Gangs cause significant and lasting harm to our communities by fuelling violence, creating an atmosphere of fear and drawing young people into criminality. The Government are committed to tackling gang-related violence by giving local partners the legal powers they need to prevent gang-related violence and encourage gang members to exit...

Gangs cause significant and lasting harm to our communities by fuelling violence, creating an atmosphere of fear and drawing young people into criminality. The Government are committed to tackling gang-related violence by giving local partners the legal powers they need to prevent gang-related violence and encourage gang members to exit...

My honourable friend the Parliamentary Under-Secretary of State for Crime Prevention (James Brokenshire) has today made the following Written Ministerial Statement. Gangs cause significant and lasting harm to our communities by fuelling violence, creating an atmosphere of fear and drawing young people into criminality. The Government are committed to tackling...

My honourable friend the Parliamentary Under-Secretary of State for Crime Prevention (James Brokenshire) has today made the following Written Ministerial Statement. Gangs cause significant and lasting harm to our communities by fuelling violence, creating an atmosphere of fear and drawing young people into criminality. The Government are committed to tackling...

Cross-undertakings in damages in environmental judicial review claims. Consultation Paper. 28 p.

Cross-undertakings in damages in environmental judicial review claims. Consultation Paper. 28 p.

My honourable friend the Parliamentary Under-Secretary of State, Ministry of Justice (Jonathan Djanogly), has made the following Written Ministerial Statement. I am publishing the consultation paper Consultation on Cross-undertakings in Damages in Environmental Judicial Review Cases on 24 November 2010. This is a formal consultation exercise undertaken by the Ministry...

My honourable friend the Parliamentary Under-Secretary of State, Ministry of Justice (Jonathan Djanogly), has made the following Written Ministerial Statement. I am publishing the consultation paper Consultation on Cross-undertakings in Damages in Environmental Judicial Review Cases on 24 November 2010. This is a formal consultation exercise undertaken by the Ministry...

I am publishing the consultation paper ““Consultation on Cross-Undertakings in Damages in Environmental Judicial Review Cases”” on 24 November 2010. This is a formal consultation exercise undertaken by the Ministry of Justice to seek views on whether:"the existing measure of judicial discretion on whether to require cross-undertakings in environmental judicial...

I am publishing the consultation paper ““Consultation on Cross-Undertakings in Damages in Environmental Judicial Review Cases”” on 24 November 2010. This is a formal consultation exercise undertaken by the Ministry of Justice to seek views on whether:"the existing measure of judicial discretion on whether to require cross-undertakings in environmental judicial...

It is a red letter day for me, Madam Deputy Speaker, because I have just found out that you were listening to my speech.

It is a red letter day for me, Madam Deputy Speaker, because I have just found out that you were listening to my speech.

On 21 June 2010, the BBC carried a report headlined ““Government shuns call to change strike laws””. The report said the Government had indicated that there were ““no plans”” for alterations in the law on industrial action. That might help my hon. Friend. It will be interesting to see whether...

On 21 June 2010, the BBC carried a report headlined ““Government shuns call to change strike laws””. The report said the Government had indicated that there were ““no plans”” for alterations in the law on industrial action. That might help my hon. Friend. It will be interesting to see whether...

I will indeed. I was just dealing with the intervention.

I will indeed. I was just dealing with the intervention.

My hon. Friend makes a good, reasonable point. The law would not be clarified in any way by the Bill, but there is a real danger, as I have pointed out, that it would take us back to the situation we faced in the 1970s and 1980s. Much of the...

My hon. Friend makes a good, reasonable point. The law would not be clarified in any way by the Bill, but there is a real danger, as I have pointed out, that it would take us back to the situation we faced in the 1970s and 1980s. Much of the...

My hon. Friend is right. One of the things that I have learned in my short time in Parliament is that those on the Labour Benches tend to be very intolerant of anybody who holds a different opinion to them. I do not think that is particularly sensible in a...

My hon. Friend is right. One of the things that I have learned in my short time in Parliament is that those on the Labour Benches tend to be very intolerant of anybody who holds a different opinion to them. I do not think that is particularly sensible in a...

