Further Education
John Howell Excerpts(8 years, 5 months ago)
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Nicky Morgan
As my hon. Friend says, Professor Alison Wolf is also on our panel looking at technical and professional education.
I want to remind the House that the reason we spend almost the same amount on servicing our debt as we do on the entire schools budget is the financial mismanagement of the Labour party. Its recklessness means that we have been forced to make difficult decisions to balance the books and live within our means, because if we had not, our education system would have fallen into the chaos that we have seen in countries that have failed to balance the books—thousands of schools closed in Greece; teacher and lecturer pay slashed in Greece, Ireland, Portugal and Spain; an exodus of talent.
John Howell (Henley) (Con)
Is my right hon. Friend surprised that nobody has yet mentioned our ambition to have 3 million apprenticeships by 2020? There has already been a significant increase in my constituency.
Nicky Morgan
My hon. Friend is pre-empting what I am coming to. I would like to say that I am surprised that Labour Members have not so far mentioned apprenticeships, but they would not want to bring attention to our track record in the last Parliament of delivering double the number of apprenticeship starts than that delivered by the last Labour Government.
Trade Union Bill
John Howell Excerpts(8 years, 6 months ago)
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Chris Stephens
Indeed. I look forward to that test when the experiment, as I think Mr Speaker described it, takes place.
The Open Rights Group is also concerned that online voting in general elections does not justify the extra expense of developing new systems while the technology is in its infancy, as turnout is already comparatively high. This argument does not apply to trade union ballots, where postal balloting is more expensive and deters turnout. Unlike general election voting, the technology already exists and has been well used for over a decade by private companies, political parties and membership associations.
John Howell
The hon. Gentleman and I have shared many an anecdote about this, both in Committee and elsewhere. He will recall that in Committee I raised a number of concerns from the Open Rights Group which called for prudence in the use of internet voting. Has he looked at that in greater detail?
Oral Answers to Questions
John Howell Excerpts(8 years, 6 months ago)
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Nicky Morgan
The hon. Lady speaks with great passion on an issue that she obviously cares about greatly. We have commissioned more places with educational psychologists this year than last year. She is absolutely right to say that a lot of this is about making sure that young people stay in education and that there are no barriers to them doing so. I am very happy to write to her with further details.
John Howell (Henley) (Con)
Colleagues have rightly pointed to the impact of mental health on the children themselves, but children’s mental health problems also impact on the family as a whole. Will the Secretary of State explain what we are doing in that respect?
Nicky Morgan
My hon. Friend is absolutely right to say that when somebody in a family, particularly a younger person, is struck with mental ill health, it affects the whole family. That is why funding through the voluntary and community sector programme and organisations such as Mind and Place2Be, as well as the MindEd website, which provides resources for parents, are important. I strongly encourage any parents who are worried about the mental health of their children to have an early conversation with people in their schools, including headteachers and teachers, so that they can then make the referrals.
Trade Union Bill (Eighth sitting)
John Howell Excerpts(8 years, 6 months ago)
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Stephen Doughty
My hon. Friend makes a very important point. If the Government were genuinely concerned about the levels of electronically based elections in the private sector, they would legislate to require all bodies to use postal-only ballots, and they would re-run the election for the candidate for Mayor of London using a postal-only ballot.
I simply cannot understand the Government’s argument, and nor can the public. On the one hand, the Government say that they want to increase participation, that we need to ensure that everybody has their say, and that strikes and actions must not take place without everybody’s consent. But they will not extend the most simple modern methods to allow people to participate in a democratic process, which is their right as established in many conventions—indeed, in this country’s historic laws and principles. The Government seek to deny unions the right to exercise that franchise. It simply does not make sense.
It certainly does not make sense, given that secure workplace balloting is already used, as I have described. Why can it not be extended to industrial action ballots and other elections that unions undertake? It is certainly bizarre, given that I can list 40 or 50 different organisations that use e-balloting. The Electoral Reform Society and others have produced plenty of evidence that such methods can be used securely, safely and effectively. They meet all the tests that any Government, employer or union would want to apply to ensure they are safe and secure on both sides. The Government’s arguments and their refusal to engage do not make sense. I hope, given that the Minister said that he will reflect on other parts of the Bill with the best of intentions, that the Government will look at this issue again. I hope they look favourably on our new clauses and commit to supporting them, or at the very least pledge to introduce Government amendments mirroring ours on Report.
I turn briefly to the specifics of the amendments and new clauses. Amendment 39, which I have not touched on in detail so far, relates to the section on political funding. It is absurd and ludicrous that the Bill requires individuals or their authorised agents to deliver opt-in, renewal or withdrawal notices to the trade union head office or branch office personally or by post. The amendment would enable trade union members to renew their opt-in via email or online. Most trade unions are concerned that they will have just three months—we will come on to that issue—to sign members up to their political funds after the Bill comes into force. If members do not opt in within three months, they will no longer be considered valid contributors. That is unworkable and unreasonable, and in practice it will mean that many trade union members who want to pay into the union political fund will be prevented from doing so.
