Tag: Jerome Mayhew

  • Jerome Mayhew – 2022 Speech on Employment Agencies and Trade Unions

    Jerome Mayhew – 2022 Speech on Employment Agencies and Trade Unions

    The speech made by Jerome Mayhew, the Conservative MP for Broadland, in the House of Commons on 11 July 2022.

    I rise to support both statutory instruments, but I will speak in support of only one: the liability of trade unions in proceedings in tort and the increase in the limit on damages. To set the context, we need to look at the rights and obligations under the law of tort—the common-law duty under tort—so that we can understand the rationale behind the measures. As many Members will know, for a liability under tort to become established, we first have to have a duty of care for one organisation or individual to another. There needs to be a breach of that duty and then evidence to demonstrate that the breach was causative of identified damages. That is a standard part of the law of tort and of our common law. It is worth making the point that it applies to all of us in all our relations with one another; it is not unique to the unions. The starting point is that every organisation is responsible in damages for a tortious breach of its duty of care.

    I turn to the specific problem with trade unions and trade union-inspired strikes. Although the withdrawal of labour is a fundamental right, as the right hon. Member for Ashton-under-Lyne (Angela Rayner) made clear, it can lead to a huge number of breaches of tortious duty if a strike is illegal, because public sector work has an impact on so many other organisations. In previous legislation, the Government created an exemption for unions on legal strikes—the official protected industrial action clauses—but illegal strike action is not protected under the law, so the risk remains that trade unions are open to crippling damages being awarded against them. Why should they not be? If through their illegal actions they have caused identified losses to other individuals, why should they not be responsible for them?

    Paula Barker (Liverpool, Wavertree) (Lab)

    Could the hon. Member identify the last time that there was an illegal strike, please?

    Jerome Mayhew

    Since 1982, there has been effective legislation to dissuade that kind of act, but the effectiveness of that legislation has diminished over time to such a level that it is no longer worth applying. The damages cap is so low in real terms that it has become ineffective as a disincentive.

    Barry Gardiner

    Does the hon. Member understand that as the normal remedy is an injunction, what he proposes might, ironically, make injunctions against strikes more difficult for employers to obtain? One of the conditions for the grant of an interlocutory emergency injunction is that it must be shown that damages, if awarded at full trial, would not be an adequate remedy, so raising the level of that remedy makes it less likely that an employer could get an injunction. The hon. Member’s argument has therefore undermined itself.

    Jerome Mayhew

    I am grateful for that intervention, but I fundamentally disagree. As the hon. Member will know, when someone makes an interlocutory application for an injunction, they often have to give an undertaking in damages. The cap, which I have not yet come on to, will not be raised to a new level; the order merely restores what was put in place, which was the will of Parliament when the legislation was enacted back in 1982.

    There is a very strong argument that an organisation that causes loss to another through its breach of a duty of care should be responsible for 100% of damages, but the Government have not taken that view. They have capped the liability in damages for trade unions, even when strikes are illegal. They have tried to balance the disincentive from strike action, for which I make no apology, with protection for trade unions from the full consequences of their actions, even though they might be illegal. The reason is that the Government are in favour of trade unions and do not want crippling damages being awarded against them. There is a balance of rights and obligations, which in my view is absolutely reasonable.

    The cap was set by Parliament under the Employment Act 1982 at between £10,000 and £250,000, based on the size of the union and its ability to pay. It seems quite wrong, in 38 intervening years, for the caps not to have been increased by the rate of inflation or by any other amount. The rights of unions and the rights of damaged businesses and individuals have now, in my submission, become unbalanced. The legislation is no longer acting as proposed, and I think the Government are quite right to take action to rebalance it, as it originally required. I have looked up, on the Office for National Statistics website, the retail prices index figures for inflation between January 1982 and May 2022. The multiplier, to be entirely accurate, is 4.31963. The Government’s proposals, which use a multiplier of four, are actually less than the inflationary increase.

    It is entirely right that the order restores the original intention of Parliament. The legal right to strike is wholly protected, and it is disingenuous for Opposition Members to suggest that the right to strike is being in any way affected. The order merely restores the balance of rights between the damages available to the victims—and they are victims—of tortious losses caused by illegal strike action and the protection of trade unions from crippling losses. That is right: it is an incentive to avoid illegal strikes, which I think is a good thing.

    This is good government. I support the order; I only suggest that from now on, the limits should rise automatically with inflation to avoid having a repeat of this debate in 2060.

  • Jerome Mayhew – 2020 Maiden Speech in the House of Commons

    Below is the text of the maiden speech made by Jerome Mayhew, the Conservative MP for Broadland, in the House of Commons on 13 February 2020.

