:00:00. > :00:00.the turf for a new innovation Centre in Glasgow can stop Scotland punches
:00:00. > :00:00.above its weight with 11% share compared to 8% share of the
:00:07. > :00:14.population and I hope it continues to do so. Statement, the Minister of
:00:15. > :00:20.State for Europe. Minister David Liddington. I would like to make a
:00:21. > :00:24.statement upon the Government's EU re-negotiation. As the House knows,
:00:25. > :00:28.this Government was elected with a mandate to renegotiate the UK's
:00:29. > :00:33.relationship with the European Union had a van in-out referendum by the
:00:34. > :00:38.end of 2017. Since July, technical talks have taken place in Brussels
:00:39. > :00:41.to inform our analysis of the legal options for reform. Today, the prime
:00:42. > :00:46.list has written to the President of the European Council to set out the
:00:47. > :00:50.changes that we wanted to see. -- the Prime Minister has written. We
:00:51. > :00:54.have laid out a statement with a copy of that letter and hard copies
:00:55. > :00:59.are available in the vote office. I would like to offer the House some
:01:00. > :01:03.further detail. The Prime Minister's speech three years ago
:01:04. > :01:06.set out a vision for the vision of the European Union. Three years on,
:01:07. > :01:10.the central argument he made them remains more persuasive than ever.
:01:11. > :01:17.The European Union needs to change. And increasingly others to have
:01:18. > :01:19.recognised this. A fortnight ago, Chancellor Merkel said British
:01:20. > :01:27.concerns were German concerns as well. The purpose of the Prime
:01:28. > :01:29.Minister's letter today is not to describe the precise means including
:01:30. > :01:34.the detailed legal amendments to bring in our reforms into effect,
:01:35. > :01:40.that is a matter for the negotiation itself. What matters to us is
:01:41. > :01:42.finding solutions. This agreement must be legally binding and
:01:43. > :01:49.irreversible and where necessary have foreseen the treaties. There
:01:50. > :01:53.are four main areas in which we are seeking reform. Economic governance.
:01:54. > :01:56.Measures that the euro zone countries need to take to secure the
:01:57. > :02:02.long-term future of their currency will affect all members of the EU.
:02:03. > :02:06.These are real concerns demonstrated by the proposal we saw this summer
:02:07. > :02:11.to bailout Greece using contributions which also would have
:02:12. > :02:15.come from non-euro members. As the Prime Minister and the Chancellor
:02:16. > :02:20.have set out, never of principles should underpin any long-term
:02:21. > :02:23.solution of this, as well as involving a safeguard mechanism to
:02:24. > :02:28.ensure these principles are respected and enforced. We believe
:02:29. > :02:33.these principles should include recognition that the EU has more
:02:34. > :02:36.than one currency, that there should be no discrimination and no
:02:37. > :02:41.disadvantage for any business on the basis of currency, that taxpayers in
:02:42. > :02:45.non-euro countries should never be financially liable for supporting
:02:46. > :02:48.Eurozone members, that only changes the Eurozone needs to make such as
:02:49. > :02:53.the creation of a banking union should never be compulsory for
:02:54. > :02:58.non-euro countries. Financial stability and supervision should be
:02:59. > :03:01.a key area of competence for national institutions like the Bank
:03:02. > :03:07.of England for non-euro members. Just as those matters have become a
:03:08. > :03:11.key area of competence for Eurozone institutions like the European
:03:12. > :03:17.Central Bank. Any issues which affect all member states must be
:03:18. > :03:28.discussed and decided by all member states. Second, we want to see an
:03:29. > :03:34.even more determined focus upon improving Europe's competitiveness.
:03:35. > :03:39.Unemployment and youth unemployment in Europe is still too high. Frankly
:03:40. > :03:43.speaking, less Europe is able to raise its game in terms of
:03:44. > :03:50.competitiveness, the challenges we all face from global competition and
:03:51. > :03:53.digital technology mean we face a serious risk of the next generation
:03:54. > :03:56.of European Union who will not be able to afford the living standards
:03:57. > :04:02.or social protection on the public services which are our citizens take
:04:03. > :04:05.granted today. We welcome the European Commission's focus on
:04:06. > :04:10.competitiveness. Legislative proposals have been cut by 8% and
:04:11. > :04:17.more regulatory appraisals taken off the table this year than ever
:04:18. > :04:22.before. Progress has been made towards a single digital market, a
:04:23. > :04:27.capital market's union and in last month's commission, trade strategy.
:04:28. > :04:32.We need to go further. The burden from existing regulation remains too
:04:33. > :04:37.high. Just as we secured a first ever real terms cut in the EU
:04:38. > :04:41.budget, so we should set a target to cut the total burden on business.
:04:42. > :04:46.This should be part of a clear strategic commitment, bringing
:04:47. > :04:53.forward all the various proposals, promises and agreements on European
:04:54. > :04:56.competitiveness. Third, sovereignty. As the Prime Minister said that
:04:57. > :05:03.Bloomberg and as we have stressed many times since, in the UK and in
:05:04. > :05:10.other member states or so, too many people have felt the EU is something
:05:11. > :05:13.done to them. In his letter, my right honourable friend makes three
:05:14. > :05:18.proposals to address this. First, we want to end the UK's obligation to
:05:19. > :05:22.work towards an ever closer union as set out in the treaties. For many
:05:23. > :05:26.British people, this simply reinforces the sense of being
:05:27. > :05:32.dragged against our will towards a political union. Second, we want to
:05:33. > :05:36.enable national parliaments to work together to block a new -- unwanted
:05:37. > :05:41.legislation, building on the arrangements already in the
:05:42. > :05:44.treaties. Third, we want to see the EU's commitment to subsidiarity
:05:45. > :05:52.imprimatur with proposals to achieve that. If powers don't need to reside
:05:53. > :05:57.in Brussels, they should be returned to Westminster. As the Dutch have
:05:58. > :06:05.said, the ambition should be Europe where necessary, but national where
:06:06. > :06:09.possible. Fourth, I want to turn to the issue of welfare and
:06:10. > :06:13.immigration. As the Prime Minister made clear in his speech last
:06:14. > :06:18.November, we believe in an open economy which includes the principle
:06:19. > :06:22.of free movement to work. I am proud that people from every country can
:06:23. > :06:28.find their community here in the UK. But the issue is one of scale and
:06:29. > :06:32.speed. The pressure which the current level of inward migration
:06:33. > :06:38.puts upon our public services is too great and has a profound effect also
:06:39. > :06:43.on those member states whose most highly qualified citizens have
:06:44. > :06:47.immigrated. The Prime Minister's letter sets out our proposals to
:06:48. > :06:51.address this. We need to ensure that when you could resolve admitted to
:06:52. > :06:53.the EU, free movement will not apply until the EU, free movement will not
:06:54. > :06:57.apply until their economies have converged much more closely with
:06:58. > :07:02.existing member states. We need to crack down on all abuse of free
:07:03. > :07:07.movement and this includes tougher and longer re-entry bands for
:07:08. > :07:10.fraudsters and people who collude in sham marriages and stronger powers
:07:11. > :07:16.to deport criminals to stop them coming back and to prevent them from
:07:17. > :07:19.entering in the first place. It includes dealing with the situation
:07:20. > :07:24.whereby it is easier for an EU citizen to bring a non-EU spouse to
:07:25. > :07:30.Britain for a British citizen to do the same. We must also reduce the
:07:31. > :07:34.fact of drawing migrants to the UK to take low skilled jobs, exposing
:07:35. > :07:41.their salary to be subsidised by the state from day one. We have proposed
:07:42. > :07:44.that people come to Britain should negotiation -- would contribute for
:07:45. > :07:49.four years before they qualify for in work benefits or social housing.
:07:50. > :07:55.And that we should end the practice of sending child benefit overseas.
:07:56. > :07:59.The Government is open to different ways of dealing with these issues
:08:00. > :08:06.but we do need to secure a range and is that deliver on our commitments
:08:07. > :08:12.to fair and controlled migration. Let me say something briefly about
:08:13. > :08:16.the next steps. There will now be a process of formal negotiation with
:08:17. > :08:22.the European institutions and all 27 European parlours, leading to
:08:23. > :08:26.substantive discussions with counsel. The Prime Minister's aim is
:08:27. > :08:32.to conclude an agreement at the earliest opportunity, but his
:08:33. > :08:37.priority is to ensure that these substances right. It is progress on
:08:38. > :08:43.the substance in this we negotiation that will determine the timing of
:08:44. > :08:46.the referendum itself. The Government fully recognises the
:08:47. > :08:52.close interest from members on all sides of this house. We cannot
:08:53. > :08:56.provide a running commentary on an ongoing negotiation but we will
:08:57. > :09:02.continue to engage fully with the wide range of Parliamentary enquiry
:09:03. > :09:07.is, now numbering 12 across both houses come into the renegotiation.
:09:08. > :09:12.Documents will be submitted for scrutiny in line with normal
:09:13. > :09:16.practices and the Foreign Secretary, I and other ministers will continue
:09:17. > :09:21.to appear before the relevant select committees. The Referendum Bill
:09:22. > :09:28.itself will return to this house before long. The Prime Minister has
:09:29. > :09:34.said and he repeated this morning, that should his concerns fall on
:09:35. > :09:39.deaf ears, the rules nothing out. He also believes that meaningful reform
:09:40. > :09:44.in the areas that I have described would benefit our economic and our
:09:45. > :09:49.national-security, provide a fresh supplement the UK's manager of the
:09:50. > :09:54.European Union and offer a basis on which to campaign to keep the United
:09:55. > :09:59.Kingdom as a member of a reformed European Union. It is that which
:10:00. > :10:07.remains the Government's objective. I commend this statement to the
:10:08. > :10:11.House. 1-macro let me begin by thanking the Minister for updating
:10:12. > :10:16.the House and for giving me advanced site of today's statement. The
:10:17. > :10:20.decision on whether to -- whether the UK remains a member of the
:10:21. > :10:26.European Union is the biggest decision this country will take for
:10:27. > :10:31.a generation. We on the side are clear that Britain is a more
:10:32. > :10:32.powerful, prosperous and secure country by being members of the
:10:33. > :10:42.European Union. We want to see Britain play a full
:10:43. > :10:47.role in shaping a better Europe which deepens its single market,
:10:48. > :10:53.which offers more hope and jobs to its young people, which uses its
:10:54. > :10:58.collective strength in trade with the rest of the world and which
:10:59. > :11:04.stands together to combat the urgent security problems that we face. We
:11:05. > :11:08.do not stand for the nationalism that says we would be better off out
:11:09. > :11:13.and a Brecht said that would sleep written we can empower and influence
:11:14. > :11:18.and diminished in the eyes of the world. The Prime Minister has set
:11:19. > :11:22.out in his speech this morning and in the letter to the president of
:11:23. > :11:29.the European Council his negotiating agenda. As we have already heard
:11:30. > :11:34.from comments to date from his own backbenchers, the problem be Prime
:11:35. > :11:39.Minister faces in doing this and the reason he has been so reluctant to
:11:40. > :11:43.put his position down on paper until now is that there is nothing he can
:11:44. > :11:48.renegotiate which will satisfy the large numbers of honourable and
:11:49. > :11:54.Right Honourable members sitting behind him who want to take Britain
:11:55. > :12:01.out of the EU at all costs. They are desperate to be disappointed and
:12:02. > :12:04.they are here in the house today. They -- they're only role in this
:12:05. > :12:09.debate is to push for demands that they know will not be met. The
:12:10. > :12:15.agenda published today raises important issues, including some
:12:16. > :12:20.which were in our own manifesto, such as the protection for the
:12:21. > :12:23.rights of non-Eurozone countries and the rights of national parliaments.
:12:24. > :12:30.It also includes other ideas, which are already in train. But can I ask
:12:31. > :12:35.the Minister to respond to some specific questions? It is right that
:12:36. > :12:40.we press for guarantees for non-Eurozone members in the future,
:12:41. > :12:45.our manifesto argued for this, it is in our interest, but does the
:12:46. > :12:51.Minister agree that it would be a mistake for Britain to volunteer or
:12:52. > :12:56.embrace some kind of second-class or associate membership of the EU while
:12:57. > :12:59.still paying the full costs of membership? That would be an outcome
:13:00. > :13:04.which would weaken Britain rather than strengthen our position. Why is
:13:05. > :13:08.there so little in this agenda about jobs and growth for the future when
:13:09. > :13:10.the problem Europe has been struggling with has been low growth
:13:11. > :13:17.and high unemployment for some time? When the Minister talks about
:13:18. > :13:23.reducing the burden on business, can he guarantee that nothing in this
:13:24. > :13:27.agenda reduces the hard one unemployment rights which have been
:13:28. > :13:32.agreed over the years, including rights to paid leave, for part-time
:13:33. > :13:36.workers, and fair pay for temporary and agency workers? Does the
:13:37. > :13:42.Minister accept it would be a huge mistake to try to build support for
:13:43. > :13:47.a reformed EU on the back of a bonfire of workers' writes? On free
:13:48. > :13:51.movement, we know a retreat from earlier statements and hence from
:13:52. > :13:57.the Prime Minister that he would seek an end to the principle of free
:13:58. > :14:02.movement, can the Minister tell the house on the issue of access to in
:14:03. > :14:06.work benefits, as the Prime Minister set on the four-year timescale for
:14:07. > :14:11.access to such benefits, or is this subject to negotiation at the
:14:12. > :14:17.European Council? Could he also tell us whether this will be through a
:14:18. > :14:23.change in EU legislation or in the way the system works here in the
:14:24. > :14:30.UK? Does he agree that those who want to reject this agenda as too
:14:31. > :14:34.little, many of them behind him, and who are determined to take Britain
:14:35. > :14:38.out of the EU, it is for them to state clearly to the British people
:14:39. > :14:49.what being out would mean for our jobs, trade, investment, employment
:14:50. > :14:52.rights, and national security. The EU of course faces big challenges in
:14:53. > :14:58.recovering from the Eurozone crisis, offering more hope for the
:14:59. > :15:02.future, dealing with the urgent and immediate refugee crisis that it
:15:03. > :15:08.faces. But we believe that these challenges are best met by Britain
:15:09. > :15:12.playing a leading role in the future of the EU and using our power and
:15:13. > :15:19.influence with others to overcome them. There is a broader case far
:15:20. > :15:24.beyond these points today about Britain's place in the world and in
:15:25. > :15:29.the EU, and that has to be made. Our history is not the same as many
:15:30. > :15:33.other member states, and perhaps we will never look at these issues
:15:34. > :15:40.through precisely the same eyes. But that is not the same as wanting to
:15:41. > :15:46.leave. Reform is essential, it should be an ongoing process, not a
:15:47. > :15:51.single event. On this side of the house, we will keep giving for a
:15:52. > :15:55.Britain engaged with the world, using its power and influence to the
:15:56. > :15:59.maximum, and not walking away from a partnership that we have been
:16:00. > :16:00.members of the 40 years and which has brought many benefits to the
:16:01. > :16:15.people and economy of this country. He asked me four questions, if I can
:16:16. > :16:21.deal with them in turn. On relations between EU and non-EU members, we do
:16:22. > :16:27.indeed need to have as part of this negotiation safeguards against any
:16:28. > :16:30.risk of caucusing by Eurozone countries who, if they chose to act
:16:31. > :16:35.as a caucus, could command and automatic qualified majority within
:16:36. > :16:41.Council of ministers meetings. There will be some issues which derives
:16:42. > :16:45.directly from -- where Eurozone countries will want to talk about
:16:46. > :16:50.such matters amongst themselves, but it will be really important that we
:16:51. > :16:54.have a deal that allows the Eurozone to do the work of integration they
:16:55. > :16:58.will need to do but which properly safeguard the integrity of the
:16:59. > :17:08.single market and decision-making across the board at 28. He teased me
:17:09. > :17:12.a bit about the views of some of my honourable friend. When I have
:17:13. > :17:16.appeared before some of the committees of this house, I have
:17:17. > :17:18.found members on his side of the house who are equally committed to
:17:19. > :17:38.British withdrawal from the EU. This is a matter... The Labour Party
:17:39. > :17:44.leader, the Right Honourable member for Islington North, has not in the
:17:45. > :17:50.past been renowned for his enthusiasm for the EU. This has cut
:17:51. > :17:55.across party divisions for as long as EU membership has been an issue
:17:56. > :18:00.in the UK, and people hold honourable, principled views both
:18:01. > :18:04.for and against British membership in both parties, and that is likely
:18:05. > :18:12.to always be the case. The ask about low growth, I think what the
:18:13. > :18:17.Government is not only saying but what this Government has led and
:18:18. > :18:19.helped shape within the EU since 2010 has demonstrated the
:18:20. > :18:24.seriousness with which we take this issue. I know that the Prime
:18:25. > :18:31.Minister was personally involved in the negotiation that clinched the
:18:32. > :18:36.deal on a free trade agreement, which is proving immense value to
:18:37. > :18:40.British industry. It is the British Government which has helped to
:18:41. > :18:44.energise the debate towards a digital single market across Europe,
:18:45. > :18:49.something that will give SMEs and large companies increased
:18:50. > :18:55.opportunities. I would say to him in regard to workers' writes, nobody on
:18:56. > :19:09.my side of the house wants to make a bonfire of workers rights, but we
:19:10. > :19:13.also need to have in mind the reality that other countries that
:19:14. > :19:16.have chosen to go for a much more regulated approach to the employment
:19:17. > :19:21.market have often tragically suffered much higher levels of
:19:22. > :19:29.unemployment than we have in the UK. For example, keeping the UK's opt
:19:30. > :19:32.out from the working time directive is something that we will fight very
:19:33. > :19:37.hard to make sure is entrenched by this renegotiation. On freedom of
:19:38. > :19:42.movement, the Prime Minister made his views very clear, our objective
:19:43. > :19:45.is to better control migration from within the EU, there are different
:19:46. > :19:49.ways in which we could achieve that, we think we can do it by reducing
:19:50. > :19:52.the incentive is of our welfare system, and that is where my right
:19:53. > :19:56.honourable friend set out the proposals he made and repeated
:19:57. > :20:02.today. Others in the EU have concerns, that is why we say to
:20:03. > :20:05.them, if that is what you think, but forward alternative proposals that
:20:06. > :20:12.deliver the same result. It is the outcome of the measures, controlled,
:20:13. > :20:17.fair, properly managed migration, that is the end that we seek. On
:20:18. > :20:21.what is meant by out, the Prime Minister said again this morning
:20:22. > :20:26.that he did not think either the Swiss or Norwegian models would be
:20:27. > :20:30.right for the UK. I think it is the case that the question of what out
:20:31. > :20:37.might mean is something that will be a key element in the forthcoming
:20:38. > :20:40.referendum debate. A very large number of members are seeking to
:20:41. > :20:45.catch my icon that was entirely to be expected. To have any chance of
:20:46. > :20:55.accommodating them, brevity will be of the essence. Would he agree that
:20:56. > :20:58.the big issue which will be settled in this forthcoming referendum is
:20:59. > :21:02.how best this country will protect its national interests and security
:21:03. > :21:06.in the modern world, to enhance our prosperity for the next 30 or 50
:21:07. > :21:13.years, and will he seek to ensure that we do not lose sight of that
:21:14. > :21:16.and we address current events? Whilst the Prime Minister is
:21:17. > :21:21.embarking on important negotiations, and I wish him success on
:21:22. > :21:25.competitiveness in particular, will he ensure that when we are
:21:26. > :21:29.negotiating the benefit rights of those foreign nationals who work
:21:30. > :21:32.alongside British people in employment in this country, we
:21:33. > :21:37.remember the interests of the 2 million or so British nationals who
:21:38. > :21:44.live and work in the U and do not wish to see those governments start
:21:45. > :21:54.to disk and eight against our nationals in their tax and benefit
:21:55. > :21:57.system? The answer is yes on his second point, we always have the
:21:58. > :22:02.interest of British people at the heart of our thinking about any area
:22:03. > :22:09.of policy, and we will certainly continue to treat the National
:22:10. > :22:15.economic and security interests of the UK at the core objective of
:22:16. > :22:19.every aspect of the negotiation. I also thank the Minister for making
:22:20. > :22:25.an oral statement to the house and 4/ of his statement. What difference
:22:26. > :22:29.a year makes, just last year, Scots were being told we voted yes to
:22:30. > :22:35.independents, we would be getting chucked out of the EU, and now we
:22:36. > :22:40.could not be closer to the exit. The Minister said earlier on that there
:22:41. > :22:46.would be a process of formal negotiation with the Europeans. Will
:22:47. > :22:50.he commit to us today to consult with the devolved administrations as
:22:51. > :23:00.a formal part of that negotiation's he also said Europe, where
:23:01. > :23:04.necessary, National, where possible. Will that include devolving the
:23:05. > :23:12.powers where appropriate back to the devolved administrations's finally,
:23:13. > :23:19.will be Minister tell us what in Scotland's agenda for reform has
:23:20. > :23:23.been included in this today? Of course we were voting to give
:23:24. > :23:29.additional devolved powers to Scotland only yesterday in this
:23:30. > :23:37.house, I can say to the honourable member that I spoke to Fiona Hyslop
:23:38. > :23:42.this morning, the question of the reform and renegotiation is on the
:23:43. > :23:49.agenda is the first item at every meeting of the joint ministerial
:23:50. > :23:53.committee on Europe, which I chair, and which includes ministers from
:23:54. > :23:56.all the devolved administrations. I am visiting Edinburgh tomorrow, I
:23:57. > :24:01.will have further conversations with the Scottish Government of the type
:24:02. > :24:05.that he urges, and I said to Fiona Hyslop this morning, I remain always
:24:06. > :24:11.open to listen to the views and make sure that the UK Government takes
:24:12. > :24:13.full account of the interests of all three of the devolved
:24:14. > :24:22.administrations as we take this forward.
:24:23. > :24:29.The minister is not correct in thinking that the legal mechanisms
:24:30. > :24:35.for delivery of these proposals is not part of the solution. Does he
:24:36. > :24:40.not accept that treaty change is needed for virtually every
:24:41. > :24:48.proposal? Furthermore, that treaty change is not on offer's --? So how
:24:49. > :24:57.are the legally irreversible changes going to be made when even the legal
:24:58. > :25:00.expert from the European Commission says the Danish and Irish presidents
:25:01. > :25:05.are not valid? How will he sell this pig in a poke?
:25:06. > :25:14.We think that some, but not every aspect of the package of reforms we
:25:15. > :25:21.are seeking will need treaty change. We are looking at models including
:25:22. > :25:27.those used by Denmark and Ireland in the past. The technical talks that
:25:28. > :25:31.have taken place in Brussels involving senior British officials
:25:32. > :25:35.have also been involving representatives of the institutional
:25:36. > :25:42.legal services. We are working closely, alongside the current heads
:25:43. > :25:46.of the legal services of the institutions and we believe that on
:25:47. > :25:51.every one of the issues that I have listed in my statement, we can
:25:52. > :26:02.indeed find the appropriate legal way forward. Willie at knowledge
:26:03. > :26:06.that the EU citizens living here contribute far more through their
:26:07. > :26:10.taxes than they receive in services or social security payments? The
:26:11. > :26:17.problem with Social Security is not the EU but we have lost the
:26:18. > :26:23.contributory principle from our system and the answer is to
:26:24. > :26:30.reintroduce that? I would agree with him that it is important that in the
:26:31. > :26:34.debate about migration controls, that we don't stray into
:26:35. > :26:39.stigmatising people from elsewhere in Europe or any other part of the
:26:40. > :26:44.world who are obeying the law and contributing to live in this
:26:45. > :26:47.country. I think that the point he makes about the contributory
:26:48. > :26:52.principle could apply to policy pursued under successive footage
:26:53. > :26:57.Government of all political strikes. I draw his attention back to Article
:26:58. > :27:00.153 of the treaty, which does make it clear that it is for member
:27:01. > :27:06.states rather than the EU to define the fundamental principles of the
:27:07. > :27:11.Social security systems. It would be rather odd and contradictory if we
:27:12. > :27:18.were to say there is only one model for social security and it is
:27:19. > :27:23.compatible with that. The Minister has described different legal
:27:24. > :27:31.mechanisms for achieving our objectives within this. Could he
:27:32. > :27:36.tell us what they are? No. These are discussions that are a matter for
:27:37. > :27:40.the detailed negotiations that are now underway. The technical talks
:27:41. > :27:52.have helped to give us a menu of options. In respect of particular
:27:53. > :27:58.reforms, we would be able to reply -- rely on treaty change,
:27:59. > :28:02.protocols, political commitment and that many of options is now going to
:28:03. > :28:06.be available to the heads of Government as they embark on the
:28:07. > :28:11.political negotiation. The purpose of the technical talks has been to
:28:12. > :28:19.ensure that people are informed about those solutions available and
:28:20. > :28:24.they don't have to start that work from scratch when they are in the
:28:25. > :28:28.leader's meeting. We believe that if powers don't need to reside in
:28:29. > :28:33.Brussels, they should be returned to Westminster. Could he tell the House
:28:34. > :28:36.which current treaty provisions he intends to use for that purpose and
:28:37. > :28:45.if it doesn't have one, will he negotiate a new one? I have
:28:46. > :28:50.described areas in which we are seeking change. If the honourable
:28:51. > :28:54.lady would like to look at what the Prime Minister said in his speech
:28:55. > :29:01.this morning, she will see that he spoke in terms of making more of a
:29:02. > :29:05.reality of the principles of subsidiary rarity and
:29:06. > :29:10.proportionality and establishing an agreed mechanism within the EU
:29:11. > :29:15.system, so we don't just look at new proposals coming out of the
:29:16. > :29:19.commission, but we have a means by which to review regularly the
:29:20. > :29:27.existing exercise of competences and decide where competences currently
:29:28. > :29:33.exercised at EU level no longer need to be exercised at that level. Don't
:29:34. > :29:37.we have to control our own borders in order to fulfil the conservative
:29:38. > :29:40.popular promised to cut net migration by more than two thirds in
:29:41. > :29:44.this parliament and shouldn't we decide what the rules are and apply
:29:45. > :29:51.them fairly to the whole world, not distinguishing between Europe and
:29:52. > :29:56.non-Europe? The Prime Minister has been completely consistent in saying
:29:57. > :30:03.that he accepts the basic principle of freedom of movement for workers,
:30:04. > :30:06.but that that should not become a freedom to choose the most
:30:07. > :30:14.attractive welfare system anywhere in the European Union. We do believe
:30:15. > :30:22.that given that, something like 40% of people here from elsewhere in the
:30:23. > :30:28.EU are receiving benefits or tax credits of some kind action on that
:30:29. > :30:31.front will have a significant effect upon the core factor which our
:30:32. > :30:38.welfare system exercises at the moment. I think the Minister for his
:30:39. > :30:43.statement and for advanced copy. The Minister has put much store by
:30:44. > :30:46.treaty change but since the Council of ministers and the European
:30:47. > :30:51.Commission are like on things fundamental to them constantly break
:30:52. > :30:55.their own solemn word and treaties, why should we put any confidence or
:30:56. > :31:06.faith or trust in any changes that they agreed to? I think where
:31:07. > :31:09.matters are the subject of treaty change, they become binding as well
:31:10. > :31:14.as in international law and there has been occasions, particularly
:31:15. > :31:19.with regard to the single market aware British interests have been
:31:20. > :31:24.safeguarded by the fact that there are provisions in the treaties
:31:25. > :31:28.against discrimination, against any one country's products are missing
:31:29. > :31:33.the market. We went through the European process in order to secure
:31:34. > :31:37.the lifting of the beef exporting banned. There is a stronger element
:31:38. > :31:45.of protection there, than the honourable gentleman thinks. Further
:31:46. > :31:50.to that, would he agree that the creation of the single market for
:31:51. > :31:55.services would be a big prize for British business creating many jobs
:31:56. > :31:59.and that can only be achieved by being within the European Union? I
:32:00. > :32:03.think that my right honourable friend makes a powerful point. We
:32:04. > :32:10.have a single market which in terms of goods is working pretty well, but
:32:11. > :32:13.a single market which terms of services is woefully undeveloped,
:32:14. > :32:18.despite the fact that in every European economy as we look to the
:32:19. > :32:21.future, it is going to be for this services sector is that the new
:32:22. > :32:28.growth and the new jobs are going to come from. We need to seek
:32:29. > :32:32.determined action in that area. The Prime Minister hate the lip service
:32:33. > :32:35.to the EU's crisis of competitiveness rather like his
:32:36. > :32:42.predecessor 15 years ago. Nothing changed. The own officials grow
:32:43. > :32:48.weary of initiatives have failed to tackle Euro sclerosis. Can the
:32:49. > :32:53.Minister spell out the detail of the plans to make the EU more
:32:54. > :32:56.competitive? There is one thing that doesn't change that is the nature of
:32:57. > :33:06.the gentleman's interventions on this subject. The agenda on
:33:07. > :33:10.competitiveness is one which the Prime Minister, the Chancellor, the
:33:11. > :33:15.Business Secretary and I have spoken upon frequently and I am happy to
:33:16. > :33:20.send the honourable member a sheaf of speeches if you would like that.
:33:21. > :33:26.We have three things. It is about cutting the cost of unnecessary red
:33:27. > :33:31.tape and regulation on all business. It is about deepening the
:33:32. > :33:34.single market, especially in digital and services where it is an
:33:35. > :33:39.developed at the moment and it is about forging new ambitious
:33:40. > :33:45.free-trade agreements with other countries and other regions of the
:33:46. > :33:49.world to benefit both them and us. These opportunities that British
:33:50. > :33:54.business has urged us to take and these opportunities which this is
:33:55. > :33:59.determined not just to follow but are leading the European debate.
:34:00. > :34:05.Will my right honourable friend avoid using up his limited arguing
:34:06. > :34:10.power to obtain symbolic changes, like removing the words come ever
:34:11. > :34:14.closer union? Given that they have never been invoked by the European
:34:15. > :34:20.Court against Britain or to require any other member state to move in
:34:21. > :34:24.and integration list direction or drop from the constitutional treaty.
:34:25. > :34:28.Will he focus on getting back powers which are not required to run a
:34:29. > :34:32.common trading area so that this Parliament can make more of our own
:34:33. > :34:41.laws and hold our lawmakers to accounts? My right honourable friend
:34:42. > :34:50.has always said that what he is seeking is a deal on reform which is
:34:51. > :34:52.substantive and which it will be challenging to negotiate. I don't
:34:53. > :34:59.want any member of the House to think that this is a set of reforms
:35:00. > :35:05.that are going to fall easily into our laps. It is going to mean some
:35:06. > :35:11.tough negotiation ahead. I think that the importance of the words on
:35:12. > :35:16.ever closer union are that they do encapsulated the fact that the EU at
:35:17. > :35:21.the moment is insufficiently flexible and still thinks in terms
:35:22. > :35:23.of a single destination in terms of integration for all its member
:35:24. > :35:29.states. As the Prime Minister said this morning, we need to see a much
:35:30. > :35:34.greater acceptance of the diversity of Europe at the moment, readiness
:35:35. > :35:37.to live and let live and accept that some countries will want to
:35:38. > :35:41.integrate more closely but others will wish to stand from that. The
:35:42. > :35:50.decisions of each group should be properly respected. The Minister
:35:51. > :35:57.said that the agreement must be legally binding and irreversible.
:35:58. > :36:03.Can he clarify what he means by irreversible? Will it mean in the
:36:04. > :36:07.terms of the John Major opt out on the social chapter which will have
:36:08. > :36:10.reversed by the Tony Blair governments? That no future
:36:11. > :36:18.democratic elected Government will be able to reverse a decision taken
:36:19. > :36:24.at this time by this Government? Obviously, as Parliament is
:36:25. > :36:29.sovereign and not least in the fact that the EU law only has direct
:36:30. > :36:36.effect in the UK because of acts of parliament, the decisions of this
:36:37. > :36:41.house, that is something that limits the irreversible and 80 of any
:36:42. > :36:50.Government decision. What we are keen to avoid happening again, is
:36:51. > :37:00.the sort of thing that happened over the EFSM earlier this year. In their
:37:01. > :37:04.heat of the Eurozone, winner deal -- when a deal suddenly appeared to be
:37:05. > :37:09.at risk and it came up for discussion is in a meeting where
:37:10. > :37:13.only only 90 member governments were gathered together, that is not the
:37:14. > :37:24.way we can do business in the future. My right honourable friend
:37:25. > :37:29.must know this is pretty thin. Much less than people had come to expect
:37:30. > :37:33.from the Government. It takes out a few words from the pre-eminent ball
:37:34. > :37:36.but does nothing about the substance of the treaties. It deals with
:37:37. > :37:41.competition for which the European Commission itself as the proposal.
:37:42. > :37:47.It fails to restore control of our borders. It seems to me that its
:37:48. > :37:54.whole aim is to make Harold Wilson's negotiation reasonable. It
:37:55. > :37:58.has to have a full list of powers that will be restored to the UK and
:37:59. > :38:08.for this Parliament, not vacuously to parliaments plural. I think the
:38:09. > :38:12.problem with the idea of a unilateral national Parliamentary
:38:13. > :38:18.veto which my honourable friend advocates, is that it would mean
:38:19. > :38:23.that, for example, the most protectionist parliament in any one
:38:24. > :38:29.member state could veto every deregulatory, every single market
:38:30. > :38:33.measure which the UK believed was profoundly in the interests of our
:38:34. > :38:38.people and our prosperity. Such a unilateral veto would be
:38:39. > :38:41.incompatible even with the arrangements that Norway and
:38:42. > :38:49.Switzerland have with the European Union at the moment. I would just
:38:50. > :38:55.say that I think if we had had the privilege and responsibility of
:38:56. > :38:57.sitting at Council Minister's meetings in Brussels, a
:38:58. > :39:04.responsibility that he may enjoy at some stage in a future in his
:39:05. > :39:11.career, then he would, I think, be less sanguine about the unambitious
:39:12. > :39:15.nature of what we are proposing. What we are proposing is going to
:39:16. > :39:23.require some tough negotiating indeed. It is ridiculous that the
:39:24. > :39:26.Prime Minister is putting the referendum to the British people,
:39:27. > :39:32.that he can't explain what the British people are voting for. If
:39:33. > :39:35.they are voting out and it is not Norway and not Switzerland, what is
:39:36. > :39:46.at the British people are voting for? I think that would be a
:39:47. > :39:50.question for those who are campaigning for out when the
:39:51. > :39:54.referendum comes, to make clear. There are a number of studies that
:39:55. > :40:02.have been published on what various alternative options for engagement
:40:03. > :40:07.with Europe would look like. We are relentlessly focused upon securing a
:40:08. > :40:08.successful outcome to this negotiation and delivering the
:40:09. > :40:16.reformed Europe that British people want to see. The commitment will be
:40:17. > :40:20.nothing of a rhetorical gesture unless it is backed by a radical
:40:21. > :40:24.shake-up of the way the EU takes decisions. Does the Minister agree
:40:25. > :40:28.that mostly EU legislation is stitched up between the commission,
:40:29. > :40:33.the European Parliament and member states behind closed doors and the
:40:34. > :40:39.impenetrable process known as tri- log and cis acting as a ratchet?
