10/11/2015 House of Commons


10/11/2015

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the turf for a new innovation Centre in Glasgow can stop Scotland punches

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above its weight with 11% share compared to 8% share of the

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population and I hope it continues to do so. Statement, the Minister of

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State for Europe. Minister David Liddington. I would like to make a

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statement upon the Government's EU re-negotiation. As the House knows,

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this Government was elected with a mandate to renegotiate the UK's

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relationship with the European Union had a van in-out referendum by the

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end of 2017. Since July, technical talks have taken place in Brussels

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to inform our analysis of the legal options for reform. Today, the prime

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list has written to the President of the European Council to set out the

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changes that we wanted to see. -- the Prime Minister has written. We

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have laid out a statement with a copy of that letter and hard copies

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are available in the vote office. I would like to offer the House some

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further detail. The Prime Minister's speech three years ago

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set out a vision for the vision of the European Union. Three years on,

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the central argument he made them remains more persuasive than ever.

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The European Union needs to change. And increasingly others to have

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recognised this. A fortnight ago, Chancellor Merkel said British

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concerns were German concerns as well. The purpose of the Prime

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Minister's letter today is not to describe the precise means including

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the detailed legal amendments to bring in our reforms into effect,

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that is a matter for the negotiation itself. What matters to us is

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finding solutions. This agreement must be legally binding and

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irreversible and where necessary have foreseen the treaties. There

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are four main areas in which we are seeking reform. Economic governance.

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Measures that the euro zone countries need to take to secure the

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long-term future of their currency will affect all members of the EU.

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These are real concerns demonstrated by the proposal we saw this summer

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to bailout Greece using contributions which also would have

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come from non-euro members. As the Prime Minister and the Chancellor

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have set out, never of principles should underpin any long-term

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solution of this, as well as involving a safeguard mechanism to

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ensure these principles are respected and enforced. We believe

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these principles should include recognition that the EU has more

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than one currency, that there should be no discrimination and no

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disadvantage for any business on the basis of currency, that taxpayers in

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non-euro countries should never be financially liable for supporting

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Eurozone members, that only changes the Eurozone needs to make such as

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the creation of a banking union should never be compulsory for

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non-euro countries. Financial stability and supervision should be

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a key area of competence for national institutions like the Bank

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of England for non-euro members. Just as those matters have become a

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key area of competence for Eurozone institutions like the European

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Central Bank. Any issues which affect all member states must be

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discussed and decided by all member states. Second, we want to see an

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even more determined focus upon improving Europe's competitiveness.

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Unemployment and youth unemployment in Europe is still too high. Frankly

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speaking, less Europe is able to raise its game in terms of

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competitiveness, the challenges we all face from global competition and

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digital technology mean we face a serious risk of the next generation

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of European Union who will not be able to afford the living standards

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or social protection on the public services which are our citizens take

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granted today. We welcome the European Commission's focus on

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competitiveness. Legislative proposals have been cut by 8% and

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more regulatory appraisals taken off the table this year than ever

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before. Progress has been made towards a single digital market, a

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capital market's union and in last month's commission, trade strategy.

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We need to go further. The burden from existing regulation remains too

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high. Just as we secured a first ever real terms cut in the EU

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budget, so we should set a target to cut the total burden on business.

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This should be part of a clear strategic commitment, bringing

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forward all the various proposals, promises and agreements on European

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competitiveness. Third, sovereignty. As the Prime Minister said that

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Bloomberg and as we have stressed many times since, in the UK and in

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other member states or so, too many people have felt the EU is something

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done to them. In his letter, my right honourable friend makes three

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proposals to address this. First, we want to end the UK's obligation to

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work towards an ever closer union as set out in the treaties. For many

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British people, this simply reinforces the sense of being

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dragged against our will towards a political union. Second, we want to

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enable national parliaments to work together to block a new -- unwanted

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legislation, building on the arrangements already in the

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treaties. Third, we want to see the EU's commitment to subsidiarity

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imprimatur with proposals to achieve that. If powers don't need to reside

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in Brussels, they should be returned to Westminster. As the Dutch have

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said, the ambition should be Europe where necessary, but national where

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possible. Fourth, I want to turn to the issue of welfare and

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immigration. As the Prime Minister made clear in his speech last

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November, we believe in an open economy which includes the principle

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of free movement to work. I am proud that people from every country can

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find their community here in the UK. But the issue is one of scale and

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speed. The pressure which the current level of inward migration

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puts upon our public services is too great and has a profound effect also

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on those member states whose most highly qualified citizens have

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immigrated. The Prime Minister's letter sets out our proposals to

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address this. We need to ensure that when you could resolve admitted to

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the EU, free movement will not apply until the EU, free movement will not

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apply until their economies have converged much more closely with

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existing member states. We need to crack down on all abuse of free

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movement and this includes tougher and longer re-entry bands for

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fraudsters and people who collude in sham marriages and stronger powers

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to deport criminals to stop them coming back and to prevent them from

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entering in the first place. It includes dealing with the situation

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whereby it is easier for an EU citizen to bring a non-EU spouse to

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Britain for a British citizen to do the same. We must also reduce the

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fact of drawing migrants to the UK to take low skilled jobs, exposing

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their salary to be subsidised by the state from day one. We have proposed

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that people come to Britain should negotiation -- would contribute for

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four years before they qualify for in work benefits or social housing.

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And that we should end the practice of sending child benefit overseas.

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The Government is open to different ways of dealing with these issues

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but we do need to secure a range and is that deliver on our commitments

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to fair and controlled migration. Let me say something briefly about

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the next steps. There will now be a process of formal negotiation with

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the European institutions and all 27 European parlours, leading to

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substantive discussions with counsel. The Prime Minister's aim is

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to conclude an agreement at the earliest opportunity, but his

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priority is to ensure that these substances right. It is progress on

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the substance in this we negotiation that will determine the timing of

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the referendum itself. The Government fully recognises the

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close interest from members on all sides of this house. We cannot

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provide a running commentary on an ongoing negotiation but we will

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continue to engage fully with the wide range of Parliamentary enquiry

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is, now numbering 12 across both houses come into the renegotiation.

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Documents will be submitted for scrutiny in line with normal

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practices and the Foreign Secretary, I and other ministers will continue

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to appear before the relevant select committees. The Referendum Bill

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itself will return to this house before long. The Prime Minister has

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said and he repeated this morning, that should his concerns fall on

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deaf ears, the rules nothing out. He also believes that meaningful reform

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in the areas that I have described would benefit our economic and our

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national-security, provide a fresh supplement the UK's manager of the

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European Union and offer a basis on which to campaign to keep the United

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Kingdom as a member of a reformed European Union. It is that which

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remains the Government's objective. I commend this statement to the

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House. 1-macro let me begin by thanking the Minister for updating

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the House and for giving me advanced site of today's statement. The

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decision on whether to -- whether the UK remains a member of the

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European Union is the biggest decision this country will take for

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a generation. We on the side are clear that Britain is a more

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powerful, prosperous and secure country by being members of the

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European Union. We want to see Britain play a full

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role in shaping a better Europe which deepens its single market,

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which offers more hope and jobs to its young people, which uses its

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collective strength in trade with the rest of the world and which

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stands together to combat the urgent security problems that we face. We

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do not stand for the nationalism that says we would be better off out

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and a Brecht said that would sleep written we can empower and influence

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and diminished in the eyes of the world. The Prime Minister has set

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out in his speech this morning and in the letter to the president of

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the European Council his negotiating agenda. As we have already heard

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from comments to date from his own backbenchers, the problem be Prime

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Minister faces in doing this and the reason he has been so reluctant to

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put his position down on paper until now is that there is nothing he can

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renegotiate which will satisfy the large numbers of honourable and

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Right Honourable members sitting behind him who want to take Britain

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out of the EU at all costs. They are desperate to be disappointed and

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they are here in the house today. They -- they're only role in this

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debate is to push for demands that they know will not be met. The

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agenda published today raises important issues, including some

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which were in our own manifesto, such as the protection for the

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rights of non-Eurozone countries and the rights of national parliaments.

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It also includes other ideas, which are already in train. But can I ask

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the Minister to respond to some specific questions? It is right that

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we press for guarantees for non-Eurozone members in the future,

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our manifesto argued for this, it is in our interest, but does the

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Minister agree that it would be a mistake for Britain to volunteer or

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embrace some kind of second-class or associate membership of the EU while

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still paying the full costs of membership? That would be an outcome

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which would weaken Britain rather than strengthen our position. Why is

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there so little in this agenda about jobs and growth for the future when

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the problem Europe has been struggling with has been low growth

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and high unemployment for some time? When the Minister talks about

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reducing the burden on business, can he guarantee that nothing in this

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agenda reduces the hard one unemployment rights which have been

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agreed over the years, including rights to paid leave, for part-time

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workers, and fair pay for temporary and agency workers? Does the

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Minister accept it would be a huge mistake to try to build support for

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a reformed EU on the back of a bonfire of workers' writes? On free

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movement, we know a retreat from earlier statements and hence from

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the Prime Minister that he would seek an end to the principle of free

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movement, can the Minister tell the house on the issue of access to in

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work benefits, as the Prime Minister set on the four-year timescale for

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access to such benefits, or is this subject to negotiation at the

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European Council? Could he also tell us whether this will be through a

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change in EU legislation or in the way the system works here in the

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UK? Does he agree that those who want to reject this agenda as too

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little, many of them behind him, and who are determined to take Britain

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out of the EU, it is for them to state clearly to the British people

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what being out would mean for our jobs, trade, investment, employment

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rights, and national security. The EU of course faces big challenges in

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recovering from the Eurozone crisis, offering more hope for the

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future, dealing with the urgent and immediate refugee crisis that it

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faces. But we believe that these challenges are best met by Britain

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playing a leading role in the future of the EU and using our power and

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influence with others to overcome them. There is a broader case far

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beyond these points today about Britain's place in the world and in

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the EU, and that has to be made. Our history is not the same as many

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other member states, and perhaps we will never look at these issues

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through precisely the same eyes. But that is not the same as wanting to

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leave. Reform is essential, it should be an ongoing process, not a

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single event. On this side of the house, we will keep giving for a

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Britain engaged with the world, using its power and influence to the

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maximum, and not walking away from a partnership that we have been

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members of the 40 years and which has brought many benefits to the

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people and economy of this country. He asked me four questions, if I can

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deal with them in turn. On relations between EU and non-EU members, we do

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indeed need to have as part of this negotiation safeguards against any

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risk of caucusing by Eurozone countries who, if they chose to act

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as a caucus, could command and automatic qualified majority within

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Council of ministers meetings. There will be some issues which derives

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directly from -- where Eurozone countries will want to talk about

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such matters amongst themselves, but it will be really important that we

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have a deal that allows the Eurozone to do the work of integration they

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will need to do but which properly safeguard the integrity of the

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single market and decision-making across the board at 28. He teased me

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a bit about the views of some of my honourable friend. When I have

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appeared before some of the committees of this house, I have

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found members on his side of the house who are equally committed to

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British withdrawal from the EU. This is a matter... The Labour Party

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leader, the Right Honourable member for Islington North, has not in the

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past been renowned for his enthusiasm for the EU. This has cut

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across party divisions for as long as EU membership has been an issue

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in the UK, and people hold honourable, principled views both

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for and against British membership in both parties, and that is likely

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to always be the case. The ask about low growth, I think what the

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Government is not only saying but what this Government has led and

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helped shape within the EU since 2010 has demonstrated the

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seriousness with which we take this issue. I know that the Prime

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Minister was personally involved in the negotiation that clinched the

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deal on a free trade agreement, which is proving immense value to

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British industry. It is the British Government which has helped to

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energise the debate towards a digital single market across Europe,

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something that will give SMEs and large companies increased

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opportunities. I would say to him in regard to workers' writes, nobody on

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my side of the house wants to make a bonfire of workers rights, but we

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also need to have in mind the reality that other countries that

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have chosen to go for a much more regulated approach to the employment

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market have often tragically suffered much higher levels of

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unemployment than we have in the UK. For example, keeping the UK's opt

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out from the working time directive is something that we will fight very

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hard to make sure is entrenched by this renegotiation. On freedom of

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movement, the Prime Minister made his views very clear, our objective

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is to better control migration from within the EU, there are different

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ways in which we could achieve that, we think we can do it by reducing

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the incentive is of our welfare system, and that is where my right

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honourable friend set out the proposals he made and repeated

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today. Others in the EU have concerns, that is why we say to

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them, if that is what you think, but forward alternative proposals that

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deliver the same result. It is the outcome of the measures, controlled,

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fair, properly managed migration, that is the end that we seek. On

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what is meant by out, the Prime Minister said again this morning

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that he did not think either the Swiss or Norwegian models would be

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right for the UK. I think it is the case that the question of what out

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might mean is something that will be a key element in the forthcoming

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referendum debate. A very large number of members are seeking to

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catch my icon that was entirely to be expected. To have any chance of

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accommodating them, brevity will be of the essence. Would he agree that

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the big issue which will be settled in this forthcoming referendum is

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how best this country will protect its national interests and security

:20:59.:21:02.

in the modern world, to enhance our prosperity for the next 30 or 50

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years, and will he seek to ensure that we do not lose sight of that

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and we address current events? Whilst the Prime Minister is

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embarking on important negotiations, and I wish him success on

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competitiveness in particular, will he ensure that when we are

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negotiating the benefit rights of those foreign nationals who work

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alongside British people in employment in this country, we

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remember the interests of the 2 million or so British nationals who

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live and work in the U and do not wish to see those governments start

:21:38.:21:44.

to disk and eight against our nationals in their tax and benefit

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system? The answer is yes on his second point, we always have the

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interest of British people at the heart of our thinking about any area

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of policy, and we will certainly continue to treat the National

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economic and security interests of the UK at the core objective of

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every aspect of the negotiation. I also thank the Minister for making

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an oral statement to the house and 4/ of his statement. What difference

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a year makes, just last year, Scots were being told we voted yes to

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independents, we would be getting chucked out of the EU, and now we

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could not be closer to the exit. The Minister said earlier on that there

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would be a process of formal negotiation with the Europeans. Will

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he commit to us today to consult with the devolved administrations as

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a formal part of that negotiation's he also said Europe, where

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necessary, National, where possible. Will that include devolving the

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powers where appropriate back to the devolved administrations's finally,

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will be Minister tell us what in Scotland's agenda for reform has

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been included in this today? Of course we were voting to give

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additional devolved powers to Scotland only yesterday in this

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house, I can say to the honourable member that I spoke to Fiona Hyslop

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this morning, the question of the reform and renegotiation is on the

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agenda is the first item at every meeting of the joint ministerial

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committee on Europe, which I chair, and which includes ministers from

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all the devolved administrations. I am visiting Edinburgh tomorrow, I

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will have further conversations with the Scottish Government of the type

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that he urges, and I said to Fiona Hyslop this morning, I remain always

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open to listen to the views and make sure that the UK Government takes

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full account of the interests of all three of the devolved

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administrations as we take this forward.

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The minister is not correct in thinking that the legal mechanisms

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for delivery of these proposals is not part of the solution. Does he

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not accept that treaty change is needed for virtually every

:24:36.:24:40.

proposal? Furthermore, that treaty change is not on offer's --? So how

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are the legally irreversible changes going to be made when even the legal

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expert from the European Commission says the Danish and Irish presidents

:24:58.:25:00.

are not valid? How will he sell this pig in a poke?

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We think that some, but not every aspect of the package of reforms we

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are seeking will need treaty change. We are looking at models including

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those used by Denmark and Ireland in the past. The technical talks that

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have taken place in Brussels involving senior British officials

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have also been involving representatives of the institutional

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legal services. We are working closely, alongside the current heads

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of the legal services of the institutions and we believe that on

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every one of the issues that I have listed in my statement, we can

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indeed find the appropriate legal way forward. Willie at knowledge

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that the EU citizens living here contribute far more through their

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taxes than they receive in services or social security payments? The

:26:07.:26:10.

problem with Social Security is not the EU but we have lost the

:26:11.:26:17.

contributory principle from our system and the answer is to

:26:18.:26:23.

reintroduce that? I would agree with him that it is important that in the

:26:24.:26:30.

debate about migration controls, that we don't stray into

:26:31.:26:34.

stigmatising people from elsewhere in Europe or any other part of the

:26:35.:26:39.

world who are obeying the law and contributing to live in this

:26:40.:26:44.

country. I think that the point he makes about the contributory

:26:45.:26:47.

principle could apply to policy pursued under successive footage

:26:48.:26:52.

Government of all political strikes. I draw his attention back to Article

:26:53.:26:57.

153 of the treaty, which does make it clear that it is for member

:26:58.:27:00.

states rather than the EU to define the fundamental principles of the

:27:01.:27:06.

Social security systems. It would be rather odd and contradictory if we

:27:07.:27:11.

were to say there is only one model for social security and it is

:27:12.:27:18.

compatible with that. The Minister has described different legal

:27:19.:27:23.

mechanisms for achieving our objectives within this. Could he

:27:24.:27:31.

tell us what they are? No. These are discussions that are a matter for

:27:32.:27:36.

the detailed negotiations that are now underway. The technical talks

:27:37.:27:40.

have helped to give us a menu of options. In respect of particular

:27:41.:27:52.

reforms, we would be able to reply -- rely on treaty change,

:27:53.:27:58.

protocols, political commitment and that many of options is now going to

:27:59.:28:02.

be available to the heads of Government as they embark on the

:28:03.:28:06.

political negotiation. The purpose of the technical talks has been to

:28:07.:28:11.

ensure that people are informed about those solutions available and

:28:12.:28:19.

they don't have to start that work from scratch when they are in the

:28:20.:28:24.

leader's meeting. We believe that if powers don't need to reside in

:28:25.:28:28.

Brussels, they should be returned to Westminster. Could he tell the House

:28:29.:28:33.

which current treaty provisions he intends to use for that purpose and

:28:34.:28:36.

if it doesn't have one, will he negotiate a new one? I have

:28:37.:28:45.

described areas in which we are seeking change. If the honourable

:28:46.:28:50.

lady would like to look at what the Prime Minister said in his speech

:28:51.:28:54.

this morning, she will see that he spoke in terms of making more of a

:28:55.:29:01.

reality of the principles of subsidiary rarity and

:29:02.:29:05.

proportionality and establishing an agreed mechanism within the EU

:29:06.:29:10.

system, so we don't just look at new proposals coming out of the

:29:11.:29:15.

commission, but we have a means by which to review regularly the

:29:16.:29:19.

existing exercise of competences and decide where competences currently

:29:20.:29:27.

exercised at EU level no longer need to be exercised at that level. Don't

:29:28.:29:33.

we have to control our own borders in order to fulfil the conservative

:29:34.:29:37.

popular promised to cut net migration by more than two thirds in

:29:38.:29:40.

this parliament and shouldn't we decide what the rules are and apply

:29:41.:29:44.

them fairly to the whole world, not distinguishing between Europe and

:29:45.:29:51.

non-Europe? The Prime Minister has been completely consistent in saying

:29:52.:29:56.

that he accepts the basic principle of freedom of movement for workers,

:29:57.:30:03.

but that that should not become a freedom to choose the most

:30:04.:30:06.

attractive welfare system anywhere in the European Union. We do believe

:30:07.:30:14.

that given that, something like 40% of people here from elsewhere in the

:30:15.:30:22.

EU are receiving benefits or tax credits of some kind action on that

:30:23.:30:28.

front will have a significant effect upon the core factor which our

:30:29.:30:31.

welfare system exercises at the moment. I think the Minister for his

:30:32.:30:38.

statement and for advanced copy. The Minister has put much store by

:30:39.:30:43.

treaty change but since the Council of ministers and the European

:30:44.:30:46.

Commission are like on things fundamental to them constantly break

:30:47.:30:51.

their own solemn word and treaties, why should we put any confidence or

:30:52.:30:55.

faith or trust in any changes that they agreed to? I think where

:30:56.:31:06.

matters are the subject of treaty change, they become binding as well

:31:07.:31:09.

as in international law and there has been occasions, particularly

:31:10.:31:14.

with regard to the single market aware British interests have been

:31:15.:31:19.

safeguarded by the fact that there are provisions in the treaties

:31:20.:31:24.

against discrimination, against any one country's products are missing

:31:25.:31:28.

the market. We went through the European process in order to secure

:31:29.:31:33.

the lifting of the beef exporting banned. There is a stronger element

:31:34.:31:37.

of protection there, than the honourable gentleman thinks. Further

:31:38.:31:45.

to that, would he agree that the creation of the single market for

:31:46.:31:50.

services would be a big prize for British business creating many jobs

:31:51.:31:55.

and that can only be achieved by being within the European Union? I

:31:56.:31:59.

think that my right honourable friend makes a powerful point. We

:32:00.:32:03.

have a single market which in terms of goods is working pretty well, but

:32:04.:32:10.

a single market which terms of services is woefully undeveloped,

:32:11.:32:13.

despite the fact that in every European economy as we look to the

:32:14.:32:18.

future, it is going to be for this services sector is that the new

:32:19.:32:21.

growth and the new jobs are going to come from. We need to seek

:32:22.:32:28.

determined action in that area. The Prime Minister hate the lip service

:32:29.:32:32.

to the EU's crisis of competitiveness rather like his

:32:33.:32:35.

predecessor 15 years ago. Nothing changed. The own officials grow

:32:36.:32:42.

weary of initiatives have failed to tackle Euro sclerosis. Can the

:32:43.:32:48.

Minister spell out the detail of the plans to make the EU more

:32:49.:32:53.

competitive? There is one thing that doesn't change that is the nature of

:32:54.:32:56.

the gentleman's interventions on this subject. The agenda on

:32:57.:33:06.

competitiveness is one which the Prime Minister, the Chancellor, the

:33:07.:33:10.

Business Secretary and I have spoken upon frequently and I am happy to

:33:11.:33:15.

send the honourable member a sheaf of speeches if you would like that.

:33:16.:33:20.

We have three things. It is about cutting the cost of unnecessary red

:33:21.:33:26.

tape and regulation on all business. It is about deepening the

:33:27.:33:31.

single market, especially in digital and services where it is an

:33:32.:33:34.

developed at the moment and it is about forging new ambitious

:33:35.:33:39.

free-trade agreements with other countries and other regions of the

:33:40.:33:45.

world to benefit both them and us. These opportunities that British

:33:46.:33:49.

business has urged us to take and these opportunities which this is

:33:50.:33:54.

determined not just to follow but are leading the European debate.

:33:55.:33:59.

Will my right honourable friend avoid using up his limited arguing

:34:00.:34:05.

power to obtain symbolic changes, like removing the words come ever

:34:06.:34:10.

closer union? Given that they have never been invoked by the European

:34:11.:34:14.

Court against Britain or to require any other member state to move in

:34:15.:34:20.

and integration list direction or drop from the constitutional treaty.

:34:21.:34:24.

Will he focus on getting back powers which are not required to run a

:34:25.:34:28.

common trading area so that this Parliament can make more of our own

:34:29.:34:32.

laws and hold our lawmakers to accounts? My right honourable friend

:34:33.:34:41.

has always said that what he is seeking is a deal on reform which is

:34:42.:34:50.

substantive and which it will be challenging to negotiate. I don't

:34:51.:34:52.

want any member of the House to think that this is a set of reforms

:34:53.:34:59.

that are going to fall easily into our laps. It is going to mean some

:35:00.:35:05.

tough negotiation ahead. I think that the importance of the words on

:35:06.:35:11.

ever closer union are that they do encapsulated the fact that the EU at

:35:12.:35:16.

the moment is insufficiently flexible and still thinks in terms

:35:17.:35:21.

of a single destination in terms of integration for all its member

:35:22.:35:23.

states. As the Prime Minister said this morning, we need to see a much

:35:24.:35:29.

greater acceptance of the diversity of Europe at the moment, readiness

:35:30.:35:34.

to live and let live and accept that some countries will want to

:35:35.:35:37.

integrate more closely but others will wish to stand from that. The

:35:38.:35:41.

decisions of each group should be properly respected. The Minister

:35:42.:35:50.

said that the agreement must be legally binding and irreversible.

:35:51.:35:57.

Can he clarify what he means by irreversible? Will it mean in the

:35:58.:36:03.

terms of the John Major opt out on the social chapter which will have

:36:04.:36:07.

reversed by the Tony Blair governments? That no future

:36:08.:36:10.

democratic elected Government will be able to reverse a decision taken

:36:11.:36:18.

at this time by this Government? Obviously, as Parliament is

:36:19.:36:24.

sovereign and not least in the fact that the EU law only has direct

:36:25.:36:29.

effect in the UK because of acts of parliament, the decisions of this

:36:30.:36:36.

house, that is something that limits the irreversible and 80 of any

:36:37.:36:41.

Government decision. What we are keen to avoid happening again, is

:36:42.:36:50.

the sort of thing that happened over the EFSM earlier this year. In their

:36:51.:37:00.

heat of the Eurozone, winner deal -- when a deal suddenly appeared to be

:37:01.:37:04.

at risk and it came up for discussion is in a meeting where

:37:05.:37:09.

only only 90 member governments were gathered together, that is not the

:37:10.:37:13.

way we can do business in the future. My right honourable friend

:37:14.:37:24.

must know this is pretty thin. Much less than people had come to expect

:37:25.:37:29.

from the Government. It takes out a few words from the pre-eminent ball

:37:30.:37:33.

but does nothing about the substance of the treaties. It deals with

:37:34.:37:36.

competition for which the European Commission itself as the proposal.

:37:37.:37:41.

It fails to restore control of our borders. It seems to me that its

:37:42.:37:47.

whole aim is to make Harold Wilson's negotiation reasonable. It

:37:48.:37:54.

has to have a full list of powers that will be restored to the UK and

:37:55.:37:58.

for this Parliament, not vacuously to parliaments plural. I think the

:37:59.:38:08.

problem with the idea of a unilateral national Parliamentary

:38:09.:38:12.

veto which my honourable friend advocates, is that it would mean

:38:13.:38:18.

that, for example, the most protectionist parliament in any one

:38:19.:38:23.

member state could veto every deregulatory, every single market

:38:24.:38:29.

measure which the UK believed was profoundly in the interests of our

:38:30.:38:33.

people and our prosperity. Such a unilateral veto would be

:38:34.:38:38.

incompatible even with the arrangements that Norway and

:38:39.:38:41.

Switzerland have with the European Union at the moment. I would just

:38:42.:38:49.

say that I think if we had had the privilege and responsibility of

:38:50.:38:55.

sitting at Council Minister's meetings in Brussels, a

:38:56.:38:57.

responsibility that he may enjoy at some stage in a future in his

:38:58.:39:04.

career, then he would, I think, be less sanguine about the unambitious

:39:05.:39:11.

nature of what we are proposing. What we are proposing is going to

:39:12.:39:15.

require some tough negotiating indeed. It is ridiculous that the

:39:16.:39:23.

Prime Minister is putting the referendum to the British people,

:39:24.:39:26.

that he can't explain what the British people are voting for. If

:39:27.:39:32.

they are voting out and it is not Norway and not Switzerland, what is

:39:33.:39:35.

at the British people are voting for? I think that would be a

:39:36.:39:46.

question for those who are campaigning for out when the

:39:47.:39:50.

referendum comes, to make clear. There are a number of studies that

:39:51.:39:54.

have been published on what various alternative options for engagement

:39:55.:40:02.

with Europe would look like. We are relentlessly focused upon securing a

:40:03.:40:07.

successful outcome to this negotiation and delivering the

:40:08.:40:08.

reformed Europe that British people want to see. The commitment will be

:40:09.:40:16.

nothing of a rhetorical gesture unless it is backed by a radical

:40:17.:40:20.

shake-up of the way the EU takes decisions. Does the Minister agree

:40:21.:40:24.

that mostly EU legislation is stitched up between the commission,

:40:25.:40:28.

the European Parliament and member states behind closed doors and the

:40:29.:40:33.

impenetrable process known as tri- log and cis acting as a ratchet?

:40:34.:40:39.

What proposals does the Government have for halting and reversing that

:40:40.:40:41.

ratchet? The Prime Minister said this morning

:40:42.:40:53.

that we need a new mechanism in the EU's system for working which guards

:40:54.:40:59.

against that ratchet that he described and provides for the

:41:00.:41:02.

opportunity of reviewing and reallocating powers that do not need

:41:03.:41:08.

to be exercised at a European level. I think the pamphlet recently

:41:09.:41:12.

published by the member for Chichester does provide some very

:41:13.:41:18.

constructive and imaginative suggestions as to how we might take

:41:19.:41:25.

that forward. The Prime Minister's letter welcomed the new EU trade

:41:26.:41:32.

Chatterjee, but the Government carry out an assessment on how these deals

:41:33.:41:36.

would be affected by his wider demands for economic reform? In his

:41:37.:41:40.

answer, and the Minister confirm it is his understanding of the recent

:41:41.:41:44.

remarks by the US trade representative that if the UK were

:41:45.:41:48.

to leave the EU, we would not be able to negotiate an independent

:41:49.:41:49.

trade deal with the United States? I heard what was said. He is a

:41:50.:42:05.

senior official in the current United Straits administration, so

:42:06.:42:09.

one has to take it seriously. On the general point, we see further moves

:42:10.:42:18.

forward in free deals as an important element in securing the

:42:19.:42:25.

reformed EU that we want. The potential deal with the United

:42:26.:42:29.

States is the most ambitious and far reaching in its consequences, but I

:42:30.:42:34.

welcome the fact that the commission in its strategy is also talking

:42:35.:42:37.

about forging new trade deals with some of the emerging economies and

:42:38.:42:42.

with our good allies and partners in Australia and New Zealand. As we

:42:43.:42:50.

mark the 750th anniversary of the first English Parliament and some of

:42:51.:42:54.

our continental partners are newcomers to this concept, can I

:42:55.:42:59.

suggest that unless we return powers to this Parliament, that this

:43:00.:43:05.

exercise will not be worth its while, for it is in this Parliament

:43:06.:43:09.

that authority ultimately should reside on the half of the British

:43:10.:43:14.

people? Can he explain to us how this new arrangement whereby groups

:43:15.:43:19.

of national parliaments acting together can stop unwanted proposals

:43:20.:43:22.

is going to work? I share his love of English history,

:43:23.:43:36.

but I caution him against seeing Simon the Montford as a true born

:43:37.:43:44.

Englishman. The direct answer to his question is that treaty is already

:43:45.:43:50.

provide for a mechanism whereby a group of national parliaments can

:43:51.:43:57.

demand and secure a review by the commission of a measure that the

:43:58.:44:01.

commission is bringing forward. We think one option that we should be

:44:02.:44:05.

looking at is turning such an arrangement above a certain

:44:06.:44:09.

threshold into an outright veto, a red card rather than a yellow card.

:44:10.:44:18.

Speaking as the chair of the PLP's pro-EU group, which has 210

:44:19.:44:24.

members, including the leader of the Labour Party, we are united behind

:44:25.:44:29.

staying in a Europe which is reforming and progressive. The

:44:30.:44:33.

minister has said that if the Prime Minister does not get his way, he

:44:34.:44:38.

leaves nothing out, so if we leave Europe, what does that mean for the

:44:39.:44:44.

EU? When the negotiations are over, the Government is going to make it

:44:45.:44:50.

-- make its assessment and recommendation clay. It will set out

:44:51.:44:53.

in detail its reasons for coming to that view. Including it assessment

:44:54.:45:00.

of what alternative options there might be on those. I don't think he

:45:01.:45:09.

has anything to fear. Our focus remains on a successful outcome to

:45:10.:45:12.

these negotiations that we believe will deliver a reformed Europe that

:45:13.:45:16.

is what the British people want to see. The clarity and ambition of the

:45:17.:45:23.

reforms that the Minister has outlined demonstrate there is a job

:45:24.:45:32.

of work to do. They also remind us just how important British

:45:33.:45:36.

leadership of the EU has been, such as the introduction of a single

:45:37.:45:41.

market in 1980 and the extension of it hopefully soon, because of the

:45:42.:45:45.

conclusion of these reforms. Does he agree that our real ambition is to

:45:46.:45:51.

restate Britain's leadership in conjunction with other nation states

:45:52.:45:55.

so that we can bring about an innovative, modern and responsive

:45:56.:46:01.

economy which will benefit us all? I agree, if we look back at the EU's

:46:02.:46:06.

history, we can take pride in the fact that two of its biggest

:46:07.:46:10.

achievements, building a single market across Europe and enlarging

:46:11.:46:16.

the EU to embrace the new democracies of Eastern and Central

:46:17.:46:20.

Europe, were things that were achieved very much by British

:46:21.:46:24.

leadership and in particular by the personal drive of Margaret Thatcher

:46:25.:46:30.

on both counts. What he says is important and the Government shares

:46:31.:46:35.

the spirit in which he posed his question. I am relieved that the

:46:36.:46:41.

