Browse content similar to 10/11/2015. Check below for episodes and series from the same categories and more!
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the turf for a new innovation Centre in Glasgow can stop Scotland punches | :00:00. | :00:00. | |
above its weight with 11% share compared to 8% share of the | :00:00. | :00:00. | |
population and I hope it continues to do so. Statement, the Minister of | :00:07. | :00:14. | |
State for Europe. Minister David Liddington. I would like to make a | :00:15. | :00:20. | |
statement upon the Government's EU re-negotiation. As the House knows, | :00:21. | :00:24. | |
this Government was elected with a mandate to renegotiate the UK's | :00:25. | :00:28. | |
relationship with the European Union had a van in-out referendum by the | :00:29. | :00:33. | |
end of 2017. Since July, technical talks have taken place in Brussels | :00:34. | :00:38. | |
to inform our analysis of the legal options for reform. Today, the prime | :00:39. | :00:41. | |
list has written to the President of the European Council to set out the | :00:42. | :00:46. | |
changes that we wanted to see. -- the Prime Minister has written. We | :00:47. | :00:50. | |
have laid out a statement with a copy of that letter and hard copies | :00:51. | :00:54. | |
are available in the vote office. I would like to offer the House some | :00:55. | :00:59. | |
further detail. The Prime Minister's speech three years ago | :01:00. | :01:03. | |
set out a vision for the vision of the European Union. Three years on, | :01:04. | :01:06. | |
the central argument he made them remains more persuasive than ever. | :01:07. | :01:10. | |
The European Union needs to change. And increasingly others to have | :01:11. | :01:17. | |
recognised this. A fortnight ago, Chancellor Merkel said British | :01:18. | :01:19. | |
concerns were German concerns as well. The purpose of the Prime | :01:20. | :01:27. | |
Minister's letter today is not to describe the precise means including | :01:28. | :01:29. | |
the detailed legal amendments to bring in our reforms into effect, | :01:30. | :01:34. | |
that is a matter for the negotiation itself. What matters to us is | :01:35. | :01:40. | |
finding solutions. This agreement must be legally binding and | :01:41. | :01:42. | |
irreversible and where necessary have foreseen the treaties. There | :01:43. | :01:49. | |
are four main areas in which we are seeking reform. Economic governance. | :01:50. | :01:53. | |
Measures that the euro zone countries need to take to secure the | :01:54. | :01:56. | |
long-term future of their currency will affect all members of the EU. | :01:57. | :02:02. | |
These are real concerns demonstrated by the proposal we saw this summer | :02:03. | :02:06. | |
to bailout Greece using contributions which also would have | :02:07. | :02:11. | |
come from non-euro members. As the Prime Minister and the Chancellor | :02:12. | :02:15. | |
have set out, never of principles should underpin any long-term | :02:16. | :02:20. | |
solution of this, as well as involving a safeguard mechanism to | :02:21. | :02:23. | |
ensure these principles are respected and enforced. We believe | :02:24. | :02:28. | |
these principles should include recognition that the EU has more | :02:29. | :02:33. | |
than one currency, that there should be no discrimination and no | :02:34. | :02:36. | |
disadvantage for any business on the basis of currency, that taxpayers in | :02:37. | :02:41. | |
non-euro countries should never be financially liable for supporting | :02:42. | :02:45. | |
Eurozone members, that only changes the Eurozone needs to make such as | :02:46. | :02:48. | |
the creation of a banking union should never be compulsory for | :02:49. | :02:53. | |
non-euro countries. Financial stability and supervision should be | :02:54. | :02:58. | |
a key area of competence for national institutions like the Bank | :02:59. | :03:01. | |
of England for non-euro members. Just as those matters have become a | :03:02. | :03:07. | |
key area of competence for Eurozone institutions like the European | :03:08. | :03:11. | |
Central Bank. Any issues which affect all member states must be | :03:12. | :03:17. | |
discussed and decided by all member states. Second, we want to see an | :03:18. | :03:28. | |
even more determined focus upon improving Europe's competitiveness. | :03:29. | :03:34. | |
Unemployment and youth unemployment in Europe is still too high. Frankly | :03:35. | :03:39. | |
speaking, less Europe is able to raise its game in terms of | :03:40. | :03:43. | |
competitiveness, the challenges we all face from global competition and | :03:44. | :03:50. | |