The provisions also fail to recognise that trade unions will be required to revise their rule book to comply. Many trade unions hold their rule-making conference once a year, every two years or, in some cases, every five years. It is therefore unreasonable for the Government to expect trade unions with a political fund to convene a special rule-making conference within three months to comply with the legislation. For many trade unions, it would be simply impossible to book venues and make the relevant logistical arrangements in time. The costs are likely to be astronomical, representatives might not be able to secure the time off to attend the conference and there might be problems with quorums and so on. Again, they will not be able to use electronic methods. People will have to hand in a hand-written notice to a head office or a branch office. Again, it reveals the Government’s true intent. If the Minister does not want the public and trade union members to believe that that is the intent behind the Bill, why does he not go some way towards a compromise and provide methods to encourage the maximum participation, both for opting in to political funds and for ballots?
I have detailed the new clauses. Briefly, for the Committee’s benefit, new clause 1 would permit trade unions to decide to use electronic voting for industrial action ballots. For example, union members would be able to vote online, on smartphones or via secure phone lines. They would also be able to vote electronically in workplaces using secure laptops or electronic booths. New clause 2 would permit unions to use electronic voting in other statutory elections and ballots, including the election of general secretaries, political fund ballots and ballots on mergers. New clauses 4 and 8 would permit trade unions to decide to use similar electronic means to those in new clause 1, or workplace ballots, similar to those used in statutory recognition ballots, for industrial action ballots. In workplace ballots, union members would be able to vote using paper ballot papers and secure ballot boxes in a secure location at the place of work. New clauses 5 and 6 would permit trade unions to use electronic and workplace ballots for all other statutory elections and ballots.
This comprehensive set of amendments and new clauses is about bringing trade unions into the modern age, as the Government say they want to do, and being able to use modern methods that are already used elsewhere and are seen to be successful. Frankly, I cannot see any reason why the Government would wish to oppose them.
John Howell (Henley) (Con)
I accept that electronic voting is gaining widespread political support, but I disagree with the hon. Gentleman’s interpretation of the evidence that was put to the Speaker’s Commission on Digital Democracy, particularly the evidence from the Open Rights Group. The Guardian commented:
“The chief fear of many is that…electronic voting would make electoral fraud easier, not harder. In the worst-case scenario, rather than forging ballots”—
an individual—
“could simply flip a switch and win the election with no trail in sight.”
The executive director of the Open Rights Group, Jim Killock, said:
“This is a very hard problem to solve and so far nobody has managed it. Accountability in most software systems means a clear audit trail of who did what, which of course would violate the basic question of secrecy.”
Regardless of that, the other part of that argument is that the system has to be made so secure and the voting equipment has to be trusted to such an extent that accountability is open to doubt.
Stephen Doughty
On the basis of that argument, I have to ask whether the hon. Gentleman considers the election of his colleague, the hon. Member for Richmond Park (Zac Goldsmith), as the Conservative candidate for Mayor of London to be unsound in some way.
John Howell
I thought the hon. Gentleman would ask that question, so I thought of an answer. The answer is that I am not suggesting that anything at all was wrong with that election or, indeed, other elections that have used electronic voting, but I urge extreme caution where it is applied to elections that are enduring and on a statutory basis.
To finish—I wanted this to be only a brief intervention—I go back to Jim Killock of the Open Rights Group. He said:
“Given the vast numbers of machines that are infected by criminally controlled malware and the temptation for someone to interfere in an election, internet voting is a bad idea.”
Nick Boles
Will my hon. Friend tell us where he unearthed those comments from Jim Killock to ensure that Hansard can record that for all Members?
John Howell
I am grateful to the Minister. Part of it comes from my role as the co-chairman of the all-party parliamentary group on design and innovation—it did a lot of work in this area before the election—at the time that the Speaker’s Commission was working, and part of it comes from an article in The Guardian. The Minister will appreciate that, as a lively reader of The Guardian, I pick up these things wherever I can. I can probably give him the exact date on which the article was published, if he wants to know that.
Chris Stephens
We are not talking about an election, though, but a ballot, which will be a binary choice. It will either be yes or no. What specifically would concern the hon. Gentleman about introducing electronic balloting in a case of industrial action or to confirm or otherwise the political fund arrangements of a trade union?
John Howell
I think there is a great deal of similarity between using electronic means for an election and for this sort of statutory balloting. The thing that most concerns me is that, as in the words of the Open Rights Group that I just quoted:
“This is a very hard problem to solve and so far nobody has managed it.”
The question is how we deal with the problems of security and particularly of accountability.
Stephen Doughty
I think that it is important to test this point. The hon. Gentleman is referring to decisions that have statutory implications, are regulated and so on, but these methods are also used by major financial institutions. For example, the Nationwide Building Society, the Yorkshire Building Society, J.P. Morgan and others—
Stephen Doughty
At their annual general meetings, which are often taking very serious and significant decisions, which are bound by the financial law set out by this House, those organisations are using these systems, so what is the problem? Why is this the only part of our democracy that is not able to use them?
John Howell
I think that a number of hon. Members want to intervene. First, does my hon. Friend the Member for South Ribble want to intervene on me, as she could not intervene on the intervener?
Seema Kennedy
Sir Edward, I apologise. I am a relative novice, including on interventions. Are you aware that in the last year alone, online banking fraud has increased by 48%? Hon. Members are talking about the use of electronic methods in the financial and banking sector.