Prime Minister has outlined his negotiating stance and I wish him

:46:42.:46:46.

every success in securing it, because I want him to be able to

:46:47.:46:49.

bang the drum enthusiastically for our EU membership. Will the Minister

:46:50.:46:53.

confirm that if meaningful reform is secured, the PM and the EU will not

:46:54.:47:01.

have to deliver fully on all the issues set out in his letter,

:47:02.:47:05.

including, for instance, in work benefits? For the primaries to two

:47:06.:47:11.

argue in favour of our membership, the benefits which were set out in

:47:12.:47:19.

the review. We will need to have a satisfactory outcome which meet our

:47:20.:47:24.

requirements on all four areas of policy which I have described. Our

:47:25.:47:31.

position on welfare and migration remains as the prime ministers about

:47:32.:47:33.

in November and he repeated this morning.

:47:34.:47:40.

I note the constraints suggested by the Prime Minister that free

:47:41.:47:45.

movement of peoples is not working and will never work will stop even

:47:46.:47:49.

Sweden and Germany are realising this today. Would not a Visa system

:47:50.:47:55.

for all the fairer and safeguard our borders? We always keep our visa

:47:56.:48:06.

arrangements under review, but I would ask my honourable friend to

:48:07.:48:14.

think about the consequences for the way in which both business and

:48:15.:48:18.

tourism operate between us and our neighbours in other democracies in

:48:19.:48:25.

Europe, were there to be visas of the sort he is describing. It would

:48:26.:48:29.

have to reply -- apply in reverse to British tourists. Progress is

:48:30.:48:37.

leisurely, some might even describe it as lethargic. Because I like

:48:38.:48:40.

guessing games and want to encourage members to think, let me suggest to

:48:41.:48:45.

members that if they could model their contributions on those of the

:48:46.:48:49.

members for Wokingham and Birmingham Edgbaston, progress would be

:48:50.:48:50.

altogether speedier. In his statement, he used the phrase

:48:51.:49:03.

salary to be subsidised by the state, how will the Government

:49:04.:49:09.

French aid between a salary subsidised by the state for

:49:10.:49:12.

foreigners and tax credits for UK citizens? These are matters that

:49:13.:49:18.

will be addressed during the negotiation.

:49:19.:49:23.

Would he agree that in ensuring a full permanent access to the single

:49:24.:49:32.

market without joining the euro is a key objective for our future

:49:33.:49:36.

economic health and would be a key sign that our continued membership

:49:37.:49:41.

of a reformed EU itself the best of both worlds, prosperity and

:49:42.:49:46.

flexibility? I think he put that very well, and getting that is

:49:47.:49:50.

exactly what the Prime Minister is seeking. I was pleased to read that

:49:51.:49:58.

the Prime Minister hopes to be able to campaign with all his heart and

:49:59.:50:02.

soul to keep Britain in the EU. But any negotiation requires parities.

:50:03.:50:11.

What are his priorities? They are the four policy objectives that he

:50:12.:50:13.

set out this morning that I repeated in my statement today. After all the

:50:14.:50:21.

statements made by the Prime Minister, my right honourable

:50:22.:50:25.

friend, the Foreign Secretary, the former Foreign Secretary, the

:50:26.:50:29.

pledged to make national parliaments, restore the primacy of

:50:30.:50:35.

national parliaments, to get a fundamental opt out from the Charter

:50:36.:50:37.

of fundamental rights, to restore our borders, is that the sum total

:50:38.:50:45.

of the Government's position in this renegotiation? Is not the onus on

:50:46.:50:53.

those who advocate that we should stay in the EU to explain why we

:50:54.:50:58.

should put up with being a second tier country in an increasingly

:50:59.:51:04.

centralised European Union, paying more and more and losing more and

:51:05.:51:11.

more control? On the particular point of the Charter of fundamental

:51:12.:51:15.

rights, the Prime Minister referred to that in his speech, this is an

:51:16.:51:19.

issue that we will be seeking to address through the forthcoming

:51:20.:51:25.

British Bill of Rights. I think that he underestimates how demanding and

:51:26.:51:30.

far reaching the proposals that we have made will be. The Danish Prime

:51:31.:51:35.

Minister said this morning, responding to the Prime Minister's

:51:36.:51:39.

speech, what he proposed was a good basis for concrete negotiations but

:51:40.:51:43.

it will be difficult, and I hope we succeed because we need a strong UK

:51:44.:51:51.

in the EU. How will be Minister ensure that investment is not

:51:52.:51:53.

impacted by the uncertainty that will proceed the referendum,

:51:54.:51:59.

Berrigan mind that we in Northern Ireland have a unique situation with

:52:00.:52:03.

the land border with the South of Ireland that will continue to be

:52:04.:52:09.

part of the EU? She is right, it is one of the reasons why I regard it

:52:10.:52:14.

as an important responsibility on my part to keep very close contact with

:52:15.:52:19.

what the devolved administrations are thinking. At the moment, there

:52:20.:52:25.

are no signs that the flow of foreign direct investment is drying

:52:26.:52:30.

up, in fact it is still the case that the UK gets a bigger share of

:52:31.:52:34.

third country direct investment into the EU than any other member state.

:52:35.:52:44.

Given that he has conceded that several elements of the Prime

:52:45.:52:47.

Minister's letter would require treaty change, can he tell us what

:52:48.:52:51.

is his best estimate of the length of time that change would take, even

:52:52.:52:55.

if miraculously it would be immediately agreed? I don't blame

:52:56.:53:03.

him for asking what is a legitimate question, but this is something that

:53:04.:53:09.

we will be talking about in the context of the negotiations. It is

:53:10.:53:17.

true that each member state will have its own constitutional

:53:18.:53:19.

arrangements for ratifying any new treaty. Can the Minister tell us if

:53:20.:53:29.

the prime and Eszterhas told him the date by which he is going to make up

:53:30.:53:33.

its mind and tell us which way he is going to go in this referendum? Why

:53:34.:53:38.

is it he cannot set out, if we are voting to leave, just exactly what

:53:39.:53:44.

it is we are voting for? The Prime Minister will make his position

:53:45.:53:47.

clear at the end of the negotiations. It would seem odd to

:53:48.:53:52.

embark on a process of negotiations and declare what the outcome would

:53:53.:53:57.

be at the beginning. Can the Minister explain whether we or

:53:58.:54:03.

Europe can decide how many migrants should come to the UK? We are

:54:04.:54:10.

seeking a situation in which we have tougher rules against the abuse of

:54:11.:54:16.

freedom of movement by criminals, Forster 's and others, and also to

:54:17.:54:20.

reduce significantly the poor fact that our welfare system provides at

:54:21.:54:30.

present. You referred to working together to block unwanted European

:54:31.:54:32.

legislation. The fishing industry has been subject to European

:54:33.:54:37.

registration, more red tape and bureaucracy, less fishing boats,

:54:38.:54:43.

be in control of local fishing be in control of local fishing

:54:44.:54:45.

waters, not the EU. What is being waters, not the EU. What is being

:54:46.:54:50.

done to help our fishermen? We have demonstrated through actions our

:54:51.:54:56.

support for the UK's fishing communities in the reform of the

:54:57.:55:00.

common fisheries policy that British ministers helped to secure last

:55:01.:55:05.

year. That has led to a ban on the practice of discarding, something

:55:06.:55:08.

that British ministers and Government of all colours had been

:55:09.:55:12.

seeking for decades will stop and to a shift towards more local and

:55:13.:55:17.

regional management than was the case in the past. What has not been

:55:18.:55:22.

included in the statement is far more important than what has been

:55:23.:55:26.

included, nothing about regaining control over our trade deals with

:55:27.:55:30.

the rest of the world, nothing about regaining control over farming or

:55:31.:55:35.

over fisheries or over regional aid or state aid or ending free movement

:55:36.:55:39.

of people. Does he agree that today will be looked back on as the day

:55:40.:55:44.

when it became clear that the renegotiation amounts to no more

:55:45.:55:48.

than tinkering around the edges and fundamentally, on great areas of

:55:49.:55:52.

policy, this country will still finish up being told what to do by

:55:53.:55:53.

the rest of the EU? On two counts, first, because my

:55:54.:56:09.

honourable friend and estates the significance of the reforms that my

:56:10.:56:13.

right honourable friend the Prime Minister has proposed and secondly

:56:14.:56:18.

because if the decision of the British people, and it is for the

:56:19.:56:26.

British people, if they decide to stay within a reformed European

:56:27.:56:30.

Union, then the responsibility of this and any future British

:56:31.:56:35.

Government will be not to be passive, but to lead the debate

:56:36.:56:39.

within Europe and to secure outcomes that benefit the prosperity of the

:56:40.:56:48.

British people. Could I ask again what specifically from Scotland's

:56:49.:56:52.

agenda for EU reform has been mentioned in the negotiations? The

:56:53.:56:58.

last time I spoke to Scottish ministers about their proposals,

:56:59.:57:04.

they were keen on measures to deepen the single market in services and

:57:05.:57:09.

digital which would provide major benefits to Scotland and to take

:57:10.:57:12.

forward more trade deals with countries around the world. I would

:57:13.:57:17.

remind the honourable gentleman that greater access for the Scotch

:57:18.:57:22.

whiskey industry is up to foreign market and something the United

:57:23.:57:26.

Kingdom Government consistently puts at the forefront of its own input in

:57:27.:57:36.

the Brussels discussions. If the result of the EU Referendum Bill two

:57:37.:57:41.

BN jawing, it must not be on the basis of a force prospective. Will

:57:42.:57:46.

he give us an assuredness that any changing agreements will not be

:57:47.:57:52.

legally binding and not be subject to a fudge after the referendum is

:57:53.:57:59.

over? We need to have outcomes which make sure that whatever package of

:58:00.:58:07.

reforms can be achieved are legally binding and irreversible for the

:58:08.:58:11.

reasons that my honourable friend gives. There has been a lot of

:58:12.:58:19.

speculation about an early referendum. Without a running

:58:20.:58:23.

commentary, will the Minister set out the essential steps and

:58:24.:58:27.

timetable to make it possible to hold a referendum next year? It

:58:28.:58:34.

would need to have the Referendum Bill on the statute book and we

:58:35.:58:38.

would need to have a conclusion of European negotiations. When both

:58:39.:58:44.

those criteria have been fulfilled, we then need to allow time for

:58:45.:58:49.

secondary legislation appointing a specific date to go through both

:58:50.:58:53.

Houses of Parliament and after that has been completed, for the ten

:58:54.:58:58.

weeks or more minimum campaign period to be gone through. Is not in

:58:59.:59:11.

the national interests of our continental European partners to

:59:12.:59:13.

support the Prime Minister in seeking to reduce in work benefits,

:59:14.:59:19.

so in turn to reduce and stop the brain drain out of Europe? I

:59:20.:59:24.

completely agree with my honourable friend and I do think it is a tragic

:59:25.:59:34.

to when we find many highly qualified, very well educated men

:59:35.:59:39.

and women who feel they have no option but to take an unskilled

:59:40.:59:43.

low-paid job in another European country because they cannot find

:59:44.:59:49.

work at home. The long-term answer to this challenge must in large part

:59:50.:59:54.

to lie in the ability in national governments and the European Union

:59:55.:59:59.

to generate resurgent economic growth and add to opportunities for

:00:00.:00:05.

employment. Can that I cheer the minister by ensuring pro-reform

:00:06.:00:10.

members on the side of the House welcome his statement today? Can he

:00:11.:00:13.

set out what the Government's position will be in the event of an

:00:14.:00:18.

out vote because from this side of the House, we still have memories of

:00:19.:00:22.

the 90s and we don't want to see this Prime Minister marching out

:00:23.:00:25.

into the rose garden and inviting the member from Woking to shut up or

:00:26.:00:36.

put up. I am grateful for the honourable gentleman's kind thoughts

:00:37.:00:40.

but I always strive to continue to be cheerful in this job. The answer

:00:41.:00:48.

is that the result of the referendum is going to be regarded by the

:00:49.:00:53.

Government as binding. This is a sovereign decision for the British

:00:54.:00:56.

people as a whole to take and I am proud of the fact that it is my

:00:57.:01:01.

party and a Conservative Government that is giving the British people

:01:02.:01:05.

the right to take that decision finally. It has never been a matter

:01:06.:01:13.

of no immigration but wanting controlled immigration. What

:01:14.:01:18.

evidence is there that reducing access will stop button number of

:01:19.:01:25.

people coming to this country? I think the fact that 40% of people

:01:26.:01:34.

from elsewhere in the EU, living in the UK are in receipt of benefits or

:01:35.:01:39.

tax credits of some sort and it indicates that that is one of the

:01:40.:01:44.

major contributors to the pool factors. In the Prime Minister's

:01:45.:01:50.

speech this morning, he intended to scrap the Labour Human Rights Act.

:01:51.:01:55.

Is he a post to it because it was a Labour Government that implemented

:01:56.:01:59.

it or is he opposed to human rights on a more fundamental level? I am

:02:00.:02:05.

sorry if she was shocked by that sentence but it was something that

:02:06.:02:09.

was in the Conservative Party manifesto back in May. I have to say

:02:10.:02:16.

that she is entitled to defend the Blair Government's Human Rights

:02:17.:02:23.

Act, but this country enjoyed a long tradition of respect for human

:02:24.:02:30.

rights well before the Human Rights Act was enacted by the Blair

:02:31.:02:33.

Government and I am confident the UK will have a tradition when that has

:02:34.:02:43.

been replaced. I am proud to work -- walk through the division of breeze

:02:44.:02:47.

in support of the EU membership and does my right honourable friend

:02:48.:02:50.

think it is completely lacking credibility of the most of the

:02:51.:02:58.

parties opposite, to have fought for the right of the British people to

:02:59.:03:02.

have a say on the EU member ship and are now fighting the concept of

:03:03.:03:07.

reform? I think my honourable friend is right and I think that some of

:03:08.:03:15.

the honourable members opposite grossly underestimate the sense of

:03:16.:03:19.

resentment amongst many men and women in this country at having seen

:03:20.:03:23.

the treaty after treaty go through changing the balance of powers in

:03:24.:03:26.

Europe that the British people are never asked to have their say. It is

:03:27.:03:35.

sad that Christopher Columbus when he set out, didn't know where he was

:03:36.:03:38.

going and when he got there, didn't know where he was and when he got

:03:39.:03:43.

back, didn't know where he had been. Isn't the are facing the same

:03:44.:03:49.

question his holographic negotiation strategy and is the Minister not

:03:50.:03:52.

concern that in personalising this, as the Prime Minister's we

:03:53.:03:57.

negotiation, that would get a Prime Minister referendum on a question

:03:58.:04:02.

that the people see as something between a figment and a figleaf? The

:04:03.:04:11.

Government was elected on a manifesto reform and referendum. I

:04:12.:04:17.

enjoyed the joke but Christopher Columbus is remembered for having an

:04:18.:04:22.

achievement in navigation and discovery and having symbolised the

:04:23.:04:28.

opening of a new age. I hope this we negotiation is the start of a new

:04:29.:04:33.

age of greater flexibility, democracy and competitiveness for

:04:34.:04:40.

Europe. Some minutes ago, I heard my right honourable friend explained

:04:41.:04:42.

that the Bill of Rights would deal with our obligations under the

:04:43.:04:46.

Charter of fundamental rights. Can he explain whether he intends to

:04:47.:04:51.

legislate notwithstanding our obligations under the EU or does the

:04:52.:04:55.

Government have some other plan as yet unannounced to deal with

:04:56.:04:58.

voluntary subjection to the European Court of justice? The European Court

:04:59.:05:07.

of Justice has involved trade and the single market and has produced

:05:08.:05:11.

judgments that have been to the advantage of British interests. If

:05:12.:05:14.

you have a single market, you need to have some kind of independent

:05:15.:05:21.

arbiter between disputes. I can only say that he would need to contain

:05:22.:05:25.

his understandable impatience is a bit longer. My right honourable

:05:26.:05:31.

friend the Justice Secretary intends to announce details on the way

:05:32.:05:34.

forward in replacing the Bill of Rights and the implications of that

:05:35.:05:40.

policy. I welcome the statement today. There are some reasonable

:05:41.:05:44.

things that the Minister has set out to the House. There are many MPs on

:05:45.:05:49.

the side of the House who work constructively with him to get the

:05:50.:05:52.

best in the UK and to face down some of the abuses we have seen from his

:05:53.:05:56.

own side in a statement today. They are people that could recognise Lee

:05:57.:06:03.

leave the UK -- European Union without regard for this country. I

:06:04.:06:09.

have had the pleasure of vigorous and robust concessions --

:06:10.:06:13.

discussions with my honourable friends as well as the members

:06:14.:06:19.

opposite. Can I say, there are differences, passionately and

:06:20.:06:23.

honourably held differences of views across the House and all parties

:06:24.:06:27.

about the UK's relationship with Europe. I hope we can continue to

:06:28.:06:31.

take forward this debate in a spirit of mutual respect for people whose

:06:32.:06:40.

views may differ from our own. The debate around whether the Bush

:06:41.:06:43.

people should vote to remain or leave the EU has been encouraged by

:06:44.:06:47.

some in terms of the certainty of remaining against the uncertainty of

:06:48.:06:51.

leaving. Does my honourable friend agree that with the current

:06:52.:06:54.

uncertainty in Europe around the Eurozone and the impact of the

:06:55.:06:58.

migrant crisis, that voting to remain is as much a leap in the dark

:06:59.:07:06.

as voting to leave? I think that might honourable friend should wait

:07:07.:07:10.

until the conclusion of the negotiations because then I think we

:07:11.:07:14.

will have much greater clarity over the nature of the choice of British

:07:15.:07:22.

people. The Minister will be aware that the financial Secretary

:07:23.:07:26.

promised a negotiating level to achieve a 0 rate of VAT on feminine

:07:27.:07:35.

hygiene products. Will this be placed among the Prime Minister's

:07:36.:07:39.

other demands? It should not be a second-class issue on the European

:07:40.:07:47.

agenda. There was a clear pledge to the House from this dispatch box and

:07:48.:07:51.

the Government is going to pursue that. In part one of the letter on

:07:52.:07:59.

economic governance committee stays there are two sorts of members in

:08:00.:08:03.

the bureau and outside. Does my right honourable friend agree that

:08:04.:08:07.

many of the country currently outside the euro other than

:08:08.:08:09.

ourselves are likely to remain in that position for many years to come

:08:10.:08:14.

and therefore it is in the wider interests of the whole EU that the

:08:15.:08:19.

European Union accepts that reality and enters into our negotiations in

:08:20.:08:23.

an understanding of that fact? He makes an important point. There will

:08:24.:08:29.

be some EU member states that will be part of the single currency and a

:08:30.:08:36.

significant number that will be outside the single currency. Those

:08:37.:08:42.

who are in the Eurozone will lead to integrate their fiscal economic and

:08:43.:08:44.

political arrangements more closely and indeed this past ability of the

:08:45.:08:48.

current union is on the matters in the interests of the United Kingdom

:08:49.:08:52.

even though we are not going to join it. Getting that relationship right

:08:53.:08:57.

between Euro ins and Euro outs is a European challenge and something of

:08:58.:09:01.

our newbie -- something of our renegotiation for that reason. The

:09:02.:09:09.

Minister's statement consisted largely of significant chunks quoted

:09:10.:09:13.

from the Prime Minister's letter to President task. One of the things he

:09:14.:09:17.

did not repeat was the closing of that. The Prime Minister said," I am

:09:18.:09:21.

ready to campaign with all my heart and soul to keep Britain inside a

:09:22.:09:26.

reformed European Union. " Why did the Minister today not include that?

:09:27.:09:31.

Is it because instead of campaigning with his heart and soul with his

:09:32.:09:45.

party leader, he plans to lead Ukip? I remain confident of a successful

:09:46.:09:55.

outcome and join enthusiastically with my right honourable friend, the

:09:56.:10:02.

Prime Minister in request of a reformed European Union. May I thank

:10:03.:10:10.

him for his statement. I am pleased to see that rule nothing out

:10:11.:10:27.

features like -- features heavily. Free trade, immigration and benefits

:10:28.:10:32.

control, sovereignty of Parliament, economic governments and the removal

:10:33.:10:36.

of other closer union. Would he agree that the best way to achieve

:10:37.:10:41.

these aims is simple and that is to vote to leave?

:10:42.:10:48.

I let him blurted out, but the question suffered from the

:10:49.:10:56.

disadvantage of being too long. It would be good to avoid that in

:10:57.:11:03.

future. I say that to be helpful. No, I agree with the Prime Minister

:11:04.:11:07.

when he said that we would get the best of both worlds by continued

:11:08.:11:14.

membership of a reformed EU which provided us with the amplified power

:11:15.:11:24.

for our own economic and security objectives through international

:11:25.:11:28.

work, which which was also a Europe more committed in the future than

:11:29.:11:34.

now to democratic accountability, to acceptance of its own diversity, and

:11:35.:11:41.

to economic competitiveness. Yesterday the Irish Prime Minister

:11:42.:11:44.

and Taioseach was in Downing Street, he spoke about his concerns of the

:11:45.:11:49.

impact and exit would have. Does he accept this is shared by many people

:11:50.:11:54.

in Britain? What is the Government proposing to do? We have a close

:11:55.:11:57.

relationship with Ireland. It is true that the quality of that

:11:58.:12:09.

relationship, the reconciliation in Northern Ireland, has in part been

:12:10.:12:14.

brought about in the context of the fact that the UK and Ireland have

:12:15.:12:17.

worked closely together as partners within the EU. We will be listening

:12:18.:12:25.

to all our friends across Europe, as well as to the views of leaders in

:12:26.:12:29.

Northern Ireland, but this is a matter for the people of the UK to

:12:30.:12:34.

decide, just as the Irish people many times have voted whether or not

:12:35.:12:43.

to accept new EU treaties. I wish to thank him for making the statement,

:12:44.:12:48.

commend him on the way he goes about making them and the wakey engages

:12:49.:12:53.

with the house, and welcome the evolution of the and policies within

:12:54.:12:58.

the statement. My constituents will make their mind up on two things,

:12:59.:13:02.

whether we control our borders and the ability to trade with the

:13:03.:13:10.

world. What is his assessment of the ability of the EU to conclude future

:13:11.:13:19.

free-trade deals? It is sometimes complex and challenging to get an

:13:20.:13:25.

agreed negotiating position across 28 countries and give the mandate to

:13:26.:13:28.

the commission to negotiate collectively on our behalf, but the

:13:29.:13:34.

leveraged that derives from negotiating as a market place of 500

:13:35.:13:40.

million people is very significant, it makes other governments even of

:13:41.:13:46.

large countries more willing to endure the political hassle that

:13:47.:13:50.

they themselves faced with their own is this interests in order to bring

:13:51.:13:55.

about free trade agreements that I believe are a win-win for both sides

:13:56.:14:01.

of. Given that the Government has rejected the principle of a double

:14:02.:14:04.

majority in the referendum, will he accept the result if England votes

:14:05.:14:08.

narrowly to leave but is outvoted by the rest of the UK voting to stay

:14:09.:14:13.

in? Will his backbenchers, who have not asked a single supportive

:14:14.:14:20.

question, except it? It is the UK that is the member state of the EU.

:14:21.:14:30.

I remind him that his party in May was against giving the people of

:14:31.:14:36.

Scotland or anywhere else in the UK the chance to vote on their future

:14:37.:14:44.

in Europe. I respect him very much indeed, but does he seriously

:14:45.:14:55.

believe that the grudging enjoined, National where possible, reiterated

:14:56.:15:00.

in the Donald Tusk letter and in his speech today, is a sufficiently

:15:01.:15:06.

ambitious lodestar for the UK negotiations? It is one important

:15:07.:15:14.

and significant element in that negotiation, it is not the whole

:15:15.:15:20.

story. I welcomed the statement today. It is an important step on

:15:21.:15:26.

the journey towards fundamental reform. Given the unsustainable

:15:27.:15:32.

migration flows, does he agree it is important to ensure that businesses

:15:33.:15:37.

from the EU must first reside here and also contribute before they

:15:38.:15:41.

qualify for in work benefits and social housing? Will he make this an

:15:42.:15:46.

urgent priority? That is exactly the objective that the Prime Minister

:15:47.:15:56.

set out in his speech today. Does he agree that it is in both our and the

:15:57.:16:01.

EU's interests to trade more freely with high growth potential

:16:02.:16:07.

Commonwealth economies? If the EU continues to move Glace Ely on this

:16:08.:16:11.

issue, we should build more agreements with the Commonwealth on

:16:12.:16:12.

our own? The Commonwealth countries,

:16:13.:16:23.

important though they are, account for only 17% of global GDP, taken

:16:24.:16:32.

together. I agree with his emphasis on the need to forward's forge

:16:33.:16:38.

free-trade agreements on emerging economies as well as with developed

:16:39.:16:41.

economies, but I caution against thinking that it would be somehow

:16:42.:16:47.

quicker and easier to strike such a deal if it were big UK with 65

:16:48.:16:51.

million people negotiating rather than the EEC with 500 million -- PE

:16:52.:17:00.

you. At this time of renegotiation, those who have their mind set on

:17:01.:17:05.

what they are going to do are almost irrelevant, but would he sent a

:17:06.:17:11.

message to those Europhiles, like Professor Fixx, who gave evidence,

:17:12.:17:23.

who felt that no matter what is achieved, if nothing changes, we

:17:24.:17:28.

will opt to leave? The Prime Minister is clear that he believes

:17:29.:17:37.

that serious reforms are essential. If the British people are to believe

:17:38.:17:40.

their future lies in membership of the EU. If we vote to leave, how

:17:41.:17:50.

long will a legally binding except take? Days, weeks, months or years?

:17:51.:17:59.

He is understandably inviting me to speculate about a post-referendum

:18:00.:18:02.

outcome when the Government is focused upon what is happening

:18:03.:18:06.

during the election. I would suggest he might like to study Article 50 of

:18:07.:18:13.

the treaty on EU, sub sections two and three, which will give him more

:18:14.:18:17.

detail. I am sure it is in the library! I expect the Minister of

:18:18.:18:23.

State could reproduce it backwards in Sanskrit and probably did so when

:18:24.:18:31.

he won University Challenge. I thank the Minister for his statement and

:18:32.:18:35.

the fortitude he has shown. Would he agree that the crisis in the

:18:36.:18:40.

Eurozone sees the need for the Eurozone countries to move together,

:18:41.:18:44.

but the key for our negotiations have to be that Europe needs to do

:18:45.:18:47.

less but better? Peep at the point well and said

:18:48.:18:54.

simply, and I agree. The EU is very slow at concluding

:18:55.:19:09.

important free-trade deals around the world, which can harm our

:19:10.:19:13.

international competitiveness. Is the Government still committed to

:19:14.:19:16.

negotiating a means to fast-track important free-trade deals in

:19:17.:19:23.

Europe? We believe that Europe needs to take forward with much greater

:19:24.:19:28.

energy and determination the work in securing free-trade deals. We think

:19:29.:19:34.

that the recently published strategy by the commission demonstrates a new

:19:35.:19:41.

and raised level of ambition, which we welcome, but we want to see the

:19:42.:19:48.

agenda turbo-charged. Will he agree with me that when we find ourselves

:19:49.:19:51.

in the position as a sovereign parliament where we cannot even

:19:52.:19:55.

reduce the level of VAT on women's sanitary products, the EU has too

:19:56.:20:00.

much power, and will he join me in criticising those who say that they

:20:01.:20:06.

will stay in at any price, because they undermine our renegotiation

:20:07.:20:09.

is? Without a walk away position, there can be no meaningful

:20:10.:20:16.

negotiation. The Government is clear that we need to see some very clear

:20:17.:20:23.

agreed reforms in order to make the recommendation to the British people

:20:24.:20:26.

that the Prime Minister said he wishes to do. But also, that the

:20:27.:20:32.

British people will need to see serious reform if they are to be

:20:33.:20:35.

persuaded to vote in favour of continued membership. Beyond that,

:20:36.:20:41.

Europe as a whole would benefit from the sort of reforms that we are

:20:42.:20:45.

advocating, because there are too many jobless young people in Europe

:20:46.:20:48.

who need greater European competitiveness and in many European

:20:49.:20:54.

countries we are seeing a sense of dissatisfaction and alienation from

:20:55.:20:57.

the way in which decisions are taken in Brussels. He was correct when he

:20:58.:21:04.

said at the beginning that we have a mandate to renegotiate, fax to us

:21:05.:21:09.

securing a Conservative victory at the general election. Does he agree

:21:10.:21:14.

that the reforms need to be permanent and irreversible as well

:21:15.:21:17.

as sufficient, otherwise my residents and elsewhere will vote to

:21:18.:21:19.

leave? I'd agree. Does he agree that the referendum at

:21:20.:21:37.

the end of these big stations must be final and that there can be no

:21:38.:21:41.

question of second chances or further renegotiation if people

:21:42.:21:49.

choose to leave? Yes, this decision that the British people make will be

:21:50.:21:54.

binary, as the Prime Minister has said, this is the most important

:21:55.:21:58.

vote for the future of this country that any of us who are of voting age

:21:59.:22:02.

will take part in during our lifetimes. The idea that somehow you

:22:03.:22:08.

can go away and think again is at odds with reality and with the

:22:09.:22:14.

procedure spelt out in the treaties. Time for desert. May I thank the

:22:15.:22:22.

excellent Europe Minister for making the statement and for his long

:22:23.:22:28.

tenure in office and the way he has managed to change position so many

:22:29.:22:33.

times? On occasion, I almost leave him. Would he thank the Prime

:22:34.:22:36.

Minister for his honesty in coming forward with a package that makes it

:22:37.:22:45.

clear that, if the package is successful, we will still be in a

:22:46.:22:48.

political union and we will still have free movement? That allows

:22:49.:22:53.

Eurosceptics to say, no longer do we have to pretend there will be a

:22:54.:22:58.

substantial negotiation, we can campaign to get out, and will he

:22:59.:23:03.

passed my thanks on? I am always happy to pass on compliments, I have

:23:04.:23:07.

to confess that I would have been somewhat surprised had almost

:23:08.:23:12.

anything that I said been enough to set the site him, but I am sure we

:23:13.:23:15.

will have these debates in the future. Order. I have received a

:23:16.:23:31.

report from the tellers in the no lobby, about the Scotland Bill

:23:32.:23:35.

yesterday, informing me that the number of those voting no was

:23:36.:23:42.

erroneously reported as 269 instead of 289. The ayes were 56, the noes

:23:43.:23:59.

289. Order. We come now to the presentation of Bill. Coroners and

:24:00.:24:07.

Justice act 2009, duty to investigate Amendment Bill. Second

:24:08.:24:15.

reading what they? 29th of January. Order, we come to the ten minute

:24:16.:24:16.

rule motion. I beg to move that leave the given

:24:17.:24:27.

to bring in a bill to establish a target for the relocation of central

:24:28.:24:31.

Government functions, offices and staff from London to other parts of

:24:32.:24:35.

the UK to make provision for implementation, altering and

:24:36.:24:38.

performance reporting against such targets and for connected purposes.

:24:39.:24:45.

This bill would ensure more balanced economic growth across the country,

:24:46.:24:49.

drink new jobs and greater prosperity to areas who have

:24:50.:24:52.

struggled, reduce pressure on the overheat of London economy and save

:24:53.:24:57.

billions to help reduce the deficit. They should also be seen as a part

:24:58.:25:03.

of the debate about devolution and improving public services, because

:25:04.:25:05.

they would improve policy-making, reform public services by getting

:25:06.:25:13.

Government to work together, there would bring Government closer to the

:25:14.:25:18.

people and enable civil servants to see what life is like for people in

:25:19.:25:22.

Dudley and elsewhere. This would move the vast majority of civil

:25:23.:25:28.

servants from departmental's non-departmental bodies from

:25:29.:25:31.

London, 100,000 jobs from the capital to the rest of the country,

:25:32.:25:35.

distributing wealth more fairly, making a huge contribution to the

:25:36.:25:40.

regeneration of 50 city and town centres, benefiting London by making

:25:41.:25:43.

more than 20 million square feet of real estate available for new is the

:25:44.:25:48.

start-ups or for conversion into desperately needed homes. They would

:25:49.:25:56.

benefit the taxpayer by saving an initial ?10 billion and ongoing

:25:57.:25:57.

annual savings of 725 million. We live in one of the most

:25:58.:26:08.

centralised countries in the world. According to the OECD, central

:26:09.:26:12.

government control 70% of government expenditure compared to 35% in

:26:13.:26:18.

France and 19% in Germany. Unlike most other economies, only 2% of

:26:19.:26:22.

taxation is raised at a local level and government finance, business,

:26:23.:26:26.

broadcasting, media, culture and the arts or all concentrated here in

:26:27.:26:30.

