HC Deb 28 March 1974 vol 871 cc614-5
10. Mr. Andrew Bennett

asked the Secretary of State for the Home Department if he will introduce legislation to repeal the Conspiracy and Protection of Property Act 1875.

Mr. Alexander W. Lyon

I assume that my hon. Friend has in mind the provisions relating to picketing. As my right hon. Friend the Secretary of State for Employment indicated in the House on 22nd March, the Government have the law on picketing under review, in the context of the projected legislation to repeal the Industrial Relations Act.

Mr. Bennett

I thank my hon. Friend for his reply. Will he also consider the possibility of freeing from prison the recent victims of this Act?

Mr. Lyon

That is a much wider question, and one of which I should need to have notice. We take the view that there should be an amendment of the law to allow peaceful picketing, which permits vehicles to stop but does not include intimidation or violence. What was alleged—and proved to the satisfaction of the jury—in the Shrewsbury case was that intimidation and violence did occur. The matters are now under appeal, and therefore I cannot comment further upon them.

Mr. Prior

We shall want to look carefully at any changes made to the law of picketing, but will the hon Gentleman confirm that the Home Office will remain responsible for the law on picketing, particularly as it has specific responsibilities for the rights and freedoms of individual citizens?

Mr. Lyon

The Bill is in the general domain of the Secretary of State for Employment, but the picketing provisions are within the responsibility of my right hon. Friend the Home Secretary and we are being consulted about these provisions.

Mr. Prior

Will it remain the responsibility of the Home Department?

Mr. Lyon

I think I can give the right hon. Gentleman the assurance that it will remain the responsibility of the Home Office to deal with this kind of criminal legislation, but it is part of the general remit for the amendment of the law relating to industrial relations and is therefore being considered by the Secretary of State for Employment.

Mr. Lipton

Will my hon. Friend, at the same time, look at the Blemish of the Peace Act 1346, which was invoked recently in the course of an industrial dispute at St. Thomas Hospital?

Mr. Lyon

I shall certainly look at it with some interest.

Sir Derek Walker-Smith

Will the hon. Gentleman undertake to see that in amending the law of picketing there is no breach in the principle that people may not be stopped or detained against their will for the communication of information? Will he, as a Home Office Minister, and his right hon. Friend bear in mind that Ministers owe a duty to the whole community in this matter?

Mr. Lyon

Of course, we are aware of that responsibility. We have to try to strike the right balance. In their proposals the Government agree with the TUC in saying that the wrong balance is struck in the present law as interpreted in the recent House of Lords case of Broome. The Government want to find a balance which is fair to all citizens affected by picketing.