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Proceeding contribution from David Nuttall (Conservative) in the House of Commons on Friday, 22 October 2010. It occurred during Debate on bill on Lawful Industrial Action (Minor Errors) Bill.


Lawful Industrial Action (Minor Errors) Bill

Absolutely. My hon. Friend is right that there is a real danger that this Bill will not only move industrial relations back three decades, but will move the analysis of the case law back to square one—back to 1992 or 1999. We will be starting with a blank page, and the lawyers will be able to say, ““Well, here we are. All past judgments are out of the window because there will now be a new piece of legislation.”” All the previous cases that have been cited this morning will, effectively, be made redundant because the measure that has been tested before the courts on several occasions will no longer be on the statute book, and we will be faced with a new measure that has never been tested before the courts. It will not be long before an employer is required to put the matter to the courts for a decision and, as I said, these are not the sort of matters that could be dealt with in a county court. They would inevitably have to be dealt with in the High Court. They would then be appealed to the Court of Appeal for civil cases, and who knows whether they would go on to the Supreme Court. They would be lengthy and expensive actions, and I submit that we would be no further forward in having clarity in the law—which, after all, is why we are here in Parliament. We thought we had nearly got there in the case of British Airways and Unite earlier in the year. If we now go back to square one, we will be no further forward.


Secondary information

Type
Proceeding contribution
Reference
516 c1230 
Session
2010-12
Chamber / Committee
House of Commons chamber
Subjects
Disclosure of information Ballots Industrial disputes Injunctions Trade unions Torts Strikes British Airways Unite
Legislation
Lawful Industrial Action (Minor Errors) Bill 2010-12
Link
View this Proceeding contribution on www.publications.parliament.uk