London. As a result investment in growth has been concentrated in the

:26:31.:26:34.

capital and stifled elsewhere. The economic outputs of seven out of

:26:35.:26:39.

eight of the UK's largest cities consistently performed below the

:26:40.:26:42.

national average whereas in Germany all eight of the largest cities

:26:43.:26:47.

outside Berlin outperform the national average and there is a

:26:48.:26:51.

similar picture in Sweden, Italy and France. The historical North-South

:26:52.:26:54.

divide has been reinforced with the dominance of Finance and the

:26:55.:26:58.

weakness of manufacturing which has benefited the capital of the region

:26:59.:27:00.

is hard. These factors have is hard. These factors have

:27:01.:27:05.

distorted public -- government policy for decades and exacerbated

:27:06.:27:08.

the decline of traditional industries and hampered the region

:27:09.:27:12.

abilities to get new jobs to replace them. Since the 1940s to have been

:27:13.:27:18.

six attempts to decentralise government departments, most

:27:19.:27:21.

recently the Lyons review in 2004 and the Smith review in 2010. For

:27:22.:27:25.

example, hundreds of civil servants moved to Sheffield in 1979 to move

:27:26.:27:31.

to run the newly created Manpower services commission. The NSC and the

:27:32.:27:35.

training agency brought many jobs to the city and David Fletcher said the

:27:36.:27:39.

bulk of those jobs in some shape or form are still here. Some jobs do,

:27:40.:27:43.

and go but it has given us a platform to build for growth.

:27:44.:27:47.

Elsewhere there was Cecil transfers to Bootle, Bristol, the Northwest

:27:48.:27:50.

and bid and burdens so there were some success but this proposal is

:27:51.:27:55.

more radical. The proportion of the country's civil servants located in

:27:56.:27:59.

the capital actually increased every year between 2010 and 2015. There

:28:00.:28:07.

are now 79,000 civil servants and 63,000 staff from non-departmental

:28:08.:28:11.

public bodies based in London. Despite deep cuts elsewhere in the

:28:12.:28:16.

country, there are now 5000 words civil servants in the capital, in

:28:17.:28:23.

2013. The capital's civil servants occupied almost 30 million square

:28:24.:28:28.

feet of space. The equivalent of 57 London gherkins. The average annual

:28:29.:28:33.

cost is 806 to ?7 a square metre. More than twice the national average

:28:34.:28:38.

of ?406. Worse still, newly created public bodies and the Government

:28:39.:28:42.

digital service, health education in England and the Government

:28:43.:28:45.

communications service of all been located in London and have not been

:28:46.:28:48.

joined up with the wider public sector. When I was there in the last

:28:49.:28:53.

Labour government, I am sure I had meetings with fewer than 30 of the

:28:54.:28:57.

thousand or so civil servants who worked there. E-mail and video

:28:58.:29:01.

conferencing, the rest could have been based anywhere in Britain. The

:29:02.:29:06.

civil service, let's move all posts that don't require regular

:29:07.:29:09.

face-to-face contact with ministers in addition to all 24 of the newly

:29:10.:29:14.

created non-departmental bodies, all 43 regulators, inspectorates and

:29:15.:29:20.

ombudsman and all bodies with the localism or regeneration been Mick

:29:21.:29:24.

HS2, visit Britain ordered the other agencies to other parts of the

:29:25.:29:29.

country. Between seven and a half thousand and 10,000 civil servants

:29:30.:29:31.

would remain in London but flexible meeting space and room is available

:29:32.:29:37.

when needed. You can even have more ministers from different

:29:38.:29:40.

departments, private policy people in one building, imagine what that

:29:41.:29:44.

could do for cross departmental working and getting ministers and

:29:45.:29:46.

departments collaborating more closely. Across the country, civil

:29:47.:29:51.

servants and local and regional government offices should share

:29:52.:29:54.

buildings and work together more effectively as well. Towns and

:29:55.:29:59.

cities could bid or submit proposals to host departments, church services

:30:00.:30:02.

and save money, but wouldn't it make sense for example... Transported to

:30:03.:30:12.

Birmingham in the south of the country, the CMS to Manchester where

:30:13.:30:18.

you have got the BBC, world beating sport teams and facilities and Defra

:30:19.:30:25.

in Norwich. Doncaster, Grimsby, Burrow, whole... -- imagined, and of

:30:26.:30:35.

course to Chesterfield. Imagine how much easier it would be to improve

:30:36.:30:39.

the skills and boost spending on science and technology in the

:30:40.:30:43.

Midlands if you had central government civil servants, local

:30:44.:30:46.

government offices and universities and industry working closely

:30:47.:30:49.

together in the same place. Imagine how the quality of policy-making

:30:50.:30:52.

would improve if central government civil servants were based in the

:30:53.:30:56.

regions, seeing it first hand and on a daily basis the problems they were

:30:57.:30:59.

trying to solve. This should be part of the devolution debate taking

:31:00.:31:02.

place not just in Scotland and Wales but the regions are thing and also.

:31:03.:31:07.

Local authorities, businesses and MPs in the West Midlands are working

:31:08.:31:12.

hard to put a bid together and negotiate a devolution deal but

:31:13.:31:15.

think how much more powerful the regions could be if central

:31:16.:31:18.

government departments were playing the full role. According to analysis

:31:19.:31:23.

by the new local government network, the traditional ways of organising

:31:24.:31:26.

public services in rigid and independent central departments

:31:27.:31:31.

suffer the local -- separate from the local government departments is

:31:32.:31:35.

less effective when there is less money to spend, and ageing

:31:36.:31:37.

population and more complex needs. We need to find new ways of working.

:31:38.:31:43.

For example the NHS faces a ?30 billion funding gap by 2030. The

:31:44.:31:50.

centrally managed work programmes failing to get sustainable jobs...

:31:51.:31:57.

Still face serious skill shortages in many parts of the country. The

:31:58.:32:03.

answer to that I think is empowering local people based on sophisticated

:32:04.:32:07.

understanding of local community's needs, local expertise,

:32:08.:32:11.

collaboration between central and local government departments in the

:32:12.:32:15.

health service to make those needs. That is clearly much more

:32:16.:32:20.

intelligent, overlapping traditional way also those like health and

:32:21.:32:25.

unemployment. Devolution and decentralisation will put local

:32:26.:32:28.

people in charge and remove layers of bureaucratic rules and

:32:29.:32:31.

prescriptions so we can develop a former government were flexible,

:32:32.:32:34.

innovation and adaptation to needs become the norm and not the

:32:35.:32:39.

exception. Finally, this would also help address the huge problem of

:32:40.:32:44.

disengagement and distrust of London and Westminster institutions. It

:32:45.:32:45.

makes a massive difference when people can see decisions being made

:32:46.:32:50.

locally to meet their needs, cut through the cynicism that many

:32:51.:32:54.

people feel about politics. My experience as minister of the West

:32:55.:33:09.

Midlands taught me that when you to local people, when funds are

:33:10.:33:11.

devolved and when central government and local authorities, businesses,

:33:12.:33:13.

universities work together and are empowered to implement the answers,

:33:14.:33:15.

decisions are taken more quickly and the solutions are more effective.

:33:16.:33:17.

When you look at our brilliant nuclear station complex in

:33:18.:33:19.

Birmingham, one of the biggest city centre redevelopment programmes in

:33:20.:33:21.

the country, the runway extension which we got much more quickly in

:33:22.:33:24.

the Midlands and has been the case with airport development projects

:33:25.:33:26.

elsewhere in the country, the new JL are planned, all of these huge

:33:27.:33:31.

redevelopment projects, would never have got off the drawing board

:33:32.:33:35.

without government departments letting local authorities and the

:33:36.:33:39.

private sector and others in the West Midlands exercise their

:33:40.:33:41.

leadership and use their expertise to transform the region. Those show

:33:42.:33:46.

what regions are capable of doing. Imagine what were could do to

:33:47.:33:51.

transform the country if central government departments were

:33:52.:33:53.

decentralised and the functions would devolve. Madam Deputy

:33:54.:33:57.

Speaker, let's transform the way government works, to transfer the

:33:58.:34:00.

country so that as we emerge from the recession, and the economy grows

:34:01.:34:06.

again, we won't make the mistakes of the past. Don't leave any community

:34:07.:34:09.

behind. We will build a stronger economy right across the country

:34:10.:34:14.

with better skills, new industries, jobs and open opportunities for

:34:15.:34:22.

people in all parts of Britain. The quest... The question is that the

:34:23.:34:25.

honourable member has leave to bring in the Bill as many of that opinion

:34:26.:34:31.

say aye, of the country know. The ayes have it. Who will prepare and

:34:32.:34:36.

bring in the Bill? Alison McGovern, Nicholas Brown, Adrian Bailey,

:34:37.:34:41.

Andrew Quinn, Caroline Flint, Chris Evans, Ian Wright, Diane Johnson,

:34:42.:34:47.

John Mann, Liam Byrne, Helen Jones and myself. Ian Austin.

:34:48.:35:29.

Government departments decentralisation target Bill. Second

:35:30.:35:36.

reading, what they? 22nd of January. Programme motion, minister to

:35:37.:35:45.

move... Kevin Brennan. Thank you. I don't want to detain the House or

:35:46.:35:51.

divide the House on this matter but I figured it's important to put on

:35:52.:35:54.

record that we did seek more time for today's many stages of the Trade

:35:55.:35:58.

Union Bill that has been further truncated by a lengthy statement on

:35:59.:36:04.

Europe. Suffice to say, if the Government continues to use

:36:05.:36:09.

programme motions in this way, and insert statements in order to

:36:10.:36:11.

truncate debate on very controversial matters, it will only

:36:12.:36:16.

serve to weaken this place and its ability to scrutinise legislation

:36:17.:36:19.

and strengthen the other place it I am sure will be very keen to

:36:20.:36:25.

scrutinise this legislation further when it arrives down there after

:36:26.:36:31.

today's proceedings. Thank you. Like the member for Cardiff West, we also

:36:32.:36:36.

saw additional time. This is a highly controversial Bill, with much

:36:37.:36:42.

media interest and at the Bill Committee there were 50 divisions

:36:43.:36:48.

where every cause of this Bill was up for debate. The timetable today

:36:49.:36:52.

does not lead to the whole house having the same scrutiny on every

:36:53.:36:57.

Clause. Ideally we would have wanted more protected time to discuss all

:36:58.:37:01.

of these bills so we can debate all because as in this Bill. Just

:37:02.:37:07.

briefly because I do want us to use the time to the purpose to which it

:37:08.:37:11.

was intended, but the honourable gentleman knows full well that when

:37:12.:37:14.

it comes to his own contributions, what matters is quality not

:37:15.:37:18.

quantity. He didn't have the advantage of joining us on the Bill

:37:19.:37:23.

Committee. But he no doubt was informed by the person who

:37:24.:37:26.

represented the opposition in that Bill Committee that the Bill

:37:27.:37:30.

Committee finished early. We did not use the full amount of time that was

:37:31.:37:33.

allocated under the programme motion. I believe that this Bill has

:37:34.:37:48.

received proper scrutiny. If I am allowed to, thank you... I was just

:37:49.:37:53.

thinking that the opposition here are protesting somewhat too much.

:37:54.:37:56.

Looking at the amendments that have been tabled today, I was absolutely

:37:57.:38:02.

amazed by the lack of amendments on very important parts of the Bill

:38:03.:38:05.

that may have been discussed at Committee, while you may not have

:38:06.:38:11.

had time, you had time to put in the amendments, and they were not put in

:38:12.:38:15.

and we are not today debating very significant part of the Bill but I

:38:16.:38:20.

think should be. -- that I think should be. The question is the Trade

:38:21.:38:25.

Union Bill programme motion as on the order paper. As many of that

:38:26.:38:31.

opinion, say I'd... On the contrary note. The ayes have it, the ayes

:38:32.:38:35.

have it. The clock will now proceed -- the court will now proceed to

:38:36.:38:41.

read the orders of the day. As amended in the Public Bill Committee

:38:42.:38:47.

to be considered... We begin with amendment 15 with which it will be

:38:48.:38:51.

convenient to consider the associated amendments and new

:38:52.:38:55.

clauses listed in Mr Speaker's provisional selection. Chris

:38:56.:39:02.

Stephens... Thank you. I beg to move the amendments in my name and those

:39:03.:39:08.

my honourable friend 's and those are amendments 15, 16, 17, 18, 19,

:39:09.:39:22.

20, 21, 22, 14, 34, 31, 32, 33, new Clause ten which I begin my remarks.

:39:23.:39:29.

Before I do, I do want to pay tribute to the member for Cardiff

:39:30.:39:34.

South and Karen ours who led for the Labour Party in the Bill Committee,

:39:35.:39:39.

I thought with great diligence. I welcome the member for Cardiff West

:39:40.:39:45.

in his place. I also pay tribute to the Conservative members of the Bill

:39:46.:39:50.

Committee who were trying to defend the indefensible. I pay tribute to

:39:51.:39:55.

the Labour members for Newport East, Cardiff Central, Gateshead,

:39:56.:40:00.

Middlesbrough South and East Cleveland and Sunderland Central.

:40:01.:40:04.

However I think the star of the show and probably be some type of the

:40:05.:40:07.

Bill Committee came from Mike honourable friend, who had commented

:40:08.:40:13.

that the minister presented in the Bill with great moderation but was

:40:14.:40:16.

entirely disingenuous. This is a catch all amendment that

:40:17.:40:27.

limits the Bill from applying to the public sector throughout the UK

:40:28.:40:31.

without the consent of the Scottish parliament, Welsh assembly, Northern

:40:32.:40:34.

Irish assembly, neither of London and other public bodies in England.

:40:35.:40:40.

To protect our approach of working in partnership with unions, we took

:40:41.:40:43.

the view that Scotland should be excluded from the entire trade union

:40:44.:40:48.

Bill, however, having heard the representations from other political

:40:49.:40:51.

parties and indeed from many across the trade union and labour movement

:40:52.:40:58.

we have restricted the extent of the Bill from applying without consent

:40:59.:41:01.

to each situation and authority who will be impacted by the changes

:41:02.:41:06.

contained within this Bill. I will. On the point of local authorities I

:41:07.:41:09.

think it is arrogant for the government to impose this on local

:41:10.:41:17.

authorities without the negotiations on the Chekhov system. Kilmer I

:41:18.:41:20.

thank the honourable gentleman for his intervention, he like many

:41:21.:41:24.

others in this place was the leader of a local authority and he will

:41:25.:41:27.

know that he would have been negotiating with the trade unions on

:41:28.:41:31.

issues like the facility time to make sure that agreements are made

:41:32.:41:36.

in time to make sure that grievances are having time to avoid these sorts

:41:37.:41:39.

of issues going to tribunal and I agree with him that it is arrogant

:41:40.:41:43.

and I think it is out of order for UK Government to make decisions in

:41:44.:41:49.

respect of facility time, Chekhov for example, which has been opposed

:41:50.:41:52.

by many local authorities across the UK. Proposals in this Bill have the

:41:53.:41:57.

potential to undermine the effective engagement of trade unions across

:41:58.:42:00.

Scottish workplaces and indeed across the UK, and in particular the

:42:01.:42:06.

public sector. The Scottish Government is working on a response

:42:07.:42:10.

with the fare worst invention, have shown a commitment to building a

:42:11.:42:12.

stronger, more collaborative approach to the relationship between

:42:13.:42:17.

trade unions, employees and employers. Become a nation of the

:42:18.:42:20.

provisions in this Bill will affect employees right to strike, changing

:42:21.:42:24.

the ablation ship between negatively and leading to greater confusion

:42:25.:42:32.

amongst employees. This will undoubtedly hit Scottish business,

:42:33.:42:35.

especially across the public services in Scotland and elsewhere

:42:36.:42:39.

in the UK. As with many bills from this house the devil is reserved in

:42:40.:42:43.

the detail and with a lot of the details still to be set out in

:42:44.:42:45.

regulations we are unaware of what else could be coming down the line.

:42:46.:42:51.

Moreover there will be no formal opportunity at this stage for the

:42:52.:42:55.

Scottish Government are indeed any other authority to influence such

:42:56.:42:58.

regulations even though they were directly impacted on them. According

:42:59.:43:03.

to witness evidence, Madam Deputy Speaker, there is concern that the

:43:04.:43:06.

Bill could lead to a concert is crisis. If the devolved

:43:07.:43:09.

administrations refused to implement the content of the Bill, the Bill

:43:10.:43:14.

potentially cut across devolved areas and could lead to confusion

:43:15.:43:18.

and conflict of interest in its application to existing and new

:43:19.:43:22.

contracts due to the ongoing local government reforms in other areas

:43:23.:43:27.

and indeed in the evidence sessions David Prentice the general secretary

:43:28.:43:31.

of Unison have made the comment that the new combined authorities of

:43:32.:43:35.

England will have a lot of expenses of powers except the power to

:43:36.:43:39.

determine Chekhov and facility arrangements. The first minute of

:43:40.:43:45.

Scotland's Nicholas Turgeon has stated in a programme for and

:43:46.:43:49.

42015-2016, my government will vigorously oppose any legislation

:43:50.:43:55.

that seeks to undermine the rights of unions to fairly and reasonably

:43:56.:44:00.

represent their members. The Welsh First Minister has echoed these

:44:01.:44:04.

concerns when he wrote to the game is over concerns about the trade

:44:05.:44:09.

union Bill, stating that this should be a matter for the National

:44:10.:44:16.

Assembly for Wales. The Scottish Government maintains positive and

:44:17.:44:20.

stable industrial relationships in Scotland, underlined by the strong

:44:21.:44:24.

partnership with the Scottish Government and the ST UC, who

:44:25.:44:29.

recently reaffirmed a memorandum of understanding signed in May 2015.

:44:30.:44:34.

The memorandum also pledged the Scottish Government to work with the

:44:35.:44:38.

ST UC to oppose Conservative austerity and demanding further

:44:39.:44:41.

powers for Scotland. The Scottish Government use trade unions as

:44:42.:44:49.

partners in maintaining democracy in the society and workplace and the

:44:50.:44:53.

existence of good employment practices, it is a key contributor

:44:54.:44:55.

to economic repetitive this and social justice. I will. He has made

:44:56.:45:04.

the case for the Scottish Government, within the committee,

:45:05.:45:07.

was there any evidence whatsoever put forward by the government of any

:45:08.:45:10.

public body expressing a view different from that of the Scottish

:45:11.:45:17.

Government? I thank the honourable gentleman for giving way and he is

:45:18.:45:21.

right, there is no evidence presented at the Bill committee from

:45:22.:45:29.

a public body in support of this Bill, we heard from the Tory

:45:30.:45:32.

Taliban, the taxpayers Alliance have supportive of some of these measures

:45:33.:45:37.

but no public body. The restriction, Madam Deputy Speaker, will ensure

:45:38.:45:40.

that none of the provisions within this Bill will apply without consent

:45:41.:45:43.

of the relevant authorities. Within this grouping we have placed

:45:44.:45:47.

amendments to the application of the most... I will. Constituent of mine

:45:48.:45:54.

in heart will welcome the protection, many of them

:45:55.:45:58.

hard-working commuters, will welcome the protection against unjustified

:45:59.:46:02.

strikes. While London should have a veto over these measures when they

:46:03.:46:04.

will not have a say under this proposals. The honourable gentleman

:46:05.:46:12.

refers to unjustified strikes, I am not aware of any unjustified

:46:13.:46:16.

strike. There seems to be a notion presented by the Conservative Party

:46:17.:46:20.

in the Conservative benches that low turnouts are due to lack of support.

:46:21.:46:24.

I think that is just not the case. The case being advanced by the

:46:25.:46:30.

government, in this issue, seems to suggest that trade union officials

:46:31.:46:33.

and trade union stewards in the workplace developed after the ballot

:46:34.:46:36.

result mystical powers of persuasion. Almost Jedi like powers

:46:37.:46:45.

of persuasion. As everyone with the hands means that this is the strike

:46:46.:46:49.

you looking for. That frankly is a nonsense. I have to say to you. What

:46:50.:46:54.

was interesting in the Bill committee that the honourable

:46:55.:46:58.

his passenger transport groups were his passenger transport groups were

:46:59.:47:00.

very concerned about aspect of the Bill and they were very concerned

:47:01.:47:04.

about the aspects in relation to agency workers, untrained agency

:47:05.:47:09.

workers with respect to transport. I gave way to the member. Thank you

:47:10.:47:15.

Madam Deputy Speaker, I am grateful to the honourable gentleman

:47:16.:47:18.

forgiving way. Will he agree with me that if the Conservative Party were

:47:19.:47:23.

so interested in having having more people take part in strike ballots

:47:24.:47:26.

they will allow Telecom in voting and they will allow secure workplace

:47:27.:47:31.

balloting to? I will come to that point, I was curious that the Bill

:47:32.:47:35.

committee were advised that the balloting was and secure and secure

:47:36.:47:38.

and I will come onto that later on in my contribution. We have placed

:47:39.:47:46.

these amendments, amendment 15 at various applications are close to

:47:47.:47:49.

that introduced a 50% turnout requirement for industrial action

:47:50.:47:52.

ballots, in addition to the current requirement for the majority vote in

:47:53.:47:56.

favour of action. The government proposals will undermine

:47:57.:47:58.

constructive employment relations throughout the United Kingdom.

:47:59.:48:01.

Effective negotiations between unions and employers rely on equal

:48:02.:48:07.

bargaining power. The ability of unions to organise lawful industrial

:48:08.:48:10.

action ensures that employers take the views of their workforce

:48:11.:48:14.

seriously and engage in genuine negotiations. The statutory

:48:15.:48:19.

threshold make it very difficult for unions to organise industrial

:48:20.:48:21.

action, especially in larger workplaces and those with more

:48:22.:48:26.

dispersed workforces. As a result the legislation is expected to have

:48:27.:48:30.

a wide-ranging impact on the ability of trade union members to take

:48:31.:48:33.

industrial action in defence of their jobs. Their working conditions

:48:34.:48:39.

and their livelihoods. It is in the employers and employees interests

:48:40.:48:44.

for this to be solved quickly and amicably. The government's proposals

:48:45.:48:47.

mean that disputes are more likely to become a protracted. The

:48:48.:48:50.

introduction of ballot thresholds would mean that unions take more

:48:51.:48:55.

time in the run-up to ballots to ensure the necessary turnout, this

:48:56.:48:57.

will inevitably divert time and effort away from finding an amicable

:48:58.:49:04.

settlement. I give way. I thank the honourable gentleman. This is one of

:49:05.:49:09.

these bills that the Tories were -- that the Tories when they have

:49:10.:49:12.

trouble bring forward. But a lot of this is because the Mayor of London

:49:13.:49:15.

has not been able to handle the industrial situation and as a result

:49:16.:49:20.

of that the bring in this Bill and undermine industrial relations in

:49:21.:49:24.

this country. I am very sympathetic to that point of view because I

:49:25.:49:28.

think it is absolutely right, there seems to be a view from the Mayor of

:49:29.:49:31.

London that is not the same attitude that is displayed by other public

:49:32.:49:36.

sector bodies across the UK. I give way to the member from Sunderland. I

:49:37.:49:40.

thank the honourable member, on the Bill committee wasn't the evidence

:49:41.:49:45.

given that actually this would not solve that problem, the particular

:49:46.:49:48.

problem that London has because most of the disputes taking place in

:49:49.:49:52.

recent years, particularly in rail, would have gone ahead anyway. The

:49:53.:49:57.

reason they would have gone ahead is because they would have meant the

:49:58.:50:00.

special is that they are trying to put in place. I think the honourable

:50:01.:50:04.

member wanted in. I am most grateful to the honourable gentleman. Is it

:50:05.:50:09.

not the case that the Conservative Mayor of London has not actually met

:50:10.:50:13.

the unions in the transport sector in London at all during his tenure?

:50:14.:50:18.

With not a better method be to have proper industrial lesions,

:50:19.:50:22.

negotiations and dialogue rather than sabre rattling? I do agree with

:50:23.:50:27.

that, and I am sure there will be an opportunity for the elected of

:50:28.:50:32.

London to pass judgment on that. I will give way. I am very grateful to

:50:33.:50:37.

the honourable gentleman. I was not a member of the Bill committee, he

:50:38.:50:41.

had been talking about the application of high officials for

:50:42.:50:44.

industrial action, but consideration was given to the potential for it a

:50:45.:50:48.

high official was put in place, what the consequence might be for Wales

:50:49.:50:54.

cat union action? Because trade union leaders are unwilling to take

:50:55.:50:56.

a vote because they are fearful of not meeting a settled. Thank you.

:50:57.:51:03.

There was no evidence presented that this would ultimately be the case,

:51:04.:51:07.

actually what the specials did open up was the impact it would have on

:51:08.:51:13.

workers and trying to progress a dispute, particularly on issues

:51:14.:51:17.

where shift changes are introduced, for example. Women workers try to

:51:18.:51:20.

progress the dispute because impact on them or that it would on male

:51:21.:51:24.

workers, so the Bill committee did not touch on those issues. According

:51:25.:51:30.

to the office of National the office of National number of days lost to

:51:31.:51:32.

industrial action earlier fallen dramatically over the last 30 years,

:51:33.:51:41.

since 2010, on average 640,000 days have been lost to industrial action

:51:42.:51:47.

compared to 7,213,000 days lost per year in the 1980s. In 2014 there are

:51:48.:51:53.

only 155 stoppages as a result of industrial action, with 55% of

:51:54.:51:58.

stoppages taking place in the private sector and 45% taken place

:51:59.:52:04.

in the public sector. Most industrial action is short lived,

:52:05.:52:08.

mud and dignity Speaker, in 2014 64% of all stoppages lasted for one or

:52:09.:52:15.

two days and accounted for the figures given earlier, 93% of the

:52:16.:52:20.

work took part in industrial action. Other amendments, Madam Deputy

:52:21.:52:26.

Speaker,... I will give way. I am grateful. I would like to ask a

:52:27.:52:28.

question which I would like to have the answer to. If there was,... Is

:52:29.:52:38.

the first set of amendments were accepted, such that the Scottish

:52:39.:52:45.

Government had a say in the give its consent, would you drop your, with

:52:46.:52:50.

the Scottish Government... I am interested to know whether the SNP

:52:51.:52:54.

would drop the other amendments as they would have a say in their own

:52:55.:52:58.

parliament. Collective-bargaining indeed. I think it is important that

:52:59.:53:06.

public bodies across the United Kingdom have your say and consent in

:53:07.:53:11.

whether this Bill and provisions of this Bill should be passed. I also

:53:12.:53:15.

believe that if any public body gives their consent, that consent

:53:16.:53:20.

can be taken away on a future occasion and I think the Mayor of

:53:21.:53:24.

London, the example was given earlier, maybe perhaps the best

:53:25.:53:28.

example of that. I will give way to the honourable gentleman. Thank you

:53:29.:53:32.

for giving away one more time. I thought it was very good that he

:53:33.:53:36.

illustrated the difference in the strike rates and lost is over the

:53:37.:53:40.

past 30 years, and with the honourable member agree with me that

:53:41.:53:43.

industrial lesions have improved in the past 30 years, unions are much

:53:44.:53:48.

more effective and cooperative and yet the Tories over there are stuck

:53:49.:53:53.

in an ideological argument of 30 years ago, and they should move

:53:54.:53:55.

forward instead of using a sledgehammer. I do agree with that

:53:56.:54:01.

and I think the more seasoned veterans of the house will probably

:54:02.:54:04.

know what I mean when I say that this is Keith Joseph says three.

:54:05.:54:11.

This is an ideological attack against the largest group in civic

:54:12.:54:14.

society who stands up against explication. I will give way. Very

:54:15.:54:21.

kind of him to give way. He was a very wily performer in the Bill

:54:22.:54:24.

committee. He talks about Keith Joseph and we are not in the real

:54:25.:54:28.

world, and I just remind him he had evidence right at the beginning of

:54:29.:54:32.

the session from the chief executive of reader buses, and what a vote of

:54:33.:54:39.

70% of the staff of his firm 50% of all buses in London were stopped.

:54:40.:54:43.

Think of the disruption that stopped for real people out there in the

:54:44.:54:49.

real world. That was more to do with the number of people who were

:54:50.:54:55.

balloted in the number of fellow workers who then came out to support

:54:56.:55:00.

them. That was the key issue. There are other issues, as the honourable

:55:01.:55:05.

member knows, there was other evidence of employee intimidation

:55:06.:55:07.

and blacklisting that was going on and I think that is something that

:55:08.:55:10.

will become to greater clauses in the Bill that the government do need

:55:11.:55:17.

to answer. Martin dignity Speaker, we have among other amendments,

:55:18.:55:22.

these restrictions, particularly around the issues of facility time.

:55:23.:55:27.

Facility time is a good thing. We have now heard from the Royal

:55:28.:55:32.

College of Nursing who are not known as the most militant trade union,

:55:33.:55:35.

who believe that the current Bill should lead to ?100 million, ?100

:55:36.:55:44.

million lost to the NHS because of workplace issues, going forward to

:55:45.:55:48.

tribunal and all the rest of it. Public bodies should have the right

:55:49.:56:00.

to test the arguments presented at the committee that the tax payers

:56:01.:56:05.

should be protected. Trade union members are taxpayers. They are

:56:06.:56:10.

voters. And trade union members... I will give way. Does the evidence of

:56:11.:56:20.

the Royal College Of Midwives contrast spectacularly with the

:56:21.:56:25.

Government evidence from 2020? You did not even know what facility time

:56:26.:56:31.

was. Yellow mac that is incorrect. I had never heard of this

:56:32.:56:37.

organisation. Under the skilful analysis of the honourable member, I

:56:38.:56:44.

asked a question when she mentioned her concerns about patient care

:56:45.:56:48.

under existing law, are a trade union is obliged to provide cover?

:56:49.:56:54.

The witness had not heard of that either. As has just been said, I did

:56:55.:57:00.

not know what facility time was. I will give way. Thank you. I am

:57:01.:57:07.

trying to develop a complete. I would like to ask a question about

:57:08.:57:12.

thresholds and the consideration the Government gave for wildcat actions.

:57:13.:57:18.

In terms of facility time, what evidence does the Government have

:57:19.:57:22.

about the potential for wildcat actions because there is less time

:57:23.:57:25.

for trade unions to deal with workplace disputes? Wildcat action

:57:26.:57:32.

was not discussed. What was discussed was the social media

:57:33.:57:37.

provisions which could lead to wildcat tweeting. There was no

:57:38.:57:43.

discussion about that action in that sense. I do want to touch briefly on

:57:44.:57:50.

the labour amendments which are similar... I would give way. You

:57:51.:57:59.

mentioned the RCN, but what about their employers? Trade unions's

:58:00.:58:06.

ability to engage with us is limited. It is potentially

:58:07.:58:12.

undermined. It is actually undermining what has been put

:58:13.:58:17.

through. To go back to what Keith Joss of said, he has argued you

:58:18.:58:22.

should let managers manage. They should butt out. That is absolutely

:58:23.:58:34.

true. The honourable member was president of a good trade union.

:58:35.:58:40.

With the honourable member agree with me that trade unionists are

:58:41.:58:45.

real people and it is not just trade unions and trade unionists who

:58:46.:58:49.

object to this Bill? The Government has significantly failed to give any

:58:50.:58:55.

significant employer support for these proposals. Many public and

:58:56.:59:01.

private sector employees in fact vociferously object to this Bill and

:59:02.:59:06.

see it as completely unnecessary. The last time I looked in the

:59:07.:59:13.

mirror,, yes, I was. Just to be the finish of the section in relation to

:59:14.:59:18.

mandates, I am pleased to see the Labour Party amendments in this

:59:19.:59:24.

regard which seeks to restrict the application of provisions related to

:59:25.:59:30.

facility time and Chekhov. Once again, they go alongside the

:59:31.:59:34.

substantive arguments and what will come out is that there is no mandate

:59:35.:59:41.

-- mandate across the public sector. I will move onto Klaus two, which is

:59:42.:59:46.

in my name and in name of my honourable friends on these benches.

:59:47.:59:56.

It is all the stranger that the Tory party have always talked about

:59:57.:00:00.

regulation and red tape, but here today are bringing in more

:00:01.:00:03.

regulation and red tape. They are talking the arteries of commerce.

:00:04.:00:08.

This is tawdry dinosaur behaviour, going back to the 1970s. -- tawdry

:00:09.:00:20.

dinosaur behaviour. Until it comes to the trade union movement, there

:00:21.:00:28.

is a laissez faire attitude. The new clause two will allow for... It is a

:00:29.:00:36.

prime example of the unnecessary bureaucracy and competition of this

:00:37.:00:41.

