HC Deb 28 April 1981 vol 3 cc635-6
4. Mr. Knox

asked the Secretary of State for Employment whether he is satisfied with the operation of the Employment Act 1980; and if he will make a statement.

The Under-Secretary of State for Employment (Mr. David Waddington)

The Employment Act 1980 came into force less than nine months ago and I think that it is too soon to make any judgment of its effectiveness.

Mr. Knox

Does my hon. and learned Friend agree that the step-by-step approach has been vindicated by events so far? Is he aware that most people engaged in industrial relations prefer that no further legislation be introduced in this Parliament so that they have longer to get used to the 1980 Act?

Mr. Waddington

One should not judge the way in which an Act is working by the number of cases which appear in the newspapers. Our wish was never that the Act should result in dramatic legal confrontations. We hoped that gradually it would become apparent that people were heeding the Act. There is growing evidence that that is happening. On my hon. Friend's second point, we shall have to wait until the end of the consultation period following the publication of the Green Paper and weigh up the many representations that will be put to us.

Mr. Aitken

Does my hon. and learned Friend have any contigency plans to amend the closed shop provisions of the 1980 Act if the European Court of Human Rights at Strasbourg hands down its predicted judgment that the dismissal of British Rail employees for not joining a union was a breach of human rights?

Mr. Waddington

It cannot be said too often or too loudly that the court at Strasbourg will pass judgment on the Act in force at the time when the railwaymen were dismissed. The court will not pass judgment on the 1980 Employment Act. Of course we shall have to review the situation in the light of the decision made at Strasbourg. My hon. Friend will not be surprised to hear that we are examining the situation constantly and we are aware of the many options that might be available.

Mr. John Evans

Does the Minister agree that one weakness in the Act is that it does not force employers to recognise trade unions when everyone in one employment wants to join and be represented by a trade union?

Mr. Waddington

It is difficult to argue that it is not easy for a work force which belongs to one union to persuade an employer that bargaining rights should be granted.