Industrial Action Balloting (Hansard, 30 January 1989)

HL Deb 30 January 1989 vol 503 cc874-5 874

§ 2.50 p.m.

§ Baroness Turner of Camden asked Her Majesty's Government:

§ When they anticipate that consultation on the draft code of practice on industrial action balloting will be completed.

The Parliamentary Under-Secretary of State, Department of Social Security (Lord Slkelmersdale)
My Lords, any representations on the draft code should be sent to the Department of Employment to arrive no later than 3rd February 1989

§ Baroness Turner of Camden
My Lords, I thank the Minister for that Answer. Is he aware that the code, as at present drafted, contains no fewer than 22 steps which unions are expected to take before they can call an industrial dispute, and that some of those steps go far beyond the provision of legislation? Is that part of the Government's step-by-step approach to industrial action, possibly rendering it illegal at some point in the future, and is it their view that employees with a grievance should simply "put up and shut up"?

§ Lord Skelmersdale
No, my Lords, of course it is not: we do not have that intention in mind at all. Four broad principles were followed in the Government's approach. The first was that the code would be most helpful if it contained within the same set of covers the infomation needed about the relevant law and good practice. I believe that both those conditions are clearly identified within the code. The second was that the detailed recommendations on how the balloting process should be conducted ought to take account of existing guidance on good practice for the conduct of balloting. The third was that once the proposal to take power to issue such a code was known particular ideas should be drawn upon that had been put to the Government. The fourth was that the code's recommendation should be based as far as possible on what was known about how unions had conducted industrial action ballots. I believe that that condition is also fulfilled within the code.

§ Lord Rochester
My Lords, can the noble Lord assure the House that, in dealing with ballots on industrial action affecting different places of work, the wording of the code will be less difficult for managers and trade union representatives to understand than is the section of the Employment Act 1988 which relates to that matter? In the light of his response to the noble Baroness, Lady Turner, may one take it that the requirements of the code in its final form will be no more prescriptive than those of the Act?

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§ Lord Skelmersdale
My Lords, the answer to the second supplementary question put by the noble Lord is: yes, he may certainly take it that the contents of the code will be no more prescriptive than the Act.
The code is already far less obscure in its drafting than is Section 17 of the Act. If the noble Lord has not seen that section I shall willingly furnish him with a copy later this afternoon.

§ Lord Campbell of Alloway
My Lords, is the Minister aware that the code is admissible in court proceedings under Section 3(8) of the Act which introduces it? If he is so aware, can he look at it again to decide whether it is fairly suitable for that purpose by reason of its indulgence in a mass of exhortation and want of simplicity?

§ Lord Skelmersdale
My Lords, I had thought that that point might be raised so I have made investigations. The legal status of the code is that it is not prescriptive but it is admissible in evidence in the field of general employment law. However, as my noble friend has asked me to look further at the matter I shall do so.

§ Lord Dean of Beswick
My Lords, is the Minister aware that if, when applied, the code makes it more difficult for a verdict on an official dispute to be reached by the members of the union, and also extends the period before it can be reached, unofficial action may result which no one wants and which is often to the disadvantage of everyone concerned?

§ Lord Skelmersdale
My Lords, no, I do not believe that that is so. The noble Lord will remember that the same criticism was directed towards the various legislative steps taken by the Government since 1979. We now have the lowest record for industrial stoppages for many years. I do not believe that the previous legislation, or the final code when it is issued, will lead to damaging industrial relations.