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redundancy. But we would have to consult with employers and unions quite extensively about our main proposals on secondary picketing, the closed shop and ballots. As a result, the larger changes we wanted would not be in place in time for strikes which might occur that winter. Jim Prior was optimistic that if the TUC was properly handled — and he thought that he could handle the TUC — they would not reject our proposals outright. The CBI was also, as usual, opposed to any ‘precipitate’ action. In reply I pointed out that they would be the first people to complain if secondary picketing started again. I also made it clear that I thought that a bill must be published by November, if at all possible, and should reach its committee stage in the Commons before Christmas. I had a further discussion with Jim about tactics on the afternoon of Wednesday 6 June. Jim said that for purposes of negotiation his proposals to the TUC would go somewhat further than those in our manifesto, but I insisted that our final position should not be less than the manifesto — a significantly different emphasis.

Two weeks later Jim set out his proposals in a Cabinet paper. These were very similar to those which were ultimately contained in the 1980 Act. They covered three main areas: picketing, the closed shop and ballots. We planned to limit the specific immunities for picketing, given under the legislation of 1974 and 1976, strictly to those who were themselves party to the dispute and who were picketing at the premises of their own employer. Powers would be taken to issue a statutory code on picketing. Where there was a closed shop, we proposed to give employees who might be dismissed for refusing to join a union the right to apply to an industrial tribunal for compensation. There would be a legal right of complaint for those arbitrarily expelled or excluded from union membership. We would extend the present protection for employees who objected to joining a union because of deeply held personal conviction. A new closed shop could in future only be established if an overwhelming majority of workers voted for it by secret ballot. A statutory code relating to the closed shop would be drawn up. Finally, the Secretary of State for Employment would be given power to reimburse trade unions for the postal and administrative costs of secret ballots.

These early proposals were as notable for what they did not contain as for what they did. At this stage they did not extend to the question of secondary action other than secondary picketing, nor did they deal with the wider question of trade union immunities. In particular, they left alone the crucial immunity which prevented action being taken by the courts against union funds. On the first of these points — secondary action — we were awaiting the conclusions of the House of Lords in the important case of Express Newspapers v. MacShane.* It is worth noting that the changes we made in all these areas, including that of picketing, were changes in the civil, not the criminal, law. In public discussion of subsequent strikes this distinction was often lost. The civil law could only change the way in which unions behaved if employers or, in some cases, workers were prepared to use it. They had to bring the case. By contrast, the criminal law on picketing, which was clarified but not substantially altered in the years ahead, had to be enforced by the police and the courts. Although the Government would make it clear that the police enjoyed its moral support and would improve police equipment and training, the constitutional limits on us in this area were real and sometimes frustrating.

As the summer wore on, it became obvious that although the TUC was prepared to talk to the Government about our proposals, it had no intention of actually co-operating with them. On 25 June at their request I met the TUC General Council. I was depressed, but not a bit surprised, to discover that there was no willingness on their side to face economic facts or to try to understand the economic strategy we were pursuing. I told the