Death of a Member: Lord Judge

Lord Hendy Excerpts

Thursday 9th November 2023 Lords Chamber

[Lord Cormack (Con)]

My Lords, for me, Lord Judge was the personification of patriotism. I saw this in a particular sphere that nobody has touched on. For the last decade or so, he was the chairman of a group of people who make an annual award for responsible capitalism. He did that because he believed in the highest standards in all walks of life. The time that he gave to reading the submissions and guiding the judges was just remarkable. I can see the noble Baroness, Lady Bull, who is a recent addition to the judges, nodding. Goodness shone through everything that he did. We shall all be the richer for knowing him and the poorer for his passing.

[Lord Hendy (Lab)]

My Lords, I had the privilege of knowing Igor for just short of 40 years. We first met in that bitter industrial dispute, the miners’ strike of 1984 to 1985, in the raft of litigation: I was in one case for the National Union of Mineworkers, and he was for the Union of Democratic Mineworkers. The bitterness between the two can be imagined. Out of court he was charm itself, such an easy man to deal with. We co-operated as barristers should, for the benefit of our clients and, of course, the court. But in court—my word—he was a lethal advocate, as has already been said and, indeed, as your Lordships know from his interventions in this House.

I also had the privilege of appearing before him several times in the Court of Appeal in some leading cases that time does not permit a discussion of. He was a wonderful judge: courteous, charming, attentive, concise and, of course, just—as one would expect. Before I met him in this House, I also had dealings with him in another context: I was one of the founders of an organisation called the Free Representation Unit, which arranges young barristers to represent people who would not otherwise be represented in employment tribunals, social security tribunals and so on. Igor was its patron and an ardent supporter. Those qualities demonstrated to me things that I saw so many times when he spoke in this House: his humanity, his empathy for those less fortunate than ourselves, and his respect for the rule of law. I am pleased to say that last night we had an event marking the 51st anniversary of the founding of the FRU and a minute’s silence for Igor. We will miss him, and I will miss him.

[Lord Patel (CB)]

My Lords, I am probably the last speaker, as time is running out. My tribute is very personal. Igor treated me as if I were his confidant, not just about his health but about other things, and we spoke regularly. I last spoke to him last Saturday. He had come out of hospital at the time. He regarded me as a friend, and it was a great privilege. He gave me the impression that I was his personal friend. That is the memory that I will keep of Igor. I shall miss my friend.

Democracy Denied (DPRRC Report)

Lord Hendy Excerpts

Thursday 12th January 2023 Lords Chamber

[Lord Hendy (Lab)]

My Lords, I add my compliments to those of others in the House on the excellent maiden speech from my noble friend Lord Prentis.

I declare an interest as another member of the Delegated Powers and Regulatory Reform Committee, the first and only committee in the House on which I have had the honour to serve. I take the opportunity to praise the diligence and insight of the committee’s members, many of whom have spoken today, and of course the two wonderful chairmen of the committee in my time on it, the noble Lords, Lord Blencathra and Lord McLoughlin. I echo others in praising our superb clerk, Christine Salmon Percival, and her assiduous assistant, Louise Andrews. After 45 years of practice at the Bar myself, I specifically praise the counsel to the committee, James Cooper, Nick Beach and Che Diamond. Their wise and concise notes on legislation before the committee have been, and are, simply magnificent.

As to the issues raised in the two reports under consideration, to me there appears so far to be virtual unanimity across the House as to the principles that ought to apply and that are so often ignored. Since the publication of Democracy Denied?, and indeed Government by Diktat, I have sometimes wondered whether the committee is wasting its time in making recommendations, essential for democracy, which are so often ignored.

I agree with my noble friend Lord Stansgate that this is not a party-political issue. It arises from a fundamental tension between the Executive and Parliament. After all, as he mentioned, we fought the civil war on this very issue some 500 years ago. It seems that the current balance is still wholly unsatisfactory; it needs reregulation. I agree, of course, with the conclusions of both committees, perhaps captured by the first recommendation of the Hansard Society, which suggests:

“A new concordat between Parliament and Government, including a set of ‘Principles for Legislative Delegation’, to reset the boundary between what should go in Bills and what should go in SIs.”


I would add “and in tertiary and disguised legislation” as well, as described so impressively by the noble Lord, Lord Blencathra, in opening this debate and set out in paragraphs 89 to 112 of Democracy Denied? I hope the Government will find time to reform along the lines proposed, whether by legislation or otherwise, to achieve the objectives desired on all side of the House.

P&O Ferries

Lord Hendy Excerpts

Wednesday 23rd March 2022 Lords Chamber

[Baroness Bloomfield of Hinton Waldrist (Con)]

I assure my noble friend that P&O is still accountable for its deficits in the pension scheme, particularly in the Merchant Navy ratings reserve fund. Regarding interaction with the trade unions on the situation, we are working closely with them to understand their concerns and act in support of their aims where possible, including to establish the legality—or lack thereof—of the actions of P&O. Minister Courts held a round table with maritime unions last week to discuss how Governments can best support maritime workers. We will continue to engage with unions as appropriate.

