Trade Union Bill (Seventh sitting) Debate
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Stephen Doughty
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Trade Union Bill (Seventh sitting)
Stephen Doughty Excerpts(8 years, 6 months ago)
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The Chair
Before we begin, would everyone ensure that all electronic devices are switched off or set to silent mode? That goes for members of the public as well. I point out to both sides of the Committee that we are only on clause 8. We have 22 clauses and a heck of a lot of business to get through. There are a lot of Government and Opposition amendments to deal with, and we have four sittings of the Committee left.
I say to the Opposition that this is an opportunity for them to highlight the key components of the Bill, get the message out there and seek change. I say to the Government that this is an open-ended Committee stage, and if we do not advance enough, an application may be made for an extension of Committee time. I would not like to see that happen. We need to get to the point and have less repetition, although we know it is warranted by both sides of the argument. It is essential that we speed up a little bit if we are to deal with the issues at hand, because I know there is some quite big stuff coming at the end of our considerations. Without further ado, we will continue line-by-line consideration.
Clause 8
Expiry of mandate for industrial action four months after date of ballot
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
I beg to move amendment 75, in clause 8, page 4, line 16, after “Subsection 1” insert
“and section 233(1) (a) of the 1992 Act, as amended by this Act”.
The amendment would ensure that any re-ballot or renewal of mandate, or the first ballot, is not prejudiced in any way by any unofficial action that may have taken place.
I take on board what you said, Sir Alan, and will attempt to move at a brisk pace to make progress. However, this Bill has very serious implications, and we need to ensure, as the Opposition, that it receives adequate scrutiny, particularly given many of our objections to it.
Amendment 75 is a probing one, to understand the implications of unofficial actions that may have taken place for a union’s ability to conduct subsequent ballots. The law currently prevents a union from running a ballot for industrial action if its members have previously taken unofficial action, or what some would determine “wildcat” action, in a dispute. That can limit a union’s ability to seek to resolve an ongoing trade dispute and ensure that its members’ democratic wishes are given effect. The amendment would ensure that a prior unofficial call to action would not prevent the union from running a subsequent ballot.
Obviously, I do not condone unofficial actions or actions outside the law, but we need to accept that they take place. We have explored many circumstances in our considerations of the Bill in which wildcat action may in fact be encouraged by the Government’s legislation. I do not want that to happen, and I am sure the Government do not want that to happen, but it is a potential consequence.
It is important that we understand the implications of unofficial action for trade union members engaging in legitimate ballots and wanting to have legitimate discussions about action they might take. Will the Minister clarify the impacts of any unofficial action that takes place before a first ballot or between a first ballot and any subsequent reballoting? We discussed the timing of that at great length, but I would like some clarification.
The Minister for Skills (Nick Boles)
I will endeavour to be as pithy as I can. The merest raised eyebrow on your part, Sir Alan, will cause me to sit down quickly.
I appreciate the shadow Minister’s desire to ensure that the occurrence of any unofficial industrial action does not affect a union’s ability to rely on a mandate that it has legitimately secured or to seek a further such mandate. I hope to provide him with assurance on that point.
In order to have the support of a ballot and for the union therefore to benefit from legal protection, a number of provisions first need to be satisfied, one of which is that industrial action has to be called by a person specified or specifically described in the voting paper—that is to say, a union. That ensures that any industrial action not under the control of the union can be subject to legal action by an employer, which is necessary to prohibit so-called wildcat strikes and to prevent such disputes from snowballing. The fact that unofficial industrial action is not legally protected does not affect a union’s ability to secure a valid ballot mandate or to call official industrial action on the basis of a valid ballot mandate. That is the current position, and the Bill does not alter that. I trust that that assists the hon. Gentleman, and I ask him to withdraw the amendment.
Stephen Doughty
I thank the Minister for that clarification. It is helpful to have it read into the record. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question put, That the clause stand part of the Bill.
Stephen Doughty
I beg to move amendment 26, in clause 9, page 4, line 37, leave out
“or encourages its members to take part in,”.
With this amendment, I hope to cover some of the Opposition’s concerns about clause 9. We have also tabled a series of other amendments, and we look forward to hearing the arguments of Scottish National party Members on their amendments in due course.
