House of Commons Hansard Debates for 17 Feb 1995

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Spain

A guide and annual report were requested by the Director of Documentation, Council of Social and Economic Affairs. Copies were provided.

France

General information was requested by a student. Copies of the commissioner's annual report and guide were sent together with a selection of Employment Department industrial relations leaflets. Greece

General information requested by a professor at

Athens--University. Copies of the guide and annual report were provided.

Information regarding the commissioner's travel costs is not held separately. The costs of domestic travel and subsistence for the Commissioner's office for the relevant years are as follows: 1993 94 £1,503.00 (August 1993--March 1994)

1994 95 £1,492.68 (to date)

Five staff provide support for both the Commissioner for the Rights of Trade Union Members and the Commissioner for Protection Against Unlawful Industrial Action. The pay and operational costs apportioned to the latter's office have been:

1993 94 (August 1993--March 1994)

Staff salaries: £19,151.00

Accommodation: £3,737.00

Fuel and Utilities: £1,454.00

1994 95 (to date)

Staff salaries: £33,309.00

Accommodation: £8,108.33

Fuel and Utilities: £1,585.33

Mr. McCartney: To ask the Secretary of State for Employment (1) what were the costs of all overseas and United Kingdom visits made by the Commissioner for the Rights of Trade Union Members for each year since 1989 broken down by individual country;

(2) if he will give a breakdown of the income received by the Commission for the Rights of Trade Union Members for each year since 1989;

(3) if he will list all United Kingdom visits and activities undertaken by the Commissioner for the Rights of Trade Union Members for each year since 1989;

(4) if he will list the costs of legal aid made available to complainants by the Commission for the Rights of Trade Union Members, broken down by (a) those involving arrangements for legal aid, (b) legal representation to complainants, (c) legal advice given to inquirers and (d) sundry costs associated with the cost of proceedings and preliminary activities associated with preparing for those proceedings for each year since 1989;

(5) of the inquiries and complaints made to the Commission for the Rights of Trade Union Members how many were from (a) trade union members, (b) executive members of companies or organisations and (c) non-executive members of companies or organisations, broken down by (i) managerial and professional grades and (ii) manual and non-manual workers for each year since 1989;

(6) how many cases were brought to the courts by the Commission for Rights of Trade Union Members for each year since 1989 broken down by (a) the number of cases lost and (b) the number of cases successfully brought by the commission on behalf of complainants for each year since 1989;

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(7) if he will list (a) the formal applications made to and (b) inquiries received by the Commission for the Rights of Trade Union Members for each year since 1989 broken down by category of applicant and inquirer;

(8) if he will list the legal, employment and industrial relations work experience of Gill Rowlands, prior to her appointment as Commissioner to the Commission for the Rights of Trade Union Members;

(9) if he will list (a) the salary costs of and (b) the number of hours worked by the Commissioner for the Rights of Trade Union Members for each year since 1989;

(10) if he will list those organisations in the private and public sectors who received a mailshot letter from the Commission for the Rights of Trade Union Members for (a) 1993 and (b) 1994; (11) if he will list all overseas visits and activities undertaken by the Commissioner for the Rights of Trade Union Members for each year since 1989;

(12) if he will list the conclusions contained in the evidence provided by the Commissioner for the Rights of Trade Union Members to Mr. Fujikawa from the University of Tokyo in respect of his research project on United Kingdom industrial relations conducted in 1994; (13) if he will place in the Library a copy of the papers delivered to (a) the International Conference of Labour lawyers at Lodz university and (b) the lecture given to Torun university in Poland in 1994 by the Commissioner for the Rights of Trade Union Members; (14) if he will list the requests from overseas countries for information regarding the role of the Commissioner for the Rights of Trade Union Members; and if he will give a summary of the information provided to these countries for each year since 1989;

(15) how many complainants who provided their own legal representatives or advisers were reimbursed by the Commission for Rights of Trade Union Members, broken down (a) by nature or category of complaint and (b) by category of company, organisation, or individuals, for each years since 1989;

