As my noble friend pointed out, the rationale for the amendment has been changing while the Bill has been under consideration. Nick Boles in the other place said that the clause will give employers the last opportunity before industrial action takes place to reach a negotiated settlement. At least that is a positive approach. The purpose of industrial action is not inflicting pain, distress and disruption. Clearly, that happens; there are always consequences. Its purpose is in the negotiating process: to try to bring parties together. In the main, at the end of the day, whatever the strike, there is a settlement and an agreement. It is sad that, often, it is strike action or the threat of it that brings parties together. I wish it was not so.
The Minister—I know I keep mentioning this; she must regret it—was part of an industrial agreement with a trade union in Tesco, which has practised a very good partnership agreement. Through the practice of negotiations, it strives to avoid disruption to the enterprise. That partnership agreement recognises that the success of the enterprise is in everyone’s mutual interest—to come back to the word “mutuality”.
Nick Boles said that the extra week is to provide that opportunity so that negotiations can take place to reach a solution. I want to challenge that a bit. The impact assessment seems to be about something else. It suggests that it is about making arrangements for contingency plans. The Government have conducted a consultation, and published the results in the impact assessment, on the use of agency workers to cover duties normally performed by an employee of an organisation who is taking part in a strike or other industrial action, but there are no provisions in the Bill on the use of agency workers. Will that be included in the Bill on Report, or will we face another series of amendments that propose secondary legislation? As my noble friend pointed out, such action is likely to undermine industrial action and will give employers an incentive to engage at the local car park rather than in positive negotiations to reach a mutual settlement.
I support my noble friend Lady Donaghy’s amendment, which returns the notice period to seven days. Our Amendment 34 is basically another probing amendment.
It states that, where a union has indicated a specific date for industrial action on the voting paper—as the noble Lord has mentioned—it is not then required to give the notice.
We are trying better to understand the intent of the Government and the consequences of these actions. I am keen to get a sense of the Minister’s thinking on why two weeks. What evidence have the Government considered which demonstrates that the current seven-day period is ineffective?
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