We come to the “Franco-style” sections of the Bill. They are not my words, but those of the right hon. Member for Haltemprice and Howden (Mr Davis). This clause, above all others, has served as a recruiting sergeant to those outside this place who are implacably opposed to the Bill. The Government’s own Regulatory Policy Committee condemned it, and a coalition of concerned leading civil liberties groups—Liberty, Amnesty International and the British Institute of Human Rights—gave extensive evidence, including in oral form, to this Committee, and said that they have many concerns about this part of the Bill. The clause, which has all the hallmarks of being penned in the Secretary of State’s hand, would be unforgivable at the best of times, but on the 800th anniversary of Magna Carta, the document embodying Britain’s most fundamental freedoms, I believe it represents an alarming and daring attempt by the Government to stifle the legitimate rights of ordinary working people.
The clause will introduce a new restriction on picketing activities by trade unions and their members. Any failure to comply with those overly prescriptive requirements will expose trade unions to legal challenges. Employers will be able to apply to court for an injunction to prevent or impose restrictions on a picket, or even for damages if, for example, a picket supervisor fails to wear an armband or inadvertently misplaces their letter of authorisation. I am sure we will discuss the specifics of some of those issues in due course.
If hon. Members thought the Government’s proposals stopped there, they would be wrong. Over the summer, the Government ran a very short consultation. We have already discussed the concerns that many of those affected by the clause have about the consultation process, which many echoed in oral evidence. They said that on this issue, in particular, the consultation was insufficient, given the scale of the changes.
The TUC highlighted a range of additional restrictions on union pickets and protests, including—these were mentioned in the consultation—a requirement that unions publish picket and protest plans 14 days in advance, detailing where, when and how they plan to protest and whether they propose to use social media, Twitter and Facebook accounts to draw attention to their campaign. We heard the concerns of my hon. Friend the Member for Gateshead about the potential for secondary tweeting and wildcat Facebook action. We can have some fun about this, but the reality is that it is very serious because there are significant implications for police time, as we heard in the police evidence. In my view, it simply does not make sense.
There are also new criminal offences prohibiting intimidatory conduct on picket lines, even though such an offence already exists. Again, I clarify that we in no way condone intimidatory and inappropriate actions by individuals involved in protest or picketing. Those actions need to be dealt with appropriately, but the fact is that those offences already exist.
We understand that the Government are considering whether to direct local authorities to use antisocial behaviour orders against union members participating in pickets and protests. I have always been a big supporter of ASBOs, but they were designed with specific behaviour in mind. To extend them to activities that are—
Nick Boles
On a point of order, Sir Alan. The hon. Gentleman is referring to a whole lot of questions that were asked in the consultation document, none of which has any application to any of the clauses in the Bill or any of the new clauses or amendments tabled by the Government. Is it in order to discuss a whole lot of entirely speculative questions that are not dealt with in the Bill?
The Chair
Minister, how the hon. Gentleman approaches the amendment is down to him. I ask him to be concise in his endeavour to search for the truth, or falsehood as it may be. However, it is his time and he is moving the amendment, so he is in order.
Stephen Doughty
Thank you, Sir Alan, for that clarification. Of course, if the Minister did not want me to stray on to that type of territory, it would have been helpful if the Government had published their responses to the consultations. They undertook many consultations over the summer, but we have not seen the responses to them. We have not seen secondary legislation. We have not had a lot of the clarity that is required. We are being asked to discuss the Bill and its implications largely in the dark. There were whispers from some in the media that the Government planned to withdraw some of these changes. So that we do not discuss things unnecessarily, it would be helpful if the Minister clarified those issues in his remarks.
As I have said before, what question are these proposals trying to answer? Picketing activities are already heavily regulated in the UK by an extensive range of civil and criminal laws. Trade unions must comply with the requirements for peaceful pickets in section 220 of the Trade Union and Labour Relations (Consolidation) Act 1992 and act in accordance with the accompanying code of practice. Unions and their members are also—this is very important—subject to a range of laws on public order, highways, protection from harassment, criminal damage and so on. It is a criminal offence already for pickets to use violence or intimidate individuals or their families, to follow individuals from place to place, to hide work tools and to watch and beset an individual. Those are certainly not activities that I or any Opposition Member would endorse, but they are already covered under the law.
The view from the police representatives—from the Police Federation and from the National Police Chiefs’ Council—during the oral evidence sessions was clear. They do not see a need for these extra powers and, if the Government introduce them, that carries a significant risk of stretching their limited resources further still.
The Government, just as the London Fire Brigade representative did in his submission, have sought to rely on evidence gathered during the recent Carr review, even though the Government’s own impact assessment, on page 5, confirmed that
“this evidence could not be substantiated.”
Further to that, Carr decided that he was unable to make evidence-based proposals or recommendations for change as originally instructed because of
“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.”