Bill that powers have been given to the certification Officer for the

:00:42.:00:44.

monitoring of picketing, which is guaranteed to find failings and... I

:00:45.:00:50.

thank the honourable member for that intervention. It goes wider than

:00:51.:00:54.

that, because the trade unions will be expected to make a contribution

:00:55.:00:58.

to the Certification Officer but will not be able to meet a

:00:59.:01:03.

conversion when it comes to Chekhov. The new clause will ensure that

:01:04.:01:09.

employers have a duty to ensure that union members are able to vote

:01:10.:01:13.

without fear of interference or constraint. This is the same duty

:01:14.:01:17.

imposed on trade unions and if an employer fails to comply... I will

:01:18.:01:28.

give way. Does the honourable gentleman share my feelings of irony

:01:29.:01:32.

that the Government has stated that trade union members are not allowed

:01:33.:01:37.

and will not be allowed to vote via electronic ballot, whereby they

:01:38.:01:41.

consider that this was perfectly legitimate for voting in the London

:01:42.:01:47.

mayoral selection? I do agree. That came out in the committee. We were

:01:48.:01:52.

told by the Conservative members that e-balloting is unsafe and

:01:53.:01:56.

unsecured. What that means for the Conservative candidate of the Mayor

:01:57.:01:59.

of London, I do not know. But what did come out in the Bill committee

:02:00.:02:04.

is that a trade union could e-mail an employer in relation to

:02:05.:02:10.

picketing. Presumably, that is safe and secure. I will give way. I thank

:02:11.:02:17.

the honourable gentleman for giving way. Could he say something about

:02:18.:02:26.

having to register with the police. I think we are coming on to that at

:02:27.:02:31.

a later stage in the Bill, but the point that the honourable gentleman

:02:32.:02:35.

makes again is the capacity for increased blacklisting that could

:02:36.:02:39.

take place across this Bill and I do agree with him. Could I just move on

:02:40.:02:43.

and make some progress's I do apologise. This new clause will

:02:44.:02:50.

modernise the law promoting democracy and inclusion. A word that

:02:51.:02:55.

is often used by the Conservatives in support of this Bill is

:02:56.:02:58.

modernisation. Currently, all ballots in elections must be

:02:59.:03:04.

conducted by post. Unlike major companies and other membership

:03:05.:03:06.

organisations, including political parties, trade union members are not

:03:07.:03:12.

allowed to vote online. The Government has consistently

:03:13.:03:14.

described this Trade Union Bill as an attempt to modernise trade

:03:15.:03:18.

unions, however, it has not allowed trade unions to modernise into the

:03:19.:03:23.

21st-century by using electronic and workplace balloting. The Government

:03:24.:03:26.

argues that the introduction of thresholds and strike balloting

:03:27.:03:33.

democracy stifles the possibility of workers' voices being heard. This

:03:34.:03:39.

would allow for secure workplace valeting and balloting by electronic

:03:40.:03:44.

means, as our amendment calls. Online balloting is more accessible.

:03:45.:03:50.

Today, most people use electronic devices every day to transact and

:03:51.:03:54.

communicate. We as MPs either as online ballots. Ballot papers are

:03:55.:03:59.

usually sent out to members' home addresses. This can be bad,

:04:00.:04:06.

especially when junk mail comes through our doors and they are

:04:07.:04:10.

easily dumped in the business. An online basis would be more

:04:11.:04:17.

efficient. While using only postal ballots could prolong the length of

:04:18.:04:20.

the dispute, as it simply takes longer. According to the latest off,

:04:21.:04:26.

figures, 83% of people now have access to broadband and 66% of

:04:27.:04:32.

household owned a smartphone. These figures are higher amongst those of

:04:33.:04:35.

working age and are said to rise rapidly. A recent survey of over 18

:04:36.:04:45.

's found that over 42% of respondents felt online voting would

:04:46.:04:50.

increase confidence. I will give way. Would he agree with me that in

:04:51.:04:59.

the route to Christmas, people will be engaging electronically,

:05:00.:05:03.

purchasing goods and materials? A lot of people here think there is

:05:04.:05:07.

something fundamentally wrong with that process. Isn't it ridiculous?

:05:08.:05:11.

Isn't it's just a ruse to say we do not want to engage with the trade

:05:12.:05:17.

unions? I thank the honourable member for that and agree with him

:05:18.:05:23.

entirely. Perhaps it is because Conservative members fear the

:05:24.:05:26.

inevitable visits of three ghosts on Christmas Eve. Perhaps that is one

:05:27.:05:32.

of the reasons. I thank you for giving way. Would you agree that

:05:33.:05:40.

there has not been a single security breach and all of the ballots run?

:05:41.:05:46.

Yes, I do agree with that. That evidence came out in the Bill

:05:47.:05:52.

committee. I will turn no to workplace balloting. It is

:05:53.:05:57.

unavailable, secure option which increases 14 in the workplace. We

:05:58.:06:04.

wish workplace bias to be used for statutory recognition ballots. These

:06:05.:06:10.

are secure and overseen by the qualified, independent persons. The

:06:11.:06:16.

individuals and balloting agencies permitted to act for these are

:06:17.:06:21.

generally received as those which act as scrutineers in industrial

:06:22.:06:25.

action ballots and other statutory union elections and ballots. An

:06:26.:06:30.

analysis of this report indicates that turnout will be significantly

:06:31.:06:34.

higher in ballots were all workers voted in the workplace. Average

:06:35.:06:41.

turnout was 88% and the combination ballots was 86.9%. The average

:06:42.:06:47.

turnout in postal only ballots was according to the TUC, there was no

:06:48.:06:50.

evidence of workers feeling intimidated interval and bought --

:06:51.:06:57.

voting a particular way. All three complaints, five were laid by a

:06:58.:07:03.

unions and one by an employer. None of the claims were upheld. We are

:07:04.:07:08.

told electronic voting is not safe. Thousands of private sector,

:07:09.:07:11.

voluntary and political organisations use electronic voting

:07:12.:07:19.

every year. We manage over 2000. We therefore conclude online voting is

:07:20.:07:23.

no less secure than postal balloting. It said there are risks

:07:24.:07:26.

associated with electronic voting, but these are similar to the risks

:07:27.:07:32.

associated with any secure, electronic process. Many of the

:07:33.:07:36.

risks are also be same nature of those related to postal voting. PSU

:07:37.:07:42.

is not about online safety and security. The SU as they are hoping

:07:43.:07:48.

people will be bothered to buy this stamp, put it on an envelope and

:07:49.:07:52.

walked to the letter box. That is the issue, not security. Would you

:07:53.:07:57.

agree? I do agree. One of the increasing problems with postal

:07:58.:08:01.

balloting is not with postal boxes will stop our postboxes have

:08:02.:08:06.

produced by 17% in Scotland in the last year. I do apologise. Thank

:08:07.:08:15.

you. I would just like to ask whether my honourable friend would

:08:16.:08:19.

agree that with this Bill, we risk of throwing away a huge amount in

:08:20.:08:23.

terms of positive industrial relationships established by trade

:08:24.:08:30.

unions. The work they do. The media likes conflict, but actually, the

:08:31.:08:34.

bread and butter tasks of trade unions is about spotting issues

:08:35.:08:38.

before they become problems, and the quote giving it to me by Merseyside

:08:39.:08:45.

Fire Brigade union saying that their employer has described them as their

:08:46.:08:52.

best, lowest paid managers, such as their contribution to positive

:08:53.:08:54.

industry relations. Would you agree with me that we are at risk of

:08:55.:08:59.

losing that? I do agree with all of that. This Bill is ideological.

:09:00.:09:05.

There is no question about that. It is an ideological attack on the

:09:06.:09:11.

largest section of society who stand up against exploitation. The

:09:12.:09:16.

honourable gentleman keeps talking about this Bill been ideological. Do

:09:17.:09:21.

you think it is ideological for people who send their children to

:09:22.:09:25.

schools in my constituency who cannot get childcare because there

:09:26.:09:31.

has been a very low turnout for a ballot and an unjustified strike? Do

:09:32.:09:35.

you think it is an delightful that hard-pressed communities in my

:09:36.:09:37.

constituency who want to get to work but cannot because of strikes with

:09:38.:09:42.

low thresholds? The problem with that analysis is that it is based on

:09:43.:09:51.

ignorance. The simple facts are but when there is a low turnout, a trade

:09:52.:09:56.

union has to make a calculation. I'm looking at the on to -- honourable

:09:57.:10:02.

gentleman from Blaydon. He will tell you that trade unions have on

:10:03.:10:05.

occasion not proceeded to industrial action if they do not feel they have

:10:06.:10:12.

support. The real test and the biggest gamble a trade union must

:10:13.:10:15.

take when it decides to take industrial action is how many people

:10:16.:10:20.

participate in industrial action. Because people do not participate,

:10:21.:10:22.

it falls on by. Thank you for giving way. I think

:10:23.:10:32.

the contribution from the member opposite highlights the fact that we

:10:33.:10:34.

have such a lack of understanding of the role of trade unions and a lack

:10:35.:10:40.

of understanding of working people in the workplace who are working

:10:41.:10:44.

just to pay their bills. That lack of understanding shows why this Bill

:10:45.:10:49.

is so wrong. I think it also shows complete

:10:50.:10:54.

ignorance on print -- on the printable of solidarity. Many of the

:10:55.:11:02.

people, in a second, I will speak first, the principle of solidarity

:11:03.:11:08.

where people who are affected by industrial action which the

:11:09.:11:12.

honourable member has described, many people affected will be fellow

:11:13.:11:17.

trade union members, possibly,... I will give way to the honourable lady

:11:18.:11:22.

first, I did promise that. Thank you very much forgiving way. Would you

:11:23.:11:26.

agree that the average time lost to strike action in the last year was

:11:27.:11:32.

less than a third of a second per member of the workforce? Yes, and

:11:33.:11:37.

that evidence again came out in the Bill committee. What is the great

:11:38.:11:41.

industrial chaos that is happening in this country that means that the

:11:42.:11:44.

government should intervene? There is none. For entertainment purposes

:11:45.:11:52.

I will take another. I should try and entertain the honourable

:11:53.:11:55.

gentleman. If the honourable gentleman believes that turnout is

:11:56.:12:01.

so high in all of these industrial action is why is he so concerned

:12:02.:12:04.

about having a threshold that four out of ten of trade unionists

:12:05.:12:10.

actually turn out to vote? If you have high turnouts what is the

:12:11.:12:21.

problem with that? Here is the... Again... Order! Order! No shouting

:12:22.:12:26.

out. If members want to make an intervention, make an intervention.

:12:27.:12:31.

No shouting out. And will give the honourable member the benefit of my

:12:32.:12:35.

trade union experience. There is a localised dispute affecting a local

:12:36.:12:39.

issue, in my experience permits go through the roof. The issue with low

:12:40.:12:47.

turnouts are when they are national and UK wage disputes, those issues

:12:48.:12:52.

can lead to low turnouts but the key test is how well the trade union is

:12:53.:12:56.

organised, in my experience, in terms of that because you will find

:12:57.:13:00.

that if there is a UK wide dispute there will be some parts of the UK

:13:01.:13:03.

where the turnout will be a lot higher than others. We are also

:13:04.:13:09.

told, Madam Deputy Speaker... I will give way. I thank the honourable

:13:10.:13:12.

gentleman. I thought it was worth repeating a point that was made

:13:13.:13:16.

earlier by the honourable gentleman for heart smear, and he may not have

:13:17.:13:22.

been listening to. He mentioned commuters and I think yourself and

:13:23.:13:27.

my honourable friend for Sunderland Central made the point that the

:13:28.:13:35.

transport strikes that are often paraded in aid of this legislation

:13:36.:13:40.

would all cross the threshold and are all legitimate strikes. That is

:13:41.:13:44.

absolutely right, they would have passed the threshold. I will give

:13:45.:13:53.

way. I thank the honourable member. Referring to the intervention made

:13:54.:13:58.

from the other side on this issue, is the genuine motivation is to get

:13:59.:14:02.

turnout as high as possible then wouldn't the government be putting

:14:03.:14:05.

forward every possible means to make members of trade unions be able to

:14:06.:14:10.

vote in balance by workplace ballots, by the balloting, every

:14:11.:14:14.

possible means, were actually what they are doing is the absolute

:14:15.:14:18.

opposite? I do agree with that and that is why we have submitted this

:14:19.:14:22.

new clause because if the government are so concerned about participation

:14:23.:14:27.

then they would allow for the balloting and secure workplace

:14:28.:14:32.

balloting, secure workplace balloting is secure enough for

:14:33.:14:34.

recognition agreements then surely it is secure enough for the other

:14:35.:14:37.

issues that trade union members must decide upon. Madam Deputy Speaker we

:14:38.:14:41.

are told that we cannot have online voting until 2020, that was part of

:14:42.:14:47.

the evidence of the Bill committee. Members have claimed that the online

:14:48.:14:53.

voting could not be achieved before 2020 but the speaker commission said

:14:54.:14:58.

that while online voting in general are -- at local elections, not for

:14:59.:15:02.

trade union or any other ballots. The commission reported on evidence

:15:03.:15:05.

from the open rights group who argues that online balloting in the

:15:06.:15:12.

contest -- context of the general election is far less balance than

:15:13.:15:17.

trade union voting, and these ballots are counted by the scrutiny

:15:18.:15:20.

in private. Warranty are concerned... Thank you, the

:15:21.:15:24.

honourable gentleman has been very generous. Does he agree that trade

:15:25.:15:33.

unions actually prevent a significant amount of sickness

:15:34.:15:37.

absence in the workplace? I was personally a shop steward in the

:15:38.:15:40.

hospital for another of years and by fostering good relationships between

:15:41.:15:43.

trade union members and management I am confident that be significantly

:15:44.:15:47.

reduced that burden upon the workplace. Yes I do and I trade

:15:48.:15:53.

union experience, and I would have to say the best education I had was

:15:54.:15:57.

from the trade union movement. Particularly around issues like

:15:58.:16:01.

that, issues were someone would have a condition which comes under the

:16:02.:16:05.

scope of the equalities act, for example, so yes I do and I agree

:16:06.:16:12.

with every word of that. I will give way to my honourable friend. Thank

:16:13.:16:16.

you, as they said you have been very generous. The honourable member

:16:17.:16:20.

would agree there have been important point made in terms of the

:16:21.:16:24.

double latte of a threshold and not allowing online voting for secure

:16:25.:16:29.

workplace voting. Without being flippant, does the honourable member

:16:30.:16:34.

think the government here has assessed the risk of secure

:16:35.:16:38.

workplace balloting when it comes to electronic voting? There could be

:16:39.:16:41.

the risk that SNP members are allowed to vote after all because it

:16:42.:16:46.

may not be secure enough. Indeed I look forward to that test

:16:47.:16:51.

happening, that experiment I think the speaker described, takes place.

:16:52.:16:55.

The open rights group are also concerned that online voting in

:16:56.:16:59.

general elections would not justify the extra expense of developing new

:17:00.:17:03.

systems well the technology in -- is in its infancy as tannins are

:17:04.:17:07.

already comparatively high. This argument does not apply to trade

:17:08.:17:12.

union ballots were postal balloting is more expensive. In the general

:17:13.:17:14.

election voting the technology already exists and has been well

:17:15.:17:18.

used for over a decade by private companies, political parties and

:17:19.:17:24.

membership associations. I will give way. I thank the honourable member

:17:25.:17:28.

for giving way. He and I have shared many an anecdote about this, we're

:17:29.:17:34.

both on the committee and elsewhere. During the committee he will recall

:17:35.:17:39.

that I raise a number of concerns -- that the open rights group had made

:17:40.:17:43.

in order to cover prudence in the use of Internet voting. Has he will

:17:44.:17:49.

accept that in any great detail? And what would his comments be? The

:17:50.:17:55.

honourable Desmond was right, I was furious when I googled my name and

:17:56.:17:58.

got a link to his website, it was the exchange we had in the Bill

:17:59.:18:08.

committee. That's why I was furious when I googled my name. The open

:18:09.:18:14.

rights group and I do highlight to highlight to the honourable member,

:18:15.:18:17.

the open rights group said trade union ballots to not apply in these

:18:18.:18:23.

cases because there is a digital safety and scrutiny and all the rest

:18:24.:18:28.

of it. Trade union ballots should be subject to pay the regulation, we

:18:29.:18:33.

are told, that elections to private businesses are NGOs. If the

:18:34.:18:37.

government were genuinely concerned about levels of electronic -based

:18:38.:18:40.

elections in the private sector they would legislate for all of the

:18:41.:18:44.

bodies to be required to use postal only ballots, they should also read

:18:45.:18:49.

on the election for the mere of London for their candidate using a

:18:50.:18:55.

postal only ballots in that case. Madam Deputy Speaker, the amendments

:18:56.:19:00.

are in a similar vein in respect to balloting, I can be broadly

:19:01.:19:07.

supportive as their intentions mirror our amendment. We are asking

:19:08.:19:10.

members of the house to vote for our cattle amendments to make this

:19:11.:19:16.

Bill, this Draconian Dickensian Bill a little bit better. Thank you.

:19:17.:19:24.

Excuse me, the question is that amendment 15 be made. I would like

:19:25.:19:34.

to see if I may 2.5, 67 and nine. In overall terms as despite the coming

:19:35.:19:39.

from this Bill think we can all agree that we have moved a very long

:19:40.:19:43.

way in industrial relations towards consensus and away from what we saw

:19:44.:19:52.

in the 1980s. The trade union act of 1984 for compulsory action ballots

:19:53.:19:55.

to be put in place to receive statutory immunity was a very

:19:56.:19:59.

significant step, although it did cement the rather odd situation that

:20:00.:20:02.

we have in this country that there is technically no right to strike,

:20:03.:20:07.

rather we give unions in certain circumstances statutory immunity

:20:08.:20:12.

from the civil wrong of inducing a breach of the employed contract.

:20:13.:20:16.

That being acid may I think we can all agree that voting before a

:20:17.:20:22.

strike is vital and that voting itself should be carried out in a

:20:23.:20:26.

free and fair manner that reduces as far as possible any chance of

:20:27.:20:29.

coercion or threat of intimidation to the voter. It is certainly the

:20:30.:20:36.

case that this Bill addresses for the return of requirements but it

:20:37.:20:38.

does not address the question of how the ballot itself is physically

:20:39.:20:42.

conducted and this is now being put to the test by the opposition in the

:20:43.:20:47.

amendments which argued for secure workplace ballots and suggests

:20:48.:20:53.

incrementing electronic voting for ballot for strike action. I have to

:20:54.:20:56.

say that my first observation is that these two contests do not

:20:57.:21:01.

necessarily sit well together. Namely if the opposition believes

:21:02.:21:04.

that electronic voting is the future and the way to go then why are the

:21:05.:21:08.

also proposing returning votes to the place of work? The problem is

:21:09.:21:14.

more profound, and that the security of a postal vote sets to a person's

:21:15.:21:19.

home does remove a large area of risk in terms of intimidation that

:21:20.:21:24.

could attach to returning votes to the workplace. The benefits of the

:21:25.:21:30.

1984 ballots and the use of post where hard-won and I would say have

:21:31.:21:34.

been of great benefit to working people, not perhaps the union

:21:35.:21:39.

organiser or the militant activist but the everyday working man and

:21:40.:21:43.

woman who has benefited from being able to calmly reflect on the merits

:21:44.:21:46.

of a strike ballot in the safety of their own home. I give way. I thank

:21:47.:21:52.

the honourable member. He has referred to intimidation when people

:21:53.:21:55.

cast their ballot, does he have any real examples of where there has

:21:56.:22:00.

been intimidation in ballots? I am not here to accuse anyone, I am here

:22:01.:22:07.

to talk about... If the honourable lady thinks that the 1984

:22:08.:22:12.

legislation was put in place because there were no instances of

:22:13.:22:16.

intimidation at that time then I think we need to go back to the

:22:17.:22:19.

history books, which I am not intending to do today. I am not

:22:20.:22:23.

saying that postal ballots will always be free from intimidation,

:22:24.:22:27.

particularly at several members of the same family were at the same

:22:28.:22:30.

place of work, I do also appreciate that the opposition in course of

:22:31.:22:35.

seven requires that fought in the workplace are private and free from

:22:36.:22:40.

unfairness. But the question is how far does that go? Does it cover only

:22:41.:22:45.

the voting room at the factory premises? What about beyond the

:22:46.:22:50.

factory gates and the pickets? I am concerned that this could be a

:22:51.:22:53.

retrograde step. I give way. I am very grateful. He has quoted

:22:54.:22:58.

intimidation in the workplace. Let's have some evidence to back that up,

:22:59.:23:02.

he is casting it out there and making experience. Give as evidence.

:23:03.:23:08.

We are looking at the optimum way of voting and I do note that the

:23:09.:23:11.

opposition provides for the possibility of a combination of

:23:12.:23:17.

voting methods to be used but I note that the combination is to be

:23:18.:23:21.

selected by the union, and unless I have read this wrong, and someone

:23:22.:23:25.

could want to put me right, this could imply that workplace only

:23:26.:23:28.

ballots could effectively be reintroduced by the back door and

:23:29.:23:32.

again I would see this as a step backwards and not to be supported.

:23:33.:23:37.

On the issue of electronic voting it could be said that this is where

:23:38.:23:40.

society is heading, and that point was made very strongly by the SNP

:23:41.:23:45.

member and that union more should take the lead on an issue that with

:23:46.:23:49.

the generally adopted. I have not seen the most recent opinions of the

:23:50.:23:52.

electoral commission on electronic voting but I recall that they have

:23:53.:23:58.

serious concerns about security a few years ago. Could the Minister

:23:59.:24:01.

please advise the house to what extent he has discussed this with

:24:02.:24:06.

the electoral commission and also if he has refused the rule of the

:24:07.:24:10.

certification Officer with that of the electoral commission in the

:24:11.:24:13.

conduct of balance. And in that regard if in the future we did wish

:24:14.:24:16.

to move towards electronic voting generally, could this be effective

:24:17.:24:19.

for unions under existing legislation such as the provisions

:24:20.:24:23.

of section 54 employment lesions act 2004? In other words are the

:24:24.:24:28.

electronic voting amendments required at all? If only because of

:24:29.:24:32.

technological changes I think this has been a useful debate to hold but

:24:33.:24:35.

I am not yet convinced that the security side that these proposals

:24:36.:24:39.

are the correct way to go at the current time. Madam Deputy Speaker,

:24:40.:24:47.

and can I declare my interest as a member of the musicians union and

:24:48.:24:54.

Unite, and also draw the house's attention to my entry in the

:24:55.:24:59.

register of members interests. This group contains our new clauses,

:25:00.:25:04.

five, six, seven, eight and nine and also amendment seven, eight and nine

:25:05.:25:08.

which stand in my name and that of my rate honourable friends. It is

:25:09.:25:11.

good to return to the trade union Bill after a jam-packed committee

:25:12.:25:15.

stage and it is clear from reading the proceedings that it did not

:25:16.:25:18.

provide sufficient time. The minister said earlier that the

:25:19.:25:21.

proceedings finished early. He neglected to tell the house that the

:25:22.:25:25.

proceedings had run late the night before because the government were

:25:26.:25:28.

afraid there was not enough time to conclude proceedings so that was a

:25:29.:25:32.

fact that he missed out from his exhalation.

:25:33.:25:38.

Despite that, my honourable friend is on the committee did a remarkable

:25:39.:25:45.

job and I want to pay tribute. Those who were on the committee will

:25:46.:25:49.

forgive me if I praise my Cardiff neighbours. My honourable friend the

:25:50.:25:55.

MP for Cardiff South. He meticulously unpicked the Bill from

:25:56.:25:59.

the front bench. And my honourable friend, the member for Cardiff

:26:00.:26:03.

Central, who described whose status as a new member has brought her to

:26:04.:26:10.

amend this expertise in order to expose this Bill as an attack on the

:26:11.:26:14.

inability of trade unions to perform their proper role on behalf of their

:26:15.:26:19.

members, coupled with an attempt to use a mandate acquired from 38% of

:26:20.:26:25.

those who voted in the general election in order to interfere with

:26:26.:26:28.

the funding of its main opposition party in Parliament. I know that

:26:29.:26:34.

they are Cardiff constituents will be proud of my honourable friend 's

:26:35.:26:40.

opposition is. I hope I can add a little to the efforts on behalf of

:26:41.:26:45.

the working people and democracy. Thank you very much for giving way.

:26:46.:26:50.

Another part of this Bill is how it is an oppressive Bill. It also

:26:51.:26:55.

affects women. Three quarters of trade union members are women and

:26:56.:26:58.

will be affected by this or press of Bill. The only aggression they talk

:26:59.:27:03.

about is coming from this Government affecting the rights of working

:27:04.:27:08.

people. My honourable friend is absolutely right. I remember as a

:27:09.:27:13.

young boy, how my mother's trade union helped her when she had a

:27:14.:27:17.

hernia as a result of lifting tables as a dinner lady. Without her trade

:27:18.:27:20.

union, she would not have got the support she needed. She might have

:27:21.:27:25.

lost her job. That is the kind of experience that honourable members

:27:26.:27:28.

often do not understand about what trade unions actually do. Talking

:27:29.:27:34.

about women, who do we seriously think is most affected when schools

:27:35.:27:39.

close because of ballots with low support? We heard in committee of

:27:40.:27:46.

how in 2011, school closures affected millions of appearance, in

:27:47.:27:50.

most cases with a vote of well under 40%. Trade Union Bill I take it from

:27:51.:27:54.

that, you want higher turnout in ballots and will support our ballot.

:27:55.:28:01.

I thank you for your support. I give way. Thank you. Does my honourable

:28:02.:28:08.

friend agree that the worst aspect of this Bill is the way it has been

:28:09.:28:13.

applied retrospectively? 5 million long-standing union members will

:28:14.:28:16.

have the political subscription cancelled without their permission

:28:17.:28:20.

or that of their union? No wonder they want to scrap the Cuban rights

:28:21.:28:29.

act. -- Human Rights Act. She is absolutely right. The retrospective

:28:30.:28:35.

element of this piece of legislation is particularly pernicious and

:28:36.:28:38.

governments should refrain from retrospective legislation. Time

:28:39.:28:41.

periods have been put in place. Quite frank, I cannot believe the

:28:42.:28:46.

period is recommended by officials. When I was an official, any time

:28:47.:28:51.

period for consultation or any major change to any system involving

:28:52.:28:54.

business would have been at least a period of 18 months. So I am shocked

:28:55.:28:58.

if officials won month is sufficient. And that is the advice

:28:59.:29:04.

they have given to ministers. The Government has often used a rhetoric

:29:05.:29:08.

of fairness when trying to conceal the salad attack they are making on

:29:09.:29:14.

workers rights. Does the member agree with me that bring in forward

:29:15.:29:18.

proposals to replace striking staff with agency staff is Draconian? A

:29:19.:29:24.

measure that was banned almost ten years before I was even born. She is

:29:25.:29:29.

absolutely right and she will have a chance to develop that further when

:29:30.:29:34.

we discussed that matter after the 2.5 hours of this section of the

:29:35.:29:37.

debate, when that very matter will be before us. I will make little

:29:38.:29:47.

progress. We have just heard the honourable gentleman for a

:29:48.:29:52.

Huntingdon tell us that people could then vote in the safety of their own

:29:53.:29:58.

homes. With my honourable friend comment on this? Because I think

:29:59.:30:02.

this is an absolute slur on trade unions and employers. Because it is

:30:03.:30:07.

implying that it is not safe being able to vote electronically in the

:30:08.:30:11.

workplace, and in some way, unions and employers are going to be

:30:12.:30:16.

billion people. And that is not my experience of unions and the way

:30:17.:30:19.

they conduct themselves or their ballots. She is absolutely right.

:30:20.:30:25.

Workplace ballots take place all the time. They are actually required to

:30:26.:30:30.

have independent scrutiny when they do take place. It is an absolute

:30:31.:30:40.

nonsense to imply there is anything unsafe about that. I will give way

:30:41.:30:46.

one more time. Can I just agree with my honourable friend. This is a

:30:47.:30:51.

terrible attack on trade union rights. But what we have not heard

:30:52.:30:56.

at any point today is any evidence that there is a serious problem. It

:30:57.:31:01.

is absolutely nonsense. It proves this is just a straightforward

:31:02.:31:05.

attack upon trade union movement. Trade Union Bill I think the

:31:06.:31:08.

honourable gentleman is right. This is just what Conservative

:31:09.:31:12.

governments do. Whether or not there is any evidence for it, because they

:31:13.:31:16.

haven't presented any evidence. I have looked through the evidence

:31:17.:31:20.

given and there is no evidence for any of the changes within the Bill.

:31:21.:31:24.

I think they are doing it out of some sort of knee jerk instinct. It

:31:25.:31:30.

is to be greatly regretted. We tabled a great many amendments.

:31:31.:31:34.

Rather surprisingly, none of them were accepted by the Government.

:31:35.:31:39.

Despite the cogency of my honourable friend' argument and they are

:31:40.:31:43.

excellent drafting. So we find ourselves here is submitting further

:31:44.:31:48.

clauses. To answer the honourable gentleman from Huntingdon, I must

:31:49.:31:51.

say that you have been in the house a long time and is very experienced.

:31:52.:31:59.

In the extremely truncated time available to us, it is necessary to

:32:00.:32:05.

focus on a small number of items. That makes no difference to the fact

:32:06.:32:10.

that we in committee made it clear we absolutely, fundamentally

:32:11.:32:14.

disagreed with this Bill in almost every respect. I will give way

:32:15.:32:21.

briefly. I do ask him this. If he says he does not have enough time,

:32:22.:32:25.

how can he come in to this place today and not present amendments on

:32:26.:32:31.

trade union funding or a vote percentages? These are things

:32:32.:32:35.

everyone has been talking about, including all of the union members

:32:36.:32:39.

who have been writing to members of this place. And yet not a single

:32:40.:32:43.

amendments dealing with this. There were many at amendments and I think

:32:44.:32:47.

you will find is not enough time to discuss what we currently are, let

:32:48.:32:51.

alone additional items. If you want to lobby ministers and whips for

:32:52.:32:56.

more time, I welcome that very much indeed. I am going to move on now to

:32:57.:33:05.

clauses five and six, or new clause five and six. New clause five would

:33:06.:33:12.

permit electronic voting in trade union ballots for industrial

:33:13.:33:15.

action. New clause six would permit electronic voting in all other

:33:16.:33:19.

statutory elections and ballots, including elections of general

:33:20.:33:23.

secretaries and political fund ballots. The Government has sought

:33:24.:33:28.

to dress up the Trade Union Bill is some kind of modernisation. But they

:33:29.:33:34.

are continued refusal to introduce e-balloting alongside secure

:33:35.:33:37.

workplace balloting clearly demonstrate they are not serious

:33:38.:33:41.

about modernisation. Online balloting can be as safe and secure

:33:42.:33:45.

as any other form of balloting and it is already used for a variety of

:33:46.:33:52.

purposes in both public and private sectors, including JP Morgan, asset

:33:53.:33:58.

management, Lloyds of London, at Chevron and of course the

:33:59.:34:02.

Conservative Party itself, who recently selected its London mayoral

:34:03.:34:06.

candidate by e-balloting. If Conservative ministers were serious

:34:07.:34:10.

that their reason for resisting a ballots in this Bill was fraud and

:34:11.:34:17.

concern, why would they employ the very same method in their own party

:34:18.:34:23.

elections? We all know the real fraud being perpetrated here is the

:34:24.:34:28.

fraudulent arguments being put forward by ministers, because the

:34:29.:34:33.

real reason they want to do anything they can to discourage turnout and

:34:34.:34:38.

make their threshold is hard to reach. And that is rule one from the

:34:39.:34:43.

Tory party political playbook. This frightful tours who may disagree. --

:34:44.:34:56.

disenfranchise voters. In fact, the seven cases that were made at

:34:57.:35:00.

appeal, not one of them was upheld in terms of believed harassment. She

:35:01.:35:06.

is right. She also knows that most of those complaints were made by

:35:07.:35:09.

trade unions about the conduct of the ballot. So that is a point I

:35:10.:35:14.

might have made later on in my remarks and I might not need to make

:35:15.:35:22.

now. I will give way. Thank you for giving way. He has noted that none

:35:23.:35:25.

of the amendments, reasonable amendments, put forward by these

:35:26.:35:28.

benches have been accepted. But what does he make of the fact that

:35:29.:35:33.

combined authorities throughout England have withstood opposition to

:35:34.:35:37.

the fundamentals of this Bill, but also that the First Minister for

:35:38.:35:41.

Wales stood up in the assembly in Cardiff today and said he will

:35:42.:35:42.

oppose this? This is not showing any oppose this? This is not showing any

:35:43.:35:47.

respect or any attempt at all to find any consensus whatsoever. So

:35:48.:35:54.

much for the respect in the agenda. I will give way. Thank you. You have

:35:55.:36:01.

been very generous with your time. Do you not agree that the people

:36:02.:36:05.

outside of this place will look with bemusement at the fact the

:36:06.:36:08.

opposition are arguing that sitting in front of a computer and a voting

:36:09.:36:14.

electronically will not be safe? Precisely. And I will develop that

:36:15.:36:21.

further in a moment. Under our proposals, electronic or workplace

:36:22.:36:25.

ballots would be overseen by an independent scrutiny. Before the

:36:26.:36:28.

bout is run, they will confirm that the proposed method met the required

:36:29.:36:32.

standard. All members who vote would have the opportunity to do so. Votes

:36:33.:36:38.

would be cast in secret. The risk of any other fairness or malpractice

:36:39.:36:42.

would be minimised. That is the same standard that is set out in section

:36:43.:36:49.

