Britain has low levels of industrial disputes relative to our main economic rivals—half the EU average, as my hon. Friend the Member for Easington (Grahame M. Morris) said, and lower than the figures in the US, Korea and Canada. If industrial action acting as a material disruption to the running of the modern economy is the premise behind the Bill, that will not bear scrutiny of the evidence.
Clause 2, which introduces a 50% turnout requirement to authorise a ballot, has significant implications. It goes against the British value of common sense and fair play. No other part of the constitutional settlement or democratic engagement requires that threshold. Clause 3, requiring 40% support for action in “important public services” is equally sinister. Again, in no other part of important public services is that required. It is not a requirement for the important public service of electing a local councillor or a Member of Parliament.
The Government argue that a positive impact of the provisions in clauses 2 and 3 will be that unions will work harder to make the case for ballots for industrial action. However, it is far more likely that there will be greater disruption and use of leverage campaigns, such as withdrawal of good will, work-to-rule, protests, demonstrations and unofficial action. Paradoxically, the Bill might result in more working days lost to industrial action and a failure to address the pressing economic challenge of improving productivity. In a modern economy, surely the most appropriate approach is collaboration rather than confrontation.
When General Motors was restructuring its European operations in 2012, the Ellesmere Port car plant would probably have closed had it not been for the close working relationship between management and unions. The ability of Nissan to win the internal competition to build the new Juke earlier this month is testimony to continuous improvement, a drive towards efficiency and constantly rising quality levels, which are possible only through effective collaboration between management and unions.
The Bill pushes us towards a more adversarial relationship between management and the workforce. Does the Minister really think that deals such as those done on behalf of
the UK economy with GM or Nissan will be made easier through this Bill when its provisions lend themselves to mutual suspicion, acrimony, work-to-rule and more disruptive industrial relations? The ability of this country to land more inward investment is compromised through the Bill.
The Secretary of State has stated that one of the main themes of his leadership of the Department will be deregulation and we on the Select Committee on Business, Innovation and Skills will certainly want to consider the work of the Government to ensure that businesses are freed from unnecessary red tape, but why has the same approach to deregulation not been applied to the Bill? Under clause 6, the Bill imposes such burdensome regulation that it puts the EU banana straightening compliance team to shame. The extension of the roles and powers of the certification officer will impose additional administrative and financial pressures on unions. There will be a reporting requirement as to whether industrial action took place in the past 12 months, the nature of the dispute and the action that was taken. Unions might not collect such information centrally, so that will add additional bureaucracy. There is also something sinister about the state’s collecting information on what might be private disputes between the employer and workforce that could be resolved relatively early in the negotiation process.
In an economy that is becoming increasingly characterised by unequal, low-skilled and insecure employment with workers employed in small companies or often categorised as self-employed, the challenge of collective bargaining and how unions can work to play a positive role should be considered and encouraged, yet this petty and vindictive Bill does nothing to deal with that. It stops harmonious industrial relations and long-term prosperity. It should be killed by the House tonight.
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