§ (1) The expression "trade union" for the purpose of the Trade Union Acts, 1871 to 1906, and this Act, means any combination, whether temporary or permanent, the principal objects of which are under its constitution statutory objects: Provided that any combination which is for the time being registered as a trade union shall be deemed to be a trade union as defined by this Act so long as it continues to be so registered.
§ (2) The Registrar of Friendly Societies shall not register any combination as a trade union unless in his opinion, having regard to the constitution of the combination, the principal objects of the combination are statutory objects, and may withdraw the certificate of registration of any such registered trade union if the constitution of the union has been altered in such a manner that, in his opinion, the principal objects of the union are no longer statutory objects, or if in his opinion the principal objects for which the union is actually carried on are not statutory objects.
§ (3) Any unregistered trade union may, if they think fit, at any time without registering the union apply to the Registrar of Friendly Societies for a certificate that the union is a trade union within the meaning of this Act, and the Registrar, if satisfied, having regard to the constitution of the union and the mode in which the union is being carried on, that the principal objects of the union are statutory objects, and that the union is actually carried on for those objects, shall grant such a certificate, but the Registrar may, on an application made by any person to him for the purpose, withdraw any such certificate if satisfied, after giving the union an opportunity of being heard, that the certificate is no longer justified.
§ (4) Any person aggrieved by any refusal of the Registrar to register a combination as a trade union, or to give a certificate that an unregistered trade union is a trade union within the meaning of this Act, or by the withdrawal under this Section of a certificate of registration, or of a certificate that an unregistered union is a trade union within the meaning of this Act, may appeal to the High Court, or in Scotland to the Court of Session, within 1351 the time and in the manner and on the conditions directed by rules of Court.
§ (5) A certificate of the Registrar that a trade union is a trade union within the meaning of this Act shall, so long as it is in force, be conclusive for all purposes.
§ Mr. PETOI beg to move, in Sub-section (4), after the word "any" ["aggrieved by any refusal of the Registrar"], to insert the words "consent or."
This is a mere formal or verbal Amendment, and I am sure the Attorney-General will accept it. I think probably the right hon. and learned Gentleman will see that if it is right in one case that there should be a right of objection to consent there should also be a right of objection to withdrawal of consent. This Amendment is clearly in the interests of hon. Members on the Labour Benches, who especially represent trade union politics in this House, because obviously if the consent of the Registrar is already given in such cases as are contemplated in Sub-section (3) of Clause 2, it is only right that if there is anyone objecting to that consent there should also be the right to object to the action of the Registrar in withdrawing consent already given. This Amendment ought to be accepted; it is clearly what is known as the converse of the proposition. If it is right that there should be an opportunity of objection to the Registrar's consent there ought to be an opportunity for objection to the Registrar's withdrawal of consent. This Amendment cannot possibly do any member of any trade union harm, and it mainly concerns the members of trade unions, and in the interests of members of trade unions we want this amount of latitude and liberty of action. This is only a small point, but I feel confident that the Attorney-General will see, as I have already explained, that if there is a light of objection to consent there also ought to be a right of objection to the withdrawal of a certificate already granted.
§ Major ARCHER-SHEEI beg to second this Amendment.
§ The ATTORNEY-GENERAL (Sir Rufus Isaacs)I think I shall be able to satisfy the hon. Member that there is a good reason why this Amendment should not be accepted. The two cases do not stand exactly in the same position. The registration, such as it is, which has been the custom of the Registrar to perform does not injure anybody. Nobody can be hurt 1352 by a union being registered. If a union is registered and the constitution is altered application can be made to the Registrar, who would when satisfied that the facts were as stated, withdraw the certificate. [An HON. MEMBER: "Speak up."] Consequently there is a right of appeal, and that is the only right of appeal.
§ Earl WINTERTONIt is not often that I agree with the Attorney-General in the discussions we have had at the various stages of this Bill, but I think there is a good deal in what he has said. To pass this Amendment might lead to trade unions being subjected to vexatious litigation. Those who wish to safeguard the rights of the minority wish to be careful to avoid any possibility of trade unions being subjected to vexatious litigation. Therefore, I hope my hon. Friend will withdraw his Amendment.
§ Amendment, by leave, withdrawn.
§ Earl WINTERTONI beg to move, at the end of Sub-section (5), to insert the following new Sub-section:—
(6) If the Registrar of Friendly Societies is of opinion that it is expedient that public notice should be given of any application to register a combination as a trade union, or for a certificate that an unregistered trade union is a trade union within the meaning of this Act, he may require the application to be advertised in the "Labour Gazette."
