Orders of the Day — Emergency Powers

Part of the debate – in the House of Commons am 12:00 am ar 18 Rhagfyr 1973.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Mr Albert Booth Mr Albert Booth , Barrow-in-Furness 12:00, 18 Rhagfyr 1973

There appears on the Order Paper in connection with the item before us a note to the effect that the instrument has not yet been considered by the Joint Committee on Statutory Instruments. This may, unintentionally, have led hon. Members to believe that the Committee had no objection to the form of the regulations, but that is not so.

I understand the technical reasons for the note, but when the committee considered the original regulations that are being continued tonight it decided that they should be brought to the special attention of the House on grounds that I shall outline.

For more than half a century it has been the law of our country that there should be a specific protection for people against the abuse of emergency powers such as those we are adopting tonight. The Emergency Powers Acts of 1920 and 1964 provide that no regulations shall be made under those Acts that impose industrial conscription or make it an offence for any person to take part in a strike or peacefully persuade any other person to take part in a strike. I contend, therefore, that it is totally illogical for the Government, by regulations, to impose on those taking industrial action less far-reaching than a strike penalties that they cannot by law impose upon strikers. Yet the terms of the regulations are open to that interpretation. That is to say, a logical interpretation would suggest that they contain penalties that could be imposed on people taking action short of a strike.

Regulation 32(1) provides as follows: No person shall do any act with intent to impair the efficiency or impede the working or movement of any vessel, aircraft, hovercraft, vehicle, machinery, apparatus or other thing used or intended to be used in the performance of essential services, or to impair the usefulness of any works, structure or premises used or intended to be used as aforesaid. On any commonsense interpretation of the English language those terms are wide enough to cover the imposition of an overtime ban or a work to rule, or a refusal to undertake specific duties or even to carry out piecework agreements.

Almost any industrial action in the furtherance of a claim by a trade union for an improvement in wages or conditions, must, if it is to be effective, impair the efficiency or impede the working of the employer's business. It must therefore be caught up in the definition contained in Regulation 32(1). If it is not intended by the Government that Regulations 32(1) and 32(2) should be interpreted in that way, it is open to them to include within the regulations words that would protect anybody who was taking industrial action short of a strike. However, there is no attempt to do so and no indication in the regulations that that is the case.

The miners' overtime ban, for example, must be a case of a number of men omitting to do something with intent to impair the efficiency or usefulness of something used in the performance of essential services. It must be seen in that context. An overtime ban must impair the provisions of that essential service. Therefore, it is directly at variance with the provisions of this set of Emergency Powers.

People who are caught up in the provisions of Regulation 32(1) cannot claim the defence that they are engaged in a strike unless they are engaged in official strike action. It seems essential that it is made clear tonight that that was not the intention of the regulations. I hope that we shall be informed by the Secretary of State for the Home Department that the regulations have been drafted without a realisation of the meaning of the words, strange though that may seem, and that it is not the case that Regulations 32(1) and 32(2) shall be used as a means of imposing a penalty on men who do something short of strike action in furtherance of any legitimate trade union objective in a way which could not be used against anybody who pursued an active strike.

If the regulations were to be used to impose penalties on men who engaged in overtime bans or any other industrial action short of a strike, I hold that it would be at variance with what has been the intention of the House in passing Emergency Powers Acts. Regulation 38 fairly and rightly repeats that a person shall not be guilty of an offence under any of the regulations by reason only of taking part in or persuading another person to take part in a strike.

I put it in all seriousness to the Secretary of State that that cannot protect somebody who is not striking but is engaging in an overtime ban or a work to rule. Therefore, I hold that the provisions of Regulations 32(1) and 32(2) can be open to the interpretation that they will apply to people who are not striking.

In the special circumstances which now exist—namely, at the time of a crucial fuel problem—all people rightly regard the supply of all sorts of power and energy as essential services. Similarly, in circumstances where means of transport are subject to fuel problems, transport may also properly be regarded as an essential service.

I ask that the regulations shall not pass through the House tonight without a clear assurance that the meaning of Regulations 32(1) and 32(2) is not that people who are not strikers will be in breach of the emergency powers. I hope that we shall also have an assurance that the regulations will be relaid to make that clear so as to give protection to people who engage in industrial action short of striking, which they are required to have by law if they engage in strikes.