Trade Unions — House of Lords, 2019-07-18
Topic: Labor
Oliver Michael Robert Eden (Conservative, Centre-right): Dare I say to the noble Lord that I was in only the 13th minute of my speech; I think that I have 20 minutes. He was being a bit premature if he was asking whether I was going to sit down. I have a large bundle of answers for the noble Lord; I will try to get on to them but he will understand that I also want to respond to a number of other speakers. I might have to write to him, but I was not about to sit down. It might be that the rest of the House wanted me to but that is another matter I want to move on and say a word or two about the legislative position. First, the noble Lord, Lord Monks, and the noble Baroness, Lady Prosser, mentioned the Trade Union Act. I do not believe that it is about attacking workers’ rights or preventing strike action; that Act is about making sure that industrial action is taken only where there is clear support for it among union members. It therefore modernises the United Kingdom’s industrial relations framework to support better the effective approach to resolving industrial disputes For that reason, I want to say a word or two to my noble friend Lord Balfe about the e-balloting proposals and provide him with an assurance, since he put it to me and, indirectly, to my noble friend Lady Neville-Rolfe that they had been forgotten about. Recently, we held round-table discussions with experts, organisations and professionals—the TUC was also invited to the meeting—to discuss that matter further. We will reflect further on Sir Ken Knight’s recommendations and, again, once we have consulted the trade unions, we will issue a response in—dare I say it—due course We have heard many views on the future of trade unions and wider industry representation. We have also heard suggestions of what more the Government can do. I think it would be helpful if I set out our legislative position at the moment. Workers have the right to join a trade union; that right is protected under our trade union law. All union members have the right to participate in union activities; that includes members who are union officials. The right to be active in the affairs of a trade union is enhanced where the union is an independent trade union that has been recognised by the employer for collective bargaining purposes. Officials of such a union may seek time off work with pay to discharge certain union duties. Individual workers can enforce these rights at an employment tribunal. In effect, these rights amount to a right for the union, through its individual members and officials, to recruit and organise in the workplace Furthermore, I should add that the United Kingdom Government take the view that they should adopt a voluntarist approach to collective issues. Collective bargaining is largely a matter for individual employers, their employees and their trade unions. Most collective bargaining in this country takes place because employers have voluntarily agreed to recognise a trade union and to bargain with it. The Government do not believe that we should be in the business of forcing employers or their workers to enter into collective bargaining arrangements if they do not wish to do so. Instead, we prefer a voluntarist and democratic approach. However, where an employer refuses to recognise a trade union voluntarily, our legislation provides for a statutory recognition procedure. Unions that wish to obtain statutory recognition can apply to the Central Arbitration Committee, which has dealt with over 1,000 cases since the statutory procedure was brought in in 1999. My key point is that, if a majority of workers in a workplace want to organise and be represented by a trade union, they have the right, and the practical means, to secure trade union recognition. That is why the Government do not believe that primary legislation needs to change in this area at the moment As many noble Lords made clear, our economy and society are constantly changing, and unions need to adapt to maintain their relevance. The noble Lord, Lord Parekh, asked what trade unions were for. By taking the right approach, by following the TUC’s constructive engagement with employers and government, I have every confidence that the trade union movement can rise to this challenge. If unions can take this approach, I am sure that we will be celebrating their influence for another century to come.