I have no idea what that means. It has such a range of interpretation that it gives the assurer the ability to provide information to virtually anyone for any purpose. It will undermine the confidence of workers who have experienced blacklisting or victimisation and workers who are currently at risk if the Bill is passed in this form.
One of the reasons why there may be a disclosure of information is
“where it is required for the purposes of the investigation of crime or criminal proceedings.”
In the real world of industrial relations, many Opposition Members have seen a crime being alleged because of the process of picketing. Because the list includes the investigation of an alleged crime, the certification officer will be able to hand over the names and addresses of pickets who are accused of action that could be construed to be illegal. That will undermine people’s ability to exercise their democratic rights as trade unionists by undertaking picketing or other forms of industrial action.
I am anxious about the whole clause. It flies in the face of the assurances that have been given in the House that blacklisting and victimisation will be addressed. People have been blacklisted or victimised simply because they are trade unionists or health and safety representatives. On the blacklist that we discovered, names had been misinterpreted and the wrong people had been identified. Some people had been blacklisted simply because they had undertaken political activities unrelated to trade union activities.
The Opposition amendments simply try to gain the assurance that a duty of confidentiality will be placed on the officers who will implement the new regime. I do not find that to be excessive. It will not introduce burdens on trade unions, the certification officer or the assurer. It will simply clarify their legal duties. One of their legal duties must be to protect the information that they are inspecting or, to use the new verb, “assuring” as a result of this legislation.
I urge the Government to accept the amendments. I hope they do, but even if they cannot, they can at least take the spirit of what Opposition Members have said and return with their own amendments to ensure that there is a duty of confidentiality on the officers concerned; that the qualifications can be properly examined when the assurer is appointed; that assurers can be dismissed if there is a breakdown of confidentiality; and that there is absolute security for the information the assurer guards and controls on behalf of the trade union.