54 of the Employment Relations Act 2004. But none of that matters to

:36:50.:36:54.

ministers. Would you agree with me, as we said in the Bill committee,

:36:55.:36:58.

that the things in this Bill fly in the face of every other bit of

:36:59.:37:02.

legislation this Government has brought forward? Whether that is

:37:03.:37:05.

using online means to apply for benefits, fill in tax forms or

:37:06.:37:10.

anything else. It is entirely at odds with everything else discovered

:37:11.:37:14.

has brought forward. She is right, but that does not seem to matter to

:37:15.:37:20.

ministers. I will give way to my neighbour. I thank my honourable

:37:21.:37:27.

friend for giving way. It is a delighted to be here today. Isn't it

:37:28.:37:32.

the greatest irony that one of the architects of this Bill, the

:37:33.:37:38.

honourable member for West Suffolk, stand-up year extolling the virtues

:37:39.:37:42.

of a Government digital service and the digitalisation of online

:37:43.:37:46.

services and lots of high lead complex matters, but blocked a Bill

:37:47.:37:53.

which allows e-balloting? One is not a road to use the word hypocrisy.

:37:54.:37:59.

Irony is the correct word for the honourable gentleman to use. Our new

:38:00.:38:06.

clause is also requiring unions to use postal ballot alongside

:38:07.:38:09.

electronic and workplace 14 where necessary to ensure everyone has a

:38:10.:38:14.

chance to vote, ensuring members who may be out of work due to sick leave

:38:15.:38:18.

or maternity, paternity or adoption leave, will be able to work. None of

:38:19.:38:23.

that matters to ministers. The clause allows that unions will

:38:24.:38:28.

provide unions with the trust for voting methods. Employers would be

:38:29.:38:32.

under a duty to ensure that union members can vote free from

:38:33.:38:36.

interference or constraint. The use of faster and more efficient

:38:37.:38:40.

balloting matters -- methods could also assist in the earlier

:38:41.:38:44.

resolution of disputes as ballots would take place more quickly. But

:38:45.:38:49.

none of this matters to ministers. The Minister will trot out his line

:38:50.:38:55.

that he's not against e-balloting in principle, but that the speakers

:38:56.:38:58.

commission provided evidence of concerns about safety. That evidence

:38:59.:39:03.

was based on comparison between general election voting in polling

:39:04.:39:07.

stations and online voting. They made no comment on the safety and

:39:08.:39:11.

security of wider forms of online voting. In any case, the report

:39:12.:39:16.

concluded that e-balloting should be available for all electors by 2020.

:39:17.:39:22.

He could easily allow for this legislation, which would permit

:39:23.:39:28.

e-balloting to commence when any concerns he had were satisfied.

:39:29.:39:31.

There is no genuine reason whatsoever why trade unions are the

:39:32.:39:37.

only organisation in the UK which are required by legislation to use

:39:38.:39:42.

postal only ballots or elections and ballots. If the Government were

:39:43.:39:46.

genuinely concerned about levels of electronically -based elections in

:39:47.:39:51.

the private sector, they would legislate for all bodies to be

:39:52.:39:56.

required to use postal only ballots. But they will not because they are

:39:57.:40:00.

not a genuinely concerned. Thousands of sectors use electronic every

:40:01.:40:08.

year. Electoral reform services allow for over 2000 secure online

:40:09.:40:12.

ballots annually and a recent report concluded that online voting is no

:40:13.:40:15.

less secure than postal Val -- balloting. These are more tightly

:40:16.:40:22.

regulated than voting systems used by other organisations. So there is

:40:23.:40:26.

even less chance of a problem. I just wanted to talk about new

:40:27.:40:30.

clauses seven and eight, but give way.

:40:31.:40:34.

If you look at when legislation was brought in, the reason was people

:40:35.:40:42.

said a ballot of this nature would deliver the terms of what they are,

:40:43.:40:49.

but there is a huge cost to this. It has cost them a fortune to run it,

:40:50.:40:53.

and it undermines the capacity to work. My honourable friend is right,

:40:54.:40:59.

that is clearly one of the explanations for the government 's

:41:00.:41:04.

motivations in their attitude towards these amendments. Workplace

:41:05.:41:07.

ballots should be permitted for statutory union elections and

:41:08.:41:13.

ballots, the 1992 act already permits workplace ballots to be used

:41:14.:41:16.

for statutory recognition ballots, and workplace ballots of this nature

:41:17.:41:22.

are secure, and overseen by the qualified independent persons who

:41:23.:41:25.

are generally the same as those who act as scrutineers in industrial

:41:26.:41:32.

action ballots, well over 200 ballots for statutory recognition

:41:33.:41:36.

have been held. A quarter of these involved a combination ballot,

:41:37.:41:39.

including both workplace ballots and postal ballots for those absent from

:41:40.:41:43.

work when the ballot was taking place. And analysis of Central

:41:44.:41:48.

arbitration committee reports indicate the turnout was actually

:41:49.:41:55.

significantly higher when voters voted in the workplace, 88 average

:41:56.:42:00.

turnout compared to 1% in postal ballots. There is no evidence that

:42:01.:42:04.

workers felt pressurised, because where workplace ballots took place,

:42:05.:42:09.

they were more likely... Less likely to vote for union recognition than

:42:10.:42:14.

in postal ballots. The Central arbitration committee, as my

:42:15.:42:17.

honourable friend pointed out earlier, have only received a

:42:18.:42:21.

handful of complaints, mostly made by the unions rather than by

:42:22.:42:26.

individuals. I will now move to new clause nine, which allows Unionists

:42:27.:42:36.

to decide what ballots to use. Given the severe time constraints we have

:42:37.:42:39.

already discussed, it is not possible for us to have divisions

:42:40.:42:43.

this afternoon, on all of our new clauses, relating to e-balloting,

:42:44.:42:47.

and secure workplace balloting. I want to play is clearly on record

:42:48.:42:52.

our view that the government 's failure to accept our very

:42:53.:42:55.

reasonable modernisation proposals, which would enhance trade union

:42:56.:42:59.

democracy, invites further detailed scrutiny of these issues in the

:43:00.:43:05.

other place. E-balloting and secure workplace ballots are distinct

:43:06.:43:09.

issues in their own right, but we recognise due to the, we are unable

:43:10.:43:14.

to vote on all of them separately at report stage without curtailing

:43:15.:43:19.

debate on other important issues in the bill.

:43:20.:43:20.

Turning to turning to amendment seven, that is in my name and of my

:43:21.:43:25.

friends, Madam Deputy Speaker is, that should be read with amendments

:43:26.:43:31.

eight and nine, they all relate to the devolution settlement and

:43:32.:43:35.

conflict with the governments own localism agenda. Amendments to the

:43:36.:43:42.

section are designed to note that provisions do not relate to those

:43:43.:43:47.

partly devolved to the Scottish Government, Welsh government,

:43:48.:43:50.

English local authorities and the Mayor of London. I give way. I'm

:43:51.:43:54.

very grateful to the shadow minister. We managed to obtain from

:43:55.:44:00.

the UK Government that it would be a UK Government minister that would

:44:01.:44:06.

decide the time for health workers in Scotland and Wales, does the

:44:07.:44:08.

honourable member think that is fair? I'm going to come on in a

:44:09.:44:15.

moment to talk about the so-called respect agenda, I hope that will

:44:16.:44:18.

answer the honourable gentleman 's point, because this would ensure

:44:19.:44:25.

that devolved administrations are able to decide how they engage with

:44:26.:44:28.

the staff and trade unions when delivering devolved public services,

:44:29.:44:35.

rather than be subject to a highly partisan central diktat, that I

:44:36.:44:39.

think is what you are referring to, from a government in possession of

:44:40.:44:42.

no mandate in these areas in those particular parts of the UK. I can

:44:43.:44:46.

recall the promised a travelling to rate -- Wales when he was first

:44:47.:44:52.

elected, declaring he would govern in relation to Wales and the other

:44:53.:44:56.

devolved administrations on the basis of respect, and he called it

:44:57.:45:01.

"the respect agenda". With that promise in mind, the Welsh First

:45:02.:45:06.

Minister broached to the Prime Minister expressing concerns over

:45:07.:45:12.

the Trade Union Bill and it's lack of respect. He pointed out that the

:45:13.:45:19.

supreme court judgment on the agricultural sector Wales Bill ruled

:45:20.:45:23.

that depending on the impact of devolved services, a UK Government

:45:24.:45:27.

bill may still be subject to a legislative consent motion, even if

:45:28.:45:32.

it can also be classified as relating to matters that are

:45:33.:45:38.

otherwise reserved. Our Scottish Labour leader has written today to

:45:39.:45:42.

the providing the Scottish Parliament calling for a legislative

:45:43.:45:47.

consent motion, and there are calls for Scottish authorities regardless

:45:48.:45:49.

of political persuasion to implement changes where there is no consent. I

:45:50.:45:54.

want to make it clear that there are commitments to solidarity... When I

:45:55.:45:59.

finish this point... I want to make it clear that our commitment to

:46:00.:46:05.

solidarity means that Labour is opposing this bill for workers and

:46:06.:46:12.

trade unions right across the UK. We believe that he simply devolved

:46:13.:46:15.

employment and industrial relations, for example to Scotland, would be

:46:16.:46:19.

playing into the Conservative government 's hands, and a race to

:46:20.:46:24.

the bottom on workplace rights and privileges would result, and that

:46:25.:46:28.

would have a detrimental impact across the United Kingdom. I give

:46:29.:46:32.

way. Can you confirm to the house that the Welsh government will bring

:46:33.:46:36.

forward legislative consent motion is in terms of Wales. I thank the

:46:37.:46:42.

honourable gentleman for his intervention, I think I would be

:46:43.:46:46.

equally guilty of arrogance on my part if I were to assume the role of

:46:47.:46:50.

the devolved ministers in the Welsh government. The consent motion was

:46:51.:46:57.

clearly indicated as something under consideration in the letter from the

:46:58.:47:02.

First Minister. Madam Deputy Speaker... Clauses 12 and 13. I give

:47:03.:47:07.

way. On that point, the public services Minister for Wales made

:47:08.:47:09.

that clear that he was considering the matter in his evidence to the

:47:10.:47:14.

committee, and today I believe that he expressed that the bill in its

:47:15.:47:18.

current form unamended is an all out assault in the devolution

:47:19.:47:23.

settlement, in his own words. That is why I am slightly nervous when I

:47:24.:47:26.

give way to my honourable friend, because his expertise on these

:47:27.:47:30.

matters is so thorough. And he is absolutely right about the evidence

:47:31.:47:35.

given to him in the committee by Leighton Andrews, the minister from

:47:36.:47:40.

the Welsh government. Our amendments seven and eight... I give way. 1-mac

:47:41.:47:52.

going back to Scotland, Scottish local authorities oppose this bill,

:47:53.:48:00.

is there a Conservative councillor under the name of Bella? I think

:48:01.:48:05.

that shows some feeling. It does not surprise me, it may surprise other

:48:06.:48:10.

members of that is the case, but I think most Conservatives would

:48:11.:48:14.

believe that arrangement entered into voluntarily at a local level

:48:15.:48:19.

between an employer and employees... Are not something that

:48:20.:48:24.

should be interfered with by central government. I would have thought

:48:25.:48:28.

that was the DNA of what Conservative principles are about

:48:29.:48:31.

four people who believe that voluntary arrangements and

:48:32.:48:36.

transactions between parties that are entered into freely, that are

:48:37.:48:41.

not immoral in some way or criminal, should not be tinkered with by

:48:42.:48:45.

central government. That is what is extraordinary in this, and it

:48:46.:48:49.

illustrates the blinkered nature of the government 's views about trade

:48:50.:48:54.

unions and their role in society. If you look at the contents of the

:48:55.:48:59.

bill, and if you recognise the fact the government wants to pull out the

:49:00.:49:02.

Human Rights Act, if you take that in conjunction with the cuts of

:49:03.:49:07.

legal aid, this is a direct attack not only on trade unions in the

:49:08.:49:14.

country but on the general population. Many of those human

:49:15.:49:18.

rights implications will be examined, because of the unfortunate

:49:19.:49:22.

constraints we have on time here will stop but I imagine there will

:49:23.:49:25.

be people in the other place who will look at the bill with a great

:49:26.:49:31.

deal of interest. Under current legislation, trade union

:49:32.:49:35.

representatives have a right to reasonable paid time off to perform

:49:36.:49:41.

duties. This has huge benefits to employees and employers alike.

:49:42.:49:44.

Course 13 has set a cap on the percentage that can be invested --

:49:45.:49:53.

clause. An arbitrary limit can be imposed on the amount of time spent,

:49:54.:49:58.

not only on negotiating on improved pay and conditions, but on

:49:59.:50:02.

training, promoting learning opportunities for the workforce, on

:50:03.:50:04.

accompanying individuals in grievance and disciplinary

:50:05.:50:09.

proceedings, in training, health and safety, and the clause demonstrates

:50:10.:50:13.

a democratic deficit, as my honourable friend pointed out,

:50:14.:50:18.

government ministers can use secondary legislation to restrict or

:50:19.:50:24.

appeal trade rights. Secondly, it will prevent democratically elected

:50:25.:50:28.

to devolve bytes in how they manage their employment and engage with

:50:29.:50:34.

their own staff. Thirdly, provisions mean that the government can pick

:50:35.:50:39.

and choose politically which local authorities it will force to impose

:50:40.:50:42.

a cap. That is a very dangerous precedent. The reserved powers

:50:43.:50:49.

elements of the bill show that the government intend to use that? I

:50:50.:50:53.

think she is absolutely right, I don't think they would be there if

:50:54.:50:56.

the government did not intend to use them, and neither should government

:50:57.:51:00.

grant them those powers and anything other than the assumption that they

:51:01.:51:04.

intend to use with them. The opposition should carefully think

:51:05.:51:08.

about what they grant through the bill. We also know there are

:51:09.:51:11.

significant questions about the legal basis of such a change in

:51:12.:51:16.

relation to European Union law, health and safety ropes, on the

:51:17.:51:20.

rights of trade union representatives, -- representatives.

:51:21.:51:26.

Outsourcing, and rights protected by the European Convention of human

:51:27.:51:29.

rights and the international labour conventions. In addition, according

:51:30.:51:40.

to research, in 2007, workplaces have lower voluntary exit rates

:51:41.:51:43.

which have led to significant savings in recruitment costs. I give

:51:44.:51:49.

way to my honourable friend. With my honourable friend agree with me that

:51:50.:51:53.

the cuts to facilities time and charges to employment tribunal 's

:51:54.:51:58.

would put women of pursuing cases of maternity discrimination which are

:51:59.:52:02.

rising, but women have not been receiving justice recently? My

:52:03.:52:06.

honourable friend is quite right, and she points out something others

:52:07.:52:12.

have pointed out, the degree to which the bill discriminates against

:52:13.:52:16.

women. Yellow mac I am wondering whether the right honourable friend

:52:17.:52:25.

can give me examples of where the government says this interferes

:52:26.:52:28.

between consenting parties in order to undo them. Are there any examples

:52:29.:52:33.

in which you are aware of? I may be inadequate in my research, but I

:52:34.:52:37.

have not come across any examples. I'm sure the minister has dozens of

:52:38.:52:41.

them, because surely he would not pick out a particular group in

:52:42.:52:45.

society for this kind of Draconian treatment, and as he was meeting out

:52:46.:52:51.

that kind of treatment to other groups? The honourable lady has an

:52:52.:52:54.

example? Does the honourable member except that when an employer and

:52:55.:52:59.

employee enter into a contract and agreement between each other, the

:53:00.:53:03.

contract is that the member... The employee will turn up to work and

:53:04.:53:07.

not engage with others to disrupt the employment... If I may finish.

:53:08.:53:17.

And, the union's power to engage in collective activity is an exception

:53:18.:53:25.

to that principle. And so that that exception must only be exercised in

:53:26.:53:34.

circumstances where it is justifiable and legitimate. I do

:53:35.:53:38.

understand the basis in which it is possible to undertake industrial

:53:39.:53:43.

action lawfully, which it has been for over 100 years, and she may well

:53:44.:53:47.

know that, in fact, it was a judgment in the part of the world

:53:48.:53:52.

that me and my honourable friend 's represent, over 100 years ago, they

:53:53.:53:59.

lead to changes having ensuring that in any civilised democratic society,

:54:00.:54:05.

white people have the right to withdraw labour if they are involved

:54:06.:54:08.

in trade disputes, I hope you are not suggesting that that should be

:54:09.:54:13.

the case. As I said earlier, if she is serious about wanting more people

:54:14.:54:17.

to be involved in the decision-making around a trade

:54:18.:54:22.

dispute in balloting and so on, she will be supporting our new clauses

:54:23.:54:26.

and amendments which allow for e-balloting and easier access to

:54:27.:54:29.

democracy for the very people that she is purporting to speak about.

:54:30.:54:36.

Does my friend agree with me that actually having facility times

:54:37.:54:41.

improve industrial relations in the workplace, admitted gates against

:54:42.:54:42.

industrial action? I do agree. There is plenty of

:54:43.:54:53.

evidence that it saves money and facilitates good industrial

:54:54.:54:59.

relations. It is also a Draconian and illiberal action for the

:55:00.:55:02.

Government to interfere in voluntary agreements between employers and

:55:03.:55:07.

employees by Central Dick tacked from ministers in this way and it is

:55:08.:55:12.

something I believe they will live to regret. -- Central Dick cat. It

:55:13.:55:23.

is written into the contract they can have a trade union subscription

:55:24.:55:30.

conducted by Sally. Employers will be able to reissue new contracts.

:55:31.:55:35.

The honourable gentleman is a mind reader. I am coming to that very

:55:36.:55:43.

shortly. Following on from the points made by by honourable friend

:55:44.:55:47.

from York, with my honourable friend agreed that actually, the hallmarks

:55:48.:55:54.

of a good, productive, innovative economy are collaborative,

:55:55.:55:57.

harmonious industrial relations? The likes of Unite, and the likes of the

:55:58.:56:01.

community of our beleaguered steel industry, we must stay competitive.

:56:02.:56:05.

Trade unions are not good for injured were -- individual workers.

:56:06.:56:14.

It is good for the economy. Instead, the Government is basically

:56:15.:56:18.

walking across the street to pick a fight in relation to this, where no

:56:19.:56:25.

provocation exists. Let me make some more progress. I want our colleagues

:56:26.:56:31.

have the opportunity to participate in this section of the debate.

:56:32.:56:35.

Negotiations between employers and unions can play a positive role. The

:56:36.:56:39.

Welsh Government recognises the value of that and has a partnership

:56:40.:56:48.

approach with trade unions. I quote, it cannot be right for the UK

:56:49.:56:54.

Government, blind to devolved service delivery reforms in Wales,

:56:55.:57:00.

to specify how much union facility time devolved public sex at --

:57:01.:57:11.

sector employees should be allowed. Half the Welsh Government operates

:57:12.:57:16.

these arrangements as part of its approach to effective, social

:57:17.:57:19.

partnership and is not seeking to change this. Despite this, the Tory

:57:20.:57:27.

Government... This is not the agenda of respect. This is an attitude of

:57:28.:57:32.

contempt towards devolved administrations. I now move on since

:57:33.:57:39.

I have referred to Chekhov. I give way. To offer my honourable friend

:57:40.:57:49.

some support, some 60 local councils and NHS organisations agree with

:57:50.:57:55.

exactly the point he was making on behalf of Wales. The reader of

:57:56.:58:00.

Enfield Council has said it would seem farcical to expect a council to

:58:01.:58:07.

develop efficient organisational structures and deliver million pound

:58:08.:58:11.

services to the public, but deny its writer to set the level of facility

:58:12.:58:14.

time appropriate to meeting these objectives. And the leader of the

:58:15.:58:20.

council has put it very societally and appropriately in the quote that

:58:21.:58:27.

she reads to the House today. I thank my honourable friend. I have

:58:28.:58:37.

seen it from both sides. Most good employers and big companies will

:58:38.:58:40.

tell you that facility time saves them money. The reason why is the do

:58:41.:58:47.

not want hundreds of their employees disrupted and production disrupted.

:58:48.:58:54.

It is clear to me that your side of the Coasters not have any experience

:58:55.:58:57.

of industrial relations or employment practices. If they felt

:58:58.:59:03.

there were some abuse, that could be dealt with. But to legislate to our

:59:04.:59:07.

loyal something of this kind is absolutely shocking. Which is in

:59:08.:59:12.

effect what the Avent is doing. I will give way. Under law, and she

:59:13.:59:20.

and resources director will still have to provide consultation on an

:59:21.:59:26.

individual basis. Through collective consultation, those agreements can

:59:27.:59:29.

be made quickly and the union can commune a kit with their members

:59:30.:59:33.

very quickly and liaise and negotiate with each other. With this

:59:34.:59:39.

legislation, that human resources director will have to go round every

:59:40.:59:42.

single employee. We are talking about the NHS and councils with

:59:43.:59:46.

several thousands of employees. That will cost vast amount of money, take

:59:47.:59:50.

vast amount of time and leave the Government and those employers in a

:59:51.:59:56.

peculiar legal situation when it could be taken to judicial review.

:59:57.:00:03.

My honourable friend brings his vast experience on these matters to bear.

:00:04.:00:09.

Clause nine would ensure that the ban on Chekhov arrangements would

:00:10.:00:13.

also not apply to services which are either wholly or partly devolved.

:00:14.:00:21.

This is now close 14 in the Bill, which would prevent all public

:00:22.:00:25.

sector employers from deducting union subscriptions via the payroll.

:00:26.:00:30.

The proposed ban is clearly designed to target union finances. And to

:00:31.:00:34.

make it harder for individuals, including lower paid workers, to

:00:35.:00:38.

access union representation in the workplace. Under the clause, the

:00:39.:00:42.

Government will be able to introduce regulations imposing a ban on

:00:43.:00:46.

Chekhov arrangements across the entire public sector. They claim

:00:47.:00:51.

that will save taxpayers ?6 million, but many unions already cover the

:00:52.:00:56.

costs for Chekhov services. I will come back to this. There is a real

:00:57.:01:02.

risk that if the ban does come into effect, the Government and hence the

:01:03.:01:06.

taxpayer will incur costs. Potential, the need to compensate

:01:07.:01:12.

members for the loss of contractual rights. In a moment or two. Let me

:01:13.:01:17.

just say one more thing. The proposed ban on Chekhov arrangements

:01:18.:01:22.

has been proposed in consultation with employers. Any engagement with

:01:23.:01:27.

unions or any proper assessment of the impact on employment relations

:01:28.:01:32.

was not included in the Conservative Party manifesto or the Queen's

:01:33.:01:35.

speech and there was no reference to it in any of the consultations or

:01:36.:01:39.

impact assessments which accompanied the Bill. I note the concern

:01:40.:01:43.

expressed by members on the Conservative benches on this in

:01:44.:01:47.

later amendments which will be considered later this afternoon.

:01:48.:01:54.

Which the honourable gentleman agree with me that when many organisations

:01:55.:01:59.

already have a provision to deduct from payroll for credit unions, for

:02:00.:02:04.

charitable giving and many other things, it is an absolute farce for

:02:05.:02:08.

the Government to suggest that it is some kind of burden on organisations

:02:09.:02:12.

to allow trade union deductions to be deducted? To disagree, I think it

:02:13.:02:18.

is a tragedy rather than a farce. I understand the point she is making.

:02:19.:02:25.

I give way. He has already punched holes in the ?6 million figure and

:02:26.:02:28.

the calculation is which underpin it. Does he agree with me that the

:02:29.:02:33.

Government, if it has any credibility, should also estimate

:02:34.:02:37.

for the amount extra that the public sector and taxpayers will be landed

:02:38.:02:46.

with by any increasing unrest and lack of cooperation from the public

:02:47.:02:55.

sector workforce? I do agree. He represents an area where there are

:02:56.:02:59.

many trade union members. He is absolutely right. All I can say is

:03:00.:03:03.

it is shocking the Government has not published those figures. I know

:03:04.:03:06.

the Minister has deep pockets, and he may well have to dip into them

:03:07.:03:11.

when he finds out how much this policy might cost. Was the

:03:12.:03:15.

honourable gentleman attempting to intervene? I thank the honourable

:03:16.:03:20.

gentleman for giving way and would point out that in some cases, as has

:03:21.:03:25.

been pointed out to me, councils actually make money from Chekhov.

:03:26.:03:32.

There are one or two specific examples. Not only do they repay the

:03:33.:03:37.

costs of Chekhov, there is actually extra funding which supports council

:03:38.:03:42.

services. The honourable gentleman is right. As I referred to earlier

:03:43.:03:49.

in his amendment, T has put his finger on something and his

:03:50.:03:54.

intervention now draws it to my attention. That is that the state

:03:55.:03:59.

should not be interfering in this voluntary transaction, entered into

:04:00.:04:03.

freely by parties where it is not illegal or immoral in any sense.

:04:04.:04:07.

What is wrong with an employer either in the public or private

:04:08.:04:13.

sector, in order to maintain good relations with employees,

:04:14.:04:17.

voluntarily agreeing to help collect trade union subscription in exchange

:04:18.:04:20.

for administrative payment? And what other sphere with a Conservative

:04:21.:04:26.

Government legislate to Baron a simple mutually beneficial

:04:27.:04:29.

transaction of this kind? I think the honourable gentleman should be

:04:30.:04:33.

congratulated for actually spotting that floor and that basic issue that

:04:34.:04:43.

is at the heart of this Bill. Can I also disagree slightly with the

:04:44.:04:48.

shadow minister. It is not a tragedy, it is sinister. Any

:04:49.:04:51.

collective bargaining unit where there is a staff Association along

:04:52.:04:54.

with a trade union, the staff association subs will be able to go

:04:55.:04:59.

into the deducted salary but the trade union will not be. Is that not

:05:00.:05:03.

biased? I will not further escalate this dispute is whether it is a

:05:04.:05:10.

first, tragedy or sinister. But the honourable gentleman is absolutely

:05:11.:05:12.

correct. I will give way to my honourable friend. We did raise this

:05:13.:05:19.

in committee in relation to the things that could be collected

:05:20.:05:21.

centrally by a human resource payroll member. Members of staff who

:05:22.:05:28.

are chartered accountants, for example. Or nurses. They are not

:05:29.:05:35.

affected, but the trade union membership would be. It is entirely

:05:36.:05:41.

appropriate for payroll to be used in this way. Often, members pay into

:05:42.:05:45.

a credit union or something through their payroll. These should be

:05:46.:05:50.

encouraged and are good for industrial relations. This ban was

:05:51.:05:56.

not included in the Conservative Party manifesto or the Queen's

:05:57.:06:00.

speech. There was no reference in any of the consultations or impact

:06:01.:06:04.

assessments. I note that the concerns have been heard on the

:06:05.:06:09.

opposite benches as well. It is almost universally opposed, except

:06:10.:06:15.

for the taxpayers Alliance, known colloquially as a tax dodgers

:06:16.:06:18.

Alliance, who gave evidence during the early stages. The Government has

:06:19.:06:25.

failed to give any substantial employer support for proposals.

:06:26.:06:29.

Particularly, the health centre have expressed concern that this

:06:30.:06:34.

undermines positive industrial relations which are vital for

:06:35.:06:40.

delivering public services. We believe these provisions are

:06:41.:06:44.

unnecessary and Draconian and I give notice that we may wish to move our

:06:45.:06:51.

amendment nine litre to a vote. Perhaps at a later time we may wish

:06:52.:06:55.

to ask for a division in relation to amendment nine. I thank my

:06:56.:07:01.

honourable friend for giving way. Well my honourable friend agree with

:07:02.:07:05.

me that this further complicates the situation in the health environment

:07:06.:07:09.

when people pay a leafy not just for the industrial support of the trade

:07:10.:07:13.

union but also a professional levy which goes towards relationships

:07:14.:07:20.

with their work? I think she highlights the lack of thought,

:07:21.:07:24.

consultation and proper scrutiny that has gone into this proposal and

:07:25.:07:31.

it is unravelling by the minute as honourable members bring their

:07:32.:07:37.

expertise forward. I would just like to draw attention to the other

:07:38.:07:43.

amendments, or some of the other amendments that the Scottish

:07:44.:07:50.

national party have brought forward. Some of which were moved at

:07:51.:07:53.

committee stage. I understand they might wish to divide the house on

:07:54.:08:00.

clause two, which is clause is five, six, seven, eight and nine. Given

:08:01.:08:05.

the time, if they do so, we will support them in lieu of our new

:08:06.:08:10.

clauses and in relation to new clause ten. At that point, I think I

:08:11.:08:14.

should allow somebody else and opportunity. We do we start? Trade

:08:15.:08:27.

unions play an important role in protecting the rights of employees.

:08:28.:08:33.

Through their collective power, they have the ability to balance the

:08:34.:08:38.

scales against an employer, who invariably has greater economic and

:08:39.:08:41.

social power than the employees within its workforce. Last week, I

:08:42.:08:45.

met some trade union officials from my constituency and I was struck by

:08:46.:08:50.

the passion and desire they have to do your job in representing others.

:08:51.:08:56.

But therein lies the crux of this legislation. It is the union's job

:08:57.:09:04.

to represent its workforce, and so it actions misrepresent their

:09:05.:09:07.

wishes. It is important is that when a union has the power to bring a

:09:08.:09:13.

school, hospital or factory to a temporary standstill, it actions

:09:14.:09:16.

actually reflect the will of its members. And I say that for three

:09:17.:09:22.

reasons. First call on if I just develop my idle and a little

:09:23.:09:28.

further. Those who suffer most in the striker not employees or

:09:29.:09:32.

employers, it is the public. The employee does not suffer, because

:09:33.:09:36.

any loss of income from the strike may well be covered by the union.

:09:37.:09:42.

The employer does not suffer because he will be paid his salary in any

:09:43.:09:48.

event. It is the public and only the public which suffers. First as

:09:49.:09:53.

consumer, and later, when the Bill comes in, as taxpayer. The public

:09:54.:09:57.

ends up picking up the tab for both sides. In the winter of discontent,

:09:58.:10:02.

the main victims for the low pay offensive in the public service

:10:03.:10:06.

where the old, the sick, the bereaved, children and the poor. The

:10:07.:10:11.

fact it is right that action by a trade union ought to reflect the

:10:12.:10:16.

mood of its members is a point made not only by the side of the House.

:10:17.:10:20.

The need for democratic accountability of the unions was

:10:21.:10:22.

also recognised by the Labour Government. In a White Paper in 1998

:10:23.:10:31.

entitled Fairness And Work, the Labour Government specifically drew

:10:32.:10:34.

attention to the need for accountability. It said laws on

:10:35.:10:38.

picketing on ballots before industrial action and for increasing

:10:39.:10:43.

democratic accountability of trade unions have all helped to improve

:10:44.:10:46.

employment relations. They will stay.

:10:47.:10:51.

For that reason, it is right that this legislation, which is right as

:10:52.:10:57.

a matter of principle, should apply to the whole of the UK if approved

:10:58.:11:05.

by this house. I give way. Of course, that legislation was brought

:11:06.:11:08.

in by the Baroness Thatcher period of government. Is she saying that

:11:09.:11:13.

Baroness Thatcher was wrong or incorrect? Or flawed in anyway in

:11:14.:11:20.

terms of those legislations that she brought in? The legislation that we

:11:21.:11:25.

have at any time must reflect the position that the country finds

:11:26.:11:29.

itself in at the time. This is the place we find ourselves in, this is

:11:30.:11:33.

the legislation that is right for the moment. I press on. I was not a

:11:34.:11:38.

member of the bill committee, but I have read some of the submissions

:11:39.:11:41.

made to the bill committee by the unions on this issue. The Fire

:11:42.:11:45.

Brigades union said that FPU had met the thresholds in its recent

:11:46.:11:55.

ballots. -- FBU. They need not be concerned about this legislation,

:11:56.:11:59.

nor need they be concerned that they do not get the turnout needed on

:12:00.:12:04.

provisions as they currently stand an amended in the bill. Where it is

:12:05.:12:09.

right that action ought to be taken, it is clear this is a needed method

:12:10.:12:13.

of negotiation, they should be confident that their members will

:12:14.:12:18.

take every effort to vote for it. This legislation is simply there to

:12:19.:12:23.

ensure that where there is not such support, the interests of the public

:12:24.:12:28.

are protected and weighed into the balance. The interventions we

:12:29.:12:33.

already have in the debate, it was suggested thresholds have been met,

:12:34.:12:36.

but the bus driver strike earlier this year took place with a turnout

:12:37.:12:42.

of 21%. Inconvenient sing all of those workers attempting to get to

:12:43.:12:47.

work. Transport for London reported there were 6.5 million passengers in

:12:48.:12:51.

