Trade Union Bill

Debate between Nick Boles and Ronnie Campbell

Tuesday 10th November 2015 Commons Chamber

[Nick Boles]

Thank you, Mr Speaker. I rise to support Government amendments 2, 3 and 4, and to resist Opposition amendments and new clauses.

The Government recognise picketing as a lawful activity when it is conducted in a peaceful way. We believe that when some people exercise their right to freedom of expression, it should not impact on others’ right to disagree with that view. The main requirement set out in the Bill is a statutory duty for the union to supervise picketing, in particular by appointing a picket supervisor. The picket supervisor must either attend the picket line or be readily contactable by the union and the police, and be able to attend at short notice to ensure that picketing is lawful. As you may recall, Mr Speaker, none of the measures in clause 9 is new. They reflect key aspects of the picketing code, which has been in existence since 1992; most unions have been very happy to comply with it in almost all cases. We have had no suggestions for its amendment from the Opposition, including in their 13 years in government.

Government amendment 2 deals with the requirement in clause 9 for the union to issue a letter of authorisation. I have listened very carefully to the different views expressed on this requirement. It is clear that there has been some confusion about the purpose of the letter of authorisation, its content with regard to the picket supervisor, and the entitlement to be shown it. I would like to state for the record that there was never any intention of having the personal details of the picket supervisor set out in the letter of authorisation, but given that there continues to be uncertainty about how the requirement will work in practice, we are clarifying that the purpose of the letter is to record the union’s approval of a picket related to a particular dispute.

I took on board the concerns expressed about the entitlement to see the letter, and said that I would return to this matter on Report. I assure the House that I take matters relating to data protection very seriously, and do not want to create any room for misconceived entitlement or concern about misuse of personal information. That is why we are making it clear that the entitlement to see the letter of authorisation is restricted to the employer at whose workplace picketing is taking place, or the employer’s agent. To remove any scope for the misunderstanding that the picket supervisor is required to supply their name during picketing, we have removed the reference to the constable from the clause. The police will already have been informed of the picket supervisor’s contact details following the picket supervisor’s appointment.

We have built in important flexibility; for example, the requirement should be to show the letter as soon as is reasonably practicable, to enable the picket supervisor to be at another picket line related to the trade dispute. The measures also help the employer by allowing them to ask their human resources manager or solicitor to act on their behalf. I comment the amendment to the House.

On agency workers, I simply say that new clause 1 seeks to pre-empt the Government’s response to the consultation on agency workers. The Government consultation closed in September; we are analysing responses. We will publish a response in due course, and I resist any amendment that seeks to pre-empt it.

On political funding, the Conservative manifesto on which we stood for election in May said that a future Conservative Government would ensure that trade unions use a transparent opt-in process for union subscriptions. The public rightly expect us to deliver on these promises. It would be wrong, given our mandate, for us to engage in discussions behind closed doors and agree some kind of compromise that was then presented to the public and Parliament as a done deal. Many Opposition Members believe that this change will see political funding fall for certain political parties. That betrays an extraordinary lack of self-confidence in their ability to persuade union members of the merits of supporting their party. On that basis, I do not believe the amendment is necessary.

[Mr Ronnie Campbell (Blyth Valley) (Lab)]

Will the Minister do the same with the shareholders of companies that give money to the Tory party?

--- Later in debate ---

[Nick Boles]

I am sorry, Mr Speaker; I will give the hon. Gentleman another go, because I had another message in another ear.

[Mr Campbell]

Will the Minister give that opportunity to shareholders in big companies that give money to the Tory party?

[Nick Boles]

As you will be aware, Mr Speaker, and as I am sure the hon. Gentleman is aware, any donations by public companies have to receive the approval of shareholders and are subject to the same declaration, at the exact same level, as we are proposing for trade unions, so when it comes to transparency and voting, things are equally clear.

I want to turn at some length to my hon. Friend the Member for Stafford (Jeremy Lefroy) and his arguments in support of his amendment 5. All Members will have heard a sincere and principled man making a sincere and principled argument. I say that not because he was so kind as to quote, rather awkwardly, a speech I made in a moment of delusion, but because I genuinely believe he seeks the best for the British people, British business and trade unions. I correct him on one point of fact, however: while some trade unions compensate employers for check-off arrangements, our understanding is that this relates to only 22% of check-off arrangements in the public sector.