:40:40. > :40:41.What proposals does the Government have for halting and reversing that
:40:42. > :40:53.ratchet? The Prime Minister said this morning
:40:54. > :40:59.that we need a new mechanism in the EU's system for working which guards
:41:00. > :41:02.against that ratchet that he described and provides for the
:41:03. > :41:08.opportunity of reviewing and reallocating powers that do not need
:41:09. > :41:12.to be exercised at a European level. I think the pamphlet recently
:41:13. > :41:18.published by the member for Chichester does provide some very
:41:19. > :41:25.constructive and imaginative suggestions as to how we might take
:41:26. > :41:32.that forward. The Prime Minister's letter welcomed the new EU trade
:41:33. > :41:36.Chatterjee, but the Government carry out an assessment on how these deals
:41:37. > :41:40.would be affected by his wider demands for economic reform? In his
:41:41. > :41:44.answer, and the Minister confirm it is his understanding of the recent
:41:45. > :41:48.remarks by the US trade representative that if the UK were
:41:49. > :41:49.to leave the EU, we would not be able to negotiate an independent
:41:50. > :42:05.trade deal with the United States? I heard what was said. He is a
:42:06. > :42:09.senior official in the current United Straits administration, so
:42:10. > :42:18.one has to take it seriously. On the general point, we see further moves
:42:19. > :42:25.forward in free deals as an important element in securing the
:42:26. > :42:29.reformed EU that we want. The potential deal with the United
:42:30. > :42:34.States is the most ambitious and far reaching in its consequences, but I
:42:35. > :42:37.welcome the fact that the commission in its strategy is also talking
:42:38. > :42:42.about forging new trade deals with some of the emerging economies and
:42:43. > :42:50.with our good allies and partners in Australia and New Zealand. As we
:42:51. > :42:54.mark the 750th anniversary of the first English Parliament and some of
:42:55. > :42:59.our continental partners are newcomers to this concept, can I
:43:00. > :43:05.suggest that unless we return powers to this Parliament, that this
:43:06. > :43:09.exercise will not be worth its while, for it is in this Parliament
:43:10. > :43:14.that authority ultimately should reside on the half of the British
:43:15. > :43:19.people? Can he explain to us how this new arrangement whereby groups
:43:20. > :43:22.of national parliaments acting together can stop unwanted proposals
:43:23. > :43:36.is going to work? I share his love of English history,
:43:37. > :43:44.but I caution him against seeing Simon the Montford as a true born
:43:45. > :43:50.Englishman. The direct answer to his question is that treaty is already
:43:51. > :43:57.provide for a mechanism whereby a group of national parliaments can
:43:58. > :44:01.demand and secure a review by the commission of a measure that the
:44:02. > :44:05.commission is bringing forward. We think one option that we should be
:44:06. > :44:09.looking at is turning such an arrangement above a certain
:44:10. > :44:18.threshold into an outright veto, a red card rather than a yellow card.
:44:19. > :44:24.Speaking as the chair of the PLP's pro-EU group, which has 210
:44:25. > :44:29.members, including the leader of the Labour Party, we are united behind
:44:30. > :44:33.staying in a Europe which is reforming and progressive. The
:44:34. > :44:38.minister has said that if the Prime Minister does not get his way, he
:44:39. > :44:44.leaves nothing out, so if we leave Europe, what does that mean for the
:44:45. > :44:50.EU? When the negotiations are over, the Government is going to make it
:44:51. > :44:53.-- make its assessment and recommendation clay. It will set out
:44:54. > :45:00.in detail its reasons for coming to that view. Including it assessment
:45:01. > :45:09.of what alternative options there might be on those. I don't think he
:45:10. > :45:12.has anything to fear. Our focus remains on a successful outcome to
:45:13. > :45:16.these negotiations that we believe will deliver a reformed Europe that
:45:17. > :45:23.is what the British people want to see. The clarity and ambition of the
:45:24. > :45:32.reforms that the Minister has outlined demonstrate there is a job
:45:33. > :45:36.of work to do. They also remind us just how important British
:45:37. > :45:41.leadership of the EU has been, such as the introduction of a single
:45:42. > :45:45.market in 1980 and the extension of it hopefully soon, because of the
:45:46. > :45:51.conclusion of these reforms. Does he agree that our real ambition is to
:45:52. > :45:55.restate Britain's leadership in conjunction with other nation states
:45:56. > :46:01.so that we can bring about an innovative, modern and responsive
:46:02. > :46:06.economy which will benefit us all? I agree, if we look back at the EU's
:46:07. > :46:10.history, we can take pride in the fact that two of its biggest
:46:11. > :46:16.achievements, building a single market across Europe and enlarging
:46:17. > :46:20.the EU to embrace the new democracies of Eastern and Central
:46:21. > :46:24.Europe, were things that were achieved very much by British
:46:25. > :46:30.leadership and in particular by the personal drive of Margaret Thatcher
:46:31. > :46:35.on both counts. What he says is important and the Government shares
:46:36. > :46:41.the spirit in which he posed his question. I am relieved that the
:46:42. > :46:46.Prime Minister has outlined his negotiating stance and I wish him
:46:47. > :46:49.every success in securing it, because I want him to be able to
:46:50. > :46:53.bang the drum enthusiastically for our EU membership. Will the Minister
:46:54. > :47:01.confirm that if meaningful reform is secured, the PM and the EU will not
:47:02. > :47:05.have to deliver fully on all the issues set out in his letter,
:47:06. > :47:11.including, for instance, in work benefits? For the primaries to two
:47:12. > :47:19.argue in favour of our membership, the benefits which were set out in
:47:20. > :47:24.the review. We will need to have a satisfactory outcome which meet our
:47:25. > :47:31.requirements on all four areas of policy which I have described. Our
:47:32. > :47:33.position on welfare and migration remains as the prime ministers about
:47:34. > :47:40.in November and he repeated this morning.
:47:41. > :47:45.I note the constraints suggested by the Prime Minister that free
:47:46. > :47:49.movement of peoples is not working and will never work will stop even
:47:50. > :47:55.Sweden and Germany are realising this today. Would not a Visa system
:47:56. > :48:06.for all the fairer and safeguard our borders? We always keep our visa
:48:07. > :48:14.arrangements under review, but I would ask my honourable friend to
:48:15. > :48:18.think about the consequences for the way in which both business and
:48:19. > :48:25.tourism operate between us and our neighbours in other democracies in
:48:26. > :48:29.Europe, were there to be visas of the sort he is describing. It would
:48:30. > :48:37.have to reply -- apply in reverse to British tourists. Progress is
:48:38. > :48:40.leisurely, some might even describe it as lethargic. Because I like
:48:41. > :48:45.guessing games and want to encourage members to think, let me suggest to
:48:46. > :48:49.members that if they could model their contributions on those of the
:48:50. > :48:50.members for Wokingham and Birmingham Edgbaston, progress would be
:48:51. > :49:03.altogether speedier. In his statement, he used the phrase
:49:04. > :49:09.salary to be subsidised by the state, how will the Government
:49:10. > :49:12.French aid between a salary subsidised by the state for
:49:13. > :49:18.foreigners and tax credits for UK citizens? These are matters that
:49:19. > :49:23.will be addressed during the negotiation.
:49:24. > :49:32.Would he agree that in ensuring a full permanent access to the single
:49:33. > :49:36.market without joining the euro is a key objective for our future
:49:37. > :49:41.economic health and would be a key sign that our continued membership
:49:42. > :49:46.of a reformed EU itself the best of both worlds, prosperity and
:49:47. > :49:50.flexibility? I think he put that very well, and getting that is
:49:51. > :49:58.exactly what the Prime Minister is seeking. I was pleased to read that
:49:59. > :50:02.the Prime Minister hopes to be able to campaign with all his heart and
:50:03. > :50:11.soul to keep Britain in the EU. But any negotiation requires parities.
:50:12. > :50:13.What are his priorities? They are the four policy objectives that he
:50:14. > :50:21.set out this morning that I repeated in my statement today. After all the
:50:22. > :50:25.statements made by the Prime Minister, my right honourable
:50:26. > :50:29.friend, the Foreign Secretary, the former Foreign Secretary, the
:50:30. > :50:35.pledged to make national parliaments, restore the primacy of
:50:36. > :50:37.national parliaments, to get a fundamental opt out from the Charter
:50:38. > :50:45.of fundamental rights, to restore our borders, is that the sum total
:50:46. > :50:53.of the Government's position in this renegotiation? Is not the onus on
:50:54. > :50:58.those who advocate that we should stay in the EU to explain why we
:50:59. > :51:04.should put up with being a second tier country in an increasingly
:51:05. > :51:11.centralised European Union, paying more and more and losing more and
:51:12. > :51:15.more control? On the particular point of the Charter of fundamental
:51:16. > :51:19.rights, the Prime Minister referred to that in his speech, this is an
:51:20. > :51:25.issue that we will be seeking to address through the forthcoming
:51:26. > :51:30.British Bill of Rights. I think that he underestimates how demanding and
:51:31. > :51:35.far reaching the proposals that we have made will be. The Danish Prime
:51:36. > :51:39.Minister said this morning, responding to the Prime Minister's
:51:40. > :51:43.speech, what he proposed was a good basis for concrete negotiations but
:51:44. > :51:51.it will be difficult, and I hope we succeed because we need a strong UK
:51:52. > :51:53.in the EU. How will be Minister ensure that investment is not
:51:54. > :51:59.impacted by the uncertainty that will proceed the referendum,
:52:00. > :52:03.Berrigan mind that we in Northern Ireland have a unique situation with
:52:04. > :52:09.the land border with the South of Ireland that will continue to be
:52:10. > :52:14.part of the EU? She is right, it is one of the reasons why I regard it
:52:15. > :52:19.as an important responsibility on my part to keep very close contact with
:52:20. > :52:25.what the devolved administrations are thinking. At the moment, there
:52:26. > :52:30.are no signs that the flow of foreign direct investment is drying
:52:31. > :52:34.up, in fact it is still the case that the UK gets a bigger share of
:52:35. > :52:44.third country direct investment into the EU than any other member state.
:52:45. > :52:47.Given that he has conceded that several elements of the Prime
:52:48. > :52:51.Minister's letter would require treaty change, can he tell us what
:52:52. > :52:55.is his best estimate of the length of time that change would take, even
:52:56. > :53:03.if miraculously it would be immediately agreed? I don't blame
:53:04. > :53:09.him for asking what is a legitimate question, but this is something that
:53:10. > :53:17.we will be talking about in the context of the negotiations. It is
:53:18. > :53:19.true that each member state will have its own constitutional
:53:20. > :53:29.arrangements for ratifying any new treaty. Can the Minister tell us if
:53:30. > :53:33.the prime and Eszterhas told him the date by which he is going to make up
:53:34. > :53:38.its mind and tell us which way he is going to go in this referendum? Why
:53:39. > :53:44.is it he cannot set out, if we are voting to leave, just exactly what
:53:45. > :53:47.it is we are voting for? The Prime Minister will make his position
:53:48. > :53:52.clear at the end of the negotiations. It would seem odd to
:53:53. > :53:57.embark on a process of negotiations and declare what the outcome would
:53:58. > :54:03.be at the beginning. Can the Minister explain whether we or
:54:04. > :54:10.Europe can decide how many migrants should come to the UK? We are
:54:11. > :54:16.seeking a situation in which we have tougher rules against the abuse of
:54:17. > :54:20.freedom of movement by criminals, Forster 's and others, and also to
:54:21. > :54:30.reduce significantly the poor fact that our welfare system provides at
:54:31. > :54:32.present. You referred to working together to block unwanted European
:54:33. > :54:37.legislation. The fishing industry has been subject to European
:54:38. > :54:43.registration, more red tape and bureaucracy, less fishing boats,
:54:44. > :54:45.be in control of local fishing be in control of local fishing
:54:46. > :54:50.waters, not the EU. What is being waters, not the EU. What is being
:54:51. > :54:56.done to help our fishermen? We have demonstrated through actions our
:54:57. > :55:00.support for the UK's fishing communities in the reform of the
:55:01. > :55:05.common fisheries policy that British ministers helped to secure last
:55:06. > :55:08.year. That has led to a ban on the practice of discarding, something
:55:09. > :55:12.that British ministers and Government of all colours had been
:55:13. > :55:17.seeking for decades will stop and to a shift towards more local and
:55:18. > :55:22.regional management than was the case in the past. What has not been
:55:23. > :55:26.included in the statement is far more important than what has been
:55:27. > :55:30.included, nothing about regaining control over our trade deals with
:55:31. > :55:35.the rest of the world, nothing about regaining control over farming or
:55:36. > :55:39.over fisheries or over regional aid or state aid or ending free movement
:55:40. > :55:44.of people. Does he agree that today will be looked back on as the day
:55:45. > :55:48.when it became clear that the renegotiation amounts to no more
:55:49. > :55:52.than tinkering around the edges and fundamentally, on great areas of
:55:53. > :55:53.policy, this country will still finish up being told what to do by
:55:54. > :56:09.the rest of the EU? On two counts, first, because my
:56:10. > :56:13.honourable friend and estates the significance of the reforms that my
:56:14. > :56:18.right honourable friend the Prime Minister has proposed and secondly
:56:19. > :56:26.because if the decision of the British people, and it is for the
:56:27. > :56:30.British people, if they decide to stay within a reformed European
:56:31. > :56:35.Union, then the responsibility of this and any future British
:56:36. > :56:39.Government will be not to be passive, but to lead the debate
:56:40. > :56:48.within Europe and to secure outcomes that benefit the prosperity of the
:56:49. > :56:52.British people. Could I ask again what specifically from Scotland's
:56:53. > :56:58.agenda for EU reform has been mentioned in the negotiations? The
:56:59. > :57:04.last time I spoke to Scottish ministers about their proposals,
:57:05. > :57:09.they were keen on measures to deepen the single market in services and
:57:10. > :57:12.digital which would provide major benefits to Scotland and to take
:57:13. > :57:17.forward more trade deals with countries around the world. I would
:57:18. > :57:22.remind the honourable gentleman that greater access for the Scotch
:57:23. > :57:26.whiskey industry is up to foreign market and something the United
:57:27. > :57:36.Kingdom Government consistently puts at the forefront of its own input in
:57:37. > :57:41.the Brussels discussions. If the result of the EU Referendum Bill two
:57:42. > :57:46.BN jawing, it must not be on the basis of a force prospective. Will
:57:47. > :57:52.he give us an assuredness that any changing agreements will not be
:57:53. > :57:59.legally binding and not be subject to a fudge after the referendum is
:58:00. > :58:07.over? We need to have outcomes which make sure that whatever package of
:58:08. > :58:11.reforms can be achieved are legally binding and irreversible for the
:58:12. > :58:19.reasons that my honourable friend gives. There has been a lot of
:58:20. > :58:23.speculation about an early referendum. Without a running
:58:24. > :58:27.commentary, will the Minister set out the essential steps and
:58:28. > :58:34.timetable to make it possible to hold a referendum next year? It
:58:35. > :58:38.would need to have the Referendum Bill on the statute book and we
:58:39. > :58:44.would need to have a conclusion of European negotiations. When both
:58:45. > :58:49.those criteria have been fulfilled, we then need to allow time for
:58:50. > :58:53.secondary legislation appointing a specific date to go through both
:58:54. > :58:58.Houses of Parliament and after that has been completed, for the ten
:58:59. > :59:11.weeks or more minimum campaign period to be gone through. Is not in
:59:12. > :59:13.the national interests of our continental European partners to
:59:14. > :59:19.support the Prime Minister in seeking to reduce in work benefits,
:59:20. > :59:24.so in turn to reduce and stop the brain drain out of Europe? I
:59:25. > :59:34.completely agree with my honourable friend and I do think it is a tragic
:59:35. > :59:39.to when we find many highly qualified, very well educated men
:59:40. > :59:43.and women who feel they have no option but to take an unskilled
:59:44. > :59:49.low-paid job in another European country because they cannot find
:59:50. > :59:54.work at home. The long-term answer to this challenge must in large part
:59:55. > :59:59.to lie in the ability in national governments and the European Union
:00:00. > :00:05.to generate resurgent economic growth and add to opportunities for
:00:06. > :00:10.employment. Can that I cheer the minister by ensuring pro-reform
:00:11. > :00:13.members on the side of the House welcome his statement today? Can he
:00:14. > :00:18.set out what the Government's position will be in the event of an
:00:19. > :00:22.out vote because from this side of the House, we still have memories of
:00:23. > :00:25.the 90s and we don't want to see this Prime Minister marching out
:00:26. > :00:36.into the rose garden and inviting the member from Woking to shut up or
:00:37. > :00:40.put up. I am grateful for the honourable gentleman's kind thoughts
:00:41. > :00:48.but I always strive to continue to be cheerful in this job. The answer
:00:49. > :00:53.is that the result of the referendum is going to be regarded by the
:00:54. > :00:56.Government as binding. This is a sovereign decision for the British
:00:57. > :01:01.people as a whole to take and I am proud of the fact that it is my
:01:02. > :01:05.party and a Conservative Government that is giving the British people
:01:06. > :01:13.the right to take that decision finally. It has never been a matter
:01:14. > :01:18.of no immigration but wanting controlled immigration. What
:01:19. > :01:25.evidence is there that reducing access will stop button number of
:01:26. > :01:34.people coming to this country? I think the fact that 40% of people
:01:35. > :01:39.from elsewhere in the EU, living in the UK are in receipt of benefits or
:01:40. > :01:44.tax credits of some sort and it indicates that that is one of the
:01:45. > :01:50.major contributors to the pool factors. In the Prime Minister's
:01:51. > :01:55.speech this morning, he intended to scrap the Labour Human Rights Act.
:01:56. > :01:59.Is he a post to it because it was a Labour Government that implemented
:02:00. > :02:05.it or is he opposed to human rights on a more fundamental level? I am
:02:06. > :02:09.sorry if she was shocked by that sentence but it was something that
:02:10. > :02:16.was in the Conservative Party manifesto back in May. I have to say
:02:17. > :02:23.that she is entitled to defend the Blair Government's Human Rights
:02:24. > :02:30.Act, but this country enjoyed a long tradition of respect for human
:02:31. > :02:33.rights well before the Human Rights Act was enacted by the Blair
:02:34. > :02:43.Government and I am confident the UK will have a tradition when that has
:02:44. > :02:47.been replaced. I am proud to work -- walk through the division of breeze
:02:48. > :02:50.in support of the EU membership and does my right honourable friend
:02:51. > :02:58.think it is completely lacking credibility of the most of the
:02:59. > :03:02.parties opposite, to have fought for the right of the British people to
:03:03. > :03:07.have a say on the EU member ship and are now fighting the concept of
:03:08. > :03:15.reform? I think my honourable friend is right and I think that some of
:03:16. > :03:19.the honourable members opposite grossly underestimate the sense of
:03:20. > :03:23.resentment amongst many men and women in this country at having seen
:03:24. > :03:26.the treaty after treaty go through changing the balance of powers in
:03:27. > :03:35.Europe that the British people are never asked to have their say. It is
:03:36. > :03:38.sad that Christopher Columbus when he set out, didn't know where he was
:03:39. > :03:43.going and when he got there, didn't know where he was and when he got
:03:44. > :03:49.back, didn't know where he had been. Isn't the are facing the same
:03:50. > :03:52.question his holographic negotiation strategy and is the Minister not
:03:53. > :03:57.concern that in personalising this, as the Prime Minister's we
:03:58. > :04:02.negotiation, that would get a Prime Minister referendum on a question
:04:03. > :04:11.that the people see as something between a figment and a figleaf? The
:04:12. > :04:17.Government was elected on a manifesto reform and referendum. I
:04:18. > :04:22.enjoyed the joke but Christopher Columbus is remembered for having an
:04:23. > :04:28.achievement in navigation and discovery and having symbolised the
:04:29. > :04:33.opening of a new age. I hope this we negotiation is the start of a new
:04:34. > :04:40.age of greater flexibility, democracy and competitiveness for
:04:41. > :04:42.Europe. Some minutes ago, I heard my right honourable friend explained
:04:43. > :04:46.that the Bill of Rights would deal with our obligations under the
:04:47. > :04:51.Charter of fundamental rights. Can he explain whether he intends to
:04:52. > :04:55.legislate notwithstanding our obligations under the EU or does the
:04:56. > :04:58.Government have some other plan as yet unannounced to deal with
:04:59. > :05:07.voluntary subjection to the European Court of justice? The European Court
:05:08. > :05:11.of Justice has involved trade and the single market and has produced
:05:12. > :05:14.judgments that have been to the advantage of British interests. If
:05:15. > :05:21.you have a single market, you need to have some kind of independent
:05:22. > :05:25.arbiter between disputes. I can only say that he would need to contain
:05:26. > :05:31.his understandable impatience is a bit longer. My right honourable
:05:32. > :05:34.friend the Justice Secretary intends to announce details on the way
:05:35. > :05:40.forward in replacing the Bill of Rights and the implications of that
:05:41. > :05:44.policy. I welcome the statement today. There are some reasonable
:05:45. > :05:49.things that the Minister has set out to the House. There are many MPs on
:05:50. > :05:52.the side of the House who work constructively with him to get the
:05:53. > :05:56.best in the UK and to face down some of the abuses we have seen from his
:05:57. > :06:03.own side in a statement today. They are people that could recognise Lee
:06:04. > :06:09.leave the UK -- European Union without regard for this country. I
:06:10. > :06:13.have had the pleasure of vigorous and robust concessions --
:06:14. > :06:19.discussions with my honourable friends as well as the members
:06:20. > :06:23.opposite. Can I say, there are differences, passionately and
:06:24. > :06:27.honourably held differences of views across the House and all parties
:06:28. > :06:31.about the UK's relationship with Europe. I hope we can continue to
:06:32. > :06:40.take forward this debate in a spirit of mutual respect for people whose
:06:41. > :06:43.views may differ from our own. The debate around whether the Bush
:06:44. > :06:47.people should vote to remain or leave the EU has been encouraged by
:06:48. > :06:51.some in terms of the certainty of remaining against the uncertainty of
:06:52. > :06:54.leaving. Does my honourable friend agree that with the current
:06:55. > :06:58.uncertainty in Europe around the Eurozone and the impact of the
:06:59. > :07:06.migrant crisis, that voting to remain is as much a leap in the dark
:07:07. > :07:10.as voting to leave? I think that might honourable friend should wait
:07:11. > :07:14.until the conclusion of the negotiations because then I think we
:07:15. > :07:22.will have much greater clarity over the nature of the choice of British
:07:23. > :07:26.people. The Minister will be aware that the financial Secretary
:07:27. > :07:35.promised a negotiating level to achieve a 0 rate of VAT on feminine
:07:36. > :07:39.hygiene products. Will this be placed among the Prime Minister's
:07:40. > :07:47.other demands? It should not be a second-class issue on the European
:07:48. > :07:51.agenda. There was a clear pledge to the House from this dispatch box and
:07:52. > :07:59.the Government is going to pursue that. In part one of the letter on
:08:00. > :08:03.economic governance committee stays there are two sorts of members in
:08:04. > :08:07.the bureau and outside. Does my right honourable friend agree that
:08:08. > :08:09.many of the country currently outside the euro other than
:08:10. > :08:14.ourselves are likely to remain in that position for many years to come
:08:15. > :08:19.and therefore it is in the wider interests of the whole EU that the
:08:20. > :08:23.European Union accepts that reality and enters into our negotiations in
:08:24. > :08:29.an understanding of that fact? He makes an important point. There will
:08:30. > :08:36.be some EU member states that will be part of the single currency and a
:08:37. > :08:42.significant number that will be outside the single currency. Those
:08:43. > :08:44.who are in the Eurozone will lead to integrate their fiscal economic and
:08:45. > :08:48.political arrangements more closely and indeed this past ability of the
:08:49. > :08:52.current union is on the matters in the interests of the United Kingdom
:08:53. > :08:57.even though we are not going to join it. Getting that relationship right
:08:58. > :09:01.between Euro ins and Euro outs is a European challenge and something of
:09:02. > :09:09.our newbie -- something of our renegotiation for that reason. The
:09:10. > :09:13.Minister's statement consisted largely of significant chunks quoted
:09:14. > :09:17.from the Prime Minister's letter to President task. One of the things he
:09:18. > :09:21.did not repeat was the closing of that. The Prime Minister said," I am
:09:22. > :09:26.ready to campaign with all my heart and soul to keep Britain inside a
:09:27. > :09:31.reformed European Union. " Why did the Minister today not include that?
:09:32. > :09:45.Is it because instead of campaigning with his heart and soul with his
:09:46. > :09:55.party leader, he plans to lead Ukip? I remain confident of a successful
:09:56. > :10:02.outcome and join enthusiastically with my right honourable friend, the
:10:03. > :10:10.Prime Minister in request of a reformed European Union. May I thank
:10:11. > :10:27.him for his statement. I am pleased to see that rule nothing out
:10:28. > :10:32.features like -- features heavily. Free trade, immigration and benefits
:10:33. > :10:36.control, sovereignty of Parliament, economic governments and the removal
:10:37. > :10:41.of other closer union. Would he agree that the best way to achieve
:10:42. > :10:48.these aims is simple and that is to vote to leave?
:10:49. > :10:56.I let him blurted out, but the question suffered from the
:10:57. > :11:03.disadvantage of being too long. It would be good to avoid that in
:11:04. > :11:07.future. I say that to be helpful. No, I agree with the Prime Minister
:11:08. > :11:14.when he said that we would get the best of both worlds by continued
:11:15. > :11:24.membership of a reformed EU which provided us with the amplified power
:11:25. > :11:28.for our own economic and security objectives through international
:11:29. > :11:34.work, which which was also a Europe more committed in the future than
:11:35. > :11:41.now to democratic accountability, to acceptance of its own diversity, and
:11:42. > :11:44.to economic competitiveness. Yesterday the Irish Prime Minister
:11:45. > :11:49.and Taioseach was in Downing Street, he spoke about his concerns of the
:11:50. > :11:54.impact and exit would have. Does he accept this is shared by many people
:11:55. > :11:57.in Britain? What is the Government proposing to do? We have a close
:11:58. > :12:09.relationship with Ireland. It is true that the quality of that
:12:10. > :12:14.relationship, the reconciliation in Northern Ireland, has in part been
:12:15. > :12:17.brought about in the context of the fact that the UK and Ireland have
:12:18. > :12:25.worked closely together as partners within the EU. We will be listening
:12:26. > :12:29.to all our friends across Europe, as well as to the views of leaders in
:12:30. > :12:34.Northern Ireland, but this is a matter for the people of the UK to
:12:35. > :12:43.decide, just as the Irish people many times have voted whether or not
:12:44. > :12:48.to accept new EU treaties. I wish to thank him for making the statement,
:12:49. > :12:53.commend him on the way he goes about making them and the wakey engages
:12:54. > :12:58.with the house, and welcome the evolution of the and policies within
:12:59. > :13:02.the statement. My constituents will make their mind up on two things,
:13:03. > :13:10.whether we control our borders and the ability to trade with the
:13:11. > :13:19.world. What is his assessment of the ability of the EU to conclude future
:13:20. > :13:25.free-trade deals? It is sometimes complex and challenging to get an
:13:26. > :13:28.agreed negotiating position across 28 countries and give the mandate to
:13:29. > :13:34.the commission to negotiate collectively on our behalf, but the
:13:35. > :13:40.leveraged that derives from negotiating as a market place of 500
:13:41. > :13:46.million people is very significant, it makes other governments even of
:13:47. > :13:50.large countries more willing to endure the political hassle that
:13:51. > :13:55.they themselves faced with their own is this interests in order to bring
:13:56. > :14:01.about free trade agreements that I believe are a win-win for both sides
:14:02. > :14:04.of. Given that the Government has rejected the principle of a double
:14:05. > :14:08.majority in the referendum, will he accept the result if England votes
:14:09. > :14:13.narrowly to leave but is outvoted by the rest of the UK voting to stay
:14:14. > :14:20.in? Will his backbenchers, who have not asked a single supportive
:14:21. > :14:30.question, except it? It is the UK that is the member state of the EU.
:14:31. > :14:36.I remind him that his party in May was against giving the people of
:14:37. > :14:44.Scotland or anywhere else in the UK the chance to vote on their future
:14:45. > :14:55.in Europe. I respect him very much indeed, but does he seriously
:14:56. > :15:00.believe that the grudging enjoined, National where possible, reiterated
:15:01. > :15:06.in the Donald Tusk letter and in his speech today, is a sufficiently
:15:07. > :15:14.ambitious lodestar for the UK negotiations? It is one important
:15:15. > :15:20.and significant element in that negotiation, it is not the whole
:15:21. > :15:26.story. I welcomed the statement today. It is an important step on
:15:27. > :15:32.the journey towards fundamental reform. Given the unsustainable
:15:33. > :15:37.migration flows, does he agree it is important to ensure that businesses
:15:38. > :15:41.from the EU must first reside here and also contribute before they
:15:42. > :15:46.qualify for in work benefits and social housing? Will he make this an
:15:47. > :15:56.urgent priority? That is exactly the objective that the Prime Minister
:15:57. > :16:01.set out in his speech today. Does he agree that it is in both our and the
:16:02. > :16:07.EU's interests to trade more freely with high growth potential
:16:08. > :16:11.Commonwealth economies? If the EU continues to move Glace Ely on this
:16:12. > :16:12.issue, we should build more agreements with the Commonwealth on
:16:13. > :16:23.our own? The Commonwealth countries,
:16:24. > :16:32.important though they are, account for only 17% of global GDP, taken
:16:33. > :16:38.together. I agree with his emphasis on the need to forward's forge
:16:39. > :16:41.free-trade agreements on emerging economies as well as with developed
:16:42. > :16:47.economies, but I caution against thinking that it would be somehow
:16:48. > :16:51.quicker and easier to strike such a deal if it were big UK with 65
:16:52. > :17:00.million people negotiating rather than the EEC with 500 million -- PE
:17:01. > :17:05.you. At this time of renegotiation, those who have their mind set on
:17:06. > :17:11.what they are going to do are almost irrelevant, but would he sent a
:17:12. > :17:23.message to those Europhiles, like Professor Fixx, who gave evidence,
:17:24. > :17:28.who felt that no matter what is achieved, if nothing changes, we
:17:29. > :17:37.will opt to leave? The Prime Minister is clear that he believes
:17:38. > :17:40.that serious reforms are essential. If the British people are to believe
:17:41. > :17:50.their future lies in membership of the EU. If we vote to leave, how
:17:51. > :17:59.long will a legally binding except take? Days, weeks, months or years?
