Means of voting in ballots and elections

Employment Relations Bill – in a Public Bill Committee at 11:00 am on 24 February 2004.

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Question proposed, That the clause stand part of the Bill.

Photo of Gerry Sutcliffe Gerry Sutcliffe Parliamentary Under-Secretary (Trade and Industry) (Employment Relations and Consumer Affairs)

I want to explain in detail the reasons for clause 41.A number of trade union ballots and elections are regulated by law. For example, the Central Arbitration Committee may call a ballot of workers under the statutory recognition procedure. Internal union ballots are also regulated, such as leadership elections, ballots on possible industrial action and ballots on political funds.Those ballots are conducted entirely by post, except in the case of statutory recognition ballots, where the CAC may decide that a ballot should be held at the workplace, or by a mixture of workplace and postal voting.

The Government are keen to assist unions to foster and to maintain vibrant internal democracies. Therefore, in line with our initiatives for public elections, we have considered how different voting methods and developments in e-voting might apply to statutory union elections and ballots in future.

The clause gives the Secretary of State a power to provide that a particular voting method is a permissible means of voting for a particular type of ballot. The Secretary of State would set out what factors must be taken into account, or what criteria must be applied by the person responsible, for deciding the form of the ballot. Orders may also allow the responsible person flexibility to decide on different voting methods for different voters, or to allow voters a choice of methods.

In layman's terms, the powers will allow the Secretary of State to set a menu of possible voting methods from which the responsible person will choose a method or methods for any particular election or ballot. Postal voting will continue to be one of the permissible means of voting that the responsible person can choose in all union ballots. It must always be an option, although it need not be a chosen method in every ballot.

Why are the Government taking a power to add to voting methods, rather than amending the law directly now? That would not be appropriate. Although more and more of us are getting to grips with e-mail and the internet every day—it says here—internet penetration is still far from universal. We want to ensure that anyone entitled to vote can do so. That is why the Secretary of State will not be able to provide for an additional voting method until it has been proven that it is widely accessible.

Let us not forget that statutory trade union ballots and elections generally occur in a context very different from that of public elections. The democratic consent of workers or union members is often critical to the resolution of industrial disputes. In the case of recognition and industrial action ballots in particular, the outcomes of ballots have significant material and legal implications. It is critical that employers, workers, unions and their members have confidence in those ballots. Problems in relation to equality of access, secrecy and security—whether real or perceived—could have serious implications for industrial relations, and in many cases for the delivery of public services.

The Government believe that it is sensible to take a power that will allow us to provide for future developments in communications technology. That will allow us to consider carefully the appropriateness for that purpose of each new technology as it develops. Subsection (10) provides a guarantee that no new method will be introduced before its secrecy, accessibility and security against fraud have been assured.

The Government will draw on the experience of e-voting in other settings, as well as public consultation, to satisfy themselves that those matters are adequately addressed before the power is used. Orders made under the power will be subject to the affirmative resolution procedure.

Photo of Henry Bellingham Henry Bellingham Shadow Minister (Business, Innovation and Skills), Shadow Minister

I am grateful to the Minister for that explanation. Can he explain who the responsible person is likely to be? That is not clear in the explanatory notes. Although he touched on it briefly, he did not say who would be carrying out that role.

The Minister is right that I will be meeting the TUC in the near future, although I will not be taking my hon. Friend the Member for Huntingdon with me. I will go to the TUC with an open mind to discuss whether there are grounds on which we can mutually agree on various matters.

Photo of Gerry Sutcliffe Gerry Sutcliffe Parliamentary Under-Secretary (Trade and Industry) (Employment Relations and Consumer Affairs)

I shall not comment on the hon. Gentleman's remark about the hon. Member for Huntingdon, which might get him into trouble.

In the case of a recognition ballot, the responsible person will be the Central Arbitration Committee. It decides the forms of the ballot. In the case of other statutory union ballots, all of which are internal ballots, the responsible person will be the union.

Question put and agreed to.

Clause 41 ordered to stand part of the Bill.

Clause 42 ordered to stand part of the Bill.

Further consideration adjourned.—[Charlotte Atkins.]

Adjourned accordingly at four minutes past Eleven o'clock till this day at half-past Two o'clock.

Stevenson, Mr. George (

Chairman

Atkins, Charlotte

Atkinson, Mr. Peter

Bellingham, Mr.

Bruce, Malcolm

Cotter, Brian

Cruddas, Jon

Owen, Albert

Picking, Anne

Sheridan, Jim

Stewart, Ian

Sutcliffe, Mr.

Tynan, Mr.

Williams, Hywel