HL Deb 12 May 1980 vol 409 cc3-6

2.40 p.m.

Baroness SHARPLES

My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

The Question was as follows:

To ask Her Majesty's Government what steps they are taking to encourage voluntary effort to minimise the inconvenience that will be caused to the public on 14th May.

The MINISTER of STATE, DEPARTMENT of EMPLOYMENT (The Earl of Gowrie)

My Lords, the President of the Confederation of British Industry has urged firms to make clear that they will keep premises open for work as usual on 14th May, make alternative transport arrangements where necessary, encourage car sharing and provide car parking at workplaces. I have no doubt that people will use their initiative and common sense. The Government have made clear that all employees who wish to work on 14th May have a right to do so and there are increasing indications that many will, in fact, be working normally.

Baroness SHARPLES

My Lords, I thank my noble friend for that reply. Could he perhaps go a little further, and could Her Majesty's Government actively encourage car sharing on a wide basis?

The Earl of GOWRIE

My Lords, I understand that my right honourable friend the Minister of Transport will be making a Statement later this afternoon. There is, of course, no legal problem about car sharing, provided that car owners and drivers do not seek to make a profit from carrying passengers.

Lord LUCAS of CHILWORTH

My Lords, will Her Majesty's Government consider using their best endeavours to have car parking arrangements— that is, for time and money— suspended during that day, so that those who bring cars into London, or any other cities, with passengers are not put to too much inconvenience or undue expense?

The Earl of GOWRIE

My Lords, special car parks will be opened and arrangements are being made to keep radial routes open. It is not the intention at this stage to lift car parking restrictions, but I take my noble friend's point, and precise arrangements on the day will, as always, be a matter for police discretion.

Lord ORR-EWING

My Lords, would my noble friend give some assurance to certain people who are a little anxious as to whether their insurance covers passengers whom they may pick up as they travel to work? Is this covered in normal practice?

The Earl of GOWRIE

My Lords, that depends on the precise insurance arrangements which individuals have with their own companies. There is no blanket arrangement there, because some individuals are insured only for third party. So everybody should be most careful to check up as to what their precise insurance arrangements are.

Lord LEATHERLAND

My Lords, will the Minister express the view that, in the picking up of pedestrians by motor cars, the principle of sexual equality will be preserved?

The Earl of GOWRIE

My Lords, the Government are anxious to see that men are as well treated as women at all times.

2.42 p.m.

Viscount ST. DAVIDS

My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

The Question was as follows:

To ask Her Majesty's Government whether the form of political strike being suggested for 14th May is protected by law as a trade dispute; and, if not, whether any firm or individual put to loss or damage by this action may recover damages from individuals or unions concerned.

The LORD CHANCELLOR (Lord Hailsham of Saint Marylebone)

My Lords, the definition of "trade dispute" is contained in Section 29 of the Trade Union and Labour Relations Act 1974, and its interpretation and application is a matters for the courts. If the proposed action is not in contemplation or furtherance of a trade dispute within the statutory definition, then subject to the statutory immunity conferred by Section 14 of the same Act liability for damages would be determined by reference to the common law.

Viscount ST. DAVIDS

My Lords, I thank the noble and learned Lord for that Answer. I wonder whether he can tell me what remedy a private individual has in a case of this kind? I am thinking in particular of those who lose a day's work or who are forced to take expensive transport and to book expensive hotel rooms, and of those who are otherwise disadvantaged. Since the Trades Union Congress themselves promoted this day of action and set the date for it, can the noble and learned Lord tell me whether they are in the position of being liable and able to be sued?

The LORD CHANCELLOR

My Lords, I would respectfully think that it is undesirable for the Lord Chancellor to give legal advice about matters which might be justiciable in the courts. I would recommend any such private individual to consult a solicitor, with legal advice and assistance under the Act of 1972 if so entitled.