:18:00. > :18:02.He is understandably inviting me to speculate about a post-referendum
:18:03. > :18:06.outcome when the Government is focused upon what is happening
:18:07. > :18:13.during the election. I would suggest he might like to study Article 50 of
:18:14. > :18:17.the treaty on EU, sub sections two and three, which will give him more
:18:18. > :18:23.detail. I am sure it is in the library! I expect the Minister of
:18:24. > :18:31.State could reproduce it backwards in Sanskrit and probably did so when
:18:32. > :18:35.he won University Challenge. I thank the Minister for his statement and
:18:36. > :18:40.the fortitude he has shown. Would he agree that the crisis in the
:18:41. > :18:44.Eurozone sees the need for the Eurozone countries to move together,
:18:45. > :18:47.but the key for our negotiations have to be that Europe needs to do
:18:48. > :18:54.less but better? Peep at the point well and said
:18:55. > :19:09.simply, and I agree. The EU is very slow at concluding
:19:10. > :19:13.important free-trade deals around the world, which can harm our
:19:14. > :19:16.international competitiveness. Is the Government still committed to
:19:17. > :19:23.negotiating a means to fast-track important free-trade deals in
:19:24. > :19:28.Europe? We believe that Europe needs to take forward with much greater
:19:29. > :19:34.energy and determination the work in securing free-trade deals. We think
:19:35. > :19:41.that the recently published strategy by the commission demonstrates a new
:19:42. > :19:48.and raised level of ambition, which we welcome, but we want to see the
:19:49. > :19:51.agenda turbo-charged. Will he agree with me that when we find ourselves
:19:52. > :19:55.in the position as a sovereign parliament where we cannot even
:19:56. > :20:00.reduce the level of VAT on women's sanitary products, the EU has too
:20:01. > :20:06.much power, and will he join me in criticising those who say that they
:20:07. > :20:09.will stay in at any price, because they undermine our renegotiation
:20:10. > :20:16.is? Without a walk away position, there can be no meaningful
:20:17. > :20:23.negotiation. The Government is clear that we need to see some very clear
:20:24. > :20:26.agreed reforms in order to make the recommendation to the British people
:20:27. > :20:32.that the Prime Minister said he wishes to do. But also, that the
:20:33. > :20:35.British people will need to see serious reform if they are to be
:20:36. > :20:41.persuaded to vote in favour of continued membership. Beyond that,
:20:42. > :20:45.Europe as a whole would benefit from the sort of reforms that we are
:20:46. > :20:48.advocating, because there are too many jobless young people in Europe
:20:49. > :20:54.who need greater European competitiveness and in many European
:20:55. > :20:57.countries we are seeing a sense of dissatisfaction and alienation from
:20:58. > :21:04.the way in which decisions are taken in Brussels. He was correct when he
:21:05. > :21:09.said at the beginning that we have a mandate to renegotiate, fax to us
:21:10. > :21:14.securing a Conservative victory at the general election. Does he agree
:21:15. > :21:17.that the reforms need to be permanent and irreversible as well
:21:18. > :21:19.as sufficient, otherwise my residents and elsewhere will vote to
:21:20. > :21:37.leave? I'd agree. Does he agree that the referendum at
:21:38. > :21:41.the end of these big stations must be final and that there can be no
:21:42. > :21:49.question of second chances or further renegotiation if people
:21:50. > :21:54.choose to leave? Yes, this decision that the British people make will be
:21:55. > :21:58.binary, as the Prime Minister has said, this is the most important
:21:59. > :22:02.vote for the future of this country that any of us who are of voting age
:22:03. > :22:08.will take part in during our lifetimes. The idea that somehow you
:22:09. > :22:14.can go away and think again is at odds with reality and with the
:22:15. > :22:22.procedure spelt out in the treaties. Time for desert. May I thank the
:22:23. > :22:28.excellent Europe Minister for making the statement and for his long
:22:29. > :22:33.tenure in office and the way he has managed to change position so many
:22:34. > :22:36.times? On occasion, I almost leave him. Would he thank the Prime
:22:37. > :22:45.Minister for his honesty in coming forward with a package that makes it
:22:46. > :22:48.clear that, if the package is successful, we will still be in a
:22:49. > :22:53.political union and we will still have free movement? That allows
:22:54. > :22:58.Eurosceptics to say, no longer do we have to pretend there will be a
:22:59. > :23:03.substantial negotiation, we can campaign to get out, and will he
:23:04. > :23:07.passed my thanks on? I am always happy to pass on compliments, I have
:23:08. > :23:12.to confess that I would have been somewhat surprised had almost
:23:13. > :23:15.anything that I said been enough to set the site him, but I am sure we
:23:16. > :23:31.will have these debates in the future. Order. I have received a
:23:32. > :23:35.report from the tellers in the no lobby, about the Scotland Bill
:23:36. > :23:42.yesterday, informing me that the number of those voting no was
:23:43. > :23:59.erroneously reported as 269 instead of 289. The ayes were 56, the noes
:24:00. > :24:07.289. Order. We come now to the presentation of Bill. Coroners and
:24:08. > :24:15.Justice act 2009, duty to investigate Amendment Bill. Second
:24:16. > :24:16.reading what they? 29th of January. Order, we come to the ten minute
:24:17. > :24:27.rule motion. I beg to move that leave the given
:24:28. > :24:31.to bring in a bill to establish a target for the relocation of central
:24:32. > :24:35.Government functions, offices and staff from London to other parts of
:24:36. > :24:38.the UK to make provision for implementation, altering and
:24:39. > :24:45.performance reporting against such targets and for connected purposes.
:24:46. > :24:49.This bill would ensure more balanced economic growth across the country,
:24:50. > :24:52.drink new jobs and greater prosperity to areas who have
:24:53. > :24:57.struggled, reduce pressure on the overheat of London economy and save
:24:58. > :25:03.billions to help reduce the deficit. They should also be seen as a part
:25:04. > :25:05.of the debate about devolution and improving public services, because
:25:06. > :25:13.they would improve policy-making, reform public services by getting
:25:14. > :25:18.Government to work together, there would bring Government closer to the
:25:19. > :25:22.people and enable civil servants to see what life is like for people in
:25:23. > :25:28.Dudley and elsewhere. This would move the vast majority of civil
:25:29. > :25:31.servants from departmental's non-departmental bodies from
:25:32. > :25:35.London, 100,000 jobs from the capital to the rest of the country,
:25:36. > :25:40.distributing wealth more fairly, making a huge contribution to the
:25:41. > :25:43.regeneration of 50 city and town centres, benefiting London by making
:25:44. > :25:48.more than 20 million square feet of real estate available for new is the
:25:49. > :25:56.start-ups or for conversion into desperately needed homes. They would
:25:57. > :25:57.benefit the taxpayer by saving an initial ?10 billion and ongoing
:25:58. > :26:08.annual savings of 725 million. We live in one of the most
:26:09. > :26:12.centralised countries in the world. According to the OECD, central
:26:13. > :26:18.government control 70% of government expenditure compared to 35% in
:26:19. > :26:22.France and 19% in Germany. Unlike most other economies, only 2% of
:26:23. > :26:26.taxation is raised at a local level and government finance, business,
:26:27. > :26:30.broadcasting, media, culture and the arts or all concentrated here in
:26:31. > :26:34.London. As a result investment in growth has been concentrated in the
:26:35. > :26:39.capital and stifled elsewhere. The economic outputs of seven out of
:26:40. > :26:42.eight of the UK's largest cities consistently performed below the
:26:43. > :26:47.national average whereas in Germany all eight of the largest cities
:26:48. > :26:51.outside Berlin outperform the national average and there is a
:26:52. > :26:54.similar picture in Sweden, Italy and France. The historical North-South
:26:55. > :26:58.divide has been reinforced with the dominance of Finance and the
:26:59. > :27:00.weakness of manufacturing which has benefited the capital of the region
:27:01. > :27:05.is hard. These factors have is hard. These factors have
:27:06. > :27:08.distorted public -- government policy for decades and exacerbated
:27:09. > :27:12.the decline of traditional industries and hampered the region
:27:13. > :27:18.abilities to get new jobs to replace them. Since the 1940s to have been
:27:19. > :27:21.six attempts to decentralise government departments, most
:27:22. > :27:25.recently the Lyons review in 2004 and the Smith review in 2010. For
:27:26. > :27:31.example, hundreds of civil servants moved to Sheffield in 1979 to move
:27:32. > :27:35.to run the newly created Manpower services commission. The NSC and the
:27:36. > :27:39.training agency brought many jobs to the city and David Fletcher said the
:27:40. > :27:43.bulk of those jobs in some shape or form are still here. Some jobs do,
:27:44. > :27:47.and go but it has given us a platform to build for growth.
:27:48. > :27:50.Elsewhere there was Cecil transfers to Bootle, Bristol, the Northwest
:27:51. > :27:55.and bid and burdens so there were some success but this proposal is
:27:56. > :27:59.more radical. The proportion of the country's civil servants located in
:28:00. > :28:07.the capital actually increased every year between 2010 and 2015. There
:28:08. > :28:11.are now 79,000 civil servants and 63,000 staff from non-departmental
:28:12. > :28:16.public bodies based in London. Despite deep cuts elsewhere in the
:28:17. > :28:23.country, there are now 5000 words civil servants in the capital, in
:28:24. > :28:28.2013. The capital's civil servants occupied almost 30 million square
:28:29. > :28:33.feet of space. The equivalent of 57 London gherkins. The average annual
:28:34. > :28:38.cost is 806 to ?7 a square metre. More than twice the national average
:28:39. > :28:42.of ?406. Worse still, newly created public bodies and the Government
:28:43. > :28:45.digital service, health education in England and the Government
:28:46. > :28:48.communications service of all been located in London and have not been
:28:49. > :28:53.joined up with the wider public sector. When I was there in the last
:28:54. > :28:57.Labour government, I am sure I had meetings with fewer than 30 of the
:28:58. > :29:01.thousand or so civil servants who worked there. E-mail and video
:29:02. > :29:06.conferencing, the rest could have been based anywhere in Britain. The
:29:07. > :29:09.civil service, let's move all posts that don't require regular
:29:10. > :29:14.face-to-face contact with ministers in addition to all 24 of the newly
:29:15. > :29:20.created non-departmental bodies, all 43 regulators, inspectorates and
:29:21. > :29:24.ombudsman and all bodies with the localism or regeneration been Mick
:29:25. > :29:29.HS2, visit Britain ordered the other agencies to other parts of the
:29:30. > :29:31.country. Between seven and a half thousand and 10,000 civil servants
:29:32. > :29:37.would remain in London but flexible meeting space and room is available
:29:38. > :29:40.when needed. You can even have more ministers from different
:29:41. > :29:44.departments, private policy people in one building, imagine what that
:29:45. > :29:46.could do for cross departmental working and getting ministers and
:29:47. > :29:51.departments collaborating more closely. Across the country, civil
:29:52. > :29:54.servants and local and regional government offices should share
:29:55. > :29:59.buildings and work together more effectively as well. Towns and
:30:00. > :30:02.cities could bid or submit proposals to host departments, church services
:30:03. > :30:12.and save money, but wouldn't it make sense for example... Transported to
:30:13. > :30:18.Birmingham in the south of the country, the CMS to Manchester where
:30:19. > :30:25.you have got the BBC, world beating sport teams and facilities and Defra
:30:26. > :30:35.in Norwich. Doncaster, Grimsby, Burrow, whole... -- imagined, and of
:30:36. > :30:39.course to Chesterfield. Imagine how much easier it would be to improve
:30:40. > :30:43.the skills and boost spending on science and technology in the
:30:44. > :30:46.Midlands if you had central government civil servants, local
:30:47. > :30:49.government offices and universities and industry working closely
:30:50. > :30:52.together in the same place. Imagine how the quality of policy-making
:30:53. > :30:56.would improve if central government civil servants were based in the
:30:57. > :30:59.regions, seeing it first hand and on a daily basis the problems they were
:31:00. > :31:02.trying to solve. This should be part of the devolution debate taking
:31:03. > :31:07.place not just in Scotland and Wales but the regions are thing and also.
:31:08. > :31:12.Local authorities, businesses and MPs in the West Midlands are working
:31:13. > :31:15.hard to put a bid together and negotiate a devolution deal but
:31:16. > :31:18.think how much more powerful the regions could be if central
:31:19. > :31:23.government departments were playing the full role. According to analysis
:31:24. > :31:26.by the new local government network, the traditional ways of organising
:31:27. > :31:31.public services in rigid and independent central departments
:31:32. > :31:35.suffer the local -- separate from the local government departments is
:31:36. > :31:37.less effective when there is less money to spend, and ageing
:31:38. > :31:43.population and more complex needs. We need to find new ways of working.
:31:44. > :31:50.For example the NHS faces a ?30 billion funding gap by 2030. The
:31:51. > :31:57.centrally managed work programmes failing to get sustainable jobs...
:31:58. > :32:03.Still face serious skill shortages in many parts of the country. The
:32:04. > :32:07.answer to that I think is empowering local people based on sophisticated
:32:08. > :32:11.understanding of local community's needs, local expertise,
:32:12. > :32:15.collaboration between central and local government departments in the
:32:16. > :32:20.health service to make those needs. That is clearly much more
:32:21. > :32:25.intelligent, overlapping traditional way also those like health and
:32:26. > :32:28.unemployment. Devolution and decentralisation will put local
:32:29. > :32:31.people in charge and remove layers of bureaucratic rules and
:32:32. > :32:34.prescriptions so we can develop a former government were flexible,
:32:35. > :32:39.innovation and adaptation to needs become the norm and not the
:32:40. > :32:44.exception. Finally, this would also help address the huge problem of
:32:45. > :32:45.disengagement and distrust of London and Westminster institutions. It
:32:46. > :32:50.makes a massive difference when people can see decisions being made
:32:51. > :32:54.locally to meet their needs, cut through the cynicism that many
:32:55. > :33:09.people feel about politics. My experience as minister of the West
:33:10. > :33:11.Midlands taught me that when you to local people, when funds are
:33:12. > :33:13.devolved and when central government and local authorities, businesses,
:33:14. > :33:15.universities work together and are empowered to implement the answers,
:33:16. > :33:17.decisions are taken more quickly and the solutions are more effective.
:33:18. > :33:19.When you look at our brilliant nuclear station complex in
:33:20. > :33:21.Birmingham, one of the biggest city centre redevelopment programmes in
:33:22. > :33:24.the country, the runway extension which we got much more quickly in
:33:25. > :33:26.the Midlands and has been the case with airport development projects
:33:27. > :33:31.elsewhere in the country, the new JL are planned, all of these huge
:33:32. > :33:35.redevelopment projects, would never have got off the drawing board
:33:36. > :33:39.without government departments letting local authorities and the
:33:40. > :33:41.private sector and others in the West Midlands exercise their
:33:42. > :33:46.leadership and use their expertise to transform the region. Those show
:33:47. > :33:51.what regions are capable of doing. Imagine what were could do to
:33:52. > :33:53.transform the country if central government departments were
:33:54. > :33:57.decentralised and the functions would devolve. Madam Deputy
:33:58. > :34:00.Speaker, let's transform the way government works, to transfer the
:34:01. > :34:06.country so that as we emerge from the recession, and the economy grows
:34:07. > :34:09.again, we won't make the mistakes of the past. Don't leave any community
:34:10. > :34:14.behind. We will build a stronger economy right across the country
:34:15. > :34:22.with better skills, new industries, jobs and open opportunities for
:34:23. > :34:25.people in all parts of Britain. The quest... The question is that the
:34:26. > :34:31.honourable member has leave to bring in the Bill as many of that opinion
:34:32. > :34:36.say aye, of the country know. The ayes have it. Who will prepare and
:34:37. > :34:41.bring in the Bill? Alison McGovern, Nicholas Brown, Adrian Bailey,
:34:42. > :34:47.Andrew Quinn, Caroline Flint, Chris Evans, Ian Wright, Diane Johnson,
:34:48. > :35:29.John Mann, Liam Byrne, Helen Jones and myself. Ian Austin.
:35:30. > :35:36.Government departments decentralisation target Bill. Second
:35:37. > :35:45.reading, what they? 22nd of January. Programme motion, minister to
:35:46. > :35:51.move... Kevin Brennan. Thank you. I don't want to detain the House or
:35:52. > :35:54.divide the House on this matter but I figured it's important to put on
:35:55. > :35:58.record that we did seek more time for today's many stages of the Trade
:35:59. > :36:04.Union Bill that has been further truncated by a lengthy statement on
:36:05. > :36:09.Europe. Suffice to say, if the Government continues to use
:36:10. > :36:11.programme motions in this way, and insert statements in order to
:36:12. > :36:16.truncate debate on very controversial matters, it will only
:36:17. > :36:19.serve to weaken this place and its ability to scrutinise legislation
:36:20. > :36:25.and strengthen the other place it I am sure will be very keen to
:36:26. > :36:31.scrutinise this legislation further when it arrives down there after
:36:32. > :36:36.today's proceedings. Thank you. Like the member for Cardiff West, we also
:36:37. > :36:42.saw additional time. This is a highly controversial Bill, with much
:36:43. > :36:48.media interest and at the Bill Committee there were 50 divisions
:36:49. > :36:52.where every cause of this Bill was up for debate. The timetable today
:36:53. > :36:57.does not lead to the whole house having the same scrutiny on every
:36:58. > :37:01.Clause. Ideally we would have wanted more protected time to discuss all
:37:02. > :37:07.of these bills so we can debate all because as in this Bill. Just
:37:08. > :37:11.briefly because I do want us to use the time to the purpose to which it
:37:12. > :37:14.was intended, but the honourable gentleman knows full well that when
:37:15. > :37:18.it comes to his own contributions, what matters is quality not
:37:19. > :37:23.quantity. He didn't have the advantage of joining us on the Bill
:37:24. > :37:26.Committee. But he no doubt was informed by the person who
:37:27. > :37:30.represented the opposition in that Bill Committee that the Bill
:37:31. > :37:33.Committee finished early. We did not use the full amount of time that was
:37:34. > :37:48.allocated under the programme motion. I believe that this Bill has
:37:49. > :37:53.received proper scrutiny. If I am allowed to, thank you... I was just
:37:54. > :37:56.thinking that the opposition here are protesting somewhat too much.
:37:57. > :38:02.Looking at the amendments that have been tabled today, I was absolutely
:38:03. > :38:05.amazed by the lack of amendments on very important parts of the Bill
:38:06. > :38:11.that may have been discussed at Committee, while you may not have
:38:12. > :38:15.had time, you had time to put in the amendments, and they were not put in
:38:16. > :38:20.and we are not today debating very significant part of the Bill but I
:38:21. > :38:25.think should be. -- that I think should be. The question is the Trade
:38:26. > :38:31.Union Bill programme motion as on the order paper. As many of that
:38:32. > :38:35.opinion, say I'd... On the contrary note. The ayes have it, the ayes
:38:36. > :38:41.have it. The clock will now proceed -- the court will now proceed to
:38:42. > :38:47.read the orders of the day. As amended in the Public Bill Committee
:38:48. > :38:51.to be considered... We begin with amendment 15 with which it will be
:38:52. > :38:55.convenient to consider the associated amendments and new
:38:56. > :39:02.clauses listed in Mr Speaker's provisional selection. Chris
:39:03. > :39:08.Stephens... Thank you. I beg to move the amendments in my name and those
:39:09. > :39:22.my honourable friend 's and those are amendments 15, 16, 17, 18, 19,
:39:23. > :39:29.20, 21, 22, 14, 34, 31, 32, 33, new Clause ten which I begin my remarks.
:39:30. > :39:34.Before I do, I do want to pay tribute to the member for Cardiff
:39:35. > :39:39.South and Karen ours who led for the Labour Party in the Bill Committee,
:39:40. > :39:45.I thought with great diligence. I welcome the member for Cardiff West
:39:46. > :39:50.in his place. I also pay tribute to the Conservative members of the Bill
:39:51. > :39:55.Committee who were trying to defend the indefensible. I pay tribute to
:39:56. > :40:00.the Labour members for Newport East, Cardiff Central, Gateshead,
:40:01. > :40:04.Middlesbrough South and East Cleveland and Sunderland Central.
:40:05. > :40:07.However I think the star of the show and probably be some type of the
:40:08. > :40:13.Bill Committee came from Mike honourable friend, who had commented
:40:14. > :40:16.that the minister presented in the Bill with great moderation but was
:40:17. > :40:27.entirely disingenuous. This is a catch all amendment that
:40:28. > :40:31.limits the Bill from applying to the public sector throughout the UK
:40:32. > :40:34.without the consent of the Scottish parliament, Welsh assembly, Northern
:40:35. > :40:40.Irish assembly, neither of London and other public bodies in England.
:40:41. > :40:43.To protect our approach of working in partnership with unions, we took
:40:44. > :40:48.the view that Scotland should be excluded from the entire trade union
:40:49. > :40:51.Bill, however, having heard the representations from other political
:40:52. > :40:58.parties and indeed from many across the trade union and labour movement
:40:59. > :41:01.we have restricted the extent of the Bill from applying without consent
:41:02. > :41:06.to each situation and authority who will be impacted by the changes
:41:07. > :41:09.contained within this Bill. I will. On the point of local authorities I
:41:10. > :41:17.think it is arrogant for the government to impose this on local
:41:18. > :41:20.authorities without the negotiations on the Chekhov system. Kilmer I
:41:21. > :41:24.thank the honourable gentleman for his intervention, he like many
:41:25. > :41:27.others in this place was the leader of a local authority and he will
:41:28. > :41:31.know that he would have been negotiating with the trade unions on
:41:32. > :41:36.issues like the facility time to make sure that agreements are made
:41:37. > :41:39.in time to make sure that grievances are having time to avoid these sorts
:41:40. > :41:43.of issues going to tribunal and I agree with him that it is arrogant
:41:44. > :41:49.and I think it is out of order for UK Government to make decisions in
:41:50. > :41:52.respect of facility time, Chekhov for example, which has been opposed
:41:53. > :41:57.by many local authorities across the UK. Proposals in this Bill have the
:41:58. > :42:00.potential to undermine the effective engagement of trade unions across
:42:01. > :42:06.Scottish workplaces and indeed across the UK, and in particular the
:42:07. > :42:10.public sector. The Scottish Government is working on a response
:42:11. > :42:12.with the fare worst invention, have shown a commitment to building a
:42:13. > :42:17.stronger, more collaborative approach to the relationship between
:42:18. > :42:20.trade unions, employees and employers. Become a nation of the
:42:21. > :42:24.provisions in this Bill will affect employees right to strike, changing
:42:25. > :42:32.the ablation ship between negatively and leading to greater confusion
:42:33. > :42:35.amongst employees. This will undoubtedly hit Scottish business,
:42:36. > :42:39.especially across the public services in Scotland and elsewhere
:42:40. > :42:43.in the UK. As with many bills from this house the devil is reserved in
:42:44. > :42:45.the detail and with a lot of the details still to be set out in
:42:46. > :42:51.regulations we are unaware of what else could be coming down the line.
:42:52. > :42:55.Moreover there will be no formal opportunity at this stage for the
:42:56. > :42:58.Scottish Government are indeed any other authority to influence such
:42:59. > :43:03.regulations even though they were directly impacted on them. According
:43:04. > :43:06.to witness evidence, Madam Deputy Speaker, there is concern that the
:43:07. > :43:09.Bill could lead to a concert is crisis. If the devolved
:43:10. > :43:14.administrations refused to implement the content of the Bill, the Bill
:43:15. > :43:18.potentially cut across devolved areas and could lead to confusion
:43:19. > :43:22.and conflict of interest in its application to existing and new
:43:23. > :43:27.contracts due to the ongoing local government reforms in other areas
:43:28. > :43:31.and indeed in the evidence sessions David Prentice the general secretary
:43:32. > :43:35.of Unison have made the comment that the new combined authorities of
:43:36. > :43:39.England will have a lot of expenses of powers except the power to
:43:40. > :43:45.determine Chekhov and facility arrangements. The first minute of
:43:46. > :43:49.Scotland's Nicholas Turgeon has stated in a programme for and
:43:50. > :43:55.42015-2016, my government will vigorously oppose any legislation
:43:56. > :44:00.that seeks to undermine the rights of unions to fairly and reasonably
:44:01. > :44:04.represent their members. The Welsh First Minister has echoed these
:44:05. > :44:09.concerns when he wrote to the game is over concerns about the trade
:44:10. > :44:16.union Bill, stating that this should be a matter for the National
:44:17. > :44:20.Assembly for Wales. The Scottish Government maintains positive and
:44:21. > :44:24.stable industrial relationships in Scotland, underlined by the strong
:44:25. > :44:29.partnership with the Scottish Government and the ST UC, who
:44:30. > :44:34.recently reaffirmed a memorandum of understanding signed in May 2015.
:44:35. > :44:38.The memorandum also pledged the Scottish Government to work with the
:44:39. > :44:41.ST UC to oppose Conservative austerity and demanding further
:44:42. > :44:49.powers for Scotland. The Scottish Government use trade unions as
:44:50. > :44:53.partners in maintaining democracy in the society and workplace and the
:44:54. > :44:55.existence of good employment practices, it is a key contributor
:44:56. > :45:04.to economic repetitive this and social justice. I will. He has made
:45:05. > :45:07.the case for the Scottish Government, within the committee,
:45:08. > :45:10.was there any evidence whatsoever put forward by the government of any
:45:11. > :45:17.public body expressing a view different from that of the Scottish
:45:18. > :45:21.Government? I thank the honourable gentleman for giving way and he is
:45:22. > :45:29.right, there is no evidence presented at the Bill committee from
:45:30. > :45:32.a public body in support of this Bill, we heard from the Tory
:45:33. > :45:37.Taliban, the taxpayers Alliance have supportive of some of these measures
:45:38. > :45:40.but no public body. The restriction, Madam Deputy Speaker, will ensure
:45:41. > :45:43.that none of the provisions within this Bill will apply without consent
:45:44. > :45:47.of the relevant authorities. Within this grouping we have placed
:45:48. > :45:54.amendments to the application of the most... I will. Constituent of mine
:45:55. > :45:58.in heart will welcome the protection, many of them
:45:59. > :46:02.hard-working commuters, will welcome the protection against unjustified
:46:03. > :46:04.strikes. While London should have a veto over these measures when they
:46:05. > :46:12.will not have a say under this proposals. The honourable gentleman
:46:13. > :46:16.refers to unjustified strikes, I am not aware of any unjustified
:46:17. > :46:20.strike. There seems to be a notion presented by the Conservative Party
:46:21. > :46:24.in the Conservative benches that low turnouts are due to lack of support.
:46:25. > :46:30.I think that is just not the case. The case being advanced by the
:46:31. > :46:33.government, in this issue, seems to suggest that trade union officials
:46:34. > :46:36.and trade union stewards in the workplace developed after the ballot
:46:37. > :46:45.result mystical powers of persuasion. Almost Jedi like powers
:46:46. > :46:49.of persuasion. As everyone with the hands means that this is the strike
:46:50. > :46:54.you looking for. That frankly is a nonsense. I have to say to you. What
:46:55. > :46:58.was interesting in the Bill committee that the honourable
:46:59. > :47:00.his passenger transport groups were his passenger transport groups were
:47:01. > :47:04.very concerned about aspect of the Bill and they were very concerned
:47:05. > :47:09.about the aspects in relation to agency workers, untrained agency
:47:10. > :47:15.workers with respect to transport. I gave way to the member. Thank you
:47:16. > :47:18.Madam Deputy Speaker, I am grateful to the honourable gentleman
:47:19. > :47:23.forgiving way. Will he agree with me that if the Conservative Party were
:47:24. > :47:26.so interested in having having more people take part in strike ballots
:47:27. > :47:31.they will allow Telecom in voting and they will allow secure workplace
:47:32. > :47:35.balloting to? I will come to that point, I was curious that the Bill
:47:36. > :47:38.committee were advised that the balloting was and secure and secure
:47:39. > :47:46.and I will come onto that later on in my contribution. We have placed
:47:47. > :47:49.these amendments, amendment 15 at various applications are close to
:47:50. > :47:52.that introduced a 50% turnout requirement for industrial action
:47:53. > :47:56.ballots, in addition to the current requirement for the majority vote in
:47:57. > :47:58.favour of action. The government proposals will undermine
:47:59. > :48:01.constructive employment relations throughout the United Kingdom.
:48:02. > :48:07.Effective negotiations between unions and employers rely on equal
:48:08. > :48:10.bargaining power. The ability of unions to organise lawful industrial
:48:11. > :48:14.action ensures that employers take the views of their workforce
:48:15. > :48:19.seriously and engage in genuine negotiations. The statutory
:48:20. > :48:21.threshold make it very difficult for unions to organise industrial
:48:22. > :48:26.action, especially in larger workplaces and those with more
:48:27. > :48:30.dispersed workforces. As a result the legislation is expected to have
:48:31. > :48:33.a wide-ranging impact on the ability of trade union members to take
:48:34. > :48:39.industrial action in defence of their jobs. Their working conditions
:48:40. > :48:44.and their livelihoods. It is in the employers and employees interests
:48:45. > :48:47.for this to be solved quickly and amicably. The government's proposals
:48:48. > :48:50.mean that disputes are more likely to become a protracted. The
:48:51. > :48:55.introduction of ballot thresholds would mean that unions take more
:48:56. > :48:57.time in the run-up to ballots to ensure the necessary turnout, this
:48:58. > :49:04.will inevitably divert time and effort away from finding an amicable
:49:05. > :49:09.settlement. I give way. I thank the honourable gentleman. This is one of
:49:10. > :49:12.these bills that the Tories were -- that the Tories when they have
:49:13. > :49:15.trouble bring forward. But a lot of this is because the Mayor of London
:49:16. > :49:20.has not been able to handle the industrial situation and as a result
:49:21. > :49:24.of that the bring in this Bill and undermine industrial relations in
:49:25. > :49:28.this country. I am very sympathetic to that point of view because I
:49:29. > :49:31.think it is absolutely right, there seems to be a view from the Mayor of
:49:32. > :49:36.London that is not the same attitude that is displayed by other public
:49:37. > :49:40.sector bodies across the UK. I give way to the member from Sunderland. I
:49:41. > :49:45.thank the honourable member, on the Bill committee wasn't the evidence
:49:46. > :49:48.given that actually this would not solve that problem, the particular
:49:49. > :49:52.problem that London has because most of the disputes taking place in
:49:53. > :49:57.recent years, particularly in rail, would have gone ahead anyway. The
:49:58. > :50:00.reason they would have gone ahead is because they would have meant the
:50:01. > :50:04.special is that they are trying to put in place. I think the honourable
:50:05. > :50:09.member wanted in. I am most grateful to the honourable gentleman. Is it
:50:10. > :50:13.not the case that the Conservative Mayor of London has not actually met
:50:14. > :50:18.the unions in the transport sector in London at all during his tenure?
:50:19. > :50:22.With not a better method be to have proper industrial lesions,
:50:23. > :50:27.negotiations and dialogue rather than sabre rattling? I do agree with
:50:28. > :50:32.that, and I am sure there will be an opportunity for the elected of
:50:33. > :50:37.London to pass judgment on that. I will give way. I am very grateful to
:50:38. > :50:41.the honourable gentleman. I was not a member of the Bill committee, he
:50:42. > :50:44.had been talking about the application of high officials for
:50:45. > :50:48.industrial action, but consideration was given to the potential for it a
:50:49. > :50:54.high official was put in place, what the consequence might be for Wales
:50:55. > :50:56.cat union action? Because trade union leaders are unwilling to take
:50:57. > :51:03.a vote because they are fearful of not meeting a settled. Thank you.
:51:04. > :51:07.There was no evidence presented that this would ultimately be the case,
:51:08. > :51:13.actually what the specials did open up was the impact it would have on
:51:14. > :51:17.workers and trying to progress a dispute, particularly on issues
:51:18. > :51:20.where shift changes are introduced, for example. Women workers try to
:51:21. > :51:24.progress the dispute because impact on them or that it would on male
:51:25. > :51:30.workers, so the Bill committee did not touch on those issues. According
:51:31. > :51:32.to the office of National the office of National number of days lost to
:51:33. > :51:41.industrial action earlier fallen dramatically over the last 30 years,
:51:42. > :51:47.since 2010, on average 640,000 days have been lost to industrial action
:51:48. > :51:53.compared to 7,213,000 days lost per year in the 1980s. In 2014 there are
:51:54. > :51:58.only 155 stoppages as a result of industrial action, with 55% of
:51:59. > :52:04.stoppages taking place in the private sector and 45% taken place
:52:05. > :52:08.in the public sector. Most industrial action is short lived,
:52:09. > :52:15.mud and dignity Speaker, in 2014 64% of all stoppages lasted for one or
:52:16. > :52:20.two days and accounted for the figures given earlier, 93% of the
:52:21. > :52:26.work took part in industrial action. Other amendments, Madam Deputy
:52:27. > :52:28.Speaker,... I will give way. I am grateful. I would like to ask a
:52:29. > :52:38.question which I would like to have the answer to. If there was,... Is
:52:39. > :52:45.the first set of amendments were accepted, such that the Scottish
:52:46. > :52:50.Government had a say in the give its consent, would you drop your, with
:52:51. > :52:54.the Scottish Government... I am interested to know whether the SNP
:52:55. > :52:58.would drop the other amendments as they would have a say in their own
:52:59. > :53:06.parliament. Collective-bargaining indeed. I think it is important that
:53:07. > :53:11.public bodies across the United Kingdom have your say and consent in
:53:12. > :53:15.whether this Bill and provisions of this Bill should be passed. I also
:53:16. > :53:20.believe that if any public body gives their consent, that consent
:53:21. > :53:24.can be taken away on a future occasion and I think the Mayor of
:53:25. > :53:28.London, the example was given earlier, maybe perhaps the best
:53:29. > :53:32.example of that. I will give way to the honourable gentleman. Thank you
:53:33. > :53:36.for giving away one more time. I thought it was very good that he
:53:37. > :53:40.illustrated the difference in the strike rates and lost is over the
:53:41. > :53:43.past 30 years, and with the honourable member agree with me that
:53:44. > :53:48.industrial lesions have improved in the past 30 years, unions are much
:53:49. > :53:53.more effective and cooperative and yet the Tories over there are stuck
:53:54. > :53:55.in an ideological argument of 30 years ago, and they should move
:53:56. > :54:01.forward instead of using a sledgehammer. I do agree with that
:54:02. > :54:04.and I think the more seasoned veterans of the house will probably
:54:05. > :54:11.know what I mean when I say that this is Keith Joseph says three.
:54:12. > :54:14.This is an ideological attack against the largest group in civic
:54:15. > :54:21.society who stands up against explication. I will give way. Very
:54:22. > :54:24.kind of him to give way. He was a very wily performer in the Bill
:54:25. > :54:28.committee. He talks about Keith Joseph and we are not in the real
:54:29. > :54:32.world, and I just remind him he had evidence right at the beginning of
:54:33. > :54:39.the session from the chief executive of reader buses, and what a vote of
:54:40. > :54:43.70% of the staff of his firm 50% of all buses in London were stopped.
:54:44. > :54:49.Think of the disruption that stopped for real people out there in the
:54:50. > :54:55.real world. That was more to do with the number of people who were
:54:56. > :55:00.balloted in the number of fellow workers who then came out to support
:55:01. > :55:05.them. That was the key issue. There are other issues, as the honourable
:55:06. > :55:07.member knows, there was other evidence of employee intimidation
:55:08. > :55:10.and blacklisting that was going on and I think that is something that
:55:11. > :55:17.will become to greater clauses in the Bill that the government do need
:55:18. > :55:22.to answer. Martin dignity Speaker, we have among other amendments,
:55:23. > :55:27.these restrictions, particularly around the issues of facility time.