digital technology mean we face a serious risk of the next generation | :03:51. | :03:53. | |
of European Union who will not be able to afford the living standards | :03:54. | :03:56. | |
or social protection on the public services which are our citizens take | :03:57. | :04:02. | |
granted today. We welcome the European Commission's focus on | :04:03. | :04:05. | |
competitiveness. Legislative proposals have been cut by 8% and | :04:06. | :04:10. | |
more regulatory appraisals taken off the table this year than ever | :04:11. | :04:17. | |
before. Progress has been made towards a single digital market, a | :04:18. | :04:22. | |
capital market's union and in last month's commission, trade strategy. | :04:23. | :04:27. | |
We need to go further. The burden from existing regulation remains too | :04:28. | :04:32. | |
high. Just as we secured a first ever real terms cut in the EU | :04:33. | :04:37. | |
budget, so we should set a target to cut the total burden on business. | :04:38. | :04:41. | |
This should be part of a clear strategic commitment, bringing | :04:42. | :04:46. | |
forward all the various proposals, promises and agreements on European | :04:47. | :04:53. | |
competitiveness. Third, sovereignty. As the Prime Minister said that | :04:54. | :04:56. | |
Bloomberg and as we have stressed many times since, in the UK and in | :04:57. | :05:03. | |
other member states or so, too many people have felt the EU is something | :05:04. | :05:10. | |
done to them. In his letter, my right honourable friend makes three | :05:11. | :05:13. | |
proposals to address this. First, we want to end the UK's obligation to | :05:14. | :05:18. | |
work towards an ever closer union as set out in the treaties. For many | :05:19. | :05:22. | |
British people, this simply reinforces the sense of being | :05:23. | :05:26. | |
dragged against our will towards a political union. Second, we want to | :05:27. | :05:32. | |
enable national parliaments to work together to block a new -- unwanted | :05:33. | :05:36. | |
legislation, building on the arrangements already in the | :05:37. | :05:41. | |
treaties. Third, we want to see the EU's commitment to subsidiarity | :05:42. | :05:44. | |
imprimatur with proposals to achieve that. If powers don't need to reside | :05:45. | :05:52. | |
in Brussels, they should be returned to Westminster. As the Dutch have | :05:53. | :05:57. | |
said, the ambition should be Europe where necessary, but national where | :05:58. | :06:05. | |
possible. Fourth, I want to turn to the issue of welfare and | :06:06. | :06:09. | |
immigration. As the Prime Minister made clear in his speech last | :06:10. | :06:13. | |
November, we believe in an open economy which includes the principle | :06:14. | :06:18. | |
of free movement to work. I am proud that people from every country can | :06:19. | :06:22. | |
find their community here in the UK. But the issue is one of scale and | :06:23. | :06:28. | |
speed. The pressure which the current level of inward migration | :06:29. | :06:32. | |
puts upon our public services is too great and has a profound effect also | :06:33. | :06:38. | |
on those member states whose most highly qualified citizens have | :06:39. | :06:43. | |
immigrated. The Prime Minister's letter sets out our proposals to | :06:44. | :06:47. | |
address this. We need to ensure that when you could resolve admitted to | :06:48. | :06:51. | |
the EU, free movement will not apply until the EU, free movement will not | :06:52. | :06:53. | |
apply until their economies have converged much more closely with | :06:54. | :06:57. | |
existing member states. We need to crack down on all abuse of free | :06:58. | :07:02. | |
movement and this includes tougher and longer re-entry bands for | :07:03. | :07:07. | |
fraudsters and people who collude in sham marriages and stronger powers | :07:08. | :07:10. | |
to deport criminals to stop them coming back and to prevent them from | :07:11. | :07:16. | |
entering in the first place. It includes dealing with the situation | :07:17. | :07:19. | |
whereby it is easier for an EU citizen to bring a non-EU spouse to | :07:20. | :07:24. | |
Britain for a British citizen to do the same. We must also reduce the | :07:25. | :07:30. | |
fact of drawing migrants to the UK to take low skilled jobs, exposing | :07:31. | :07:34. | |
their salary to be subsidised by the state from day one. We have proposed | :07:35. | :07:41. | |
that people come to Britain should negotiation -- would contribute for | :07:42. | :07:44. | |
four years before they qualify for in work benefits or social housing. | :07:45. | :07:49. | |
