TUC claims legal advice proves public have been “misled”
THE Trades Union Congress (TUC) says it has been provided with legal advice proving that the Government has “misled the public” about its role in the rail dispute.
The TUC claims it means that Prime Minister Boris Johnson and Transport Secretary Grant Shapps have misled Parliament.
It says an independent legal opinion, by Michael Ford QC, undermines government claims that the dispute is just between the rail operators and unions and that ministers have no role in negotiations. Worse, operators face financial penalties if they enter negotiations without a mandate from Shapps.
The legal opinion, commissioned by the TUC, says that the Transport Secretary has “very extensive powers” over what can be agreed between rail operators and unions.
It concludes that Shapps also “has legal power to give overall direction of how the dispute is handled” and that “reinforcing each of these powers are strong financial rewards and sanctions”.
Having examined the operators’ contracts with the Department for Transport, Ford discovered that before discussing any changes to pay, terms and conditions, redundancies, or restructuring with rail unions, rail operators must agree a mandate with the Transport Secretary.
If an operator fails to agree a mandate before any discussions, or does not follow the directions given by Shapps, it can face financial sanctions.
Ford says this means that operators are not free to agree terms and conditions with their employees without the involvement of Shapps.
He reveals that Shapps has issued a ‘Dispute Handling Policy’ that operators must comply with, and that he has “overarching direction and control of the strike… either because the strategy is agreed with the Secretary of State or because the Secretary of
State simply directs how the strike is to be handled”.
TUC argues that the legal advice conflicts with the public claims of the Government, including statements to Parliament.
On June 15, Shapps told MPs: “These negotiations are a matter between the employer and the union. The employer is meeting the union every single day, and that is the best way to get this resolved.”
On June 22, when the PM was challenged in the House on why he is not speaking to rail unions, he said: “It is up to the railway companies to negotiate, and that is their job.”
The TUC says that the legal opinion helps explain the experiences of RMT officials in negotiations. RMT leaders say progress has not been possible because the DfT has been controlling negotiations in the background, blocking operators’ ability to conduct genuine negotiations and reach agreements with their employees.
The TUC further believes that Shapps has also used media appearances to create the impression that the Government has no role in the dispute or negotiations.
On June 21 (the day of the first strike), when asked on BBC1 Breakfast whether he would meet with unions, Shapps said: “I don’t meet with them because that’s the job of employers. This is an excuse - a stunt actually - from the trade unions, somehow saying if we could only meet face to face it would make all the difference.”
The following day, Shapps told Piers Morgan on TalkTV:
“This is a negotiation over terms and conditions and pay, which is between the union and the employer. It is the only place that that discussion can take place… I can’t settle this dispute.”
Analysis by the RMT suggests that the operators are likely to receive £65 million from the DfT to protect their profits during the three days of strikes so far, further binding them to directions given by Shapps.
TUC General Secretary Frances O’Grady said: “The Prime Minister and his Transport Minister have misled the public.
“When they said the Government has no role in handling this dispute, that’s not true. When they said negotiations are just for the employers and the unions, that’s not right. We always believed that ministers had the power to pull operator’ strings, and this legal opinion confirms it.
“The Transport Secretary could unlock this dispute. Instead, he has toured TV studios throwing fuel on the fire and trying to turn working people against each other.”
RMT General Secretary Mick Lynch said: “We’ve always known the Government has extensive powers in these negotiations and this legal opinion confirms that. Shapps needs to stop shackling the rail companies and allow RMT to make a deal, like we have dozens of times since privatisation.”