Trade Union Bill
Debate between Lord Brown of Eaton-under-Heywood and Lord Morris of Handsworth
Lord Brown of Eaton-under-Heywood (CB)
My Lords, I, too, support this group of amendments; indeed, the arguments in favour seem compelling. It is a modest enough proposal and its safeguards are implicit in the very nature of the report which is canvassed. Personally, I support the turnout requirement in Clauses 2 and 3, but I cannot resist pointing to the bizarre consequences that could, at least theoretically, result from the new provision.
To take the illustration used in the Explanatory Notes to the Bill of a bargaining unit of 1,000 union members, if 499 vote in favour of industrial action and none against, a strike would be unlawful. If, however, 499 vote in favour and one against, then, because at least 50% of those eligible will have voted, a strike is permitted. So, too, of course, if 499 vote in favour of industrial action and 498 against. Doubtless, such anomalous possibilities as these are inevitable in any scheme, which, as here, has a combination of a turnout requirement but then a decision on the basis of a simple majority. However, it surely underlines—and this is my point—the imperative of ensuring that the best possible way is sought of achieving a maximum turnout of those eligible to vote. These amendments surely allow for that better way.
Lord Morris of Handsworth (Lab)
My Lords, I, too, support the amendment moved by the noble Lord, Lord Kerslake. I ask myself: why? I will make a plea for a travelling section of workers who are sometimes never seen because they are on unsocial hours and shifts—transport drivers, in particular. Not so long ago, a transport driver would work a five-day week. At the weekend, he—and it was more likely to be a he—would go along to the branch meeting in a local pub and cast a vote. Those arrangements no longer exist because of domestic and other demands on the time of the driver, who might be away throughout the week.
Very often the press, and indeed the general public and some politicians, cast real doubts on balloting arrangements. They reckon that they are unconstitutional, not fair and subject to a host of practices which are not democratic. I am pleased about this amendment because, at last, a methodology of engagement and participation can be found. It can be trusted and realised. Democracy at work in today’s world is important; Amendment 1 brings about its achievement.
The flexibility offered by the amendment will improve that democracy and public confidence in trade unionism. I am sure that it will find support among the large majority of employers, because when the press reports any malfunction of a process in a particular workplace, it is about not just the trade unions or the individual but the name and reputation of that enterprise. This amendment would therefore, in my judgment, bring about support and authority for all the parties concerned.
For those reasons, and because I believe that democracy can be found in and out of the workplace, I hope that Amendment 1 will carry support in this Chamber.