The Chair
Order. I am not aware of anything, especially not in The Guardian. When you say “you”, you are addressing the Chair. Anyway, you have got the message.
John Howell
I think that that question was directed to me, Sir Edward. I am aware that online banking fraud is up by 48%. That is an example of what I am talking about—
John Howell
Not at the moment. If we look at Barclays bank, for example, we see that the level of tolerance of this is phenomenal. It is frightening to see that; in fact, it makes one wish to change one’s account straightaway.
In answer to the question asked some time ago by the hon. Member for Cardiff South and Penarth about other organisations that use these methods, I fully accept, as I said at the beginning, that electronic balloting—electronic voting—is gaining wider and wider significance and acceptability. However, the organisations using these methods are approaching that in a systematic way. All I wanted to say at this point was that tremendous caution needs to be exercised. I shall finish again with the opinion of Mr Killock that
“internet voting is a bad idea.”
Dr Cameron
It is a privilege to serve under your chairmanship, Sir Edward, and to speak on clause 8. At the outset, I declare again my interests as a member of Unite the union and a former representative of Unite.
We are having a very interesting debate, but we must put it in the context of modern times. This is the way events are moving. It is what the public expect and want, and trade union members are very used to voting electronically or using electronic means in many realms of their lives. We therefore have to ensure that as a society and in this legislative process, we are modernising and it is in kilter with society.
I seek to question whether people’s opinion is based on evidence. Perhaps they are right to some degree to suggest caution, but is it based on evidence from such ballots having taken place in other realms, such as the candidate selection for Mayor of London, which has already been mentioned. However, there does not appear to be any evidence from these actual cases that anything untoward has happened. All of this, apart from being grounded in modern society and the way we live our lives, has to be grounded on an evidence-based approach rather than an opinion-based approach.
Our amendment advocates electronic and workplace balloting. Currently, all ballots and elections in trade unions must be conducted on a fully postal basis. Unlike major companies and other membership organisations, including political parties, trade union members have not been allowed to vote online. We cannot continue to leave trade union members behind; the system must be modernised. I was pleased to hear earlier that the Minister accepts electronic contact and communication in other areas relevant to the Bill.
Trade Union Bill (Fifth sitting)
John Howell Excerpts(8 years, 6 months ago)
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Nick Boles
I do not accept the caricature. All we are saying is that, when action is proposed that will have a great effect on people—citizens and equal members of the public who have no vote at all in this ballot and who are not even consulted—it is not unreasonable to require a level of participation that is more than half. That will not stop most strikes, as we have seen from the figures, but it will reassure members of the public that strikes are happening only when they have sufficient support. The British people are fair. They believe in people having the right to strike and would always want to retain that possibility for themselves, but they feel that it is unfair when it happens, as that NUT strike or those other strikes that I listed did, on a very low turnout.
John Howell (Henley) (Con)
I was looking at the evidence from John Cridland from the CBI. He sums up what the Minister is trying to say very well. He said:
“I think it is reasonable, given the level of disruption involved, that there is clear evidence of a significant mandate.”––[Official Report, Trade Union Public Bill Committee, 13 October 2015; c. 8, Q6.]
That is all we are asking for.
Nick Boles
I entirely agree with my hon. Friend. It is important to have been reminded of John Cridland’s evidence. The hon. Member for Sunderland Central made the claim that the vast majority of businesses do not support these measures. The CBI unequivocally represents more businesses than any other business organisation—that is a matter of fact—and Mr Cridland was very clear that it is not just supporting the Bill but has supported this policy for five years and has only just persuaded a Conservative Government to adopt it. So that was not an entirely accurate characterisation of the position.
School Expansion
John Howell Excerpts(8 years, 6 months ago)
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Nicky Morgan
I absolutely will be that champion. The latest application round for free schools has just closed, and the appetite to set up new ones remains undimmed. I have already made it clear that we now have 1 million more children in good or outstanding schools than in 2010. My task is to focus on the next million, and on those who follow them, to ensure that every child in the country has access to an excellent place. Free schools are very much a part of the answer.
John Howell (Henley) (Con)
Given the confessional mood in the Chamber this afternoon, let me confess that I, too, went to a grammar school. Is not this expansion about fulfilling unmet need, and will it not therefore appeal to those parents and children who really want to get on?
Nicky Morgan
I am delighted to hear that my hon. Friend was also a grammar school boy. He is absolutely right to suggest that the request for this expansion reflects the need for more good school places in that particular area. It is also about parental choice. Those are two important criteria. I mentioned in my statement that just under 42% of the school’s current intake comes from the Sevenoaks area, which is why my right hon. Friend the Member for Sevenoaks (Michael Fallon) has also welcomed this decision.
Trade Union Bill (Fourth sitting)
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The Chair
I think we have tested this enough. We will move on, because we have very little time remaining and there are Members on both sides who want to ask questions. These issues will be tested in Committee when we reach that part of the Bill and more evidence is presented.
John Howell (Henley) (Con)
Q 414 It is clear from the evidence we have heard that a charge is being made that your proposals go against the International Labour Organisation. Would you like to deal with that now?
