That is not a matter that can be proved. Clearly, those of us who know about employer relations in the industry knew that Bob Crow was a widely respected, sensible and realistic trade union negotiator. The problem was that he was very tough—he drove a tough bargain on behalf of his members. Let us not forget, when we debate manifesto commitments and ballot thresholds, that the balance of power at the workplace, setting aside London and the RMT, is massively loaded in favour of the employer. Trade unions throughout their history have needed to work very hard and make big sacrifices to prosecute their case and get any benefits from taking industrial action. That is the kind of point that the noble Lord, Lord Monks, made—it is about getting some kind of balance. I understand the manifesto commitment and I understand where the Government are coming from, but it is balance that we are looking for in this debate. It is a question of what seems to be fair and reasonable, and the two clauses, both the 50% and 40%, seem a bridge too far.
My Lords, I shall not detain the Committee for too long, but I want to talk about Clause 3 standing part of the Bill. It illustrates the problem of combining a 50% turnout requirement with a 40% of eligible votes being in favour. Can the Minister confirm whether the figure of 40% was in the Conservative manifesto?
We have had all kinds of figures bandied around; we have had 35%, 20% and 25% as suggested rates, but none of these works. We have had the noble and learned Lord, Lord Brown, talking about 499 out of a workforce of 1,000 voting for action but unable to make it legitimate because one person did not vote in favour. And if you had just a 50% turnout, 80% would have to vote in favour for industrial action. It is important to have strong support for action if you are going to inconvenience the public, but I do not believe that this is the way, so my party does not believe that Clause 3 should stand part of the Bill.