Employment Rights Bill

Debate between Baroness Fox of Buckley and Lord Goddard of Stockport
Baroness Fox of Buckley Portrait Baroness Fox of Buckley (Non-Afl)
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My Lords, I want briefly to commend the noble Lord, Lord Hendy, for putting this amendment forward. I have a lot of sympathy with it. The noble Baroness, Lady Jones of Moulsecoomb, has explained some of my reasons for supporting it.

I just wanted to note that it is very tempting when rights are being taken away to want to consolidate them via the law and constitutionally. I felt it myself in relation to civil liberties, which I think are under attack: the right to protest and in particular free speech. I keep wishing there was a First Amendment, because then it would be there and they would not be able to attack it.

However—this a good faith question—when I heard the noble Lord, Lord Hendy, justify it in relation to international treaties, ECHR, the Council of Europe and so on, I started to worry that maybe this would become one of those treaties where it would be, “You can’t touch this” and you would end up treating it technocratically, as it were. Rather than it being fighting for the right to strike, it would be fighting for the principle of the right to strike with ordinary workers, rather than simply referring to defending it in the law. So can the noble Lord, Lord Hendy, even though he does not stand a chance of getting it through, reassure me that this is not just an attempt at ring-fencing a right, but then neglecting to fight for it in real life? I commend him and the noble Baroness, Lady Jones, for raising this, because I really do feel that rights need to be protected under this Government as much as any other, I have to say.

Lord Goddard of Stockport Portrait Lord Goddard of Stockport (LD)
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My Lords, these amendments, proposed by the noble Lords, Lord Hendy and Lord Woodley, are I think as people have outlined. I have been on the wrong end of that legislation on a number of events—official strikes, unofficial strikes and secondary picketing. As a shop steward you are responsible for taking those actions for a company; there are consequences and I have suffered consequences from that.

It is not that I agree with the rights being taken away, but I think times have changed and unions have moved on now. The right of anybody to remove their labour, if they are pushed to it, should be a universal right, but it should be used very sparingly and in very special circumstances. It is all very well rushing to legislation and quoting the European Court, but we live in the real world and when things happen to people at work and people are treated badly, sometimes we have not got time to go and contact the KC and get case law. We just do the things that we used to do and take that action straight away. Sometimes that resolves the matter fairly quickly, because a reasonable employer will see the action you have taken as a direct result of another manager doing something that was not in agreement. So I get the thrust of this.

I have had notes typed and I have been writing my own notes, but I think the top and bottom for me is the amendment is seeking to restore a trade union’s flexibility in choosing which members to ballot and removing some procedural requirements and obligations to notify employees in advance of ballots. I think that time has gone as well.

Reinstating rights for prison officers, the group currently subject to significant legal limitations, is one I would like to slightly explore. The intent behind these amendments is to strengthen trade union rights and promote collective bargaining. The concern is potentially around impact, industrial relations and public safety, especially with the actions of prison officers. I say to the noble Lord, Lord Hendy, and to the Government that the way to protect prison officers is not to enshrine the right to strike but to remove the reasons why they would want to strike. That really is about improving the Victorian conditions that we have in 2025 prison systems, where people go into prison and come out worse criminals or nine out of 10 as drug addicts or whatever.

Governments, instead of trying to give extra law for prison officers, should be looking at the root cause. I know there is a prison plan being built and we are trying to get more education into prisons—if you want to speak to the noble Lord, Lord Timpson, he can give you chapter and verse on that, as I have listened to him doing. I hear why it is being done, I understand why it is being done and I know that it is not got a hope in somewhere else of getting through. But I thank the noble Lord for bringing it forward, because sometimes it is good to realise that things that we used to do are perhaps today not even politically correct to do. Human rights and the rights of people who go every day to work, to earn a living and support their family, need airing and need protecting. I know this is a probing amendment, but I thank the noble Lord for bringing it because it is interesting. Now and again it is good to be reminded of how it used to be and how it can be now.

Football Governance Bill [HL]

Debate between Baroness Fox of Buckley and Lord Goddard of Stockport
Lord Goddard of Stockport Portrait Lord Goddard of Stockport (LD)
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I do not disagree with the noble Baroness’s principles or beliefs when she talks about the nanny state and it being up to individuals, but where does she sit on smoking? Smoking was acceptable and everybody smoked, and sponsorship in sport was rife, with motor racing teams and darts competitions named after cigarettes. People do not smoke any more; society has changed. Unless you take positive action, you do not get that change. There is nobody in this Chamber now smoking; there is nobody in the hospitals smoking; there is nobody inside or outside football grounds smoking. That is a great thing. It is called taking responsibility for society. I wonder what the cost of gambling is to the NHS and the various other bodies that have to pick up the pieces of our individual choices and liberties. Those liberties are your own until they affect me and you, and him and her, and the NHS; it then becomes my responsibility to say something about it.

Baroness Fox of Buckley Portrait Baroness Fox of Buckley (Non-Afl)
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I was on my last sentence, but I will now make it two sentences.

The noble Lord says that nobody is smoking now. It happens to be the evening of the Terrace Club’s Christmas bash. That is the House of Lords smokers’ group, and I can assure the noble Lord there are quite a lot of them smoking, cross-party, including from his own party. They are drinking and smoking, and every party is represented. It is in the hut round the back, by the way, in case anyone wants to pop out. There are quite a lot of people who smoke still.

Smoking advertising was taken out of sports, and a number of sports nearly collapsed—darts and snooker had a real problem. The funny thing is, guess who came in to save them? The gambling companies came in and saved those working-class, grass-roots, rank-and-file sports. Good on them, I say. The working classes were grateful at the time, and they did not all become problem gamblers as a consequence. They enjoyed the sport.