:55:28. > :55:32.Facility time is a good thing. We have now heard from the Royal
:55:33. > :55:35.College of Nursing who are not known as the most militant trade union,
:55:36. > :55:44.who believe that the current Bill should lead to ?100 million, ?100
:55:45. > :55:48.million lost to the NHS because of workplace issues, going forward to
:55:49. > :56:00.tribunal and all the rest of it. Public bodies should have the right
:56:01. > :56:05.to test the arguments presented at the committee that the tax payers
:56:06. > :56:10.should be protected. Trade union members are taxpayers. They are
:56:11. > :56:20.voters. And trade union members... I will give way. Does the evidence of
:56:21. > :56:25.the Royal College Of Midwives contrast spectacularly with the
:56:26. > :56:31.Government evidence from 2020? You did not even know what facility time
:56:32. > :56:37.was. Yellow mac that is incorrect. I had never heard of this
:56:38. > :56:44.organisation. Under the skilful analysis of the honourable member, I
:56:45. > :56:48.asked a question when she mentioned her concerns about patient care
:56:49. > :56:54.under existing law, are a trade union is obliged to provide cover?
:56:55. > :57:00.The witness had not heard of that either. As has just been said, I did
:57:01. > :57:07.not know what facility time was. I will give way. Thank you. I am
:57:08. > :57:12.trying to develop a complete. I would like to ask a question about
:57:13. > :57:18.thresholds and the consideration the Government gave for wildcat actions.
:57:19. > :57:22.In terms of facility time, what evidence does the Government have
:57:23. > :57:25.about the potential for wildcat actions because there is less time
:57:26. > :57:32.for trade unions to deal with workplace disputes? Wildcat action
:57:33. > :57:37.was not discussed. What was discussed was the social media
:57:38. > :57:43.provisions which could lead to wildcat tweeting. There was no
:57:44. > :57:50.discussion about that action in that sense. I do want to touch briefly on
:57:51. > :57:59.the labour amendments which are similar... I would give way. You
:58:00. > :58:06.mentioned the RCN, but what about their employers? Trade unions's
:58:07. > :58:12.ability to engage with us is limited. It is potentially
:58:13. > :58:17.undermined. It is actually undermining what has been put
:58:18. > :58:22.through. To go back to what Keith Joss of said, he has argued you
:58:23. > :58:34.should let managers manage. They should butt out. That is absolutely
:58:35. > :58:40.true. The honourable member was president of a good trade union.
:58:41. > :58:45.With the honourable member agree with me that trade unionists are
:58:46. > :58:49.real people and it is not just trade unions and trade unionists who
:58:50. > :58:55.object to this Bill? The Government has significantly failed to give any
:58:56. > :59:01.significant employer support for these proposals. Many public and
:59:02. > :59:06.private sector employees in fact vociferously object to this Bill and
:59:07. > :59:13.see it as completely unnecessary. The last time I looked in the
:59:14. > :59:18.mirror,, yes, I was. Just to be the finish of the section in relation to
:59:19. > :59:24.mandates, I am pleased to see the Labour Party amendments in this
:59:25. > :59:30.regard which seeks to restrict the application of provisions related to
:59:31. > :59:34.facility time and Chekhov. Once again, they go alongside the
:59:35. > :59:41.substantive arguments and what will come out is that there is no mandate
:59:42. > :59:46.-- mandate across the public sector. I will move onto Klaus two, which is
:59:47. > :59:56.in my name and in name of my honourable friends on these benches.
:59:57. > :00:00.It is all the stranger that the Tory party have always talked about
:00:01. > :00:03.regulation and red tape, but here today are bringing in more
:00:04. > :00:08.regulation and red tape. They are talking the arteries of commerce.
:00:09. > :00:20.This is tawdry dinosaur behaviour, going back to the 1970s. -- tawdry
:00:21. > :00:28.dinosaur behaviour. Until it comes to the trade union movement, there
:00:29. > :00:36.is a laissez faire attitude. The new clause two will allow for... It is a
:00:37. > :00:41.prime example of the unnecessary bureaucracy and competition of this
:00:42. > :00:44.Bill that powers have been given to the certification Officer for the
:00:45. > :00:50.monitoring of picketing, which is guaranteed to find failings and... I
:00:51. > :00:54.thank the honourable member for that intervention. It goes wider than
:00:55. > :00:58.that, because the trade unions will be expected to make a contribution
:00:59. > :01:03.to the Certification Officer but will not be able to meet a
:01:04. > :01:09.conversion when it comes to Chekhov. The new clause will ensure that
:01:10. > :01:13.employers have a duty to ensure that union members are able to vote
:01:14. > :01:17.without fear of interference or constraint. This is the same duty
:01:18. > :01:28.imposed on trade unions and if an employer fails to comply... I will
:01:29. > :01:32.give way. Does the honourable gentleman share my feelings of irony
:01:33. > :01:37.that the Government has stated that trade union members are not allowed
:01:38. > :01:41.and will not be allowed to vote via electronic ballot, whereby they
:01:42. > :01:47.consider that this was perfectly legitimate for voting in the London
:01:48. > :01:52.mayoral selection? I do agree. That came out in the committee. We were
:01:53. > :01:56.told by the Conservative members that e-balloting is unsafe and
:01:57. > :01:59.unsecured. What that means for the Conservative candidate of the Mayor
:02:00. > :02:04.of London, I do not know. But what did come out in the Bill committee
:02:05. > :02:10.is that a trade union could e-mail an employer in relation to
:02:11. > :02:17.picketing. Presumably, that is safe and secure. I will give way. I thank
:02:18. > :02:26.the honourable gentleman for giving way. Could he say something about
:02:27. > :02:31.having to register with the police. I think we are coming on to that at
:02:32. > :02:35.a later stage in the Bill, but the point that the honourable gentleman
:02:36. > :02:39.makes again is the capacity for increased blacklisting that could
:02:40. > :02:43.take place across this Bill and I do agree with him. Could I just move on
:02:44. > :02:50.and make some progress's I do apologise. This new clause will
:02:51. > :02:55.modernise the law promoting democracy and inclusion. A word that
:02:56. > :02:58.is often used by the Conservatives in support of this Bill is
:02:59. > :03:04.modernisation. Currently, all ballots in elections must be
:03:05. > :03:06.conducted by post. Unlike major companies and other membership
:03:07. > :03:12.organisations, including political parties, trade union members are not
:03:13. > :03:14.allowed to vote online. The Government has consistently
:03:15. > :03:18.described this Trade Union Bill as an attempt to modernise trade
:03:19. > :03:23.unions, however, it has not allowed trade unions to modernise into the
:03:24. > :03:26.21st-century by using electronic and workplace balloting. The Government
:03:27. > :03:33.argues that the introduction of thresholds and strike balloting
:03:34. > :03:39.democracy stifles the possibility of workers' voices being heard. This
:03:40. > :03:44.would allow for secure workplace valeting and balloting by electronic
:03:45. > :03:50.means, as our amendment calls. Online balloting is more accessible.
:03:51. > :03:54.Today, most people use electronic devices every day to transact and
:03:55. > :03:59.communicate. We as MPs either as online ballots. Ballot papers are
:04:00. > :04:06.usually sent out to members' home addresses. This can be bad,
:04:07. > :04:10.especially when junk mail comes through our doors and they are
:04:11. > :04:17.easily dumped in the business. An online basis would be more
:04:18. > :04:20.efficient. While using only postal ballots could prolong the length of
:04:21. > :04:26.the dispute, as it simply takes longer. According to the latest off,
:04:27. > :04:32.figures, 83% of people now have access to broadband and 66% of
:04:33. > :04:35.household owned a smartphone. These figures are higher amongst those of
:04:36. > :04:45.working age and are said to rise rapidly. A recent survey of over 18
:04:46. > :04:50.'s found that over 42% of respondents felt online voting would
:04:51. > :04:59.increase confidence. I will give way. Would he agree with me that in
:05:00. > :05:03.the route to Christmas, people will be engaging electronically,
:05:04. > :05:07.purchasing goods and materials? A lot of people here think there is
:05:08. > :05:11.something fundamentally wrong with that process. Isn't it ridiculous?
:05:12. > :05:17.Isn't it's just a ruse to say we do not want to engage with the trade
:05:18. > :05:23.unions? I thank the honourable member for that and agree with him
:05:24. > :05:26.entirely. Perhaps it is because Conservative members fear the
:05:27. > :05:32.inevitable visits of three ghosts on Christmas Eve. Perhaps that is one
:05:33. > :05:40.of the reasons. I thank you for giving way. Would you agree that
:05:41. > :05:46.there has not been a single security breach and all of the ballots run?
:05:47. > :05:52.Yes, I do agree with that. That evidence came out in the Bill
:05:53. > :05:57.committee. I will turn no to workplace balloting. It is
:05:58. > :06:04.unavailable, secure option which increases 14 in the workplace. We
:06:05. > :06:10.wish workplace bias to be used for statutory recognition ballots. These
:06:11. > :06:16.are secure and overseen by the qualified, independent persons. The
:06:17. > :06:21.individuals and balloting agencies permitted to act for these are
:06:22. > :06:25.generally received as those which act as scrutineers in industrial
:06:26. > :06:30.action ballots and other statutory union elections and ballots. An
:06:31. > :06:34.analysis of this report indicates that turnout will be significantly
:06:35. > :06:41.higher in ballots were all workers voted in the workplace. Average
:06:42. > :06:47.turnout was 88% and the combination ballots was 86.9%. The average
:06:48. > :06:50.turnout in postal only ballots was according to the TUC, there was no
:06:51. > :06:57.evidence of workers feeling intimidated interval and bought --
:06:58. > :07:03.voting a particular way. All three complaints, five were laid by a
:07:04. > :07:08.unions and one by an employer. None of the claims were upheld. We are
:07:09. > :07:11.told electronic voting is not safe. Thousands of private sector,
:07:12. > :07:19.voluntary and political organisations use electronic voting
:07:20. > :07:23.every year. We manage over 2000. We therefore conclude online voting is
:07:24. > :07:26.no less secure than postal balloting. It said there are risks
:07:27. > :07:32.associated with electronic voting, but these are similar to the risks
:07:33. > :07:36.associated with any secure, electronic process. Many of the
:07:37. > :07:42.risks are also be same nature of those related to postal voting. PSU
:07:43. > :07:48.is not about online safety and security. The SU as they are hoping
:07:49. > :07:52.people will be bothered to buy this stamp, put it on an envelope and
:07:53. > :07:57.walked to the letter box. That is the issue, not security. Would you
:07:58. > :08:01.agree? I do agree. One of the increasing problems with postal
:08:02. > :08:06.balloting is not with postal boxes will stop our postboxes have
:08:07. > :08:15.produced by 17% in Scotland in the last year. I do apologise. Thank
:08:16. > :08:19.you. I would just like to ask whether my honourable friend would
:08:20. > :08:23.agree that with this Bill, we risk of throwing away a huge amount in
:08:24. > :08:30.terms of positive industrial relationships established by trade
:08:31. > :08:34.unions. The work they do. The media likes conflict, but actually, the
:08:35. > :08:38.bread and butter tasks of trade unions is about spotting issues
:08:39. > :08:45.before they become problems, and the quote giving it to me by Merseyside
:08:46. > :08:52.Fire Brigade union saying that their employer has described them as their
:08:53. > :08:54.best, lowest paid managers, such as their contribution to positive
:08:55. > :08:59.industry relations. Would you agree with me that we are at risk of
:09:00. > :09:05.losing that? I do agree with all of that. This Bill is ideological.
:09:06. > :09:11.There is no question about that. It is an ideological attack on the
:09:12. > :09:16.largest section of society who stand up against exploitation. The
:09:17. > :09:21.honourable gentleman keeps talking about this Bill been ideological. Do
:09:22. > :09:25.you think it is ideological for people who send their children to
:09:26. > :09:31.schools in my constituency who cannot get childcare because there
:09:32. > :09:35.has been a very low turnout for a ballot and an unjustified strike? Do
:09:36. > :09:37.you think it is an delightful that hard-pressed communities in my
:09:38. > :09:42.constituency who want to get to work but cannot because of strikes with
:09:43. > :09:51.low thresholds? The problem with that analysis is that it is based on
:09:52. > :09:56.ignorance. The simple facts are but when there is a low turnout, a trade
:09:57. > :10:02.union has to make a calculation. I'm looking at the on to -- honourable
:10:03. > :10:05.gentleman from Blaydon. He will tell you that trade unions have on
:10:06. > :10:12.occasion not proceeded to industrial action if they do not feel they have
:10:13. > :10:15.support. The real test and the biggest gamble a trade union must
:10:16. > :10:20.take when it decides to take industrial action is how many people
:10:21. > :10:22.participate in industrial action. Because people do not participate,
:10:23. > :10:32.it falls on by. Thank you for giving way. I think
:10:33. > :10:34.the contribution from the member opposite highlights the fact that we
:10:35. > :10:40.have such a lack of understanding of the role of trade unions and a lack
:10:41. > :10:44.of understanding of working people in the workplace who are working
:10:45. > :10:49.just to pay their bills. That lack of understanding shows why this Bill
:10:50. > :10:54.is so wrong. I think it also shows complete
:10:55. > :11:02.ignorance on print -- on the printable of solidarity. Many of the
:11:03. > :11:08.people, in a second, I will speak first, the principle of solidarity
:11:09. > :11:12.where people who are affected by industrial action which the
:11:13. > :11:17.honourable member has described, many people affected will be fellow
:11:18. > :11:22.trade union members, possibly,... I will give way to the honourable lady
:11:23. > :11:26.first, I did promise that. Thank you very much forgiving way. Would you
:11:27. > :11:32.agree that the average time lost to strike action in the last year was
:11:33. > :11:37.less than a third of a second per member of the workforce? Yes, and
:11:38. > :11:41.that evidence again came out in the Bill committee. What is the great
:11:42. > :11:44.industrial chaos that is happening in this country that means that the
:11:45. > :11:52.government should intervene? There is none. For entertainment purposes
:11:53. > :11:55.I will take another. I should try and entertain the honourable
:11:56. > :12:01.gentleman. If the honourable gentleman believes that turnout is
:12:02. > :12:04.so high in all of these industrial action is why is he so concerned
:12:05. > :12:10.about having a threshold that four out of ten of trade unionists
:12:11. > :12:21.actually turn out to vote? If you have high turnouts what is the
:12:22. > :12:26.problem with that? Here is the... Again... Order! Order! No shouting
:12:27. > :12:31.out. If members want to make an intervention, make an intervention.
:12:32. > :12:35.No shouting out. And will give the honourable member the benefit of my
:12:36. > :12:39.trade union experience. There is a localised dispute affecting a local
:12:40. > :12:47.issue, in my experience permits go through the roof. The issue with low
:12:48. > :12:52.turnouts are when they are national and UK wage disputes, those issues
:12:53. > :12:56.can lead to low turnouts but the key test is how well the trade union is
:12:57. > :13:00.organised, in my experience, in terms of that because you will find
:13:01. > :13:03.that if there is a UK wide dispute there will be some parts of the UK
:13:04. > :13:09.where the turnout will be a lot higher than others. We are also
:13:10. > :13:12.told, Madam Deputy Speaker... I will give way. I thank the honourable
:13:13. > :13:16.gentleman. I thought it was worth repeating a point that was made
:13:17. > :13:22.earlier by the honourable gentleman for heart smear, and he may not have
:13:23. > :13:27.been listening to. He mentioned commuters and I think yourself and
:13:28. > :13:35.my honourable friend for Sunderland Central made the point that the
:13:36. > :13:40.transport strikes that are often paraded in aid of this legislation
:13:41. > :13:44.would all cross the threshold and are all legitimate strikes. That is
:13:45. > :13:53.absolutely right, they would have passed the threshold. I will give
:13:54. > :13:58.way. I thank the honourable member. Referring to the intervention made
:13:59. > :14:02.from the other side on this issue, is the genuine motivation is to get
:14:03. > :14:05.turnout as high as possible then wouldn't the government be putting
:14:06. > :14:10.forward every possible means to make members of trade unions be able to
:14:11. > :14:14.vote in balance by workplace ballots, by the balloting, every
:14:15. > :14:18.possible means, were actually what they are doing is the absolute
:14:19. > :14:22.opposite? I do agree with that and that is why we have submitted this
:14:23. > :14:27.new clause because if the government are so concerned about participation
:14:28. > :14:32.then they would allow for the balloting and secure workplace
:14:33. > :14:34.balloting, secure workplace balloting is secure enough for
:14:35. > :14:37.recognition agreements then surely it is secure enough for the other
:14:38. > :14:41.issues that trade union members must decide upon. Madam Deputy Speaker we
:14:42. > :14:47.are told that we cannot have online voting until 2020, that was part of
:14:48. > :14:53.the evidence of the Bill committee. Members have claimed that the online
:14:54. > :14:58.voting could not be achieved before 2020 but the speaker commission said
:14:59. > :15:02.that while online voting in general are -- at local elections, not for
:15:03. > :15:05.trade union or any other ballots. The commission reported on evidence
:15:06. > :15:12.from the open rights group who argues that online balloting in the
:15:13. > :15:17.contest -- context of the general election is far less balance than
:15:18. > :15:20.trade union voting, and these ballots are counted by the scrutiny
:15:21. > :15:24.in private. Warranty are concerned... Thank you, the
:15:25. > :15:33.honourable gentleman has been very generous. Does he agree that trade
:15:34. > :15:37.unions actually prevent a significant amount of sickness
:15:38. > :15:40.absence in the workplace? I was personally a shop steward in the
:15:41. > :15:43.hospital for another of years and by fostering good relationships between
:15:44. > :15:47.trade union members and management I am confident that be significantly
:15:48. > :15:53.reduced that burden upon the workplace. Yes I do and I trade
:15:54. > :15:57.union experience, and I would have to say the best education I had was
:15:58. > :16:01.from the trade union movement. Particularly around issues like
:16:02. > :16:05.that, issues were someone would have a condition which comes under the
:16:06. > :16:12.scope of the equalities act, for example, so yes I do and I agree
:16:13. > :16:16.with every word of that. I will give way to my honourable friend. Thank
:16:17. > :16:20.you, as they said you have been very generous. The honourable member
:16:21. > :16:24.would agree there have been important point made in terms of the
:16:25. > :16:29.double latte of a threshold and not allowing online voting for secure
:16:30. > :16:34.workplace voting. Without being flippant, does the honourable member
:16:35. > :16:38.think the government here has assessed the risk of secure
:16:39. > :16:41.workplace balloting when it comes to electronic voting? There could be
:16:42. > :16:46.the risk that SNP members are allowed to vote after all because it
:16:47. > :16:51.may not be secure enough. Indeed I look forward to that test
:16:52. > :16:55.happening, that experiment I think the speaker described, takes place.
:16:56. > :16:59.The open rights group are also concerned that online voting in
:17:00. > :17:03.general elections would not justify the extra expense of developing new
:17:04. > :17:07.systems well the technology in -- is in its infancy as tannins are
:17:08. > :17:12.already comparatively high. This argument does not apply to trade
:17:13. > :17:14.union ballots were postal balloting is more expensive. In the general
:17:15. > :17:18.election voting the technology already exists and has been well
:17:19. > :17:24.used for over a decade by private companies, political parties and
:17:25. > :17:28.membership associations. I will give way. I thank the honourable member
:17:29. > :17:34.for giving way. He and I have shared many an anecdote about this, we're
:17:35. > :17:39.both on the committee and elsewhere. During the committee he will recall
:17:40. > :17:43.that I raise a number of concerns -- that the open rights group had made
:17:44. > :17:49.in order to cover prudence in the use of Internet voting. Has he will
:17:50. > :17:55.accept that in any great detail? And what would his comments be? The
:17:56. > :17:58.honourable Desmond was right, I was furious when I googled my name and
:17:59. > :18:08.got a link to his website, it was the exchange we had in the Bill
:18:09. > :18:14.committee. That's why I was furious when I googled my name. The open
:18:15. > :18:17.rights group and I do highlight to highlight to the honourable member,
:18:18. > :18:23.the open rights group said trade union ballots to not apply in these
:18:24. > :18:28.cases because there is a digital safety and scrutiny and all the rest
:18:29. > :18:33.of it. Trade union ballots should be subject to pay the regulation, we
:18:34. > :18:37.are told, that elections to private businesses are NGOs. If the
:18:38. > :18:40.government were genuinely concerned about levels of electronic -based
:18:41. > :18:44.elections in the private sector they would legislate for all of the
:18:45. > :18:49.bodies to be required to use postal only ballots, they should also read
:18:50. > :18:55.on the election for the mere of London for their candidate using a
:18:56. > :19:00.postal only ballots in that case. Madam Deputy Speaker, the amendments
:19:01. > :19:07.are in a similar vein in respect to balloting, I can be broadly
:19:08. > :19:10.supportive as their intentions mirror our amendment. We are asking
:19:11. > :19:16.members of the house to vote for our cattle amendments to make this
:19:17. > :19:24.Bill, this Draconian Dickensian Bill a little bit better. Thank you.
:19:25. > :19:34.Excuse me, the question is that amendment 15 be made. I would like
:19:35. > :19:39.to see if I may 2.5, 67 and nine. In overall terms as despite the coming
:19:40. > :19:43.from this Bill think we can all agree that we have moved a very long
:19:44. > :19:52.way in industrial relations towards consensus and away from what we saw
:19:53. > :19:55.in the 1980s. The trade union act of 1984 for compulsory action ballots
:19:56. > :19:59.to be put in place to receive statutory immunity was a very
:20:00. > :20:02.significant step, although it did cement the rather odd situation that
:20:03. > :20:07.we have in this country that there is technically no right to strike,
:20:08. > :20:12.rather we give unions in certain circumstances statutory immunity
:20:13. > :20:16.from the civil wrong of inducing a breach of the employed contract.
:20:17. > :20:22.That being acid may I think we can all agree that voting before a
:20:23. > :20:26.strike is vital and that voting itself should be carried out in a
:20:27. > :20:29.free and fair manner that reduces as far as possible any chance of
:20:30. > :20:36.coercion or threat of intimidation to the voter. It is certainly the
:20:37. > :20:38.case that this Bill addresses for the return of requirements but it
:20:39. > :20:42.does not address the question of how the ballot itself is physically
:20:43. > :20:47.conducted and this is now being put to the test by the opposition in the
:20:48. > :20:53.amendments which argued for secure workplace ballots and suggests
:20:54. > :20:56.incrementing electronic voting for ballot for strike action. I have to
:20:57. > :21:01.say that my first observation is that these two contests do not
:21:02. > :21:04.necessarily sit well together. Namely if the opposition believes
:21:05. > :21:08.that electronic voting is the future and the way to go then why are the
:21:09. > :21:14.also proposing returning votes to the place of work? The problem is
:21:15. > :21:19.more profound, and that the security of a postal vote sets to a person's
:21:20. > :21:24.home does remove a large area of risk in terms of intimidation that
:21:25. > :21:30.could attach to returning votes to the workplace. The benefits of the
:21:31. > :21:34.1984 ballots and the use of post where hard-won and I would say have
:21:35. > :21:39.been of great benefit to working people, not perhaps the union
:21:40. > :21:43.organiser or the militant activist but the everyday working man and
:21:44. > :21:46.woman who has benefited from being able to calmly reflect on the merits
:21:47. > :21:52.of a strike ballot in the safety of their own home. I give way. I thank
:21:53. > :21:55.the honourable member. He has referred to intimidation when people
:21:56. > :22:00.cast their ballot, does he have any real examples of where there has
:22:01. > :22:07.been intimidation in ballots? I am not here to accuse anyone, I am here
:22:08. > :22:12.to talk about... If the honourable lady thinks that the 1984
:22:13. > :22:16.legislation was put in place because there were no instances of
:22:17. > :22:19.intimidation at that time then I think we need to go back to the
:22:20. > :22:23.history books, which I am not intending to do today. I am not
:22:24. > :22:27.saying that postal ballots will always be free from intimidation,
:22:28. > :22:30.particularly at several members of the same family were at the same
:22:31. > :22:35.place of work, I do also appreciate that the opposition in course of
:22:36. > :22:40.seven requires that fought in the workplace are private and free from
:22:41. > :22:45.unfairness. But the question is how far does that go? Does it cover only
:22:46. > :22:50.the voting room at the factory premises? What about beyond the
:22:51. > :22:53.factory gates and the pickets? I am concerned that this could be a
:22:54. > :22:58.retrograde step. I give way. I am very grateful. He has quoted
:22:59. > :23:02.intimidation in the workplace. Let's have some evidence to back that up,
:23:03. > :23:08.he is casting it out there and making experience. Give as evidence.
:23:09. > :23:11.We are looking at the optimum way of voting and I do note that the
:23:12. > :23:17.opposition provides for the possibility of a combination of
:23:18. > :23:21.voting methods to be used but I note that the combination is to be
:23:22. > :23:25.selected by the union, and unless I have read this wrong, and someone
:23:26. > :23:28.could want to put me right, this could imply that workplace only
:23:29. > :23:32.ballots could effectively be reintroduced by the back door and
:23:33. > :23:37.again I would see this as a step backwards and not to be supported.
:23:38. > :23:40.On the issue of electronic voting it could be said that this is where
:23:41. > :23:45.society is heading, and that point was made very strongly by the SNP
:23:46. > :23:49.member and that union more should take the lead on an issue that with
:23:50. > :23:52.the generally adopted. I have not seen the most recent opinions of the
:23:53. > :23:58.electoral commission on electronic voting but I recall that they have
:23:59. > :24:01.serious concerns about security a few years ago. Could the Minister
:24:02. > :24:06.please advise the house to what extent he has discussed this with
:24:07. > :24:10.the electoral commission and also if he has refused the rule of the
:24:11. > :24:13.certification Officer with that of the electoral commission in the
:24:14. > :24:16.conduct of balance. And in that regard if in the future we did wish
:24:17. > :24:19.to move towards electronic voting generally, could this be effective
:24:20. > :24:23.for unions under existing legislation such as the provisions
:24:24. > :24:28.of section 54 employment lesions act 2004? In other words are the
:24:29. > :24:32.electronic voting amendments required at all? If only because of
:24:33. > :24:35.technological changes I think this has been a useful debate to hold but
:24:36. > :24:39.I am not yet convinced that the security side that these proposals
:24:40. > :24:47.are the correct way to go at the current time. Madam Deputy Speaker,
:24:48. > :24:54.and can I declare my interest as a member of the musicians union and
:24:55. > :24:59.Unite, and also draw the house's attention to my entry in the
:25:00. > :25:04.register of members interests. This group contains our new clauses,
:25:05. > :25:08.five, six, seven, eight and nine and also amendment seven, eight and nine
:25:09. > :25:11.which stand in my name and that of my rate honourable friends. It is
:25:12. > :25:15.good to return to the trade union Bill after a jam-packed committee
:25:16. > :25:18.stage and it is clear from reading the proceedings that it did not
:25:19. > :25:21.provide sufficient time. The minister said earlier that the
:25:22. > :25:25.proceedings finished early. He neglected to tell the house that the
:25:26. > :25:28.proceedings had run late the night before because the government were
:25:29. > :25:32.afraid there was not enough time to conclude proceedings so that was a
:25:33. > :25:38.fact that he missed out from his exhalation.
:25:39. > :25:45.Despite that, my honourable friend is on the committee did a remarkable
:25:46. > :25:49.job and I want to pay tribute. Those who were on the committee will
:25:50. > :25:55.forgive me if I praise my Cardiff neighbours. My honourable friend the
:25:56. > :25:59.MP for Cardiff South. He meticulously unpicked the Bill from
:26:00. > :26:03.the front bench. And my honourable friend, the member for Cardiff
:26:04. > :26:10.Central, who described whose status as a new member has brought her to
:26:11. > :26:14.amend this expertise in order to expose this Bill as an attack on the
:26:15. > :26:19.inability of trade unions to perform their proper role on behalf of their
:26:20. > :26:25.members, coupled with an attempt to use a mandate acquired from 38% of
:26:26. > :26:28.those who voted in the general election in order to interfere with
:26:29. > :26:34.the funding of its main opposition party in Parliament. I know that
:26:35. > :26:40.they are Cardiff constituents will be proud of my honourable friend 's
:26:41. > :26:45.opposition is. I hope I can add a little to the efforts on behalf of
:26:46. > :26:50.the working people and democracy. Thank you very much for giving way.
:26:51. > :26:55.Another part of this Bill is how it is an oppressive Bill. It also
:26:56. > :26:58.affects women. Three quarters of trade union members are women and
:26:59. > :27:03.will be affected by this or press of Bill. The only aggression they talk
:27:04. > :27:08.about is coming from this Government affecting the rights of working
:27:09. > :27:13.people. My honourable friend is absolutely right. I remember as a
:27:14. > :27:17.young boy, how my mother's trade union helped her when she had a
:27:18. > :27:20.hernia as a result of lifting tables as a dinner lady. Without her trade
:27:21. > :27:25.union, she would not have got the support she needed. She might have
:27:26. > :27:28.lost her job. That is the kind of experience that honourable members
:27:29. > :27:34.often do not understand about what trade unions actually do. Talking
:27:35. > :27:39.about women, who do we seriously think is most affected when schools
:27:40. > :27:46.close because of ballots with low support? We heard in committee of
:27:47. > :27:50.how in 2011, school closures affected millions of appearance, in
:27:51. > :27:54.most cases with a vote of well under 40%. Trade Union Bill I take it from
:27:55. > :28:01.that, you want higher turnout in ballots and will support our ballot.
:28:02. > :28:08.I thank you for your support. I give way. Thank you. Does my honourable
:28:09. > :28:13.friend agree that the worst aspect of this Bill is the way it has been
:28:14. > :28:16.applied retrospectively? 5 million long-standing union members will
:28:17. > :28:20.have the political subscription cancelled without their permission
:28:21. > :28:29.or that of their union? No wonder they want to scrap the Cuban rights
:28:30. > :28:35.act. -- Human Rights Act. She is absolutely right. The retrospective
:28:36. > :28:38.element of this piece of legislation is particularly pernicious and
:28:39. > :28:41.governments should refrain from retrospective legislation. Time
:28:42. > :28:46.periods have been put in place. Quite frank, I cannot believe the
:28:47. > :28:51.period is recommended by officials. When I was an official, any time
:28:52. > :28:54.period for consultation or any major change to any system involving
:28:55. > :28:58.business would have been at least a period of 18 months. So I am shocked
:28:59. > :29:04.if officials won month is sufficient. And that is the advice
:29:05. > :29:08.they have given to ministers. The Government has often used a rhetoric
:29:09. > :29:14.of fairness when trying to conceal the salad attack they are making on
:29:15. > :29:18.workers rights. Does the member agree with me that bring in forward
:29:19. > :29:24.proposals to replace striking staff with agency staff is Draconian? A
:29:25. > :29:29.measure that was banned almost ten years before I was even born. She is
:29:30. > :29:34.absolutely right and she will have a chance to develop that further when
:29:35. > :29:37.we discussed that matter after the 2.5 hours of this section of the
:29:38. > :29:47.debate, when that very matter will be before us. I will make little
:29:48. > :29:52.progress. We have just heard the honourable gentleman for a
:29:53. > :29:58.Huntingdon tell us that people could then vote in the safety of their own
:29:59. > :30:02.homes. With my honourable friend comment on this? Because I think
:30:03. > :30:07.this is an absolute slur on trade unions and employers. Because it is
:30:08. > :30:11.implying that it is not safe being able to vote electronically in the
:30:12. > :30:16.workplace, and in some way, unions and employers are going to be
:30:17. > :30:19.billion people. And that is not my experience of unions and the way
:30:20. > :30:25.they conduct themselves or their ballots. She is absolutely right.
:30:26. > :30:30.Workplace ballots take place all the time. They are actually required to
:30:31. > :30:40.have independent scrutiny when they do take place. It is an absolute
:30:41. > :30:46.nonsense to imply there is anything unsafe about that. I will give way
:30:47. > :30:51.one more time. Can I just agree with my honourable friend. This is a
:30:52. > :30:56.terrible attack on trade union rights. But what we have not heard
:30:57. > :31:01.at any point today is any evidence that there is a serious problem. It
:31:02. > :31:05.is absolutely nonsense. It proves this is just a straightforward
:31:06. > :31:08.attack upon trade union movement. Trade Union Bill I think the
:31:09. > :31:12.honourable gentleman is right. This is just what Conservative
:31:13. > :31:16.governments do. Whether or not there is any evidence for it, because they
:31:17. > :31:20.haven't presented any evidence. I have looked through the evidence
:31:21. > :31:24.given and there is no evidence for any of the changes within the Bill.
:31:25. > :31:30.I think they are doing it out of some sort of knee jerk instinct. It
:31:31. > :31:34.is to be greatly regretted. We tabled a great many amendments.
:31:35. > :31:39.Rather surprisingly, none of them were accepted by the Government.
:31:40. > :31:43.Despite the cogency of my honourable friend' argument and they are
:31:44. > :31:48.excellent drafting. So we find ourselves here is submitting further
:31:49. > :31:51.clauses. To answer the honourable gentleman from Huntingdon, I must
:31:52. > :31:59.say that you have been in the house a long time and is very experienced.
