HC Deb 03 December 1974 vol 882 cc1341-2
14. Mr. Hurd

asked the Secretary of State for Employment whether he will publish the guidelines issued to officials of the Conciliation and Arbitration Service.

Mr. Booth

My right hon. Friend wrote to the Chairman of the Conciliation and Arbitration Service on its inception setting out the Government's concept of the rôle of the service until such time as it is established on a statutory basis. The Employment Protection Bill will contain proposals to establish the statutory basis of the service.

Mr. Hurd

Will the Minister now answer the question which he dodged when it was put to him by my hon. Friend the Member for Cleveland and Whitby (Mr. Brittan)? Are the officials acting with the approval of the Secretary of State when they arrange for employers such as the Scottish hauliers to reach settlements that the Secretary of State now denounces as in breach of the social contract?

Mr. Booth

I did not dodge the question that was put by the hon. Member for Cleveland and Whitby (Mr. Brittan). There was a similar Question on the Order Paper, which I am answering now. My right hon. Friend does not give instructions to the CAS on individual disputes. The only guidance that he has given to the CAS on its rôle was that which he stated in the letter which he sent to the chairman on the establishment of the service, concerning which a Press notice was issued on 10th September. In the view of Ministers of the Department of Employment it is important that the CAS should be seen to be acting independently. It would be totally inappropriate for my right hon. Friend to issue instructions to the CAS on how it should handle individual disputes.

Mr. Tomlinson

Does my hon. Friend agree that it is of paramount importance that the CAS has independence and that it is seen to have it, particularly in view of the disastrous consequences for arbitration when the previous Conservative Government had responsibility for running these matters?

Mr. Booth

I believe that confidence in the Conciliation and Arbitration Service would be ruined if it were seen that a Minister was instructing it on how it should tackle its job. The fact that the service is operating so sucessfully is in no small measure due to its being able to act independently.

Mr. Brittan

Does the Minister agree that it is vital that settlements reached as a result of the actions of the CAS do not conflict with the Government's fundamental economic policy, namely, the social contract? If he agrees with that, what steps is he taking to ensure that there is no such conflict?

Mr. Booth

Settlements which are reached with the aid of CAS are not solely the responsibility of the CAS. If there is no disposition on the part of the parties to settle, neither the CAS nor any other organisation will be able to bring about a settlement. Such actions as are appropriate for the Government to take to secure compliance with the social contract are matters which should be done openly and not through secret instructions through the CAS.