Background
The Combinations of Workmen Act 1825(6 Geo. 4. c. 129) had limited worker collective bargaining to matters of working hours and wages, and suppressed the right to strike.
The Conservative Prime Minister, the Earl of Derby, set up a Royal Commission on Trade Unions in 1867. One worker representative was on the commission, Frederic Harrison, who prepared union witnesses. Robert Applegarth from the Amalgamated Society of Carpenters and Joiners was a union observer of the proceedings.
The majority report of the Commission was hostile to the idea of decriminalising trade unions. Frederic Harrison, Thomas Hughes and the Earl of Lichfield produced their own minority report, recommending the following changes in the law:
- Combinations of workers should not be liable for conspiracy unless it would be criminal if committed by a single person.
- The restraint of trade doctrine in common law should not apply to trade associations.
- All existing legislation applying to unions specifically should be repealed.
- All unions should receive full legal protection of their funds.
When William Ewart Gladstone's new government came to power, the Trade Union Congress campaigned for the minority report, made under the leadership of Sir William Erle, to be adopted. It was successful.
In its passage through Parliament, Mr Bruce introduced the first reading of the bill, quoting the Minority Report. [1]
Passage
Leave to bring in the Trade Unions Bill to the House of Commons was granted to the home secretary, Henry Bruce, the solicitor general, Sir George Jessel and George Shaw Lefevre 14 February 1871. [2] The bill had its first reading in the House of Commons on 14 February 1871, presented by George Glyn. [2] The bill had its second reading in the House of Commons on 14 March 1871 and was committed to a committee of the whole house, [2] which met on 28 March 1871 and 30 March 1871 and reported on 30 March 1871, with amendments, which included dividing the bill into two bills — the Trades Unions Bill and the Criminal Law Amendment (Masters and Workmen) Bill. [2] The amended Trade Unions Bill was considered on 4 April 1871 and had its third reading in the House of Commons on 18 April 1871 and passed, without amendments. [2]
The bill had its first reading in the House of Lords on 20 April 1871. [3] The bill had its second reading in the House of Lords on 1 May 1871 and was committed to a committee of the whole house, [3] which met and reported on 16 May 1871, with amendments. [3] The amended bill had its third reading in the House of Lords on 19 May 1871 and passed, with amendments. [3]
The amended bill was considered and agreed to by the House of Commons on 19 June 1871, with amendments. [2] The amended bill was considered and agreed to by the House of Lords on 20 June 1871. [3]
The bill was granted royal assent on 29 June 1871. [3]
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