    I feel hugely privileged to be standing here as the Member of Parliament for Broadland. It is an exquisite sliver of breathtaking Norfolk, from Wighton in the north, where my parents were married, to the Halvergate Marshes near Breydon Water in the south-east. It is named after the eponymous Norfolk Broads, a magical combining of flooded medieval peat cuttings interconnected by rivers: the Yare, Bure, ​Ant, Wensum, and Thurne, to name a few. Together they make up the great harbour of the Broads. The harbourmaster is the Broads Authority, whose key duty rightly remains to maintain navigation. The area is also a wonderful haven for nature, created by Norfolk reed-cutting and marsh grazing over centuries, a harmonious form of traditional husbandry serving both nature and man. Long may those traditional occupations be able to continue to do their good work.

    However, to the north of the constituency, some 30 miles from the Broads, “Broadland” is a misnomer. Who would describe Fakenham, with its fine racecourse—but currently, shamefully, no post office—or the pilgrimage village of Walsingham as being in the Broads?

    The boundaries of my constituency have been much changed in recent times, but my predecessor, the right hon. Keith Simpson, flexed with them to represent this part of Norfolk for the past 22 years. An academic, Keith describes himself as a

    “military historian with an interest in defence and security”.

    This political modesty belies his long and distinguished service on some of the key Committees of the House, and most notably his valued membership of the Intelligence and Security Committee. He is a charming and witty after-dinner speaker, and I will struggle to meet his standards and expertise.

    Keith was a staunch advocate for Norfolk and for the infrastructure that it deserves. On reading his maiden speech, made back in 1997, I noticed his demand for the dualling of the A47, a key east-west artery for East Anglia. What I did not realise was that this is a tradition of the seat. Looking further back, I discovered that his predecessor, Richard Ryder, made an identical request 37 years ago, in 1983. I now join the club. I am still looking forward to the dualling of the A47, but with this Government’s welcome commitment to investing in our infrastructure, including the dualling of the A47, I am delighted that my eventual successor to the seat of Broadland—I hope in 2055 or thereabouts—will have something else to talk about.

    My hon. Friend the Member for North Norfolk (Duncan Baker), in his moving maiden speech, evoked the slower pace of life associated with our part of the world, which is epitomised, in his mind, by the village of Slowly. Well, once he has tired of Slowly, I invite him gently to join me in Little Snoring, or even in Great Snoring. But to talk of modern Norfolk in such terms is to ignore the dynamic businesses that thrive there, particularly in the farming, agri-science and green energy sectors. As a rural-based businessman myself, I know the desperate need for improved mobile phone coverage and broadband connectivity to allow the businesses of Broadland to thrive. That is why I wholeheartedly welcome the shared rural network agreement to provide 95% of geographical coverage by 2025, and I am already working with Mobile UK and Norfolk County Council to ensure that Norfolk is in the first phase of this roll-out. I also eagerly await the Government’s 1 gigabit broadband. Entrepreneurialism is alive and well in Broadland, and business there could have the best of both worlds—unrivalled quality of life, together with great connectivity—but we need the tools to do the job.

    I join this Parliament in what I believe to be an era-defining moment. For the last 40 years, the relative importance of this place has slowly diminished as more ​powers were gradually ceded to the EU in its founding quest for ever greater political union. Is it a coincidence that, over the same period, the reputation of this House suffered commensurate decline? As the power of this place to effect meaningful change in the lives of our constituents has diminished, so too has its reputation fallen. I believe that Brexit provides us with the opportunity to change all that. If the decision over Brexit has taught us anything, it is surely that this country does not like to be governed by bodies that it cannot vote out. The people took the lead away from the political class and taught us all a lesson, and actually, it was a lesson in democracy. That lesson has profoundly changed my political thinking. We have been re-taught that democratic accountability is needed in the decisions of state.

    That lesson does not just apply to international bodies. The European years also marked the proliferation of quangos, set up to be independent of politics in their delivery of key areas of national government. But what does independence mean? It means an organisation that is untrammelled by political pressures, and yet political pressure is the evidence of a democratic system at work. As we accelerate our already impressive response to the climate and environmental challenges that we face, we will be requiring huge changes to be made to the lives of all our constituents. Without the reform of quangos to bring them back within the structures of democratic government, I fear that we may be sowing the seeds of the next Brexit-style revolt when we can all least afford it.

    To be clear, I do not want to stymie our effective environmental and climate response. I want to do the opposite, but I invite the House to look forward. As our new and necessary policies begin to bite, with the huge changes to everyday life that they will entail, not everyone will be happy. The absence of democratic pressure valves in the implementation of policy will leave us all vulnerable to a demagogic backlash. If we do not bring the people with us through the implementation of our plans, it will be at our peril. Now is the time to learn the true lesson of Brexit, to embrace democracy once more throughout our national conversation and to restore true accountability to the people, in organisations that are trusted. Perhaps then the people will once more believe that they have the politicians they deserve.