Trade Union Bill

Debate between Baroness Donaghy and Lord Collins of Highbury

Thursday 25th February 2016 Lords Chamber

[Baroness Donaghy]

My Lords, it is getting to the stage where I have forgotten what a lot of these amendments are about.

[Lord Collins of Highbury]

I thought you were going to say that you have lost the will to live.

[Baroness Donaghy]

I have also lost the will to live. However, Amendment 109 intends to delete the following:

“Where an enforcement order has been made, a person who is a member of the union and was a member at the time it was made is entitled to enforce obedience to the order as if the order had been made on an application by that person”.

Amendments 110 to 117 are technical in nature and again are consistent with my theory that the role of the Certification Officer should remain simple and that the investigatory powers should be confined to that officer, not spread far and wide. The amendments are all entirely consistent with my view that the Government are going down the wrong track in trying to change this position, which the noble Lord, Lord Stoneham—I might call him my noble friend in view of our common trade union background—has commented on.

It is important to remember that the post originated as a protection for the union member against the union structure, if you like. I know that add-ons have been made over the years, but the role remains essentially the same. Because of its limitations and the way the Certification Officer has carried out his role, it has become a trusted position. The Government have accepted that they are trying to change the nature of the role, saying that it is about modernisation. I think that we shall just have to agree to disagree. We need to take into consideration that any attempt to change the nature of the role by reference to “imperfect relationships” between unions and employers seems to add a meaning that I had not been aware of, which is why I was so worried about the impact assessment. These are probing and technical amendments, but they are consistent with all that we have been saying. I beg to move.

Trade Union Bill

Debate between Baroness Donaghy and Lord Collins of Highbury

Wednesday 10th February 2016 Lords Chamber

[Baroness Donaghy]

My Lords, I will make a couple of brief points. There is an irony in this debate, because most of the time in opposition we are asking for things to be in the Bill, and it is the Government who say, “Oh no, there is a very good reason why it should not be in the Bill, it can come in a regulation”—or, dare I say it, in a code of practice. So I am aware of that dilemma. The first thing that I want to say after that is that I do not think that anybody here is going to say that violence and intimidation are acceptable, whether on a picket line or elsewhere in pursuit of a certain point of view. But I will say that up to now the code of practice has been adequate. I do not agree with the point made by the noble Lord, Lord Callanan, that just because a few people might disregard it, the tail should be allowed to wag the dog and that somehow or other things need to be tightened up because there is a very small minority determined in some cases to cause that confrontation and take on the establishment.

My final point might seem trivial, but I do not think that it has been raised since my noble friend Lady Gould of Potternewton raised it at Second Reading. It is about the feminisation of the workforce. To a large extent, the trade union movement has not caught up with that as much as I would have liked, but we are now talking about a workforce, particularly in the public services, the majority of whom are women and people from ethnic minorities. As often as not, when you see pictures of pickets in the newspapers, the vast majority of them are women. I think that they have a slightly different understanding of employment relations; they might feel passionately about a particular dispute, but I would like to see one instance where women on a picket line have caused these difficulties. So I urge a bit of caution and that in any attempt to tighten up or change the code of practice into a law we should have regard to the fact that the industrial relations scene is very different from how it was 35 years or so ago, which some noble Lords were talking about.

[Lord Collins of Highbury]

My Lords, we have had a very effective discussion on these clauses—effective because we are challenging why we need a particular proposal. The noble Lord, Lord Cormack, hit the nail on the head. These things often require careful consideration. My fear is that we have not had careful consideration; what we have had is a response to particular headlines and newspaper stories. As my noble friend Lord Monks said, where there are failings it is often because the law has not been properly applied or has not been dealt with. Many noble Lords are acutely aware that we should not rush to statute or invent new laws to address a problem that could be properly resolved under existing laws.

As we have heard, picketing is heavily regulated; unions must comply with statutory requirements for peaceful picketing. Section 220 of the Trade Union and Labour Relations (Consolidation) Act 1992 requires that they must act in accordance with the code. It is not a choice or an option—it is not voluntary but a requirement. As my noble friend Lord Monks said, “What is the problem?”

As other noble Lords indicated, and as the noble Lord, Lord Oates, said, it is clear from the impact assessment that the real target is the so-called leverage campaigns that we have seen. Yet these provisions and clauses are targeted at picketing itself, particularly after the wider consultation proposals were dropped. The problem that I have is that the impact assessment refers to allegations of intimidatory behaviour “not limited to picketing”. That is the key phrase: “not limited to”. The impact assessment and evidence that the Government are using for these proposals relate to matters that are not about picketing.

