§ Mr. Stanbrookasked the Secretary of State for Employment which recommendations in the Donovan report have been implemented by legislation; and if he has any proposals for the reform of trade unions.
§ Mr. Harold WalkerThe Royal Commission on Trade Unions and Employers Associations under the chairmanship of Lord Donovan reported in 1968 and made over 50 recommendations, for implementation by employers and employers associations, trade unions and Government. Some of these recommendations have been overtaken by events in the 11 years since they were made but the emphasis on voluntary reform in the report remains a cornerstone of Government policy. More particularly, the following statutory provisions—still in force—reflect the discussion and recommendations of the Donovan report:
Trade Union and Labour Relations Act 1974
Section 10, on the duty on trade unions to keep accounting records; section 11 on the duties on unions as to annual returns, auditors and members' superannuation schemes, and schedule 2, administrative provisions relating to trade unions and employers associations; section 13, dealing with the restriction on legal liability for acts in contemplation or furtherance of trade disputes—as amended by the 1976 Trade Union and Labour Relations Act; section 14 on the immunities of trade unions and employers associations from actions in tort; section 18, enforceability of collective agreements; section 28, definition of a trade union.
Employment Protection Act 1975
Sections 1 to 6, and 11 to 15, dealing with the establishment of an independent body with functions which include giving advice and conducting inquiries into industrial relations problems including union recognition issues; section 16, concerning unilateral arbitration in certain circumstances; sections 17 to 21, on disclosure of information—and ACAS code 312W of practice No. 2; sections 89–98, on regulation of terms and conditions of employment—and appropriate schedules to this part of the Act; schedule 11, on extension of terms and conditions.
Employment Protection (Consolidation) Act 1978
Sections 23 to 26, on trade union membership and activities; sections 27 and 28, on time off for trade union duties and activities—and ACAS code of practice No. 3; part V—sections 54–80—unfair dismissal—and ACAS code of practice No. 1; section 131, power to confer jurisdiction on industrial tribunals in respect of damages, and so on for breach of contract of employment.
Section 29—disqualification from unemployment benefit in a trade dispute.
The Government have, at this time, no further legislative proposals for the reform of trade unions.