The Department for Business, Innovation and Skills consultation document acknowledged that most pickets conform to the guidance set out in the existing code of practice. The RPC’s recent review of the Government’s impact assessment found that
“there is little evidence presented that there will be any significant benefits arising from this proposal”.
Leading civil liberties groups, which I have already mentioned, recently issued a joint statement criticising the Government’s proposals. They stated:
“The government’s plans to significantly restrict trade union rights—set out in the Trade Union Bill—represent a major attack on civil liberties in the UK…Taken together the unprecedented measures…would hamper people’s basic rights to protest and shift even more power from the employee to the employer. It is hard to see the aim of this bill as anything but seeking to undermine the rights of all working people.”
At a time when, in the words of my hon. Friend the Member for Birmingham, Erdington (Jack Dromey), the thin blue line is being stretched thinner and thinner, the Government’s proposals risk diverting scarce police resources from tackling serious crime. I deal with, for example, many issues relating to extremism. I have had examples of that in my constituency. We have had lengthy discussions with the Government about the policing of the activities of extremists on social media and so on. That is where police efforts should be directed; they should not be directed towards matters such as this, which are already covered under existing provisions. As I said, the existing law provides for the police to crack down on illegality and breaches of the peace, all the while protecting the rights of trade union members to engage in peaceful picketing at the entrance to their workplaces. I fear that the Government are seeking to stack the deck against those who want to take part in peaceful, lawful pickets, by moving the goalposts, potentially placing those people outside the law. That, fundamentally, is why we will oppose clause 9.
Nick Boles
I do not have that information to hand, but I am happy to write to the hon. Lady, and obviously to copy in the rest of the Committee, on that question.
The appointment of a picket supervisor comes from the code; it is not new. The other provisions in the code will continue to guide the picket supervisor and the pickets to ensure that the conduct of picketing is peaceful. Where the picketing is peaceful, the union’s statutory immunity will not be compromised. I make it clear that an individual who breaks the law on the picket line is responsible for their own actions—the union is not responsible—but it is important that we take steps to ensure that picketing activity does not resort to intimidation in order to obtain support for a dispute.
The amendment would instead limit the appointment of a picket supervisor only to picketing that is organised directly by a union. Surely there should be no distinction between whether the picketing is organised or supported by a union. The law should apply to all picketing, without exception. The amendment would undermine the intended purpose of this clause by allowing a union to encourage picketing activity among its members without the supervision that I believe is necessary for the reasons I have set out.
The hon. Gentleman asked a specific question on whether the clause will prevent a union from expressing, online or somewhere else, solidarity in general terms with industrial action conducted elsewhere in the country, possibly by another union at an employer where the union expressing solidarity is not involved. The answer, of course, is no—that is freedom of speech—but where a union is encouraging picketing activity among its members without supervision, the application of this clause will be necessary. I hope that he will withdraw his amendment.
Stephen Doughty
We will discuss some of the other issues on this subject in detail when we consider the following groups of amendments. I appreciate the Minister’s clarification on the specific question that amendment 26 seeks to address.
There is a fundamental problem here, and I hope the Minister will elaborate on it in his further comments. What evidence base is he using when he talks about these examples of intimidation? No Opposition Member condones intimidation or other such activities—indeed, people carrying out such activities should be prosecuted under existing laws—but what percentage of overall picketing activity in the past year or five years does he believe has resulted in such activity? My hon. Friend the Member for Cardiff Central made a good point, and we have also heard a good point on the dispute between the London fire brigade and the FBU. The commissioner could not give us facts on whether FBU members had been arrested or prosecuted, but I understand that an agency worker was in fact arrested for potentially violent actions towards an FBU member. There is a big problem with the way in which this issue has been characterised.
The Royal College of Midwives was clear on the implications of this clause and the associated provisions:
“We believe the intention is to frighten and confuse midwives from exercising their right to protest for fear that they will make a simple mistake and be prosecuted.”
I am glad for the Minister’s clarifications, but we need to consider the overall impact of this clause and the related provisions.
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Chris Stephens
I beg to move amendment 104, in clause 9, page 5, leave out lines 1 to 13 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.”.
Stephen Doughty
The hon. Gentleman is doing an excellent job as a member of the Night’s Watch, because clearly winter is coming for the trade union movement; that is very much what the Bill is about. I support many of the arguments that he has advanced about the implications in relation to policing around pickets. Were he to press amendment 104 to a vote, he would gain our support, because as he has said, unions are more than willing, as things stand, to co-operate with the police during picketing activities, but if the clause is passed as drafted, there will be many vulnerabilities—for example, in relation to whether people are able to show the letter of authorisation; they may have misplaced or lost it. These are very significant legal changes, and the amendment is straightforward. Essentially, it is asking police officers to follow, when asking to see a letter of authorisation, basic formal processes that simply mirror the Police and Criminal Evidence Act guidelines, so it would certainly enjoy our support.
