Trade Union Bill Debate

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Department: Department for Education

Trade Union Bill

Angela Eagle Excerpts
Monday 14th September 2015

(8 years, 7 months ago)

Commons Chamber
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Angela Eagle Portrait Ms Angela Eagle (Wallasey) (Lab)
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Third time lucky, Mr Speaker.

I thank the Secretary of State for his gracious welcome, and especially for the timing of today’s Second Reading debate on this Bill, which he has arranged for maximum convenience. I hope he will continue to be so accommodating as we go forward and I oppose him from the Dispatch Box.

Let me begin by drawing the attention of the House to my entries in the Register of Members’ Financial Interests which, in the interests of transparency, I declared earlier than was technically necessary. I was especially pleased to win the nominations of Unison, the Union of Construction, Allied Trades and Technicians, the Communication Workers Union, the Transport Salaried Staffs Association and the recommendation of Unite in the recent contest to be deputy leader of the Labour party—hon. Members can see where that got me. As the register shows, my campaign was supported by donations in cash and kind from some of the unions affiliated to the Labour party.

I also want to make a second declaration: I am a lifelong and proud trade unionist. I believe in social partnership at work, and that the right of trade unions to exist and represent their members at work is a key liberty in any democracy. I am dismayed that we have a Government who believe in attacking trade unions, rather than working with them in the spirit of social partnership to improve economic efficiency and productivity in our country.

Geraint Davies Portrait Geraint Davies (Swansea West) (Lab/Co-op)
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My hon. Friend will know that in recent years, the average trade unionist has been on strike for one day in 15 years. In sharp contrast, the export of goods last month was down to its lowest level since 2010. Does she agree that the focus should be on collaboration across industry and trade unions to raise productivity and wages, whereas the Bill will get people on the streets and force conflict?

Angela Eagle Portrait Ms Eagle
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I agree wholeheartedly with my hon. Friend’s analysis of the effect of the Bill, despite the pantomime that we have just had from the Secretary of State at the Dispatch Box.

Dawn Butler Portrait Dawn Butler
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May I declare that I am a proud trade unionist and was a full-time trade union official for more than 10 years? Does my hon. Friend agree that the Bill’s real agenda is to stop public sector workers speaking out against this Government’s attacks on their pay and conditions?

Angela Eagle Portrait Ms Eagle
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It is impossible not to agree with my hon. Friend, and it saddens me beyond words that we are here today dealing with the most significant sustained and partisan attack on 6 million trade union members and their workplace organisations that we have seen in this country in the past 30 years. With the number of days lost to strike action down 90% in the past 20 years, there is no need whatsoever to employ the law in this draconian way.

Jonathan Reynolds Portrait Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)
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I welcome my hon. Friend to her new position. She says, rightly, that the number of days lost to strikes in the UK is at its lowest for 20 years. It is even more significant than that: we lose fewer days to strike action in the UK today than we did during the second world war. There is no problem here that needs fixing.

Angela Eagle Portrait Ms Eagle
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Again, I agree wholeheartedly with the comments of my hon. Friend.

John Redwood Portrait John Redwood
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Does the hon. Lady have a message for people in London trying to get to work or students trying to get to schools or colleges on the tube? Does she think each one of those strikes was right and necessary, and what is her advice to the travelling public?

Angela Eagle Portrait Ms Eagle
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My message is that the Mayor should start doing his job and help to respond to the dispute.

There is no necessity to employ the law in this draconian way, especially when this country already has the most restrictive trade union laws in Europe. The Chartered Institute of Personnel and Development, the trade group for the human resources sector, has criticised the Bill as an “outdated response” to today’s challenges, commenting that the

“Government proposals seem to be targeting yesterday’s problem instead of addressing the reality of modern workplaces”.

Angus Brendan MacNeil Portrait Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
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Does the hon. Lady not find it amazing that 99% of the time the Conservatives go on about regulation and red tape in business and the workplace? What are they trying to do now but introduce regulation and red tape unseen in Germany, Norway or other major economies of Europe? This is just a symptom of low-pay Britain.

Angela Eagle Portrait Ms Eagle
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I shall come on to the smothering of trade union administration in what I will call “blue tape” later in my speech. I agree with the hon. Gentleman and I hope that he will join us in the Lobby tonight to vote against the Bill.

Rob Marris Portrait Rob Marris
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I agree with my hon. Friend that trade unions are central to democracy and that we already have some of the most restrictive trade union legislation in the world—and the Bill will make it worse. Does she agree that the Government’s proposals are a threat to the security of our country because they threaten democracy?

Angela Eagle Portrait Ms Eagle
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I will come on to aspects of that, but it is important that we do not discount the attacks on democracy contained in the Bill, including the sinister attack on freedoms that many of us have taken for granted, perhaps for too long.

