I want to make progress, because we want to scrutinise other elements of the Bill today.
My hon. Friend the Member for Stevenage (Stephen McPartland) made a powerful contribution. He mentioned that social pressure can be applied to make people go on strike; those at the workplace who are not members of a particular union may be affected by industrial action. They might be an example of those who would like reassurance about the updating processes for the membership lists.
The right hon. Member for Wentworth and Dearne (John Healey) asked whether we would commit to publishing legal advice. As he will know from his time as a Minister, the convention is that the Government do not publish such advice. I am, of course, happy to give reassurance on his point. Clause 36 requires the provision of the certificate but will not contain information about individual members, so the article 8 right to privacy is not breached. I am sure that when we discuss the next group of amendments we will come to some of those human rights, privacy and confidentiality issues.
The hon. Member for Inverclyde (Mr McKenzie) said that data would be revealed in some way, but the confidentiality of members’ details will still be subject to data protection rules, the Human Rights Act and the obligations of confidentiality in clause 37.
The hon. Member for Hayes and Harlington (John McDonnell) said that the provisions would displace core union activity, but we should recognise that the changes are modest. Unions are already required to keep the register of names and addresses and of course we will work with unions and others to ensure that there is a smooth transition to the new system, supported by appropriate guidance.
Analogies with other membership organisations were raised by various Members. As I outlined to the hon. Member for North Ayrshire and Arran, charities are regulated by the Charity Commission, which has widespread powers that focus on financial management because of the importance of donors and beneficiaries. The commission can carry out regular supervision and monitoring, including compliance visits. If a charity is under investigation, the commission can freeze assets and suspend or remove trustees. In the case of companies, the Companies Act provides the regulatory powers. The information has to include names and addresses and dates of membership, and fines and penalties are in place for non-compliance with these duties. The IOD and the CBI are lobbying organisations incorporated by royal charter, which means that the Privy Council is responsible for significant aspects of their internal control. I doubt that unions would think that those regulatory frameworks were appropriate to their unique status. Trade unions have a unique set of powers. They have rights and obligations—for example, the ability to take industrial action without financial liability for the consequences on those it affects. That is a special set of rights and it is therefore appropriate that they have a tailored set of regulations.
The hon. Member for Leyton and Wanstead (John Cryer) said that it is hard to keep accurate records of a work force, particularly in sectors where they are very fluid, such as construction, where there is significant churn. I absolutely appreciate those points and agree with him. That is why it is important that good procedures are in place to provide assurance that the lists are up to date. That is qualified by the phrase,
“as far as reasonably practicable.”
We will take into account the difficulties that are encountered.
The hon. Member for Aberdeen North made a thoughtful contribution in which he made good points about previous problems with great swings in policy direction from one Government to the next and the importance of trying to get agreement between the TUC and the CBI. There can often be common ground, as we find through the agreements on, say, the agency worker regulations or the way in which such organisations are able to work together through institutions such as the Low Pay Commission. He thinks that we are demonising trade unions, but I respectfully disagree. Many companies have very good relations with trade unions which play an important and welcome role. He over-eggs the impact that this measure will have.
I have dealt with the consultation issue raised by the hon. Member for Wansbeck. The hon. Member for Blaydon (Mr Anderson) made a number of points that mainly echoed others that had already been made and that I think I have dealt with. I appreciate that I may not have satisfied every member of the Committee. None the less, I have set out why clause 36 should stand part of the Bill and the amendments should be rejected.