:32:00. > :32:05.In the extremely truncated time available to us, it is necessary to
:32:06. > :32:10.focus on a small number of items. That makes no difference to the fact
:32:11. > :32:14.that we in committee made it clear we absolutely, fundamentally
:32:15. > :32:21.disagreed with this Bill in almost every respect. I will give way
:32:22. > :32:25.briefly. I do ask him this. If he says he does not have enough time,
:32:26. > :32:31.how can he come in to this place today and not present amendments on
:32:32. > :32:35.trade union funding or a vote percentages? These are things
:32:36. > :32:39.everyone has been talking about, including all of the union members
:32:40. > :32:43.who have been writing to members of this place. And yet not a single
:32:44. > :32:47.amendments dealing with this. There were many at amendments and I think
:32:48. > :32:51.you will find is not enough time to discuss what we currently are, let
:32:52. > :32:56.alone additional items. If you want to lobby ministers and whips for
:32:57. > :33:05.more time, I welcome that very much indeed. I am going to move on now to
:33:06. > :33:12.clauses five and six, or new clause five and six. New clause five would
:33:13. > :33:15.permit electronic voting in trade union ballots for industrial
:33:16. > :33:19.action. New clause six would permit electronic voting in all other
:33:20. > :33:23.statutory elections and ballots, including elections of general
:33:24. > :33:28.secretaries and political fund ballots. The Government has sought
:33:29. > :33:34.to dress up the Trade Union Bill is some kind of modernisation. But they
:33:35. > :33:37.are continued refusal to introduce e-balloting alongside secure
:33:38. > :33:41.workplace balloting clearly demonstrate they are not serious
:33:42. > :33:45.about modernisation. Online balloting can be as safe and secure
:33:46. > :33:52.as any other form of balloting and it is already used for a variety of
:33:53. > :33:58.purposes in both public and private sectors, including JP Morgan, asset
:33:59. > :34:02.management, Lloyds of London, at Chevron and of course the
:34:03. > :34:06.Conservative Party itself, who recently selected its London mayoral
:34:07. > :34:10.candidate by e-balloting. If Conservative ministers were serious
:34:11. > :34:17.that their reason for resisting a ballots in this Bill was fraud and
:34:18. > :34:23.concern, why would they employ the very same method in their own party
:34:24. > :34:28.elections? We all know the real fraud being perpetrated here is the
:34:29. > :34:33.fraudulent arguments being put forward by ministers, because the
:34:34. > :34:38.real reason they want to do anything they can to discourage turnout and
:34:39. > :34:43.make their threshold is hard to reach. And that is rule one from the
:34:44. > :34:56.Tory party political playbook. This frightful tours who may disagree. --
:34:57. > :35:00.disenfranchise voters. In fact, the seven cases that were made at
:35:01. > :35:06.appeal, not one of them was upheld in terms of believed harassment. She
:35:07. > :35:09.is right. She also knows that most of those complaints were made by
:35:10. > :35:14.trade unions about the conduct of the ballot. So that is a point I
:35:15. > :35:22.might have made later on in my remarks and I might not need to make
:35:23. > :35:25.now. I will give way. Thank you for giving way. He has noted that none
:35:26. > :35:28.of the amendments, reasonable amendments, put forward by these
:35:29. > :35:33.benches have been accepted. But what does he make of the fact that
:35:34. > :35:37.combined authorities throughout England have withstood opposition to
:35:38. > :35:41.the fundamentals of this Bill, but also that the First Minister for
:35:42. > :35:42.Wales stood up in the assembly in Cardiff today and said he will
:35:43. > :35:47.oppose this? This is not showing any oppose this? This is not showing any
:35:48. > :35:54.respect or any attempt at all to find any consensus whatsoever. So
:35:55. > :36:01.much for the respect in the agenda. I will give way. Thank you. You have
:36:02. > :36:05.been very generous with your time. Do you not agree that the people
:36:06. > :36:08.outside of this place will look with bemusement at the fact the
:36:09. > :36:14.opposition are arguing that sitting in front of a computer and a voting
:36:15. > :36:21.electronically will not be safe? Precisely. And I will develop that
:36:22. > :36:25.further in a moment. Under our proposals, electronic or workplace
:36:26. > :36:28.ballots would be overseen by an independent scrutiny. Before the
:36:29. > :36:32.bout is run, they will confirm that the proposed method met the required
:36:33. > :36:38.standard. All members who vote would have the opportunity to do so. Votes
:36:39. > :36:42.would be cast in secret. The risk of any other fairness or malpractice
:36:43. > :36:49.would be minimised. That is the same standard that is set out in section
:36:50. > :36:54.54 of the Employment Relations Act 2004. But none of that matters to
:36:55. > :36:58.ministers. Would you agree with me, as we said in the Bill committee,
:36:59. > :37:02.that the things in this Bill fly in the face of every other bit of
:37:03. > :37:05.legislation this Government has brought forward? Whether that is
:37:06. > :37:10.using online means to apply for benefits, fill in tax forms or
:37:11. > :37:14.anything else. It is entirely at odds with everything else discovered
:37:15. > :37:20.has brought forward. She is right, but that does not seem to matter to
:37:21. > :37:27.ministers. I will give way to my neighbour. I thank my honourable
:37:28. > :37:32.friend for giving way. It is a delighted to be here today. Isn't it
:37:33. > :37:38.the greatest irony that one of the architects of this Bill, the
:37:39. > :37:42.honourable member for West Suffolk, stand-up year extolling the virtues
:37:43. > :37:46.of a Government digital service and the digitalisation of online
:37:47. > :37:53.services and lots of high lead complex matters, but blocked a Bill
:37:54. > :37:59.which allows e-balloting? One is not a road to use the word hypocrisy.
:38:00. > :38:06.Irony is the correct word for the honourable gentleman to use. Our new
:38:07. > :38:09.clause is also requiring unions to use postal ballot alongside
:38:10. > :38:14.electronic and workplace 14 where necessary to ensure everyone has a
:38:15. > :38:18.chance to vote, ensuring members who may be out of work due to sick leave
:38:19. > :38:23.or maternity, paternity or adoption leave, will be able to work. None of
:38:24. > :38:28.that matters to ministers. The clause allows that unions will
:38:29. > :38:32.provide unions with the trust for voting methods. Employers would be
:38:33. > :38:36.under a duty to ensure that union members can vote free from
:38:37. > :38:40.interference or constraint. The use of faster and more efficient
:38:41. > :38:44.balloting matters -- methods could also assist in the earlier
:38:45. > :38:49.resolution of disputes as ballots would take place more quickly. But
:38:50. > :38:55.none of this matters to ministers. The Minister will trot out his line
:38:56. > :38:58.that he's not against e-balloting in principle, but that the speakers
:38:59. > :39:03.commission provided evidence of concerns about safety. That evidence
:39:04. > :39:07.was based on comparison between general election voting in polling
:39:08. > :39:11.stations and online voting. They made no comment on the safety and
:39:12. > :39:16.security of wider forms of online voting. In any case, the report
:39:17. > :39:22.concluded that e-balloting should be available for all electors by 2020.
:39:23. > :39:28.He could easily allow for this legislation, which would permit
:39:29. > :39:31.e-balloting to commence when any concerns he had were satisfied.
:39:32. > :39:37.There is no genuine reason whatsoever why trade unions are the
:39:38. > :39:42.only organisation in the UK which are required by legislation to use
:39:43. > :39:46.postal only ballots or elections and ballots. If the Government were
:39:47. > :39:51.genuinely concerned about levels of electronically -based elections in
:39:52. > :39:56.the private sector, they would legislate for all bodies to be
:39:57. > :40:00.required to use postal only ballots. But they will not because they are
:40:01. > :40:08.not a genuinely concerned. Thousands of sectors use electronic every
:40:09. > :40:12.year. Electoral reform services allow for over 2000 secure online
:40:13. > :40:15.ballots annually and a recent report concluded that online voting is no
:40:16. > :40:22.less secure than postal Val -- balloting. These are more tightly
:40:23. > :40:26.regulated than voting systems used by other organisations. So there is
:40:27. > :40:30.even less chance of a problem. I just wanted to talk about new
:40:31. > :40:34.clauses seven and eight, but give way.
:40:35. > :40:42.If you look at when legislation was brought in, the reason was people
:40:43. > :40:49.said a ballot of this nature would deliver the terms of what they are,
:40:50. > :40:53.but there is a huge cost to this. It has cost them a fortune to run it,
:40:54. > :40:59.and it undermines the capacity to work. My honourable friend is right,
:41:00. > :41:04.that is clearly one of the explanations for the government 's
:41:05. > :41:07.motivations in their attitude towards these amendments. Workplace
:41:08. > :41:13.ballots should be permitted for statutory union elections and
:41:14. > :41:16.ballots, the 1992 act already permits workplace ballots to be used
:41:17. > :41:22.for statutory recognition ballots, and workplace ballots of this nature
:41:23. > :41:25.are secure, and overseen by the qualified independent persons who
:41:26. > :41:32.are generally the same as those who act as scrutineers in industrial
:41:33. > :41:36.action ballots, well over 200 ballots for statutory recognition
:41:37. > :41:39.have been held. A quarter of these involved a combination ballot,
:41:40. > :41:43.including both workplace ballots and postal ballots for those absent from
:41:44. > :41:48.work when the ballot was taking place. And analysis of Central
:41:49. > :41:55.arbitration committee reports indicate the turnout was actually
:41:56. > :42:00.significantly higher when voters voted in the workplace, 88 average
:42:01. > :42:04.turnout compared to 1% in postal ballots. There is no evidence that
:42:05. > :42:09.workers felt pressurised, because where workplace ballots took place,
:42:10. > :42:14.they were more likely... Less likely to vote for union recognition than
:42:15. > :42:17.in postal ballots. The Central arbitration committee, as my
:42:18. > :42:21.honourable friend pointed out earlier, have only received a
:42:22. > :42:26.handful of complaints, mostly made by the unions rather than by
:42:27. > :42:36.individuals. I will now move to new clause nine, which allows Unionists
:42:37. > :42:39.to decide what ballots to use. Given the severe time constraints we have
:42:40. > :42:43.already discussed, it is not possible for us to have divisions
:42:44. > :42:47.this afternoon, on all of our new clauses, relating to e-balloting,
:42:48. > :42:52.and secure workplace balloting. I want to play is clearly on record
:42:53. > :42:55.our view that the government 's failure to accept our very
:42:56. > :42:59.reasonable modernisation proposals, which would enhance trade union
:43:00. > :43:05.democracy, invites further detailed scrutiny of these issues in the
:43:06. > :43:09.other place. E-balloting and secure workplace ballots are distinct
:43:10. > :43:14.issues in their own right, but we recognise due to the, we are unable
:43:15. > :43:19.to vote on all of them separately at report stage without curtailing
:43:20. > :43:20.debate on other important issues in the bill.
:43:21. > :43:25.Turning to turning to amendment seven, that is in my name and of my
:43:26. > :43:31.friends, Madam Deputy Speaker is, that should be read with amendments
:43:32. > :43:35.eight and nine, they all relate to the devolution settlement and
:43:36. > :43:42.conflict with the governments own localism agenda. Amendments to the
:43:43. > :43:47.section are designed to note that provisions do not relate to those
:43:48. > :43:50.partly devolved to the Scottish Government, Welsh government,
:43:51. > :43:54.English local authorities and the Mayor of London. I give way. I'm
:43:55. > :44:00.very grateful to the shadow minister. We managed to obtain from
:44:01. > :44:06.the UK Government that it would be a UK Government minister that would
:44:07. > :44:08.decide the time for health workers in Scotland and Wales, does the
:44:09. > :44:15.honourable member think that is fair? I'm going to come on in a
:44:16. > :44:18.moment to talk about the so-called respect agenda, I hope that will
:44:19. > :44:25.answer the honourable gentleman 's point, because this would ensure
:44:26. > :44:28.that devolved administrations are able to decide how they engage with
:44:29. > :44:35.the staff and trade unions when delivering devolved public services,
:44:36. > :44:39.rather than be subject to a highly partisan central diktat, that I
:44:40. > :44:42.think is what you are referring to, from a government in possession of
:44:43. > :44:46.no mandate in these areas in those particular parts of the UK. I can
:44:47. > :44:52.recall the promised a travelling to rate -- Wales when he was first
:44:53. > :44:56.elected, declaring he would govern in relation to Wales and the other
:44:57. > :45:01.devolved administrations on the basis of respect, and he called it
:45:02. > :45:06."the respect agenda". With that promise in mind, the Welsh First
:45:07. > :45:12.Minister broached to the Prime Minister expressing concerns over
:45:13. > :45:19.the Trade Union Bill and it's lack of respect. He pointed out that the
:45:20. > :45:23.supreme court judgment on the agricultural sector Wales Bill ruled
:45:24. > :45:27.that depending on the impact of devolved services, a UK Government
:45:28. > :45:32.bill may still be subject to a legislative consent motion, even if
:45:33. > :45:38.it can also be classified as relating to matters that are
:45:39. > :45:42.otherwise reserved. Our Scottish Labour leader has written today to
:45:43. > :45:47.the providing the Scottish Parliament calling for a legislative
:45:48. > :45:49.consent motion, and there are calls for Scottish authorities regardless
:45:50. > :45:54.of political persuasion to implement changes where there is no consent. I
:45:55. > :45:59.want to make it clear that there are commitments to solidarity... When I
:46:00. > :46:05.finish this point... I want to make it clear that our commitment to
:46:06. > :46:12.solidarity means that Labour is opposing this bill for workers and
:46:13. > :46:15.trade unions right across the UK. We believe that he simply devolved
:46:16. > :46:19.employment and industrial relations, for example to Scotland, would be
:46:20. > :46:24.playing into the Conservative government 's hands, and a race to
:46:25. > :46:28.the bottom on workplace rights and privileges would result, and that
:46:29. > :46:32.would have a detrimental impact across the United Kingdom. I give
:46:33. > :46:36.way. Can you confirm to the house that the Welsh government will bring
:46:37. > :46:42.forward legislative consent motion is in terms of Wales. I thank the
:46:43. > :46:46.honourable gentleman for his intervention, I think I would be
:46:47. > :46:50.equally guilty of arrogance on my part if I were to assume the role of
:46:51. > :46:57.the devolved ministers in the Welsh government. The consent motion was
:46:58. > :47:02.clearly indicated as something under consideration in the letter from the
:47:03. > :47:07.First Minister. Madam Deputy Speaker... Clauses 12 and 13. I give
:47:08. > :47:09.way. On that point, the public services Minister for Wales made
:47:10. > :47:14.that clear that he was considering the matter in his evidence to the
:47:15. > :47:18.committee, and today I believe that he expressed that the bill in its
:47:19. > :47:23.current form unamended is an all out assault in the devolution
:47:24. > :47:26.settlement, in his own words. That is why I am slightly nervous when I
:47:27. > :47:30.give way to my honourable friend, because his expertise on these
:47:31. > :47:35.matters is so thorough. And he is absolutely right about the evidence
:47:36. > :47:40.given to him in the committee by Leighton Andrews, the minister from
:47:41. > :47:52.the Welsh government. Our amendments seven and eight... I give way. 1-mac
:47:53. > :48:00.going back to Scotland, Scottish local authorities oppose this bill,
:48:01. > :48:05.is there a Conservative councillor under the name of Bella? I think
:48:06. > :48:10.that shows some feeling. It does not surprise me, it may surprise other
:48:11. > :48:14.members of that is the case, but I think most Conservatives would
:48:15. > :48:19.believe that arrangement entered into voluntarily at a local level
:48:20. > :48:24.between an employer and employees... Are not something that
:48:25. > :48:28.should be interfered with by central government. I would have thought
:48:29. > :48:31.that was the DNA of what Conservative principles are about
:48:32. > :48:36.four people who believe that voluntary arrangements and
:48:37. > :48:41.transactions between parties that are entered into freely, that are
:48:42. > :48:45.not immoral in some way or criminal, should not be tinkered with by
:48:46. > :48:49.central government. That is what is extraordinary in this, and it
:48:50. > :48:54.illustrates the blinkered nature of the government 's views about trade
:48:55. > :48:59.unions and their role in society. If you look at the contents of the
:49:00. > :49:02.bill, and if you recognise the fact the government wants to pull out the
:49:03. > :49:07.Human Rights Act, if you take that in conjunction with the cuts of
:49:08. > :49:14.legal aid, this is a direct attack not only on trade unions in the
:49:15. > :49:18.country but on the general population. Many of those human
:49:19. > :49:22.rights implications will be examined, because of the unfortunate
:49:23. > :49:25.constraints we have on time here will stop but I imagine there will
:49:26. > :49:31.be people in the other place who will look at the bill with a great
:49:32. > :49:35.deal of interest. Under current legislation, trade union
:49:36. > :49:41.representatives have a right to reasonable paid time off to perform
:49:42. > :49:44.duties. This has huge benefits to employees and employers alike.
:49:45. > :49:53.Course 13 has set a cap on the percentage that can be invested --
:49:54. > :49:58.clause. An arbitrary limit can be imposed on the amount of time spent,
:49:59. > :50:02.not only on negotiating on improved pay and conditions, but on
:50:03. > :50:04.training, promoting learning opportunities for the workforce, on
:50:05. > :50:09.accompanying individuals in grievance and disciplinary
:50:10. > :50:13.proceedings, in training, health and safety, and the clause demonstrates
:50:14. > :50:18.a democratic deficit, as my honourable friend pointed out,
:50:19. > :50:24.government ministers can use secondary legislation to restrict or
:50:25. > :50:28.appeal trade rights. Secondly, it will prevent democratically elected
:50:29. > :50:34.to devolve bytes in how they manage their employment and engage with
:50:35. > :50:39.their own staff. Thirdly, provisions mean that the government can pick
:50:40. > :50:42.and choose politically which local authorities it will force to impose
:50:43. > :50:49.a cap. That is a very dangerous precedent. The reserved powers
:50:50. > :50:53.elements of the bill show that the government intend to use that? I
:50:54. > :50:56.think she is absolutely right, I don't think they would be there if
:50:57. > :51:00.the government did not intend to use them, and neither should government
:51:01. > :51:04.grant them those powers and anything other than the assumption that they
:51:05. > :51:08.intend to use with them. The opposition should carefully think
:51:09. > :51:11.about what they grant through the bill. We also know there are
:51:12. > :51:16.significant questions about the legal basis of such a change in
:51:17. > :51:20.relation to European Union law, health and safety ropes, on the
:51:21. > :51:26.rights of trade union representatives, -- representatives.
:51:27. > :51:29.Outsourcing, and rights protected by the European Convention of human
:51:30. > :51:40.rights and the international labour conventions. In addition, according
:51:41. > :51:43.to research, in 2007, workplaces have lower voluntary exit rates
:51:44. > :51:49.which have led to significant savings in recruitment costs. I give
:51:50. > :51:53.way to my honourable friend. With my honourable friend agree with me that
:51:54. > :51:58.the cuts to facilities time and charges to employment tribunal 's
:51:59. > :52:02.would put women of pursuing cases of maternity discrimination which are
:52:03. > :52:06.rising, but women have not been receiving justice recently? My
:52:07. > :52:12.honourable friend is quite right, and she points out something others
:52:13. > :52:16.have pointed out, the degree to which the bill discriminates against
:52:17. > :52:25.women. Yellow mac I am wondering whether the right honourable friend
:52:26. > :52:28.can give me examples of where the government says this interferes
:52:29. > :52:33.between consenting parties in order to undo them. Are there any examples
:52:34. > :52:37.in which you are aware of? I may be inadequate in my research, but I
:52:38. > :52:41.have not come across any examples. I'm sure the minister has dozens of
:52:42. > :52:45.them, because surely he would not pick out a particular group in
:52:46. > :52:51.society for this kind of Draconian treatment, and as he was meeting out
:52:52. > :52:54.that kind of treatment to other groups? The honourable lady has an
:52:55. > :52:59.example? Does the honourable member except that when an employer and
:53:00. > :53:03.employee enter into a contract and agreement between each other, the
:53:04. > :53:07.contract is that the member... The employee will turn up to work and
:53:08. > :53:17.not engage with others to disrupt the employment... If I may finish.
:53:18. > :53:25.And, the union's power to engage in collective activity is an exception
:53:26. > :53:34.to that principle. And so that that exception must only be exercised in
:53:35. > :53:38.circumstances where it is justifiable and legitimate. I do
:53:39. > :53:43.understand the basis in which it is possible to undertake industrial
:53:44. > :53:47.action lawfully, which it has been for over 100 years, and she may well
:53:48. > :53:52.know that, in fact, it was a judgment in the part of the world
:53:53. > :53:59.that me and my honourable friend 's represent, over 100 years ago, they
:54:00. > :54:05.lead to changes having ensuring that in any civilised democratic society,
:54:06. > :54:08.white people have the right to withdraw labour if they are involved
:54:09. > :54:13.in trade disputes, I hope you are not suggesting that that should be
:54:14. > :54:17.the case. As I said earlier, if she is serious about wanting more people
:54:18. > :54:22.to be involved in the decision-making around a trade
:54:23. > :54:26.dispute in balloting and so on, she will be supporting our new clauses
:54:27. > :54:29.and amendments which allow for e-balloting and easier access to
:54:30. > :54:36.democracy for the very people that she is purporting to speak about.
:54:37. > :54:41.Does my friend agree with me that actually having facility times
:54:42. > :54:42.improve industrial relations in the workplace, admitted gates against
:54:43. > :54:53.industrial action? I do agree. There is plenty of
:54:54. > :54:59.evidence that it saves money and facilitates good industrial
:55:00. > :55:02.relations. It is also a Draconian and illiberal action for the
:55:03. > :55:07.Government to interfere in voluntary agreements between employers and
:55:08. > :55:12.employees by Central Dick tacked from ministers in this way and it is
:55:13. > :55:23.something I believe they will live to regret. -- Central Dick cat. It
:55:24. > :55:30.is written into the contract they can have a trade union subscription
:55:31. > :55:35.conducted by Sally. Employers will be able to reissue new contracts.
:55:36. > :55:43.The honourable gentleman is a mind reader. I am coming to that very
:55:44. > :55:47.shortly. Following on from the points made by by honourable friend
:55:48. > :55:54.from York, with my honourable friend agreed that actually, the hallmarks
:55:55. > :55:57.of a good, productive, innovative economy are collaborative,
:55:58. > :56:01.harmonious industrial relations? The likes of Unite, and the likes of the
:56:02. > :56:05.community of our beleaguered steel industry, we must stay competitive.
:56:06. > :56:14.Trade unions are not good for injured were -- individual workers.
:56:15. > :56:18.It is good for the economy. Instead, the Government is basically
:56:19. > :56:25.walking across the street to pick a fight in relation to this, where no
:56:26. > :56:31.provocation exists. Let me make some more progress. I want our colleagues
:56:32. > :56:35.have the opportunity to participate in this section of the debate.
:56:36. > :56:39.Negotiations between employers and unions can play a positive role. The
:56:40. > :56:48.Welsh Government recognises the value of that and has a partnership
:56:49. > :56:54.approach with trade unions. I quote, it cannot be right for the UK
:56:55. > :57:00.Government, blind to devolved service delivery reforms in Wales,
:57:01. > :57:11.to specify how much union facility time devolved public sex at --
:57:12. > :57:16.sector employees should be allowed. Half the Welsh Government operates
:57:17. > :57:19.these arrangements as part of its approach to effective, social
:57:20. > :57:27.partnership and is not seeking to change this. Despite this, the Tory
:57:28. > :57:32.Government... This is not the agenda of respect. This is an attitude of
:57:33. > :57:39.contempt towards devolved administrations. I now move on since
:57:40. > :57:49.I have referred to Chekhov. I give way. To offer my honourable friend
:57:50. > :57:55.some support, some 60 local councils and NHS organisations agree with
:57:56. > :58:00.exactly the point he was making on behalf of Wales. The reader of
:58:01. > :58:07.Enfield Council has said it would seem farcical to expect a council to
:58:08. > :58:11.develop efficient organisational structures and deliver million pound
:58:12. > :58:14.services to the public, but deny its writer to set the level of facility
:58:15. > :58:20.time appropriate to meeting these objectives. And the leader of the
:58:21. > :58:27.council has put it very societally and appropriately in the quote that
:58:28. > :58:37.she reads to the House today. I thank my honourable friend. I have
:58:38. > :58:40.seen it from both sides. Most good employers and big companies will
:58:41. > :58:47.tell you that facility time saves them money. The reason why is the do
:58:48. > :58:54.not want hundreds of their employees disrupted and production disrupted.
:58:55. > :58:57.It is clear to me that your side of the Coasters not have any experience
:58:58. > :59:03.of industrial relations or employment practices. If they felt
:59:04. > :59:07.there were some abuse, that could be dealt with. But to legislate to our
:59:08. > :59:12.loyal something of this kind is absolutely shocking. Which is in
:59:13. > :59:20.effect what the Avent is doing. I will give way. Under law, and she
:59:21. > :59:26.and resources director will still have to provide consultation on an
:59:27. > :59:29.individual basis. Through collective consultation, those agreements can
:59:30. > :59:33.be made quickly and the union can commune a kit with their members
:59:34. > :59:39.very quickly and liaise and negotiate with each other. With this
:59:40. > :59:42.legislation, that human resources director will have to go round every
:59:43. > :59:46.single employee. We are talking about the NHS and councils with
:59:47. > :59:50.several thousands of employees. That will cost vast amount of money, take
:59:51. > :59:56.vast amount of time and leave the Government and those employers in a
:59:57. > :00:03.peculiar legal situation when it could be taken to judicial review.
:00:04. > :00:09.My honourable friend brings his vast experience on these matters to bear.
:00:10. > :00:13.Clause nine would ensure that the ban on Chekhov arrangements would
:00:14. > :00:21.also not apply to services which are either wholly or partly devolved.
:00:22. > :00:25.This is now close 14 in the Bill, which would prevent all public
:00:26. > :00:30.sector employers from deducting union subscriptions via the payroll.
:00:31. > :00:34.The proposed ban is clearly designed to target union finances. And to
:00:35. > :00:38.make it harder for individuals, including lower paid workers, to
:00:39. > :00:42.access union representation in the workplace. Under the clause, the
:00:43. > :00:46.Government will be able to introduce regulations imposing a ban on
:00:47. > :00:51.Chekhov arrangements across the entire public sector. They claim
:00:52. > :00:56.that will save taxpayers ?6 million, but many unions already cover the
:00:57. > :01:02.costs for Chekhov services. I will come back to this. There is a real
:01:03. > :01:06.risk that if the ban does come into effect, the Government and hence the
:01:07. > :01:12.taxpayer will incur costs. Potential, the need to compensate
:01:13. > :01:17.members for the loss of contractual rights. In a moment or two. Let me
:01:18. > :01:22.just say one more thing. The proposed ban on Chekhov arrangements
:01:23. > :01:27.has been proposed in consultation with employers. Any engagement with
:01:28. > :01:32.unions or any proper assessment of the impact on employment relations
:01:33. > :01:35.was not included in the Conservative Party manifesto or the Queen's
:01:36. > :01:39.speech and there was no reference to it in any of the consultations or
:01:40. > :01:43.impact assessments which accompanied the Bill. I note the concern
:01:44. > :01:47.expressed by members on the Conservative benches on this in
:01:48. > :01:54.later amendments which will be considered later this afternoon.
:01:55. > :01:59.Which the honourable gentleman agree with me that when many organisations
:02:00. > :02:04.already have a provision to deduct from payroll for credit unions, for
:02:05. > :02:08.charitable giving and many other things, it is an absolute farce for
:02:09. > :02:12.the Government to suggest that it is some kind of burden on organisations
:02:13. > :02:18.to allow trade union deductions to be deducted? To disagree, I think it
:02:19. > :02:25.is a tragedy rather than a farce. I understand the point she is making.
:02:26. > :02:28.I give way. He has already punched holes in the ?6 million figure and
:02:29. > :02:33.the calculation is which underpin it. Does he agree with me that the
:02:34. > :02:37.Government, if it has any credibility, should also estimate
:02:38. > :02:46.for the amount extra that the public sector and taxpayers will be landed
:02:47. > :02:55.with by any increasing unrest and lack of cooperation from the public
:02:56. > :02:59.sector workforce? I do agree. He represents an area where there are
:03:00. > :03:03.many trade union members. He is absolutely right. All I can say is
:03:04. > :03:06.it is shocking the Government has not published those figures. I know
:03:07. > :03:11.the Minister has deep pockets, and he may well have to dip into them
:03:12. > :03:15.when he finds out how much this policy might cost. Was the
:03:16. > :03:20.honourable gentleman attempting to intervene? I thank the honourable
:03:21. > :03:25.gentleman for giving way and would point out that in some cases, as has
:03:26. > :03:32.been pointed out to me, councils actually make money from Chekhov.
:03:33. > :03:37.There are one or two specific examples. Not only do they repay the
:03:38. > :03:42.costs of Chekhov, there is actually extra funding which supports council
:03:43. > :03:49.services. The honourable gentleman is right. As I referred to earlier
:03:50. > :03:54.in his amendment, T has put his finger on something and his
:03:55. > :03:59.intervention now draws it to my attention. That is that the state
:04:00. > :04:03.should not be interfering in this voluntary transaction, entered into
:04:04. > :04:07.freely by parties where it is not illegal or immoral in any sense.
:04:08. > :04:13.What is wrong with an employer either in the public or private
:04:14. > :04:17.sector, in order to maintain good relations with employees,
:04:18. > :04:20.voluntarily agreeing to help collect trade union subscription in exchange
:04:21. > :04:26.for administrative payment? And what other sphere with a Conservative
:04:27. > :04:29.Government legislate to Baron a simple mutually beneficial
:04:30. > :04:33.transaction of this kind? I think the honourable gentleman should be
:04:34. > :04:43.congratulated for actually spotting that floor and that basic issue that
:04:44. > :04:48.is at the heart of this Bill. Can I also disagree slightly with the
:04:49. > :04:51.shadow minister. It is not a tragedy, it is sinister. Any
:04:52. > :04:54.collective bargaining unit where there is a staff Association along
:04:55. > :04:59.with a trade union, the staff association subs will be able to go
:05:00. > :05:03.into the deducted salary but the trade union will not be. Is that not
:05:04. > :05:10.biased? I will not further escalate this dispute is whether it is a
:05:11. > :05:12.first, tragedy or sinister. But the honourable gentleman is absolutely
:05:13. > :05:19.correct. I will give way to my honourable friend. We did raise this
:05:20. > :05:21.in committee in relation to the things that could be collected
:05:22. > :05:28.centrally by a human resource payroll member. Members of staff who
:05:29. > :05:35.are chartered accountants, for example. Or nurses. They are not
:05:36. > :05:41.affected, but the trade union membership would be. It is entirely
:05:42. > :05:45.appropriate for payroll to be used in this way. Often, members pay into
:05:46. > :05:50.a credit union or something through their payroll. These should be
:05:51. > :05:56.encouraged and are good for industrial relations. This ban was
:05:57. > :06:00.not included in the Conservative Party manifesto or the Queen's
:06:01. > :06:04.speech. There was no reference in any of the consultations or impact
:06:05. > :06:09.assessments. I note that the concerns have been heard on the
:06:10. > :06:15.opposite benches as well. It is almost universally opposed, except
:06:16. > :06:18.for the taxpayers Alliance, known colloquially as a tax dodgers
:06:19. > :06:25.Alliance, who gave evidence during the early stages. The Government has
:06:26. > :06:29.failed to give any substantial employer support for proposals.
:06:30. > :06:34.Particularly, the health centre have expressed concern that this
:06:35. > :06:40.undermines positive industrial relations which are vital for
:06:41. > :06:44.delivering public services. We believe these provisions are
:06:45. > :06:51.unnecessary and Draconian and I give notice that we may wish to move our
:06:52. > :06:55.amendment nine litre to a vote. Perhaps at a later time we may wish
:06:56. > :07:01.to ask for a division in relation to amendment nine. I thank my
:07:02. > :07:05.honourable friend for giving way. Well my honourable friend agree with
:07:06. > :07:09.me that this further complicates the situation in the health environment
:07:10. > :07:13.when people pay a leafy not just for the industrial support of the trade
:07:14. > :07:20.union but also a professional levy which goes towards relationships
:07:21. > :07:24.with their work? I think she highlights the lack of thought,
:07:25. > :07:31.consultation and proper scrutiny that has gone into this proposal and
:07:32. > :07:37.it is unravelling by the minute as honourable members bring their
:07:38. > :07:43.expertise forward. I would just like to draw attention to the other
:07:44. > :07:50.amendments, or some of the other amendments that the Scottish
:07:51. > :07:53.national party have brought forward. Some of which were moved at
:07:54. > :08:00.committee stage. I understand they might wish to divide the house on
:08:01. > :08:05.clause two, which is clause is five, six, seven, eight and nine. Given
:08:06. > :08:10.the time, if they do so, we will support them in lieu of our new
:08:11. > :08:14.clauses and in relation to new clause ten. At that point, I think I
:08:15. > :08:27.should allow somebody else and opportunity. We do we start? Trade
:08:28. > :08:33.unions play an important role in protecting the rights of employees.
:08:34. > :08:38.Through their collective power, they have the ability to balance the
:08:39. > :08:41.scales against an employer, who invariably has greater economic and
:08:42. > :08:45.social power than the employees within its workforce. Last week, I
:08:46. > :08:50.met some trade union officials from my constituency and I was struck by
:08:51. > :08:56.the passion and desire they have to do your job in representing others.
:08:57. > :09:04.But therein lies the crux of this legislation. It is the union's job
:09:05. > :09:07.to represent its workforce, and so it actions misrepresent their
:09:08. > :09:13.wishes. It is important is that when a union has the power to bring a
:09:14. > :09:16.school, hospital or factory to a temporary standstill, it actions
:09:17. > :09:22.actually reflect the will of its members. And I say that for three
:09:23. > :09:28.reasons. First call on if I just develop my idle and a little
:09:29. > :09:32.further. Those who suffer most in the striker not employees or
:09:33. > :09:36.employers, it is the public. The employee does not suffer, because
:09:37. > :09:42.any loss of income from the strike may well be covered by the union.
:09:43. > :09:48.The employer does not suffer because he will be paid his salary in any
:09:49. > :09:53.event. It is the public and only the public which suffers. First as
:09:54. > :09:57.consumer, and later, when the Bill comes in, as taxpayer. The public
:09:58. > :10:02.ends up picking up the tab for both sides. In the winter of discontent,
:10:03. > :10:06.the main victims for the low pay offensive in the public service
:10:07. > :10:11.where the old, the sick, the bereaved, children and the poor. The
:10:12. > :10:16.fact it is right that action by a trade union ought to reflect the
:10:17. > :10:20.mood of its members is a point made not only by the side of the House.
:10:21. > :10:22.The need for democratic accountability of the unions was
:10:23. > :10:31.also recognised by the Labour Government. In a White Paper in 1998
:10:32. > :10:34.entitled Fairness And Work, the Labour Government specifically drew
:10:35. > :10:38.attention to the need for accountability. It said laws on
:10:39. > :10:43.picketing on ballots before industrial action and for increasing
:10:44. > :10:46.democratic accountability of trade unions have all helped to improve
:10:47. > :10:51.employment relations. They will stay.