London who need to make alternative arrangements. Would my honourable

:12:52.:12:57.

friend give way? I am sure you would agree, these are some of the most

:12:58.:13:01.

vulnerable people in the city on the lowest wages who entirely rely on

:13:02.:13:05.

that transport system. Absolutely right, when there are strikes,

:13:06.:13:10.

low-paid workers had to get alternative childcare, their

:13:11.:13:13.

hospital appointments are affected, and cannot get to work, they also

:13:14.:13:20.

suffer. I continue. Whilst it may be possible to increase methods of

:13:21.:13:24.

voting, we need to ensure there are sufficient safeguards. As I read the

:13:25.:13:30.

amendments put forward, they provide that electronic needs should be

:13:31.:13:34.

provided as is determined by unions. In an area potentially rife with

:13:35.:13:38.

practical concerns, we must be sure, and be certain, that there are no

:13:39.:13:43.

issues before amendments are allowed. Because if the unions have

:13:44.:13:48.

the power to bring major industries to a standstill, they need to

:13:49.:13:52.

exercise that power responsibly and democratically. It is essential that

:13:53.:13:59.

any ballot is seen to be conducted fairly, and transparently. If there

:14:00.:14:06.

is any risk or perceived flaw in the ballot, the legitimacy of the ballot

:14:07.:14:10.

may be in question. The vote that is taken by union members will not

:14:11.:14:17.

garnered the support, public support, and public trust that the

:14:18.:14:21.

representation of the unions demand. It is for that reason that we should

:14:22.:14:26.

pass clauses two and three without amendment at this stage. Your Mac

:14:27.:14:36.

this is a bill that nobody has asked for, and nobody wants. Even the

:14:37.:14:44.

latest polls in the national press to show -- press show there is the

:14:45.:14:54.

gagging bill part two, I think a deputy chairman of the Conservative

:14:55.:14:57.

Party himself said it was about time that we stop bashing the trade

:14:58.:15:05.

unions. But, let's be completely clear. Let me be completely clear on

:15:06.:15:11.

this issue. It is undoubtably a ferocious, full frontal attack on

:15:12.:15:15.

the trade union movement, on members of the trade union, six million-plus

:15:16.:15:27.

members in the trade union movement. I take exception to some comments

:15:28.:15:31.

that have been made, not from everybody on the government benches,

:15:32.:15:36.

but certainly from a number of MPs, who say they want to distinguish

:15:37.:15:39.

between trade union members and ordinary people. Let me tell you, Mr

:15:40.:15:49.

Deputy Speaker, the trade union members are more than ordinary

:15:50.:15:51.

people, they are absolutely fantastic individuals who go the

:15:52.:15:57.

extra mile to try and help colleagues at every opportunity that

:15:58.:16:03.

is required of them. I thank my honourable friend for giving way, a

:16:04.:16:07.

good friend of mine in my constituency is proud of her roots,

:16:08.:16:11.

her mother is Evelyn Allard, one of the Dagenham women who took

:16:12.:16:15.

industrial action in pursuit of equal pay. Do you agree that, in

:16:16.:16:19.

this bill as it stands, some action is prevented from starting, let

:16:20.:16:24.

alone succeeding, and this bill has a pity killer impact on women? --

:16:25.:16:27.

particular impact. I agree on the impact it would have

:16:28.:16:39.

on women in particular, it is a fact, whether we like it or dislike

:16:40.:16:44.

it, that this bill would have a disproportionate negative impact on

:16:45.:16:47.

women in the workplace. That is one of the major issues. Going back to

:16:48.:16:54.

these ordinary people, trade union members are taxpayers. They pay

:16:55.:17:02.

their taxes. Trade union members want their children to get to school

:17:03.:17:05.

in the morning, the argument has been made by a number of people on

:17:06.:17:10.

the government benches. People think trade union members don't have

:17:11.:17:17.

children... ? Wouldn't my honourable friend agree with me that the tone

:17:18.:17:20.

of this debate is similar to what we were talking about with working tax

:17:21.:17:24.

credits? How does this side of the chamber think they can make the case

:17:25.:17:28.

for working people if they are going to be ideological driven around

:17:29.:17:30.

working people, that does not make sense. Let me develop on the

:17:31.:17:40.

comments made, and my contribution. The issue with regards to the bill

:17:41.:17:45.

itself, Mr Deputy Speaker, it is simple, it is gagging Bill part two,

:17:46.:17:50.

about disarming any dissent, especially in the public sector,

:17:51.:17:54.

when we look at thresholds and ballot revisions of agency workers,

:17:55.:17:57.

all of these new clauses and amendments... We begin to form a big

:17:58.:18:05.

picture. It is about criminalising the working people. It is about

:18:06.:18:11.

eradicating any resistance, particularly in the public sector,

:18:12.:18:15.

particularly with women. Low-paid people in the public sector, why are

:18:16.:18:24.

we putting pay restraints on these people and coming up with crazy

:18:25.:18:30.

ideas about stripping family tax credits from hard-working people,

:18:31.:18:33.

and low-paid people, they don't want to give these people the right to

:18:34.:18:39.

fight back. That is what this bill is about. It is about eradicating

:18:40.:18:45.

that dissent while the Conservative government keep their third firmly

:18:46.:18:50.

on the neck of the low-paid who are struggling even to make ends meet.

:18:51.:19:01.

You are right about this, the other disgraceful thing in this bill is

:19:02.:19:05.

that this is a clear attempt to break the elation chip between the

:19:06.:19:08.

trade union movement and this party. It is about undermining those they

:19:09.:19:15.

represent and talk about. It is every man and woman in this

:19:16.:19:18.

country, because if this party is less strong, those people will

:19:19.:19:23.

continue to discriminate against working people. Absolutely, my

:19:24.:19:29.

honourable friend makes an excellent point with regard to provisions in

:19:30.:19:38.

the bill, there has been an agreement gentleman 's agreement for

:19:39.:19:45.

many years, I want to come to an agreement with regard to this, it

:19:46.:19:50.

should be done on a cross-party basis. I think that many of the

:19:51.:19:55.

members on the benches opposite would agree that this isn't a type

:19:56.:20:03.

of bill where we should put in a clause, where it would mean the

:20:04.:20:08.

political party opposite wouldn't have any finances and it would

:20:09.:20:15.

certainly restrict their finances greatly, to fight in the general

:20:16.:20:22.

election. Aside from the dissent, it is dissent from the opposition, they

:20:23.:20:26.

don't even have the finances to fight. It is believing they have the

:20:27.:20:31.

right to rule, not Govan, rule. That is quite different. I am very

:20:32.:20:40.

grateful, my honourable friend, you make a good point. I cannot help but

:20:41.:20:45.

reflect on the comments made from the previous speaker, the honourable

:20:46.:20:49.

lady from Cambridgeshire, who said legislation needs to be appropriate

:20:50.:20:55.

for the time. We are in a time when industrial action in this country is

:20:56.:20:59.

that she at an all-time low. What problem is it that this legislation

:21:00.:21:02.

in terms of industrial action is trying to sort out? I'm aware of a

:21:03.:21:09.

time where more than 1 million people, most of them in work, are

:21:10.:21:13.

claiming family tax credits, a time when more than 1 million people who

:21:14.:21:20.

are in work, they are having to use food banks. It is not about the

:21:21.:21:26.

issue I mentioned with regard to gagging people in dissent, but

:21:27.:21:30.

keeping them quiet. Of course, I give way. As he has gone slightly

:21:31.:21:35.

wider with tax credits and so on, he talks about as putting our foot on

:21:36.:21:40.

the neck of the poor, are we doing that by delivering a record lowest

:21:41.:21:50.

number. That gives me the opportunity that the deputy speaker

:21:51.:21:56.

gave to me over diversifying the contribution, what did the

:21:57.:22:01.

Conservative Party actually have done? They have increased on record

:22:02.:22:08.

levels zero our contracts, low paid work, more apprentices... Moving on

:22:09.:22:12.

from that immediately, it is not anything to do with the bill before

:22:13.:22:16.

you chastise me. With the honourable member accept that the time we are

:22:17.:22:23.

in at the moment is 788,000 days were lost last year in striking

:22:24.:22:29.

action, which, at a time when every party on this house says

:22:30.:22:33.

productivity is key, is essential? If that is the figures, those are

:22:34.:22:38.

the figures. Let me tell the honourable lady that every single

:22:39.:22:42.

one of those days would have been done through a legal process, and as

:22:43.:22:48.

a last resort from individuals who think they need to take industrial

:22:49.:22:58.

action or strike action, their voice can be heard. Anti-union legislation

:22:59.:23:04.

in the Western world, to take a day 's action, or any other kind of

:23:05.:23:09.

action, to go through all the terms of legislation. I give way. He makes

:23:10.:23:16.

an excellent speech, the honourable lady opposite makes comments about

:23:17.:23:19.

statistics and days and hours lost, he will recall from the committee

:23:20.:23:23.

stage that the hours lost in transport for London means other

:23:24.:23:28.

industrial action was the overall majority, due to breakdowns,

:23:29.:23:33.

failures in signals, overcrowding, leaves on the line... Industrial

:23:34.:23:37.

action barely accounted for two or 3% in the last ten years. Is that

:23:38.:23:43.

what we are dealing with today? If you want to talk about productivity,

:23:44.:23:46.

we should look at that issue rather than trying to highlight some name

:23:47.:23:52.

that is not really the problem. If you analyse the number of days lost

:23:53.:23:58.

through industrial action, it is because the negotiators, whether it

:23:59.:24:02.

is the Mayor of London or Secretary of State for Health, they have

:24:03.:24:05.

refused to come to the negotiation table, talk to trade unions, and

:24:06.:24:10.

have spoiled for a strike as we see in junior doctors strike currently.

:24:11.:24:19.

We cannot crush that voice. Of course, I agree with my honourable

:24:20.:24:25.

friend, and as I mentioned earlier on, doesn't anybody want this Bill?

:24:26.:24:31.

Even some of the Tory party major donors have said this is purely and

:24:32.:24:36.

simply union bashing. As my honourable friend, the member for

:24:37.:24:46.

Cardiff West said before, when asked "what is this about?" He said,

:24:47.:24:53.

absolutely right, that is what the Tories do. The Minister opposite

:24:54.:24:57.

said they voted for it in the last election, you did not declare that

:24:58.:25:01.

as a policy prior to the last election, and you did not declare

:25:02.:25:06.

the NHS act, the changes to tax credits, it seems to be if you are

:25:07.:25:10.

so proud about this planned legislation, why did you not declare

:25:11.:25:14.

before the general election? I am not responsible, I want to clear

:25:15.:25:23.

that one up. I'm sure... No, Mr Blenkinsop, let me reassure you, you

:25:24.:25:27.

are wrong, it is not me, it may be the other side, but they actually

:25:28.:25:31.

said you. The other thing is, we need to speak around the amendments,

:25:32.:25:36.

either allowed you because you have been tempted away and I know you

:25:37.:25:38.

want to go back to where you are. I think the reason why my honourable

:25:39.:25:49.

friend was speaking to me was the front bench where having a separate

:25:50.:25:52.

conversation and where not listening to a single word. That is not

:25:53.:25:59.

unusual. But getting back to the Bill. Getting back to the amendment

:26:00.:26:04.

and the new clauses. This Bill is there for three things. It is they

:26:05.:26:09.

are to restrict the right to organise, to restrict the right for

:26:10.:26:14.

collective bargaining and restrict the right for strike action. I was

:26:15.:26:18.

sitting in the Bill, I was not only Bill committee, but I listened to

:26:19.:26:23.

the many arguments and the evidence sessions, which were quite

:26:24.:26:27.

enlightening. I think the minister himself explained that they found it

:26:28.:26:33.

extremely difficult to get anybody who had a clue what the builder was

:26:34.:26:37.

about to come to the evidence sessions. It is mentioned... The

:26:38.:26:45.

chief executive from 2020 Health, with regard to facility time.

:26:46.:26:49.

Facility time is a huge issue in this Bill. As the honourable member

:26:50.:26:56.

for Glasgow South West mentioned before, he asked with regard to

:26:57.:27:00.

facility time, he asked why my honourable friend from Cardiff South

:27:01.:27:07.

West is it right that a Government minister can intervene and dictate

:27:08.:27:13.

facility time in Scotland and Wales? I ask the same question. Is

:27:14.:27:17.

it right that a Government minister intervenes anywhere in the workplace

:27:18.:27:22.

about facility, anywhere in the UK? Because the answer to that quite

:27:23.:27:26.

simply is that it is not right and they should keep out of the

:27:27.:27:30.

workplace with regard to the rights facility. He also referred to that

:27:31.:27:39.

witness who had no idea what life or limb cover was. It has been in

:27:40.:27:47.

existence since at least the early 1980s, if not the early 1970s. The

:27:48.:27:53.

fact that witnesses called by the Government had no idea about

:27:54.:27:58.

long-term, existing legislation just shows you how pull this legislation

:27:59.:28:03.

is and the work of the ministers who have worked on has been poor. In

:28:04.:28:11.

addition, this individual, who runs a health organisation, a private

:28:12.:28:14.

health organisation, the length of the breadth of the UK, when asked if

:28:15.:28:19.

she had read the Bill, she said not really. Well, have you read most of

:28:20.:28:26.

the Bill? Not really. Do you understand what facility time is?

:28:27.:28:31.

Not really. What is facility time? And then, with regards to life and

:28:32.:28:37.

limb, which is integral to trade union law, whereby trade union

:28:38.:28:42.

representatives will if there is a problem, if there is a life and limb

:28:43.:28:46.

issue, will break off industrial action to ensure that people are

:28:47.:28:50.

safe. She did not even understand that. And can I say, she was the

:28:51.:29:07.

best witness they had. Yes. You like thank you my honourable friend.

:29:08.:29:11.

Would you agree with me that the existence of facility time is

:29:12.:29:14.

actually beneficial to the good running of any public authority or

:29:15.:29:18.

business and the erosion of that will cause immense difficulties in

:29:19.:29:23.

of productivity? If new representation cannot be provided

:29:24.:29:30.

for union members in the workplace? Many papers have been presented by

:29:31.:29:37.

professors, doctors, experts with regards to facility time. There have

:29:38.:29:43.

been many battles on industry relations problems. Over many years

:29:44.:29:50.

and decades of decent industrial relations policy, which allows

:29:51.:29:56.

facility time, which could mean health and safety discussions, the

:29:57.:30:00.

avoidance of industrial disputes, the avoidance of the progression of

:30:01.:30:06.

court cases. Facility time is not about people sitting in an office on

:30:07.:30:11.

a telephone, organising disputes. It is about quite the opposite.

:30:12.:30:15.

Facility time is about trying to avoid these. As a former council

:30:16.:30:26.

leader employing thousands of staff, the facility time was

:30:27.:30:30.

actually to cope with all the casework, because the Government at

:30:31.:30:35.

the time was forcing cuts on local government, meaning so many

:30:36.:30:38.

redundancies. We had to triple the amount of casework time, which was

:30:39.:30:42.

crucial for ensuring that terrible period of redundancy was managed in

:30:43.:30:46.

a humane way that helped people. Thank you. Thank you very much. I

:30:47.:30:54.

agree with the sentiments raised by my honourable friend. Facility time

:30:55.:31:02.

is basically within the Bill. If the Government started to say how much

:31:03.:31:07.

and how little individual people should have in terms of facility

:31:08.:31:12.

time, you will see a breakdown of communications between trade unions,

:31:13.:31:15.

the workforce and indeed the employers. And I think in local

:31:16.:31:21.

government and in the NHS, where it is much valued to the benefit of the

:31:22.:31:26.

general public. We have been discussing thresholds. As you said

:31:27.:31:35.

before, thresholds of 40% and 15%. If we have a look at the Cabinet

:31:36.:31:42.

just prior to the election, because Russian Cabinet, if we applied the

:31:43.:31:47.

same sort of rules, not one of them would have been elected. To be fair,

:31:48.:31:58.

we have got to be consistent with regards to thresholds. And we have

:31:59.:32:03.

got to be fair. We have the police and crime commissioners. The average

:32:04.:32:12.

turnout for them was 17%. The Government itself was elected by

:32:13.:32:24.

only 24% of the electorate. A lot of people, or are people saying that

:32:25.:32:29.

people should have the right to govern? I just think that fairness

:32:30.:32:35.

should prevail and that brings me onto the very fact that, with regard

:32:36.:32:40.

to thresholds, if we look at the issue of balloting, there has been

:32:41.:32:47.

many people discussing e-balloting and how that would provide a much

:32:48.:32:52.

bigger turnout. That is what the Conservative Government wants. I

:32:53.:32:56.

think I would agree we want more people to participate in the

:32:57.:33:01.

ballot, hence the issue with thresholds. It is terribly, terribly

:33:02.:33:07.

unfair to suggest that at this stage, it is not a secure way of

:33:08.:33:13.

balloting individuals, because it is. He has been talking about the

:33:14.:33:20.

time we are in. It is clear from the front bench opposite that we are and

:33:21.:33:26.

a time of increased militant activism. We will support all

:33:27.:33:32.

demonstrations of Parliament in the picket line. We have been with you

:33:33.:33:36.

every step of the way. We are trying to protect the public in order to

:33:37.:33:39.

increase accountability and transparency. I certainly do

:33:40.:33:46.

recognise the words of the honourable gentleman, who normally

:33:47.:33:50.

has a much more productive way of addressing issues in the Commons.

:33:51.:34:00.

But with regard to thresholds... We are talking about protecting the

:34:01.:34:04.

public. Remember that when we were fighting to ban the hunting of dogs

:34:05.:34:10.

it was not trade unionists who allowed that through. When they talk

:34:11.:34:13.

about freedom of speech, perhaps they should run some of their own

:34:14.:34:18.

practices of the past. You like a fair point well made by my

:34:19.:34:25.

honourable friend. There are lots of instances and all have been given

:34:26.:34:31.

with regard to the male elections and with regards to e-balloting. I

:34:32.:34:36.

believe in balloting in the workplace or indeed a hybrid to make

:34:37.:34:41.

sure that people actually get involved in these very important

:34:42.:34:49.

ballots. I thank my honourable friend for giving away. What kind of

:34:50.:34:54.

society does my honourable friend think we are moving towards where

:34:55.:35:02.

only the 50% and 40% rule that is proposed, 79% of votes cast in

:35:03.:35:06.

favour of strike action, but such a strike would still be illegal after

:35:07.:35:12.

79% of votes cast in favour. That is absolutely correct. I will talk

:35:13.:35:18.

about that issue briefly with regard to what is on the face of the Bill.

:35:19.:35:24.

The Conservatives are suggesting something that happens nowhere else

:35:25.:35:30.

in society. Those who do not cast their vote will be classified as a

:35:31.:35:35.

no vote. That is outrageous. It is horrendous, it is undemocratic. It

:35:36.:35:40.

is against the European Court of Human Rights' decisions and that

:35:41.:35:49.

will be challenged. I will wind up simply by singing that there is not

:35:50.:35:54.

in my view any place in it today's society for this unbelievably brutal

:35:55.:36:02.

attack on hard working men and women in the workplace. And I predict one

:36:03.:36:08.

thing, that ordinary people, when pressurised to much, you will get a

:36:09.:36:13.

reaction. I predict from the floor of the House of Commons that there

:36:14.:36:18.

will be civil disobedience, because bylaws need to be changed. I speak

:36:19.:36:28.

primarily to amendments 15, 16 and 21 which relate to the causes on

:36:29.:36:36.

thresholds and on the termination of the ballot conclusion. My

:36:37.:36:41.

understanding is that if they were to be added to the Bill, in effect,

:36:42.:36:46.

they would be redundant, because they require agreement by all the

:36:47.:36:54.

devolved authorities. As I said, it was a privilege to serve on the Bill

:36:55.:36:59.

committee. It was my first as a Member of Parliament, and I for one

:37:00.:37:05.

do have an admiration for the union movement and as a new MP, I found it

:37:06.:37:11.

stimulating and interesting to cross-examine the five most powerful

:37:12.:37:16.

union leaders. I shook their hands and Sir Paul Kenny said to me would

:37:17.:37:21.

I like to come and join him on a picket line to find out what it was

:37:22.:37:24.

like. I am not sure which picket line he was referring to. I did a

:37:25.:37:31.

decline on that occasion. Perhaps it was the Chief Whip's. There are many

:37:32.:37:38.

parts to this Bill which I must confess I would not have been an

:37:39.:37:44.

expert in had I not sat on the Bill committee, but I think if you were

:37:45.:37:54.

to talk to him about parts of these Bill and you are not familiar with

:37:55.:37:59.

unionisation, they would not be familiar, and I say that with no

:38:00.:38:04.

disrespect, I recognise how important they are two members

:38:05.:38:07.

opposite, but for most members of the public, the key issue is

:38:08.:38:10.

thresholds will stop because it is about those large strikes that have

:38:11.:38:15.

happened, relatively small in number, but massive an impact, such

:38:16.:38:22.

as the London should strikes. -- London subway strikes. People

:38:23.:38:29.

considering civil unrest... He should go see the London commuters

:38:30.:38:32.

who are trying to find their way onto a bus because the subway is out

:38:33.:38:37.

of action on a ballot brought by Hedman. It is too often we hear the

:38:38.:38:44.

other side talk about the inconvenience of a strike. It can be

:38:45.:38:49.

amazingly disruptive. We need clear accountability to make sure this

:38:50.:38:54.

destruction is minimised. He puts it very well. And I would remind the

:38:55.:39:03.

house that when we took evidence from the general secretary of the

:39:04.:39:07.

community trade union, very busy of course with these difficult times in

:39:08.:39:12.

the steel industry. When asked about thresholds, he said it is about

:39:13.:39:16.

having proper industrial relations and having a partnership approach. I

:39:17.:39:22.

do believe a threshold of 50% is fair and reasonable because that is

:39:23.:39:25.

what we have, that is our democracy. Do you agree? The gentleman has made

:39:26.:39:36.

examples of the fury. I understand that completely. Is he saying that

:39:37.:39:42.

if this goes through and legislation is enacted and a strike then takes

:39:43.:39:46.

place, legitimately that these people will not be furious any more?

:39:47.:39:53.

Is he really saying that? I will just answer that point. If it had

:39:54.:40:00.

taken place with the strong support that would have to be achieved with

:40:01.:40:03.

these regulations, I think the public would at least understand

:40:04.:40:07.

they had the full consent. What they will be angry about is the strikes

:40:08.:40:10.

we heard about from evidence, in front of us from bus, rail companies

:40:11.:40:16.

and others, that from relatively small town, massive disruption was

:40:17.:40:17.

caused. On that point, would you agree that

:40:18.:40:26.

the clauses do not ban or prohibit strikes? What they did do is make

:40:27.:40:32.

sure millions of people who are affected by strikes on public

:40:33.:40:36.

services can be reassured that there is a genuine mandate for that

:40:37.:40:41.

action? He puts very welcome I finish on this point, and going back

:40:42.:40:45.

to the honourable member 41 spec, he asked about support, we heard from

:40:46.:40:50.

the CBI, rail companies, and bus companies, but we hear from the

:40:51.:40:54.

people who use them. It is about this, even Len McCluskey issued a

:40:55.:41:01.

letter to the committee supporting 50%, and it was with e-balloting.

:41:02.:41:05.

There is strong and principled support across the country for

:41:06.:41:08.

changes on thresholds, and I leave it there. Your. I am happy just to

:41:09.:41:19.

take that point. We need to get this right. Are you sure? I need to

:41:20.:41:28.

clarify the point with regard to Len McCluskey, because the United union

:41:29.:41:32.

suggested discussions take place relating to the Prime Minister,

:41:33.:41:38.

suggesting that thresholds would be irrelevant, if, indeed, the

:41:39.:41:43.

government would introduce e-balloting in the workplace, those

:41:44.:41:48.

were the preconditions. I thought it was very given they were mentioned a

:41:49.:41:51.

couple of times, but the best person to take this forward would be the

:41:52.:41:54.

Minister on that, but I'm happy to conclude. Thank you. Thank you Mr

:41:55.:42:06.

Deputy Speaker, during the second reading of this very Bill, I asked a

:42:07.:42:11.

question which, to date, I've had no answer on it. It was simply what

:42:12.:42:17.

problem is this proposed piece of legislation designed to solve? What

:42:18.:42:22.

calamity do we have in our land in the field of industrial relations

:42:23.:42:25.

that means the government of the day must prioritise this piece of

:42:26.:42:30.

legislation? I cannot find any. It is a fact, is it not, that the

:42:31.:42:35.

average worker in the UK now will go on strike for one day every 15

:42:36.:42:40.

years? That seems to me ridiculous that this should be the priority of

:42:41.:42:44.

the government. I believe the only reason it is here with so few

:42:45.:42:50.

members listening opposite in the debate, unfortunately, but it is

:42:51.:42:55.

purely ideological. I don't say or members of the Conservative Party

:42:56.:43:00.

are against trade unions, but there most definitely is a strand that is

:43:01.:43:05.

very an empathetic to trade unions. It seems the ability of people

:43:06.:43:09.

combining in the workforce to prosecute their own rights, it is an

:43:10.:43:19.

impediment on employers, and a hostile attitude to trade unions.

:43:20.:43:23.

Unfortunately for the working people of this country, it is a strand in

:43:24.:43:27.

the Tory party that is in the driving seat of this legislation. It

:43:28.:43:32.

is a great irony, is it not, that in order to do that, they are going to

:43:33.:43:37.

have to have an unprecedented degree of state interference in the affairs

:43:38.:43:42.

of private enterprise. They will have to have state regulation of

:43:43.:43:47.

trade unions which is more akin to a totalitarian then democratic regime.

:43:48.:43:52.

I want to turn and support, in particular, the resolutions put

:43:53.:43:57.

forward in the name of my colleagues, which argued for the

:43:58.:44:00.

requirement for consent from the local and devolved authorities in

:44:01.:44:05.

the UK in order for provisions of this Bill to be -- to be in talented

:44:06.:44:15.

-- implemented. We'd been debating the Scotland Bill, in competencies

:44:16.:44:18.

and authorities that should go to Scottish apartment. We argued that,

:44:19.:44:24.

in fact, it should all be devolved to Scottish parliament, because if

:44:25.:44:27.

we did, then proposals like this would never see the light of day.

:44:28.:44:31.

But we know there is not a majority in this house for this proposal, I

:44:32.:44:35.

want to be clear that what we are arguing today is not that, we aren't

:44:36.:44:39.

arguing for devolution of these powers, but something that goes to

:44:40.:44:43.

the heart of the debate in this country about who runs public

:44:44.:44:47.

services. It has been the will of this Parliament to say that many of

:44:48.:44:50.

our public services should be devolved to local and devolved

:44:51.:44:55.

administrations. Therefore, it is not right for this Parliament to

:44:56.:45:00.

hinder the ability of managers of those services to deliver them, I

:45:01.:45:06.

saying it would interfere and set requirements on the most important

:45:07.:45:09.

resource available to those people, the workforce that work in them.

:45:10.:45:12.

Just because the right honourable member for Uxbridge has a problem

:45:13.:45:17.

managing relations on the London Underground, it should not be that

:45:18.:45:19.

the rest of the country has two suffer. I want to dwell because we

:45:20.:45:26.

have a series of amendments that the consent on these amendments to the

:45:27.:45:30.

bill. I want to talk about this, and I will try not to repeat what has

:45:31.:45:35.

already been said. Firstly, on balloting, the thing that has not

:45:36.:45:40.

come out here is that clearly there is a number of mechanisms in this

:45:41.:45:43.

bill that are designed to make it harder for the trade union to win a

:45:44.:45:47.

ballot and go on strike. Let's be clear, that is what the objective

:45:48.:45:52.

is. But members are mistaken if they think that will make a problem

:45:53.:45:56.

disappear. It seems to me there is a great ignorance in the process of

:45:57.:46:01.

managing industry, amongst the authors of this bill. What often

:46:02.:46:06.

happens is that if something arises that is a concern or dispute among

:46:07.:46:10.

the workforce, members go to their trade union, and the union decides

:46:11.:46:14.

to do something, that can be a way of resolving a dispute and a

:46:15.:46:18.

problem, that actually would be in the benefit of the industry service

:46:19.:46:24.

concerned. By putting an additional measures, what you would do is yes,

:46:25.:46:30.

make it harder for unions to go on strike, let problems fester, and

:46:31.:46:34.

dysfunction continue, and it will not relate to the benefit of the

:46:35.:46:37.

trade industry or service in which is taking place. When the union does

:46:38.:46:43.

pass these hurdles and managed to get a mandate for a strike, that

:46:44.:46:48.

would be a bigger, longer and more vicious strike than it ought to have

:46:49.:46:51.

been, had the matter being attended to at an earlier stage. I content

:46:52.:46:56.

that these measures, which you think are about making it harder for

:46:57.:47:00.

unions to take strike action is, will have a different effect on

:47:01.:47:05.

industrial relations, and make it harder for the management of public

:47:06.:47:08.

and private services to deliver and get consent of the workforce.

:47:09.:47:13.

Another aspect to talk about is facility time, and we should be

:47:14.:47:18.

clear that the wave theory -- the way it has been discussed means some

:47:19.:47:26.

union officials could spend all day winging it to its knees, it is

:47:27.:47:32.

nothing of the kind. - bring it. If you did, for one day, working a

:47:33.:47:36.

public service committee would understand that officials at a local

:47:37.:47:40.

level play an extremely constructive role to the delivery of that

:47:41.:47:45.

industry or service. In many ways, the role can be described as one

:47:46.:47:49.

like a welfare officer, they often help out individual employees who

:47:50.:47:53.

may have problems with work or management, or personal problems as

:47:54.:47:57.

well which are affecting their work. I give way. There was evidence in

:47:58.:48:08.

the Bill committee from the general secretary of Usdaw, which said they

:48:09.:48:11.

were problem-solving is rather than problem causes, would you agree? I

:48:12.:48:17.

would agree wholeheartedly, and I've experienced my entire working life

:48:18.:48:21.

as an employer and employee, that indicates that is exactly the case.

:48:22.:48:27.

Facility time can be a good name for management. It can be a good thing

:48:28.:48:30.

for industry and a good thing for getting things done. Also, on

:48:31.:48:35.

Chekhov, hopefully we would get an explanation in summing up, but how

:48:36.:48:41.

can it be that it is OK for a local authority or health board to have a

:48:42.:48:45.

Chekhov facility voluntarily agreed with its workers to deduct a payroll

:48:46.:48:49.

subscription for a union, how can it be that has to be outlawed or

:48:50.:48:53.

criminalised while at the same time they can do that for the National

:48:54.:48:56.

Trust or any charity or insurance scheme that they wish to? It is,

:48:57.:49:02.

quite friendly, ridiculous. It is punitive in the stream, and very

:49:03.:49:05.

much something that belies the fact that this Bill is an anti Trade

:49:06.:49:11.

Union Bill, despite the title. I hope the National union comes back,

:49:12.:49:15.

if the question is about money and the cost for the public sector,

:49:16.:49:18.

unions would be, I'm sure, happy to negotiate pay. Local authorities and

:49:19.:49:25.

others may be able to make money out of providing the service for payroll

:49:26.:49:30.

Chekhov. Time is short, I know other members want to speak, I want to end

:49:31.:49:38.

with this. If you say that you vote this down, and don't agree that the

:49:39.:49:42.

consent of the London mayor or the Welsh assembly or Scottish

:49:43.:49:51.

Parliament, whoever. This government will force them to do whatever they

:49:52.:49:55.

want, even if it does not make sense for local services. Are you not then

:49:56.:50:01.

entering into uncharted territories, where you are effectively declaring

:50:02.:50:06.

that you are prepared to go to war with the devolved administrations

:50:07.:50:08.

and local authorities in this country whom you have said should be

:50:09.:50:13.

responsible for the very delivery of this service. I want to finish by

:50:14.:50:19.

saying this is one of those things that was in the Conservative

:50:20.:50:23.

manifesto and I don't think you would have expected you would have

:50:24.:50:26.

to open at this, you don't have a mandate for this, and I would ask

:50:27.:50:36.

you at the 11th hour to pull back. For my proud interests... Let me

:50:37.:50:48.

start again, I am very glad that my fellow member has spoken. I want to

:50:49.:50:55.

bring some evidence. He talked about intimidation in workplace ballots. I

:50:56.:50:59.

refer him to the last two workplace ballots run by the National U of

:51:00.:51:05.

Mineworkers in 1981 and 1983, very tense times with 80% turnout, to

:51:06.:51:13.

take strike action to fight against pit closures. More than two thirds

:51:14.:51:17.

of members said no on both of them, where was proof of intimidation

:51:18.:51:21.

there? He also referred to the fact that my party talked about going

:51:22.:51:29.

back to work. The fact is, we don't want these changes. If you had to

:51:30.:51:34.

have these changes, let's be serious about them, we put forward

:51:35.:51:40.

amendments that we did, and also said let's have electronic voting,

:51:41.:51:43.

that is why we put forward amendments that we did. What is

:51:44.:51:48.

quite clear is this is about bias and bop -- blocking people like me

:51:49.:51:52.

from the opportunity to go through the trade union knows meant, getting

:51:53.:52:00.

the support of the trade union, I can come in here and challenge

:52:01.:52:03.

people like you who destroy the things that I believe in. That's

:52:04.:52:11.

what it is about, nothing more and nothing less. Who wants this Bill?

:52:12.:52:15.

