Trade Union Bill

Debate between Lord Dykes and Baroness Burt of Solihull

Tuesday 19th April 2016 Lords Chamber

[Baroness Burt of Solihull (LD)]

My Lords, I welcome the words of the noble Lord, Lord Bridges. Like the noble Lord, Lord Kerslake, my speech is redundant, which is really good news, and I fully associate myself with his remarks.

The Government should not have brought this provision forward at all and I fear that it reflects the tribal nature of the historical relationship between the two main parties. Such tribalism is not edifying or appropriate today where we see the best relationships between employers and trade unions in partnerships that promote productivity, prosperity and peace. So I would like to say well done to the noble Baroness, Lady Neville-Rolfe; it cannot have been easy to achieve what she has pulled off.

[Lord Dykes (Non-Afl)]

My Lords, I add my comments in support of what has been said. I had a feeling that the noble Baroness, Lady Neville-Rolfe, the noble Lord, Lord Bridges of Headley, and the other Ministers associated with this Bill would be in listening mode, bearing in mind the contents of the debates hitherto.

My shock and dismay at the original text of this Bill was enormous and I think that was shared by people in all parts of the House. The Bill did not look properly constructed nor did it utilise non-extreme ideology to deal with any modernisation necessities for trade unions—some of which one doubts. In January I received a very interesting briefing from the FDA, an association of professional managers and others, which is not in any way known for extremism. In relation to the reference of the noble Lord, Lord Balfe, to trade union members dreaming about causing industrial action as they go to work in the morning, the FDA says:

“Much of the portrayed justification for change relates to an utterly refutable assumption that trade unions call for industrial action on a regular basis and without cause. FDA members only embark on industrial action as a last resort. As a union with an almost 100 year history we have held national industrial action only once, yet it is a fundamental right for all working people to have the option to take industrial action and we strongly oppose moves to deny workers this right”.

In a way the same rights intrinsically belong to check-off and I sincerely ask Ministers to be in listening mode for other parts of this Bill, so that it can be improved if they insist on it carrying on—people have quite rightly indicated that there is probably no need for this Bill but since the Government are perhaps psychologically committed to seeing it progress I ask that they do that. In the mean time, my sense of shock has diminished. I did not write a speech over the weekend because I thought there might be some progress and I warmly thank the Ministers for their reaction today.

Trade Union Bill

Debate between Lord Dykes and Baroness Burt of Solihull

Wednesday 10th February 2016 Lords Chamber

[Lord Dykes (Non-Afl)]

My Lords, the other Liberal Democrat spokesman wants to come in, so I will be brief. I did not realise that she was going to stand at that moment. I apologise.

I very much support and endorse the wise words of the noble Lord, Lord Collins, in his cluster of amendments, and the equally sagacious contribution from the noble Lord, Lord Oates, on these matters. Clause 4 is one of the areas where even the most objective supporter of the need for modernisation of procedures between trades unions and employers would say that there appears to be a dark intent behind them. It would cause unnecessary difficulties for unions in the normal pursuance of their functioning, including when trade disputes arise, allowing an unfair advantage to be built in on the employers’ side. Yet, while a large number of employers remain silent, the ones who have been consulted express grave reservations about this Bill.

I always like to assume good intentions on the part of any Government, so I assume that this Bill has been drafted by the normal team of parliamentary draftsmen on behalf of the Government and therefore within an objective capsule of content. But the tone and content are repeatedly suggestive of outside agencies, including maybe the IoD—I apologise in advance if I am getting that wrong and being unfair—and more likely the Institute of Economic Affairs and, even more sinister, the Centre for Policy Studies, giving their suggestions and ideas about these matters. A modest number of rather right-wing oriented business leaders in this country—most business leaders are not right wing, left wing or whatever, just sensible and pragmatic—who are more myopic about the subtleties of modern industrial relations and the good balance between employers and unions have also had their contributions registered and put into the machine and been redrafted by professional draftsmen.

In moral and practical terms, a Government elected by 24% of the electorate in the last general election should not be allowed to put such provocative ideas into Clause 4 and other clauses that we will debate after this. I hope that the Minister will once again think very carefully about the implications of pressing ahead with a poorly drafted, provocative and narrow-minded text, which will surely cause severe problems in industrial relations if it is allowed to pass. If it goes back to the other place I hope that they will also have second thoughts and that this will be carefully considered, not least by Members on the government side. I keep my promise now and allow the Lib Dem spokesman to speak.

[Baroness Burt of Solihull (LD)]

I am grateful. My Lords, I do not want to detain the House because there is a lot to get through, but I want to make a very brief general point on Clauses 4 and 5. I am sure that every noble Lord would agree that we want legislation that will work. Our concern is that it should not tie either side up in legal knots on the information that they have to include on the ballot paper, or on the way trade unions communicate the result of the ballot.

Our concern is that the specificity of the requirements may lead to some kind of legal challenge by the employer or others, as my noble friend Lord Oates said. Surely we should have in legislation what any reasonable trade union member would expect to be told and what a reasonable trade union would expect to tell its members. That is why my Amendments 29 to 31 would enable the concept of “reasonable belief” to enter the equation, instead of specific legal questions, the contravention of which might result in a challenge. We also support Labour’s Amendment 32, which would inject that tone of reasonableness into the whole process of reporting the result of a ballot to union members.