Let me speak to our amendments 28 and 29. Amendment 28 would require trade unions to inform the chief constable of the identity of picket officers, rather than, as the Bill states, the police more generally. That is because it is unclear at the moment whom the trade union would be expected to inform under the Bill and it is excessive and unjustified that trade unions should be legally required to inform the police more generally of the picket supervisor’s name and contact details, which could deter responsible individuals who might otherwise have been willing from volunteering to co-ordinate pickets.
Worryingly, there could be risks for the police in being expected to compile and retain information about trade union activists. That brings into consideration the concerns expressed about blacklisting. It was important that we heard what the police representatives had to say. The police do not want to be put in the middle of this. They do not want to be in the invidious position of being expected to enforce and interfere in this way as an arm of the state when their role is to police by consent and act in a neutral way to ensure that all the individuals’ rights are respected. I certainly believe that the clause would result in excessive monitoring of union activities and is likely to breach trade union members’ rights to privacy as protected by article 8 of the European convention on human rights.
Those are not idle concerns. They have been resoundingly explored, particularly by UCATT in the construction sector, but also by others, who have shown what has happened in the past in relation to blacklisting. I would therefore like to understand from the Minister when he responds to the amendments why the Bill is drafted such that it has this very general definition of “the police”. Does he not accept that there are serious implications not only for the police but for those attempting to comply with the law if it remains in that general state?
Amendment 29 would remove the requirement on unions or the picket supervisor to inform the police of where the picketing will be taking place. The reason for that is not that we do not believe that people should know where picketing is going to take place, but because the 1992 Act already provides that picketing must take place
“at or near the place of work”.
That is a pretty specific definition; it is pretty clear. And why would pickets want to be occupying a place not outside the workplace where the dispute is taking place anyway? I believe that the additional requirement is unnecessary and there is a risk that unscrupulous employers will mount legal challenges if the trade union does not provide a very specific, accurate location or if the picket has to move a short distance. I can foresee that if a picket had to move from one location to another because of inclement weather, or to ensure access along a road or so on—the picket is trying to be reasonable, comply and do things sensibly—an employer acting in a vexatious manner might mount an injunction or challenge because the exact location was not specified as required in the Bill. I hope that the Minister will comment on that.
Ian Mearns
The Minister said in his intervention that many of the suggestions in the consultation do not appear in the Bill, but does my hon. Friend share my concern that, even so, they could come forward subsequently as regulations?
Stephen Doughty
Indeed, I do share that concern, because, as we have seen, the Government have not published the regulations in respect to the Bill and they have not published the consultation responses. It is clear that they are trying to bring about much of this in as much darkness as possible. That is of great concern to all those who will be affected.
In conclusion, I re-emphasise that we will be happy to support the hon. Member for Glasgow South West should he seek to press his amendment.
Nick Boles
Before I move on to the detail of the amendments, I will highlight again that the main requirements of the clause relate to provisions that are already in the code of practice on picketing, that they have been in that code since 1992 and that almost all unions since then have seemed to be perfectly happy to abide by them. In relation to police contact, the code says:
“Whether a picket is “official” or “unofficial”, an organiser of pickets should maintain close contact with the police…In particular the organiser and the pickets should seek directions from the police on the number of people who should be present on the picket line at any one time and on where they should stand in order to avoid obstructing the highway.”
The code goes on to say:
“He should have a letter of authority from his union which he can show to the police officers or to the people who want to cross the picket line.”
Obviously it was drafted when there was less recognition of the possibility of a female picket supervisor. We might want to amend that in future.
Stephen Doughty
I beg to move amendment 27, in clause 9, page 5, and line 2, leave out from “union” to the end of line 3.
The Chair
With this it will be convenient to discuss the following:
Amendment 30, in clause 9, page 5, line 11, leave out subsection (6).
Amendment 31, in clause 9, page 5, line 14, leave out subsection (7) and insert—
‘(7) A picket supervisor must take reasonable steps to be contactable by the union and the police, and be able to attend in person given reasonable notice.”.
Amendment 32, in clause 9, page 5, line 14, leave out subsection (7).
Amendment 33, in clause 9, page 5, line 18, leave out subsection (8).
