Trade Union Bill

Debate between Imran Hussain and Victoria Prentis

Tuesday 10th November 2015 Commons Chamber

[Victoria Prentis]

I am not aware of that letter, although I am aware that there is a debate on the issue. I am talking about the European convention on human rights. There is no proposal from the Government to renege on that at any time in the future, as far as I am aware.

[Imran Hussain (Bradford East) (Lab)]

The hon. Lady talks a great deal about human rights and the European convention. Can she help me by telling me where article 11 talks about armbands and letters of authority?

[Victoria Prentis]

I would like, with your leave, Mr Deputy Speaker, to finish my point and come on to armbands later.

Article 11 allows for proportionate restrictions on the exercise of—[Interruption.] I am referring to article 11(2), which states:

“No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society”.

The European Court of Human Rights has repeatedly acknowledged, as recently as last year, that it is legitimate under article 11 for the Government to legislate to impose conditions on the right to strike where there is evidence that that is justified.

The Court has also acknowledged that the Government have a wide margin of appreciation in deciding how to legislate. Clause 9, as we have heard, introduces a set of requirements on the supervision of picketing, following some sensible concessions that were made by the Minister following the consultation period. The picket supervisor will have to wear a badge, armband or other item to ensure that they are easy to identify. This is hardly onerous.