This is a very simple Amendment, and I do not think it will be objected to by any hon. Gentleman opposite. [An HON. MEMBER: "We do object to it."] There is no proposal which we have proposed from this side of the House on this question which has not been objected to by the hon. Member opposite. The intention of the Amendment is to enable everyone concerned to know that a trade union wishes to be registered, and it has been suggested to us that it is extremely difficult to acquaint the members of a trade union with what is going to be done. When the question of balloting the members of trade unions was under consideration it was pointed out how difficult it was to reach trade unionists in order to have a ballot. If it is difficult to reach trade unionists for the purpose of a ballot, it will be equally difficult in this case, because many members of a trade union may live 1353 a long distance from the centre of the trade union, or from the district where there is much political activity, and they may be unaware that it is the intention of the trade union to be registered. Therefore, by an Amendment, power is given to the Registrar of Friendly Societies to give public notice of any application to register a combination as a trade union, or for any certificate that an unregistered trade union is a trade union, should be advertised in the "Labour Gazette." The only objection I conceive which can be raised to this Amendment is that the effect might be to cause some person to object to the combination being registered who would not otherwise have done so. I do not think that that is ah argument against the Amendment. Although this is not an Amendment of prime importance, I think it is desirable that notice should be given to all those whom it may concern that a certain combination is going to be registered as a trade union. I have acquainted myself with the probable cost of such an advertisement in the "Labour Gazette," and I find that it is trifling. The "Labour Gazette" is widely circulated, and for these reasons I hope the Government will accept my Amendment.
§ Viscount WOLMERI beg leave to second the Amendment.
§ Mr. GILLMay I point out to the Committee that trade unions have been registered for the last forty or fifty years, and it has never been found difficult to let the members know when they are going to be registered? As a matter of fact, before a trade union can be registered, all the members must decide the point at a general meeting, or in some other way, and they must agree that registration should take place. The suggestion has been made that it is difficult to get the opinion of the members, but there is a Clause in the Bill which provides that it must be done in a certain way, and it has to be announced in the monthly reports and the circulars issued by the society. Inasmuch as members must first of all decide, at various branch meetings and at general meetings, that the registration must take place, there can be nothing in the point raised by the Noble Lord about the members not knowing of this fact. With regard to advertising in the "Labour Gazette," I am glad hon. Members opposite have learned something from the discussion upstairs, because there it was argued that it was necessary 1354 to advertise in nearly the whole of the papers in the country, and now it has been brought down simply to advertising in the "Labour Gazette." In our view, this expense is entirely unnecessary. I know the expense will not be so great, but it will cause a considerable amount of delay. [An HON. MEMBER: "Why?"] Because the "Labour Gazette" is only published every month, and if a union decides to make an application just after that journal has been issued, it cannot appear for another three weeks. From the arguments used by the Noble Lord, one would think that the "Labour Gazette" was a good medium for the workmen, but may I point out that that journal is seldom read by the rank and file of trade unions, and it is mostly read by the officials. In my opinion, this Amendment would serve only as a means of delay, and I hope the Government will not accept it.
§ 4.0 P.M.
§ Sir RUFUS ISAACSI think the Noble Lord was quite right when he said this is not a very important Amendment. It is the result of a good deal of discussion in Committee, and is the minimum demand put forward by the Noble Lord and those associated with him upstairs. I cannot help thinking it would be far better that this Amendment should not be inserted, and I am very hopeful the Noble Lord will come to the same conclusion when I have explained the effect of it to him. You would by this Amendment fetter the discretion of the Registrar, and I think that is undesirable. The Registrar should have the right of calling for notice by advertisement wherever he thinks it is necessary, and in any form he thinks necessary. He might be of opinion the "Labour Gazette" would not be the proper means in a particular application; and, if this Amendment were passed, we should really be limiting the right of the Registrar, which I am sure is not what the Noble Lord wants. He wants the Registrar to have the power to require advertisement if he thinks it right.
§ Earl WINTERTONI am afraid I do not quite follow the meaning of the right hon. Gentleman. Does he suggest it might be more desirable that the Registrar should have the power to advertise in any publication? I thought that was specifically objected to by the Labour party, and that was why the Amendment was put down in this form.
§ Sir RUFUS ISAACSThe Registrar has the power now. He is the person who can determine what should happen, and, if he thinks there is not sufficient notice, he can say, "I should like notice given in a particular way." I agree with the Noble Lord that in certain cases this Amendment would operate to the advantage of the trade unions inasmuch as it limits it to one particular form of advertisement in the "Labour Gazette," but it would operate for all kinds of trade unions which come under this Bill, and I do not think that desirable. I can conceive cases in which it would be desirable to advertise in some other papers and not in the "Labour Gazette," or it may be in the "Labour Gazette" and some other paper. It is better, therefore, the Registrar's discretion should be unfettered. The Noble Lord's point is met by my telling him there is a discretion vested in the Registrar, and the only effect of passing this Amendment would be to limit it. That is why I cannot accept it.
§ Amendment, by leave, withdrawn.