The amendment would remove the requirement for the picket supervisor to wear identification.
Stephen Doughty
I detect a chink of summer in the Minister’s comments, particularly on what he said about reflection and the interesting revelation that people could communicate with the police electronically.
Nick Boles
I just thought that the hon. Member for Sunderland Central asked such a cunning question. I am sure she will be delighted to have it confirmed that the picket supervisor can inform the police by any means of written communication.
Stephen Doughty
That is indeed revealing. I hope that sets a precedent for discussions we might have in due course. [Interruption.] Let us see where we go. Perhaps we can persuade the Minister. We will need more clever questions.
Chris Stephens
I assume the Minister believes that emails in relation to picketing will be safe and secure.
Stephen Doughty
Perhaps the Minister would like to confirm that in his remarks. Before we discuss the amendments, I want to reiterate the point at the heart of the debate. As the Minister says, we already have the picketing code, which many people comply with, and we have been clear that many of the potential offences that the Minister seeks to avoid are already covered in law. My fear is—I genuinely ask the Minister to reflect on this—that whatever the Government’s intentions are, the reality is that others will seek to exploit parts of the Bill as drafted to make the rights of others illusory.
We heard from Liberty in the oral evidence sessions that many aspects could be used by others to try to bring injunctions and proceedings. Ultimately—this goes back to our debate on the gagging law—many are frightened about potential non-compliance with the law. The RCM made that clear:
“We believe the intention is to frighten and confuse midwives from exercising their right to protest for fear that they will make a simple mistake and be prosecuted.”
That is the fear of many people who are not experts in trade union law and the existing legal provisions. Let us remember that the overwhelming majority of those who engage in such activities would never contemplate the intimidation or other unsavoury activities that the Minister outlined.
Amendment 27 would remove the requirement that the picketing supervisor must be a person familiar with the provisions of the code of practice on picketing. It is not that I hope that people are not reading and understanding it, but I believe that that requirement is excessive and creates a risk that unions could again be exposed to legal challenges because a picket supervisor could not answer a random question about the code of practice even though the picket activities they were supervising were peaceful and otherwise lawful. I would appreciate clarity from the Minister about the intention behind this measure, because it could be misused by those who would seek to make rights illusory.
Amendment 30 is on the letter of authorisation. It would remove the requirement on picket supervisors to show their letter of authorisation to constables who ask to see it. We have discussed that already, but I have concerns that the interaction between a police officer—a “constable” as defined in the Bill—and an individual could form the basis of a future legal challenge by the employer and that that could again put the police in an invidious position. The hon. Member for Glasgow South West covered the circumstances in which others could demand to see the letter. Fascist organisations or others could seek to use potential loopholes in the Bill to cause frustration to those going about exercising their rights reasonably.
Amendments 31 and 32 are important. Proposed new section 220A(7) of the Trade Union and Labour Relations (Consolidation) Act 1992 will place a duty on picket supervisors to be either constantly present at a picket or able to attend at short notice. The Opposition believe that that would place an onerous responsibility on picket organisers, especially when pickets are scheduled to take place overnight as well as during the day, so the amendments would remove that requirement. Here again there is potential for a really unreasonable requirement to be placed on those who otherwise seek very much to comply with the spirit and intent of the existing code of practice and this law if it is to be enacted. I would appreciate the Minister’s comments on those points.
Nick Boles
I am grateful that the hon. Gentleman has given me the opportunity to explain how the code of practice works and why we think it is appropriate to ask for familiarity with it. The code has been in place since 1992. It sets out the principles and the legal requirements that underpin picketing, and it sets out guidance that, if followed, will mean that the picketing will be considered peaceful. To my knowledge, these provisions have not given rise to concern for the past 20 years or so.
The Bill requires the picketing supervisor to be familiar with the code. In the Government’s view, familiarity with the code represents sensible and practical preparation for someone about to undertake the role of picket supervisor. However, familiarity does not mean an ability to quote verbatim every single provision of the code; it means a broad familiarity with the provisions of the code and the reasonable requirements it places. The code itself is not onerous. It has not given unions cause for concern, so we believe that a supervisor’s familiarity with it is helpful and supportive of the shared aim of peaceful picketing.
Let me move on to amendment 30. As I said, clause 9 introduces the statutory requirement to appoint a picket supervisor and to issue that person with a letter of authorisation so it is clear that the picket is lawful. Removing that requirement, as proposed by the hon. Gentleman, would make it more difficult for unions to show that they have complied with the requirement to appoint a supervisor. It may also cause confusion on the picket line about whether the picket supervisor has indeed been appointed and whether the picket is legal.
