L

Lord Hendy (Lab)

Speaking in the House of Lords on 10 December 2025

Debate

Employment Rights Bill

Contribution

Thanks for bearing with me. In December 1909, all this changed. The Judicial Committee of this House held, in the Amalgamated Society of Railway Servants v Osborne, that the statutory definition was exhaustive and it was therefore unlawful for a union to spend money on any object other than the regulation of industrial relations. That decision was not a foregone conclusion. Three years earlier in the High Court, in a case called Steele v South Wales Miners’ Federation, Mr Justice Darling had held that the statutory definition —I am getting to the point here, bear with me— “was not intended to be exhaustive, or to prevent an association from lawfully doing other acts beyond those there mentioned. It is significant that the section is silent about providing benefits for members, which is one of the recognised branches of trade union business. So that even if the purposes mentioned in the rule do not come within those specified in the section, there is nothing to render them illegal. But, further, I am of the opinion that they do fall within those specified in the section. It seems to me that one of the ways of regulating the relations between workmen and masters … is to get laws passed by Parliament for their regulation, and that one of the first steps towards getting those laws passed would be to send a representative to Parliament to promote a Bill for that purpose”.

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