Employment Bill [HL]

My Lords, I have no desire to unduly delay the House, but I wish to make one or two comments as briefly as they can be made. First, I thank the Minister for his contribution and work in seeking to secure broad support for the amendments, particularly Amendment No. 3, and—more than that—to have a change of strategic direction in respect of option B as opposed to option A. Also, I mention the work done by my noble friend Lord Lester. Although he is absent this afternoon, he attached his name to the amendment. The House will recall his contribution to the debate. For my part, I think that the amendment has delivered on the three key principles which were a necessary precondition for supporting the Bill. The first was to ensure that Her Majesty’s Government met their obligation to the ECHR ruling. My view—it is the view of a lot of others who have read the judgment and followed the debate—is that recognition of compliance has been achieved as a result of the amendment. The second principle of great importance was the maintenance and preservation of free, unfettered and democratic trade unions having the ability to govern, police and implement their own rules. I see nothing in the Bill that will undermine that fundamental principle. I know of the TUC’s concern, but I equally know of the briefing sent out by one or two solicitors. If one were unkind, one would begin to ask whose interests were served in the pursuance of suggesting that free and democratic trade unions would be undermined as a result of the Bill. For me, the most fundamental principle in the debate, which the Bill has preserved, is the right of members of trade unions to natural justice in circumstances of either expulsion or exclusion from their trade union. No one in this House has argued against the principles of natural justice. What we have argued is that the Government’s starting point was to seek to provide mere remedies after the event. This amendment places a right and proper duty on the party that will be taking the principal decision to exclude or expel to comply with the principles of natural justice through procedures and ordinary rights of appeal enshrined in union rules. This Bill does not and will not write the union rules. Unions as free democratic organisations will have an opportunity to write those rules themselves. If members feel a sense of grievance about the way in which the rules are applied, they will have an opportunity to seek redress elsewhere. Three key principles have been met: Britain will be able to comply with its statutory obligations, trade unions will have freedom and democratic rights in respect of their rule books, while the ability to discipline their members has been preserved, and members’ rights to natural justice will be safeguarded. On that basis, I support Amendment No. 3 in the name of my noble friend Lord Jones and I wish the Bill well on its way.