Industrial Relations

Part of the debate – in the House of Commons am 12:00 am ar 4 Rhagfyr 1973.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Mr Derek Walker-Smith Mr Derek Walker-Smith , Hertfordshire East 12:00, 4 Rhagfyr 1973

Thank you, Mr. Deputy Speaker. I say therefore with all the energy and emphasis that I can command, let there in the name of fairness and decency be an end to this personal vituperation.

May I end with some slightly more general comments? This debate raised matters of fundamental importance in regard to judges and Parliament alike in the maintenance of the fabric of the law. Dicey in his famous classification identified as the twin pillars of our constitution the sovereignty of Parliament and the rule of law. It has been one of the glories of our country's achievements that without the limitations of a written constitution we have maintained that structure inviolate. How has it been done? It has been done not least by realisation of the clear dichotomy between the processes of law making and the processes of law enforcement. In the first judges play no part ; in the second Parliament plays no part. Only by a preservation of that dichotomy and a self-denying ordinance of respect on the part of all concerned can the sovereignty of Parliament and the rule of law continue to co-exist.

An illustration of that principle is given by the Industrial Relations Act. The law-making processes were vigorous and protracted. They took place in this Chamber and hon. Members, including myself, participated freely in them—the hon. Member for Liverpool, Walton (Mr. Heffer) and the hon. Member for Salford. West with particular distinction. While I dissented from their conclusions, I gloried in their presentation. In playing their full, vigorous and constructive part in the processes of law making they strengthened the fabric of our law and democracy alike and enriched our constitutional heritage.

Yet with the passing of this Act we entered another and different position. What we then debated became the law of the land. It was not, like the law of the Medes and the Persians, unchangeable. That is not our democratic way. In this country the book is never closed. It is always possible to amend and even to repeal, but only by the same constitutional process by which a law was made. But while it is the law it may not be defied. That is a central requisite of the rule of law.

In that sense the law is indivisible. We cannot practise selectivity. We cannot adopt or reject laws, because that way lies anarchy. One man's preference is another's rejection and soon the whole edifice of the law will crumble. Soon we should be descending to lawlessness, to that state described in the Book of Judges where each man did what was right in his own eyes. Contempt of a court charged with the duty of enforcement is a defiance of the law and no words can gloss that over—[Interruption.] The hon. Member for West Ham, North would do much better if he sometimes took the advice of some sensible lawyers. It might make his contributions here much more worthwhile.