Wales Bill

Debate between Kevin Brennan and Lindsay Hoyle

Monday 12th September 2016 Commons Chamber

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I know the Secretary of State has a lot to tell us, but I am sure he is aware that quite a lot of other Members would also like to speak. Will he bear that in mind?

[Kevin Brennan]

On a point of order, Mr Deputy Speaker. If we are under a severe time constraint, I wonder whether you could tell us how long we have for this debate?

[Mr Deputy Speaker]

The debate has to finish by 7.57 pm. I call the Secretary of State.

Trade Union Bill

Debate between Kevin Brennan and Lindsay Hoyle

Ping Pong: House of Commons
Wednesday 27th April 2016 Commons Chamber

[Nick Boles]

On a point of order, Mr Deputy Speaker. Could you advise me whether it is in order for the House to spend quite so much time talking about my career prospects, because I do not feel that that is really helping?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I am not sure whether that is good or bad for the House.

[Kevin Brennan]

I am happy to leave the Minister alone for the rest of the debate, apart from on the issues we are discussing.

If any Minister did take the path I described, there would obviously be considerable anger and opposition from not just the Labour party but other parties and Members of the other place, who worked so hard to craft this amendment on electronic balloting. In practice, I think the momentum for e-balloting will be unstoppable if the report is published and comes to the conclusions we think it will. However, we prefer the Lords amendment, and we will seek to keep it in the Bill this afternoon.

Let me move on to the other part of this group of amendments, which includes Lords amendment 17, on facility time, the Government’s motion to disagree with it, and their proposed additions to clause 13—should the House decide to reinstate it by voting to disagree with the Lords. The Lords passed amendment 17 by 248 votes to 160, removing Ministers’ power to impose a cap on union facilities by deleting clause 13. The Government have tabled a motion to disagree with Lords amendment 17 so that they can restore their ability to impose a cap on facilities. They have proposed a further amendment to amend the reinstated clause in line with assurances they gave in the Lords, providing that no cap could be imposed for the first three years after the new reporting requirements on facilities came into force.

Before Ministers could impose a cap they would need to review the published data on facilities, the cost of facilities for the relevant employer, the nature of the services run by the public authority, any particular factors relevant to the employer, and other related matters. They would also need to consider the type of organisation and any relevant factors—for example, if the organisation was facing a major restructure. If the Minister had concerns about the level of facilities in a particular public authority, under the Government’s proposed provisions he would need to write to the employer expressing those concerns.

Enterprise Bill [Lords]

Debate between Kevin Brennan and Lindsay Hoyle

Tuesday 8th March 2016 Commons Chamber

[Kevin Brennan]

On a point of order, Mr Deputy Speaker.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

It is not a point of order. Come on.

[Kevin Brennan]

rose—

[Mr Deputy Speaker]

Mr Brennan, I think it is for me to decide. I am sure it was going to be about time, and I am sure we are all aware of the time and what time the debate has to end.

--- Later in debate ---

[Kevin Brennan]

I respect your ruling, Mr Deputy Speaker, that my point of order, which I did not make, was out of order.

[Mr Deputy Speaker]

Order. It was going to be about time, but it is not for me to tell you how much time is left, as you know better than I do.

[Kevin Brennan]

Thank you, Mr Deputy Speaker. I simply note that the Minister was unwilling to give way because of time.

On the comments by the former Treasury Minister, now the Minister for Employment, the right hon. Member for Witham (Priti Patel), I thank the Minister today for confirming to the House that we cannot believe a word Ministers say. I thank her for putting that officially on the record.

[Kevin Brennan]

Would the Minister like me to give way? I am happy to do so, if it is in order, Mr Deputy Speaker.

[Mr Deputy Speaker]

Minister, are you commenting from a sedentary position, or would you like to make a point of order?

[Mr Deputy Speaker]

The Minister has clarified her position.

[Kevin Brennan]

It was not in a newspaper that the policy was announced. As I said, we cannot believe a word Ministers say.

Let me say simply that, as in Committee, the Minister has confirmed nothing at all that will give any comfort to these workers. I am therefore going to ask my hon. Friends, and other hon. Members if they support these workers, to support us in the Division on new schedule 1.

Question put, That the schedule be read a Second time.

Trade Union Bill

Debate between Kevin Brennan and Lindsay Hoyle

Tuesday 10th November 2015 Commons Chamber

[Kevin Brennan]

I beg to move amendment 6, page 4, line 31, leave out clause 9.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

Amendment 38, page 5, line 6, leave out “must” and insert “may”.

This amendment would make the obligations under clause 9 voluntary rather than mandatory.

