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Employment Bill [HL]

Perhaps I may ask the noble Lord, Lord Lester, one question, although I am afraid it involves a legal principle. We are talking about law and therefore we should talk as lawyers. The first principle that one teaches a law student, and which one was taught oneself, is that a case is authority for its principle and ratio decidendi, not for its facts. The facts of this case are not part of its ratio. Therefore, surely the noble Lord agrees that, much though I too should like to see sensible wording which limits this judgment, the judges have not given him any wording. He has therefore put in his own words, which are rather good because they are almost as narrow as you can get. However, I plead with the noble Lord to consider that they could be even narrower. He has included, "““in accordance with the union’s rules””." That is agreed, because the court makes a precise equation between religious bodies, a voluntary political party and a trade union as voluntary bodies. We agree on that and it is sensible to put it in the rules, but it is beyond that that we must agree on a word or two. I plead with the noble Lord to reconsider his further paragraph and perhaps to engage in discussions with the Government so that the wording is in accordance with the ratio, and not merely the facts, of the case.