Clive Lewis Portrait Clive Lewis (Norwich South) (Lab)
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I declare my interests: I am sponsored by trade unions—the cleanest money in British politics and far cleaner than on the other side of the House. Does my hon. Friend agree that on Sky News yesterday the right hon. Member for Haltemprice and Howden (Mr Davis) described elements of the Bill as like something out of Franco’s dictatorship?

Angela Eagle Portrait Ms Eagle
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Great minds obviously think alike, and I may well come back to that issue later in my speech.

Emily Thornberry Portrait Emily Thornberry (Islington South and Finsbury) (Lab)
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I declare an interest: I am a proud member of Unite the union and I have been since the miners’ strike. Does my hon. Friend agree that it is remarkable that 77% of the public believe that trade unions defend important aspects of workers’ rights and that we need them?

Angela Eagle Portrait Ms Eagle
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It is wise to remember that trade unions defend not only their own members. Over the years, trade unions have created a process that has given us holidays, weekends and reasonable working hours. It is right that the benefits that trade unions bring to our society are recognised and extended to those who are not members of trade unions but happen to be at work. Any attack on those rights that weakens those powers threatens the progress made over many years in democracy at work.

Rupa Huq Portrait Dr Rupa Huq (Ealing Central and Acton) (Lab)
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My hon. Friend mentioned the CIPD, and it is not only the usual suspects who oppose this Bill—there are some unlikely bedfellows because the Bill goes beyond party politics. As we have heard, the right hon. Member for Haltemprice and Howden (Mr Davis) called it redolent of Franco’s Spain. The Secretary of State pooh-poohed Vince Cable, the former Business Secretary, for calling it “vindictive”. A letter has been signed by 100 academics, mostly from business schools which are not usually seen as hotbeds of radicalism in our country. Will independent-minded Conservatives join us and our new leader in the Lobby tonight to oppose this draconian legislation?

Angela Eagle Portrait Ms Eagle
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I would like to live in a world in which the Tory party did not have this kind of blood lust against trade unions, but alas we are not there yet.

David Rutley Portrait David Rutley
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I congratulate the hon. Member for Wallasey (Ms Eagle) on her promotion. She works hard in the north-west.

It is interesting to note that the new shadow Chancellor has told trade unionists:

“We will support all demonstrations in Parliament or on the picket line”—

against the Bill—

“We will be with you at every stage. It is not often you have heard that from a Labour MP but you are hearing it now.”

Does the shadow Business Secretary agree with that?

Angela Eagle Portrait Ms Eagle
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I agree with the right to demonstrate. I thought we were living in a free country.

The Bill is draconian, vindictive and counterproductive. It is:

“very provocative, highly ideological and has no evidence base at all”.

Those are not my words; they are the words of Vince Cable, the right hon. Gentleman’s predecessor as Business Secretary in the previous Government. He has a very revealing insight into the mindset of the Conservative party, the people he was in coalition with for five years, which has concocted the Bill.

“When we were in government, the Tories were constantly pressing for more aggressive trade union legislation of the type we see…They see the trade unions and the Labour party as the enemy. The question then is how do you weaken them? That is their starting point.”

This is the prism through which we have to see the proposals before us today. Forget the blabber from the Secretary of State; this is the prism through which we have to judge these proposals.

Mike Kane Portrait Mike Kane (Wythenshawe and Sale East) (Lab)
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I, too, congratulate my hon. Friend on her elevation.

The Bill comes straight out of the right-wing playbook of the American Legislative Exchange Council. As Governor of Wisconsin, Scott Walker did exactly the same thing in 2011 and put industrial relations back in that state for a generation. Does my hon. Friend not agree?

Angela Eagle Portrait Ms Eagle
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More than that, I think the slightly shifty looks on the faces of many Government Members demonstrate that they know they have been found out. They have been rumbled.

It is abundantly clear that, whatever protestations we may have to the contrary, Vince Cable’s analysis explains what is really going on with this disgraceful piece of proposed legislation. Perhaps that is why so few people will defend it. Even Government Ministers will not defend it in public, as this tweet from “Murnaghan” revealed on Sunday:

“We asked the Government and the @Conservatives for an interview with any Minister/MP to defend the Trade Union Bill. No one was available.”

They do not want to be questioned about it. Like all authoritarians, they just want do it as quickly as possible and brook no dissent.

The right to be part of a trade union to campaign for protection at work is a fundamental socioeconomic right. It is enshrined in the UN’s universal declaration of human rights and the international covenant on civil and political rights.

Chris Philp Portrait Chris Philp
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Will the hon. Lady give way?

Angela Eagle Portrait Ms Eagle
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No. I have given way a lot of times and I am in the middle of the peroration.

