Trade Union Bill

Lisa Cameron Excerpts

Tuesday 10th November 2015 Commons Chamber

[Victoria Prentis]

I am going to finish, if I may.

This seems to be an entirely reasonable and, more importantly, proportionate measure. There is a clear public interest in ensuring that trade unions take responsibility for the conduct of the pickets that they organise. It is only fair that the rights of those who belong to unions are balanced with the rights of hard-working taxpayers, including those in my constituency, who rely on key public services.

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)]

I must declare an interest as a member of Unite the union and a proud union representative for 14 years.

Our proposals in new clauses 1, 3 and 4 and amendments 27, 28, 37, 25, 26, 24, 23, 11, 12, 13, 36 and 35 cover a variety of areas in the Bill that pose particular difficulties for public sector workers, focusing on agency workers and political funds. New clause 1 attempts to retain within primary legislation the ban on the supply of agency workers during strikes. Legislation banning the use of agency workers to break strikes has been in place in the UK since 1973. That position is in line with the majority of other European countries, which also prohibit or severely restrict the use of agency workers during industrial disputes. Removing that ban would be regressive and it would have significant implications for all workers.

Public opinion polls also indicate that such changes are not supported by the majority of the general public. The SNP therefore supports new clause 1, which aims to retain in primary legislation the ban on the supply of agency workers during strikes. Although the Bill does not specifically include provisions for that measure to be repealed, the Government have been consulting on draft legislation that would allow that to happen. Adopting our proposal would therefore be a failsafe against that occurring in future.

[Chris Stephens]

Does my hon. Friend agree that part of the difficulty is that the current penalty for an employer who hires agency workers to break strikes is very weak indeed? We need primary legislation to stop that practice.

[Dr Cameron]

I agree with my hon. Friend. It is also extremely important with regard to safety, including that of the public, which I will come on to discuss.

Repealing the existing prohibition on hiring agency staff to replace workers participating in industrial action fundamentally undermines the right to strike. It reduces the impact of strike action and upsets the power balance between workers and employers. It has also been argued that it is relatively ineffective with regard to dispute resolution, as it serves only to prolong the dispute, delay resolution and embitter industrial relations.

At a time when we are trying to encourage the living wage, the measure is also likely to drag down pay and working conditions for workers right across the country. It could have adverse implications for the agency workers themselves, as it would place them in a stressful environment.

Introducing inexperienced workers to take on the role of the permanent workforce in a workplace with which they are not familiar also has significant implications for health and safety and for the quality of services. That will impact both on those workers and on the public at large, who may utilise those services.

Those matters appear to be of particular concern to the public. A recent YouGov poll found that 65% of those surveyed were against bringing in temporary agency workers to break public sector strikes, and more than half said they thought it would worsen services and have a negative impact on safety. Only 8% indicated that they believe that hiring agency workers during strikes would improve services.

Unlike the UK Government, the SNP believes in a modern and progressive approach to industrial relations and to trade unionism, which is at the very heart of being able to achieve fair work. We recognise that no one wants strikes, but the way to avoid them is not to promote confrontation by legislating them out of existence. The right way is to pursue a relationship, in partnership with both workers and employers, based on respect and co-operation.

[Neil Gray (Airdrie and Shotts) (SNP)]

Would it not be better for this Government to value the work of our public sector workers in particular, rather than to undermine the role they play by bringing in agency workers to break strikes?

--- Later in debate ---

[Dr Cameron]

I agree with my hon. Friend. Workers who feel valued are much more likely to increase productivity and boost the economy.

New clause 3 would provide that, before the Government could introduce a Bill that would affect trade union political funds, they must first publish a statement specifying whether the Bill was being introduced with or without the agreement of all political parties represented in the House of Commons. The aim is to encourage the Government to seek political consensus with other political parties before introducing legislation that interferes with the ability of unions to engage politically.

Unions that wish to contribute to political parties or to engage in certain political activities, as defined by section 72 of the Trade Union and Labour Relations (Consolidation) Act 1992, must establish a political fund. Before doing that, unions are legally required to ballot their members on whether they agree to the union maintaining a political fund through a political fund resolution.

Clause 10 will restrict unions’ right to freedom of association and their ability to engage in political debates. The provisions will place huge administrative burdens on unions, and may reduce the level of contributions raised, as has been the case in Northern Ireland. Currently, union members have the right to opt out of their subscriptions being used for political fund purposes, and they are not required to renew their opt-in. The proposals in clause 10 exceed the duties that apply to companies when making political donations. It is widely known that opt-in processes reduce participation. Amendment 27 seeks to remove clause 10 from the Bill completely, as it will undermine unions’ freedom of association.

--- Later in debate ---

[Tom Blenkinsop]

They amalgamated with the Confederation of Health Service Employees, as my hon. Friend says. The legislation does not recognise internal agreements that have been reached over decades.

[Dr Cameron]

The hon. Gentleman makes an excellent point. I would add that we heard testimony from witnesses in the Public Bill Committee on the very good work that unions contribute in terms of political donations to campaigns.

Amendments 11 to 13 to clause 13 attempt to limit the ability of Ministers to use their powers under the Bill where such powers are in breach of treaty obligations by stating that the powers cannot be used unless they are “compatible with treaty obligations” arising from the Council of Europe and the ILO. The cap on facility time will reduce the capacity of trade unions to represent their members and resolve disputes in the workplace before they escalate. According to the TUC, there is a risk that the proposal for a cap could conflict with EU law protecting the rights of health and safety reps to have paid time off for their duties and training; the rights of union representatives to have paid time off and office facilities during consultations on collective redundancies and outsourcing; TUPE rights; and even rights under general information and consultation arrangements covered by the information and consultation of employees regulations.

Amendments 35 and 36 also attempt to limit the ability of Ministers to use their powers under the Bill where such powers are in breach of treaty obligations by stating that the powers cannot be used unless they are “compatible with treaty obligations” arising from the Council of Europe and the ILO. Clause 14 will prevent all public sector employees from deducting union subscriptions via payroll. That will make it harder for individuals, including lower-paid workers, to access union representation in the workplace. The TUC is concerned that clause 14 will apply only to trade unions, not to staff associations. That suggests that the Government want to make it harder for people to join trade unions and to access the benefits of trade union membership, including effective representation in the workplace and specialist advice on employment rights, health and safety, and other work-related issues.

Under clause 14, the Government will be able to introduce regulations imposing a ban on check-off arrangements across the entire public sector. In particular, the plans to impose changes to collective agreements voluntarily made by employers and unions do not comply with ILO standards. Minister Roseanna Cunningham made it clear during the evidence sessions that the Scottish Government do not support the proposed ban on check-off arrangements. In recent weeks, more than 50 local authorities, NHS employers and employer organisations have criticised the Government’s plans to ban check-off arrangements in the public sector.

The Government claim that the proposal will save taxpayers up to £6 million. However, many unions already cover the cost of check-off services, as has been said. In some cases, fees charged by public sector employers for check-off provision generate a net gain. Another great concern that was raised in Committee was that legal challenges to the Government could cost the public purse.

Amendment 5, which was tabled by the hon. Member for Stafford (Jeremy Lefroy), provides that the ban on check-off arrangements would not apply to public sector workplaces where the employer and the relevant unions had an agreement. We support that amendment.

In conclusion, this debate is about people, their lives, their pay, their conditions and their safety in their workplace. It deserves to be paid the utmost respect by Members in all parts of the Chamber.