Lord Katz (Lab)

The point remains that there was not a threshold mandate for the few referendums that we have had. I maintain my point that ballots and elections are not really analogous, and there is danger for everyone in trying to compare the two. The removal of the initial requirements imposed by the 2016 Act will reduce the red tape on trade union activity that works against their core role of negotiation and dispute resolution. On the opposition to Clause 69, the purpose of the clause is to amend Section 234 of the Trade Union and Labour Relations (Consolidation) Act 1992 to change the mandate period for industrial action following a successful ballot from six months to 12 months without the possibility of extension, which we have already discussed in Amendment 246. Among other things, the clause brings the appeals process back in line with the position before the Trade Union Act 2016 and many other enforcement bodies of employment law. For example, appeals against the decision of employment tribunals are considered only on points of law, not points of fact. Amendment 249, tabled by my noble friend Lord Hendy, would require unions to publish results of industrial action ballots on a publicly accessible website, removing the current obligation to notify individual members and employers directly. The Government recognise that the current arrangements can impose a communications burden on trade unions, especially where first-class post is used to provide the notification to members and employers. However, removing the requirement to send direct notification risks reducing the accessibility and certainty of this information to those entitled to receive it. In our view, it undermines transparency and thus confidence in trade unions and the balloting process. Relying solely on a website assumes that members and employers will proactively seek out information, which could lead to disputes over whether that proper notification has occurred. Direct notification ensures clarity and transparency. To address concerns about the administrative burden associated with these communication standards, the Government intend to update the Code of Practice: Industrial Action Ballots and Notice to Employers to encourage the use of email in place of posts where practicable. This approach preserves the principle of direct communication while reflecting modern methods of engagement and reducing administrative costs. For these reasons, I am afraid the Government do not support this amendment. Amendment 251, again tabled by my noble friend Lord Hendy, seeks to simplify requirements on trade unions when issuing notices. While the Government understand the desire to streamline procedures, these notice provisions serve a vital purpose in ensuring that employers have the necessary information to plan for and respond to industrial action. The Government are already reducing the minimum notice period for industrial action from 14 days to 10 days, and removing the specific requirements that unions must provide in notice for industrial action, such as to disclose the number of employees in each category. This amendment risks removing too much detail, potentially leaving employers unclear on the nature, scale and timing of the action being proposed. Again, I am afraid, this is why the Government do not support my noble friend’s amendment. The last amendments in this group are Amendments 251A, tabled by my noble friend Lord Hutton of Furness, and Amendment 251B, tabled by the noble Lord, Lord Sharpe of Epsom. The Government do not support either of these amendments because our general position is not to make sectoral carve-outs from the limitations and conditions which apply to industrial action. This is consistent with our repeal of the 40% support threshold for industrial action and ballots in the repeal of the Strikes (Minimum Service Levels) Act that set further conditions on industrial action in some public services. The same statutory notice period for industrial action across all sectors ensures a simple rule that is clear for all parties involved and that applies in all circumstances. It is then for employers in each sector to manage their industrial relations and their businesses accordingly. However, my noble friend Lord Hutton has some specific concerns around the airline industry and we are happy to meet to understand these concerns further. The issue of the Clause 71 standing part of the Bill was raised by the noble Baroness, Lady Coffey. Alongside our manifesto commitment to repeal the 2016 Act, the Government are committed to bringing in a new era of partnership that fosters meaningful engagement between government, employers and unions, and this is grounded in co-operation and negotiation. We recognise the importance of striking a balance between allowing for effective strike action while also ensuring that employers are able to reasonably prepare for industrial action when, sadly, it has to occur—I should say when workers have voted for it to occur. Clause 71 makes targeted changes to Section 234A of the 1992 Act to simplify the process by which trade unions provide that notification. Specifically, we are removing one element from the current requirements: the need to specify the number of affected employees in each job category. Employers will continue to receive essential information, including the overall number of employees affected, the categories they belong to, and the workplaces concerned. This strikes a sensible balance between reducing bureaucracy and enabling employers to plan to mitigate the impacts of industrial action. Clause 71 also reduces the notice period for industrial action from 14 days to 10 and, consequently, Section 8 of the 2016 Act will be repealed. Moving from a 14-day notice period to a 10-day notice period provides a more flexible, workable approach that reflects modern industrial relations practice. We acknowledge that some groups argued for a return to the previous seven-day notice period, and that others have called for the current 14-day period to be retained. In our view, 10 days represents a balanced compromise. It is the appropriate balance in allowing employers the ability to plan to mitigate the impact of and reduce the disruption and knock-on impacts of strikes, while respecting the right to strike. It reflects consultation feedback, and allows employers time to prepare, while reducing the burden and uncertainty faced by trade unions. Taken together, these reforms simplify the industrial action framework and reduce unnecessary burdens and legal risk for trade unions. Finally, Clause 72—