Nick Boles
There is no question but that representations have been made to the ILO, and within ILO discussions, that some of the restrictions that we propose could conflict with ILO provisions. What is clear is that the governing body of the ILO has never accepted those arguments. Having looked at all the governing body’s comments and decisions, we are entirely satisfied that nothing that we propose would conflict with them. Reference has been made to the European Economic and Social Committee; the truth is that we do not entirely accept its actions and status. It often says things that we and the governing body of the ILO do not agree with.
John Howell
Q 415 Like you, I listened intently to John Cridland’s evidence on Tuesday, but the intention of the questions we have been asking has not been to show that the Bill is a pro-business measure. What we have tried to show is the impact of that on parents, patients, carers and commuters. I think we have actually demonstrated that quite effectively. Would you like to comment on how that fits into the purpose of the Bill?
Nick Boles: That is absolutely right. We were always thinking, when drafting the Bill, about what to tell the public when a strike has happened to reassure them. The public support unions’ and individuals’ ability to strike, and they often would like to feel that they have the ability to avail themselves of that right in an extreme situation. There is absolutely no question about it; the public do not support something that withdraws people’s legitimate right to withdraw their labour in a case where they are being badly treated or a dispute that cannot be resolved otherwise. The public are frankly not very impressed when a strike happens that closes schools or bus services on an incredibly low turnout or a ballot that is several years old, and we are responding to that concern.
Chris Stephens
Q 416 Mr Boles, in relation to political funds, I want to outline my discomfort with dealing with this issue via the Trade Union Bill and not through other mechanisms in Parliament. Political funding should be dealt with across the board. I also point out to you that it is not just about those trade unions that fund the Labour party—those unions are in the minority, actually—but a trade union’s ability to campaign to change Government policies. The general secretary of the PCS made that point. Do you not think that it is inappropriate to deal with political funds only through this Bill and not to look at political funding arrangements across the board?
Nick Boles: I do not, and perhaps I could explain why. We have heard about the contributions that the political funds made to HOPE not hate. We certainly heard that on Second Reading. We have heard of other very worthwhile causes that are supported by unions’ political funds, but we live in a society, thank God, where there is an amazing proliferation of charities and campaign groups that are successfully and endlessly raising money from members of the public. They are lobbying for all sorts of changes in laws and practices here and around the world. It does not seem to me to be an unfair restriction or to be likely in any way to undermine the support for fantastic organisations, such as HOPE not hate, to say that if an individual wants to contribute part of their income towards an organisation, they should make an active choice to do so. That will not choke off any worthwhile campaigning activity in this country, where there is a huge array of it happening already.
Trade Union Bill (Third sitting)
John Howell Excerpts(8 years, 6 months ago)
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The Chair
Okay. I am already getting a list of people to ask questions, and we only have half an hour. You do not both need to answer questions unless you really want to, and I ask members of the Committee to try to limit themselves to one supplementary question, unless they are really bursting to ask another. I know that the next questioner will be very brief and to the point.
John Howell (Henley) (Con)
Q 246 Thank you, Sir Edward. May I stay on the same subject? If a dispute gets out of hand, you are required to go and police it. Does the notice period in the Bill not give you advance warning, so you can tell whether policing is likely to be needed? I cannot see what the problem is with the notice period.
Deputy Chief Constable Hall: I think my experience is that in past situations in which we have been required to be involved, or in which we planned to be involved, notification has usually come forward fairly quickly, particularly through the employers, who say, “We believe that we may have issues when this picket line meets.” Those situations are relatively rare, in terms of when picket lines sit. Yes, of course notice helps us to plan, but my experience is that planning does not need to be done in the vast majority of cases, simply because of peaceful picketing. Steve talked about the planned fuel dispute. A lot of planning went into the ability to police picket lines at that time, and as you know, it never quite materialised into a dispute. Those are the sorts of circumstances where advance notice would be very helpful.
John Howell
Q 247 May I follow up with one question? I am still struggling to see what harm the notice period causes.
Deputy Chief Constable Hall: I do not believe it causes any harm, as such. The challenge for policing is whether it is necessary for us, how we then administer it within police forces across the country, and whether we could obtain that information in other ways, either through local authorities or directly with the employer. As I say, we do not see any direct harm in receiving it, but we feel it could be discharged in other ways.
Chris Stephens (Glasgow South West) (SNP)
Q 248 It may appear that I am shouting at you, but I am not; it is so the other members of the Committee can hear me. I apologise.
I have two quick questions. Do you both agree that the proposal to allow agency workers to come in and replace striking workers would result in increased tensions in the workplace and that the police would have to become more involved in those sorts of issues? What more resources would the police need to police some of the aspects in the Bill?
Deputy Chief Constable Hall: I do not think it is for the police service to determine the merits of whether agency workers should come in or not. We know from disputes we have policed in the past that the mention of agency workers tends to increase tension within picket lines. I think there is certainly the possibility that that could be the case if agency workers are brought in to cross picket lines. Clearly, within that we would need to judge each situation on its merits, and potentially we would need to increase police resourcing accordingly.
