No. I was thinking of the noble Lord, Lord Pannick, and trying to think of the correct term for the legal profession—but in fact I do not need to do that. I hate breaching protocol. The noble Lord, Lord Pannick, makes a very valid point in this debate: whatever our opinions of thresholds—and this is where the Government will, I hope, think hard about what the noble Lord said—it will undermine the Government’s position, if there is a legal challenge, by denying the opportunity for unions to ensure that there is a full turnout in the vote. So it is incumbent on the Government, in my opinion, to think hard about whether they can push through thresholds without allowing unions to consider other secure methods of voting.
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I think that the Government’s response surely must be to see that the best way of increasing participation in union democracy would be to bring ballots into the 21st century by permitting the use of electronic and workplace ballots. Unions are the only organisation in the UK that are legally required to hold postal-only ballots. Postal ballots tend to be more expensive and lead to lower turnout. Postal-only ballots can also unnecessarily extend the voting period. Again, this is an important issue in industrial democracy and industrial action. Faster and equally secure balloting methods could support the earlier resolution of disputes and would also increase participation in union democracy. In answer to the question from the noble Lord, Lord Dobbs, clearly the method of voting is a critical factor in participation. The evidence we have is that where unions have the ability to run secure workplace ballots, turnout increases.
What the noble Lord, Lord King, failed to mention in his contribution is that unions are now permitted to use workplace ballots for statutory recognition purposes. That is a very important and vital element to the success of an enterprise: whether a union is recognised. I would say that it would be for the benefit of an enterprise, but maybe the owners of the enterprise would have a different view. But workplace ballots are permitted in these circumstances. We are not talking about going back to the 1970s, with a show of hands and decisions being made at the gate. We are talking about new and modern methods of balloting.
In CAC recognition ballots, individuals vote using paper ballots and secure ballot boxes, and that is overseen by a qualified independent person. Average turnout is significantly higher in workplace ballots, at 88%, than all postal ballots, where the average is 71.6%. Also, there is no evidence that individuals feel pressurised to vote in support of union recognition where workplace ballots take place. Since 2004, the CAC has received a total of only seven complaints of unfair practices during statutory recognition ballots, none of which was upheld.
Can we be assured that secure workplace ballots will not be open to abuse? Electoral Reform Services, which is highly experienced in running industrial ballots, confirms that it is perfectly possible to run workplace ballots that are secret and secure against any possibility of fraud or intimidation. Amendments 19 and 21 in this group, which I have put my name to, would ensure that all ballot methods are confirmed by a scrutineer as safe and secure before they take place. All ballots would be monitored during the process and all outcomes declared safe by the scrutineer. The union would also be required to comply with any recommendations made by the scrutineer.
Amendment 19, in my name and that of my noble friend Lord Mendelsohn, keeps the responsibility for the conduct and integrity of the ballot with the existing statutory independent scrutineer, but we recognise that the CAC has experience of statutory workplace recognition ballots, and such expertise should be available to the scrutineer. Existing legislation already requires that scrutineers must be independent of unions. BIS maintains a statutory list of approved scrutineers, and
the vast majority of industrial action ballots are overseen by organisations on that list—primarily by Electoral Reform Services.
When a workplace ballot, or any other ballot, is conducted, it is important for employers to have a duty to co-operate with the ballot, as they have in relation to statutory recognition ballots. This could include a duty for employers to work closely with balloting agencies to ensure that company firewalls do not prevent union emails reaching members and that websites are not blocked. This co-operation is already common practice in workplaces holding elections for staff associations, and for information and consultation. Spaces should also be provided for voting free from surveillance by management, and employers should have a duty to ensure that union members can vote free from interference or constraint. Of course, this duty mirrors the existing duty on unions and is therefore even-handed.
As we have heard in the debate, we are not alone in in supporting the use of electronic and workplace balloting methods. As the noble Lord, Lord Balfe, said, even the Institute of Directors has long held the view that unions should be permitted to use electronic voting. Its 2012 policy paper stated,
“Provided that a fair and transparent system of electronic voting can be delivered, there is no reason why—in return for asking for a higher level of legitimacy—the union movement should not be allowed to embrace technological advances”.
I stress the words,
“a higher level of legitimacy”.
Surely that is what the Government are after in imposing thresholds. If they want to ensure that the case for thresholds is sustainable, they should consider the reasonable requests made in the amendments.
The case for electronic ballots has been strongly put in the debate. According to the latest Ofcom figures, 83% of people now have access to broadband and 66% of households own a smartphone. These figures are much higher among those of working age. There is also a growing expectation that individuals should be able to vote electronically in elections. The 2014 Electoral Commission survey found that 42% of respondents felt online voting would increase confidence in the way that elections are run in the UK. These views are particularly prevalent among younger people.
A further indication of the appetite among the British public to digitise democracy is shown by the Government’s own voter registration data. Between the launch of online registration in June 2014 and October 2015, 12 million people registered to vote online. Online balloting can be safe and secure, much like online banking. It is already used for a variety of purposes in both the public and the private sector.
As we have already heard, the Government are proactive in extending digitisation. The Minister has prime responsibility for that, so it is a pity she cannot turn that responsibility away from businesses alone and focus on the needs of workers, too. As the noble Viscount, Lord Colville, pointed out, political parties use electronic voting. Most recently, the Conservatives utilised online voting in the selection of their London mayoral candidate. More than 9,000 people recorded votes on line in that ballot.
As the noble Lord, Lord Kerslake, highlighted, the Government are increasingly committed to digitisation of government services. Citizens are required now to make changes to their driving licences, pay vehicle excise duty and renew their tax credits—and, in the future, apply for universal credit—online. According to the Government Digital Service, 85% of tax returns are now filed online. On concerns that people are not used to it or are not accepting it, the key point is that people are asking for it.
That is when we come to this debate. The ability of people to exercise their responsibility will be governed by the options of secure voting. While I am satisfied that there is sufficient evidence for the introduction of secure alternative methods of balloting, I accept that if this proposal for a range of secure balloting methods was reviewed and examined by a totally independent source, such as the CAC, others may be more readily convinced than me. This is one measure the Government must surely consider appropriate. They should not sit back and delay but instigate quickly proper measures to ensure a system of alternative secure methods of voting. That is why I, too, support the amendment of the noble Lord, Lord Kerslake.
I hear what noble Lords have said, particularly the noble Lord, Lord Dobbs, about whether the issue of security is acting as a barrier to the introduction of a commitment in the manifesto. I believe that if the commitment in the manifesto was to be made secure, then the Government would commit to do this first. It sustains the Government’s argument. Of course, in another group I shall be arguing the complete opposite but, for the purpose of this issue, it is important that there is a reasoned and responsible response from the Government. I hope the Minister will engage in an open and constructive debate on this specific aspect of the Bill to ensure that we end up with a system that creates greater participation.