I want to make it clear right at the outset that we remain opposed to this Bill. Despite some of the changes that it has undergone
in another place, it remains a dreadful, mean-spirited, partisan, petty piece of legislation. Having got that off my chest, I recognise that Members in another place have made a valiant attempt to make a silk purse out of this particularly malformed sow’s ear, so that after today it may end up being a slightly less ugly sow’s ear than it was, but it will remain a malodorous porcine lug, for all their lordships’ noble efforts.
Many of the changes that peers made are welcome if we consider the crudeness of the Bill in its original form. On the first group of Lords amendments and the Government’s response to them, Lords amendment 2 was passed in the other place by 320 votes to 181, requiring the Government to commission a review of electronic voting in industrial action ballots within six months of Royal Assent. After the review, amendment 2 would require the Government to publish a strategy for rolling out electronic voting.
Government amendment (a) would revise Lords amendment 2 so that Ministers are required only to publish a response to the review, but need not take further action to actually introduce e-balloting. The Government have consistently resisted e-balloting on the grounds that they still had concerns about the safety of electronic voting, despite the fact, as many hon. Members have pointed out, that the Conservative party used electronic ballots for the selection of its London mayoral candidate, although I suppose the Conservatives may now be regretting that, given the poor performance of the candidate they selected using that method. Perhaps that explains the Government’s concern.
It is clear that the Government’s real objection to e-balloting and, indeed, to workplace balloting, which we argued for unsuccessfully in this House and in the other place, has been that they do not want high turnouts because their new threshold barriers could be more easily reached if more people were more easily able to vote.
Not only will all ballots for industrial action require a minimum 50% turnout under the Bill, but those working in the loosely defined “important public services group” will face an additional hurdle of needing a 40% yes vote from all those eligible to vote. That means that these thresholds place higher requirements on those industrial action ballots than on any other democratic process within the UK. For example, the 50% turnout threshold was not reached for the last London Mayoral election or most local government and devolved elections.
The Government have agreed that Ministers should be required to commission an independent review of the use of e-ballots for industrial action within six months of Royal Assent. They have agreed that it will be possible to run pilots as part of that review, as the Minister said, but the Government are proposing that after the review Ministers would need to publish a response, but not necessarily to take any further action. There would be no requirement to publish a strategy for rolling out electronic voting.