Before I was so rudely interrupted, I was just about to say that the Bill rides roughshod over that right. It threatens the basic options that those at work have to safeguard their pay and conditions by standing together to win improvements. Liberty, Amnesty and the British Institute of Human Rights have all said that the Bill’s purpose is to

“undermine the rights of all working people”

and amounts to a

“major attack on civil liberties in the UK.”

That warning should not be dismissed lightly by the Conservative party. Workers’ rights to freedom of expression, freedom of assembly and freedom of association are all undermined by the Bill. For example, the requirement forcing workers to disclose media comments to the authorities a week in advance or face a fine and the requirement under clause 9 for picket supervisors to register with the police and wear identifying badges are a dangerous attack on basic liberties that would not be tolerated by the Conservative party if they were imposed on any other section of society.

Remember that it is now known that thousands of people in the building trade have had their livelihoods taken away and their lives ruined by illegal employer blacklisting, a scandal that this Government have failed either to pursue or remedy. The Bill has been criticised for being OTT, with parts of it resembling the dictatorship of General Franco. Those are not my words, either, but the words of that noted Marxist agitator, the Conservative right hon. Member for Haltemprice and Howden (Mr Davis).

That sinister intent needs to be added to other attempts by the Government to curb dissent in our country today. They have restricted access to justice by imposing fees to access the courts, which are causing the innocent to plead guilty. They want to scrap the Human Rights Act, which safeguards our basic freedoms. Their commitment to transparency in Government is in tatters with their plans to limit freedom of information powers. They have slashed legal aid and introduced employment tribunal fees, which deny women the chance to sue for equal pay or defend themselves against sexual harassment. They have limited the scope for judicial review and used their gagging law to bully charities into silence at the election, and now they are trying to silence the trade union voice through a tax on the existence of political funds, which finance general non-party political campaigning as well as the Labour party.

This is another gagging Bill, and those of us who care for the health of our democracy and civil society are united in opposing it. Clauses 2 and 3 are deliberately designed to undermine the bargaining power of trade unions by requiring minimum turnouts, thresholds and support before a strike ballot is valid. The new proposals demand a mandate for unions that breaks the democratic conventions of our society by counting votes not cast as essentially no votes.

More than half of the Cabinet would not have met that arbitrary threshold had it applied to their election to this House in May. Why do the Government have different standards for democracy and trade unions than anywhere else in our society? Clause 3 ensures that the 40% level of support restriction will apply to a much bigger list of sectors than the internationally recognised definition of “essential services” and, ominously, allows sectors to be added by secondary legislation that is as yet unpublished. From listening to the Secretary of State, it appears that the Government do not intend to publish it until the Bill is in the Lords.

If the Government are so worried about participation in ballots, why do they not allow e-balloting and secure workplace balloting, which are used routinely by many organisations? Clauses 4 to 6 might more usefully be described as the clauses that smother unions in “blue tape” and the hypocrisy of the Business Secretary in this respect is staggering. In July, he launched his drive to cut red tape, yet when it comes to unions he is increasing the powers of the certification officer and deliberately placing additional information and reporting burdens on unions. Not content with doing that, the Government, through clauses 12 and 13, are reducing the ability of trade union officials to do their jobs with the introduction of new powers to restrict facility time.

It is not hard to come to the conclusion that these proposals have been written to be as unworkable and difficult to comply with as possible. They also create many more opportunities for ballots to be challenged by employers for minor technical reasons. Again, it is clear that the increased risk of employer challenge is an integral part of the Government’s intentions.

David Anderson Portrait Mr David Anderson (Blaydon) (Lab)
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Does my hon. Friend recall that throughout the 1980s the working people of this country were lectured about giving managers the right to manage? Management in this country has agreed with trade unions at a local level who should have facility time and what they should do with it. Why should the Government have to intervene to destroy that partnership, which has worked for the benefit of all concerned?

Angela Eagle Portrait Ms Eagle
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Rather like Don Quixote, they are tilting at windmills, and legislating for an absurd caricature of the reality of industrial relations up and down the country, for partisan purposes. That is why we oppose the Bill.

Clauses 7 and 8 extend the notice requirements for any industrial actions and restrict the effect of any ballot for strike action to four months. These clauses are designed to narrow the effectiveness of any industrial action, even if it has reached the much higher requirements of turnout and support required for clauses 2 and 3. There is no sign of any evidence that could justify these changes and no sign of a clamour for employers to change the existing system. Indeed, these changes may intensify industrial dispute during the four-month period, and make things worse.