[Lord Hendy (Lab)]

My Lords, I am glad that Her Majesty’s Government are considering changes to the law to prevent this sort of outrage happening in the future. However, one thing is clear. Simply tightening up the loopholes exploited by P&O, or increasing the financial compensation caps, will not be enough with an employer who has long pockets. I suggest three steps which would have real teeth. First, as the Minister has mentioned, Barry Gardiner’s fire and rehire Bill would allow an injunction to compel consultation. Secondly, we should amend the Equalities Act to allow an injunction to prevent what is clearly discrimination on grounds of nationality. Thirdly, trade unions should once again be allowed to take solidarity action.

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, we are committed to reviewing and monitoring the impacts of minimum wage legislation—including for seafarers—very closely, to ensure that it meets modern employment practices. Two years ago, the Government pledged to conduct a review of all NMW law in relation to seafarers and a working group was formed to explore this. I am sure that we will be looking at its results in responding to this crisis.

Business and Planning Bill

Lord Hendy Excerpts

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Monday 20th July 2020 Lords Chamber

[Lord Cormack (Con) [V]]

My Lords, I have no doubt that my noble friend Lord Blencathra would indeed go through in the way he suggests. I will be very brief. I am concerned entirely with the issue of pavement licences, and I raised these matters in Committee a week ago. When new constraints are imposed or new freedoms given—even if for only a very brief period, relatively speaking—it is important that we should know precisely where we stand. That is why I have said, in my Amendment 17, that the Secretary of State should have no discretion on whether he prescribes conditions: he must prescribe conditions. I have gone on to say, in my Amendment 18, that he must have regard for those who will be inconvenienced by these new freedoms and conditions, specifically people who are disabled physically or who are blind or partially sighted.

I am afraid I have not received the letter to which my noble friend Lord Blencathra alluded in his speech, and I therefore look forward to hearing what my noble friend the Minister has to say. I agree with both my noble friend Lord Blencathra and the noble Lord, Lord Holmes, that this is one occasion—there are few, but this is one—where it might be helpful to have an earlier ministerial intervention than normal.

I want to feel assured at the end of this debate that people who are physically disabled, blind or partially sighted are not going to be inconvenienced by the new freedom that has been granted to people to spill over on to the pavement. In earlier debates, we heard how very dangerous that can sometimes be. We must always have uppermost in our minds the proper protection of those who are not always able to protect themselves and who, perhaps unlike my noble friend Lord Blencathra, do not drive mini tanks fearlessly along the road or on pavements.

[Lord Hendy (Lab) [V]]

I will speak to Amendment 4 and endorse everything that my noble friend Lord Hain said in his powerful speech in support of it. As he pointed out, the striking thing about this amendment is its modesty. All it requires is consultation of relevant trade unions and businesses over the granting of pavement licences. As was pointed out in Committee, for 70 years and three weeks since it ratified ILO Convention 98 on 30 June 1950, the United Kingdom has voluntarily assumed the obligation to encourage and promote collective bargaining. The United Kingdom fortified its commitment to collective bargaining when it ratified a similar obligation in Article 6 of the European Social Charter in 1972.

The need for collective bargaining, particularly at sectoral level, was brought home when we learned of the appalling conditions and pitiful rates of pay—often less than half the national minimum wage—in the sweatshops of the Leicester garment industry. We saw that need again in the agricultural sector, when an outbreak of Covid-19 among workers at a vegetable farm revealed the appalling living and working conditions among the workers there. We know that, in agriculture, conditions and pay are so bad that it was found necessary to fly pickers in from Romania earlier this season, since British workers, even faced with unemployment and the terrors of universal credit, were not prepared to put up with them.

The answer in these and other sectors was explained long ago in the other place by Sir Winston Churchill, who in 1909 introduced legislation to make sectoral collective bargaining mandatory. I will read three sentences from his speech that day:

“It is a serious national evil that any class of His Majesty’s subjects should receive less than a living wage in return for their utmost exertions.”


He continued:

“where you have what we call sweated trades, you have no organisation, no parity of bargaining, the good employer is undercut by the bad, and the bad employer is undercut by the worst”.

He concluded by saying:

“where those conditions prevail you have not a condition of progress, but a condition of progressive degeneration.”—[Official Report, Commons, 28/4/1909; col. 388.]

Hence, the Trade Boards Act 1909 was introduced and passed.

My noble friend Lord Hain referred to Roosevelt and the New Deal. Part of that was the National Industrial Recovery Act 1933, which introduced sectoral collective bargaining widely in the United States. It is in these circumstances that I stress the modesty of the amendment my noble friend proposes today. There can be no sensible reason not to adopt it, and I commend it to the Minister.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Hendy, in supporting the amendment put forward by the noble Lord, Lord Hain. This is not only a very sensible and modest amendment; it will provide a new framework for co-operation between businesses and employees, as the noble Lord said. Why not allow employees to have a say over the implementation of pavement licences, as they will be directly impacted upon and charged with the responsibility of ensuring that—shall we say—the letter and spirit of the law is adhered to?

Employees have discharged many responsibilities during the whole Covid pandemic. However, there is absolutely no doubt—and there is evidence-based research to prove—that when employees, employers and businesses co-operate, it boosts performance, production and profitability, lifts living standards and enhances job prospects. We can look to Germany and the role of work councils, which we talked about last week when considering a similar amendment in Committee.

I have no hesitation in supporting this amendment in my name and those of the noble Lords, Lord Hain, Lord Hendy and Lord Monks. I commend it to your Lordships’ House and ask the Minister to give dutiful consideration to accepting it.