They are, of course, about actions that are already covered in law. The impact assessment refers to unsubstantiated allegations in the media and, of course, to the Bruce Carr review, which focused on leverage. But we must not forget that unions and their members are subject to laws on public order, such as protection from harassment and criminal damage. They are all existing laws. It is also a criminal offence for pickets to use violence or to intimidate individuals and their families. Hence the police go on the picket line, and they soon return if there is any problem, and action is taken. So why do we have these additional requirements?

We have heard that we should have a voluntary code—well, it is not voluntary; it must be complied with—on the face of the Bill. As my noble friend said, we want clarity in the Bill, but this is not going to add to clarity. Potentially, again, it is going to increase the involvement of the legal profession, and it might lead to challenges that are unintended. I shall come to the details of that in the Bill. I am disappointed that the noble Lord, Lord Pannick, is not in his place, because he wrote a very good article in the Times specifically highlighting these clauses. It is about coming back to this House with proper evidence about why this is required and why existing statutory provisions are not enough.

The clause will introduce significant additional restrictions on the ability of unions to organise peaceful pickets at or near a place of work. If the Bill becomes law, picketing will be lawful only if unions appoint a picket supervisor and notify the police of their name and contact details. The supervisors will be required to carry a letter of approval, which must be shown; they will be required to wear armbands and badges to identify them. As we have heard, on Report in the Commons the Government introduced amendments that removed the requirement on picket supervisors to show the letter of approval on demand to the police or any member of the public.

Ministers also clarified that it was not the Government’s intention that the letter of approval should include the name or contact details of the picket supervisor. The Government went further and announced that they did not plan to go ahead with additional restrictions, including the requirement on unions to publish protest plans 14 days in advance and to detail whether they proposed to use social media. They also decided not to require all pickets to wear armbands, and will not introduce additional criminal offences. While those developments are incredibly welcome, Clause 9 still violates the basic democratic rights of working people.

In our opinion, it is unreasonable for the state to require picket supervisors to undertake the requirements about understanding the full code. It is our opinion that a lot of these requirements are disproportionate and are also discriminatory measures, as they apply only to unions. As we have heard, the proposals have been roundly criticised by lawyers and civil liberties groups—and, of course, the Equality and Human Rights Commission has suggested that Clause 9, even as amended, may be in breach of Articles 11 and 14 of the European Convention on Human Rights.

My noble friend has also picked up the point that Clause 9 may substantially change the role of the police in relation to pickets and the union’s requirement to report the name of the supervisor. This becomes an issue where we have responsible action, with the union ensuring that peaceful protest and legitimate process to explain the reasons, and suddenly responsible people hear that their name has to be reported to the police and that the police will hold their name. They will ask what that means. We hear the Government talk about data protection, and say that this will happen and that will happen. A lot of responsible people will say that they are not sure. They will ask whether they should carry out this task in this proper way if it will result in these things being reported to the police. It increases the potential for responsible picketing not taking place. We will have to look into that seriously.

In the evidence session in the House of Commons, the National Police Chiefs’ Council has indicated that the new duties for unions to notify the police of the picket supervisor and the location of the picket would be unnecessary and could waste police resources. Deputy Chief Constable Charles Hall said:

“I do not see that as absolutely necessary, simply because we would expect those picket lines to be self-policing as far as possible. Involvement of police beyond that should be the exception, rather than the rule”.––[Official Report, Commons, Trade Union Public Bill Committee, 15/10/15; col. 93.]

Again, this was a point that my noble friend Lord Monks made: namely, that you are ensuring increased intervention and that resources are wasted. Police are there to ensure that the existing law is properly maintained. I know that the police would not hesitate to go in there.

We have put down a series of amendments, particularly in relation to those reporting requirements. They are matters that need careful consideration. Putting these requirements in the Bill again increases the propensity for legal challenge. If the letter of the law is not met, we will end up with lawyers intervening, legal challenges and the unions devoting resources to deal with that, instead of matters being properly resolved in the way that they are now.

I come back to the point: what is the problem that we are seeking to address? If it is about compliance with the law, let us ensure that we address that properly. If people are breaking the law they should suffer the consequences. We should not simply go back to the statute book and introduce laws that are not necessary and could potentially hinder good conduct, because good people will be put off doing a responsible job.