Clause 36 — Duty to Provide Membership Audit Certificate

Part of Medical Innovation (No. 2) – in the House of Commons at 2:30 pm on 11 September 2013.

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Photo of John Healey John Healey Labour, Wentworth and Dearne 2:30, 11 September 2013

What I should like the Minister to do when she responds to the debate is give the Committee a commitment that she will publish, or place in the Library of the House, the legal advice on which the Leader of the House’s statement on the front of the Bill is based, so that we can lay that concern to rest.

Let me now turn to the point made by my hon. Friend Andrew Gwynne. In his excellent speech, my hon. Friend Ian Murray asked what was the problem with which clause 36, and part 3 as a whole, had been designed to deal. Even Mr Djanogly rightly asked the same question, albeit in different terms. He asked what intention was behind the provisions in clause 36. Our debate so far has clearly shown that there is no evidence of a problem, that there is no public call for these changes, and that there is no principled case for them. We can only conclude that the intention, or the purpose, of the clause is to tighten the legislative leash on trade unions and their ability to take proper, lawful industrial action.

I must inform Ministers that last year industrial action was at an almost record low. The level was very low throughout the 13 Labour years, but last year it was only a quarter of the level that it was in 1996, the last year of the last Tory Government. In other words, four times more days were lost through industrial action in 1996 than was the case last year. Wide-scale industrial action is not a problem in this country, and for that reason any case that might honestly be built and presented on the basis of industrial action would clearly be flawed. My hon. Friends who are members, and active members, of trade unions would certainly agree with that.