Picking up on that point, I would not want the House to think that I intended any personal disrespect to the hon. Member for Hayes and Harlington, who has brought the Bill to the House with the noblest of intentions. My frustration, as a new Member, is that we might...

Picking up on that point, I would not want the House to think that I intended any personal disrespect to the hon. Member for Hayes and Harlington, who has brought the Bill to the House with the noblest of intentions. My frustration, as a new Member, is that we might...

I am grateful to my hon. Friend for his intervention. Anyone who knows him will know that he would never intend any discourtesy to anyone, and I had certainly taken that as read, but I am sure that the hon. Member for Hayes and Harlington will be grateful to him...

I am grateful to my hon. Friend for his intervention. Anyone who knows him will know that he would never intend any discourtesy to anyone, and I had certainly taken that as read, but I am sure that the hon. Member for Hayes and Harlington will be grateful to him...

Let me explain why my hon. Friend's point is a good one. When asked to grant an interlocutory injunction, the courts will by definition have to act very quickly, as he says. They do not have the time to consider all the evidence in detail, so if there is a...

Let me explain why my hon. Friend's point is a good one. When asked to grant an interlocutory injunction, the courts will by definition have to act very quickly, as he says. They do not have the time to consider all the evidence in detail, so if there is a...

One oddity about injunctions is their application to Members of Parliament. They are very hard to enforce, given the freedom from civil arrest that we enjoy. Does my hon. Friend agree?

One oddity about injunctions is their application to Members of Parliament. They are very hard to enforce, given the freedom from civil arrest that we enjoy. Does my hon. Friend agree?

I am sure that my hon. Friend is right. He got rather technical during the course of that intervention, at which point it went beyond my capabilities. The bit that I understood, however, I certainly agreed with. Knowing my hon. Friend as I do, I am sure that I would...

I am sure that my hon. Friend is right. He got rather technical during the course of that intervention, at which point it went beyond my capabilities. The bit that I understood, however, I certainly agreed with. Knowing my hon. Friend as I do, I am sure that I would...

I am being tempted by people who are more expert in the law than I am to comment on matters that they know far more about than I do. My hon. Friends can take it as read that I agree with them on any matter with regard to the law,...

I am being tempted by people who are more expert in the law than I am to comment on matters that they know far more about than I do. My hon. Friends can take it as read that I agree with them on any matter with regard to the law,...

You are very kind, Madam Deputy Speaker. It really is a red-letter day now. I shall put that in the literature I will distribute at the next election. However, what surprised me was not just that you were listening to my speech, but that anyone was listening to it. I...

You are very kind, Madam Deputy Speaker. It really is a red-letter day now. I shall put that in the literature I will distribute at the next election. However, what surprised me was not just that you were listening to my speech, but that anyone was listening to it. I...

I too have been listening to my hon. Friend's speech with great interest. Does he believe that the Bill could be amended in Committee, or does he think that we should vote it down and kill it off as early as possible?

I too have been listening to my hon. Friend's speech with great interest. Does he believe that the Bill could be amended in Committee, or does he think that we should vote it down and kill it off as early as possible?

My hon. Friend makes a good point. What does substantial compliance mean? I am not sure. The hon. Member for Hayes and Harlington really should have drafted the Bill properly to include a proper definition of substantial compliance. That might at least have earned Labour party support, if not necessarily...

My hon. Friend makes a good point. What does substantial compliance mean? I am not sure. The hon. Member for Hayes and Harlington really should have drafted the Bill properly to include a proper definition of substantial compliance. That might at least have earned Labour party support, if not necessarily...

Is my hon. Friend suggesting that 20% of members need not be consulted? Would that be regarded as substantial compliance under the Bill? That would be outrageous.

Is my hon. Friend suggesting that 20% of members need not be consulted? Would that be regarded as substantial compliance under the Bill? That would be outrageous.

My hon. Friend asks a fair question. Would it be okay to have substantial compliance in electoral law? I have received letters from the Electoral Commission threatening all manner of prosecution if I do not comply completely with absolutely everything. Should politicians and campaigners only substantially comply? Must an employer...

