Part of the debate – in the House of Commons am 12:00 am ar 4 Rhagfyr 1973.
The hon. Gentleman is probably referring to Section 3 of the Trade Union Act 1913, as frequently amended. I shall come to that point presently, but I should be serving the House better if I followed the pattern of my argument, which I have presented on the three questions. I want to take them in order.
As to the first question, there is no suggestion that the court, either in the Con-Mech case or in any of its predecessors, Heaton or the others, was not dealing with a matter which it had a duty in law to decide. The fact that one party chooses not to appear is unfortunate and unhelpful to the due processes of the law, but it is irrelevant to the question of the duty of the court.
The second question can be dealt with equally shortly. The union not only admits disobedience of the order of the court but proclaims it and exults in it.
That brings us to the question whether the steps taken to correct it were lawful, and that needs a little more explanation. The Industrial Court is constituted as a Superior Court of Record under paragraph 13 of the Third Schedule of the Act, and that gives it the power to fine. Then under paragraph 27 we see,
In relation to … the enforcement of its orders, and all other matters incidental to its jurisdiction under this Act, the Industrial Court shall have the like powers, rights, privileges and authority—(a) in England and Wales, as the High Court".
Those powers include the powers of sequestration, and sequestration as a method of execution has its origins deep in the roots of English legal history. It is one of the basic forms of execution set out in detail in Order 46 of the rules of the Supreme Court. Other forms of execution there may be which deserve the terms "exceptional" or "esoteric", but not, I submit, this one. There are others to which no doubt the hon. Member for Salford, West (Mr. Orme) will address himself in his new-found enthusiasm for these matters. There are, for example, venditioni exponas, distringas nuper vicecomitem and capias ad satisfaciendum. Those might be considered esoteric and unusual, but the writ of sequestration is basic. It is perfectly true, as the right hon. Member for East Ham, North (Mr. Prentice) fairly said, that normally its operation is at the initiation of the parties. But again, as he said, Sir John Donaldson gave in his judgment the reasons why in this case the court had to do this.