Not one person when I was growing up said to me. More pertinent now, the

:52:16.:52:26.

issue on this floor today, not one person has asked me to support what

:52:27.:52:31.

is being done. 431 people have written to me directly, and said I

:52:32.:52:37.

should oppose it. Let me be clear, the employers don't want it, the

:52:38.:52:41.

workers don't want it, and it is quite clear the public don't want

:52:42.:52:45.

it. Let's be clear, if this is forced through, as the honourable

:52:46.:52:49.

gentleman said, we would see more industrial unrest. Victimisation in

:52:50.:52:55.

the workplace went end, health and safety abuses at work went end,

:52:56.:52:58.

described nationwide and come exploitation went end, and

:52:59.:53:02.

frustrated workers will not stand back, no matter what legislation

:53:03.:53:07.

says. You will end up with workers being forced to break laws, and if

:53:08.:53:12.

they are forced to, the work people we represent, I would say to my

:53:13.:53:17.

party and other MPs, if your people say they are going to break that

:53:18.:53:20.

law, we should be a force behind them, because this is nothing more

:53:21.:53:25.

than an attempt to undermine the other members of the house. The

:53:26.:53:30.

party office -- party opposite are abusing the memory of Winston

:53:31.:53:37.

Churchill. We have heard fierce argument today and in committee from

:53:38.:53:41.

those who would seek to exclude some areas of great Britain from the

:53:42.:53:45.

reach of this bill, or who would seek to allow coverage in those

:53:46.:53:50.

areas only with the consent of the bodies to which certain other

:53:51.:53:52.

responsibilities have been devolved. There's nothing in this bill that

:53:53.:53:56.

need cut across the positive relationships we have heard about

:53:57.:54:01.

between unions and relations in government in Wales. There's nothing

:54:02.:54:06.

to stop paid facility time being used to fulfil union duties and

:54:07.:54:11.

represent the working people. Introducing measures that have

:54:12.:54:16.

already been introduced in the civil service, and union duties are still

:54:17.:54:20.

50 old and the filled admirably and adequately in the several surfaces.

:54:21.:54:24.

It is important for the productivity and prosperity of Great Britain as a

:54:25.:54:29.

whole that arrangements pertaining to employment matters are applied

:54:30.:54:32.

consistently across Great Britain. Employers do not see boundaries when

:54:33.:54:40.

engaging start, -- staff. Having different employing laws applying in

:54:41.:54:45.

this situation would produce a complex situation that would involve

:54:46.:54:50.

a great deal of confusion and cost to business. I'm happy to give way.

:54:51.:54:56.

As he said, the bill does not apply to Northern Ireland, these issues

:54:57.:54:58.

are devolved to Northern Ireland. Is he aware of comments of the Minister

:54:59.:55:03.

in Northern Ireland, Doctor Stephen Ferry, who said he does not believe

:55:04.:55:06.

there is this case for winding back the clock on this reform, or it

:55:07.:55:12.

would be supported by the executive of the assembly. Is it a surprise

:55:13.:55:16.

that the National Assembly for Wales and the Scottish Parliament agree

:55:17.:55:19.

with the points made by Northern Ireland? Am sorry we were not able

:55:20.:55:24.

to hear from him directly, I'm sure he had much to contribute. He will

:55:25.:55:28.

be aware there is a particular historical record in Northern

:55:29.:55:32.

Ireland which is why, in long time ago, employment law was devolved to

:55:33.:55:35.

Northern Ireland. That historical record does not apply elsewhere in

:55:36.:55:41.

Great Britain. This is why implement and industrial relations law are

:55:42.:55:45.

clearly reserved matters under the settlements with Scotland, and

:55:46.:55:49.

Wales. It is entirely in order for the government to propose the Trade

:55:50.:55:52.

Union Bill applies to the whole of Great Britain and does not require

:55:53.:55:56.

the consent of the devolved governments or any local

:55:57.:55:57.

authorities. Turning to the detail of that very

:55:58.:56:06.

amendments that have been proposed, firstly in relation to ballot

:56:07.:56:09.

thresholds information and mandates and their consent by devolved

:56:10.:56:13.

authorities, commuters and families all over Great Britain suffered

:56:14.:56:16.

disruption when a local transport provider or a local school and the

:56:17.:56:21.

workers ended go on strike. By increasing the mandate, this Bill

:56:22.:56:24.

will not stop strikes, it may well not even lead to fewer strikes but

:56:25.:56:30.

it will reassure members of the public that strikes are happening on

:56:31.:56:34.

the basis of strong, democratic mandates and that therefore their

:56:35.:56:37.

lives are not being disrupted for no purpose. I am happy to give

:56:38.:56:43.

great... Can I thank the Minister. Several private bus companies in

:56:44.:56:46.

Chester have recently withdrawn rural services. That is

:56:47.:56:49.

inconveniencing commuters in Chester. Why is the Government

:56:50.:56:53.

legislating to stop them doing that? What he will be aware of is people

:56:54.:56:59.

have alternative services and where they do have alternative services,

:57:00.:57:03.

we are not proposing to introduce the higher mandate. We are producing

:57:04.:57:08.

the higher minded when a service is effectively a monopoly in the life

:57:09.:57:12.

of the consumer and that they have no other possibility that they can

:57:13.:57:17.

arrange at short notice. Moving on now to the certification Officer. It

:57:18.:57:23.

is entirely reasonable for a union regulator to mirror the geographical

:57:24.:57:25.

extent of unions themselves. It would be very disruptive to have a

:57:26.:57:30.

single union subject to different regular Tory arrangements in

:57:31.:57:33.

Scotland than the rest of Great Britain. Or worse, -- regular Tory.

:57:34.:57:39.

To be subject in parts of England, it is worth noting that the 1992 act

:57:40.:57:47.

already provides under section 25 430 certification Officer may

:57:48.:57:51.

appoint an assistant certification officer for Scotland and may

:57:52.:57:55.

delegate to the assistant such functions as he thinks appropriate

:57:56.:57:58.

in relations to unions based in Scotland. He talks about trade

:57:59.:58:05.

unions being organised on a geographical basis. Does that mean

:58:06.:58:09.

the educational institutions of Scotland will be exempt from this

:58:10.:58:16.

Bill? The Rob member with whom I have had lively and enjoyable debate

:58:17.:58:23.

in Committee knows that applies in this devolution settlement

:58:24.:58:25.

throughout Great Britain and to all institutions including those that

:58:26.:58:29.

are only active within Scotland. In conclusion on these amendments,

:58:30.:58:35.

Parliament has put in place proper procedures for considering what

:58:36.:58:38.

should be reserved for arrest of Mr and what should be resolved through

:58:39.:58:42.

-- defaults are other measures must. Debates took place yesterday on what

:58:43.:58:46.

should be devolved and reserved to Westminster. Employment and

:58:47.:58:49.

industrial relations law is preserved. Turning now to other

:58:50.:58:54.

balloting methods that have been proposed in amendments from

:58:55.:58:57.

opposition parties... It is vital that union members, employers and

:58:58.:59:00.

the public that union members, employers and the public have the

:59:01.:59:03.

utmost processes as my honourable friend for a part of Cambridge that

:59:04.:59:08.

I forget but it's very people argued so clearly -- very beautiful.

:59:09.:59:13.

Without that the integrity of the whole system would be called into

:59:14.:59:17.

question. Members will not use it, unions will not rely on it and

:59:18.:59:20.

employers in the public will not trust it. That is not in anyone's

:59:21.:59:26.

interest. As I said during public bills Committee, and as the Prime

:59:27.:59:31.

Minister has said also, we have no objections in principle to the

:59:32.:59:36.

introduction of E balloting. I would expect that in some time, maybe five

:59:37.:59:42.

years or ten, the practical objections I am about to outline

:59:43.:59:45.

will indeed have been overcome. It is simply a matter of time and human

:59:46.:59:52.

ingenuity. But there are practical objections and the opposition cannot

:59:53.:59:57.

just dismiss them. The onus is on them in proposing new forms of

:59:58.:00:00.

voting to show that these objections can be overcome. The Speaker's

:00:01.:00:06.

commission on Digital democracy received evidence from the open

:00:07.:00:10.

rights group and I quoted evidence in the second reading debate. Jim

:00:11.:00:15.

Killock the Executive Director of this group also give an interview to

:00:16.:00:18.

the Guardian newspaper in which he stated this in February this year,

:00:19.:00:22.

this is a very hard problem to solve, referring to online

:00:23.:00:27.

balloting, and so far nobody has managed it. Accountability in

:00:28.:00:32.

software systems means a clear audit trail of who did what, which of

:00:33.:00:38.

course would violate the basic question of secrecy, he had the

:00:39.:00:41.

complexity of making sure that internet systems are secured, that

:00:42.:00:44.

the voting equipment can be trusted despite being attached to the

:00:45.:00:48.

internet and that every voter's machine is not being tampered with.

:00:49.:00:52.

Given the vast numbers of machines that are infected by criminally

:00:53.:00:56.

controlled malware and the temptation for somewhere to

:00:57.:01:00.

interfere in an election, internet voting is a bad idea. I am not aware

:01:01.:01:07.

that the gentleman quoted is a Conservative and I am not aware that

:01:08.:01:11.

he supports the Government, I think honourable members opposite instead

:01:12.:01:15.

of shouting at me should perhaps reflect on the objections that have

:01:16.:01:19.

been raised and were with us -- work with us to try and overcome them.

:01:20.:01:25.

Because, we are absolutely open to discussing these practical

:01:26.:01:29.

objections. We are absolutely open to working with the opposition

:01:30.:01:32.

parties and indeed anyone else in society in order to overcome... I am

:01:33.:01:47.

very grateful for him giving way. He has spoken about problems with

:01:48.:01:51.

processes. But we are also talking about some of the most venerable

:01:52.:01:54.

institutions in our country which are trade unions. At this early

:01:55.:02:00.

stage in this Parliament, with five years of important discussions to

:02:01.:02:03.

have with trade unions across the country, on wages, terms and

:02:04.:02:08.

conditions, efficiencies, does the Minister wants to say to trade union

:02:09.:02:12.

leaders that this government doesn't trust them to run a ballot? What I

:02:13.:02:18.

want to say to trade union leaders is that when they can't overcome the

:02:19.:02:22.

objections listed not by me but by experts from groups like the open

:02:23.:02:25.

data group, the Government will be very happy to work with them on them

:02:26.:02:29.

permitting new forms are balloting but until they have done so, we

:02:30.:02:35.

remain to be persuaded. On that point, I would just like to respond

:02:36.:02:40.

to my honourable friend from Huntingdon, he is right that there

:02:41.:02:44.

is no requirement for primary legislation in order to introduce

:02:45.:02:47.

new forms are balloting. It can be done on to power that already exist

:02:48.:02:51.

in section 54 of the employment act of 2004. On that basis, Mr Deputy

:02:52.:02:56.

Speaker, I urge the House to reject the amendment. Can I thank all those

:02:57.:03:02.

members who contributed to the debate? I think there are probably

:03:03.:03:08.

three things that strike out, can I just say gently to the Minister and

:03:09.:03:18.

to the Conservatives? OK, sorry, I am indicating the withdrawal of

:03:19.:03:22.

amendment 15, pushing new Clause to a new Clause ten to and new Clause

:03:23.:03:28.

ten devote, thank you. We now put the question to be moved... Number

:03:29.:03:36.

two. New Clause to be added to the Bill, as many of that opinion say

:03:37.:03:43.

if. Contrary, no. Division, clear lobbies.

:03:44.:05:07.

Order, order. The question is that new Clause two be added to the Bill,

:05:08.:05:33.

for the noes, That is very kind of you! Order,

:05:34.:16:38.

order. The ayes to the right, 268. The noes to the left, 301.

:16:39.:16:51.

Thank you. The ayes to the right, 268, the noes to the left, 301. The

:16:52.:17:11.

noes have it. Unlock. Thank you.. We now come to amendments six, with

:17:12.:17:16.

which it will be considered the new clause in amendments listed on the

:17:17.:17:24.

selection paper. I must say, I thought we won the

:17:25.:17:30.

last debate, but we lost the vote. As Disraeli said, perhaps a majority

:17:31.:17:35.

is its own repartee, but perhaps things will change when discussed in

:17:36.:17:40.

another place. Let me turn to amendments six, which deletes clause

:17:41.:17:44.

nine, and leaves the arrangements as they currently stand. Picketing

:17:45.:17:49.

activities are already heavily regulated in the UK by an extensive

:17:50.:17:54.

range of civil and criminal laws, Unionists must comply with peaceful

:17:55.:18:03.

pickets in section 220 in the Consolidation act, 1992, and operate

:18:04.:18:07.

in accordance with the accompanying code of practice. The Conservative

:18:08.:18:12.

government have failed to demonstrate why picketing provisions

:18:13.:18:15.

in the bill are necessary or justified. The governments own

:18:16.:18:19.

regulatory policy committee concluded that impact assessments on

:18:20.:18:25.

picketing restrictions were not fit for purpose. There have been minor

:18:26.:18:31.

concessions, Mr Deputy Speaker 's, made by the government. I will come

:18:32.:18:36.

onto that later. New provisions go far beyond what is fair or

:18:37.:18:40.

necessary. In fact, a were described by the right honourable member as

:18:41.:18:48.

Franco style, I think that is appropriate by a Conservative

:18:49.:18:52.

member. The clause would introduce new restrictions on picketing

:18:53.:18:54.

activities, trade unions and their members, failure to comply with

:18:55.:18:58.

these overly prescriptive requirement would expose trade

:18:59.:19:02.

unions to legal challenges. Employers would be able to apply to

:19:03.:19:07.

court for injunctions preventing or imposing restrictions on a picket,

:19:08.:19:12.

or even for damages for failing to wear an armband on the picket line.

:19:13.:19:18.

Over the summer, Mr Deputy Speaker, the government ran a short

:19:19.:19:22.

consultation that was utterly insufficient given the scale of

:19:23.:19:34.

changes proposed in the Bill. Even though the governments own impact

:19:35.:19:40.

assessment confirmed this. Carr decided he was unable to make these

:19:41.:19:49.

proposals or recommendations as an shortage, due to the increasingly

:19:50.:19:53.

political environment within which he was operating. Coupled with a

:19:54.:20:00.

body of evidence significant enough to support recommendations for

:20:01.:20:05.

change. I give way. Does my honourable friend see the Rooney in

:20:06.:20:08.

the party of suppose it free marketeers intervening with the

:20:09.:20:12.

contract in agreement with two other parties? I do, I come onto that

:20:13.:20:19.

point when discussing some of the later amendments, and for the

:20:20.:20:23.

moment, I talk about picketing provisions, you are absolutely

:20:24.:20:27.

right. This document also acknowledged that most pickets

:20:28.:20:30.

conform to the guidance set out in the current practice. The review of

:20:31.:20:34.

the government impact assessment also found that" there is little

:20:35.:20:41.

evidence presented that there would be any significant benefits arising

:20:42.:20:46.

from this proposal. In liberty and their briefing for today's debate,

:20:47.:20:53.

"in the absence of any evidence that these changes are needed, these

:20:54.:20:57.

bureaucratic proposals can only be construed as an attempt to create a

:20:58.:21:01.

situation whereby individuals and unions are set up to make mistakes,

:21:02.:21:06.

subjecting them to legal action and making strike action even more

:21:07.:21:10.

expensive and risky than it already is". I give way. Do you share the

:21:11.:21:20.

concerns I have in that we are producing evidence that the

:21:21.:21:23.

picketing arrangements are going to result in increased blacklisting of

:21:24.:21:29.

trade union activists? There is every likelihood of that, I think

:21:30.:21:32.

the Bill committee stages showed that, and were brought out clearly

:21:33.:21:39.

in the evidence. The current law in the UK provides sufficient

:21:40.:21:42.

safeguarding, provisions for police to crack down on legalities, and

:21:43.:21:47.

breaches of the piece, all the while protecting the rights of trade union

:21:48.:21:50.

members to engage in peaceful picketing at the entrance to their

:21:51.:21:55.

workplaces. The measures are not only unnecessary but an affront to

:21:56.:21:59.

democracy. That is why the amendment would remove them from the bill

:22:00.:22:08.

altogether by deleting clause nine. The government introduced minor

:22:09.:22:17.

changes as a result of consultation. During the committee stage of the

:22:18.:22:22.

Bill, it resulted in the government deciding to reverse its position on

:22:23.:22:26.

plans to reduce tighter restrictions on union pickets, as proposed in its

:22:27.:22:30.

consultation over the summer, and granted minor amendments that

:22:31.:22:39.

loosens requirements on picking -- picket supervisors. It is

:22:40.:22:47.

extraordinary that more than 14 days was ever proposed, detailing how

:22:48.:22:51.

they plan to protest, and if they propose to use Twitter and Facebook

:22:52.:22:56.

accounts as part of their campaign. A ludicrous proposal. The government

:22:57.:23:00.

will also not introduce new and criminal offences on picket lines,

:23:01.:23:05.

no direct local authorities to use anti-social behavioural provisions

:23:06.:23:10.

against members participating in protests and pickets. These minor

:23:11.:23:12.

concessions don't go nearly far enough. The Bill contains many

:23:13.:23:19.

Draconian measures that violate Civil Liberties of trade unions and

:23:20.:23:27.

their members. It would restrict abilities on trade unions and their

:23:28.:23:31.

mothers to picket and protest peacefully, undermining civil

:23:32.:23:38.

liberties. I give way. I think it is actually quite regrettable that,

:23:39.:23:41.

having consulted opponents, the government have withdrawn

:23:42.:23:51.

proposals. Having gone away with that, the evidence from the Police

:23:52.:23:55.

Federation and the Association of Chief constables, and senior police

:23:56.:23:59.

officers, I should say, it is clear that this is legislation that even

:24:00.:24:04.

the police do not want. Indeed, they gave evidence at the committee stage

:24:05.:24:09.

of the Police Federation in particular to the fact that they did

:24:10.:24:14.

not want this. My honourable friend is quite right, satire is a powerful

:24:15.:24:19.

tool. Even when the government makes proposals that are beyond satire,

:24:20.:24:25.

apparently, he has done so with remarkable wildcats tweeting.

:24:26.:24:29.

Picketing would only be lawful if they appoint a picket supervisor and

:24:30.:24:33.

notify police of name and contact details for stop supervisors would

:24:34.:24:38.

be required to carry a letter of authorisation which must be shown on

:24:39.:24:42.

demand to employers, that is still the case. Supervisors would also be

:24:43.:24:46.

required, and it is astonishing to note this, they would still be

:24:47.:24:50.

required to wear armbands identifying themselves. Mr Deputy

:24:51.:25:02.

Speaker, the thought liberty would require a person in 2015 to wear and

:25:03.:25:08.

armband and carry a letter of authorisation at the behest of a

:25:09.:25:13.

state in order to exercise their rights does not seem right. I think

:25:14.:25:20.

that they were understating it. Any person, surely, with a feeling for

:25:21.:25:26.

freedom and liberty would feel uneasy at these provisions. They

:25:27.:25:30.

smack of an alien, political culture, to that which whatever our

:25:31.:25:34.

political differences in this place, we normally share a parties

:25:35.:25:40.

in this country. Why do trade unions engaged in a lawful trade dispute

:25:41.:25:45.

deserve to be singled out for what can only be described as an British

:25:46.:25:49.

treatment. I know that many right honourable member 's opposite will

:25:50.:25:54.

be encouraged by their wits to hold their noses and support clause nine

:25:55.:26:00.

in the party interest against their better instincts. But let me say, in

:26:01.:26:04.

terms of freedom and liberty, you can hold your nose all you like, but

:26:05.:26:06.

it still stinks. I thank you for giving way. Do you

:26:07.:26:18.

agree with me that what this bill creates, in effect, is two tears for

:26:19.:26:23.

Civil Liberties and civil rights in this country. One tear much higher

:26:24.:26:26.

in terms of restrictions for trade union members, and another tier for

:26:27.:26:32.

the rest of the population? She is absolutely right. Why is it

:26:33.:26:36.

only trade unions that are being singled out in this way? I think we

:26:37.:26:39.

explored some of the reasons why early on in our debate this

:26:40.:26:45.

afternoon. Mr Deputy big, I would now like to say is in thing about

:26:46.:26:52.

new clause one, which is in the name of the Honourable member for Glasgow

:26:53.:26:56.

South West and his colleagues, which is similar to a new clause which we

:26:57.:27:00.

tabled on the committee, new clause 12. It would insert a ban on the

:27:01.:27:05.

supply of agency workers during industrial action into the Trade

:27:06.:27:09.

Union Bill. Now, the Government we know is planning to remove the bill

:27:10.:27:13.

and agencies knowingly supplying agency workers to replace striking

:27:14.:27:20.

workers. During evidence, the head of policy and recruitment at the

:27:21.:27:24.

recruitment and employment Confederation, who has nearly 3500

:27:25.:27:30.

corporate members, said, we are not convinced of putting agencies and

:27:31.:27:33.

temperate workers into the middle of it difficult industrial workers in

:27:34.:27:39.

the great if agencies, work or their clients. And the professional body

:27:40.:27:46.

for human resources, with around 140,000 members, warned that the

:27:47.:27:50.

Government's plans to reform trade union laws are an outdated

:27:51.:27:55.

response. Given the challenges that employers face today.

:27:56.:28:02.

Thank you for giving way. In the dispute at Northampton Hospital,

:28:03.:28:04.

where the pathologists were locked out of the lab and the trust brought

:28:05.:28:10.

in agency workers at escalated risk to such an extent that samples were

:28:11.:28:16.

not able to be used for testing, therefore isn't it right that agency

:28:17.:28:19.

workers can make things far worse than better?

:28:20.:28:23.

They can make matters far worse. When you actually look at this

:28:24.:28:28.

proposal, alongside clause seven of the bill, it is clear that the

:28:29.:28:32.

introduction of the extended notice period is there to give the employer

:28:33.:28:38.

additional time to organise agency workers. To undermine any industrial

:28:39.:28:41.

action, as well as to be able to prepare for legal challenges. I

:28:42.:28:45.

think you have hit the nail on the head, this is bad for safety. It's

:28:46.:28:51.

bad for service users. It's bad because it could serve to prolong

:28:52.:28:54.

industrial action unnecessarily. It will be bad for the general public.

:28:55.:29:01.

And it will be bad, the members opposite or to care for this, it

:29:02.:29:04.

would be bad for social cohesion in this country. Presumably in the next

:29:05.:29:11.

step they will be getting the DWP sanctioning the unemployed for

:29:12.:29:17.

refusing to act as strikebreakers. Have you also considered that

:29:18.:29:20.

long-term, the resentment that will because in that business will also

:29:21.:29:23.

mean those actions will be for business?

:29:24.:29:28.

He's absolutely right. He knows well and members opposite ought to know

:29:29.:29:31.

that the festering resentment, as a result of this kind of approach to

:29:32.:29:36.

industrial relations, would last for many years. And in some communities

:29:37.:29:42.

would never be forgotten. Now, the TUC is firmly opposed the proposal

:29:43.:29:46.

which in their opinion would breach international law. The IRO has

:29:47.:29:54.

confirmed the hiring of workers to break a strike in what cannot be

:29:55.:29:57.

regarded as an essential sector in the strict sense of the term

:29:58.:30:02.

constitutes a serious violation of the freedom. New clause one would

:30:03.:30:07.

insert a ban on the supply of agency workers during strikes into the

:30:08.:30:10.

Trade Union Bill, and we would therefore be supporting it if it was

:30:11.:30:15.

pushed to division later on. I just want to say a few brief words, and

:30:16.:30:22.

in doing so, phone that I would also want to move for division amendment

:30:23.:30:30.

six. -- and in doing so confirmed. I just want to say a few brief words

:30:31.:30:42.

about amendment five, which would allow checks off where employers and

:30:43.:30:46.

unions agree that they wanted, provided that unions pay for that

:30:47.:30:51.

service. Now, I understand... I think I understand why the

:30:52.:30:55.

Honourable member for Stafford would table an amendment like this. It

:30:56.:31:01.

seems to me that it reflects some of the basic values. We may disagree

:31:02.:31:07.

about some of them, but many of the basic values but I thought were

:31:08.:31:11.

supposed to be in the DNA of his political party. Namely, that where

:31:12.:31:19.

one party is willing, by agreement, to provide a service to another

:31:20.:31:25.

party in exchange for payment, the state should not interfere. Unless

:31:26.:31:27.

it forms some kind of criminal or immoral activity. Now, check off, a

:31:28.:31:36.

voluntary agreement for an employer through its payroll to collect union

:31:37.:31:41.

subscriptions of trade union members who are its employees, is not,

:31:42.:31:46.

despite what the Government seems to think, a criminal or immoral

:31:47.:31:51.

activity. Why on earth would a Conservative government think it is

:31:52.:31:58.

right for the state to prescribe a voluntary agreement between an

:31:59.:32:03.

employer and an employee where there's a payment for that service?

:32:04.:32:07.

I completely understand why he's tabled his amendment. What's wrong

:32:08.:32:11.

with an employer, whatever sector they ring, as part of its attempts

:32:12.:32:16.

to maintain relations with its employees, voluntarily agreeing to

:32:17.:32:20.

help collect the trade union subscription in exchange for an

:32:21.:32:25.

administrative payment. How on earth is it the responsibility of

:32:26.:32:28.

government, particularly a Conservative government, to

:32:29.:32:36.

introduce a provision of this kind? You have anticipated the remarks I

:32:37.:32:42.

would have made, but would you also agree with me that actually, many

:32:43.:32:48.

employers in both private and public sector have expressed how convenient

:32:49.:32:52.

and positive and mutually beneficial this arrangement is, and that they

:32:53.:32:56.

don't see any downside to it whatsoever?

:32:57.:33:00.

He is clearly as baffled as I am as to why the Government are going down

:33:01.:33:10.

this road. It really is quite a quite extraordinary provision within

:33:11.:33:17.

the bill. Can anybody help me on the benches opposite, in what other

:33:18.:33:23.

sphere would be government legislated ban mutually beneficial

:33:24.:33:29.

transaction of this kind? I am waiting to be intervened upon. Who

:33:30.:33:33.

shall I choose on our side? I choose my neighbour first.

:33:34.:33:39.

Thank you for giving way. And also, the absurdity of this when they're

:33:40.:33:44.

rather many similar schemes in place, cycle to work or childcare.

:33:45.:33:49.

It seems extraordinarily discriminatory to be acting in this

:33:50.:33:56.

way. You're absolutely right. It gives

:33:57.:34:02.

further power to the point that I am making and the point at the

:34:03.:34:05.

Honourable gentleman is making by virtue of his arrangement.

:34:06.:34:09.

They differ giving way. Note that nobody on the Government's side can

:34:10.:34:13.

help you with your question. The only reason I could think of is

:34:14.:34:16.

possibly to try and destroy the trade union movement.

:34:17.:34:28.

Well, I'm quite shocked by that accusation from my honourable

:34:29.:34:32.

friend. But, actually, I serious point, there are many colleagues

:34:33.:34:35.

opposite in this house who are members of trade unions on the

:34:36.:34:40.

Conservative benches. It was not so long ago that trade unions, for

:34:41.:34:45.

example, my old union, the National Union of Teachers, used response

:34:46.:34:49.

Conservative members of Parliament back in the day. So, I'm going to

:34:50.:34:55.

give honourable members opposite some benefit of the doubt. I will

:34:56.:34:59.

actually believe for a moment that I don't think the majority of

:35:00.:35:03.

Conservative members opposite want to destroy the trade union

:35:04.:35:08.

movement, because I believe they are democrats and we live in a

:35:09.:35:12.

democratic society. But, what other conclusion could somebody looking at

:35:13.:35:16.

this proposal draw, other than it is there to inflict damage in and

:35:17.:35:23.

illiberal and inappropriate manner on voluntary trade union

:35:24.:35:26.

associations and their voluntary agreements with employers?

:35:27.:35:31.

I thank you, I know in a former life he was a teacher and is making a

:35:32.:35:35.

very good case for his point of view this afternoon. He's obviously a

:35:36.:35:45.

born-again libertarian. But isn't it the crux of his argument that it's

:35:46.:35:49.

for individuals with free information to make a decision as to

:35:50.:35:55.

whether they wish to make a contribution to a trade union? And

:35:56.:35:58.

therefore that is very much part of the spirit of this bill, rather than

:35:59.:36:07.

an element of compulsion. You were talking my language. I

:36:08.:36:10.

absolutely agree with that proposition. Have you read this

:36:11.:36:14.

cause? Do you understand what it actually means? What the Government

:36:15.:36:21.

is doing is banning any opportunity for an individual to enter into an

:36:22.:36:25.

agreement with an employer. And in even the employee from being able to

:36:26.:36:29.

enter an agreement with its workforce of this kind. And even in

:36:30.:36:37.

exchange for ready money. Even when the emperor leaves are paying for

:36:38.:36:41.

that service. They're not giving it away, according to this member, even

:36:42.:36:45.

where it's being paid for. I think I would suggest to the honourable

:36:46.:36:53.

gentleman that I was trying to tease a reaction out of him and I got one,

:36:54.:36:58.

all I would say is have a closer look at what his government is

:36:59.:37:02.

actually doing and what he's actually voting for. A majority may

:37:03.:37:07.

be its own repartee, as Disraeli said, but I don't think Disraeli

:37:08.:37:12.

thought this fitted in with the principles of a 1 nation

:37:13.:37:16.

Conservative Party. Our give way to the honourable gentleman.

:37:17.:37:21.

I am grateful for the honourable gentleman for giving way. He may

:37:22.:37:28.

recall that similar predictions of the death of the trade union

:37:29.:37:32.

movement, and I'm a huge fan and supporter of the trade union

:37:33.:37:36.

movement on this side of the House, where the death of the trade union

:37:37.:37:40.

movement was predicted in earlier legislation. If you think about the

:37:41.:37:47.

early 1980s. The trade unions came through, blossomed and survived. Why

:37:48.:37:51.

do you think that this is the death of the trade unions, when in 13

:37:52.:37:54.

years of Labour government there was no previous legislation?

:37:55.:37:59.

I'm glad that trade unions strongly supported. I would say is this. He

:38:00.:38:06.

should read this particular amendment and he should look at the

:38:07.:38:10.

particular amendment of his honourable friend, which is seeking

:38:11.:38:17.

to, if you like, tease out the fact that this particular part of the

:38:18.:38:23.

bill is particularly illiberal. Our give way, because the honourable

:38:24.:38:28.

gentleman no doubt... He's paid by the word, usually. He's worth it!

:38:29.:38:37.

I can tell the honourable gentleman I have looked at the amendment. In

:38:38.:38:42.

support of my friend from Peterborough who made the point that

:38:43.:38:45.

an individual may want a contract with his employer, this talks about

:38:46.:38:50.

the trade union contracting on behalf of employers, which is a

:38:51.:38:53.

rather different point. He doesn't understand trade unions

:38:54.:38:57.

are democratic organisations. They do things and behalf of their

:38:58.:39:01.

members because they are elected and chosen to do so as voluntary

:39:02.:39:06.

organisations. There is no attack on the individual and I think, and

:39:07.:39:11.

usually for him, his intervention is: Specious.

:39:12.:39:16.

I wonder if my right honourable friend members the promise of a

:39:17.:39:21.

bonfire of red tape. Does he believe that this is less or greater

:39:22.:39:25.

bureaucratically for employers and trade unions?

:39:26.:39:34.

Well, I think the one regulation in and out, so-called rule, but his

:39:35.:39:39.

department has is not being followed in the case of trade unions.

:39:40.:39:44.

Clearly, regulation trade unions is not considered to be regulation at

:39:45.:39:48.

all in relation to this. It is an extraordinary of regulation.

:39:49.:39:53.

I thank my honourable friend for giving way. Does he agree that his

:39:54.:40:01.

end to move... Move to end check off that like the ban is likely to

:40:02.:40:07.

extend to other schemes. Yes, I do agree. Other members have

:40:08.:40:11.

made that point. She is absolutely right to emphasise it. Our give way

:40:12.:40:16.

one last time, then I will try to conclude.

:40:17.:40:21.

I'm grateful. The intervention from the Honourable member opposite, she

:40:22.:40:26.

really give the way how the Conservatives are prepared to

:40:27.:40:30.

downplay pinhead in order to support this piece of legislation. To

:40:31.:40:35.

suggest that an employer would be better off to individually contract

:40:36.:40:40.

with each individual employee in order to collect their union fees,

:40:41.:40:45.

rather than to do it collectively through the trade unions is

:40:46.:40:49.

completely crazy. The honourable gentleman referred to

:40:50.:41:00.

our Catholic backgrounds and is referring to Saint Thomas Aquinas

:41:01.:41:02.

when he talks about dancing on a pinhead. He perhaps did not know

:41:03.:41:09.

that he was, possibly! 'S theological education was

:41:10.:41:15.

obviously... Missing something... But he said dancing on the head of a

:41:16.:41:21.

pinhead to try to justify an unjustifiable provision within this

:41:22.:41:26.

bill. I will simply say this. Given that no honourable member opposite

:41:27.:41:29.

can understand why you would want to ban the simple mutually beneficial

:41:30.:41:34.

voluntary transaction of this kind which involves the payment of a

:41:35.:41:39.

service from one party and its representatives to another I would

:41:40.:41:41.

simply say that I congratulate the honourable gentleman. And on his

:41:42.:41:47.

amendment. Because in its basic decency it has unmasked a

:41:48.:41:53.

fundamental liberalism at the heart of this bill. I will give away.

:41:54.:42:01.

