Lord Sharpe of Epsom (Con)

My Lords, I join the general thanks to the noble Lord, Lord Hendy. I thought it was a most interesting introduction and I learned a great deal. I particularly liked the phrase “constitutional benediction”, which I am planning to nick—although not in this context, because I rise to join the Minister and express my clear and firm opposition to the proposed new clause after Clause 64. It seeks to enshrine in statute a so-called positive right to strike even in breach of contract, as opposed—if I follow the noble Lord’s arguments correctly—to the freedom to strike. It strikes me as somewhat semantic in terms of the practical outcome, which I suspect is an argument we will hear again. Let us be absolutely frank about what the amendment would entail. It would insert into the Trade Union and Labour Relations (Consolidation) Act 1992 a wholly unprecedented and therefore dangerously broad provision that every worker shall have the right to take industrial action, whether or not it is in breach of any contract. It would not be subject to employer agreement or tethered to lawful procedures but would be an absolute statutory right to break contract terms and withdraw labour. Industrial action, particularly strike action, is obviously a serious matter, and I think everybody would agree on that. It affects not only the employer but the public, the economy and, critically, the most vulnerable in society, who rely on public services. That is why we believe our existing legal framework strikes a careful balance. It protects the right to strike but does so within clear procedures and obligations: balloting requirements, notice periods and protections against unlawful disruption. This amendment would ride roughshod over all that. What does it mean to have a right to breach your contract, regardless of process or proportionality? Surely, that is not a right; that is just carte blanche. This provision would displace the carefully constructed framework that governs how industrial action can be taken lawfully and responsibly. It would empower disruption without accountability. The purpose of employment law is not to tilt the playing field in one direction or another but to ensure that fairness, order and mutual obligations between employers and workers are respected. The right to withdraw labour must remain conditional on lawful procedures and not granted in the abstract, regardless of impact or legality. Moreover, the proposed amendment would likely bring the UK into direct conflict with established contract law and create endless legal uncertainty. If workers are told that they have a statutory right to strike, even in breach of a contract, what does that mean for essential services, public safety, or the ability of schools, hospitals and transport systems to function with any consistency? I do not think we should be mistaken. This amendment is not some minor clarification; it is a fundamental rewrite of the basis of workplace relations. It would undermine the principle that contracts entered into freely carry obligations and it would sweep away the balance between rights and responsibilities. I also have to ask: once a principle of contract breaking is established, how long before that is used as precedent in other contractual disputes? Nobody denies that workers must be able to organise, speak up, bargain collectively and act where necessary. That is already protected in the legal framework. This amendment would take a sledgehammer to that balance. It would replace legal clarity, we believe, with legal radicalism, and accountability with absolutism. For those reasons, I urge the Government to reject the amendment.