My hon. Friend asks a fair question. Would it be okay to have substantial compliance in electoral law? I have received letters from the Electoral Commission threatening all manner of prosecution if I do not comply completely with absolutely everything. Should politicians and campaigners only substantially comply? Must an employer...

The salient point is on substantial compliance. Imagine if in canvassing our constituents we were to comply substantially with a ballot by delivering papers only to the 80% of people we thought likely to vote in the direction we wanted. Would that be substantial compliance or democracy?

The salient point is on substantial compliance. Imagine if in canvassing our constituents we were to comply substantially with a ballot by delivering papers only to the 80% of people we thought likely to vote in the direction we wanted. Would that be substantial compliance or democracy?

I thank my hon. Friend. He makes a fair point. There are many cases in which there should be full and proper compliance—for instance, in an investigation by an employer into staff misconduct. An employer seeking to dismiss a member of staff should comply fully with all the procedures under...

I thank my hon. Friend. He makes a fair point. There are many cases in which there should be full and proper compliance—for instance, in an investigation by an employer into staff misconduct. An employer seeking to dismiss a member of staff should comply fully with all the procedures under...

It is extremely generous of my hon. Friend to give way once again. The concept of substantial compliance is desperately worrying, because if in a Division of the House we had had only to be substantially compliant on an 80:20 basis, the result could almost always be reversed.

It is extremely generous of my hon. Friend to give way once again. The concept of substantial compliance is desperately worrying, because if in a Division of the House we had had only to be substantially compliant on an 80:20 basis, the result could almost always be reversed.

I would be extremely grateful if my hon. Friend, as a lawyer, explained to us whether the Court of Appeal's decision is precedent-setting for future judgments.

I would be extremely grateful if my hon. Friend, as a lawyer, explained to us whether the Court of Appeal's decision is precedent-setting for future judgments.

My hon. Friend is absolutely right. Court of Appeal decisions, by our system of precedent, bind future decisions of that court and all lower courts. As I am sure he knows, only the Supreme Court can change and overrule a precedent. That is highly unlikely, and highly unusual in cases...

My hon. Friend is absolutely right. Court of Appeal decisions, by our system of precedent, bind future decisions of that court and all lower courts. As I am sure he knows, only the Supreme Court can change and overrule a precedent. That is highly unlikely, and highly unusual in cases...

One real danger of the Bill is that the current set of established legal precedents would effectively become worthless. We would be back to square one, because new section 232B of the Trade Union and Labour Relations (Consolidation) Act 1992 has not been considered by the courts.

One real danger of the Bill is that the current set of established legal precedents would effectively become worthless. We would be back to square one, because new section 232B of the Trade Union and Labour Relations (Consolidation) Act 1992 has not been considered by the courts.

I completely agree with my hon. Friend, who makes a strong, powerful point. The situation is that the hon. Member for Hayes and Harlington alleges an uncertainty that seems not to exist. The Bill would seem on the one hand to reverse the burden of proof, and on the other...

I completely agree with my hon. Friend, who makes a strong, powerful point. The situation is that the hon. Member for Hayes and Harlington alleges an uncertainty that seems not to exist. The Bill would seem on the one hand to reverse the burden of proof, and on the other...

It is not my intention to speak at great length or to filibuster the Bill, but it does need legislative scrutiny. I take issue with the hon. Member for Hayes and Harlington (John McDonnell) who suggests that any desire to scrutinise, examine or otherwise consider this Bill is somehow reprehensible...

It is not my intention to speak at great length or to filibuster the Bill, but it does need legislative scrutiny. I take issue with the hon. Member for Hayes and Harlington (John McDonnell) who suggests that any desire to scrutinise, examine or otherwise consider this Bill is somehow reprehensible...

I congratulate my hon. Friend the Member for Hayes and Harlington (John McDonnell) on securing this debate on his Bill. He is renowned for his determination in campaigning on issues such as the one that we are discussing. The overwhelming majority of employers, as well as trade union leaders and...

