Member

Unsurprisingly, it is widely accepted that the right to strike has achieved the status of customary international law, supported by widespread state practice, with more than 90 countries recognising the right to strike in their constitutions. No doubt the Government will say that a positive right to strike is unnecessary and a matter of legal form over substance, since it will not, of itself, alter the statutory restrictions and conditions for strike action, whatever they may be, after the Bill becomes law. I respectfully disagree. In the first place, form is important—British workers should have at least the same nominal rights as workers all over Europe. If a positive right makes no difference, then there is no reason not to grant it. In fact, a positive right to strike in the UK would be highly relevant to the continuing evolution of the common law torts from which the legislation, starting in 1906, confers protection.