:10:52. > :10:57.For that reason, it is right that this legislation, which is right as
:10:58. > :11:05.a matter of principle, should apply to the whole of the UK if approved
:11:06. > :11:08.by this house. I give way. Of course, that legislation was brought
:11:09. > :11:13.in by the Baroness Thatcher period of government. Is she saying that
:11:14. > :11:20.Baroness Thatcher was wrong or incorrect? Or flawed in anyway in
:11:21. > :11:25.terms of those legislations that she brought in? The legislation that we
:11:26. > :11:29.have at any time must reflect the position that the country finds
:11:30. > :11:33.itself in at the time. This is the place we find ourselves in, this is
:11:34. > :11:38.the legislation that is right for the moment. I press on. I was not a
:11:39. > :11:41.member of the bill committee, but I have read some of the submissions
:11:42. > :11:45.made to the bill committee by the unions on this issue. The Fire
:11:46. > :11:55.Brigades union said that FPU had met the thresholds in its recent
:11:56. > :11:59.ballots. -- FBU. They need not be concerned about this legislation,
:12:00. > :12:04.nor need they be concerned that they do not get the turnout needed on
:12:05. > :12:09.provisions as they currently stand an amended in the bill. Where it is
:12:10. > :12:13.right that action ought to be taken, it is clear this is a needed method
:12:14. > :12:18.of negotiation, they should be confident that their members will
:12:19. > :12:23.take every effort to vote for it. This legislation is simply there to
:12:24. > :12:28.ensure that where there is not such support, the interests of the public
:12:29. > :12:33.are protected and weighed into the balance. The interventions we
:12:34. > :12:36.already have in the debate, it was suggested thresholds have been met,
:12:37. > :12:42.but the bus driver strike earlier this year took place with a turnout
:12:43. > :12:47.of 21%. Inconvenient sing all of those workers attempting to get to
:12:48. > :12:51.work. Transport for London reported there were 6.5 million passengers in
:12:52. > :12:57.London who need to make alternative arrangements. Would my honourable
:12:58. > :13:01.friend give way? I am sure you would agree, these are some of the most
:13:02. > :13:05.vulnerable people in the city on the lowest wages who entirely rely on
:13:06. > :13:10.that transport system. Absolutely right, when there are strikes,
:13:11. > :13:13.low-paid workers had to get alternative childcare, their
:13:14. > :13:20.hospital appointments are affected, and cannot get to work, they also
:13:21. > :13:24.suffer. I continue. Whilst it may be possible to increase methods of
:13:25. > :13:30.voting, we need to ensure there are sufficient safeguards. As I read the
:13:31. > :13:34.amendments put forward, they provide that electronic needs should be
:13:35. > :13:38.provided as is determined by unions. In an area potentially rife with
:13:39. > :13:43.practical concerns, we must be sure, and be certain, that there are no
:13:44. > :13:48.issues before amendments are allowed. Because if the unions have
:13:49. > :13:52.the power to bring major industries to a standstill, they need to
:13:53. > :13:59.exercise that power responsibly and democratically. It is essential that
:14:00. > :14:06.any ballot is seen to be conducted fairly, and transparently. If there
:14:07. > :14:10.is any risk or perceived flaw in the ballot, the legitimacy of the ballot
:14:11. > :14:17.may be in question. The vote that is taken by union members will not
:14:18. > :14:21.garnered the support, public support, and public trust that the
:14:22. > :14:26.representation of the unions demand. It is for that reason that we should
:14:27. > :14:36.pass clauses two and three without amendment at this stage. Your Mac
:14:37. > :14:44.this is a bill that nobody has asked for, and nobody wants. Even the
:14:45. > :14:54.latest polls in the national press to show -- press show there is the
:14:55. > :14:57.gagging bill part two, I think a deputy chairman of the Conservative
:14:58. > :15:05.Party himself said it was about time that we stop bashing the trade
:15:06. > :15:11.unions. But, let's be completely clear. Let me be completely clear on
:15:12. > :15:15.this issue. It is undoubtably a ferocious, full frontal attack on
:15:16. > :15:27.the trade union movement, on members of the trade union, six million-plus
:15:28. > :15:31.members in the trade union movement. I take exception to some comments
:15:32. > :15:36.that have been made, not from everybody on the government benches,
:15:37. > :15:39.but certainly from a number of MPs, who say they want to distinguish
:15:40. > :15:49.between trade union members and ordinary people. Let me tell you, Mr
:15:50. > :15:51.Deputy Speaker, the trade union members are more than ordinary
:15:52. > :15:57.people, they are absolutely fantastic individuals who go the
:15:58. > :16:03.extra mile to try and help colleagues at every opportunity that
:16:04. > :16:07.is required of them. I thank my honourable friend for giving way, a
:16:08. > :16:11.good friend of mine in my constituency is proud of her roots,
:16:12. > :16:15.her mother is Evelyn Allard, one of the Dagenham women who took
:16:16. > :16:19.industrial action in pursuit of equal pay. Do you agree that, in
:16:20. > :16:24.this bill as it stands, some action is prevented from starting, let
:16:25. > :16:27.alone succeeding, and this bill has a pity killer impact on women? --
:16:28. > :16:39.particular impact. I agree on the impact it would have
:16:40. > :16:44.on women in particular, it is a fact, whether we like it or dislike
:16:45. > :16:47.it, that this bill would have a disproportionate negative impact on
:16:48. > :16:54.women in the workplace. That is one of the major issues. Going back to
:16:55. > :17:02.these ordinary people, trade union members are taxpayers. They pay
:17:03. > :17:05.their taxes. Trade union members want their children to get to school
:17:06. > :17:10.in the morning, the argument has been made by a number of people on
:17:11. > :17:17.the government benches. People think trade union members don't have
:17:18. > :17:20.children... ? Wouldn't my honourable friend agree with me that the tone
:17:21. > :17:24.of this debate is similar to what we were talking about with working tax
:17:25. > :17:28.credits? How does this side of the chamber think they can make the case
:17:29. > :17:30.for working people if they are going to be ideological driven around
:17:31. > :17:40.working people, that does not make sense. Let me develop on the
:17:41. > :17:45.comments made, and my contribution. The issue with regards to the bill
:17:46. > :17:50.itself, Mr Deputy Speaker, it is simple, it is gagging Bill part two,
:17:51. > :17:54.about disarming any dissent, especially in the public sector,
:17:55. > :17:57.when we look at thresholds and ballot revisions of agency workers,
:17:58. > :18:05.all of these new clauses and amendments... We begin to form a big
:18:06. > :18:11.picture. It is about criminalising the working people. It is about
:18:12. > :18:15.eradicating any resistance, particularly in the public sector,
:18:16. > :18:24.particularly with women. Low-paid people in the public sector, why are
:18:25. > :18:30.we putting pay restraints on these people and coming up with crazy
:18:31. > :18:33.ideas about stripping family tax credits from hard-working people,
:18:34. > :18:39.and low-paid people, they don't want to give these people the right to
:18:40. > :18:45.fight back. That is what this bill is about. It is about eradicating
:18:46. > :18:50.that dissent while the Conservative government keep their third firmly
:18:51. > :19:01.on the neck of the low-paid who are struggling even to make ends meet.
:19:02. > :19:05.You are right about this, the other disgraceful thing in this bill is
:19:06. > :19:08.that this is a clear attempt to break the elation chip between the
:19:09. > :19:15.trade union movement and this party. It is about undermining those they
:19:16. > :19:18.represent and talk about. It is every man and woman in this
:19:19. > :19:23.country, because if this party is less strong, those people will
:19:24. > :19:29.continue to discriminate against working people. Absolutely, my
:19:30. > :19:38.honourable friend makes an excellent point with regard to provisions in
:19:39. > :19:45.the bill, there has been an agreement gentleman 's agreement for
:19:46. > :19:50.many years, I want to come to an agreement with regard to this, it
:19:51. > :19:55.should be done on a cross-party basis. I think that many of the
:19:56. > :20:03.members on the benches opposite would agree that this isn't a type
:20:04. > :20:08.of bill where we should put in a clause, where it would mean the
:20:09. > :20:15.political party opposite wouldn't have any finances and it would
:20:16. > :20:22.certainly restrict their finances greatly, to fight in the general
:20:23. > :20:26.election. Aside from the dissent, it is dissent from the opposition, they
:20:27. > :20:31.don't even have the finances to fight. It is believing they have the
:20:32. > :20:40.right to rule, not Govan, rule. That is quite different. I am very
:20:41. > :20:45.grateful, my honourable friend, you make a good point. I cannot help but
:20:46. > :20:49.reflect on the comments made from the previous speaker, the honourable
:20:50. > :20:55.lady from Cambridgeshire, who said legislation needs to be appropriate
:20:56. > :20:59.for the time. We are in a time when industrial action in this country is
:21:00. > :21:02.that she at an all-time low. What problem is it that this legislation
:21:03. > :21:09.in terms of industrial action is trying to sort out? I'm aware of a
:21:10. > :21:13.time where more than 1 million people, most of them in work, are
:21:14. > :21:20.claiming family tax credits, a time when more than 1 million people who
:21:21. > :21:26.are in work, they are having to use food banks. It is not about the
:21:27. > :21:30.issue I mentioned with regard to gagging people in dissent, but
:21:31. > :21:35.keeping them quiet. Of course, I give way. As he has gone slightly
:21:36. > :21:40.wider with tax credits and so on, he talks about as putting our foot on
:21:41. > :21:50.the neck of the poor, are we doing that by delivering a record lowest
:21:51. > :21:56.number. That gives me the opportunity that the deputy speaker
:21:57. > :22:01.gave to me over diversifying the contribution, what did the
:22:02. > :22:08.Conservative Party actually have done? They have increased on record
:22:09. > :22:12.levels zero our contracts, low paid work, more apprentices... Moving on
:22:13. > :22:16.from that immediately, it is not anything to do with the bill before
:22:17. > :22:23.you chastise me. With the honourable member accept that the time we are
:22:24. > :22:29.in at the moment is 788,000 days were lost last year in striking
:22:30. > :22:33.action, which, at a time when every party on this house says
:22:34. > :22:38.productivity is key, is essential? If that is the figures, those are
:22:39. > :22:42.the figures. Let me tell the honourable lady that every single
:22:43. > :22:48.one of those days would have been done through a legal process, and as
:22:49. > :22:58.a last resort from individuals who think they need to take industrial
:22:59. > :23:04.action or strike action, their voice can be heard. Anti-union legislation
:23:05. > :23:09.in the Western world, to take a day 's action, or any other kind of
:23:10. > :23:16.action, to go through all the terms of legislation. I give way. He makes
:23:17. > :23:19.an excellent speech, the honourable lady opposite makes comments about
:23:20. > :23:23.statistics and days and hours lost, he will recall from the committee
:23:24. > :23:28.stage that the hours lost in transport for London means other
:23:29. > :23:33.industrial action was the overall majority, due to breakdowns,
:23:34. > :23:37.failures in signals, overcrowding, leaves on the line... Industrial
:23:38. > :23:43.action barely accounted for two or 3% in the last ten years. Is that
:23:44. > :23:46.what we are dealing with today? If you want to talk about productivity,
:23:47. > :23:52.we should look at that issue rather than trying to highlight some name
:23:53. > :23:58.that is not really the problem. If you analyse the number of days lost
:23:59. > :24:02.through industrial action, it is because the negotiators, whether it
:24:03. > :24:05.is the Mayor of London or Secretary of State for Health, they have
:24:06. > :24:10.refused to come to the negotiation table, talk to trade unions, and
:24:11. > :24:19.have spoiled for a strike as we see in junior doctors strike currently.
:24:20. > :24:25.We cannot crush that voice. Of course, I agree with my honourable
:24:26. > :24:31.friend, and as I mentioned earlier on, doesn't anybody want this Bill?
:24:32. > :24:36.Even some of the Tory party major donors have said this is purely and
:24:37. > :24:46.simply union bashing. As my honourable friend, the member for
:24:47. > :24:53.Cardiff West said before, when asked "what is this about?" He said,
:24:54. > :24:57.absolutely right, that is what the Tories do. The Minister opposite
:24:58. > :25:01.said they voted for it in the last election, you did not declare that
:25:02. > :25:06.as a policy prior to the last election, and you did not declare
:25:07. > :25:10.the NHS act, the changes to tax credits, it seems to be if you are
:25:11. > :25:14.so proud about this planned legislation, why did you not declare
:25:15. > :25:23.before the general election? I am not responsible, I want to clear
:25:24. > :25:27.that one up. I'm sure... No, Mr Blenkinsop, let me reassure you, you
:25:28. > :25:31.are wrong, it is not me, it may be the other side, but they actually
:25:32. > :25:36.said you. The other thing is, we need to speak around the amendments,
:25:37. > :25:38.either allowed you because you have been tempted away and I know you
:25:39. > :25:49.want to go back to where you are. I think the reason why my honourable
:25:50. > :25:52.friend was speaking to me was the front bench where having a separate
:25:53. > :25:59.conversation and where not listening to a single word. That is not
:26:00. > :26:04.unusual. But getting back to the Bill. Getting back to the amendment
:26:05. > :26:09.and the new clauses. This Bill is there for three things. It is they
:26:10. > :26:14.are to restrict the right to organise, to restrict the right for
:26:15. > :26:18.collective bargaining and restrict the right for strike action. I was
:26:19. > :26:23.sitting in the Bill, I was not only Bill committee, but I listened to
:26:24. > :26:27.the many arguments and the evidence sessions, which were quite
:26:28. > :26:33.enlightening. I think the minister himself explained that they found it
:26:34. > :26:37.extremely difficult to get anybody who had a clue what the builder was
:26:38. > :26:45.about to come to the evidence sessions. It is mentioned... The
:26:46. > :26:49.chief executive from 2020 Health, with regard to facility time.
:26:50. > :26:56.Facility time is a huge issue in this Bill. As the honourable member
:26:57. > :27:00.for Glasgow South West mentioned before, he asked with regard to
:27:01. > :27:07.facility time, he asked why my honourable friend from Cardiff South
:27:08. > :27:13.West is it right that a Government minister can intervene and dictate
:27:14. > :27:17.facility time in Scotland and Wales? I ask the same question. Is
:27:18. > :27:22.it right that a Government minister intervenes anywhere in the workplace
:27:23. > :27:26.about facility, anywhere in the UK? Because the answer to that quite
:27:27. > :27:30.simply is that it is not right and they should keep out of the
:27:31. > :27:39.workplace with regard to the rights facility. He also referred to that
:27:40. > :27:47.witness who had no idea what life or limb cover was. It has been in
:27:48. > :27:53.existence since at least the early 1980s, if not the early 1970s. The
:27:54. > :27:58.fact that witnesses called by the Government had no idea about
:27:59. > :28:03.long-term, existing legislation just shows you how pull this legislation
:28:04. > :28:11.is and the work of the ministers who have worked on has been poor. In
:28:12. > :28:14.addition, this individual, who runs a health organisation, a private
:28:15. > :28:19.health organisation, the length of the breadth of the UK, when asked if
:28:20. > :28:26.she had read the Bill, she said not really. Well, have you read most of
:28:27. > :28:31.the Bill? Not really. Do you understand what facility time is?
:28:32. > :28:37.Not really. What is facility time? And then, with regards to life and
:28:38. > :28:42.limb, which is integral to trade union law, whereby trade union
:28:43. > :28:46.representatives will if there is a problem, if there is a life and limb
:28:47. > :28:50.issue, will break off industrial action to ensure that people are
:28:51. > :29:07.safe. She did not even understand that. And can I say, she was the
:29:08. > :29:11.best witness they had. Yes. You like thank you my honourable friend.
:29:12. > :29:14.Would you agree with me that the existence of facility time is
:29:15. > :29:18.actually beneficial to the good running of any public authority or
:29:19. > :29:23.business and the erosion of that will cause immense difficulties in
:29:24. > :29:30.of productivity? If new representation cannot be provided
:29:31. > :29:37.for union members in the workplace? Many papers have been presented by
:29:38. > :29:43.professors, doctors, experts with regards to facility time. There have
:29:44. > :29:50.been many battles on industry relations problems. Over many years
:29:51. > :29:56.and decades of decent industrial relations policy, which allows
:29:57. > :30:00.facility time, which could mean health and safety discussions, the
:30:01. > :30:06.avoidance of industrial disputes, the avoidance of the progression of
:30:07. > :30:11.court cases. Facility time is not about people sitting in an office on
:30:12. > :30:15.a telephone, organising disputes. It is about quite the opposite.
:30:16. > :30:26.Facility time is about trying to avoid these. As a former council
:30:27. > :30:30.leader employing thousands of staff, the facility time was
:30:31. > :30:35.actually to cope with all the casework, because the Government at
:30:36. > :30:38.the time was forcing cuts on local government, meaning so many
:30:39. > :30:42.redundancies. We had to triple the amount of casework time, which was
:30:43. > :30:46.crucial for ensuring that terrible period of redundancy was managed in
:30:47. > :30:54.a humane way that helped people. Thank you. Thank you very much. I
:30:55. > :31:02.agree with the sentiments raised by my honourable friend. Facility time
:31:03. > :31:07.is basically within the Bill. If the Government started to say how much
:31:08. > :31:12.and how little individual people should have in terms of facility
:31:13. > :31:15.time, you will see a breakdown of communications between trade unions,
:31:16. > :31:21.the workforce and indeed the employers. And I think in local
:31:22. > :31:26.government and in the NHS, where it is much valued to the benefit of the
:31:27. > :31:35.general public. We have been discussing thresholds. As you said
:31:36. > :31:42.before, thresholds of 40% and 15%. If we have a look at the Cabinet
:31:43. > :31:47.just prior to the election, because Russian Cabinet, if we applied the
:31:48. > :31:58.same sort of rules, not one of them would have been elected. To be fair,
:31:59. > :32:03.we have got to be consistent with regards to thresholds. And we have
:32:04. > :32:12.got to be fair. We have the police and crime commissioners. The average
:32:13. > :32:24.turnout for them was 17%. The Government itself was elected by
:32:25. > :32:29.only 24% of the electorate. A lot of people, or are people saying that
:32:30. > :32:35.people should have the right to govern? I just think that fairness
:32:36. > :32:40.should prevail and that brings me onto the very fact that, with regard
:32:41. > :32:47.to thresholds, if we look at the issue of balloting, there has been
:32:48. > :32:52.many people discussing e-balloting and how that would provide a much
:32:53. > :32:56.bigger turnout. That is what the Conservative Government wants. I
:32:57. > :33:01.think I would agree we want more people to participate in the
:33:02. > :33:07.ballot, hence the issue with thresholds. It is terribly, terribly
:33:08. > :33:13.unfair to suggest that at this stage, it is not a secure way of
:33:14. > :33:20.balloting individuals, because it is. He has been talking about the
:33:21. > :33:26.time we are in. It is clear from the front bench opposite that we are and
:33:27. > :33:32.a time of increased militant activism. We will support all
:33:33. > :33:36.demonstrations of Parliament in the picket line. We have been with you
:33:37. > :33:39.every step of the way. We are trying to protect the public in order to
:33:40. > :33:46.increase accountability and transparency. I certainly do
:33:47. > :33:50.recognise the words of the honourable gentleman, who normally
:33:51. > :34:00.has a much more productive way of addressing issues in the Commons.
:34:01. > :34:04.But with regard to thresholds... We are talking about protecting the
:34:05. > :34:10.public. Remember that when we were fighting to ban the hunting of dogs
:34:11. > :34:13.it was not trade unionists who allowed that through. When they talk
:34:14. > :34:18.about freedom of speech, perhaps they should run some of their own
:34:19. > :34:25.practices of the past. You like a fair point well made by my
:34:26. > :34:31.honourable friend. There are lots of instances and all have been given
:34:32. > :34:36.with regard to the male elections and with regards to e-balloting. I
:34:37. > :34:41.believe in balloting in the workplace or indeed a hybrid to make
:34:42. > :34:49.sure that people actually get involved in these very important
:34:50. > :34:54.ballots. I thank my honourable friend for giving away. What kind of
:34:55. > :35:02.society does my honourable friend think we are moving towards where
:35:03. > :35:06.only the 50% and 40% rule that is proposed, 79% of votes cast in
:35:07. > :35:12.favour of strike action, but such a strike would still be illegal after
:35:13. > :35:18.79% of votes cast in favour. That is absolutely correct. I will talk
:35:19. > :35:24.about that issue briefly with regard to what is on the face of the Bill.
:35:25. > :35:30.The Conservatives are suggesting something that happens nowhere else
:35:31. > :35:35.in society. Those who do not cast their vote will be classified as a
:35:36. > :35:40.no vote. That is outrageous. It is horrendous, it is undemocratic. It
:35:41. > :35:49.is against the European Court of Human Rights' decisions and that
:35:50. > :35:54.will be challenged. I will wind up simply by singing that there is not
:35:55. > :36:02.in my view any place in it today's society for this unbelievably brutal
:36:03. > :36:08.attack on hard working men and women in the workplace. And I predict one
:36:09. > :36:13.thing, that ordinary people, when pressurised to much, you will get a
:36:14. > :36:18.reaction. I predict from the floor of the House of Commons that there
:36:19. > :36:28.will be civil disobedience, because bylaws need to be changed. I speak
:36:29. > :36:36.primarily to amendments 15, 16 and 21 which relate to the causes on
:36:37. > :36:41.thresholds and on the termination of the ballot conclusion. My
:36:42. > :36:46.understanding is that if they were to be added to the Bill, in effect,
:36:47. > :36:54.they would be redundant, because they require agreement by all the
:36:55. > :36:59.devolved authorities. As I said, it was a privilege to serve on the Bill
:37:00. > :37:05.committee. It was my first as a Member of Parliament, and I for one
:37:06. > :37:11.do have an admiration for the union movement and as a new MP, I found it
:37:12. > :37:16.stimulating and interesting to cross-examine the five most powerful
:37:17. > :37:21.union leaders. I shook their hands and Sir Paul Kenny said to me would
:37:22. > :37:24.I like to come and join him on a picket line to find out what it was
:37:25. > :37:31.like. I am not sure which picket line he was referring to. I did a
:37:32. > :37:38.decline on that occasion. Perhaps it was the Chief Whip's. There are many
:37:39. > :37:44.parts to this Bill which I must confess I would not have been an
:37:45. > :37:54.expert in had I not sat on the Bill committee, but I think if you were
:37:55. > :37:59.to talk to him about parts of these Bill and you are not familiar with
:38:00. > :38:04.unionisation, they would not be familiar, and I say that with no
:38:05. > :38:07.disrespect, I recognise how important they are two members
:38:08. > :38:10.opposite, but for most members of the public, the key issue is
:38:11. > :38:15.thresholds will stop because it is about those large strikes that have
:38:16. > :38:22.happened, relatively small in number, but massive an impact, such
:38:23. > :38:29.as the London should strikes. -- London subway strikes. People
:38:30. > :38:32.considering civil unrest... He should go see the London commuters
:38:33. > :38:37.who are trying to find their way onto a bus because the subway is out
:38:38. > :38:44.of action on a ballot brought by Hedman. It is too often we hear the
:38:45. > :38:49.other side talk about the inconvenience of a strike. It can be
:38:50. > :38:54.amazingly disruptive. We need clear accountability to make sure this
:38:55. > :39:03.destruction is minimised. He puts it very well. And I would remind the
:39:04. > :39:07.house that when we took evidence from the general secretary of the
:39:08. > :39:12.community trade union, very busy of course with these difficult times in
:39:13. > :39:16.the steel industry. When asked about thresholds, he said it is about
:39:17. > :39:22.having proper industrial relations and having a partnership approach. I
:39:23. > :39:25.do believe a threshold of 50% is fair and reasonable because that is
:39:26. > :39:36.what we have, that is our democracy. Do you agree? The gentleman has made
:39:37. > :39:42.examples of the fury. I understand that completely. Is he saying that
:39:43. > :39:46.if this goes through and legislation is enacted and a strike then takes
:39:47. > :39:53.place, legitimately that these people will not be furious any more?
:39:54. > :40:00.Is he really saying that? I will just answer that point. If it had
:40:01. > :40:03.taken place with the strong support that would have to be achieved with
:40:04. > :40:07.these regulations, I think the public would at least understand
:40:08. > :40:10.they had the full consent. What they will be angry about is the strikes
:40:11. > :40:16.we heard about from evidence, in front of us from bus, rail companies
:40:17. > :40:17.and others, that from relatively small town, massive disruption was
:40:18. > :40:26.caused. On that point, would you agree that
:40:27. > :40:32.the clauses do not ban or prohibit strikes? What they did do is make
:40:33. > :40:36.sure millions of people who are affected by strikes on public
:40:37. > :40:41.services can be reassured that there is a genuine mandate for that
:40:42. > :40:45.action? He puts very welcome I finish on this point, and going back
:40:46. > :40:50.to the honourable member 41 spec, he asked about support, we heard from
:40:51. > :40:54.the CBI, rail companies, and bus companies, but we hear from the
:40:55. > :41:01.people who use them. It is about this, even Len McCluskey issued a
:41:02. > :41:05.letter to the committee supporting 50%, and it was with e-balloting.
:41:06. > :41:08.There is strong and principled support across the country for
:41:09. > :41:19.changes on thresholds, and I leave it there. Your. I am happy just to
:41:20. > :41:28.take that point. We need to get this right. Are you sure? I need to
:41:29. > :41:32.clarify the point with regard to Len McCluskey, because the United union
:41:33. > :41:38.suggested discussions take place relating to the Prime Minister,
:41:39. > :41:43.suggesting that thresholds would be irrelevant, if, indeed, the
:41:44. > :41:48.government would introduce e-balloting in the workplace, those
:41:49. > :41:51.were the preconditions. I thought it was very given they were mentioned a
:41:52. > :41:54.couple of times, but the best person to take this forward would be the
:41:55. > :42:06.Minister on that, but I'm happy to conclude. Thank you. Thank you Mr
:42:07. > :42:11.Deputy Speaker, during the second reading of this very Bill, I asked a
:42:12. > :42:17.question which, to date, I've had no answer on it. It was simply what
:42:18. > :42:22.problem is this proposed piece of legislation designed to solve? What
:42:23. > :42:25.calamity do we have in our land in the field of industrial relations
:42:26. > :42:30.that means the government of the day must prioritise this piece of
:42:31. > :42:35.legislation? I cannot find any. It is a fact, is it not, that the
:42:36. > :42:40.average worker in the UK now will go on strike for one day every 15
:42:41. > :42:44.years? That seems to me ridiculous that this should be the priority of
:42:45. > :42:50.the government. I believe the only reason it is here with so few
:42:51. > :42:55.members listening opposite in the debate, unfortunately, but it is
:42:56. > :43:00.purely ideological. I don't say or members of the Conservative Party
:43:01. > :43:05.are against trade unions, but there most definitely is a strand that is
:43:06. > :43:09.very an empathetic to trade unions. It seems the ability of people
:43:10. > :43:19.combining in the workforce to prosecute their own rights, it is an
:43:20. > :43:23.impediment on employers, and a hostile attitude to trade unions.
:43:24. > :43:27.Unfortunately for the working people of this country, it is a strand in
:43:28. > :43:32.the Tory party that is in the driving seat of this legislation. It
:43:33. > :43:37.is a great irony, is it not, that in order to do that, they are going to
:43:38. > :43:42.have to have an unprecedented degree of state interference in the affairs
:43:43. > :43:47.of private enterprise. They will have to have state regulation of
:43:48. > :43:52.trade unions which is more akin to a totalitarian then democratic regime.
:43:53. > :43:57.I want to turn and support, in particular, the resolutions put
:43:58. > :44:00.forward in the name of my colleagues, which argued for the
:44:01. > :44:05.requirement for consent from the local and devolved authorities in
:44:06. > :44:15.the UK in order for provisions of this Bill to be -- to be in talented
:44:16. > :44:18.-- implemented. We'd been debating the Scotland Bill, in competencies
:44:19. > :44:24.and authorities that should go to Scottish apartment. We argued that,
:44:25. > :44:27.in fact, it should all be devolved to Scottish parliament, because if
:44:28. > :44:31.we did, then proposals like this would never see the light of day.
:44:32. > :44:35.But we know there is not a majority in this house for this proposal, I
:44:36. > :44:39.want to be clear that what we are arguing today is not that, we aren't
:44:40. > :44:43.arguing for devolution of these powers, but something that goes to
:44:44. > :44:47.the heart of the debate in this country about who runs public
:44:48. > :44:50.services. It has been the will of this Parliament to say that many of
:44:51. > :44:55.our public services should be devolved to local and devolved
:44:56. > :45:00.administrations. Therefore, it is not right for this Parliament to
:45:01. > :45:06.hinder the ability of managers of those services to deliver them, I
:45:07. > :45:09.saying it would interfere and set requirements on the most important
:45:10. > :45:12.resource available to those people, the workforce that work in them.
:45:13. > :45:17.Just because the right honourable member for Uxbridge has a problem
:45:18. > :45:19.managing relations on the London Underground, it should not be that
:45:20. > :45:26.the rest of the country has two suffer. I want to dwell because we
:45:27. > :45:30.have a series of amendments that the consent on these amendments to the
:45:31. > :45:35.bill. I want to talk about this, and I will try not to repeat what has
:45:36. > :45:40.already been said. Firstly, on balloting, the thing that has not
:45:41. > :45:43.come out here is that clearly there is a number of mechanisms in this
:45:44. > :45:47.bill that are designed to make it harder for the trade union to win a
:45:48. > :45:52.ballot and go on strike. Let's be clear, that is what the objective
:45:53. > :45:56.is. But members are mistaken if they think that will make a problem
:45:57. > :46:01.disappear. It seems to me there is a great ignorance in the process of
:46:02. > :46:06.managing industry, amongst the authors of this bill. What often
:46:07. > :46:10.happens is that if something arises that is a concern or dispute among
:46:11. > :46:14.the workforce, members go to their trade union, and the union decides
:46:15. > :46:18.to do something, that can be a way of resolving a dispute and a
:46:19. > :46:24.problem, that actually would be in the benefit of the industry service
:46:25. > :46:30.concerned. By putting an additional measures, what you would do is yes,
:46:31. > :46:34.make it harder for unions to go on strike, let problems fester, and
:46:35. > :46:37.dysfunction continue, and it will not relate to the benefit of the
:46:38. > :46:43.trade industry or service in which is taking place. When the union does
:46:44. > :46:48.pass these hurdles and managed to get a mandate for a strike, that
:46:49. > :46:51.would be a bigger, longer and more vicious strike than it ought to have
:46:52. > :46:56.been, had the matter being attended to at an earlier stage. I content
:46:57. > :47:00.that these measures, which you think are about making it harder for
:47:01. > :47:05.unions to take strike action is, will have a different effect on
:47:06. > :47:08.industrial relations, and make it harder for the management of public
:47:09. > :47:13.and private services to deliver and get consent of the workforce.
:47:14. > :47:18.Another aspect to talk about is facility time, and we should be
:47:19. > :47:26.clear that the wave theory -- the way it has been discussed means some
:47:27. > :47:32.union officials could spend all day winging it to its knees, it is
:47:33. > :47:36.nothing of the kind. - bring it. If you did, for one day, working a
:47:37. > :47:40.public service committee would understand that officials at a local
:47:41. > :47:45.level play an extremely constructive role to the delivery of that
:47:46. > :47:49.industry or service. In many ways, the role can be described as one
:47:50. > :47:53.like a welfare officer, they often help out individual employees who
:47:54. > :47:57.may have problems with work or management, or personal problems as
:47:58. > :48:08.well which are affecting their work. I give way. There was evidence in
:48:09. > :48:11.the Bill committee from the general secretary of Usdaw, which said they
:48:12. > :48:17.were problem-solving is rather than problem causes, would you agree? I
:48:18. > :48:21.would agree wholeheartedly, and I've experienced my entire working life
:48:22. > :48:27.as an employer and employee, that indicates that is exactly the case.
:48:28. > :48:30.Facility time can be a good name for management. It can be a good thing
:48:31. > :48:35.for industry and a good thing for getting things done. Also, on
:48:36. > :48:41.Chekhov, hopefully we would get an explanation in summing up, but how
:48:42. > :48:45.can it be that it is OK for a local authority or health board to have a
:48:46. > :48:49.Chekhov facility voluntarily agreed with its workers to deduct a payroll
:48:50. > :48:53.subscription for a union, how can it be that has to be outlawed or
:48:54. > :48:56.criminalised while at the same time they can do that for the National
:48:57. > :49:02.Trust or any charity or insurance scheme that they wish to? It is,
:49:03. > :49:05.quite friendly, ridiculous. It is punitive in the stream, and very
:49:06. > :49:11.much something that belies the fact that this Bill is an anti Trade
:49:12. > :49:15.Union Bill, despite the title. I hope the National union comes back,
:49:16. > :49:18.if the question is about money and the cost for the public sector,
:49:19. > :49:25.unions would be, I'm sure, happy to negotiate pay. Local authorities and
:49:26. > :49:30.others may be able to make money out of providing the service for payroll
:49:31. > :49:38.Chekhov. Time is short, I know other members want to speak, I want to end
:49:39. > :49:42.with this. If you say that you vote this down, and don't agree that the
:49:43. > :49:51.consent of the London mayor or the Welsh assembly or Scottish
:49:52. > :49:55.Parliament, whoever. This government will force them to do whatever they
:49:56. > :50:01.want, even if it does not make sense for local services. Are you not then
:50:02. > :50:06.entering into uncharted territories, where you are effectively declaring
:50:07. > :50:08.that you are prepared to go to war with the devolved administrations
:50:09. > :50:13.and local authorities in this country whom you have said should be
:50:14. > :50:19.responsible for the very delivery of this service. I want to finish by
:50:20. > :50:23.saying this is one of those things that was in the Conservative
:50:24. > :50:26.manifesto and I don't think you would have expected you would have
:50:27. > :50:36.to open at this, you don't have a mandate for this, and I would ask
:50:37. > :50:48.you at the 11th hour to pull back. For my proud interests... Let me
:50:49. > :50:55.start again, I am very glad that my fellow member has spoken. I want to
:50:56. > :50:59.bring some evidence. He talked about intimidation in workplace ballots. I
:51:00. > :51:05.refer him to the last two workplace ballots run by the National U of
:51:06. > :51:13.Mineworkers in 1981 and 1983, very tense times with 80% turnout, to
:51:14. > :51:17.take strike action to fight against pit closures. More than two thirds
:51:18. > :51:21.of members said no on both of them, where was proof of intimidation
:51:22. > :51:29.there? He also referred to the fact that my party talked about going
:51:30. > :51:34.back to work. The fact is, we don't want these changes. If you had to
:51:35. > :51:40.have these changes, let's be serious about them, we put forward
:51:41. > :51:43.amendments that we did, and also said let's have electronic voting,
:51:44. > :51:48.that is why we put forward amendments that we did. What is
:51:49. > :51:52.quite clear is this is about bias and bop -- blocking people like me
:51:53. > :52:00.from the opportunity to go through the trade union knows meant, getting
:52:01. > :52:03.the support of the trade union, I can come in here and challenge
:52:04. > :52:11.people like you who destroy the things that I believe in. That's
:52:12. > :52:15.what it is about, nothing more and nothing less. Who wants this Bill?