We are aware of the sensitivities around union membership. I would like to underline the fact that the entitlement for any other person to be shown the letter is currently restricted to those with reasonable cause, and in my view that arguably means the employer at whose workplace the picketing will take place. It would be very difficult for a random passer-by to show reasonable entitlement. However, I am grateful for the hon. Gentleman’s explanation. I will reflect on the concerns raised, and I will return to this issue on Report.
Nick Boles
As I have indicated, we will return to this issue on Report after reflecting on it. That is a very helpful contribution, and I will ensure our reflections take it into account.
Amendment 31 is on the requirement for the picket supervisor to be present or able to attend at short notice, and to be readily contactable. The hon. Member for Cardiff South and Penarth proposes a new text that supplies a reasonable test of those requirements and removes the phrase
“While the picketing is taking place”.
Let me explain how the provision should work in practice. The current legal text balances a clear statutory requirement with allowing sufficient flexibility for it to work in the real world. It does that by enabling the picket supervisor to be absent, provided that he or she is able to attend at short notice, which is why it is linked to the requirement for the picket supervisor to be readily contactable by the union or the police. The effect of these measures is that the picket supervisor does not need to be present at all times. In fact, they positively enable the picket supervisor to be absent, provided they are able to attend at short notice if necessary.
I am concerned that the hon. Gentleman’s amendment would result in the requirement becoming legally less clear. A lack of legal clarity will likely result in more litigation and higher legal costs, most probably for unions.
Stephen Doughty
I appreciate the Minister’s very helpful clarification. For the record, can he state what he believes short notice would mean, in general terms? Would the picket supervisors have to turn up within 15 minutes, or would they have a couple of hours for travel if, for example, they had gone home for the night and had to come back? We need to recognise the practicalities.
Nick Boles
What I might do is move on to amendment 32 and come back to that point after I have taken a bit of in-flight advice.
Amendment 32 would entirely remove the requirement for the picket supervisor to be present or readily contactable. It is important that one or other of those positions is the case, because the picket supervisor will act as the main point of contact to ensure picketing remains peaceful. The Government want to tackle the intimidation of non-striking workers, and the appointment of a picket supervisor to oversee picketing is an entirely appropriate and proportionate way of ensuring that unacceptable behaviour on a picket line does not occur. It will ensure consistency in the way picketing is conducted, and ensure that picketing remains peaceful, as currently required by law. Removal of the requirement for the picket supervisor’s presence or their ability to be contacted to return would render the requirement for union supervision ineffective.
I move on to amendment 33, while I still wait for inflight advice.
Nick Boles
I thank the hon. Gentleman. I think I did make it clear that it needs to be any means in writing, though his last example provides an interesting question. Nevertheless, the position would be any means in writing.
I was waiting for in-flight advice and I fear that the hon. Gentleman is not going to be any more satisfied than I am by the advice that I have received, which suggests that short notice means that the picket supervisor needs to be there promptly to deal with issues should they arise. The real point is whether we are opening up to greater legal challenge than is currently the case. Therefore, the question is, does “short” provide more or less clarity than “reasonable”? My argument is that “reasonable” is more capable of multiple interpretations, and therefore debate, challenge and legal costs, than “short”, which does have a common meaning in the English language that we all understand. Of course, it will inevitably depend on the circumstances and the particular situation of the picket. If it is held in the middle of the night, “short” would probably be interpreted differently from how it would be if held during working hours. I think it is better to stick with “short” rather than move to “reasonable”.
Finally, because I am worried that I am taking too long, Sir Alan, I move on to amendment 33. Clause 9 requires the picket supervisor to be easily identifiable as such to the pickets, the employer and other workers. It presents clear, tangible confirmation that the union has complied with the picketing supervision requirements and provides a clear point of contact on the picket line. Therefore, it creates confidence that there is someone who is familiar with the code and who supervises the picket so that it is conducted peacefully.
Wearing a badge or another identifiable item of clothing will balance our objective to ensure that picketing can take place in accordance with the right to assemble, while providing confidence for non-striking workers to be able to go into work. That balance is what is important here.
I point out that the code suggests that all people on the picket should have some kind of badge or identifiable piece of clothing. That is not something we have had objections to over the years, but we feel it would not be reasonable to require that in statute of everyone. Given the picket supervisor’s particular function and responsibilities, it seems reasonable to require that. They do not have wear armbands. A badge, a baseball cap—I am sure we can think of many ways for people to identify themselves as picket supervisors.