I congratulate my hon. Friend the Member for Hayes and Harlington (John McDonnell) on securing this debate on his Bill. He is renowned for his determination in campaigning on issues such as the one that we are discussing. The overwhelming majority of employers, as well as trade union leaders and...

My hon. Friend is quite right. He has perhaps anticipated my fourth point. I was about to say that fourthly, and perhaps most importantly, there is the question of the paying public, who would be the ones most affected by the changes. I am concerned that if the law is...

My hon. Friend is quite right. He has perhaps anticipated my fourth point. I was about to say that fourthly, and perhaps most importantly, there is the question of the paying public, who would be the ones most affected by the changes. I am concerned that if the law is...

Although my hon. Friend the Member for Dover (Charlie Elphicke) is right, the category of person that appears to be in danger of being ignored in this debate is not the trade unions or employers but the paying public—the customers. At the end of the day, it is they who...

Although my hon. Friend the Member for Dover (Charlie Elphicke) is right, the category of person that appears to be in danger of being ignored in this debate is not the trade unions or employers but the paying public—the customers. At the end of the day, it is they who...

I agree with my hon. Friend, who makes a powerful point. The Bill is highly technical and seeks to change things that seem technical, but it has the support of no major party in the House. The Bill is also highly controversial in that it seeks to extend the right...

I agree with my hon. Friend, who makes a powerful point. The Bill is highly technical and seeks to change things that seem technical, but it has the support of no major party in the House. The Bill is also highly controversial in that it seeks to extend the right...

That point is important. When I made my brief comments, I was not aware of Opposition Front Benchers' stance, but I am not surprised because the Labour Government introduced the provisions in 1999 and therefore it is to be expected that Labour Front Benchers will stand by what they said....

That point is important. When I made my brief comments, I was not aware of Opposition Front Benchers' stance, but I am not surprised because the Labour Government introduced the provisions in 1999 and therefore it is to be expected that Labour Front Benchers will stand by what they said....

The hon. Gentleman is trying to lead me astray. Mr Deputy Speaker asked me not to carry on talking about history, but I disagree entirely with the hon. Gentleman's point. On the specifics of the proposals, we have to look at the Bill in its context. We need not go...

The hon. Gentleman is trying to lead me astray. Mr Deputy Speaker asked me not to carry on talking about history, but I disagree entirely with the hon. Gentleman's point. On the specifics of the proposals, we have to look at the Bill in its context. We need not go...

Does my hon. Friend agree that there is further to go down this route, and that if we are trying to make potential strike action fairer, which seems to be the purpose of the Bill, we should instead be providing that more than 50% of those balloted, rather than just...

Does my hon. Friend agree that there is further to go down this route, and that if we are trying to make potential strike action fairer, which seems to be the purpose of the Bill, we should instead be providing that more than 50% of those balloted, rather than just...

My hon. Friend knows that I have an affinity for thresholds in other circumstances. Obviously, I am not going to talk about that, because it is not germane to the Bill, but I think it right that a sufficient number should express their will for it to be valid, and...

My hon. Friend knows that I have an affinity for thresholds in other circumstances. Obviously, I am not going to talk about that, because it is not germane to the Bill, but I think it right that a sufficient number should express their will for it to be valid, and...

My hon. Friend is spot-on. We had a discussion about that on this side of the House. My hon. Friend the Member for Dover (Charlie Elphicke) elucidated for us what was meant by ““substantial””, and said that in law, it meant an 80:20 level. I am not lawyer, but I...

My hon. Friend is spot-on. We had a discussion about that on this side of the House. My hon. Friend the Member for Dover (Charlie Elphicke) elucidated for us what was meant by ““substantial””, and said that in law, it meant an 80:20 level. I am not lawyer, but I...

As I might not get the chance to make my own contribution, I wonder whether my hon. Friend shares my concern that, throughout this debate, this new concept of ““substantial compliance”” has not been properly addressed. It has been introduced to us in this small, minor-errors Bill, but it is...

As I might not get the chance to make my own contribution, I wonder whether my hon. Friend shares my concern that, throughout this debate, this new concept of ““substantial compliance”” has not been properly addressed. It has been introduced to us in this small, minor-errors Bill, but it is...