And that we should end the practice of sending child benefit overseas. | :07:50. | :07:55. | |
The Government is open to different ways of dealing with these issues | :07:56. | :07:59. | |
but we do need to secure a range and is that deliver on our commitments | :08:00. | :08:06. | |
to fair and controlled migration. Let me say something briefly about | :08:07. | :08:12. | |
the next steps. There will now be a process of formal negotiation with | :08:13. | :08:16. | |
the European institutions and all 27 European parlours, leading to | :08:17. | :08:22. | |
substantive discussions with counsel. The Prime Minister's aim is | :08:23. | :08:26. | |
to conclude an agreement at the earliest opportunity, but his | :08:27. | :08:32. | |
priority is to ensure that these substances right. It is progress on | :08:33. | :08:37. | |
the substance in this we negotiation that will determine the timing of | :08:38. | :08:43. | |
the referendum itself. The Government fully recognises the | :08:44. | :08:46. | |
close interest from members on all sides of this house. We cannot | :08:47. | :08:52. | |
provide a running commentary on an ongoing negotiation but we will | :08:53. | :08:56. | |
continue to engage fully with the wide range of Parliamentary enquiry | :08:57. | :09:02. | |
is, now numbering 12 across both houses come into the renegotiation. | :09:03. | :09:07. | |
Documents will be submitted for scrutiny in line with normal | :09:08. | :09:12. | |
practices and the Foreign Secretary, I and other ministers will continue | :09:13. | :09:16. | |
to appear before the relevant select committees. The Referendum Bill | :09:17. | :09:21. | |
itself will return to this house before long. The Prime Minister has | :09:22. | :09:28. | |
said and he repeated this morning, that should his concerns fall on | :09:29. | :09:34. | |
deaf ears, the rules nothing out. He also believes that meaningful reform | :09:35. | :09:39. | |
in the areas that I have described would benefit our economic and our | :09:40. | :09:44. | |
national-security, provide a fresh supplement the UK's manager of the | :09:45. | :09:49. | |
European Union and offer a basis on which to campaign to keep the United | :09:50. | :09:54. | |
Kingdom as a member of a reformed European Union. It is that which | :09:55. | :09:59. | |
remains the Government's objective. I commend this statement to the | :10:00. | :10:07. | |
House. 1-macro let me begin by thanking the Minister for updating | :10:08. | :10:11. | |
the House and for giving me advanced site of today's statement. The | :10:12. | :10:16. | |
decision on whether to -- whether the UK remains a member of the | :10:17. | :10:20. | |
European Union is the biggest decision this country will take for | :10:21. | :10:26. | |
a generation. We on the side are clear that Britain is a more | :10:27. | :10:31. | |
powerful, prosperous and secure country by being members of the | :10:32. | :10:32. | |
European Union. We want to see Britain play a full | :10:33. | :10:42. | |
role in shaping a better Europe which deepens its single market, | :10:43. | :10:47. | |
which offers more hope and jobs to its young people, which uses its | :10:48. | :10:53. | |
collective strength in trade with the rest of the world and which | :10:54. | :10:58. | |
stands together to combat the urgent security problems that we face. We | :10:59. | :11:04. | |
do not stand for the nationalism that says we would be better off out | :11:05. | :11:08. | |
and a Brecht said that would sleep written we can empower and influence | :11:09. | :11:13. | |
and diminished in the eyes of the world. The Prime Minister has set | :11:14. | :11:18. | |
out in his speech this morning and in the letter to the president of | :11:19. | :11:22. | |
the European Council his negotiating agenda. As we have already heard | :11:23. | :11:29. | |
from comments to date from his own backbenchers, the problem be Prime | :11:30. | :11:34. | |
Minister faces in doing this and the reason he has been so reluctant to | :11:35. | :11:39. | |
put his position down on paper until now is that there is nothing he can | :11:40. | :11:43. | |
renegotiate which will satisfy the large numbers of honourable and | :11:44. | :11:48. | |
Right Honourable members sitting behind him who want to take Britain | :11:49. | :11:54. | |
out of the EU at all costs. They are desperate to be disappointed and | :11:55. | :12:01. | |
they are here in the house today. They -- they're only role in this | :12:02. | :12:04. | |
debate is to push for demands that they know will not be met. The | :12:05. | :12:09. | |