Amendment 10, page 5, leave out lines 7 to 19 and insert—

‘(3) A picket supervisor is required to show a constable a letter of authorisation only if—

(a) the constable provides documentary evidence that he or she is a constable;

(b) the constable provides his or her name, and the name of the police station to which he or she is attached; and

(c) the constable explains the reasons for the request to see the letter of authorisation.

(4) If a picket supervisor complies with a constable‘s request to produce a letter of authorisation, the police officer shall provide the picket supervisor with a written record of the request, the reasons for it, and an acknowledgment that the request was complied with.

(5) If a picket supervisor fails to comply with a constable‘s request to produce a letter of authorisation, the police officer shall provide the picket supervisor with a written record of the request, the reasons for it, and an acknowledgment that the request was not complied with.

(6) Information about the identity of a picket supervisor and any information relating to the production of a letter of authorisation shall be retained by the police only for the purposes of giving evidence in legal proceedings directly related to the picketing to which it is connected.

(7) For the avoidance of doubt neither a member of the public nor an employer shall be entitled to request a picket supervisor to produce a letter of authorisation.”

Amendment 39, page 5, line 7, leave out “must” and insert “may”.

This amendment would make the obligations under clause 9 voluntary rather than mandatory.

Amendment 40, page 5, line 10, leave out “must” and insert “may”.

This amendment would make the obligations under clause 9 voluntary rather than mandatory.

Amendment 41, page 5, line 15, leave out “must” and insert “may”.

This amendment would make the obligations under clause 9 voluntary rather than mandatory.

Government amendments 2 and 3.

Amendment 42, page 5, line 17, leave out “must” and insert “may”.

This amendment would make the obligations under clause 9 voluntary rather than mandatory.

Amendment 43, page 5, line 20, leave out “must” and insert “may”.

This amendment would make the obligations under clause 9 voluntary rather than mandatory.

Amendment 44, page 5, line 25, leave out “must” and insert “may”.

This amendment would make the obligations under clause 9 voluntary rather than mandatory.

Government amendment 4.

New clause 1—Industrial action and agency workers—

‘(1) Subject to subsection (3), an employment business shall not introduce or supply a work-seeker to a hirer to perform—

(a) the duties normally performed by a worker who is taking part in a strike or other industrial action (“the first worker“), or

(b) the duties normally performed by any other worker employed by the hirer and who is assigned by the hirer to perform the duties normally performed by the first worker,

unless in either case the employment business does not, and has no reasonable grounds for knowing, that the first worker is taking part in a strike or other industrial action.

(2) Subject to subsection (3) an employer (“the hirer“) shall not procure an employment agency to supply a work-seeker to perform—

(a) the duties normally performed by a worker who is taking part in a strike or other industrial action (“the first worker“), or

(b) the duties normally performed by any other worker employed by the hirer and who is assigned by the hirer to perform the duties normally performed by the first worker,

unless in either case the hirer does not, and has no reasonable grounds for knowing, that the first worker is taking part in a strike or other industrial action.

(3) Subsections (2) and (3) shall not apply if, in relation to the first workers, the strike or other industrial action in question is an unofficial strike or other unofficial industrial action for the purposes of section 237 of the 1992 Act.

(4) For the purposes of this section an “employment business” means an employment business as defined by the Employment Agencies Act 1973.

(5) Breach of the provisions of this section shall be actionable against both the employment business and the hirer for breach of statutory duty.

(6) For the avoidance of doubt, the duty in subsections (1) and (2) above are owed to—

(a) any worker who is taking part in the strike or industrial action; and

(b) any trade union of which such a worker is a member.”

New clause 3—Statements on Bills affecting Trade Union political funds—

‘(1) A Minister of the Crown in charge of a Bill in either House of Parliament must, before Second Reading of the Bill, if the Bill contains provisions which are likely to affect the machinery of Trade Union political funds—

(a) make a statement to the effect that the Bill has been introduced with the agreement of the leaders of all the political parties represented in the House of Commons, or

(b) make a statement to the effect that the Bill has been introduced without agreement of the leaders of all the political parties represented in the House of Commons as the case may be.

(2) The statement must be in writing and be published in such manner as the Minister making it considers appropriate.”

New clause 4—Certification Officer—

For subsections (2) to (4) of section 254 of the 1992 Act substitute—

‘(2) The Certification Officer shall be appointed by the Judicial Appointments Commission, and the person appointed shall have expertise in trade union law.

(3) There shall be a Certification Officer for Scotland, equal in status to the Certification Officer in subsections (1) and (2) above.

(4) The Certification Officer for Scotland shall be appointed by the Judicial Appointments Board for Scotland, and the person appointed shall have expertise in trade union law.””

Amendment 27, page 5, line 31, leave out Clause 10.

