Tory fears exposed

The government’s controversial trade union Bill is starting to unravel, as a recently leaked letter exposed Tory ministers fearing a defeat of the legislation as it passes through the House of Lords.

 
The letter, which was written by skills minister Nick Boles and addressed to Tory ministers Oliver Letwin and Chris Grayling, with prime minister David Cameron and other ministers also copied in, was leaked to the Socialist Worker yesterday (February 8).

‘Deeply unhappy’
In it, Boles set out a series of concessions that he believed might make the trade union Bill more palatable in the eyes of peers who have lambasted certain measures, such as a blanket ban on check-off in the public sector and high thresholds on strike ballots.

 
“Second Reading of the trade union Bill in the House of Lords made clear that a number of Labour and Liberal Democratic peers were deeply unhappy with the bill and were looking to revise the Bill significantly,” Boles wrote.

 
“We can expect a great many amendments to be tabled and if put to a vote, the Government is likely to suffer defeats,” he added. “There are areas to the Bill where we could make changes to the Bill, without significantly defeating its primary purpose.

 
“Whilst I accept that not all proposed concessions will fully address the concerns that were being raised, a willingness to give some ground on certain aspects of the Bill may lead to a less hard line response to the Bill on other issues.”

Secure workplace ballotting
Boles suggested a review on e-balloting so that peers do not reject strike ballot threshold clauses, which, as they stand now, will mean that 50 per cent of those entitled to vote must take part in a strike ballot for the strike to be considered lawful. An additional clause requires that, for members in certain public services, 40 per cent of those entitled to vote must vote yes for the strike to be legal.

 
These measures were originally introduced under the guise of addressing what the government has seen as a problem with low turnouts in strike ballots.

 
But unions, including Unite, have long said that postal-only strike ballots are outdated and, if reformed, would increase turnout dramatically.

 
In his suggested concession, however, Boles implied that the government should have no intention of actually reforming postal balloting.

 
In the letter, he noted that the government should merely “propose committing to a review charged with looking into alternative methods for union ballots” but went on to emphasise that there should be no explicit timeline on when the review should report.

 
Unite has long called for secure workplace balloting to replace a postal-only system.

 
Today (February 9), Unite general secretary Len McCluskey warned members of the House of Lords against “falling for the government’s empty promises and accepting what is still an undemocratic and ideologically driven bill”.

 
“The only way to increase participation in industrial action ballots is by using secure workplace balloting,” he argued. “It’s a method used frequently over the last decade by the government’s own Central Arbitration Committee in workplaces where trade unions are seeking recognition. During that period there has not been one case of irregularity.”

 
“A review with unknown dates and unknown outcomes, which doesn’t include secure workplace balloting will not address the issue of increasing participation,” McCluskey added.

‘Ludicrous situation’

Boles also urged the Tory ministers to make concessions to the devolved governments of Wales and Scotland, including establishing a legal duty to consult both governments on certain aspects of the Bill, as well as allowing them to retain public sector check-off arrangements, while not extending such concessions to England.

 
McCluskey, too, warned peers about these concessions, noting that “members of the House of Lords need to be alert to government ministers leaving English workers with fewer rights than Scottish and Welsh workers through the imposition of undemocratic thresholds and removal of check-off.”

 
“It would lead to the ludicrous situation of a refuse collector in Carlisle having fewer protections than their colleague working for the same company in Stranraer and give firms the headache of needless red tape to implement,” he said.

Political fund
Other changes to the trade union Bill that Boles suggested in his letter including ending the requirement that a picket line supervisor wear an armband to identify himself, and altering the way in which trade union members can opt in to trade unions’ political funds.

 
The Bill as it stands now would require members to opt in to the political fund  – a measure that replaces the current provision that members can simply opt out of the political fund.

 
Ministers and trade unions have argued that this is an underhanded and partisan move to starve the Labour party of political funding. To settle this concern, Boles has suggesting allowing members to opt-in via email rather than only by post or by hand in order to make the process easier.

Not far enough
TUC general secretary Frances O’Grady highlighted that the TUC “continues to oppose the trade union Bill in its entirety.”

 
“However,” she noted, “we are pleased that ministers recognise that large parts of it are not fit for purpose.”

 
“This letter exposes the huge legal and constitutional problems the Bill will face if it is to come into law in Scotland and Wales,” she added. “And it recognises the independence of the Certification Officer is under threat.

 
“The changes discussed in this correspondence are important. However, they do not go far enough.”

 
Len McCluskey also stressed that the proposed changes fall short.

 
“While the concessions in the leaked letter point to a realisation among ministers to growing opposition to the bill, they don’t address the fundamental thrust of this ideological and hated bill,” he said.

 
Line by line examination of the trade union Bill began yesterday (February 8) at committee stage in the House of Lords. The Committee stage will continue tomorrow (February 10).

 
The leaked letter revealing that the Tory government may be prepared to back down on the Bill comes during Heart Unions week, in which members celebrate their trade union as they reject the government’s attempts to destroy the central representative institution for working people.

 
Find out how you can get involved in Heart Unions week here.