Steve White: It probably would not surprise you to hear me suggest that our current resource levels in policing would make it extremely—
John Howell
Q 313 Mr Palmer-Jones, earlier you threw away a line about the intimidation you had been facing being likely to affect your ability to invest. Would you like to explain that?
David Palmer-Jones: As I said, together with others, I have invested probably around £700 million and I employ more than 500 people in that area. I have the ability to invest more, but when faced with the sort of intimidation and protest that we have been suffering, I have to think twice about where I spend my money. I am currently in the process of employing people from SSI: I have taken on 20 people and am looking for others to help me to run that plant, and we are taking on apprentices. But you can see why, when faced with an uncontrolled set of continual protests—the 29th—we would think twice about whether we bother to invest in that area. It is an area that we have supported for the past 15 or 20 years.
John Howell
Q 314 So you would welcome putting the existing code of conduct into a statutory form?
David Palmer-Jones: We would have to. Again, it is important that you widen and capture this particular grey area. You really need to look at the fact that the unions should be held responsible if they are actively supporting these types of protest.
Trade Union Bill (Second sitting)
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Stephen Doughty
Q 101 So you would agree that the Welsh Government and the Scottish Government should have the freedom to be able to determine those local relationships, rather than being interfered in by the Bill?
Julia Manning: I think it is a conversation that needs to take place across the country—across the devolved nations.
John Howell (Henley) (Con)
Q 102 The health service would be subject to the 40% threshold for strikes. Do you think that that has been drawn widely enough, and would you like to see any other bits of the health service included in that?
Julia Manning: In terms of detail, I have not clocked all the amendments, and one of my concerns was that certain areas would be excluded. Maybe you can tell me, for instance, what the terms are for some of the critical services, such as intensive care and emergency services, and whether they are different.
John Howell
Q 103 So you would like to see those included.
Julia Manning: I would like to see them excluded. I do not think, if you are working in intensive care or emergency services, you should have the right to strike.
John Howell
Q 104 What do you think the effect of the Bill will be on patients seeking healthcare?
Julia Manning: Thinking about the Bill, the wider context is really interesting in terms looking at the trends for our ageing population, the greater proportion of people who will have long-term conditions, who will be dependent on interventions and who will have been lined up potentially seeking to have treatment and then feel that that might be jeopardised by industrial action. There is a volume issue here.
For me, the Bill raises the discussion that I feel we should be having around the changing nature of the workplace for the NHS as a whole, because of the impact and influence of technology, which is changing many of the duties and roles that people have and the opportunities for the public to look after themselves. It feels to me as though we are still talking about skills and the workforce as it is now, but what is it going to look like in five or 10 years’ time? It could be very different.
John Howell
Q 105 Would you like to give us a view of what you think it will look like, and how the Bill would affect that in five to 10 years’ time?
Julia Manning: Again, I will try not to get too technical or philosophical. The Bill does not go into the detail of the many different NHS roles and responsibilities, but those are going to change. As patients, as the public and as what we call “participatients”, we will have information and access to all sorts of things that we currently do not have access to, which have been the preserve of the NHS. Down the line, the impact of action could be quite different because of what we as the public will have access to, which will no longer be within the control of NHS professionals. That is something we should be mindful of.
Chris Stephens (Glasgow South West) (SNP)
Q 106 It is a privilege to serve under your chairmanship, Sir Alan.
I would first like to ask: are you aware that the current law in terms of trade unions participating in industrial action is that they must provide life and limb cover? If so, does that assuage your fears? In addition, what surveys have you taken of the members in your organisation? You did intimate to Mr Doughty that you are organised across the UK. Also, do you believe that, with any changes at all within any of the health services across the UK, there has to be a negotiated change and a mutual partnership arrangement between employers and the trade unions?
Julia Manning: On the first point, in terms of like for like—
Jo Stevens
Q 139 Do you also accept, if I do not push you too far into areas into which you do not want to stray, that facility time in the workplace— trade unions having time to carry out trade union duties— helps in generating those issues and resolving things such as health and safety concerns about overcrowding?
Janet Cooke: I think that we would expect Transport for London to be a good employer and to allow, as a good employer should, the appropriate legal time for the trade union activity that is required. I do not think I can go any further, I am afraid.
John Howell
Q 140 Do you think that the balance is right in the Bill? Is it likely to have an adverse effect on industrial relations?
Janet Cooke: I do not think that I have a view on that and, I will be honest, I am not sufficiently familiar with exactly what you are proposing to be able to comment. Without doing proper research, I could not give a view.
David Sidebottom: I think the same. We do lots of research into how passengers are disrupted, with Network Rail, train operators and passengers. If there were more frequent strikes and disruption on the railway caused by industrial action, we would perhaps be prompted to spend time and do some research on the impact felt by passengers. Like Janet, I have not formed a particularly strong view based on any evidence that we have gathered.
One point that I picked up from doing some background reading was notification of strike action. For rail passengers, whether it is seven days or 14 days, the issue of getting the information is the key thing. It is not just social media and websites, it is posters at stations and that kind of thing. That is probably the best help I can give in terms of answering the question.
John Howell
Q 141 I am slightly surprised that you do not have a firmer view on that, and on the balance between people’s ability to strike and the enormous impact on the travelling public.
