Skip to main content

Proceeding contribution from Ed Davey (Liberal Democrat) 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

I am not, although I think it is highly unlikely that any EU country does, for the following reason. The way in which industrial relations laws have developed in different countries reflects different traditions, and that is how it should be; I do not think that there is a standard approach in the EU. The British view obviously draws on a very different tradition from elsewhere, but the effect is not dissimilar in terms of the average number of days lost. So the hon. Member for Hayes and Harlington, the promoter of this Bill, has not made his case; he has not provided evidence to show that our trade unions face particular problems. The hon. Gentleman's opening remarks contained references to various observations made by advisory bodies to the International Labour Organisation, but the data simply do not support the argument that unions in the UK are uniquely disadvantaged when it comes to organising strike action. The previous Government made it clear that Britain upholds its commitment to the ILO conventions; indeed, there has never been a challenge at the supreme authority of the ILO that we have transgressed our international commitments to those conventions. Some people make rather too much of this by saying that we are somehow breaching ILO standards and other human rights obligations on freedom of association. It is also worth noting that employers normally choose to settle disputes before industrial action takes place—only a minority of industrial action ballots actually lead to industrial action. According to our estimates, in about 80% of cases where employees have voted for industrial action, no industrial action is subsequently taken. Both sides treat the outcome of the ballot as a stimulus to further negotiation. Once again, such behaviour is difficult to square with the conclusion that employers invariably have the upper hand under our law and could easily obtain an injunction to stop a strike in its tracks or impose their will unilaterally. The hon. Member for Hayes and Harlington and others have discussed recent court cases. He said that they have made matters much worse for trade unions, but we have heard that argument rebutted.


Secondary information

Type
Proceeding contribution
Reference
516 c1266 
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