Thank you. Many of the arrangements are also contractual so removing

:42:02.:42:04.

them will cost the employer significant amounts, estimated at ?6

:42:05.:42:10.

million, I understand. So much for the party of business, imposing

:42:11.:42:15.

costs in this manner against businesses who have entered into

:42:16.:42:19.

these voluntary agreements! I congratulate the honourable

:42:20.:42:21.

gentleman for his amendment. In its basic decency and has an masked a

:42:22.:42:29.

fundamental illiberalism in the bill. It is thoughtful rather like

:42:30.:42:37.

the honourable gentleman himself. The question is that amendment six

:42:38.:42:43.

be made. Thank you Mr W speaker, the Trade Union Bill was my first

:42:44.:42:46.

experience of a public Bill committee. Sessions were lively and

:42:47.:42:50.

often educational like the previous speech we've just heard. Especially

:42:51.:42:55.

the bit about Saint Thomas Aquinas, greatly enjoyed on all sides of the

:42:56.:43:00.

House. As a former public sector worker 17 years I know what it is to

:43:01.:43:07.

cross a picket line. I enjoyed questioning union greats, including

:43:08.:43:12.

Len McCluskey. Today, those on this side of the house have been called

:43:13.:43:18.

Dickensian, Stalinist, Draconian yet many of us believe firmly that trade

:43:19.:43:23.

unions are valuable institutions in British society. It is vital that

:43:24.:43:27.

the repairs and accurately the views of their members. This bill aims to

:43:28.:43:33.

ensure that hard-working people are not disrupted by and supported

:43:34.:43:39.

strike action. But it is the human rights considerations in the Bill

:43:40.:43:42.

which have been of particular interest to me, the rights of

:43:43.:43:46.

workers to make their voices heard of course important, and striking is

:43:47.:43:52.

recognise that it is part of the recognise that it is part of the

:43:53.:43:59.

armoury of trade union law. Article 11 of the convention on human

:44:00.:44:04.

human rights provides everyone the human rights provides everyone the

:44:05.:44:06.

right to peaceful assembly and freedom of association with others

:44:07.:44:13.

including the right to form and join trade unions for the protection of

:44:14.:44:18.

the interests. It is however important to recognise that Article

:44:19.:44:21.

11 is a qualified right, proportionate restrictions on its

:44:22.:44:26.

exercise... Thank you for giving way. Does the honourable lady comic

:44:27.:44:30.

is she aware of the letter that the Prime Minister sent to ministers

:44:31.:44:38.

just days ago, with regards to the change, sneaking another letter out,

:44:39.:44:44.

change informing ministers that they can now ignore international law,

:44:45.:44:48.

does not have anything to do with this issue? I am not aware of that

:44:49.:44:56.

matter. I am aware that there is a debate on this issue. What I'm

:44:57.:45:00.

talking about is the European Convention. There is no proposal

:45:01.:45:05.

from this side of the house to derogate from the European

:45:06.:45:08.

Convention at any time in the future as far as I am away. I think the

:45:09.:45:12.

honourable lady forgiving way. She talks greatly about human rights and

:45:13.:45:17.

the European convention. And she helped me and tell me where in

:45:18.:45:21.

Article 11 it talks about armbands and letters of authority? I would

:45:22.:45:28.

like, with your leave Mr Deputy Speaker, to come onto armbands.

:45:29.:45:35.

Article 11 allows for proportional restrictions, I'm referring to

:45:36.:45:38.

Article 11 two, which states that, can I read it? No restrictions shall

:45:39.:45:43.

be placed in the exercise of these rights other than such a prescribed

:45:44.:45:50.

by law and necessary in a democratic society. The European Court of Human

:45:51.:45:54.

Rights has repeatedly acknowledged that it is legitimate for the

:45:55.:45:59.

government to impose conditions on the right to strike, where there is

:46:00.:46:03.

evidence that that is justified. As recently as last you, the European

:46:04.:46:07.

Court of Human Rights acknowledges that it is legitimate for the UK

:46:08.:46:12.

Government to legislate to impose conditions on Article 11. Let me

:46:13.:46:17.

finish my point, if I may. The court has also acknowledged that the

:46:18.:46:21.

government has a wide margin of appreciation in deciding how to

:46:22.:46:26.

legislate. In particular clause nine, as we've heard, introduces a

:46:27.:46:30.

set of requirements on the supervision of picketing following

:46:31.:46:33.

sensible concessions that were made by the minister following the

:46:34.:46:37.

consultation period. The picket supervisor will need to wear a

:46:38.:46:41.

badge, and armband, or other item, to ensure that they are easy to

:46:42.:46:49.

identify. This is hardly onerous. I will give way to the honourable

:46:50.:46:53.

lady. I am grateful to the honourable lady forgiving way. She's

:46:54.:46:58.

referred to Article 11 .2, which sets out the articles that state

:46:59.:47:09.

whereby that prevention of association may happen. We have

:47:10.:47:13.

heard about is the temporary inconvenience that strikes cause and

:47:14.:47:18.

that is not listed in this article. I do not believe that the wearing of

:47:19.:47:23.

a badge or an armband is owner is in the way that the honourable lady

:47:24.:47:27.

suggests. It is something that unions widely do already as part of

:47:28.:47:32.

the code on picketing. That code says that everyone should wear an

:47:33.:47:36.

armband. I am somewhat bemused by this stage of the argument. And the

:47:37.:47:45.

briefs provided by Amnesty and Liberty on this. Both these

:47:46.:47:51.

organisations are excellent human rights organisations that undertake

:47:52.:47:54.

extremely important work across the world dealing with executions and

:47:55.:47:58.

torture is. Yet for them, the wearing of an armband by one person

:47:59.:48:02.

said that they are identifiable during a strike presents a big

:48:03.:48:06.

issue. I just don't agree with theirs. We are not asking everyone

:48:07.:48:11.

taking part in a strike to wear an armband. We simply asking for the

:48:12.:48:16.

organiser of a particular event to wear one, to identify themselves. I

:48:17.:48:22.

will finish, if I may. That seems to me to be an entirely reasonable, and

:48:23.:48:25.

more importantly, proportionate measure. There is clear public

:48:26.:48:34.

interest in ensuring that trade unions take responsibility for the

:48:35.:48:37.

conduct of the bigots they organise. It is fair that the rights of those

:48:38.:48:42.

belonging to unions are balanced with the rights of hard-working

:48:43.:48:47.

taxpayers, including those in my constituency, who rely on key public

:48:48.:48:55.

services. Doctor Lisa Cameron. Thanks, Mr Deputy Speaker. I declare

:48:56.:49:01.

an interest as a member of the union and prior union representative for

:49:02.:49:07.

14 years. I wish to speak of clauses one, three, and four, and amendments

:49:08.:49:17.

27, 28, 37, 35, 26, 24, 2311, 36, and 35, in my name and that of my

:49:18.:49:24.

honourable friends. These amendments cover a variety of areas in the

:49:25.:49:28.

build-up pose difficulties for public sector workers. The SNP will

:49:29.:49:34.

focus on the new clauses on agency workers and political funds. New

:49:35.:49:40.

clause one attempts to retain the ban on agency workers during strikes

:49:41.:49:46.

within primary legislation. In the UK legislation banning the use of

:49:47.:49:50.

agency workers to break strikes has been in place since 1973. The

:49:51.:49:55.

position is in line with the majority of other European countries

:49:56.:50:00.

which also prohibit or severely restrict the use of agency workers

:50:01.:50:02.

during industrial disputes. Removing the span would have significant

:50:03.:50:09.

implications for all workers. Public opinion polls also indicate that

:50:10.:50:13.

changes of this nature are not supported by the majority of the

:50:14.:50:18.

general public. As such, the SNP support the adoption of the new

:50:19.:50:21.

proposed clause one, which aims to retain the ban on the use of agency

:50:22.:50:28.

workers during strikes within a primary legislation. Although the

:50:29.:50:31.

bill does not specifically include provisions for the stability of the

:50:32.:50:34.

government have been consulting on draft legislation which would allow

:50:35.:50:38.

this. Therefore adoption of this proposal would be a fail-safe

:50:39.:50:41.

against this occurring in the future. I will give way. I thank my

:50:42.:50:47.

honourable friend for giving way. Does she agree that part of the

:50:48.:50:51.

difficulty with this is that the penalties at this moment for an

:50:52.:50:55.

employer hiring agency workers to break strikes is very weak, and this

:50:56.:50:59.

is why we need primary legislation to be put in place to stop this

:51:00.:51:06.

practice. I do agree with that as I stated. And I think it's extremely

:51:07.:51:11.

important also in terms of safety and it's also a safety concern to

:51:12.:51:15.

the public, as I will come to discuss. Repealing the existent

:51:16.:51:22.

probation on hiring agency staff to replace workers taking part in

:51:23.:51:24.

industrial action undermines the right to strike. It reduces the

:51:25.:51:28.

impact of strike action and upsets the power balance between workers

:51:29.:51:33.

and employers. It is also argued that in terms of dispute

:51:34.:51:37.

resolution, it is relatively ineffective. As it serves only to

:51:38.:51:43.

prolong the dispute, delay resolution and embittered industrial

:51:44.:51:47.

relations. At a time when we are trying to encourage the living wage,

:51:48.:51:51.

it is also likely that this will drag down pay and working conditions

:51:52.:51:54.

for workers right across the country. It could have adverse

:51:55.:52:00.

implications for the agency workers themselves, is that places them in a

:52:01.:52:05.

stressful environment. Introducing inexperienced workers to take on the

:52:06.:52:09.

role of the permanent workforce, in a workplace that are not familiar

:52:10.:52:13.

with, also has significant implications for health and safety

:52:14.:52:19.

and quality of services. This would impact both upon those workers and

:52:20.:52:26.

also for the public at large, who may utilise these services. These

:52:27.:52:32.

appear to be matters of medical concern to the public. With a recent

:52:33.:52:36.

YouGov opinion poll finding that, of those surveyed, six to 5% were

:52:37.:52:43.

against bringing in temporary agency workers to break public sector

:52:44.:52:46.

strikes. With more than half saying they thought this would worsen

:52:47.:52:51.

services and have a negative impact upon safety. Only 8% indicated that

:52:52.:52:57.

they believed that hiring agency workers during strikes would improve

:52:58.:53:02.

services. Unlike the UK Government, the SNP believe in a modern,

:53:03.:53:07.

progressive approach to industrial relations, and to trade unionism,

:53:08.:53:12.

which is at the very heart of being able to achieve their work. We

:53:13.:53:16.

recognise that no one wants strikes but the way to avoid them is not to

:53:17.:53:22.

provoke confrontation by legislation, by legislating them out

:53:23.:53:26.

of existence. The right way is to pursue a relationship in partnership

:53:27.:53:31.

with both workers and employers, based on respect and cooperation.

:53:32.:53:39.

Will my honourable friend give way? I will indeed. Would it not be

:53:40.:53:43.

better for this government to value the work of public sector workers in

:53:44.:53:46.

particular rather than undermining what they do by bringing in agency

:53:47.:53:52.

workers to break strikes? Indeed I agree with the statement my

:53:53.:53:56.

honourable friend has made. I would say that workers who feel valued are

:53:57.:54:00.

more likely to increase productivity and to boost the economy. New clause

:54:01.:54:07.

three would provide that before the government could introduce a bill

:54:08.:54:09.

that would affect trade union political funds, they must first

:54:10.:54:14.

publish a statement specifying whether the bill was being

:54:15.:54:18.

introduced with or without agreement of all political parties represented

:54:19.:54:21.

within the House of Commons. The aim is to encourage the government to

:54:22.:54:26.

seek political consensus with other political parties before introducing

:54:27.:54:31.

legislation that interferes with a union's ability to engage

:54:32.:54:36.

politically. Unions which wish to contribute to political parties or

:54:37.:54:40.

engage in certain political activities as defined by section 72

:54:41.:54:47.

in 1992 must establish a political fund. Before doing this unions are

:54:48.:54:51.

legally required to ballot their members to ask whether they agree to

:54:52.:54:55.

the union maintaining a political fund through a political fund

:54:56.:55:01.

resolution. Torsten would restrict union's rights to freedom of

:55:02.:55:05.

association and ability to engage in political debates. These provisions

:55:06.:55:10.

will also place huge administrative burdens on unions and may reduce the

:55:11.:55:14.

level of contributions raised. As has been the case in Northern

:55:15.:55:18.

Ireland. Currently union members have the right to opt out of these

:55:19.:55:22.

restrictions being used for political fund purposes. They are

:55:23.:55:28.

not required to read new option, the proposals set out in clause ten also

:55:29.:55:33.

exceed duties which apply to companies making political

:55:34.:55:37.

donations. It is widely known that opt-in the process is widely known

:55:38.:55:39.

that opt-in the processes reduce participation. Amendment 20 76 to

:55:40.:55:47.

remove clause ten from the bill completely, -- Amendment 27. It will

:55:48.:55:51.

undermine freedom of association. Amendment one from Douglas Carswell,

:55:52.:55:57.

the Ukip MP would give the members the right to direct the union to

:55:58.:56:00.

make two nations directly to a blood or party of their choice rather than

:56:01.:56:04.

contributing to the union political fund. We oppose this amendment as it

:56:05.:56:11.

is simply a conduit to act for political to nations. All donations

:56:12.:56:15.

have the right to decide to donate to a party of their choice. Unions

:56:16.:56:18.

cannot be required by law to associate with any political parties

:56:19.:56:24.

whose values are not consistent with those of the union. I will give way.

:56:25.:56:32.

Depending on which union your ring, the point of political forms, the

:56:33.:56:46.

legislation doesn't even take into... The legislation doesn't

:56:47.:56:53.

recognise them. My right honourable friend makes an

:56:54.:56:57.

excellent point and I would also state, in addition to that, that we

:56:58.:57:03.

heard a number of testimonies during the Bill committee to state the good

:57:04.:57:08.

work that unions also contribute in terms of political donations to

:57:09.:57:15.

campaigns. Amendments 11, 12, 13 attempts to limit the ability of

:57:16.:57:19.

ministers to use their powers in the bill. Because the powers are in

:57:20.:57:25.

breach of treaty obligations by stating powers cannot be used unless

:57:26.:57:29.

they are compatible with treaty obligations, those allowing and of

:57:30.:57:34.

the council of Europe and the ILO. -- those are compatible with treaty

:57:35.:57:36.

obligations, those allowing and of the council of Europe and the ILO.

:57:37.:57:39.

-- those arising under the council of Europe. It will reduce the

:57:40.:57:42.

capacity of trade unions to resolve disputes in the workplace before

:57:43.:57:46.

they escalate. According to the TUC, there is a risk that the proposal

:57:47.:57:50.

for a cab would conflict with union law which protects the rights of

:57:51.:57:55.

health and safety wraps to be paid time off for their duties and

:57:56.:58:01.

training. -- health and safety representatives. Even under general

:58:02.:58:09.

information and consultation arrangements covered by the

:58:10.:58:12.

information and consultation of employees regulations. Amendment 35

:58:13.:58:20.

and 36 attempts to limit the ability of ministers to use their powers in

:58:21.:58:25.

the bill, because the powers are in breach of treaty obligations by

:58:26.:58:28.

stating that they cannot be used unless they are compatible with

:58:29.:58:32.

treaty obligations, those arising under council of Europe and I are

:58:33.:58:38.

low. Clause 14 will prevent all public union employers from

:58:39.:58:43.

conscripting to payroll. This will make it harder for paid workers to

:58:44.:58:49.

access union representation in the workplace. The TUC is also concerned

:58:50.:58:53.

that clause 14 will only apply to trade unions and not staff

:58:54.:58:57.

associations. This just the Government works to make it harder

:58:58.:59:00.

to join trade unions and access the benefits of trade union membership.

:59:01.:59:06.

Including a effective representation in the workplace, and specialist

:59:07.:59:10.

advice on employment rights, health and safety, and other work-related

:59:11.:59:15.

issues. Under clause 14, the Government will be able to introduce

:59:16.:59:19.

regulations including a ban on check off arrangements, across the entire

:59:20.:59:25.

public sector. The plans in particular to oppose changes to

:59:26.:59:28.

collective agreements voluntarily agreed by employers and unions do

:59:29.:59:33.

not comply with ILO standards. The Minister made it clear that during

:59:34.:59:36.

evidence sessions that the Scottish Government does not support the

:59:37.:59:41.

proposed ban on check off arrangements. And in recent weeks,

:59:42.:59:47.

more than 50 local authorities, NHS, employers and employer

:59:48.:59:51.

organisations have criticised the Government's plans to ban the check

:59:52.:59:54.

off arrangements in the public sector. The Government claims this

:59:55.:00:01.

would save taxpayers to ?6 million. However, many unions already cover

:00:02.:00:05.

the costs for check off services as has been discussed. In some cases,

:00:06.:00:14.

fees paid to generate a net income. The other issue raised was a great

:00:15.:00:16.

concern that we hold challenges to the Government who actually close

:00:17.:00:24.

the public purse. Amendment five would provide that a ban on check of

:00:25.:00:30.

arrangements would not apply in public sector workplaces where the

:00:31.:00:33.

employer and where relevant unions have agreed. We support this

:00:34.:00:39.

amendment. In concluding, this is about people, their lives, their pay

:00:40.:00:44.

and their conditions. It's about their safety in the workplace. It

:00:45.:00:48.

deserves to be paid the utmost respect by all sides of this

:00:49.:00:52.

chamber. Point of order. Just to place on

:00:53.:01:02.

record, I am a member of Unite union and the National union of mining

:01:03.:01:09.

workers, just for The Record. We are extremely grateful. It falls

:01:10.:01:13.

to each member to declare his or her interests as that member sees fit.

:01:14.:01:21.

I'm very grateful. 24 rounding matters off in that way. Deeply

:01:22.:01:30.

obliged. I rise to speak to amendments number

:01:31.:01:36.

five in my name and my honourable friend for Stevenage, how to price

:01:37.:01:43.

and Howden. I do so with a heavy price. If you look at clause 14, to

:01:44.:01:48.

which a amendment five relates, you'll see that it is entitled

:01:49.:01:54.

Prohibition On A Deduction Of Union Conscription Is From Wages In Public

:01:55.:02:00.

Sector. As a conservative, I am not greatly in favour of prohibition of

:02:01.:02:04.

many things, certainly not of this. Added to the fact that this clause

:02:05.:02:08.

was not in the second reading, and therefore we did not have a debate

:02:09.:02:13.

on it in the second reading, iron disappointed that it's been brought

:02:14.:02:17.

forward. But because it has been brought forward, I wish to speak and

:02:18.:02:22.

amend my amendment. One thing we have to bear in mind, when you

:02:23.:02:27.

introduce a prohibition, is what the penalties? Let's say that a union

:02:28.:02:31.

and an employer decides that this kind of arrangement is so important,

:02:32.:02:36.

and it's so difficult to unwind, that they're not prepared to do so.

:02:37.:02:40.

And they go on doing so. What will happen to them? Are the police going

:02:41.:02:46.

to... Will they get a fine, the employer and union? If you have a

:02:47.:02:50.

prohibition you must have some way of enforcing it. In my view, there

:02:51.:02:54.

is no sensible way of enforcing this kind of prohibition on what is a

:02:55.:02:59.

relatively, in my view, sensible arrangement between an employer and

:03:00.:03:06.

union. The agreements... This is an agreement, let's be clear. We are

:03:07.:03:10.

talking about an agreement between an employer and a union. We're not

:03:11.:03:14.

talking about something imposed upon an employer or a union. It's a

:03:15.:03:19.

partnership. In my view it's something generally positive and

:03:20.:03:21.

enables people to work together, which is surely what all of us are

:03:22.:03:26.

here to encourage. Nobody's required to do this. And if my amendment were

:03:27.:03:34.

to be accepted by the Government at some point, then the cost would be

:03:35.:03:38.

be invest. It would be required to be reimbursed. -- the cost would be

:03:39.:03:47.

reimbursed. Including my own county of Staffordshire where there is a

:03:48.:03:53.

good union. I have supported the amendment

:03:54.:03:56.

because my understanding is that local authorities and such

:03:57.:04:00.

organisations would be able to charge a commercial rate to recover

:04:01.:04:03.

those costs. Yes, and they do. I understand, as I

:04:04.:04:09.

mentioned earlier, that in some cases I believe they make a surplus

:04:10.:04:14.

from it which goes towards assisting with the council's services or

:04:15.:04:23.

whatever public service it is. It's also something which singled out

:04:24.:04:27.

union subscriptions. There is no prohibition on other deductions for

:04:28.:04:32.

which there may not be compensation to the employer, like has been

:04:33.:04:39.

mentioned on season tickets or professional fees. I would, with

:04:40.:04:42.

your permission, point out that even on my payslip, as a member of

:04:43.:04:47.

payslip, the top deduction every month is a member's fund of ?2. That

:04:48.:04:59.

is a deduction, unless it is a member of Parliament. But I do think

:05:00.:05:04.

it is. I think other people have made the case much more eloquently

:05:05.:05:08.

than I have. I didn't want to detain the House.

:05:09.:05:21.

He is making a detailed case. Given what he just said, if the Minister

:05:22.:05:26.

is unwilling to accept this amendment, does he think we ought to

:05:27.:05:30.

be testing the view on and this evening?

:05:31.:05:39.

There are other places in which this can happen, but I would encourage

:05:40.:05:42.

this to be taken forward because I don't want to see this clause

:05:43.:05:47.

unamended in an act of Parliament signed by Her Majesty. I would just

:05:48.:05:54.

like to quote somebody who I greatly admire. In most parts of the world,

:05:55.:05:57.

the suggestion that someone might be both conservative and 's liberal is

:05:58.:06:04.

viewed as absurd. In the UK there is no finer or more established custom

:06:05.:06:11.

than that of freedom and of the law. That's why an Anglo-Saxon country's

:06:12.:06:18.

conservatism is freedom's Dowty defender and a white conservatism is

:06:19.:06:21.

given its moral purpose. Those are the words of my friends the Right

:06:22.:06:26.

honourable member for Grantham and I entirely agree with him.

:06:27.:06:32.

I thank you for giving way. There are echoes of this speech. Do you

:06:33.:06:35.

agree with me that there are echoes of this speech of the lobbying act

:06:36.:06:40.

where charities were almost prescribed for doing what they

:06:41.:06:44.

believe was the right thing to do? Not only echoes from the attempt to

:06:45.:06:49.

change or alter the Human Rights Act as well. It feels like there's a

:06:50.:06:54.

creepy sense of authoritarianism, which I don't believe members here

:06:55.:06:58.

agree with. It feels creepy. I'm not sure I highly agree with

:06:59.:07:03.

you, although I respect you. I think the legislation he referred to was

:07:04.:07:08.

passed in a previous Parliament and I would be interested to see whether

:07:09.:07:12.

the chilling effect, which was so often stated, it would have on the

:07:13.:07:16.

general election campaign in 2015. Whether that have happened or not,

:07:17.:07:20.

we ought to have a review of that piece of legislation. I think that's

:07:21.:07:25.

very important. As far as the Human Rights Act is concerned I have made

:07:26.:07:28.

my views clear that we ought to remain a member of the European

:07:29.:07:32.

Convention on Human Rights and I hold for that. -- hold to that. But,

:07:33.:07:43.

I would just urge the Minister to have another look at this and to

:07:44.:07:50.

come forward with some proposals to allow people who want to work

:07:51.:07:54.

together in this sort of format paying the right costs to do so.

:07:55.:08:05.

I would have selected a clone interest as a proud member of the

:08:06.:08:12.

community union. You can imagine the strength of feeling in my

:08:13.:08:15.

constituency and the amount of correspondence I am receiving in

:08:16.:08:18.

opposition to this unjust and vindictive bill. What is needed now

:08:19.:08:24.

is a cultural change in Britain's industrial revelation. They move

:08:25.:08:27.

away from the Punch and Judy style that has evolved, thanks to

:08:28.:08:30.

legislation such as that we are discussing today. There is an urgent

:08:31.:08:35.

need to move, for example, to what is an urgent need to move, for

:08:36.:08:37.

example, to what's more collective bargaining, which would have a

:08:38.:08:42.

direct and positive impact on productivity, something that this

:08:43.:08:46.

government claims to be campaigning for passionately. Regrettably, this

:08:47.:08:50.

bill will neither change the culture or increase productivity. It will

:08:51.:08:53.

instead lead to the entrenching of the them versus our sculpture, which

:08:54.:09:01.

is bad for workers, tied for -- bad for everyone. I would like to draw

:09:02.:09:07.

the House's attention to the sections in this bill that deal with

:09:08.:09:12.

picketing. The fact is that the honourable members opposite have

:09:13.:09:15.

failed completely to demonstrate why the picketing provisions in this

:09:16.:09:20.

bill are necessary or justified. The Government's only regulatory policy

:09:21.:09:26.

committee concluded that the impact of picketing restrictions was not

:09:27.:09:30.

fit for purpose and that no full impact assessment of the bill has

:09:31.:09:35.

been published. Under these new provisions, trade union pickets will

:09:36.:09:38.

be subject to levels of police scrutiny and control that go far

:09:39.:09:43.

beyond what is fair or necessary. These changes in the bill will also,

:09:44.:09:48.

most importantly, be a waste of police time. This was an issue

:09:49.:09:53.

raised by the national police Chief Counsel and the Police Federation in

:09:54.:09:59.

all evidence to the bill committee. Steve White from the federation

:10:00.:10:03.

said, we are finding it extremely challenging to cope with day to day

:10:04.:10:06.

policing with the current resource levels. The likelihood is that they

:10:07.:10:12.

are going to be squeezed even more if there is an increased requirement

:10:13.:10:18.

for police involvement around policing industrial dispute, that

:10:19.:10:21.

would become even more challenging. I understand that the party opposite

:10:22.:10:26.

our friends and supporters of the police. I hope they will listen

:10:27.:10:36.

carefully. I thank my honourable friend. In a

:10:37.:10:43.

world where we have senior police officers warning that neighbourhood

:10:44.:10:47.

policing in a threat, is it right that we use the police force

:10:48.:10:53.

resources in this way to further affect the Civil Liberties of trade

:10:54.:10:54.

unions and their members? I agree with my honourable friend.

:10:55.:11:04.

We are a lock from the benches opposite about smart government,

:11:05.:11:08.

using the resources in the way they should be used. Does anyone in this

:11:09.:11:13.

House believe that using police resources on this matter is a good

:11:14.:11:18.

use of those stretched resources? I think not. Mr Speaker, the digital

:11:19.:11:23.

age has bought a revolution in the world of work. Which on the one hand

:11:24.:11:28.

has thrown up several questions yet at the centre offers employers,

:11:29.:11:32.

trade unions and government alike once in a generation opportunity to

:11:33.:11:36.

work in partnership. A chance to shape a framework that provides a

:11:37.:11:42.

blend of flexibility and security that this new reality requires. If

:11:43.:11:47.

all parties were to seize this opportunity we could potentially see

:11:48.:11:51.

the green shoots of a 21st century industrial relations culture which

:11:52.:11:56.

would in turn enable the development of a labour market that is fit for

:11:57.:12:01.

purpose and resilient in this new age. Let's not waste that

:12:02.:12:06.

opportunity with an adversarial, counter-productive piece of

:12:07.:12:13.

legislation like this Bill. Just before I call the honourable

:12:14.:12:15.

gentleman I would say to him that I would like the Minister to be called

:12:16.:12:23.

at close to 5:50pm so the honourable gentleman has three or four minutes.

:12:24.:12:28.

Thank you. I would like to speak about the new clause four Amendment

:12:29.:12:35.

one. Given the Labour opposition's comments I am surprised that it's

:12:36.:12:44.

only the NSP... Concerning the role of the certification Officer. Having

:12:45.:12:48.

visited the certification Officer as a Shadow Business Minister

:12:49.:12:50.

everything I saw their shattered that this is a toothless regulator

:12:51.:12:54.

crying out for reform and support the government 's attempts to this.

:12:55.:13:00.

As regard the new close for I do not support the idea that the

:13:01.:13:04.

Commissioner needs expertise in trade union law although some of his

:13:05.:13:09.

staff will need to be experts as much as others will need general

:13:10.:13:13.

legal or accounting skills. It is also ironic to hear that a specific

:13:14.:13:17.

legal qualification should be required when we know the last

:13:18.:13:21.

Labour government excluded unions and one act. The member's

:13:22.:13:28.

requirement of an officer may fulfil the SNP's political mandate but in

:13:29.:13:33.

my opinion it would not be helpful to Scottish and other British

:13:34.:13:36.

businesses who wish to see a single regulator dealing with unions

:13:37.:13:41.

equally. Given the wide political and practical debates involved in

:13:42.:13:46.

the union's political funds I think it is surprising that it has been

:13:47.:13:51.

left to the honourable member for Clacton to initiate a debate on this

:13:52.:13:53.

issue which he does to Amendment one. To suddenly political fund

:13:54.:14:01.

trade unions must first ballot their members to adopt the union objective

:14:02.:14:06.

and then trade unions can only support with money from their own

:14:07.:14:11.

funds. The fans may be spent on union objectives which are not

:14:12.:14:14.

political. -- the funds. The problem we have, I feel the Amendment

:14:15.:14:19.

doesn't work because under the terms of the bill there is an opt- in

:14:20.:14:24.

option which is not necessary. I believe there's a further connected

:14:25.:14:29.

issue. I would ask this. I right in thinking that failing to opt into

:14:30.:14:33.

the levy will not necessarily mean that a member's overall contribution

:14:34.:14:38.

will be reduced by the amount of the political contribution? If I'm

:14:39.:14:44.

right, should we not be doing this? Furthermore, given that statute

:14:45.:14:48.

dictates that companies require an animal vote on political donations,

:14:49.:14:52.

why shouldn't the level of political levy be voted on and Willie by the

:14:53.:14:56.

trade union members, perhaps this could be addressed? To wind up the

:14:57.:15:03.

debate I call the Minister, Mr Nicholas Edward College Bowls! Thank

:15:04.:15:11.

you, I rise to move government amendments to, three, 3Com and

:15:12.:15:15.

resist the clause is moved by members of opposition parties. This

:15:16.:15:19.

government recognises picketing as a lawful activity when conducted

:15:20.:15:22.

peacefully. We believe that exercising the right to freedom of

:15:23.:15:26.

expression by some should not impact on others's right to disagree with

:15:27.:15:30.

that view. The main requirement in the bill is a statutory duty for the

:15:31.:15:34.

union to supervise picketing irritable about appointing a

:15:35.:15:37.

picketing supervisor. The supervisor must either attend the bigot or be

:15:38.:15:42.

readily contactable by the union and police and be able to attend at

:15:43.:15:45.

short notice to make sure that picketing is lawful. As you may

:15:46.:15:48.

recall, none of the measures in clause nine are new. They reflect

:15:49.:15:53.

key aspects of the picketing code which has been in existence since

:15:54.:16:03.

1992, which most unions are happy to comply with in almost all cases, and

:16:04.:16:06.

from which we have had no suggestions of amendment from the

:16:07.:16:08.

opposition or indeed any proposals to do so when they were in

:16:09.:16:10.

government for 13 years during that time. Government amendment number

:16:11.:16:17.

two deals with the requirement in clause nine as currently drafted for

:16:18.:16:20.

the union to issue a letter of authorisation. I've listened very

:16:21.:16:24.

carefully to the different views expressed about this requirement.

:16:25.:16:28.

It's clear there has been confusion about the purpose of the letter of

:16:29.:16:32.

authorisation. Its content with regard to the picket supervisor and

:16:33.:16:35.

the entitlement. I would like to state for the record that there has

:16:36.:16:40.

never been any intention of the personal details of the supervisor

:16:41.:16:44.

to be set out in the letter of authorisation but given that there

:16:45.:16:47.

is still uncertainty about how this requirement will work in practice we

:16:48.:16:50.

are clarifying that the purpose of the letter is to record the union's

:16:51.:16:55.

approval for the picket relating to a particular dispute. I'll set up

:16:56.:16:59.

on-board concerns expressed relating to the entitlement to see such a

:17:00.:17:03.

letter and said I would return to this matter during report. I can

:17:04.:17:08.

assure the House that I take matters relating to data protection

:17:09.:17:12.

seriously and don't want to create room for misconceived entitlement or

:17:13.:17:16.

concern about misuse of personal information. That is why we are

:17:17.:17:20.

making it clear that entitlement to see the letter of authorisation is

:17:21.:17:24.

restricted to the employer or his agent at was workplace picketing is

:17:25.:17:29.

taking place, to remove any scupper misunderstandings that the picket

:17:30.:17:32.

supervisor is required to supply their name during picketing we've

:17:33.:17:35.

removed the reference to the constable from this clause. That is

:17:36.:17:39.

because the police will already have been informed of the supervisor's

:17:40.:17:46.

details during their appointment. We've built in flexibility so the

:17:47.:17:50.

requirement to show the letter should be as soon as applicable, for

:17:51.:17:55.

example to enable the supervisor to be at another picket line related to

:17:56.:17:59.

the trade dispute. It also helps the employer by allowing them to ask

:18:00.:18:03.

their human resources manager also visitor to act on their

:18:04.:18:05.

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