David Sidebottom: I am interested, as a representative of a consumer organisation, in the impact on individuals of planned or unplanned engineering work or disruption such as industrial action. I am interested in the quality of information and how passengers are empowered to make a decision about where to go and how they make an alternative journey.
One thing we ask is for passengers to rank their priorities for improvement. We often see nothing in our research about information on the back of industrial action. It is about the things that are important to them: a punctual, reliable railway, good value for money and getting a seat.
Janet Cooke: Having done a little research on the internet on strikes that have been reported, certainly in the past six months there seems to have been an increasing amount of industrial activity in the London area, which has an impact. In the past six months we have had five actual strikes—three on the underground and two on Great Western—and four threatened strikes—three on National Rail and one on the tube. We have just had the last strike, which in the end did not have that much impact on passengers because Transport for London continued to run the service on the Waterloo and City line. Now DLR workers are balloting about strike action, so there certainly has been an increase in the amount of activity.
John Howell
Q 142 Would you like to sum up the overall impact?
Janet Cooke: It is the attrition. For the first strike, people can often make other arrangements. Strikes have a particular impact on people in jobs where they do not have flexibility. I could work from home if I could not get into work or I could start late and finish late, or whatever. People working in critical, front-line jobs, who do not have that flexibility, are affected disproportionately, because they have no options.
David Sidebottom: Back in 2009-10, London Midland inconvenienced passengers as a result of its inability to roster railway staff to work on Sundays. That is a traditional working pattern that was provided largely through overtime and informal arrangements. We have seen a bit of that with one or two other train operators in recent years, but not on a large scale.
The bigger impact for passengers is short notice and cancellations. It is not a week’s or two weeks’ notice. The ability of a train company to buy out those working arrangements is very much between it, the unions and the staff. It seems to be something that is not quite cured yet. I do not know how that would fit with the Bill, but it does come across as inconveniencing passengers slightly more.
Chris Stephens
Q 143 I just have one question for the organisations. If for any reason existing staff, in this case train drivers or bus drivers, were replaced by agency workers, who would be inadequately trained, that would cause both your organisations concern for passenger safety.
David Sidebottom: If that manifested itself to us through representations from passengers, it would of course, yes.
Janet Cooke: Whether they were staff employed by the operator or agency staff, if they were not properly trained, it would be inappropriate for them to work.
The Chair
Will you elaborate on that in writing and send it to all Committee members on both sides, so that they might further digest your claims?
Jonathan Isaby: I will happily do so. It was in our report last year and it is in the evidence that I submitted to you, but I will happily do that.
John Howell
Q 188 I have a question for Mr Wilson. Can you describe the strike that your company faced? What was its effect on the travelling public and what are the likely effects of the thresholds?
Tony Wilson: The most recent strike was in relation to Unite’s quest for sector-wide collective bargaining across London. They obviously had to try to co-ordinate many legal entities. They managed to do that and we had a very low turnout in terms of our own workforce actually voting yes for the strike. It was even lower among union members as a proportion of the number of employees.
We were quite successful in the marketplace in terms of operating services. On the first day of operation, we got between 30% and 40% of the service out, but that is the peak-time service, which is what is mostly going to affect commuters both in the morning and afternoon. On the second day, 5 February, we got up to nearly 50% of our peak-time service out on the road. In any respect, that is a major disruption to the travelling public and it was not a great day for anybody who was trying to catch a bus. We were one of the most successful companies in terms of turning out services. Others varied at certain depots around London from zero to all the way up to similar levels to us. As a proportion of the total network, however, it was less than 50% out, certainly on the second day, which was the better of the two.
John Howell
Q 189 And the effect of the thresholds in the Bill?
Tony Wilson: To me, the thresholds are all about proportionality. We rely entirely on collective bargaining within our organisation. We have a very good relationship with Unite. Across many years, I have never had any great issue with them. For us, it is the fact that very low numbers of the organisation can dictate to the mass. Some of that is to do with the fact that our particular company has quite a low percentage of union members in the first place, but even they do not all go and vote. I think something like 12% of the total bus driver workforce actually voted yes and dictated to the vast majority.
I heard something earlier on about picket lines. On 13 January, there was no police presence on our picket lines, but there were a lot of people, and a lot of staff who would otherwise have come to work were deterred from doing so. Most pickets were not particularly antagonistic—some were a bit different—but the sheer number of people that they had to pass to get into work was a barrier to them. At one depot, the roadway was blocked, so we could not actually get buses in and out. On the second day, co-ordinating with Transport for London, we had a large police presence on all of our sites. It was far more organised and there was a lot less disruption. It was noticeable that people do not want to come to work and cross that barrier. Whether on the day or the stigma afterwards, they do not feel comfortable.
Chris Stephens
Q 190 This is a question to the TaxPayers Alliance. I know from my previous employment that your organisation is well-versed in freedom of information. In relation to facility time, what do you consider to be a trade union duty and what do you consider to be a trade union activity? When you have done research into facility time, have you been able to establish how many trade union activists have had either part or all of their salary paid by a trade union?
In terms of check-off, why is it correct that public sector employees—even those who would be in a staff association—can pay council tax, rent and charitable donations via check-off, but not a trade union?