:52:16. > :52:26.Not one person when I was growing up said to me. More pertinent now, the
:52:27. > :52:31.issue on this floor today, not one person has asked me to support what
:52:32. > :52:37.is being done. 431 people have written to me directly, and said I
:52:38. > :52:41.should oppose it. Let me be clear, the employers don't want it, the
:52:42. > :52:45.workers don't want it, and it is quite clear the public don't want
:52:46. > :52:49.it. Let's be clear, if this is forced through, as the honourable
:52:50. > :52:55.gentleman said, we would see more industrial unrest. Victimisation in
:52:56. > :52:58.the workplace went end, health and safety abuses at work went end,
:52:59. > :53:02.described nationwide and come exploitation went end, and
:53:03. > :53:07.frustrated workers will not stand back, no matter what legislation
:53:08. > :53:12.says. You will end up with workers being forced to break laws, and if
:53:13. > :53:17.they are forced to, the work people we represent, I would say to my
:53:18. > :53:20.party and other MPs, if your people say they are going to break that
:53:21. > :53:25.law, we should be a force behind them, because this is nothing more
:53:26. > :53:30.than an attempt to undermine the other members of the house. The
:53:31. > :53:37.party office -- party opposite are abusing the memory of Winston
:53:38. > :53:41.Churchill. We have heard fierce argument today and in committee from
:53:42. > :53:45.those who would seek to exclude some areas of great Britain from the
:53:46. > :53:50.reach of this bill, or who would seek to allow coverage in those
:53:51. > :53:52.areas only with the consent of the bodies to which certain other
:53:53. > :53:56.responsibilities have been devolved. There's nothing in this bill that
:53:57. > :54:01.need cut across the positive relationships we have heard about
:54:02. > :54:06.between unions and relations in government in Wales. There's nothing
:54:07. > :54:11.to stop paid facility time being used to fulfil union duties and
:54:12. > :54:16.represent the working people. Introducing measures that have
:54:17. > :54:20.already been introduced in the civil service, and union duties are still
:54:21. > :54:24.50 old and the filled admirably and adequately in the several surfaces.
:54:25. > :54:29.It is important for the productivity and prosperity of Great Britain as a
:54:30. > :54:32.whole that arrangements pertaining to employment matters are applied
:54:33. > :54:40.consistently across Great Britain. Employers do not see boundaries when
:54:41. > :54:45.engaging start, -- staff. Having different employing laws applying in
:54:46. > :54:50.this situation would produce a complex situation that would involve
:54:51. > :54:56.a great deal of confusion and cost to business. I'm happy to give way.
:54:57. > :54:58.As he said, the bill does not apply to Northern Ireland, these issues
:54:59. > :55:03.are devolved to Northern Ireland. Is he aware of comments of the Minister
:55:04. > :55:06.in Northern Ireland, Doctor Stephen Ferry, who said he does not believe
:55:07. > :55:12.there is this case for winding back the clock on this reform, or it
:55:13. > :55:16.would be supported by the executive of the assembly. Is it a surprise
:55:17. > :55:19.that the National Assembly for Wales and the Scottish Parliament agree
:55:20. > :55:24.with the points made by Northern Ireland? Am sorry we were not able
:55:25. > :55:28.to hear from him directly, I'm sure he had much to contribute. He will
:55:29. > :55:32.be aware there is a particular historical record in Northern
:55:33. > :55:35.Ireland which is why, in long time ago, employment law was devolved to
:55:36. > :55:41.Northern Ireland. That historical record does not apply elsewhere in
:55:42. > :55:45.Great Britain. This is why implement and industrial relations law are
:55:46. > :55:49.clearly reserved matters under the settlements with Scotland, and
:55:50. > :55:52.Wales. It is entirely in order for the government to propose the Trade
:55:53. > :55:56.Union Bill applies to the whole of Great Britain and does not require
:55:57. > :55:57.the consent of the devolved governments or any local
:55:58. > :56:06.authorities. Turning to the detail of that very
:56:07. > :56:09.amendments that have been proposed, firstly in relation to ballot
:56:10. > :56:13.thresholds information and mandates and their consent by devolved
:56:14. > :56:16.authorities, commuters and families all over Great Britain suffered
:56:17. > :56:21.disruption when a local transport provider or a local school and the
:56:22. > :56:24.workers ended go on strike. By increasing the mandate, this Bill
:56:25. > :56:30.will not stop strikes, it may well not even lead to fewer strikes but
:56:31. > :56:34.it will reassure members of the public that strikes are happening on
:56:35. > :56:37.the basis of strong, democratic mandates and that therefore their
:56:38. > :56:43.lives are not being disrupted for no purpose. I am happy to give
:56:44. > :56:46.great... Can I thank the Minister. Several private bus companies in
:56:47. > :56:49.Chester have recently withdrawn rural services. That is
:56:50. > :56:53.inconveniencing commuters in Chester. Why is the Government
:56:54. > :56:59.legislating to stop them doing that? What he will be aware of is people
:57:00. > :57:03.have alternative services and where they do have alternative services,
:57:04. > :57:08.we are not proposing to introduce the higher mandate. We are producing
:57:09. > :57:12.the higher minded when a service is effectively a monopoly in the life
:57:13. > :57:17.of the consumer and that they have no other possibility that they can
:57:18. > :57:23.arrange at short notice. Moving on now to the certification Officer. It
:57:24. > :57:25.is entirely reasonable for a union regulator to mirror the geographical
:57:26. > :57:30.extent of unions themselves. It would be very disruptive to have a
:57:31. > :57:33.single union subject to different regular Tory arrangements in
:57:34. > :57:39.Scotland than the rest of Great Britain. Or worse, -- regular Tory.
:57:40. > :57:47.To be subject in parts of England, it is worth noting that the 1992 act
:57:48. > :57:51.already provides under section 25 430 certification Officer may
:57:52. > :57:55.appoint an assistant certification officer for Scotland and may
:57:56. > :57:58.delegate to the assistant such functions as he thinks appropriate
:57:59. > :58:05.in relations to unions based in Scotland. He talks about trade
:58:06. > :58:09.unions being organised on a geographical basis. Does that mean
:58:10. > :58:16.the educational institutions of Scotland will be exempt from this
:58:17. > :58:23.Bill? The Rob member with whom I have had lively and enjoyable debate
:58:24. > :58:25.in Committee knows that applies in this devolution settlement
:58:26. > :58:29.throughout Great Britain and to all institutions including those that
:58:30. > :58:35.are only active within Scotland. In conclusion on these amendments,
:58:36. > :58:38.Parliament has put in place proper procedures for considering what
:58:39. > :58:42.should be reserved for arrest of Mr and what should be resolved through
:58:43. > :58:46.-- defaults are other measures must. Debates took place yesterday on what
:58:47. > :58:49.should be devolved and reserved to Westminster. Employment and
:58:50. > :58:54.industrial relations law is preserved. Turning now to other
:58:55. > :58:57.balloting methods that have been proposed in amendments from
:58:58. > :59:00.opposition parties... It is vital that union members, employers and
:59:01. > :59:03.the public that union members, employers and the public have the
:59:04. > :59:08.utmost processes as my honourable friend for a part of Cambridge that
:59:09. > :59:13.I forget but it's very people argued so clearly -- very beautiful.
:59:14. > :59:17.Without that the integrity of the whole system would be called into
:59:18. > :59:20.question. Members will not use it, unions will not rely on it and
:59:21. > :59:26.employers in the public will not trust it. That is not in anyone's
:59:27. > :59:31.interest. As I said during public bills Committee, and as the Prime
:59:32. > :59:36.Minister has said also, we have no objections in principle to the
:59:37. > :59:42.introduction of E balloting. I would expect that in some time, maybe five
:59:43. > :59:45.years or ten, the practical objections I am about to outline
:59:46. > :59:52.will indeed have been overcome. It is simply a matter of time and human
:59:53. > :59:57.ingenuity. But there are practical objections and the opposition cannot
:59:58. > :00:00.just dismiss them. The onus is on them in proposing new forms of
:00:01. > :00:06.voting to show that these objections can be overcome. The Speaker's
:00:07. > :00:10.commission on Digital democracy received evidence from the open
:00:11. > :00:15.rights group and I quoted evidence in the second reading debate. Jim
:00:16. > :00:18.Killock the Executive Director of this group also give an interview to
:00:19. > :00:22.the Guardian newspaper in which he stated this in February this year,
:00:23. > :00:27.this is a very hard problem to solve, referring to online
:00:28. > :00:32.balloting, and so far nobody has managed it. Accountability in
:00:33. > :00:38.software systems means a clear audit trail of who did what, which of
:00:39. > :00:41.course would violate the basic question of secrecy, he had the
:00:42. > :00:44.complexity of making sure that internet systems are secured, that
:00:45. > :00:48.the voting equipment can be trusted despite being attached to the
:00:49. > :00:52.internet and that every voter's machine is not being tampered with.
:00:53. > :00:56.Given the vast numbers of machines that are infected by criminally
:00:57. > :01:00.controlled malware and the temptation for somewhere to
:01:01. > :01:07.interfere in an election, internet voting is a bad idea. I am not aware
:01:08. > :01:11.that the gentleman quoted is a Conservative and I am not aware that
:01:12. > :01:15.he supports the Government, I think honourable members opposite instead
:01:16. > :01:19.of shouting at me should perhaps reflect on the objections that have
:01:20. > :01:25.been raised and were with us -- work with us to try and overcome them.
:01:26. > :01:29.Because, we are absolutely open to discussing these practical
:01:30. > :01:32.objections. We are absolutely open to working with the opposition
:01:33. > :01:47.parties and indeed anyone else in society in order to overcome... I am
:01:48. > :01:51.very grateful for him giving way. He has spoken about problems with
:01:52. > :01:54.processes. But we are also talking about some of the most venerable
:01:55. > :02:00.institutions in our country which are trade unions. At this early
:02:01. > :02:03.stage in this Parliament, with five years of important discussions to
:02:04. > :02:08.have with trade unions across the country, on wages, terms and
:02:09. > :02:12.conditions, efficiencies, does the Minister wants to say to trade union
:02:13. > :02:18.leaders that this government doesn't trust them to run a ballot? What I
:02:19. > :02:22.want to say to trade union leaders is that when they can't overcome the
:02:23. > :02:25.objections listed not by me but by experts from groups like the open
:02:26. > :02:29.data group, the Government will be very happy to work with them on them
:02:30. > :02:35.permitting new forms are balloting but until they have done so, we
:02:36. > :02:40.remain to be persuaded. On that point, I would just like to respond
:02:41. > :02:44.to my honourable friend from Huntingdon, he is right that there
:02:45. > :02:47.is no requirement for primary legislation in order to introduce
:02:48. > :02:51.new forms are balloting. It can be done on to power that already exist
:02:52. > :02:56.in section 54 of the employment act of 2004. On that basis, Mr Deputy
:02:57. > :03:02.Speaker, I urge the House to reject the amendment. Can I thank all those
:03:03. > :03:08.members who contributed to the debate? I think there are probably
:03:09. > :03:18.three things that strike out, can I just say gently to the Minister and
:03:19. > :03:22.to the Conservatives? OK, sorry, I am indicating the withdrawal of
:03:23. > :03:28.amendment 15, pushing new Clause to a new Clause ten to and new Clause
:03:29. > :03:36.ten devote, thank you. We now put the question to be moved... Number
:03:37. > :03:43.two. New Clause to be added to the Bill, as many of that opinion say
:03:44. > :05:07.if. Contrary, no. Division, clear lobbies.
:05:08. > :05:33.Order, order. The question is that new Clause two be added to the Bill,
:05:34. > :16:38.for the noes, That is very kind of you! Order,
:16:39. > :16:51.order. The ayes to the right, 268. The noes to the left, 301.
:16:52. > :17:11.Thank you. The ayes to the right, 268, the noes to the left, 301. The
:17:12. > :17:16.noes have it. Unlock. Thank you.. We now come to amendments six, with
:17:17. > :17:24.which it will be considered the new clause in amendments listed on the
:17:25. > :17:30.selection paper. I must say, I thought we won the
:17:31. > :17:35.last debate, but we lost the vote. As Disraeli said, perhaps a majority
:17:36. > :17:40.is its own repartee, but perhaps things will change when discussed in
:17:41. > :17:44.another place. Let me turn to amendments six, which deletes clause
:17:45. > :17:49.nine, and leaves the arrangements as they currently stand. Picketing
:17:50. > :17:54.activities are already heavily regulated in the UK by an extensive
:17:55. > :18:03.range of civil and criminal laws, Unionists must comply with peaceful
:18:04. > :18:07.pickets in section 220 in the Consolidation act, 1992, and operate
:18:08. > :18:12.in accordance with the accompanying code of practice. The Conservative
:18:13. > :18:15.government have failed to demonstrate why picketing provisions
:18:16. > :18:19.in the bill are necessary or justified. The governments own
:18:20. > :18:25.regulatory policy committee concluded that impact assessments on
:18:26. > :18:31.picketing restrictions were not fit for purpose. There have been minor
:18:32. > :18:36.concessions, Mr Deputy Speaker 's, made by the government. I will come
:18:37. > :18:40.onto that later. New provisions go far beyond what is fair or
:18:41. > :18:48.necessary. In fact, a were described by the right honourable member as
:18:49. > :18:52.Franco style, I think that is appropriate by a Conservative
:18:53. > :18:54.member. The clause would introduce new restrictions on picketing
:18:55. > :18:58.activities, trade unions and their members, failure to comply with
:18:59. > :19:02.these overly prescriptive requirement would expose trade
:19:03. > :19:07.unions to legal challenges. Employers would be able to apply to
:19:08. > :19:12.court for injunctions preventing or imposing restrictions on a picket,
:19:13. > :19:18.or even for damages for failing to wear an armband on the picket line.
:19:19. > :19:22.Over the summer, Mr Deputy Speaker, the government ran a short
:19:23. > :19:34.consultation that was utterly insufficient given the scale of
:19:35. > :19:40.changes proposed in the Bill. Even though the governments own impact
:19:41. > :19:49.assessment confirmed this. Carr decided he was unable to make these
:19:50. > :19:53.proposals or recommendations as an shortage, due to the increasingly
:19:54. > :20:00.political environment within which he was operating. Coupled with a
:20:01. > :20:05.body of evidence significant enough to support recommendations for
:20:06. > :20:08.change. I give way. Does my honourable friend see the Rooney in
:20:09. > :20:12.the party of suppose it free marketeers intervening with the
:20:13. > :20:19.contract in agreement with two other parties? I do, I come onto that
:20:20. > :20:23.point when discussing some of the later amendments, and for the
:20:24. > :20:27.moment, I talk about picketing provisions, you are absolutely
:20:28. > :20:30.right. This document also acknowledged that most pickets
:20:31. > :20:34.conform to the guidance set out in the current practice. The review of
:20:35. > :20:41.the government impact assessment also found that" there is little
:20:42. > :20:46.evidence presented that there would be any significant benefits arising
:20:47. > :20:53.from this proposal. In liberty and their briefing for today's debate,
:20:54. > :20:57."in the absence of any evidence that these changes are needed, these
:20:58. > :21:01.bureaucratic proposals can only be construed as an attempt to create a
:21:02. > :21:06.situation whereby individuals and unions are set up to make mistakes,
:21:07. > :21:10.subjecting them to legal action and making strike action even more
:21:11. > :21:20.expensive and risky than it already is". I give way. Do you share the
:21:21. > :21:23.concerns I have in that we are producing evidence that the
:21:24. > :21:29.picketing arrangements are going to result in increased blacklisting of
:21:30. > :21:32.trade union activists? There is every likelihood of that, I think
:21:33. > :21:39.the Bill committee stages showed that, and were brought out clearly
:21:40. > :21:42.in the evidence. The current law in the UK provides sufficient
:21:43. > :21:47.safeguarding, provisions for police to crack down on legalities, and
:21:48. > :21:50.breaches of the piece, all the while protecting the rights of trade union
:21:51. > :21:55.members to engage in peaceful picketing at the entrance to their
:21:56. > :21:59.workplaces. The measures are not only unnecessary but an affront to
:22:00. > :22:08.democracy. That is why the amendment would remove them from the bill
:22:09. > :22:17.altogether by deleting clause nine. The government introduced minor
:22:18. > :22:22.changes as a result of consultation. During the committee stage of the
:22:23. > :22:26.Bill, it resulted in the government deciding to reverse its position on
:22:27. > :22:30.plans to reduce tighter restrictions on union pickets, as proposed in its
:22:31. > :22:39.consultation over the summer, and granted minor amendments that
:22:40. > :22:47.loosens requirements on picking -- picket supervisors. It is
:22:48. > :22:51.extraordinary that more than 14 days was ever proposed, detailing how
:22:52. > :22:56.they plan to protest, and if they propose to use Twitter and Facebook
:22:57. > :23:00.accounts as part of their campaign. A ludicrous proposal. The government
:23:01. > :23:05.will also not introduce new and criminal offences on picket lines,
:23:06. > :23:10.no direct local authorities to use anti-social behavioural provisions
:23:11. > :23:12.against members participating in protests and pickets. These minor
:23:13. > :23:19.concessions don't go nearly far enough. The Bill contains many
:23:20. > :23:27.Draconian measures that violate Civil Liberties of trade unions and
:23:28. > :23:31.their members. It would restrict abilities on trade unions and their
:23:32. > :23:38.mothers to picket and protest peacefully, undermining civil
:23:39. > :23:41.liberties. I give way. I think it is actually quite regrettable that,
:23:42. > :23:51.having consulted opponents, the government have withdrawn
:23:52. > :23:55.proposals. Having gone away with that, the evidence from the Police
:23:56. > :23:59.Federation and the Association of Chief constables, and senior police
:24:00. > :24:04.officers, I should say, it is clear that this is legislation that even
:24:05. > :24:09.the police do not want. Indeed, they gave evidence at the committee stage
:24:10. > :24:14.of the Police Federation in particular to the fact that they did
:24:15. > :24:19.not want this. My honourable friend is quite right, satire is a powerful
:24:20. > :24:25.tool. Even when the government makes proposals that are beyond satire,
:24:26. > :24:29.apparently, he has done so with remarkable wildcats tweeting.
:24:30. > :24:33.Picketing would only be lawful if they appoint a picket supervisor and
:24:34. > :24:38.notify police of name and contact details for stop supervisors would
:24:39. > :24:42.be required to carry a letter of authorisation which must be shown on
:24:43. > :24:46.demand to employers, that is still the case. Supervisors would also be
:24:47. > :24:50.required, and it is astonishing to note this, they would still be
:24:51. > :25:02.required to wear armbands identifying themselves. Mr Deputy
:25:03. > :25:08.Speaker, the thought liberty would require a person in 2015 to wear and
:25:09. > :25:13.armband and carry a letter of authorisation at the behest of a
:25:14. > :25:20.state in order to exercise their rights does not seem right. I think
:25:21. > :25:26.that they were understating it. Any person, surely, with a feeling for
:25:27. > :25:30.freedom and liberty would feel uneasy at these provisions. They
:25:31. > :25:34.smack of an alien, political culture, to that which whatever our
:25:35. > :25:40.political differences in this place, we normally share a parties
:25:41. > :25:45.in this country. Why do trade unions engaged in a lawful trade dispute
:25:46. > :25:49.deserve to be singled out for what can only be described as an British
:25:50. > :25:54.treatment. I know that many right honourable member 's opposite will
:25:55. > :26:00.be encouraged by their wits to hold their noses and support clause nine
:26:01. > :26:04.in the party interest against their better instincts. But let me say, in
:26:05. > :26:06.terms of freedom and liberty, you can hold your nose all you like, but
:26:07. > :26:18.it still stinks. I thank you for giving way. Do you
:26:19. > :26:23.agree with me that what this bill creates, in effect, is two tears for
:26:24. > :26:26.Civil Liberties and civil rights in this country. One tear much higher
:26:27. > :26:32.in terms of restrictions for trade union members, and another tier for
:26:33. > :26:36.the rest of the population? She is absolutely right. Why is it
:26:37. > :26:39.only trade unions that are being singled out in this way? I think we
:26:40. > :26:45.explored some of the reasons why early on in our debate this
:26:46. > :26:52.afternoon. Mr Deputy big, I would now like to say is in thing about
:26:53. > :26:56.new clause one, which is in the name of the Honourable member for Glasgow
:26:57. > :27:00.South West and his colleagues, which is similar to a new clause which we
:27:01. > :27:05.tabled on the committee, new clause 12. It would insert a ban on the
:27:06. > :27:09.supply of agency workers during industrial action into the Trade
:27:10. > :27:13.Union Bill. Now, the Government we know is planning to remove the bill
:27:14. > :27:20.and agencies knowingly supplying agency workers to replace striking
:27:21. > :27:24.workers. During evidence, the head of policy and recruitment at the
:27:25. > :27:30.recruitment and employment Confederation, who has nearly 3500
:27:31. > :27:33.corporate members, said, we are not convinced of putting agencies and
:27:34. > :27:39.temperate workers into the middle of it difficult industrial workers in
:27:40. > :27:46.the great if agencies, work or their clients. And the professional body
:27:47. > :27:50.for human resources, with around 140,000 members, warned that the
:27:51. > :27:55.Government's plans to reform trade union laws are an outdated
:27:56. > :28:02.response. Given the challenges that employers face today.
:28:03. > :28:04.Thank you for giving way. In the dispute at Northampton Hospital,
:28:05. > :28:10.where the pathologists were locked out of the lab and the trust brought
:28:11. > :28:16.in agency workers at escalated risk to such an extent that samples were
:28:17. > :28:19.not able to be used for testing, therefore isn't it right that agency
:28:20. > :28:23.workers can make things far worse than better?
:28:24. > :28:28.They can make matters far worse. When you actually look at this
:28:29. > :28:32.proposal, alongside clause seven of the bill, it is clear that the
:28:33. > :28:38.introduction of the extended notice period is there to give the employer
:28:39. > :28:41.additional time to organise agency workers. To undermine any industrial
:28:42. > :28:45.action, as well as to be able to prepare for legal challenges. I
:28:46. > :28:51.think you have hit the nail on the head, this is bad for safety. It's
:28:52. > :28:54.bad for service users. It's bad because it could serve to prolong
:28:55. > :29:01.industrial action unnecessarily. It will be bad for the general public.
:29:02. > :29:04.And it will be bad, the members opposite or to care for this, it
:29:05. > :29:11.would be bad for social cohesion in this country. Presumably in the next
:29:12. > :29:17.step they will be getting the DWP sanctioning the unemployed for
:29:18. > :29:20.refusing to act as strikebreakers. Have you also considered that
:29:21. > :29:23.long-term, the resentment that will because in that business will also
:29:24. > :29:28.mean those actions will be for business?
:29:29. > :29:31.He's absolutely right. He knows well and members opposite ought to know
:29:32. > :29:36.that the festering resentment, as a result of this kind of approach to
:29:37. > :29:42.industrial relations, would last for many years. And in some communities
:29:43. > :29:46.would never be forgotten. Now, the TUC is firmly opposed the proposal
:29:47. > :29:54.which in their opinion would breach international law. The IRO has
:29:55. > :29:57.confirmed the hiring of workers to break a strike in what cannot be
:29:58. > :30:02.regarded as an essential sector in the strict sense of the term
:30:03. > :30:07.constitutes a serious violation of the freedom. New clause one would
:30:08. > :30:10.insert a ban on the supply of agency workers during strikes into the
:30:11. > :30:15.Trade Union Bill, and we would therefore be supporting it if it was
:30:16. > :30:22.pushed to division later on. I just want to say a few brief words, and
:30:23. > :30:30.in doing so, phone that I would also want to move for division amendment
:30:31. > :30:42.six. -- and in doing so confirmed. I just want to say a few brief words
:30:43. > :30:46.about amendment five, which would allow checks off where employers and
:30:47. > :30:51.unions agree that they wanted, provided that unions pay for that
:30:52. > :30:55.service. Now, I understand... I think I understand why the
:30:56. > :31:01.Honourable member for Stafford would table an amendment like this. It
:31:02. > :31:07.seems to me that it reflects some of the basic values. We may disagree
:31:08. > :31:11.about some of them, but many of the basic values but I thought were
:31:12. > :31:19.supposed to be in the DNA of his political party. Namely, that where
:31:20. > :31:25.one party is willing, by agreement, to provide a service to another
:31:26. > :31:27.party in exchange for payment, the state should not interfere. Unless
:31:28. > :31:36.it forms some kind of criminal or immoral activity. Now, check off, a
:31:37. > :31:41.voluntary agreement for an employer through its payroll to collect union
:31:42. > :31:46.subscriptions of trade union members who are its employees, is not,
:31:47. > :31:51.despite what the Government seems to think, a criminal or immoral
:31:52. > :31:58.activity. Why on earth would a Conservative government think it is
:31:59. > :32:03.right for the state to prescribe a voluntary agreement between an
:32:04. > :32:07.employer and an employee where there's a payment for that service?
:32:08. > :32:11.I completely understand why he's tabled his amendment. What's wrong
:32:12. > :32:16.with an employer, whatever sector they ring, as part of its attempts
:32:17. > :32:20.to maintain relations with its employees, voluntarily agreeing to
:32:21. > :32:25.help collect the trade union subscription in exchange for an
:32:26. > :32:28.administrative payment. How on earth is it the responsibility of
:32:29. > :32:36.government, particularly a Conservative government, to
:32:37. > :32:42.introduce a provision of this kind? You have anticipated the remarks I
:32:43. > :32:48.would have made, but would you also agree with me that actually, many
:32:49. > :32:52.employers in both private and public sector have expressed how convenient
:32:53. > :32:56.and positive and mutually beneficial this arrangement is, and that they
:32:57. > :33:00.don't see any downside to it whatsoever?
:33:01. > :33:10.He is clearly as baffled as I am as to why the Government are going down
:33:11. > :33:17.this road. It really is quite a quite extraordinary provision within
:33:18. > :33:23.the bill. Can anybody help me on the benches opposite, in what other
:33:24. > :33:29.sphere would be government legislated ban mutually beneficial
:33:30. > :33:33.transaction of this kind? I am waiting to be intervened upon. Who
:33:34. > :33:39.shall I choose on our side? I choose my neighbour first.
:33:40. > :33:44.Thank you for giving way. And also, the absurdity of this when they're
:33:45. > :33:49.rather many similar schemes in place, cycle to work or childcare.
:33:50. > :33:56.It seems extraordinarily discriminatory to be acting in this
:33:57. > :34:02.way. You're absolutely right. It gives
:34:03. > :34:05.further power to the point that I am making and the point at the
:34:06. > :34:09.Honourable gentleman is making by virtue of his arrangement.
:34:10. > :34:13.They differ giving way. Note that nobody on the Government's side can
:34:14. > :34:16.help you with your question. The only reason I could think of is
:34:17. > :34:28.possibly to try and destroy the trade union movement.
:34:29. > :34:32.Well, I'm quite shocked by that accusation from my honourable
:34:33. > :34:35.friend. But, actually, I serious point, there are many colleagues
:34:36. > :34:40.opposite in this house who are members of trade unions on the
:34:41. > :34:45.Conservative benches. It was not so long ago that trade unions, for
:34:46. > :34:49.example, my old union, the National Union of Teachers, used response
:34:50. > :34:55.Conservative members of Parliament back in the day. So, I'm going to
:34:56. > :34:59.give honourable members opposite some benefit of the doubt. I will
:35:00. > :35:03.actually believe for a moment that I don't think the majority of
:35:04. > :35:08.Conservative members opposite want to destroy the trade union
:35:09. > :35:12.movement, because I believe they are democrats and we live in a
:35:13. > :35:16.democratic society. But, what other conclusion could somebody looking at
:35:17. > :35:23.this proposal draw, other than it is there to inflict damage in and
:35:24. > :35:26.illiberal and inappropriate manner on voluntary trade union
:35:27. > :35:31.associations and their voluntary agreements with employers?
:35:32. > :35:35.I thank you, I know in a former life he was a teacher and is making a
:35:36. > :35:45.very good case for his point of view this afternoon. He's obviously a
:35:46. > :35:49.born-again libertarian. But isn't it the crux of his argument that it's
:35:50. > :35:55.for individuals with free information to make a decision as to
:35:56. > :35:58.whether they wish to make a contribution to a trade union? And
:35:59. > :36:07.therefore that is very much part of the spirit of this bill, rather than
:36:08. > :36:10.an element of compulsion. You were talking my language. I
:36:11. > :36:14.absolutely agree with that proposition. Have you read this
:36:15. > :36:21.cause? Do you understand what it actually means? What the Government
:36:22. > :36:25.is doing is banning any opportunity for an individual to enter into an
:36:26. > :36:29.agreement with an employer. And in even the employee from being able to
:36:30. > :36:37.enter an agreement with its workforce of this kind. And even in
:36:38. > :36:41.exchange for ready money. Even when the emperor leaves are paying for
:36:42. > :36:45.that service. They're not giving it away, according to this member, even
:36:46. > :36:53.where it's being paid for. I think I would suggest to the honourable
:36:54. > :36:58.gentleman that I was trying to tease a reaction out of him and I got one,
:36:59. > :37:02.all I would say is have a closer look at what his government is
:37:03. > :37:07.actually doing and what he's actually voting for. A majority may
:37:08. > :37:12.be its own repartee, as Disraeli said, but I don't think Disraeli
:37:13. > :37:16.thought this fitted in with the principles of a 1 nation
:37:17. > :37:21.Conservative Party. Our give way to the honourable gentleman.
:37:22. > :37:28.I am grateful for the honourable gentleman for giving way. He may
:37:29. > :37:32.recall that similar predictions of the death of the trade union
:37:33. > :37:36.movement, and I'm a huge fan and supporter of the trade union
:37:37. > :37:40.movement on this side of the House, where the death of the trade union
:37:41. > :37:47.movement was predicted in earlier legislation. If you think about the
:37:48. > :37:51.early 1980s. The trade unions came through, blossomed and survived. Why
:37:52. > :37:54.do you think that this is the death of the trade unions, when in 13
:37:55. > :37:59.years of Labour government there was no previous legislation?
:38:00. > :38:06.I'm glad that trade unions strongly supported. I would say is this. He
:38:07. > :38:10.should read this particular amendment and he should look at the
:38:11. > :38:17.particular amendment of his honourable friend, which is seeking
:38:18. > :38:23.to, if you like, tease out the fact that this particular part of the
:38:24. > :38:28.bill is particularly illiberal. Our give way, because the honourable
:38:29. > :38:37.gentleman no doubt... He's paid by the word, usually. He's worth it!
:38:38. > :38:42.I can tell the honourable gentleman I have looked at the amendment. In
:38:43. > :38:45.support of my friend from Peterborough who made the point that
:38:46. > :38:50.an individual may want a contract with his employer, this talks about
:38:51. > :38:53.the trade union contracting on behalf of employers, which is a
:38:54. > :38:57.rather different point. He doesn't understand trade unions
:38:58. > :39:01.are democratic organisations. They do things and behalf of their
:39:02. > :39:06.members because they are elected and chosen to do so as voluntary
:39:07. > :39:11.organisations. There is no attack on the individual and I think, and
:39:12. > :39:16.usually for him, his intervention is: Specious.
:39:17. > :39:21.I wonder if my right honourable friend members the promise of a
:39:22. > :39:25.bonfire of red tape. Does he believe that this is less or greater
:39:26. > :39:34.bureaucratically for employers and trade unions?
:39:35. > :39:39.Well, I think the one regulation in and out, so-called rule, but his
:39:40. > :39:44.department has is not being followed in the case of trade unions.
:39:45. > :39:48.Clearly, regulation trade unions is not considered to be regulation at
:39:49. > :39:53.all in relation to this. It is an extraordinary of regulation.
:39:54. > :40:01.I thank my honourable friend for giving way. Does he agree that his
:40:02. > :40:07.end to move... Move to end check off that like the ban is likely to
:40:08. > :40:11.extend to other schemes. Yes, I do agree. Other members have
:40:12. > :40:16.made that point. She is absolutely right to emphasise it. Our give way
:40:17. > :40:21.one last time, then I will try to conclude.
