My Lords, I do not want to repeat points which have already been made by other noble Lords, but two points do bear underlining. First, the consultation period has already been mentioned, but I am not sure that noble Lords know its exact dates. It opened on 17 July this year and closed on 16 August. I would like to ask any fair-minded person whether they thought that to be a sufficiently long period for consultation, and whether that was the right time of year to have such a serious constitutional consultation. My second point, which has already been made but bears repeating, is that the Regulatory Policy Committee stated that:
“The impact assessment lacks a sound evidence base and is insufficiently robust to justify RPC validation of the estimated costs to civil society organisations (trade unions)”.
That is a damming indictment of the process that this Government have adopted. Even if the proposals were valid and fair, and even if we understood their motivation, I would say that the process is not just flawed but a public disgrace.
Let us look again at the impact assessment. I should emphasise that I am not criticising the civil servants who drafted it. They are magicians; they have conjured up some window dressing for this crackpot idea, which puts them on a par with Tommy Cooper. I blame the crackpot idea. The impact assessment states:
“Anecdotal evidence from a few employers provided as part of informal consultation with stakeholders suggests that some employers would benefit from being provided greater assurance that membership lists are accurate”.
“A few employers”; “suggests”; “some would benefit”: how in the name of bureaucracy are some employers going to benefit from a certificate? That is all that they are going to get. In the next paragraph the impact assessment states:
“Given the complexity of maintaining up-to-date registers there is a danger that trade union members, employers and the general public will not be confident that unions are complying with their duty to maintain an accurate and up-to-date register”.
Who says that there is a danger? Here is another quote:
“We have received views from some employers that there is a perception”—
this is going further and further back—
“that trade union membership details may be inaccurate”.
Yet the impact assessment then goes on to state:
“But we have no direct evidence that unions are not complying with the existing statutory duty to maintain their list of members”.
Let me repeat that. This impact assessment—which the Government expect us to take seriously, even though it was not actually published at the same time as the Bill—acknowledges that there is no evidence that unions are not complying with the existing statutory duty to maintain their list of members. This is a shocking example of a complete failure to produce evidence to justify this dubious policy.
The finances are also way out of line. We are told that independent assurers will be appointed from professional bodies such as solicitors, auditors and scrutineers. The cost to the trade unions for these assurers is estimated by the impact assessment to vary between £5,000 and £15,000. I have never met an auditor yet who would get out of bed for those sorts of figures. I could go on. The intellectual base and the rationale for this proposal are absent, but the petty prejudice of this Government is only too obvious.