My last question goes back to the taxpayers and the democratic mandate. If a political party has been elected in a devolved Administration or a public authority and it has a democratic mandate to carry out good industrial relations by providing check-off, either charitable or free, or good facility time, who is anybody to interfere in that? Surely, it has the democratic mandate and the taxpayer has made that decision.
Jonathan Isaby: There are quite a few points there. You talked about the difference between activities and duties. Those things are defined, are they not? ACAS has defined them and our most recent report quotes exactly what they are.
Trade Union Bill (First sitting)
John Howell Excerpts(8 years, 7 months ago)
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The Chair
I do not want to be too formal and restrict people to one question, and the main Opposition spokesman needs some latitude, but just keep an eye on the time everybody, and if you can just ask one question, fine. All three witnesses do not have to answer everybody; you can divide it up between yourselves.
John Howell (Henley) (Con)
Q 6 It is a great pleasure to serve under your chairmanship, Sir Edward. The Bill has already been described by Mr Doughty as “draconian”. Can you give me your impression of how much this is a fundamental change to the way that trade unions operate and how much you think it is more of a step-by-step increase in the modernisation of the trade union movement?
John Cridland: I echo Mr Martin’s comment about a failsafe. In most workplaces, relations are harmonious. Most workplaces are now not unionised, but in the unionised part of workplaces, most relationships are harmonious, and employers recognise that. There is a small minority of situations, which we have already described, where many people—businesses and consumers —are significantly disrupted. If that is to happen, and if the right to strike is to be exercised, I think it is reasonable, given the level of disruption involved, that there is clear evidence of a significant mandate. That is a modernisation of a system that is broadly working well.
Dr Adam Marshall: I would probably agree with my colleague and simply add that having an expiry for ballot mandates is an important thing in this day and age, given that we are in a more complex world for both business and industrial relations than perhaps ever before. Having a clear mandate renewed on a regular basis is very important.
David Martin: I again echo the comments. I can only refer to what I said earlier—that in the event of a breakdown in industrial relations, which does not happen very often, let us have a very clear mandate that reflects the wishes of the membership as a whole, and let us have a situation where we can minimise the overall impact on the travelling public and the UK economy at the same time.
Chris Stephens
Q 7 It is a pleasure to serve under your chairmanship, Sir Edward. My question is for the CBI. First, I was a bit unclear in your answer to my colleague about secure workplace balloting. You have said that trade union recognition ballots work well, but in trade union recognition ballots there is scope for secure workplace balloting. Can you clarify that?
Secondly, in your submission, you say that you are looking to extend the notice periods from seven days to 14 days on either side. That is 28 days in total, even without a ballot period. Do you not think that seven days’ notice to ballot and seven days’ notice to strike, with a period in between of at least 14 working days, is sufficient for a business to look at what they need to do and the steps that need to take place for disruption and any industrial action?
John Cridland: Thank you for the question. On your first point, the analogy I was using for trade union recognition was with ballot majorities. That is a relevant point, I think, about the ballot majorities and thresholds that the Government are proposing for the Bill. The current notice periods are inadequate. Many corporate members of the CBI faced with these situations simply do not feel that they have enough time to provide information and to put in place mitigating measures. I think the business community does want to see longer notice periods.
Stephen Doughty
Q 54 John, as you represent a significant number of members in a diffuse sector, what are the Bill’s specific problems and challenges for your members? I wonder in particular what your views are about the Government’s proposals on check-off.
John Hannett: USDAW is the fourth largest union, as you may know, with more than 440,000 members. In fact, it has grown by 100,000 members in the past 10 years. I have spent the past 12 years as general secretary, and seven before as deputy general secretary, promoting the partnership model that Roy referred to. The Bill, in a sense, feels to me more like a control mechanism than a fostering of good industrial relations. What do I mean by that? If you look at the agreement we have with some of the biggest private sector companies, those agreements and those relationships have been informed by, and developed based on, trust, understanding the business and honest representation.
The problem with the Bill is that it sounds like something that is highly political and intended to control behaviour more than foster good industrial relations. We have the biggest private sector partnership agreement in the country, with more than 180,000 members in one of the most successful businesses. All those negotiations take place in a spirit of trust, of building up the relationship and of understanding the sector.
In terms of check-off, this is interesting. If you look at the agreements we have within the biggest organisations in the country, these check-off arrangements have worked. They have been negotiated with those individual companies. To be perfectly honest, without check-off, it would be extremely difficult for a union like mine, which operates in a seven-day, 24-hour sector, where people are working short hours and long hours, and trying to collect union contributions. There is also something significant about check-off. It is a kind of identity between the employer and the union that we co-exist and work together. It is part of their commitment to the union, as we commit to some of the changes.
Roy referred to the many, many changes he has had to oversee. The biggest company we have the agreement with now is going through difficult times. The union is here now, operating and dealing with those issues—not just the good times, but the difficult times too. Is the Bill intended to help industrial relations? I have not seen the evidence. The best way to improve industrial relations is between the employer and the unions where they are represented, in consultation with their employees.
John Howell
Q 55 Can I move you on to some questions about the political levy? It seems to me that there is a fundamental principle of fairness in this. Voluntary funds, which is what the political levy is, should not be taken out of someone’s pay packet without their consent. Do you agree with that?
