campaigning, and anti-racism campaigning, sponsoring organisations such as Hope not Hate and Show Racism the Red Card. There is also charity work and international work—trade unions do fantastic work across the world.

It will come as no great surprise to any trade unionist that the change on check-off is not a major one. Unison has said that it has 11,000 different agreements where it contributes to the cost of check-off. We welcome the Government’s U-turn on that.

I have participated in proceedings at every stage of the Bill’s progress. I will say a few words about that. If the voices of those with experience of a trade unionised workplace and those with a trade union background had been listened to and heeded, we would not be where we are now. There perhaps would not even have been a Trade Union Bill. Many Opposition Members have pointed out on a regular basis how unnecessary and unwanted this legislation is.

[Wes Streeting]

I am grateful for the opportunity to speak in this debate. I declare an interest as a member of Unison and of the Community trade union, and I refer to my entry in the Register of Members’ Financial Interests. I should also say that although I am a member of those unions, I have very good employers in the people of Ilford North and do not anticipate going on strike any time soon.

The Government’s concessions are welcome, but it is something of an irony that it has fallen to the unelected House to defend some of the most democratic elements of trade unions and their commitment to democratic life in the country. For some reason, this Government, who were elected with a slender majority of just 12, seem to think that that majority gives them carte blanche to trample all over the democratic traditions, values and heritage of our country.

It is not just the brazen attack on party political funding, and the Labour party in particular, that the Government have embarked upon with this Bill. Look at their record in the short time that they have governed as a single party. They have sought to rig the House of Commons, pack the House of Lords, gag charities and civil society, and restrict trade unions. This Sunday, new restrictions kick in on any publicly funded body, restrictions that have the potential to gag all sorts of people, including academics. It is a complete dog’s breakfast of a proposal. We will see what the higher education Bill says later this year; the Government will undoubtedly try to have another go at student unions, like they did in the 1990s.

I have been listening to the Minister this afternoon, and in particular, to what he said about the previous group of Government measures, which unfortunately passed, underlining why the Bill should still be opposed. There can be no decent evidence-based argument against trialling electronic balloting for trade union industrial actions and proposals to strike. The Minister himself could not offer a single shred of evidence to argue against a simple trial.

The Bill has really been about delegitimising trade unions. Whenever people go on strike and take industrial action the Government want to be able to say that a hard rump of activists have prompted it. But even the measures in the Bill would not have stopped the junior doctors or London transport workers going on strike. The turnout in both cases exceeded the threshold in the Bill. If the Government are serious about trade unions having broader and greater democratic legitimacy, they should unshackle the hands of trade union leaders and activists, so that they can do what they want to do and have asked to do, namely enter the 21st century by having electronic balloting.

We also had the farce about facility time. That goes to the heart of the Government’s fundamental misunderstanding of the role of trade unions. Full-time reps and staff who are let off part time for facility time play a valuable role in good industrial relations. They take up cases on behalf of their members, and ensure that they are well represented and supported. They advise employers on how to improve the workplace environment. Where there are good industrial relations, with trade unions and employers working together, the likelihood of a strike is lessened, and the workplace environment is better for everyone.

[Chris Stephens]

Is another key role for trade unions that of welfare, and giving workers assistance and help that they might not know about?

[Wes Streeting]

I wholeheartedly agree. The hon. Gentleman speaks with great experience from his own background in the trade union movement, and good employers value that working relationship with trade unions. When I speak to trade union members—whether in my local authority where I am an elected member of the London Borough of Redbridge, or representatives in other workplaces—they tell me that they do not have excessive facility time; often they do not have enough. They struggle to cope with caseloads, particularly when there are major changes to employment involving terms and conditions or staff numbers. That generates a huge burden and workload, and I do not think that the Government appreciate or value that.

[Mr Kevan Jones]

Does my hon. Friend agree that it is only thanks to trade unions campaigning and funding legal action that millions of people have received rightful compensation for industrial injuries such as mesothelioma, or that there is the miners compensation scheme that was pioneered by the trade union movement? Without that, millions of people in this country who suffered through no fault of their own—apart from going to work—would not have received rightful compensation.

[Wes Streeting]

I wholeheartedly agree, and if we are honest, too often trade unions have to speak up for people who would otherwise not have a voice. Often, because of the failures of this place and different Governments over the years, trade unions have had to exercise pressure on behalf of their members, and exercise that muscle to ensure that Governments act to protect those who have been done a terrible injustice.

[Jo Stevens]

I speak as a former trade union lawyer who dealt with the legal cases that my hon. Friend referred to, and as an employer who benefited from having a unionised workplace to resolve issues and disagreements, and to get changes through companies. Without union representation in the workplace, that would have been much more difficult. Does my hon. Friend agree that we can see things from both sides?

[Wes Streeting]

I agree with my hon. Friend. I have sat on the employer side of the table when working with trade unions more than I have sat on the side of employees, even though I have been a member of a trade union for as long as I have been in full-time work. Employers often value that relationship with trade unions. It is not an adversarial relationship—well, sometimes it can be, and the breakdown of industrial relations, particularly when strike action occurs, is a sign of failure. When people choose to strike they lose their pay, so they do not do it lightly. Many families struggle to balance their budgets at the end of the month, with too much month and not enough money left, so losing a couple of days’ pay is often a real hardship. They do not take such action lightly, and that is not understood enough when we speak in glib terms in this place about trade union industrial action.

I listened to what the Minister said about concessions that have been made, and how no changes will be made to facility time for a few years until we have done all the counting and assessment, but how long will that take, and how much money and civil service time will it cost? Bizarrely, the Government will waste time counting trade union facility time for employers up and down the country, but they will not count the number of children in poverty. That tells us all we need to know about this Government’s wrong-headed priorities, and about the timewasting involved in introducing this Bill in the first place. I congratulate Members of the House of Lords—where the Government do not have a majority—on the way that they have torn this Bill apart and exposed it to forensic scrutiny, and we heard expertise from across the political spectrum.

[Kevin Brennan]

The Bill also received forensic scrutiny in the House of Commons, but we could not win any votes.

[Wes Streeting]

My hon. Friend has pre-empted me. I was about to congratulate not just my Front-Bench colleagues on their diligent work, but also my colleagues on the Bill Committee. I followed some of the sessions and read the evidence, and there was forensic scrutiny. The Government’s arguments did not stack up, and many of us have come to this Chamber time and again to get them to rethink.