Trade Union Bill — House of Lords, 2016-02-25
Topic: Labor
Margaret Eileen Joyce Wheeler (Labour, Centre-left): My Lords, I speak to the seven amendments in the group and the clause stand part Motion from the Labour and Liberal Democrat Front Benches. It is a large and important group, so I hope noble Lords will bear with me, as there are a lot of issues to address, including matters arising from the Minister’s last-minute publication on Monday of the skeleton regulations on facility time and check-off, and Tuesday’s debate on those and on which public sector organisations are covered by the Bill Our Amendment 92 is an important one with which to start this debate, because it is aimed at probing exactly what problem the Government are trying to address by implementing an arbitrary and blanket ban on public sector employers reaching voluntary agreements with trade unions to deduct union subscriptions from staff pay, often preventing the staff themselves freely and openly choosing this option for paying their subs. Ministers must be clear and concise about their concerns over the current system. What is so wrong with it that it has to be abandoned in this draconian way, and what evidence is there that justifies an established system, currently well supported and valued by employers, trade unions and their members, and recognised as forming a crucial part of local industrial relations, partnerships and frameworks, just being dropped? Unless the Government can come up with solid evidence and the objective justification called for by the Joint Committee on Human Rights, and unless they frame their arguments and comments in the context of displaying a far better understanding of the role and work of trade unions in a modern society than was so blatantly evident from Ministers throughout the Bill’s progress in the Commons, the only conclusion that can be drawn is that the main purpose of getting rid of check-off is to undermine trade unions, prevent them being able to organise in the workplace and represent their members, and attack and seriously weaken their finances. In other words, as my noble friend Lord Collins said at Second Reading, it is pure vindictiveness Amendment 92 is also aimed at ensuring that the check-off system remains central to partnership and staff engagement agreements between employers and unions in the public sector. It underlines the need for an ACAS code of practice to promote openness, transparency and consistency in check-off agreements. Central to the code is members having clear options on payment methods and employer costs in administering the schemes being clear and consistent across employing authorities and open to report and scrutiny. Our amendment would also make clear the open and agreed principles and criteria for assessing the admin costs of the check-off system, and for the costs to be regularly reported on and expressed as a percentage of the employer’s overall admin and HR costs The Government have three broad contentions for their proposals to ban check-off in the public sector. They say that check-off deductions are not modern and that everyone has a bank account, so what is the problem? They say that the relationship should be between the trade unions and the member and not involve the employer, and that the system and admin costs of deduction are a burden and should not be borne by employers or the taxpayer. If Clause 14 stands, private and voluntary sector employers will be able to continue to operate check-off, but public sector employers will not have this choice and will have their hands tied by central government—this from a Government who herald their commitments to localism and empowerment of local employers so that decisions can be made locally in the light of local circumstances and needs. We know from the debates on the earlier clauses that the Government have got themselves into a mess over this Bill in relation to the devolved national Governments. We will hear still more evidence of the mismatch between the Government’s rhetoric on this brave new world of devolution and the proposals in this Bill in the debate on Amendment 97, from my noble friends Lord Harris and Lord Beecham In the Cities and Local Government Devolution Bill, the noble Baroness, Lady Williams, made many bold statements about how central Government have to stop interfering in local decision-making. I quote just one of the typical examples, when she said: "Through the decentralisation that the Bill will enable, each city will be empowered to forge its own path, to play to its own strengths and to find its own creative solutions to the particular challenges that they face".—[Official Report, 8/6/15; cols. 652-53.] But they do not seem to have the autonomy to decide locally and continue tried and tested industrial relations agreements and partnerships, of which check-off is a key element, which underpin the positive, everyday working relationships between employers and trade unions. No wonder not a single public sector employer has spoken up to support the Government’s check-off ban. It is very pertinent that key councils at the forefront of devolution—for example, Manchester and Sheffield—are among the many that have expressed dismay and concern. Can the Minister explain how Devo Manc is to be delivered in Manchester, for example, including closer integration between NHS and social care, at the same time as long-standing partnerships and agreements with trade unions are being dismantled, while local reps scuttle around thousands of workplaces to talk to members and get them re-signed up so that they can carry on representing them One thing that we keep coming back to in this Bill is the question of fairness, which is no less relevant to the proposals for banning check-off. How can it be right to single out the public sector when the private and voluntary sectors can choose to continue the schemes? Why is it right to exempt some organisations that the Government favour, such as the police and crime commissioners and chief constables, who will be allowed to decide whether they want to operate check-off, although the choice will be allowed only for police officers and not for police staff The impact assessment fails dismally to provide any evidence or justification for the Government’s proposed ban. It assesses just two options: do nothing, or get rid of check-off. There is nothing in between the pros or cons of the current system, how it could be improved and made consistent across employing authorities, or ensuring that trade union members continue to have choice on paying their subscriptions by the method that best suits them, in the light of their work, circumstances and financial situation, be it by check-off, direct debit or a cash-based system. Will the Minister explain why a middle way was not even considered? The impact assessment dismisses this option in two sentences on the grounds that if trade unions paid the admin the policy objectives would not be delivered. Why did the policy objectives not include all the options?