Perhaps I may attempt to lower the temperature slightly. There was certainly no intention of being peremptory, particularly with the short response that I gave on the previous group of amendments. I can only say that, if it would be helpful, I would be more than happy to write to the noble Lord and indeed to the noble Lord, Lord Monks, with some further details on that reply, which I took as read as being rather short. There was absolutely no intention of dismissing it, if that was implicit in the noble Lord’s reply.
As for the questions that the noble Lord, Lord Stevenson, has raised during the debate today, which I much enjoyed, I have already pledged to write to him to answer any questions that he has raised. Indeed, he has raised quite a few, so I hope he will accept the fact that I write letters and like to get into the detail. The very least I can do is answer the questions clearly and fully, and also address some of the concerns of the noble Lord, Lord Monks. I hope that that is very clear to the House today.
8.45 pm
I shall now respond to Amendments 155 and 156, which seem intended to make it explicit that before the certification officer may make a declaration that a trade union is not complying with its duties in relation to the membership register, the trade union must know the reasons why. The amendments also require the certification officer to disclose an inspector’s report to the union. This is so that the union can make effective representations on the case against it before the certification officer makes any decision. I am happy to reassure noble Lords that this is already covered by current law and what is in this Bill. A union will have the opportunity to present its case in written representations to the certification officer before a declaration is made. The certification officer may also allow the union to make oral representations.
Unions, like other bodies, are entitled to a fair and public hearing, within a reasonable time, by an independent and impartial tribunal. This is required by Article 6(1) of the European Convention on Human Rights, and is met in the Bill’s enforcement provisions. In practice, a union may have several chances to reply to any allegations and put forward a defence. Any inspector appointed is likely to make a series of inquiries, which will include dealing with the union directly, before providing a report to the certification officer. If the inspector’s report suggests that there is evidence of a problem, the union still has a formal opportunity to present its case before any declaration is made. The union would not be able to do this without seeing the evidence, including relevant sections of the inspector’s report. So this is the practical effect of what is already in the Bill.
Finally, the union can appeal decisions of the certification officer to the Employment Appeal Tribunal. I am confident that the current provisions give unions
plenty of opportunities to put forward a defence before any declaration is issued, and I hope that the noble Lord will withdraw his amendment.