My Lords, I entirely agree with my noble friend Lord Deben that strikes are, on the whole, to be avoided. The question is whether Clause 8, which I am talking about, not the Bill as a whole, assists in the removal of strike action or industrial action. The union has a very strong mandate once it succeeds in a ballot, assuming that that is how things develop. Therefore, it is important that the time given by that is not unnecessarily restricted. If progress is to be made in eliminating the need for a strike, it will be at its best after the union gets a mandate to have industrial action, if it is necessary. This is a critical period for the success of negotiations. One can see that negotiations sometimes take some time. They may progress rather slowly, but if they progress at all they are worth taking. I think very much of the customers, passengers or whatever affected by strike action. That is something the Bill should aim to reduce. Therefore, once a mandate has been given by a ballot, it should be worked out so far as possible.
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It could be, of course, that negotiations come to a halt in these four months and the employer decides he is not going to do any more about it. On the other hand, it is perfectly possible that considerable progress may be made in these four months. Is it right to call an arbitrary halt to progress, if it is taking place, after four months? I suggest to my noble friend that it is worth considering whether this period should be subject to extension by agreement with the parties. If progress is good and the trade union is in the best possible position, having had a mandate from its members in accordance with these rules, is it right or wise arbitrarily to bring that period of probably the most effective time for negotiations to an end?
I agree with my noble friend that, of course, circumstances may be very different after four months. On the other hand, it is possible that they will be different in the sense of being more favourable to a settlement than they were at the beginning of the four months. Is it right, therefore, arbitrarily to throw that opportunity away? I suggest for consideration the possibility of the employer being able to extend the period if it looks as though that will ultimately reduce the necessity for a strike altogether.
I am also interested in the connection between new subsection (2D) inserted by Clause 4—the notice about the period—and the period in which the industrial action may take place, which comes under Clause 8. This being Committee, I strongly suggest to the Minister that that could be looked into. Very often, getting a ballot mandate has an effect during negotiations. The employer will not, I hope, be insensitive to that
improvement. It is a very clear declaration of the attitude of the proper majority of the employees to the matters in dispute.