Like many others, I am a proud member of my trade union and in my career as a barrister I acted for literally hundreds of trade unionists. When I was appointed as the Director of Public Prosecutions and head of the Crown Prosecution Service I joined the two staff trade unions to demonstrate to them my strength of feeling about trade unions. Over five difficult years they worked with me to resolve issues, rather than escalate them, which is a real asset in running a national public service such as the one that I was running. I pay tribute to them: that is what trade unionism is all about.
As other speakers have said, the right to join a trade union and the right of association and protest were won over a very long period. They are now entrenched in international law, not least article 11 of the European convention on human rights and the International Labour Organisation conventions. That means there are four rules that have to be applied to the restriction of trade union rights: first, the restriction must be necessary; secondly, it must be proportionate; thirdly, the Government bear the obligation of showing necessity and proportionality —the burden is on them; and, whatever else happens, the very essence must not be stripped away.
This Bill fails all four tests. The three clearest examples are: treating abstentions as no votes, which is clearly against the international standard and the international norm; putting greater restrictions on public services, a category drawn much more broadly than the international community would permit; and the unjustifiable restrictions on rights of protest both in picketing and away from picketing. So this is not only a blow for trade unions and trade unionism; it is also a blow for human rights and civil liberties, and that is why we must vote against it.
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