:40:22. > :40:26.I'm grateful. The intervention from the Honourable member opposite, she
:40:27. > :40:30.really give the way how the Conservatives are prepared to
:40:31. > :40:35.downplay pinhead in order to support this piece of legislation. To
:40:36. > :40:40.suggest that an employer would be better off to individually contract
:40:41. > :40:45.with each individual employee in order to collect their union fees,
:40:46. > :40:49.rather than to do it collectively through the trade unions is
:40:50. > :41:00.completely crazy. The honourable gentleman referred to
:41:01. > :41:02.our Catholic backgrounds and is referring to Saint Thomas Aquinas
:41:03. > :41:09.when he talks about dancing on a pinhead. He perhaps did not know
:41:10. > :41:15.that he was, possibly! 'S theological education was
:41:16. > :41:21.obviously... Missing something... But he said dancing on the head of a
:41:22. > :41:26.pinhead to try to justify an unjustifiable provision within this
:41:27. > :41:29.bill. I will simply say this. Given that no honourable member opposite
:41:30. > :41:34.can understand why you would want to ban the simple mutually beneficial
:41:35. > :41:39.voluntary transaction of this kind which involves the payment of a
:41:40. > :41:41.service from one party and its representatives to another I would
:41:42. > :41:47.simply say that I congratulate the honourable gentleman. And on his
:41:48. > :41:53.amendment. Because in its basic decency it has unmasked a
:41:54. > :42:01.fundamental liberalism at the heart of this bill. I will give away.
:42:02. > :42:04.Thank you. Many of the arrangements are also contractual so removing
:42:05. > :42:10.them will cost the employer significant amounts, estimated at ?6
:42:11. > :42:15.million, I understand. So much for the party of business, imposing
:42:16. > :42:19.costs in this manner against businesses who have entered into
:42:20. > :42:21.these voluntary agreements! I congratulate the honourable
:42:22. > :42:29.gentleman for his amendment. In its basic decency and has an masked a
:42:30. > :42:37.fundamental illiberalism in the bill. It is thoughtful rather like
:42:38. > :42:43.the honourable gentleman himself. The question is that amendment six
:42:44. > :42:46.be made. Thank you Mr W speaker, the Trade Union Bill was my first
:42:47. > :42:50.experience of a public Bill committee. Sessions were lively and
:42:51. > :42:55.often educational like the previous speech we've just heard. Especially
:42:56. > :43:00.the bit about Saint Thomas Aquinas, greatly enjoyed on all sides of the
:43:01. > :43:07.House. As a former public sector worker 17 years I know what it is to
:43:08. > :43:12.cross a picket line. I enjoyed questioning union greats, including
:43:13. > :43:18.Len McCluskey. Today, those on this side of the house have been called
:43:19. > :43:23.Dickensian, Stalinist, Draconian yet many of us believe firmly that trade
:43:24. > :43:27.unions are valuable institutions in British society. It is vital that
:43:28. > :43:33.the repairs and accurately the views of their members. This bill aims to
:43:34. > :43:39.ensure that hard-working people are not disrupted by and supported
:43:40. > :43:42.strike action. But it is the human rights considerations in the Bill
:43:43. > :43:46.which have been of particular interest to me, the rights of
:43:47. > :43:52.workers to make their voices heard of course important, and striking is
:43:53. > :43:59.recognise that it is part of the recognise that it is part of the
:44:00. > :44:04.armoury of trade union law. Article 11 of the convention on human
:44:05. > :44:06.human rights provides everyone the human rights provides everyone the
:44:07. > :44:13.right to peaceful assembly and freedom of association with others
:44:14. > :44:18.including the right to form and join trade unions for the protection of
:44:19. > :44:21.the interests. It is however important to recognise that Article
:44:22. > :44:26.11 is a qualified right, proportionate restrictions on its
:44:27. > :44:30.exercise... Thank you for giving way. Does the honourable lady comic
:44:31. > :44:38.is she aware of the letter that the Prime Minister sent to ministers
:44:39. > :44:44.just days ago, with regards to the change, sneaking another letter out,
:44:45. > :44:48.change informing ministers that they can now ignore international law,
:44:49. > :44:56.does not have anything to do with this issue? I am not aware of that
:44:57. > :45:00.matter. I am aware that there is a debate on this issue. What I'm
:45:01. > :45:05.talking about is the European Convention. There is no proposal
:45:06. > :45:08.from this side of the house to derogate from the European
:45:09. > :45:12.Convention at any time in the future as far as I am away. I think the
:45:13. > :45:17.honourable lady forgiving way. She talks greatly about human rights and
:45:18. > :45:21.the European convention. And she helped me and tell me where in
:45:22. > :45:28.Article 11 it talks about armbands and letters of authority? I would
:45:29. > :45:35.like, with your leave Mr Deputy Speaker, to come onto armbands.
:45:36. > :45:38.Article 11 allows for proportional restrictions, I'm referring to
:45:39. > :45:43.Article 11 two, which states that, can I read it? No restrictions shall
:45:44. > :45:50.be placed in the exercise of these rights other than such a prescribed
:45:51. > :45:54.by law and necessary in a democratic society. The European Court of Human
:45:55. > :45:59.Rights has repeatedly acknowledged that it is legitimate for the
:46:00. > :46:03.government to impose conditions on the right to strike, where there is
:46:04. > :46:07.evidence that that is justified. As recently as last you, the European
:46:08. > :46:12.Court of Human Rights acknowledges that it is legitimate for the UK
:46:13. > :46:17.Government to legislate to impose conditions on Article 11. Let me
:46:18. > :46:21.finish my point, if I may. The court has also acknowledged that the
:46:22. > :46:26.government has a wide margin of appreciation in deciding how to
:46:27. > :46:30.legislate. In particular clause nine, as we've heard, introduces a
:46:31. > :46:33.set of requirements on the supervision of picketing following
:46:34. > :46:37.sensible concessions that were made by the minister following the
:46:38. > :46:41.consultation period. The picket supervisor will need to wear a
:46:42. > :46:49.badge, and armband, or other item, to ensure that they are easy to
:46:50. > :46:53.identify. This is hardly onerous. I will give way to the honourable
:46:54. > :46:58.lady. I am grateful to the honourable lady forgiving way. She's
:46:59. > :47:09.referred to Article 11 .2, which sets out the articles that state
:47:10. > :47:13.whereby that prevention of association may happen. We have
:47:14. > :47:18.heard about is the temporary inconvenience that strikes cause and
:47:19. > :47:23.that is not listed in this article. I do not believe that the wearing of
:47:24. > :47:27.a badge or an armband is owner is in the way that the honourable lady
:47:28. > :47:32.suggests. It is something that unions widely do already as part of
:47:33. > :47:36.the code on picketing. That code says that everyone should wear an
:47:37. > :47:45.armband. I am somewhat bemused by this stage of the argument. And the
:47:46. > :47:51.briefs provided by Amnesty and Liberty on this. Both these
:47:52. > :47:54.organisations are excellent human rights organisations that undertake
:47:55. > :47:58.extremely important work across the world dealing with executions and
:47:59. > :48:02.torture is. Yet for them, the wearing of an armband by one person
:48:03. > :48:06.said that they are identifiable during a strike presents a big
:48:07. > :48:11.issue. I just don't agree with theirs. We are not asking everyone
:48:12. > :48:16.taking part in a strike to wear an armband. We simply asking for the
:48:17. > :48:22.organiser of a particular event to wear one, to identify themselves. I
:48:23. > :48:25.will finish, if I may. That seems to me to be an entirely reasonable, and
:48:26. > :48:34.more importantly, proportionate measure. There is clear public
:48:35. > :48:37.interest in ensuring that trade unions take responsibility for the
:48:38. > :48:42.conduct of the bigots they organise. It is fair that the rights of those
:48:43. > :48:47.belonging to unions are balanced with the rights of hard-working
:48:48. > :48:55.taxpayers, including those in my constituency, who rely on key public
:48:56. > :49:01.services. Doctor Lisa Cameron. Thanks, Mr Deputy Speaker. I declare
:49:02. > :49:07.an interest as a member of the union and prior union representative for
:49:08. > :49:17.14 years. I wish to speak of clauses one, three, and four, and amendments
:49:18. > :49:24.27, 28, 37, 35, 26, 24, 2311, 36, and 35, in my name and that of my
:49:25. > :49:28.honourable friends. These amendments cover a variety of areas in the
:49:29. > :49:34.build-up pose difficulties for public sector workers. The SNP will
:49:35. > :49:40.focus on the new clauses on agency workers and political funds. New
:49:41. > :49:46.clause one attempts to retain the ban on agency workers during strikes
:49:47. > :49:50.within primary legislation. In the UK legislation banning the use of
:49:51. > :49:55.agency workers to break strikes has been in place since 1973. The
:49:56. > :50:00.position is in line with the majority of other European countries
:50:01. > :50:02.which also prohibit or severely restrict the use of agency workers
:50:03. > :50:09.during industrial disputes. Removing the span would have significant
:50:10. > :50:13.implications for all workers. Public opinion polls also indicate that
:50:14. > :50:18.changes of this nature are not supported by the majority of the
:50:19. > :50:21.general public. As such, the SNP support the adoption of the new
:50:22. > :50:28.proposed clause one, which aims to retain the ban on the use of agency
:50:29. > :50:31.workers during strikes within a primary legislation. Although the
:50:32. > :50:34.bill does not specifically include provisions for the stability of the
:50:35. > :50:38.government have been consulting on draft legislation which would allow
:50:39. > :50:41.this. Therefore adoption of this proposal would be a fail-safe
:50:42. > :50:47.against this occurring in the future. I will give way. I thank my
:50:48. > :50:51.honourable friend for giving way. Does she agree that part of the
:50:52. > :50:55.difficulty with this is that the penalties at this moment for an
:50:56. > :50:59.employer hiring agency workers to break strikes is very weak, and this
:51:00. > :51:06.is why we need primary legislation to be put in place to stop this
:51:07. > :51:11.practice. I do agree with that as I stated. And I think it's extremely
:51:12. > :51:15.important also in terms of safety and it's also a safety concern to
:51:16. > :51:22.the public, as I will come to discuss. Repealing the existent
:51:23. > :51:24.probation on hiring agency staff to replace workers taking part in
:51:25. > :51:28.industrial action undermines the right to strike. It reduces the
:51:29. > :51:33.impact of strike action and upsets the power balance between workers
:51:34. > :51:37.and employers. It is also argued that in terms of dispute
:51:38. > :51:43.resolution, it is relatively ineffective. As it serves only to
:51:44. > :51:47.prolong the dispute, delay resolution and embittered industrial
:51:48. > :51:51.relations. At a time when we are trying to encourage the living wage,
:51:52. > :51:54.it is also likely that this will drag down pay and working conditions
:51:55. > :52:00.for workers right across the country. It could have adverse
:52:01. > :52:05.implications for the agency workers themselves, is that places them in a
:52:06. > :52:09.stressful environment. Introducing inexperienced workers to take on the
:52:10. > :52:13.role of the permanent workforce, in a workplace that are not familiar
:52:14. > :52:19.with, also has significant implications for health and safety
:52:20. > :52:26.and quality of services. This would impact both upon those workers and
:52:27. > :52:32.also for the public at large, who may utilise these services. These
:52:33. > :52:36.appear to be matters of medical concern to the public. With a recent
:52:37. > :52:43.YouGov opinion poll finding that, of those surveyed, six to 5% were
:52:44. > :52:46.against bringing in temporary agency workers to break public sector
:52:47. > :52:51.strikes. With more than half saying they thought this would worsen
:52:52. > :52:57.services and have a negative impact upon safety. Only 8% indicated that
:52:58. > :53:02.they believed that hiring agency workers during strikes would improve
:53:03. > :53:07.services. Unlike the UK Government, the SNP believe in a modern,
:53:08. > :53:12.progressive approach to industrial relations, and to trade unionism,
:53:13. > :53:16.which is at the very heart of being able to achieve their work. We
:53:17. > :53:22.recognise that no one wants strikes but the way to avoid them is not to
:53:23. > :53:26.provoke confrontation by legislation, by legislating them out
:53:27. > :53:31.of existence. The right way is to pursue a relationship in partnership
:53:32. > :53:39.with both workers and employers, based on respect and cooperation.
:53:40. > :53:43.Will my honourable friend give way? I will indeed. Would it not be
:53:44. > :53:46.better for this government to value the work of public sector workers in
:53:47. > :53:52.particular rather than undermining what they do by bringing in agency
:53:53. > :53:56.workers to break strikes? Indeed I agree with the statement my
:53:57. > :54:00.honourable friend has made. I would say that workers who feel valued are
:54:01. > :54:07.more likely to increase productivity and to boost the economy. New clause
:54:08. > :54:09.three would provide that before the government could introduce a bill
:54:10. > :54:14.that would affect trade union political funds, they must first
:54:15. > :54:18.publish a statement specifying whether the bill was being
:54:19. > :54:21.introduced with or without agreement of all political parties represented
:54:22. > :54:26.within the House of Commons. The aim is to encourage the government to
:54:27. > :54:31.seek political consensus with other political parties before introducing
:54:32. > :54:36.legislation that interferes with a union's ability to engage
:54:37. > :54:40.politically. Unions which wish to contribute to political parties or
:54:41. > :54:47.engage in certain political activities as defined by section 72
:54:48. > :54:51.in 1992 must establish a political fund. Before doing this unions are
:54:52. > :54:55.legally required to ballot their members to ask whether they agree to
:54:56. > :55:01.the union maintaining a political fund through a political fund
:55:02. > :55:05.resolution. Torsten would restrict union's rights to freedom of
:55:06. > :55:10.association and ability to engage in political debates. These provisions
:55:11. > :55:14.will also place huge administrative burdens on unions and may reduce the
:55:15. > :55:18.level of contributions raised. As has been the case in Northern
:55:19. > :55:22.Ireland. Currently union members have the right to opt out of these
:55:23. > :55:28.restrictions being used for political fund purposes. They are
:55:29. > :55:33.not required to read new option, the proposals set out in clause ten also
:55:34. > :55:37.exceed duties which apply to companies making political
:55:38. > :55:39.donations. It is widely known that opt-in the process is widely known
:55:40. > :55:47.that opt-in the processes reduce participation. Amendment 20 76 to
:55:48. > :55:51.remove clause ten from the bill completely, -- Amendment 27. It will
:55:52. > :55:57.undermine freedom of association. Amendment one from Douglas Carswell,
:55:58. > :56:00.the Ukip MP would give the members the right to direct the union to
:56:01. > :56:04.make two nations directly to a blood or party of their choice rather than
:56:05. > :56:11.contributing to the union political fund. We oppose this amendment as it
:56:12. > :56:15.is simply a conduit to act for political to nations. All donations
:56:16. > :56:18.have the right to decide to donate to a party of their choice. Unions
:56:19. > :56:24.cannot be required by law to associate with any political parties
:56:25. > :56:32.whose values are not consistent with those of the union. I will give way.
:56:33. > :56:46.Depending on which union your ring, the point of political forms, the
:56:47. > :56:53.legislation doesn't even take into... The legislation doesn't
:56:54. > :56:57.recognise them. My right honourable friend makes an
:56:58. > :57:03.excellent point and I would also state, in addition to that, that we
:57:04. > :57:08.heard a number of testimonies during the Bill committee to state the good
:57:09. > :57:15.work that unions also contribute in terms of political donations to
:57:16. > :57:19.campaigns. Amendments 11, 12, 13 attempts to limit the ability of
:57:20. > :57:25.ministers to use their powers in the bill. Because the powers are in
:57:26. > :57:29.breach of treaty obligations by stating powers cannot be used unless
:57:30. > :57:34.they are compatible with treaty obligations, those allowing and of
:57:35. > :57:36.the council of Europe and the ILO. -- those are compatible with treaty
:57:37. > :57:39.obligations, those allowing and of the council of Europe and the ILO.
:57:40. > :57:42.-- those arising under the council of Europe. It will reduce the
:57:43. > :57:46.capacity of trade unions to resolve disputes in the workplace before
:57:47. > :57:50.they escalate. According to the TUC, there is a risk that the proposal
:57:51. > :57:55.for a cab would conflict with union law which protects the rights of
:57:56. > :58:01.health and safety wraps to be paid time off for their duties and
:58:02. > :58:09.training. -- health and safety representatives. Even under general
:58:10. > :58:12.information and consultation arrangements covered by the
:58:13. > :58:20.information and consultation of employees regulations. Amendment 35
:58:21. > :58:25.and 36 attempts to limit the ability of ministers to use their powers in
:58:26. > :58:28.the bill, because the powers are in breach of treaty obligations by
:58:29. > :58:32.stating that they cannot be used unless they are compatible with
:58:33. > :58:38.treaty obligations, those arising under council of Europe and I are
:58:39. > :58:43.low. Clause 14 will prevent all public union employers from
:58:44. > :58:49.conscripting to payroll. This will make it harder for paid workers to
:58:50. > :58:53.access union representation in the workplace. The TUC is also concerned
:58:54. > :58:57.that clause 14 will only apply to trade unions and not staff
:58:58. > :59:00.associations. This just the Government works to make it harder
:59:01. > :59:06.to join trade unions and access the benefits of trade union membership.
:59:07. > :59:10.Including a effective representation in the workplace, and specialist
:59:11. > :59:15.advice on employment rights, health and safety, and other work-related
:59:16. > :59:19.issues. Under clause 14, the Government will be able to introduce
:59:20. > :59:25.regulations including a ban on check off arrangements, across the entire
:59:26. > :59:28.public sector. The plans in particular to oppose changes to
:59:29. > :59:33.collective agreements voluntarily agreed by employers and unions do
:59:34. > :59:36.not comply with ILO standards. The Minister made it clear that during
:59:37. > :59:41.evidence sessions that the Scottish Government does not support the
:59:42. > :59:47.proposed ban on check off arrangements. And in recent weeks,
:59:48. > :59:51.more than 50 local authorities, NHS, employers and employer
:59:52. > :59:54.organisations have criticised the Government's plans to ban the check
:59:55. > :00:01.off arrangements in the public sector. The Government claims this
:00:02. > :00:05.would save taxpayers to ?6 million. However, many unions already cover
:00:06. > :00:14.the costs for check off services as has been discussed. In some cases,
:00:15. > :00:16.fees paid to generate a net income. The other issue raised was a great
:00:17. > :00:24.concern that we hold challenges to the Government who actually close
:00:25. > :00:30.the public purse. Amendment five would provide that a ban on check of
:00:31. > :00:33.arrangements would not apply in public sector workplaces where the
:00:34. > :00:39.employer and where relevant unions have agreed. We support this
:00:40. > :00:44.amendment. In concluding, this is about people, their lives, their pay
:00:45. > :00:48.and their conditions. It's about their safety in the workplace. It
:00:49. > :00:52.deserves to be paid the utmost respect by all sides of this
:00:53. > :01:02.chamber. Point of order. Just to place on
:01:03. > :01:09.record, I am a member of Unite union and the National union of mining
:01:10. > :01:13.workers, just for The Record. We are extremely grateful. It falls
:01:14. > :01:21.to each member to declare his or her interests as that member sees fit.
:01:22. > :01:30.I'm very grateful. 24 rounding matters off in that way. Deeply
:01:31. > :01:36.obliged. I rise to speak to amendments number
:01:37. > :01:43.five in my name and my honourable friend for Stevenage, how to price
:01:44. > :01:48.and Howden. I do so with a heavy price. If you look at clause 14, to
:01:49. > :01:54.which a amendment five relates, you'll see that it is entitled
:01:55. > :02:00.Prohibition On A Deduction Of Union Conscription Is From Wages In Public
:02:01. > :02:04.Sector. As a conservative, I am not greatly in favour of prohibition of
:02:05. > :02:08.many things, certainly not of this. Added to the fact that this clause
:02:09. > :02:13.was not in the second reading, and therefore we did not have a debate
:02:14. > :02:17.on it in the second reading, iron disappointed that it's been brought
:02:18. > :02:22.forward. But because it has been brought forward, I wish to speak and
:02:23. > :02:27.amend my amendment. One thing we have to bear in mind, when you
:02:28. > :02:31.introduce a prohibition, is what the penalties? Let's say that a union
:02:32. > :02:36.and an employer decides that this kind of arrangement is so important,
:02:37. > :02:40.and it's so difficult to unwind, that they're not prepared to do so.
:02:41. > :02:46.And they go on doing so. What will happen to them? Are the police going
:02:47. > :02:50.to... Will they get a fine, the employer and union? If you have a
:02:51. > :02:54.prohibition you must have some way of enforcing it. In my view, there
:02:55. > :02:59.is no sensible way of enforcing this kind of prohibition on what is a
:03:00. > :03:06.relatively, in my view, sensible arrangement between an employer and
:03:07. > :03:10.union. The agreements... This is an agreement, let's be clear. We are
:03:11. > :03:14.talking about an agreement between an employer and a union. We're not
:03:15. > :03:19.talking about something imposed upon an employer or a union. It's a
:03:20. > :03:21.partnership. In my view it's something generally positive and
:03:22. > :03:26.enables people to work together, which is surely what all of us are
:03:27. > :03:34.here to encourage. Nobody's required to do this. And if my amendment were
:03:35. > :03:38.to be accepted by the Government at some point, then the cost would be
:03:39. > :03:47.be invest. It would be required to be reimbursed. -- the cost would be
:03:48. > :03:53.reimbursed. Including my own county of Staffordshire where there is a
:03:54. > :03:56.good union. I have supported the amendment
:03:57. > :04:00.because my understanding is that local authorities and such
:04:01. > :04:03.organisations would be able to charge a commercial rate to recover
:04:04. > :04:09.those costs. Yes, and they do. I understand, as I
:04:10. > :04:14.mentioned earlier, that in some cases I believe they make a surplus
:04:15. > :04:23.from it which goes towards assisting with the council's services or
:04:24. > :04:27.whatever public service it is. It's also something which singled out
:04:28. > :04:32.union subscriptions. There is no prohibition on other deductions for
:04:33. > :04:39.which there may not be compensation to the employer, like has been
:04:40. > :04:42.mentioned on season tickets or professional fees. I would, with
:04:43. > :04:47.your permission, point out that even on my payslip, as a member of
:04:48. > :04:59.payslip, the top deduction every month is a member's fund of ?2. That
:05:00. > :05:04.is a deduction, unless it is a member of Parliament. But I do think
:05:05. > :05:08.it is. I think other people have made the case much more eloquently
:05:09. > :05:21.than I have. I didn't want to detain the House.
:05:22. > :05:26.He is making a detailed case. Given what he just said, if the Minister
:05:27. > :05:30.is unwilling to accept this amendment, does he think we ought to
:05:31. > :05:39.be testing the view on and this evening?
:05:40. > :05:42.There are other places in which this can happen, but I would encourage
:05:43. > :05:47.this to be taken forward because I don't want to see this clause
:05:48. > :05:54.unamended in an act of Parliament signed by Her Majesty. I would just
:05:55. > :05:57.like to quote somebody who I greatly admire. In most parts of the world,
:05:58. > :06:04.the suggestion that someone might be both conservative and 's liberal is
:06:05. > :06:11.viewed as absurd. In the UK there is no finer or more established custom
:06:12. > :06:18.than that of freedom and of the law. That's why an Anglo-Saxon country's
:06:19. > :06:21.conservatism is freedom's Dowty defender and a white conservatism is
:06:22. > :06:26.given its moral purpose. Those are the words of my friends the Right
:06:27. > :06:32.honourable member for Grantham and I entirely agree with him.
:06:33. > :06:35.I thank you for giving way. There are echoes of this speech. Do you
:06:36. > :06:40.agree with me that there are echoes of this speech of the lobbying act
:06:41. > :06:44.where charities were almost prescribed for doing what they
:06:45. > :06:49.believe was the right thing to do? Not only echoes from the attempt to
:06:50. > :06:54.change or alter the Human Rights Act as well. It feels like there's a
:06:55. > :06:58.creepy sense of authoritarianism, which I don't believe members here
:06:59. > :07:03.agree with. It feels creepy. I'm not sure I highly agree with
:07:04. > :07:08.you, although I respect you. I think the legislation he referred to was
:07:09. > :07:12.passed in a previous Parliament and I would be interested to see whether
:07:13. > :07:16.the chilling effect, which was so often stated, it would have on the
:07:17. > :07:20.general election campaign in 2015. Whether that have happened or not,
:07:21. > :07:25.we ought to have a review of that piece of legislation. I think that's
:07:26. > :07:28.very important. As far as the Human Rights Act is concerned I have made
:07:29. > :07:32.my views clear that we ought to remain a member of the European
:07:33. > :07:43.Convention on Human Rights and I hold for that. -- hold to that. But,
:07:44. > :07:50.I would just urge the Minister to have another look at this and to
:07:51. > :07:54.come forward with some proposals to allow people who want to work
:07:55. > :08:05.together in this sort of format paying the right costs to do so.
:08:06. > :08:12.I would have selected a clone interest as a proud member of the
:08:13. > :08:15.community union. You can imagine the strength of feeling in my
:08:16. > :08:18.constituency and the amount of correspondence I am receiving in
:08:19. > :08:24.opposition to this unjust and vindictive bill. What is needed now
:08:25. > :08:27.is a cultural change in Britain's industrial revelation. They move
:08:28. > :08:30.away from the Punch and Judy style that has evolved, thanks to
:08:31. > :08:35.legislation such as that we are discussing today. There is an urgent
:08:36. > :08:37.need to move, for example, to what is an urgent need to move, for
:08:38. > :08:42.example, to what's more collective bargaining, which would have a
:08:43. > :08:46.direct and positive impact on productivity, something that this
:08:47. > :08:50.government claims to be campaigning for passionately. Regrettably, this
:08:51. > :08:53.bill will neither change the culture or increase productivity. It will
:08:54. > :09:01.instead lead to the entrenching of the them versus our sculpture, which
:09:02. > :09:07.is bad for workers, tied for -- bad for everyone. I would like to draw
:09:08. > :09:12.the House's attention to the sections in this bill that deal with
:09:13. > :09:15.picketing. The fact is that the honourable members opposite have
:09:16. > :09:20.failed completely to demonstrate why the picketing provisions in this
:09:21. > :09:26.bill are necessary or justified. The Government's only regulatory policy
:09:27. > :09:30.committee concluded that the impact of picketing restrictions was not
:09:31. > :09:35.fit for purpose and that no full impact assessment of the bill has
:09:36. > :09:38.been published. Under these new provisions, trade union pickets will
:09:39. > :09:43.be subject to levels of police scrutiny and control that go far
:09:44. > :09:48.beyond what is fair or necessary. These changes in the bill will also,
:09:49. > :09:53.most importantly, be a waste of police time. This was an issue
:09:54. > :09:59.raised by the national police Chief Counsel and the Police Federation in
:10:00. > :10:03.all evidence to the bill committee. Steve White from the federation
:10:04. > :10:06.said, we are finding it extremely challenging to cope with day to day
:10:07. > :10:12.policing with the current resource levels. The likelihood is that they
:10:13. > :10:18.are going to be squeezed even more if there is an increased requirement
:10:19. > :10:21.for police involvement around policing industrial dispute, that
:10:22. > :10:26.would become even more challenging. I understand that the party opposite
:10:27. > :10:36.our friends and supporters of the police. I hope they will listen
:10:37. > :10:43.carefully. I thank my honourable friend. In a
:10:44. > :10:47.world where we have senior police officers warning that neighbourhood
:10:48. > :10:53.policing in a threat, is it right that we use the police force
:10:54. > :10:54.resources in this way to further affect the Civil Liberties of trade
:10:55. > :11:04.unions and their members? I agree with my honourable friend.
:11:05. > :11:08.We are a lock from the benches opposite about smart government,
:11:09. > :11:13.using the resources in the way they should be used. Does anyone in this
:11:14. > :11:18.House believe that using police resources on this matter is a good
:11:19. > :11:23.use of those stretched resources? I think not. Mr Speaker, the digital
:11:24. > :11:28.age has bought a revolution in the world of work. Which on the one hand
:11:29. > :11:32.has thrown up several questions yet at the centre offers employers,
:11:33. > :11:36.trade unions and government alike once in a generation opportunity to
:11:37. > :11:42.work in partnership. A chance to shape a framework that provides a
:11:43. > :11:47.blend of flexibility and security that this new reality requires. If
:11:48. > :11:51.all parties were to seize this opportunity we could potentially see
:11:52. > :11:56.the green shoots of a 21st century industrial relations culture which
:11:57. > :12:01.would in turn enable the development of a labour market that is fit for
:12:02. > :12:06.purpose and resilient in this new age. Let's not waste that
:12:07. > :12:13.opportunity with an adversarial, counter-productive piece of
:12:14. > :12:15.legislation like this Bill. Just before I call the honourable
:12:16. > :12:23.gentleman I would say to him that I would like the Minister to be called
:12:24. > :12:28.at close to 5:50pm so the honourable gentleman has three or four minutes.
:12:29. > :12:35.Thank you. I would like to speak about the new clause four Amendment
:12:36. > :12:44.one. Given the Labour opposition's comments I am surprised that it's
:12:45. > :12:48.only the NSP... Concerning the role of the certification Officer. Having
:12:49. > :12:50.visited the certification Officer as a Shadow Business Minister
:12:51. > :12:54.everything I saw their shattered that this is a toothless regulator
:12:55. > :13:00.crying out for reform and support the government 's attempts to this.
:13:01. > :13:04.As regard the new close for I do not support the idea that the
:13:05. > :13:09.Commissioner needs expertise in trade union law although some of his
:13:10. > :13:13.staff will need to be experts as much as others will need general
:13:14. > :13:17.legal or accounting skills. It is also ironic to hear that a specific
:13:18. > :13:21.legal qualification should be required when we know the last
:13:22. > :13:28.Labour government excluded unions and one act. The member's
:13:29. > :13:33.requirement of an officer may fulfil the SNP's political mandate but in
:13:34. > :13:36.my opinion it would not be helpful to Scottish and other British
:13:37. > :13:41.businesses who wish to see a single regulator dealing with unions
:13:42. > :13:46.equally. Given the wide political and practical debates involved in
:13:47. > :13:51.the union's political funds I think it is surprising that it has been
:13:52. > :13:53.left to the honourable member for Clacton to initiate a debate on this
:13:54. > :14:01.issue which he does to Amendment one. To suddenly political fund
:14:02. > :14:06.trade unions must first ballot their members to adopt the union objective
:14:07. > :14:11.and then trade unions can only support with money from their own
:14:12. > :14:14.funds. The fans may be spent on union objectives which are not
:14:15. > :14:19.political. -- the funds. The problem we have, I feel the Amendment
:14:20. > :14:24.doesn't work because under the terms of the bill there is an opt- in
:14:25. > :14:29.option which is not necessary. I believe there's a further connected
:14:30. > :14:33.issue. I would ask this. I right in thinking that failing to opt into
:14:34. > :14:38.the levy will not necessarily mean that a member's overall contribution
:14:39. > :14:44.will be reduced by the amount of the political contribution? If I'm
:14:45. > :14:48.right, should we not be doing this? Furthermore, given that statute
:14:49. > :14:52.dictates that companies require an animal vote on political donations,
:14:53. > :14:56.why shouldn't the level of political levy be voted on and Willie by the
:14:57. > :15:03.trade union members, perhaps this could be addressed? To wind up the
:15:04. > :15:11.debate I call the Minister, Mr Nicholas Edward College Bowls! Thank
:15:12. > :15:15.you, I rise to move government amendments to, three, 3Com and
:15:16. > :15:19.resist the clause is moved by members of opposition parties. This
:15:20. > :15:22.government recognises picketing as a lawful activity when conducted
:15:23. > :15:26.peacefully. We believe that exercising the right to freedom of
:15:27. > :15:30.expression by some should not impact on others's right to disagree with
:15:31. > :15:34.that view. The main requirement in the bill is a statutory duty for the
:15:35. > :15:37.union to supervise picketing irritable about appointing a
:15:38. > :15:42.picketing supervisor. The supervisor must either attend the bigot or be
:15:43. > :15:45.readily contactable by the union and police and be able to attend at
:15:46. > :15:48.short notice to make sure that picketing is lawful. As you may
:15:49. > :15:53.recall, none of the measures in clause nine are new. They reflect
:15:54. > :16:03.key aspects of the picketing code which has been in existence since
:16:04. > :16:06.1992, which most unions are happy to comply with in almost all cases, and
:16:07. > :16:08.from which we have had no suggestions of amendment from the
:16:09. > :16:10.opposition or indeed any proposals to do so when they were in
:16:11. > :16:17.government for 13 years during that time. Government amendment number
:16:18. > :16:20.two deals with the requirement in clause nine as currently drafted for
:16:21. > :16:24.the union to issue a letter of authorisation. I've listened very
:16:25. > :16:28.carefully to the different views expressed about this requirement.
:16:29. > :16:32.It's clear there has been confusion about the purpose of the letter of
:16:33. > :16:35.authorisation. Its content with regard to the picket supervisor and
:16:36. > :16:40.the entitlement. I would like to state for the record that there has
:16:41. > :16:44.never been any intention of the personal details of the supervisor
:16:45. > :16:47.to be set out in the letter of authorisation but given that there
:16:48. > :16:50.is still uncertainty about how this requirement will work in practice we
:16:51. > :16:55.are clarifying that the purpose of the letter is to record the union's
:16:56. > :16:59.approval for the picket relating to a particular dispute. I'll set up
:17:00. > :17:03.on-board concerns expressed relating to the entitlement to see such a
:17:04. > :17:08.letter and said I would return to this matter during report. I can
:17:09. > :17:12.assure the House that I take matters relating to data protection
:17:13. > :17:16.seriously and don't want to create room for misconceived entitlement or
:17:17. > :17:20.concern about misuse of personal information. That is why we are
:17:21. > :17:24.making it clear that entitlement to see the letter of authorisation is
:17:25. > :17:29.restricted to the employer or his agent at was workplace picketing is
:17:30. > :17:32.taking place, to remove any scupper misunderstandings that the picket
:17:33. > :17:35.supervisor is required to supply their name during picketing we've
:17:36. > :17:39.removed the reference to the constable from this clause. That is
:17:40. > :17:46.because the police will already have been informed of the supervisor's
:17:47. > :17:50.details during their appointment. We've built in flexibility so the
:17:51. > :17:55.requirement to show the letter should be as soon as applicable, for
:17:56. > :17:59.example to enable the supervisor to be at another picket line related to
:18:00. > :18:03.the trade dispute. It also helps the employer by allowing them to ask
:18:04. > :18:05.their human resources manager also visitor to act on their