John Hannett: My union has a very clear position on this that has been in place since the union merged in 1947. First, our rulebook is very explicit about the right to be paying the political levy. On our membership form, when somebody joins the trade union, there is a very explicit clause that says, “If you do not wish to pay the levy, you do not have to.” Some of our members exercise that right, so we already cover it with our form and we are transparent about this in all our communications with our members.
John Howell
Q 56 Do you think that offers the sort of consumer protection that others outside of the trade union movement would expect in being able to deal with the political levy?
Roy Rickhuss: It is a fair question, but I also believe that trade unions are so transparent and democratic—we are probably the most democratic organisations in the country. Our members decide whether they want to have a political fund. Our rulebook and our constitution is voted on by our members—we have to re-ballot them every 10 years, but we have rule changes in between. We have conferences where members can put forward motions and debate issues, so I really do think, democratically, that the fact we have a political fund and we use it for political campaigning is well understood by our members. They vote for it positively time and time again, so I think we are covered. I fully agree with John—people are aware of the unions’ activities because we make them well known. We publicise them, and people do opt out of paying the political levy if they want to do so.
John Hannett: I am conscious of other questions, but I should remind you that in terms of our own levy, the political levy has to be balloted every 10 years. We had a 93% vote in favour, and we communicate that through all our journals.
John Howell
Q 57 Do you think that is applicable right across the board, to other trade unions? You have said what the position is in your own union.
John Hannett: I do. It is very difficult for a trade union to not be transparent in an issue like this, because if you are politically active and campaigning, you have to demonstrate how you spend your money to not only the certification office but also to your members. My union has an annual conference. The idea of not being transparent to an annual conference plus regional conferences would be impossible. As Roy said, it is the most open, democratic process you can have. Our members are not silly. They know where the money goes; they know how it is spent. And if you get a 93% vote in favour, I think that is pretty conclusive in agreeing that they should pay it.
The Chair
Okay. We have a long list of questions. You are warming up your audience, gentlemen, so we will be as brisk as we can.
John Howell
Q 72 We heard from the CBI and the British Chambers of Commerce that all this Bill does is modernise the way in which trade unions behave. It does not introduce a fundamental change in the trade union rules that apply, so it is very difficult in that circumstance to understand why you describe the Bill as unlawful and unwarranted. In the example that you use of not being able to tell what the nature of the dispute is, surely it is in the interests of transparency that that should be settled and be clearly on the ballot paper.
Stephen Cavalier: The problem here—I was in a meeting with some employers’ lawyers and they were expressing it this way—is about forcing such a detailed description of all the matters at issue in a dispute at the start. The lawyers’ concern is that unions will be forced to draw the dispute as broadly as possible to include every single aspect, and moreover, that it is likely to escalate matters because unions will feel reluctant to compromise on individual issues in the dispute, as employers will otherwise argue that consequently the dispute has changed and that there needs to be a re-ballot. It forces extreme behaviour, if you like, and it is likely to mean that a dispute escalates.
In terms of being unlawful, we mentioned in our submission the areas where we believe it contravenes the European convention on human rights and the International Labour Organisation code. The other point to make is that, as the Regulatory Policy Committee said in its response to the impact assessment, there is absolutely no evidence that it will work. In terms of modernising industrial relations, the Regulatory Policy Committee has said that there should be separate assessments of the 50% threshold and of the 40% threshold. It completely rejects the analysis of the likely impact of the threshold on the outcomes of disputes, because there is no analysis of the impact of a threshold on voting behaviour and turnouts in the elections themselves.
Dr Cameron
Q 73 The Government are consulting on draft regulations that would repeal the restriction on providing agency staff during industrial disputes. What are your views on these proposed changes? Could they further undermine industrial relations?
Mike Emmott: Our view is that the consultation paper overstates the likely impact of removing the prohibition on employment agencies supplying workers on a temporary basis during industrial disputes. It is already possible for employers to recruit temporary labour without any difficulty, provided that they do it directly. For some of the reasons that emerged from the last witness session, we think that issues of training and safety, never mind the availability of qualified staff, will very considerably reduce the impact of this, which is the third of the consultation issues. It is likely to be pretty much a non-event, except possibly in some cases where employers—maybe large employers—have close relationships with agencies, and on a daily basis they take on quite a lot of temporary labour. It might be difficult to know whether or not particular workers were engaged in replacing workers who are on strike. But in general, we do not think that this particular part of the Bill is likely to have any major impact. I do not speak for recruitment agencies or recruitment businesses, but I think that many of them will be quite reluctant to get sucked into industrial disputes.
Stephen Cavalier: Indeed, the recruitment businesses’ own organisation, the Recruitment and Employment Confederation, has said that this is a very dangerous proposal which it does not support. The Regulatory Policy Committee itself said that there was absolutely no basis for the Government’s assertion that 22% of days lost would be solved by this. Moreover, there are very good emergency arrangements in place to ensure that cover is provided in the public sector, certainly in the fire service and in midwifery. I am sure that people would much rather have those arrangements than agency workers brought in to put out fires or to deliver babies.