Stephen Doughty
Before the Minister concludes, I hope he understands the serious concerns around this and the potential implications, and why it has been a matter of contention, given the historical persecution of trade unionists. It would be helpful in relation to all these amendments if he was clear. He has indicated this broadly in his remarks, but will he be clear that nothing that the Government propose to do here is intended to serve as a litigator’s charter for people who would not reasonably be required to be a party to any of these disputes? I hope he is reflective and considers some of the matters, but would he please be crystal clear for the record, because it will be important for how the Government’s intent is considered in future?
Nick Boles
I am happy to offer the hon. Gentleman that reassurance. We are very pleased that most unions in most cases are happy to abide by the provisions of the picketing code. We simply want to make it clear that the code should be abided by in those few local situations, of which the unions perhaps do not have knowledge, where it is not. We certainly do not want to be opening up greater opportunity to challenge legitimate strikes or industrial action that have been arrived at through legitimate ballots. On that basis, I ask the hon. Gentleman to withdraw the amendment.
Stephen Doughty
I appreciate the Minister’s comments and am glad that he appears to be in a reflective mood. I am content to withdraw the amendment, but I will do so on the basis that the Minister and the Department will consider the matter carefully. If additional clarification can be provided on the face of the Bill, on Report or elsewhere, that would be welcome. Otherwise, Opposition Members or our colleagues in the other place may want to return to the matter. The legislation needs to be crystal clear. This part of the Bill has some serious implications, and they must be clear in law. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question put, That the clause stand part of the Bill.
Stephen Doughty
I beg to move amendment 34, in clause 10, page 5, line 39, leave out
“has expired under subsection (2) or”.
The Chair
With this it will be convenient to discuss amendment 35, in clause 10, page 5, line 43, leave out from “unless” to the end of line 5 on page 6 and insert “it has been renewed”.
The amendment would define an opt-in notice as expired if on its expiry date it had not been renewed.
Stephen Doughty
We are starting to make some progress through some meaty issues. Clause 10 deals with the Government’s extensive proposals around political funding and how unions operate. We discussed such matters at length on Second Reading. We heard significant evidence from the Trade Union and Labour Party Liaison Organisation and from several unions that contribute to and maintain political funds. Although there was some japery from Government Members during that evidence session, it is important to understand the historical significance of the Government’s proposals, which go well beyond what even previous Conservative Administrations have considered and well beyond the bounds of cross-party consensus on political funding. The existing legislation governing trade unions that want to contribute to political parties or engage in certain political activities is clear, rigid and tough, and rightly so. The Opposition would not want it any other way and neither would the trade unions or the trade union members with whom I have spoken or who have given evidence.
As defined by section 72 of the 1992 Act, a trade union wishing to undertake such activities must establish a political fund. Before doing so, trade unions are legally required to ballot their members to ask, through a political fund resolution, whether they agree to the union maintaining a political fund. Trade unions are also required to ballot their members every 10 years to determine whether the trade union should retain the political fund. Union members currently have the right to opt out from their subscriptions being used for political fund purposes. Let us be clear that that relates not only to union subscriptions or affiliations to the Labour party, but to all the activities covered by political funds. Members can opt out at any time. It is important that the Committee understands that, because the idea that unions are somehow giving this money away with members having no democratic role is simply not the case.
The Government’s proposals in clause 10, however, replace that arrangement with a new requirement on union members to opt in every five years if they agree to their subscriptions being partly used to fund political parties or, as could be encompassed by the Bill, party political campaigns. Union members will retain the right to opt out from paying into the political fund at any point.
The Minister said earlier that I was potentially pre-empting comments that he was going to make, and I might do so again now. He might try to dress up the clause as an attempt to bring things into line with the situation in Northern Ireland, but it is important for the Committee to understand that it goes beyond the current practice there, which requires union members to agree to paying into the political fund only once. They are not required to renew their opt-in.
The Minister might also try to argue that the clause is about levelling the playing field with the duties that apply to companies that make political donations, but, again, it goes well beyond that. Part 14 of the Companies Act 2006 requires companies to get the authorisation of a shareholder resolution before making political donations of £5,000 or more. However, shareholders do not have a right to opt out of company political expenditure, and nor is there an opting-in arrangement.
At the risk of sounding like a broken record, I ask again: what is the Government’s real intention? Committee members should be left in no doubt that the purpose of requiring trade union members to opt in to political funds as required by the clause is simply a nakedly partisan attack aimed at damaging the finances of the Labour party. Such a move is designed to ensure the inevitable by gifting the Conservative party an ever greater financial advantage than is already the case.
