A new government department

• DOI: https://doi.org/10.13169/instemplrighj.3.1.0014
• Pages: 14-23
• Published date: 01 January 2020
• Date: 01 January 2020

A new government department

14

Introduction

The re-creation of a ‘Ministry of Labour’ was envisaged by The Manifesto for

Labour Law as an essential tool in bringing about the new architecture of the

law at work. Without the driving force of a dedicated government depart-

ment, these radical proposals cannot succeed. To be effective, the new

department must play a prominent role at the heart of government and be

led by a strong Secretary of State for Labour.

The Manifesto for Labour Law refers to the creation of a ‘Ministry of Labour’,

a proposal that has been widely adopted by others. A Ministry of Labour was

firstcreatedinthis countryin1916,6 before giving way to the Department of

Employment, and being abolished by the Thatcher government. In the British

constitutional system, little appears to hang on the name of a government

department. We have a Home Office, a Department for Work and Pensions

and a Ministry of Justice (performing work previously undertaken by the Lord

Chancellor’s Department).

We appreciate that the title of a department is ultimately a political matter, so

for the purposes of this document we adopt the neutral term ‘new government

department’ and leave it to government to decide whether it will be styled after

the Ministry of Labour or follow other countries with a Department of Labour, or

indeed a Ministry of Employment, or perhaps a Department of Work.

Functions

The proposed new department will be responsible for the implementation

of the radical revision of labour law proposed in these pages in conformity

with the UK’s international obligations, thereby newly creating fair, demo-

cratic and economically progressive and productive arrangements between

the UK’s workers and their employers.

Amongst other things this will include the following tasks:

a To roll out sectoral collective bargaining coverage at industry-wide

and at local level; to that end it will be responsible for the passage of

a Collective Bargaining Act which will provide the framework within

A new government department