agenda published today raises important issues, including some | :12:10. | :12:15. | |
which were in our own manifesto, such as the protection for the | :12:16. | :12:20. | |
rights of non-Eurozone countries and the rights of national parliaments. | :12:21. | :12:23. | |
It also includes other ideas, which are already in train. But can I ask | :12:24. | :12:30. | |
the Minister to respond to some specific questions? It is right that | :12:31. | :12:35. | |
we press for guarantees for non-Eurozone members in the future, | :12:36. | :12:40. | |
our manifesto argued for this, it is in our interest, but does the | :12:41. | :12:45. | |
Minister agree that it would be a mistake for Britain to volunteer or | :12:46. | :12:51. | |
embrace some kind of second-class or associate membership of the EU while | :12:52. | :12:56. | |
still paying the full costs of membership? That would be an outcome | :12:57. | :12:59. | |
which would weaken Britain rather than strengthen our position. Why is | :13:00. | :13:04. | |
there so little in this agenda about jobs and growth for the future when | :13:05. | :13:08. | |
the problem Europe has been struggling with has been low growth | :13:09. | :13:10. | |
and high unemployment for some time? When the Minister talks about | :13:11. | :13:17. | |
reducing the burden on business, can he guarantee that nothing in this | :13:18. | :13:23. | |
agenda reduces the hard one unemployment rights which have been | :13:24. | :13:27. | |
agreed over the years, including rights to paid leave, for part-time | :13:28. | :13:32. | |
workers, and fair pay for temporary and agency workers? Does the | :13:33. | :13:36. | |
Minister accept it would be a huge mistake to try to build support for | :13:37. | :13:42. | |
a reformed EU on the back of a bonfire of workers' writes? On free | :13:43. | :13:47. | |
movement, we know a retreat from earlier statements and hence from | :13:48. | :13:51. | |
the Prime Minister that he would seek an end to the principle of free | :13:52. | :13:57. | |
movement, can the Minister tell the house on the issue of access to in | :13:58. | :14:02. | |
work benefits, as the Prime Minister set on the four-year timescale for | :14:03. | :14:06. | |
access to such benefits, or is this subject to negotiation at the | :14:07. | :14:11. | |
European Council? Could he also tell us whether this will be through a | :14:12. | :14:17. | |
change in EU legislation or in the way the system works here in the | :14:18. | :14:23. | |
UK? Does he agree that those who want to reject this agenda as too | :14:24. | :14:30. | |
little, many of them behind him, and who are determined to take Britain | :14:31. | :14:34. | |
out of the EU, it is for them to state clearly to the British people | :14:35. | :14:38. | |
what being out would mean for our jobs, trade, investment, employment | :14:39. | :14:49. | |
rights, and national security. The EU of course faces big challenges in | :14:50. | :14:52. | |
recovering from the Eurozone crisis, offering more hope for the | :14:53. | :14:58. | |
future, dealing with the urgent and immediate refugee crisis that it | :14:59. | :15:02. | |
faces. But we believe that these challenges are best met by Britain | :15:03. | :15:08. | |
playing a leading role in the future of the EU and using our power and | :15:09. | :15:12. | |
influence with others to overcome them. There is a broader case far | :15:13. | :15:19. | |
beyond these points today about Britain's place in the world and in | :15:20. | :15:24. | |
the EU, and that has to be made. Our history is not the same as many | :15:25. | :15:29. | |
other member states, and perhaps we will never look at these issues | :15:30. | :15:33. | |
through precisely the same eyes. But that is not the same as wanting to | :15:34. | :15:40. | |
leave. Reform is essential, it should be an ongoing process, not a | :15:41. | :15:46. | |
single event. On this side of the house, we will keep giving for a | :15:47. | :15:51. | |
Britain engaged with the world, using its power and influence to the | :15:52. | :15:55. | |
maximum, and not walking away from a partnership that we have been | :15:56. | :15:59. | |
members of the 40 years and which has brought many benefits to the | :16:00. | :16:00. | |
people and economy of this country. He asked me four questions, if I can | :16:01. | :16:15. | |
deal with them in turn. On relations between EU and non-EU members, we do | :16:16. | :16:21. | |
indeed need to have as part of this negotiation safeguards against any | :16:22. | :16:27. | |
risk of caucusing by Eurozone countries who, if they chose to act | :16:28. | :16:30. | |
