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Sir George Young: I think that the hon. Gentleman will find that the 30-minute fire resistance refers to the passenger coaches rather than the wagons that were carrying the lorries. Certainly, the performance of the ventilation system is important; the inquiries will cover that, and I shall ensure that they take on board the other issues raised by the hon. Gentleman.

Mr. Andrew Rowe (Mid-Kent): Will my right hon. Friend give an assurance that, in his inquiries, the weight attributed to the Kent fire brigade is taken into consideration? I understand from some of the accounts that a high proportion of the brigade's total resources were waiting to see whether they would be required. It is very unsettling for us, in this large county, to find that we are given no additional assistance to deal with the enormous transport corridor that is on our doorstep.

Sir George Young: I think that my hon. Friend will recognise that his question deals with a slightly broader issue than the issue covered in my statement. It is a matter for my right hon. Friend the Secretary of State for the Environment, as it relates to the resources available to my hon. Friend's local authority.

As for pressure on fire services in Kent, the CTSA, which is conducting one of the inquiries, includes as one of its members Kent's county fire officer. I assume that he will bring the issue raised by my hon. Friend to the authority's attention.

Mr. Andrew Mackinlay (Thurrock): Will the Secretary of State ensure that the inquiries are not drawn so narrowly as to exclude examination of Eurotunnel's general stewardship of safety and security in the tunnel? Does he agree that safety and security are, in fact, indivisible? Has not Transec--which I believe is a department within the Secretary of State's stewardship--recently indicated that it nearly closed the tunnel, and are not search arrangements for both commercial vehicles and passengers under review? Is not the work about to be hived off to an agency? Indeed, that may have already happened.

As well as being reassured about the circumstances relating to the fire, and told why assurances were not fulfilled last night, the public need to be satisfied that security is of paramount importance, and that there will be no diminution in the level of security--although there are indications that that might happen.

Sir George Young: Security is important, but the hon. Gentleman will understand that it is not the practice of Ministers to go into details of security arrangements for any particular transport mode. The inquiry will cover

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everything that is relevant and I remind him that the CTSA is independent of Eurotunnel. It has been set up under the treaty of Canterbury to advise and to assist the intergovernmental commission on all matters concerning safety in the construction and operation of the fixed link. Those terms of reference are broad enough to cover everything that is relevant to last night's incident.

Mr. Jacques Arnold (Gravesham): Is it not to the credit of the Kent ferry industry that, with this terrible disaster in the tunnel stopping traffic going through it, that industry has risen to the challenge and, with virtually no disruption, has provided proper ferry services? Will my right hon. Friend join in the thanks that have already been voiced by my hon. Friend the Member for Dover (Mr. Shaw) and that would no doubt be echoed by my right hon. and learned Friend the Member for Folkestone and Hythe (Mr. Howard) to his constituents, who are also involved in the industry?

Sir George Young: Clearly, passengers wanting to get across the channel from both directions have faced enormous difficulties. I understand that there has been a good response from the ferry companies, which, despite today's difficult weather, have been able to accommodate many of the people who would otherwise have remained stranded.

Mr. Tam Dalyell (Linlithgow): This is not just a question of being wise after the event. May I refer to the precise question that my hon. Friend the Member for Crewe and Nantwich (Mrs. Dunwoody) tabled on 22 July, which was answered by the Minister for Railways and Roads, the hon. Member for Slough (Mr. Watts)? Why is it that the intergovernmental commission was not asked to examine or decline to examine the question of toxic fumes in relation to semi-open wagons? This was not only in a sense predictable, but predicted, foreseeable and foreseen by my hon. Friend.

Sir George Young: The CTSA needs no such directions or instructions from Ministers. It has been set up precisely to advise and assist the intergovernmental commission on all matters concerning safety in the construction and operation of the fixed link. It includes on its membership the Kent county fire officer, the deputy chief inspector of railways, civil engineers and people with health and safety expertise. It has the remit and the capacity to investigate matters that are of concern to it.

Mr. Hugh Dykes (Harrow, East): Will my right hon. Friend confirm that there was excellent co-operation

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between safety personnel on both the British and French side in what was a frightening incident, mercifully in contrast with the heavy and tragic loss of life on ferry boats in the past? None the less, unless there is a thorough investigation, one cannot be sure that worse things will not occur. Will he promise to include in the range of items to be investigated profoundly the prohibition of combustible materials, particularly those emitting toxic smoke and poisonous smoke fumes?

Sir George Young: I am sure that the inquiries will want to consider those particular issues, but my hon. Friend has reminded the House that the rescue system worked broadly as planned. Of course any casualties are deeply regretted, but there was no loss of life and that is a tribute to the emergency services.

Mr. Nick Raynsford (Greenwich): Does the Secretary of State recall that, when the House was considering the Act that authorised the construction of the channel tunnel, serious concerns were expressed about the implications of some of the shuttle service's design features and their possible implications for fire safety? Given his emphasis on the safety authority's role, does he also recall that serious concerns were voiced that its role was to react to Eurotunnel's proposals and to assess those, rather than to recommend what might be the most appropriate design to guarantee optimum safety? Will he therefore now ensure that, in the investigation and inquiry into yesterday's unfortunate accident, the safety authority is not precluded from considering whether alternative design arrangements, both for heavy goods vehicle wagons and for wagons carrying motor cars, where there is no segregation between passengers and vehicles, may not be the best arrangements for guaranteeing the public's safety? Will he ensure that the public's safety and the most appropriate design arrangement to secure it, are at the forefront of the minds of all the people who are responsible for considering the results of the inquiry?

