Employment Bill [Lords]

We are at one about that, but I do not know whether the hon. Gentleman's definition of refinement and mine are the same. There are serious doubts about whether the Bill as it stands achieves what we all support—compatibility with the European Court's decision, and unions' ability to expel fascists from their organisation. However, the serious concerns apply not only to the measure's overall structure but more narrowly to the belt and braces of the clause. As I said to my hon. Friend the Member for Hendon, there is a genuine question about what ““objectives”” mean and how the word is interpreted. He shakes his head, and he may want to comment further when he makes a speech, but the point has been made by reputable members of his profession. Although I accept the injunction of my right hon. Friend the Member for Makerfield not to take seriously questions between lawyers, it is important that we know what we are talking about when considering clause 19. There are concerns about the Bill's rigidity and inflexibility, especially the provision to protect those who are excluded—not expelled—from joining, which would not apply to any other organisation. The European Court of Human Rights did not ask for a would-be member of a union who was turned down because of membership of a fascist organisation to be given a hearing about the reason for the refusal. That is unlike anything that would happen in other organisations. If the Conservative party decided not to accept someone, it would not hold a hearing to determine whether that was right and proper. Clause 19 also uses the words, ““exceptional hardship””. We know what exceptional hardship means for someone who loses a job—that concept is clearly understood. However, exceptional hardship for being refused membership of a union is not well defined. We do not know how a court would define it. That creates ambiguity for any union that tries to use clause 19, yet we have been told that the provision is straightforward. Will the ambiguity mean that unions would not use the provision, and therefore not have the power that we want to give them? If they used the provision, would they risk being taken before a tribunal? Why does the Bill use the same terms as those that relate specifically to somebody losing a job? Under existing law, which the Government introduced, it is illegal for an employer to sack somebody for non-membership of a trade union. We got rid of the closed shop many years ago in 1992. The reason for such protection is therefore not obvious. I also wish to ask about the amount of compensation. The sum of £6,900 for someone who manages to find a technical fault in the process whereby a union excludes or expels is a heavy penalty for the union, and brings us back to the British nationalists' advice to their members: ““If you're not a member of a union, then join.”” Those who look to be thrown out to get a big five-figure pay-out should make it known to the local union that they are BNP members. The BNP clearly perceives such legislation as a cash cow that can fund the party.