Trade Union Bill

Andy McDonald Excerpts

Tuesday 10th November 2015 Commons Chamber

[Chris Stephens]

May I move on and make some progress? I apologise, and I will take further interventions later.

New clause 2 would modernise the law promoting democracy and inclusion—the word “modernisation” keeps getting used by the Conservatives in support of the Bill. Currently, all ballots and elections must be conducted on a fully postal basis. Unlike major companies and other membership organisations—including political parties—trade union members are not allowed to vote online. The Government have consistently described the Bill as an attempt to “modernise” trade unions, but to date they have not allowed trade unions to modernise into the 21st century by using electronic and workplace balloting.

The Government argue that the introduction of thresholds for strike action balloting would boost democracy, but that only stifles the possibility of workers’ voices being heard. If the Government were committed to boosting workplace democracy, they would allow secure workplace balloting and balloting by electronic means, as our amendment suggests.

Online balloting is more accessible and inclusive. Today, most people use electronic devices every day to make transactions and to communicate. We in the SNP use online ballots, and as we have heard, so did the Conservatives in the election of their mayoral candidate. Ballot papers are usually sent to members’ home addresses, which can lead to lower turnouts, especially when junk mail is flying through people’s doors on a regular basis and things can easily get dumped in the bin. Modern methods of voting are more efficient and help negotiations to move faster. Using only postal ballots could prolong the length of a dispute because they simply take longer.

According to the latest Ofcom figures, 83% of people now have access to broadband and 66% of households own a smartphone. Those figures are likely to be higher among those of working age, and they are set to rise rapidly. The 2014 Electoral Commission survey involved 1,205 adults aged over 18, and found that 42% of respondents felt that online voting would increase their confidence by “a lot” or “a little” in the way that elections are run.

[Andy McDonald (Middlesbrough) (Lab)]

Does the hon. Gentleman agree that in the run-up to Christmas, people will be engaging electronically by purchasing goods and materials across the piece? I do not hear Conservative Members saying that there is something fundamentally wrong with that process, or saying, “We’re not going to have you doing that.” Is this not ridiculous? It is just a ruse to say, “We don’t want people to engage with trade unions.” That is what it is about.

[Chris Stephens]

I agree entirely with the hon. Gentleman. Perhaps it is because Conservative Members fear the inevitable visit of three ghosts on Christmas eve.

--- Later in debate ---

[Mr Djanogly]

I am not here to accuse anyone. If the hon. Lady thinks that the 1984 legislation was introduced because there were no instances of intimidation at that time, we need to go back to the history books. I do not intend to do that today. I am not saying that postal ballots will always be free from intimidation, particularly if several members of the same family work in the same place. I appreciate that new clause 7 requires that votes at the workplace are private and free from unfairness, but the question is how far does that go? Does it cover only the voting room or the factory premises? What about beyond the factory gates and the pickets? I am concerned that this could be a retrograde step.

[Andy McDonald]

The hon. Gentleman talks about intimidation in the workplace. He is a lawyer. Let us have some evidence to back that up, rather than just putting it out there and casting aspersions. Get on and give us some evidence.

[Mr Djanogly]

As I said before, we are looking at the optimum way of voting. The Opposition’s new clause 9 provides for the possibility of a combination of voting methods to be used, but I note that the combination is to be selected by the union. Unless I have read it wrong —someone might want to put me right—this could imply that workplace-only ballots could, in effect, be reintroduced via the back door. Again, I would see that as a step backwards that should not be supported.

On electronic voting, it could be said that this is where society is heading, a point made very strongly by the hon. Member for Glasgow South West (Chris Stephens), and that union law should take the lead on something that will be generally adopted. I have not seen the most recent opinions of the Electoral Commission on e-voting, but I recall that it had serious concerns about its security a few years ago. Will the Minister please advise the House to what extent he has discussed this with the Electoral Commission, and whether he has reviewed the role of the certification officer with that of the Electoral Commission in the conduct of ballots? In that regard, if in the future we wished to move towards electronic voting generally, could this be effective for unions under existing legislation, such as the provisions in section 54 of the Employment Relations Act 2004? In other words, are the e-voting amendments required at all?

If only because of the technological changes, this has been a useful debate. However, I am not yet convinced, in terms of security, that the proposals are the correct way to go at the current time.

--- Later in debate ---

[Ian Lavery]

This individual, who runs a private health organisation the length and breadth of the UK, was asked if she had read the Bill. She said, “Not really.” She was then asked, “Have you read most of the Bill?” “Not really.” “Do you understand what facility time is?” “Not really. What is facility time?” She did not even understand life and limb cover, which is integral to trade union law, whereby if there is a problem that is a life and limb issue, trade union representatives will break off industrial action to ensure that people are safe. And, let me say, she was the best witness we had.

[Andy McDonald]

Does my hon. Friend agree that the existence of facility time is beneficial to the good running of any public authority or business, and that eroding it will cause immense difficulties in terms of productivity if union representation cannot be provided for union members in the workplace?

[Ian Lavery]

Absolutely. Many, many papers have been presented by professors, doctors and other experts with regard to facility time. There have been many battles on industrial relations problems over many, many years—decades and decades—resulting in a decent industrial relations policy that allows for facility time. Facility time could involve, for example, discussions on health and safety, avoidance of industrial disputes or avoidance of the progression of court cases. It is not about people sitting in an office on the telephone organising disputes—quite the opposite; it is about trying to avoid these disputes.