Clause 15 - ''Pay'' and other matters subject to collective bargaining
Employment Relations Bill
4:15 pm
Mr Henry Bellingham (North West Norfolk, Conservative)
The hon. Gentleman will have to persuade the Minister of that. I can understand where he is coming from. I do not in any way want to play down the severity of the situation. We all have constituents who are adversely and seriously affected by that. It is undoubtedly destroying family lives. The question is whether it should be brought into the collective bargaining process. We would say no. On the other hand—the hon. Member for Strathkelvin and Bearsden (Mr. Lyons) will be quite pleased about this—the clause holds the door perhaps slightly ajar.
New paragraph 171A(2) states:
''The Secretary of State may by order amend sub-paragraph (1).''
Amendment No. 36 would delete new sub-paragraphs (2) to (7). If the Government are to change the laws of collective bargaining, they should do so not by Order in Council but by primary legislation. This is an important issue. As we know, the opportunities that hon. Members have to scrutinise delegated legislation in this House are often limited. It is difficult for them to attend. Under the affirmative resolution procedure, it is hard to alert them in good time.
Some hon. Members, like you, Mr. Forth, are assiduous in their duties. They are hawk-eyed in looking out for examples of a Government using the procedure to change legislation. We feel that this is not the right way of going about it. It is such an important area. By removing this part of the clause, we will reduce any likelihood of the Government
being tempted to do so. It will force them to come to the House to make their case through proper legislation.