Chris Stephens
I would argue that it is more sinister than that. Does the shadow Minister agree that the clause is also about a trade union’s capacity to use its political fund for general campaigning?
Stephen Doughty
Indeed, I believe that to be the case. I have heard some clear evidence from unions that maintain political funds and, although affiliated to the Labour party, undertake other activities, as well as from those that are not affiliated to the Labour party but maintain political funds. The Government have already taken forward extensive regulation relating to the Political Parties, Elections and Referendums Act 2000, the gagging Act and so on. A lot of unions believe that activities will fall under those provisions and are worried about how they will comply.
James Cartlidge (South Suffolk) (Con)
Will the hon. Gentleman clarify something? He seems fearful that the clause will result in less funding for the Labour party, but if that is the case, there must be people who are currently donating through this mechanism but do not want to.
Stephen Doughty
It certainly will lead to less money for the Labour party—that is very clear—but not because people do not want to give money. Union money is some of the most transparent and openly gifted in politics. Were I to discuss the funding of the Conservative party at length, I am sure you would rule that out of order, Sir Alan, but it well merits a debate on the Floor of the House. If I remember correctly, in the previous Parliament, the former Member for Banbury could not read out his entire Register of Members’ Financial Interests because it would have taken him longer than the 10 minutes he was allotted.
The fact is that the Government are seeking to frustrate the genuine giving of money to political funds, some of which is then used to contribute to the Labour party. The reality is that people lead busy lives or, for example, are part of a widely dispersed workforce, as USDAW made clear to me. The fact that the transitional period to comply with one of the most major changes in trade union law for generations is only three months underlines the Government’s true intentions.
My right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) was absolutely right to raise this issue with the Prime Minister while she was acting Leader of the Opposition. She asked him to commit not to go ahead with these changes unless there was cross-party agreement. Is the Minister prepared to get to his feet and withdraw these measures and engage in genuine cross-party talks about the funding of party politics? I suspect not.
It is not acceptable for the Prime Minister to be curbing funds given transparently to the Labour party by hard-working people throughout the country while turning a blind eye to donations to the Tories from various corporate sources and hedge funds. If the clause stands part of the Bill unamended and the Bill receives Royal Assent, it will mark the abrupt end of the long-standing consensus in British politics that the Government should not introduce partisan legislation unfairly to disadvantage other political parties.
As Members will be aware from the oral evidence sessions, in 1948 Winston Churchill cautioned against taking such steps. He said:
“It has become a well-established custom that matters affecting the interests of rival parties should not be settled by the imposition of the will of one side over the other, but by an agreement reached either between the leaders of the main parties or by conferences under the impartial guidance of Mr. Speaker.”—[Official Report, 16 February 1948; Vol. 447, c. 859.]
Even Margaret Thatcher, a Prime Minister whose term was defined by her opposition to the trade union movement, considered proposals such as those set out in the Bill to be too extreme. She said:
“legislation on this subject, which would affect the funding of the Labour party, would create great unease and should not be entered into lightly.”
[Interruption.] I know you are asking me to come to a conclusion, Sir Alan. I will be there in a matter of moments. She was right. The Bill and the clause are creating great unease, and I find myself agreeing with the person who I suspect spurred the Minister and I into politics in the first place, although of course for very different reasons. In the light of that, we are looking carefully at the SNP’s new clause, which we will come to in due course, and which would put the Churchill convention into the Bill.
In conclusion, the clause will restrict unions’ right to freedom of association and their ability to engage in political debates, and it will create huge administrative burdens. It is widely known that opt-in processes reduce participation—for example, our approach to auto-enrolment for pensions is based on an opt-out model, given the clear economic evidence.
Amendments 34 and 35 are probing amendments that can be used to argue that members should not be required to submit repeated opt-ins. I hope the Minister will give us his thoughts on them in due course.
The Chair
Before the Committee rises, I repeat that we are only up to clause 10 of 22, and we have a host of important discussions to come. The point of Committee stage is to question parts of the Bill before it goes back to the Floor of the House on Report. There are a lot of important things on the Government and Opposition sides that have to be dealt with.
Before the next Committee, I want the Whips to talk to each other. It is likely that this Committee will rise early this afternoon because there are a number of votes taking place from 4.30 pm. That restricts the Committee’s time and means that we have only two more sittings next week to deal with the remainder of the Bill, which I am not sure will be satisfactory. I ask the two Whips to meet in consultation with the other Opposition group to see whether we can get a bit of speed, so the questions can be answered as fully as possible.