Part of the debate – in the House of Commons at 12:00 am on 4 December 1973.
Mr John Mendelson
, Penistone
12:00,
4 December 1973
No. While the general attitude of the trade union movement in attacking this legislation was always clear, for my part I believe that history will say that it was indeed the work of the trade unions and the attitude of the AUEW which showed up the absurdity of this law.
During long periods of British history—including when Lord Eldon was Lord Chancellor ; this may not be a bad day on which to refer to him—periods of which now every after-dinner Speaker is particularly proud, it has been necessary to show that a law was absurd and oppressive by not taking part in its working at all at any stage at any time.
I am not a member of the AUEW, but I believe that it will be proved right. I believe that it has acted honourably on behalf of not only the whole trade union movement but all those who care for liberty in this land. That is why all this talk about the majesty of the law and law-breaking is completely faulty. Earlier, in an Intervention, I tried to show that in years gone by the scissors-grinders in Sheffield did break the anti-combination Laws, but I did not wish to indicate that there is a parallel in the present issue. The AUEW is not breaking the law ; the scissors-grinders did, and they have an honourable place in the history of the trade union movement.
Today, the law is not being broken. The Opposition motion has been much criticised. When my right hon. Friends put it down I was proud to add my signature. It will be regarded as an important part of the history of this period, when that history is written. Nor is it an attack on the majesty of the law. The Lord Chancellor forgot about the law when he was making his attack on those who signed the motion. He made a political attack on them and was abusing the majesty of his office in doing so. He acted like a party politician and not as the senior officer of the judiciary.
Hon. Members opposite should have been able to study the face of the Secretary of State when one of my hon. Friends said today that the Lord Chancellor was likely to fly into a tirade at the drop of a hat. That is known in other circles. It is known that the Lord Chancellor himself felt criticised because he made the appointment of Sir John Donaldson.
Here we come to an interesting point. People say that one must not at any time move towards critique of a judge as a person. How silly that is, and how much against the traditions of the history of freedom in this country. Time and again one has not been able to divorce the administration of a court from the person of the judge involved, and while we may not be able to ask for dismissal of a judge unless by a substantive motion, critique of a person administering a court has always been regarded as right, and part of our tradition.
We come to the person of the judge. I say to the Government and in particular to the Lord Chancellor, who made the appointment, that when one appoints a judge for a new, highly sensitive court which is bound to bring the judge into question and into almost weekly conflict on matters which a large section of the population regard as oppressive legislation—
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