It seems that litigation is again likely -here is the evidence of the PCS to the Committee:
Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
In other words - Parliament can make laws in the public interest to deprive civil servants of their possessions - i.e.their pensions/redundancy rights. There will have to be a legal debate in Court about whether the most proportionate way is being deployed to achieve a legitimate public interest - and if the PCS will not negotiate - the Govt may well argue that they have no other choice but to forcibly legislate in the public interest of saving the nation from bankruptcy.
This is probably why the Minister (Criminal Barrister 1977-85) responsible replied to the PCS, in his evidence to the Committee, as follows:
The battle lines between Union and Tory are drawn again. Thankfully the battle will be in the court room rather than the streets.
POST SCRIPT - this Govt really is rushing through its legislation without proper consideration - by a majority of 63 - it had a motion passed last night which limits consideration of the Superannuation Bill to only 16th Sept in Committee and to only 7 hours thereafter in the House before it goes to the Lords. This is a Bill which has major implications for 1,000s of civil servants?
That the following provisions shall apply to the Superannuation Bill:
1. The Bill shall be committed to a Public Bill Committee.
Proceedings in Public Bill Committee
2. Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 16 September 2010.
3. The Public Bill Committee shall have leave to sit twice on the first day on which it meets.
Consideration and Third Reading
4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion three hours after the commencement of those proceedings.
5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion four hours after the commencement of proceedings on consideration.
6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading. - (Jeremy Wright.)
The House divided: Ayes 307, Noes 244.