Part of the debate – in the House of Commons at 12:00 am on 4 December 1973.
Mr Peter Rawlinson
, Epsom
12:00,
4 December 1973
When a dispute arises over representation, to most people it is only sensible and just for someone to inquire into and to assess what the employees want. But, in the meantime, the company is allowed to trade. In such circumstances what is wrong in going before a court and arguing the case, as many trade unions do?
If the members of the AEUW had appreciated what their officers were about and that they were failing as a matter of pride or principle to appear before the court, I do not think that they would have supported those officers.
No society can tolerate the defiance of the rule of Parliament. No society can tolerate a situation where a group of people say, "Do what you will. Make Laws which touch others, but do not touch us." Many Acts of Parliament are bitterly opposed on moral, ethical, social or political grounds and are repugnant to many people. But no responsible body yet seriously challenges the right of Parliament to act and its duty to enforce. Parliament has interfered in the rights of people, whether they be in trades, whether they be in organisations of one kind or another, and whether it be in the expression of their views or the expression of principles with regard to such matters as race or religion. No organisation has ever defied the law. If this union continues on this course and sets itself above the law it will be challenging not the court, not the law, but Parliament.
The hon. Member for Salford, West revealed that it was the intention of the Opposition not to debate the motion on today's Order Paper because that motion disguised the real motive of the Opposition. Their real motive was to discuss their other motion, which this House must reject.
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Laws are the rules by which a country is governed. Britain has a long history of law making and the laws of this country can be divided into three types:- 1) Statute Laws are the laws that have been made by Parliament. 2) Case Law is law that has been established from cases tried in the courts - the laws arise from test cases. The result of the test case creates a precedent on which future cases are judged. 3) Common Law is a part of English Law, which has not come from Parliament. It consists of rules of law which have developed from customs or judgements made in courts over hundreds of years. For example until 1861 Parliament had never passed a law saying that murder was an offence. From the earliest times courts had judged that murder was a crime so there was no need to make a law.
The Opposition are the political parties in the House of Commons other than the largest or Government party. They are called the Opposition because they sit on the benches opposite the Government in the House of Commons Chamber. The largest of the Opposition parties is known as Her Majesty's Opposition. The role of the Official Opposition is to question and scrutinise the work of Government. The Opposition often votes against the Government. In a sense the Official Opposition is the "Government in waiting".
