Lawful Industrial Action (Minor Errors) Bill Debate

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John Bercow

Main Page: John Bercow (Speaker - Buckingham)

Lawful Industrial Action (Minor Errors) Bill

John Bercow Excerpts
Friday 22nd October 2010

(13 years, 9 months ago)

Commons Chamber
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David Nuttall Portrait Mr David Nuttall (Bury North) (Con)
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May I thank you, Mr Speaker, for calling me to speak in this Second Reading debate? It is a great honour and privilege to have the opportunity to speak on this first Friday sitting of this new Parliament. Indeed, not only is this the first Friday, but I am the very first speaker to be called other than the promoter of this, the very first private Member’s Bill, of the many the House will no doubt consider, not only in this Session, but throughout this Parliament.

I should start by declaring an interest, in that I am the president of CAW—Conservatives at Work, which is the new name for Conservative Trade Unionists—for the north-west region. To be fair, it is some years since the name was changed, from the CTU, as it was back in the 1980s, to Conservatives at Work. The name was changed to reflect the fact that the organisation accepted not only members of a trade union. Indeed, there were many other members who had never been members of a trade union, but who were nevertheless interested in industrial matters and industrial relations generally. I have never been a member of a trade union myself, although—[Interruption.]

John Bercow Portrait Mr Speaker
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Order. There is a lot of chattering taking place. Whether Members are yet captivated by the hon. Gentleman’s speech I do not know, but they should certainly give themselves the chance. We need a more orderly atmosphere; this is rather unconventional. I call Mr David Nuttall, who I feel sure will shortly address the Bill.

David Nuttall Portrait Mr Nuttall
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I will indeed, Sir, but I feel it important that I should declare my interest.

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David Nuttall Portrait Mr Nuttall
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My hon. Friend is quite right. I will have something to say on that later, although I should point out now that section 232B, entitled “Small accidental failures to be disregarded”, which the Bill seeks to amend, was actually introduced by the Labour Government, through the Employment Relations Act 1999. We can therefore safely assume that this measure, which was not originally in the 1992 Act, was one that the Labour Government wanted included in that Act.

Subsections (2A), (2B) and (2C) of section 230 of the 1992 Act contain special provisions relating to the requirements that are applicable to merchant seamen—who have special requirements owing to the nature of their work—who are also members of a trade union.

I genuinely congratulate the hon. Member for Hayes and Harlington on his perseverance with this measure. On Thursday 23 November 2006, almost four years ago, he came 16th out of the 20 successful Members in the ballot in that Session. He then decided to introduce the Trade Union Rights and Freedoms Bill, which was part of a campaign being pursued by the unions following the Trades Union Congress of 2005, which had passed a motion calling for a trade union freedom Bill in the wake of the dispute between Gate Gourmet and its catering staff at Heathrow airport. Members will note a common thread involving Heathrow airport and airport matters. One of the principal provisions of the trade unions’ motion was the simplification of the complex regulations on notices and ballots, which restrict the ability of unions to organise industrial action when a clear majority of members have voted in support. I do not agree that the regulations are necessarily complex.

The hon. Gentleman introduced his Bill on 13 December 2006, and it was scheduled for Second Reading on 2 March 2007 but, unfortunately for him, there was insufficient time for it to be considered. It was not given a Second Reading and it subsequently fell. I should add that the introduction of that Bill was followed by early-day motion 532, which stated:

“That this House recognises that free and independent trade unions are a force for good in UK society around the world and are vital to democracy; welcomes the positive role modern unions play in providing protection for working people and winning fairness at work; notes the 1906 Trades Disputes Act granted unions the legal freedom to take industrial action; regrets that successive anti-union legislation has meant that trade union rights are now weaker than those introduced by the 1906 Trades Disputes Act”—

I do not know whether that was a critical attack on Labour’s own 1999 and 2004 legislation. The motion went on to say that it

“therefore welcomes and supports the TUC campaign for a Trade Union Freedom Bill whose principles include better protection for workers, such as those sacked by Gate Gourmet in 2005, the simplification of ballot procedures and to allow limited supportive action, following a ballot, in specific circumstances; and therefore urges the Government to bring forward legislation to address these proposals.”

The motion was moderately successful, unlike some that attract only—

John Bercow Portrait Mr Speaker
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Order. The hon. Gentleman has now been on his feet for 15 minutes. I understand that he wanted, very properly, to declare his interests, and a modest preamble in situations of this kind is understandable, but I must gently say to the hon. Gentleman, who is a new Member, that this is not an occasion for a general discourse on the merits or demerits of trade unions or for the discussion of the Trade Union Rights and Freedoms Bill, which is not before the House this morning. It is the occasion for a focus on the specific content of the Bill before the House, which contains two clauses. I feel sure that the hon. Gentleman will now deal with those matters and remain focused on them for the remainder of his speech.

David Nuttall Portrait Mr Nuttall
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Thank you, Mr Speaker.