Lady Hermon Portrait Lady Hermon (North Down) (Ind)
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I am grateful to the hon. Lady for allowing me—unlike the Secretary of State—to intervene. Everyone who heard the Secretary of State’s contribution will know that he cited the example of Northern Ireland, stating that what was good enough for Northern Ireland was good enough for the rest of the country. In particular regard to the political fund, trade union members in Northern Ireland have had to opt in, and that has been the case for over 60 years. Will the hon. Lady clarify what percentage of trade union members in Northern Ireland have opted in to the political fund?

Angela Eagle Portrait Ms Eagle
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I do not know; perhaps the hon. Lady wants to tell me.

Lady Hermon Portrait Lady Hermon
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I am most grateful to the hon. Lady. I have enormous regard for her and I congratulate her most sincerely on her appointment to the shadow Front Bench. The answer to the question—I am sure it must have slipped her mind, as she always does her homework before contributing to debates—is 39%. Let me add that it could be to do with the fact that the Labour party never fielded candidates in Northern Ireland. Perhaps under the new leadership, the party might think of rivalling its buddies in Sinn Féin.

--- Later in debate ---
Angela Eagle Portrait Ms Eagle
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Madam Deputy Speaker—[Interruption.]

Angela Eagle Portrait Ms Eagle
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We will have to have a chat about whether the Labour party should organise in Northern Ireland. It is a long-standing issue within our party. I would be more than happy to talk to the hon. Lady about that, but I suspect Madam Deputy Speaker would stop me from doing so over the Dispatch Box.

We all know that this Government—barely with a majority—increasingly behave in a grossly partisan way, whether it is through individual electoral registration designed to disfranchise voters, by introducing English votes for English laws, or now by making changes to party funding to try to hobble the main Opposition.

Chris Philp Portrait Chris Philp
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Will the hon. Lady give way?

Angela Eagle Portrait Ms Eagle
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I suppose so—[Interruption.] The hon. Gentleman has melted my heart.

Chris Philp Portrait Chris Philp
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That is something I thought I would be unable to do; I am grateful that my persistence has paid off. The motivation behind this Bill has nothing to do with the things that the hon. Lady has just mentioned; it is to do with protecting and helping ordinary hard-working people to go about their day-to-day lives and their work unimpeded by strike action, which sometimes has turnouts as low as 16%. It is reasonable to protect them, and I ask the hon. Lady to support that

Angela Eagle Portrait Ms Eagle
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Disillusion has set in very quickly, I am afraid, with the hon. Gentleman. All I can say is that I am a long-standing member of a trade union, so I know many trade unionists, and I know that very few of them would contemplate being silly enough to have industrial action with very low turnouts and very little support, because that simply does not work.

The Prime Minister used to say he wanted to reform party funding and would limit donations from all sources. Now, however, instead of addressing the big money in politics—and the big issues that are causing disillusionment from politics generally—with millionaire hedge-fund donors being treated to lunches and dinners with the Cabinet, this Government are, outrageously, focusing on curbing only trade union donations. There is an important issue about big money in politics, but it needs to be dealt with on a cross-party basis.

James Heappey Portrait James Heappey
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Will the hon. Lady give way?

Angela Eagle Portrait Ms Eagle
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No.

As I was saying, that issue needs to be dealt with on a cross-party basis to change our political system fairly, and not just with the partisan interests of the Tory party in mind.

As the Regulatory Policy Committee has noted, these proposals for changes are rushed, and have had nowhere near the level of consultation that they deserve. The committee has described the impact assessment as “not fit for purpose”. There are serious questions about whether this Bill is compatible with the international legal obligations of the United Kingdom, as a member of the International Labour Organisation. The ILO has already criticised the UK on a number of occasions for its constraints on the right to strike, and the United Nations special rapporteur on the rights to freedom of peaceful assembly and of association has called for more, not less, trade union freedom in Britain.

Peter Dowd Portrait Peter Dowd (Bootle) (Lab)
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Will my hon. Friend give way?

Angela Eagle Portrait Ms Eagle
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I am winding up now.

Given the serious questions about its effect on fundamental rights, the Bill may be open to legal challenge on a number of fronts, including its impact on the devolution settlements, because it covers areas such as health and education that are clearly devolved. The Welsh Government, who have a substantially better record of working constructively with trade unions than this Administration, have objected to the proposals in strong terms, and are considering whether a legislative consent motion might be appropriate.

The Bill is a divisive piece of legislation which undermines the basic protections that trade unions provide for people at work. This is a partisan attack to undermine those unions, and the Labour party, but it will have substantial implications for more than 6 million workers by undermining unions’ ability to stop harassment in the workplace and ensure that the basic health and safety of workers is maintained. The Government are pushing through an agenda of attacking civil society, intimidating charities, threatening basic civil liberties, and undermining access to justice. These draconian measures must be stopped, and I urge the House to deny the Bill a Second Reading.