as a caucus, could command and automatic qualified majority within | :16:31. | :16:35. | |
Council of ministers meetings. There will be some issues which derives | :16:36. | :16:41. | |
directly from -- where Eurozone countries will want to talk about | :16:42. | :16:45. | |
such matters amongst themselves, but it will be really important that we | :16:46. | :16:50. | |
have a deal that allows the Eurozone to do the work of integration they | :16:51. | :16:54. | |
will need to do but which properly safeguard the integrity of the | :16:55. | :16:58. | |
single market and decision-making across the board at 28. He teased me | :16:59. | :17:08. | |
a bit about the views of some of my honourable friend. When I have | :17:09. | :17:12. | |
appeared before some of the committees of this house, I have | :17:13. | :17:16. | |
found members on his side of the house who are equally committed to | :17:17. | :17:18. | |
British withdrawal from the EU. This is a matter... The Labour Party | :17:19. | :17:38. | |
leader, the Right Honourable member for Islington North, has not in the | :17:39. | :17:44. | |
past been renowned for his enthusiasm for the EU. This has cut | :17:45. | :17:50. | |
across party divisions for as long as EU membership has been an issue | :17:51. | :17:55. | |
in the UK, and people hold honourable, principled views both | :17:56. | :18:00. | |
for and against British membership in both parties, and that is likely | :18:01. | :18:04. | |
to always be the case. The ask about low growth, I think what the | :18:05. | :18:12. | |
Government is not only saying but what this Government has led and | :18:13. | :18:17. | |
helped shape within the EU since 2010 has demonstrated the | :18:18. | :18:19. | |
seriousness with which we take this issue. I know that the Prime | :18:20. | :18:24. | |
Minister was personally involved in the negotiation that clinched the | :18:25. | :18:31. | |
deal on a free trade agreement, which is proving immense value to | :18:32. | :18:36. | |
British industry. It is the British Government which has helped to | :18:37. | :18:40. | |
energise the debate towards a digital single market across Europe, | :18:41. | :18:44. | |
something that will give SMEs and large companies increased | :18:45. | :18:49. | |
opportunities. I would say to him in regard to workers' writes, nobody on | :18:50. | :18:55. | |
my side of the house wants to make a bonfire of workers rights, but we | :18:56. | :19:09. | |
also need to have in mind the reality that other countries that | :19:10. | :19:13. | |
have chosen to go for a much more regulated approach to the employment | :19:14. | :19:16. | |
market have often tragically suffered much higher levels of | :19:17. | :19:21. | |
unemployment than we have in the UK. For example, keeping the UK's opt | :19:22. | :19:29. | |
out from the working time directive is something that we will fight very | :19:30. | :19:32. | |
hard to make sure is entrenched by this renegotiation. On freedom of | :19:33. | :19:37. | |
movement, the Prime Minister made his views very clear, our objective | :19:38. | :19:42. | |
is to better control migration from within the EU, there are different | :19:43. | :19:45. | |
ways in which we could achieve that, we think we can do it by reducing | :19:46. | :19:49. | |
the incentive is of our welfare system, and that is where my right | :19:50. | :19:52. | |
honourable friend set out the proposals he made and repeated | :19:53. | :19:56. | |
today. Others in the EU have concerns, that is why we say to | :19:57. | :20:02. | |
them, if that is what you think, but forward alternative proposals that | :20:03. | :20:05. | |
deliver the same result. It is the outcome of the measures, controlled, | :20:06. | :20:12. | |
fair, properly managed migration, that is the end that we seek. On | :20:13. | :20:17. | |
what is meant by out, the Prime Minister said again this morning | :20:18. | :20:21. | |
that he did not think either the Swiss or Norwegian models would be | :20:22. | :20:26. | |
right for the UK. I think it is the case that the question of what out | :20:27. | :20:30. | |
might mean is something that will be a key element in the forthcoming | :20:31. | :20:37. | |
referendum debate. A very large number of members are seeking to | :20:38. | :20:40. | |
catch my icon that was entirely to be expected. To have any chance of | :20:41. | :20:45. | |
accommodating them, brevity will be of the essence. Would he agree that | :20:46. | :20:55. | |
the big issue which will be settled in this forthcoming referendum is | :20:56. | :20:58. | |
