Part of the debate – in the House of Commons am 12:00 am ar 4 Rhagfyr 1973.
No one can sit through a debate on such matters as we have been discussing, let alone take part in it, without appreciating the feeling and passion that arise.
We have had a contrast between the Opposition's opening speech, by the right hon. Member for East Ham, North (Mr. Prentice), and the Opposition's closing speech, by the hon. Member for Salford, West (Mr. Orme). I have heard the hon. Gentleman many times. No one can listen to him without realising the passion he feels about these matters, which is acknowledged on both sides of the House, But the House will recognise that there was a difference in approach between the two speeches.
I do not think that anyone who took part in the debates when the Act was going through Parliament, or was present, will ever forget it. Many hon. Members have probably not forgotten their speeches, because some of those speeches were repeated today.
No one doubted the immense task which Parliament was giving to a new court in establishing the National Industrial Relations Court. It was accepted and understood that there would have to be a presiding judge and that other judges would have to be appointed.
I was glad that the right hon. Member for East Ham, North said that the attack should be directed at the Government. Of course it should. That is the courageous and straightforward way to attack in the matter. The proper target is the Minister and the Government, as my right hon. Friend the Secretary of State for Employment accepted as he stood there presenting a very good target this afternoon. It is intolerable if the opposition to Government policy is directed towards the judges. That is bad for Government, bad for Opposition and, above all, bad for Parliament.
The National Industrial Relations Court and its judges, not only because of the atmosphere in the debates but because of the very nature of the matters they had to decide, had a difficult task. They are entitled to be judged on the whole of the record since December 1971. Of course, they have been in the centre of several storms but, contrary to the impression of some, most of what the court has had to do has been the ordinary, prosaic, unexciting, un-news-worthy matter which is usually dealt with by courts or Parliament. Only in a few cases have storm centres occurred. Only when the court has been faced with confrontation has its work been the subject of publicity and headlines.
Despite that, the court has dealt with a vast amount of solid and effective work which, whether Labour Members like it or not, has affected many thousands of people who went to it. It has achieved a great deal, as much by settlement, agreement and conciliation as by judgment or order. None of that has been publicised, but if this law is to be critically examined by the House the whole operation of the court should be taken into account.
When it established the court Parliament made clear that its prime purpose was to bring about agreement between parties who came to it. Therefore, its success can be measured more by the cases it settled than by those it decided.
The hon. Gentleman criticised part of the procedures and methods which the court adopts as compared with various divisions of the High Court. But Parliament stated that it should regulate its own procedures. It was to exercise its jurisdiction so as to enable parties to use conciliation officers. It was to avoid formality and was not to be bound by the strict rules of evidence. Anyone was to be represented at it. The hours of sitting were to be fixed to suit the parties, for however long they desired, and there were to be adjournments, discussion and conciliation whenever required. That is why the court's procedures are totally different from the procedures in the various divisions of the High Court.