My hon. Friend is absolutely right. If a union cannot run a ballot properly, that is a disastrous state for that union to be in, but people use the mechanisms to hand. We should always be suspicious—always cautious, always careful—about allowing exemptions, because as soon as we do, people work...

My hon. Friend is absolutely right. If a union cannot run a ballot properly, that is a disastrous state for that union to be in, but people use the mechanisms to hand. We should always be suspicious—always cautious, always careful—about allowing exemptions, because as soon as we do, people work...

Does my hon. Friend agree that were the Bill to become law, it could be viewed by a vast number of unions and union officials, who are quite capable of running a ballot in line with the current regulations, as a complete insult to their intelligence?

Does my hon. Friend agree that were the Bill to become law, it could be viewed by a vast number of unions and union officials, who are quite capable of running a ballot in line with the current regulations, as a complete insult to their intelligence?

My hon. Friend makes an extraordinarily good and wise point. This would have been a better Bill if it had sought to raise that cap and made unions responsible for their unlawful errors.

My hon. Friend makes an extraordinarily good and wise point. This would have been a better Bill if it had sought to raise that cap and made unions responsible for their unlawful errors.

On that theme, does my hon. Friend agree that one thing that the Bill does not address is the damages that have to be paid by unions that call for action that is later found to be unprotected? Damages are capped at £250,000 in those cases, whereas the strikes at...

On that theme, does my hon. Friend agree that one thing that the Bill does not address is the damages that have to be paid by unions that call for action that is later found to be unprotected? Damages are capped at £250,000 in those cases, whereas the strikes at...

I am sure that hon. Members who have been present throughout the debate know that my hon. Friend the Member for Shipley (Philip Davies) had many more comments to make and has not had the opportunity to do so. The idea that opposition is being artificially engineered is far from...

I am sure that hon. Members who have been present throughout the debate know that my hon. Friend the Member for Shipley (Philip Davies) had many more comments to make and has not had the opportunity to do so. The idea that opposition is being artificially engineered is far from...

I am grateful for all the interventions, but I want to present my arguments because there are genuine concerns about that Bill that the coalition partners share, and it is important to put them to the House. We have serious difficulties with the proposal to reverse the burden of proof....

I am grateful for all the interventions, but I want to present my arguments because there are genuine concerns about that Bill that the coalition partners share, and it is important to put them to the House. We have serious difficulties with the proposal to reverse the burden of proof....

I am grateful to the hon. Gentleman for giving way, but I am not quite sure that I am so grateful for his history lesson. When he talks about these days past and the British empire and so on, does he mean when working class people knew their place?

I am grateful to the hon. Gentleman for giving way, but I am not quite sure that I am so grateful for his history lesson. When he talks about these days past and the British empire and so on, does he mean when working class people knew their place?

Mr Deputy Speaker, I was referring to the opening remarks of the hon. Member for Hayes and Harlington and following up on those, as I now wish to follow up on the remarks made by my hon. Friend the Member for Bury North (Mr Nuttall). His speech was in a...

Mr Deputy Speaker, I was referring to the opening remarks of the hon. Member for Hayes and Harlington and following up on those, as I now wish to follow up on the remarks made by my hon. Friend the Member for Bury North (Mr Nuttall). His speech was in a...

My hon. Friend is absolutely right. I was about to say that his speech reminded me of an age of politics when things worked. His was the form of speech that this House was used to when it was at its greatest, when it was the House from which legislation...

My hon. Friend is absolutely right. I was about to say that his speech reminded me of an age of politics when things worked. His was the form of speech that this House was used to when it was at its greatest, when it was the House from which legislation...

My hon. Friend makes an interesting point. The Bill's title was designed to encourage exactly that response from Members. To be fair to them, I can quite appreciate that they would look at that title and think, ““There's not much here, move along,”” but in fact, when we study the...

My hon. Friend makes an interesting point. The Bill's title was designed to encourage exactly that response from Members. To be fair to them, I can quite appreciate that they would look at that title and think, ““There's not much here, move along,”” but in fact, when we study the...