Sir George Young: I believe that I am right in saying that both the hon. Gentleman and I sat on the Committee considering the legislation to which he refers. It took a substantially long time to get through the House, due in part, if I may say so, to his objections-- [Interruption.]--not just on safety; it raised a number of broader issues. Of course, safety considerations must be paramount. As I said earlier, I am sure that the Channel Tunnel Safety Authority will want to consider precisely the issue that the hon. Gentleman has raised--the design of the wagons concerned.

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Trade Unions

3.49 pm

The President of the Board of Trade and Secretary of State for Trade and Industry (Mr. Ian Lang): I would like to make a statement on the Green Paper on industrial action and trade unions, which I have published today.

Industrial relations in this country have improved beyond recognition since the Government were elected in 1979. In that year, almost 30 million working days were lost through industrial action. Last year, the figure was 415,000--down by more than 98 per cent. In 1994, we lost fewer days than in any calendar year since records began in 1891.

Our industrial relations record--once a music-hall joke--is now a major selling point for the country. Foreign investors appreciate the transformation. It helps to explain why the United Kingdom attracts more inward investment from outside the European Union than any other member state.

The Government's step-by-step reform of industrial relations law has played a significant part in that rehabilitation. It put an end to abuses such as the closed shop and the car park show of hands. It created a fairer balance in the workplace. It created a fairer balance, framed by law, between individual union members and their union's leaders.

The Government began this series of reforms with the Employment Act 1980. We built on that base carefully and after consultation, targeting specific problems in five further rounds of legislation. We have crafted a legal framework which is, on the whole, working very well. Each step along the way was fiercely opposed by Labour Members.

However, the events of this summer have reminded us of the damage and suffering that strikes can inflict. More working days were lost in the single month of August than during the whole of last year. Millions of people had their lives disrupted by strikes on the London underground and on the railways. Firms had their business disrupted by a succession of postal strikes.

Happily, many of the summer's disputes are settled or on the way to settlement, as they should always have been, by negotiation. However, there is a danger that bad examples will be followed. Today, most universities throughout the country are suffering from the effects of industrial action taken by eight different unions. In Scotland, the National Union of Rail, Maritime and Transport Workers is planning a five-day strike that will paralyse rail travel throughout Scotland from 26 November.

The Government will not stand by and watch the virus of crude strike action flare up again as it did this summer. Our people deserve protection both from excessive use of the strike weapon, which should always be only the weapon of last resort, and from the cynical use of the public as hostages in a dispute.

Our enormously successful privatisation programme has introduced competition in many areas, and we must seek to extend that. Strikes these days are largely concentrated in the public sector and in services where there is little or no competition and therefore little alternative for the public who depend on these services.

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More than 70 per cent. of all days lost through strikes occur in those areas, where the public sector or monopolies predominate, compared with around 10 per cent. in the 1970s. In those sectors, the scope for inflicting damage is great and the constraints minimal.

It is precisely because some strikes cause disproportionate disruption to the public that the Government must act to mitigate that damage. The proposals in the Green Paper are aimed to contain damage to the public caused by strikes of that kind, especially strikes where the public have no alternative.

I have concluded that a new approach is required--an approach which avoids the difficulty of defining in advance which services are essential. Instead, the Green Paper proposes that strikes should lose immunity if their effects are "disproportionate or excessive".

That is a reasonable and measured approach. It means that unions must think more carefully before embarking on industrial action. They will need to consider what effect their action might have on third parties. If they call strikes that threaten health or safety, or national security, or which cause serious damage to property, or which significantly disrupt everyday life or activities, they could lose their statutory immunity. In other words, the rights of innocent third parties--the public, businesses--will be brought into the equation.

I cannot see how anyone can argue that unions should have immunity from the law to cause such damage or disruption to those not directly involved in their disputes, but directly affected by their strike action. So, if a trade union calls, or threatens to call, action which has or is likely to have disproportionate or excessive effects, the workers' employer, and other businesses affected, could go to court to seek an injunction or interdict either to stop the union or, if necessary, to sue the union for damages. Moreover, anyone who is deprived of goods or services as a result of industrial action with disproportionate or excessive effects could apply for a court order to stop the union. The Commissioner for Protection Against Unlawful Industrial Action could assist such applicants.

I repeat that this is a measured proposal. Trade unions that behave responsibly and take the wider public and national interest into account have nothing to fear from it.

The Green Paper contains a number of other proposals to encourage the responsible conduct of industrial action. Strikes should be called only as a last resort. They should not be precipitate--adequate notice should be given to all concerned. That gives time for talks that might avert the strike altogether and gives those likely to be affected by a strike the time to make contingency preparations. At present, unions have to give seven days' notice of industrial action. The Green Paper proposes that the notice period should be increased to 14 days.

Strikes should be called only when the union's members have first voted clearly in support, in a secret ballot. The Green Paper proposes that, henceforth, at least half of those eligible to vote must support the proposed industrial action. Going on strike is a serious decision. It involves breaching contracts; it can have far-reaching effects on the livelihoods of both strikers and others; it can bankrupt firms or lead to factories being closed. So it is right that such action should have the support of a majority of all those who can participate in such a decision.

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In addition, the initial ballot should not give a union an open-ended mandate for striking. Trade union members should be able to say from time to time whether they still support the action or whether they are prepared to return to work. The Green Paper therefore proposes that there should be a fresh ballot after two or three months, where action is continuous, or after a specified number of short strikes.


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