TRADE union leaders were silent on proposing any action on Thursday despite a vote taken in the House of Lords on Tuesday being a significant step in the government’s challenge to the democratic rights of UK citizens.
The Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Bill is intent on severely hindering third-party campaigning.
The bill is on the cusp of royal assent, which is due to take place this April.
Tuesday saw the House of Lords vote through the bill without the amendments they had previously made.
The amendments were overturned in the House of Commons last week and would have made the bill slightly more palatable.
However, as it now stands, the bill will have a devastating effect on trade unions, which is surely the government’s intention.
Unions will be beset with endless bureaucracy.
Last Tuesday, January 21, campaigners had presented a petition of nearly 12,000 anonymous signatories to Lord John Monks, who has been leading opposition to Andrew Lansley’s Lobbying Bill in the House of Lords.
The TUC said: ‘The bill is flawed on many counts, but the petition focuses particularly on the need for trade unions to reveal membership data to government agents and third-party auditors, raising concerns about blacklisting of union members.’
The bill will allow government-appointed trade union certification officers to impose fines on unions for not having a completely accurate membership list.
Anyone involved in large membership organisations, not least political parties, will understand the complexity in keeping their records 100% accurate.
People are constantly joining, retiring or changing jobs. It is a recipe for failure.
But that will result in a hefty fine and potentially a gag on the union, preventing it from communicating with its members.
Of equal concern is that employers, who often agree to allow union subs to be deducted from an employee’s monthly pay and thereby complicit in this process, will now be able to raise complaints about the membership records of the union.
At times when negotiations are ongoing between a trade union and an organisation, who is to say that this power will not be exploited?
Most worrying is the access the government is giving itself to union membership records.
In the wake of the blacklisting scandal last year, thousands of people who have opted to keep their union membership private will now have to allow the government access.
This is potentially in breach of article 8 and 11 of the European convention on human rights.
Many other campaigning groups have spoken out against the caps the bill will impose on them, with overall spending limits slashed by 60% in the run-up to a general election, regardless of involvement in the political process.
The implications are clear for trade unions that do significant work in local communities and help fund local party candidates in council and parliamentary elections.
There has been loud, stringent opposition from a huge number of charitable and campaigning organisations, from the British Legion to Battersea Dogs and Cats Home, as well as the Electoral Commission and Citizens Advice Bureau.
The UN rapporteur on rights to freedom of peaceful assembly and association, Maina Kiai, warned: ‘Although sold as a way to level the electoral playing field, the bill actually does little more than shrink the space for citizens – particularly those engaged in civil society groups – to express their collective will.
‘In doing so, it threatens to tarnish the United Kingdom’s democracy.’
The Communication Workers Union raised this matter via an emergency motion at the Trade Union Congress (TUC) conference last September and had worked with other unions by drafting amendments to put into the bill.
But the majority that the government enjoys within parliament means ‘none of our fears and concerns have been addressed,’ say the CWU.
Contrary to government propaganda in promoting it, the bill fails to tackle the scandal of ‘cash-for-questions’, which has tainted several MPs in recent years and presumably was the initial impetus.
The lobbying industry is free to continue secretly cajoling politicians while charities and trade unions will be silenced.
This is an attack on the trade unions and the rights of individuals to speak out and it has become clear this was the point from the outset.
On being passed into law, this pernicious bill will be to the detriment of millions of hard-working people in the UK.
Communication Workers Union (CWU) general secretary Billy Hayes said on Thursday: ‘The “Gagging bill” is a very serious concern for all UK trade unions and it will severely hinder our ability to take part in third-party campaigning.
‘We have fought against this bill, which we see as a challenge to the democratic rights of UK citizens.
‘The CWU tabled an emergency motion at last year’s TUC Congress and drafted amendments along with other unions to put into the bill.
‘However, the government’s majority in Parliament means none of our fears and concerns have been addressed and it is extremely concerning that this bill has now passed into law.’
Last year’s TUC Emergency Motion 05: Lobbying Bill stated: ‘Congress believes that the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill is a clear attack on democracy in this country.
‘Congress condemns the government’s cynical introduction of the bill to the House of Commons at the start of September and its deliberate timetabling to avoid detailed scrutiny in the House of Commons.
‘Congress notes that the Electoral Commission on 3rd September suggested the bill will create uncertainty, raises questions of workability and will be impossible to enforce. Congress further notes there have been no requests for new restrictions on trade union membership from the Trade Union Certification Officer, employers or trade unions themselves.
‘The comments by the Prime Minister in the House on the 4th September 2013 are the clearest indication yet that the real reason for the bill is to curb the campaigning activities of the trade unions.
‘The new law would be neither necessary nor proportionate. Further, it only covers one per cent of the lobbying industry.
‘The bill would seriously limit the campaigning activity of registered third parties, trade unions, charities and others.
‘Such attacks and state-imposed restrictions run contrary to the ECHR, allowing workers to join a union for the protection of their interests.
‘The Bill restricts the campaigning activities of trade unions, charities and other civil society groups – including those who seek to protect the rights of citizens and fight oppression and discrimination.
They cover the lead up to local, European and parliamentary elections and also impact on the devolved administrations of Scotland, Wales and Northern Ireland. These provisions also attack democracy, freedom of speech and are designed to silence coalition critics.
‘The bill totally fails to introduce transparency or accountability to the lobbying sector by limiting the bill to consultant lobbyists.
‘The Bill creates new unjustified intrusions into individual trade unions’ membership arrangements.
‘Congress agrees that the General Council should:
‘continue with its work with charities, third parties and others who have expressed their opposition to this bill in order to develop co-ordinated action to its opposition;
‘explore the potential for legal action against its implementation and co-ordinate this action with all who are willing;
‘investigate and report to all affiliates on the practicalities of a policy of non-co-operation should the bill become law;
‘adopt a position of campaigning for the full repeal of the bill should it become law.
‘Congress calls on the TUC to ensure:
‘the attacks on trade unions within the bill are rejected;
‘the assault on free speech, democracy and the gagging of campaign groups is defeated;
‘an acceptable framework for regulating lobbying is introduced.’
Mover: Unison
Seconder: Communication Workers Union