Amendment 1, page 7, line 6, at end insert—

‘(2A) After section 85 of the 1992 Act insert—

“85A Payment of political funds directly to political parties

(1) The opt-in notice at section 84 of this Act must include a provision to permit the member of a trade union to direct the trade union to transfer the member’s political fund contributions directly to a UK political party rather than the trade union’s political fund.

(2) In this section a “UK political party” is a political party that is on the register of political parties in Great Britain and Northern Ireland maintained by the Electoral Commission.

(3) Where a trade union member indicates that his or her contributions should be transferred directly to a UK political party, the union must make the transfer within 31 days of receipt of the contributions from the member.””

This amendment would empower trade union members to direct their political fund contributions be paid directly to a political party rather than into a union’s political fund.

Amendment 28, page 7, line 11, leave out clause 11.

Amendment 37, page 8, line 17, clause 12, leave out “how many” and insert “the percentage”.

Amendment 25, page 8, line 19, leave out “total amount” and insert “the percentage”.

Amendment 26, page 8, line 29, at end insert

“and whether these are met in part or in full by a contribution from a trade union.”

Amendment 24, page 8, line 29, at end insert—

“(f) the percentage of relevant union officials whose facility time is met by a contribution from a trade union in whole or in part.”

Amendment 23, page 8, line 42, leave out paragraphs (b) and (c).

Amendment 11, page 9, line 32, clause 13, at end insert—

‘(1A) A minister shall not exercise powers under this section except to the extent that the exercise of these powers is compatible with treaty obligations.”

Amendment 12, page 10, line 37, at end insert—

‘(9A) The regulations may require an employer to take any steps under this section except to the extent that these steps are incompatible with treaty obligations.”

Amendment 13, page 10, line 45, at end insert—

“(d) (1B) “treaty obligations” means treaties of (a) the Council of Europe and (b) the International Labour Organisation, which are in force and which have been ratified by the United Kingdom.”

Amendment 5, page 11, line 12, clause 14, leave out subsection (2) and insert—

‘(2) Subject to subsection (2A), an employer is a relevant public sector employer if the employer is a public authority specified, or of a description specified, in regulations made by a Minister of the Crown.

(2A) An employer is not a relevant public sector employer so far as trade union subscription deductions are concerned where there exists an agreement between the employer and a trade union which provides for—

(a) the remittance by the employer to the trade union of those deductions, and

(b) the making of a payment by the trade union to the employer in respect of that remittance.”

Amendment 36, page 11, line 37, at end insert—

‘(8) The regulations may require an employer to take any steps under this section except to the extent that these steps are incompatible with treaty obligations, where ‘treaty obligations’ means treaties of (a) the Council of Europe and (b) the International Labour Organisation, which are in force and which have been ratified by the United Kingdom.“”

Amendment 35, page 12, line 8, at end insert—

‘(4) A minister shall not exercise powers under this section except to the extent that the exercise of these powers is compatible with treaty obligations.”

[Kevin Brennan]

I must say I thought we won the last debate, but somehow or other we lost the vote. As Disraeli said, perhaps a majority is its own repartee, but perhaps things will be different when these matters are discussed in another place.

Amendment 6 would delete clause 9 and leave picketing arrangements as they currently stand. Picketing activities are already heavily regulated in the UK by an extensive range of civil and criminal laws. Unions must comply with the requirements for peaceful pickets contained in section 220 of the Trade Union and Labour Relations (Consolidation) Act 1992 and operate in accordance with the accompanying code of practice. The Conservative Government have failed to demonstrate why the picketing provisions in the Bill are necessary or justified. The Government’s own Regulatory Policy Committee concluded that the BIS impact assessments on picketing restrictions were not fit for purpose.

The Government have made some minor concessions, which I will come on to later, but these new provisions go far beyond what is fair or necessary. In fact they were described by the right hon. Member for Haltemprice and Howden (Mr Davis) as Franco-style and I think that is an appropriate description by a Conservative Member.

The clause will introduce a new restriction on picketing activities by trade unions and their members, and failure to comply with these over-prescriptive requirements will expose trade unions to legal challenges. Employers will be able to apply to court for an injunction preventing, or imposing restrictions on, a picket or even for damages for failing to wear an armband on a picket line.

Over the summer, the Government ran a very short consultation. It was utterly insufficient given the scale of the Bill’s proposed changes. The Government sought to rely on evidence gathered during the Carr review, even though the Government’s own impact assessment confirmed that

“this evidence could not be substantiated”.

Carr decided he was unable to make evidence-based proposals or recommendations for change as originally instructed

“due to the increasingly political environment within which [he] was operating coupled with the lack of a significant enough body of evidence to support any recommendations for change”.