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 | :21:03. | :21:06. | |
years, and will he seek to ensure that we do not lose sight of that | :21:07. | :21:13. | |
and we address current events? Whilst the Prime Minister is | :21:14. | :21:16. | |
embarking on important negotiations, and I wish him success on | :21:17. | :21:21. | |
competitiveness in particular, will he ensure that when we are | :21:22. | :21:25. | |
negotiating the benefit rights of those foreign nationals who work | :21:26. | :21:29. | |
alongside British people in employment in this country, we | :21:30. | :21:32. | |
remember the interests of the 2 million or so British nationals who | :21:33. | :21:37. | |
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 | :21:45. | :21:54. | |
system? The answer is yes on his second point, we always have the | :21:55. | :21:57. | |
interest of British people at the heart of our thinking about any area | :21:58. | :22:02. | |
of policy, and we will certainly continue to treat the National | :22:03. | :22:09. | |
economic and security interests of the UK at the core objective of | :22:10. | :22:15. | |
every aspect of the negotiation. I also thank the Minister for making | :22:16. | :22:19. | |
an oral statement to the house and 4/ of his statement. What difference | :22:20. | :22:25. | |
a year makes, just last year, Scots were being told we voted yes to | :22:26. | :22:29. | |
independents, we would be getting chucked out of the EU, and now we | :22:30. | :22:35. | |
could not be closer to the exit. The Minister said earlier on that there | :22:36. | :22:40. | |
would be a process of formal negotiation with the Europeans. Will | :22:41. | :22:46. | |
he commit to us today to consult with the devolved administrations as | :22:47. | :22:50. | |
a formal part of that negotiation's he also said Europe, where | :22:51. | :23:00. | |
necessary, National, where possible. Will that include devolving the | :23:01. | :23:04. | |
powers where appropriate back to the devolved administrations's finally, | :23:05. | :23:12. | |
will be Minister tell us what in Scotland's agenda for reform has | :23:13. | :23:19. | |
been included in this today? Of course we were voting to give | :23:20. | :23:23. | |
additional devolved powers to Scotland only yesterday in this | :23:24. | :23:29. | |
house, I can say to the honourable member that I spoke to Fiona Hyslop | :23:30. | :23:37. | |
this morning, the question of the reform and renegotiation is on the | :23:38. | :23:42. | |
agenda is the first item at every meeting of the joint ministerial | :23:43. | :23:49. | |
committee on Europe, which I chair, and which includes ministers from | :23:50. | :23:53. | |
all the devolved administrations. I am visiting Edinburgh tomorrow, I | :23:54. | :23:56. | |
will have further conversations with the Scottish Government of the type | :23:57. | :24:01. | |
that he urges, and I said to Fiona Hyslop this morning, I remain always | :24:02. | :24:05. | |
open to listen to the views and make sure that the UK Government takes | :24:06. | :24:11. | |
full account of the interests of all three of the devolved | :24:12. | :24:13. | |
administrations as we take this forward. | :24:14. | :24:22. | |
The minister is not correct in thinking that the legal mechanisms | :24:23. | :24:29. | |
for delivery of these proposals is not part of the solution. Does he | :24:30. | :24:35. | |
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 | :24:41. | :24:48. | |
are the legally irreversible changes going to be made when even the legal | :24:49. | :24:57. | |
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? | :25:01. | :25:05. | |
We think that some, but not every aspect of the package of reforms we | :25:06. | :25:14. | |
are seeking will need treaty change. We are looking at models including | :25:15. | :25:21. | |
those used by Denmark and Ireland in the past. The technical talks that | :25:22. | :25:27. | |
have taken place in Brussels involving senior British officials | :25:28. | :25:31. | |
have also been involving representatives of the institutional | :25:32. | :25:35. | |
legal services. We are working closely, alongside the current heads | :25:36. | :25:42. | |
of the legal services of the institutions and we believe that on | :25:43. | :25:46. | |
every one of the issues that I have listed in my statement, we can | :25:47. | :25:51. | |
indeed find the appropriate legal way forward. Willie at knowledge | :25:52. | :26:02. | |
that the EU citizens living here contribute far more through their | :26:03. | :26:06. | |
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. |