(16) how many applications made to the Commission for the Rights of Trade Union Members were withdrawn for each year since 1989; (17) if he will list the cost of legal aid and legal advice made available to complainants paid for by the Commissioner for the Rights of Trade Union Members broken down by (a) nature of category of complaint and (b) category of complainant or inquirer for each year since 1989;

(18) how many (a) formal applications and (b) inquiries were received by the Commission for the Rights of Trade Union Members for each year since 1989;

(19) if he will give a breakdown of the nature of complaints made to the Commission for the Rights of Trade Union Members for each year since 1989;

(20) how many staff are employed by the Commission for the Rights of Trade Union Members; and what were (a) the direct and indirect pay costs and (b) the operating expenses associated with the provision of this service for each year since 1989.

Mr. Oppenheim [holding answers 15 February 1995]: There is no Commission for the Rights of Trade Union Members. The independent Commissioner for the Rights of Trade Union Members can provide material assistance

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to individuals contemplating or taking certain proceedings against trade unions, their officials or trustees.

Prior to her appointment, the present Commissioner, Mrs. Gill Rowlands, was chairman of the Liverpool and Manchester Industrial Tribunal from 1978 to 1988, and was for 12 years a justice of the peace on the Wirral bench. She read law at Kings college London, and was called to the Bar at Grays Inn in 1952.

The salary paid to the Commissioner has been as follows:

1989 90 £18,795.00

1990 91 £23,265.00 (12 month period)

1991 92 £31,174.00 (13 month period)

1992 93 £29,400.00

1993 94 £32,715.00

1994 95--£30,426.50 (to date)

The commissioner is contracted to work two days per week, seven and a half hours per day.

I understand from the Commissioner that the total travel and subsistence costs for herself and her staff have been as follows: 1989 90 £3,200.00 (all within the UK)

1990 91 £7,147.00 (all within the UK)

1991 92 £8,332.00 (all within the UK)

1992 93 £19,121.00 (all within the UK)

1993 94 £5,580.00 (UK and two visits to Poland)

1994 95 £6,052.80 (to date--all within the UK)

The total cost of the Commissioner's only overseas visits--to Poland on a lecture tour organised by Torun university and for a presentation to the International Conference of Labour Lawyers at Lodz university during 1993 94--was £1,265.00. The papers delivered by her on these visits will be placed in the Library.

Other than grant in aid from my Department, the Commissioner receives no "income" other than receipts representing the return of legal costs. These receipts, all of which have been returned to the Consolidated Fund, have been as follows:

1989 90 nil

1990 91 nil

1991 92 £32,477.00

1992 93 £5,462.00

1993 94 £35,643,00

1994 95 £4,427.04 (to date)

To list the Commissioner's visits and activities in the form requested would, in certain instances, breach the guarantee of confidentiality which the Commissioner provides to those who contact her. Visits within the UK have involved meetings with lawyers, Government Departments, trade union members and others, as well as presentations, speaking engagements and media interviews. The Commissioner is not involved in the provision of legal aid, nor does she offer legal advice to inquirers. The assistance made available to enable applicants to obtain legal advice and--if necessary--bring proceedings has been as follows:

1989 90 £17,893.00

1990 91 £75,803.00

1991 92 £85,588.00

1992 93 £193,265.00

1993 94 £93,763.00

1994 95 £108,002.00 (to date).

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No statistics about inquirers' background or status are available before 1991 92. Even then, a number of inquirers were not prepared to release information about themselves. The number who have identified themselves as trade union members is as follows:

1991 92 277

1992 93 237

1993 94 234

1994 95 190 (to date)

No further information is available about the status of inquirers.

While the Commissioner herself does not bring cases to court, proceedings brought with her assistance have been as follows:


         |Won by  |Lost by          

         |assisted|assisted         

         |person  |person           

------------------------------------

1988-89  |Nil     |Nil              

1989-90  |Nil     |2                

1990-91  |Nil     |Nil              

1991-92  |5       |Nil              

1992-93  |4       |1                

1993-94  |1       |Nil              

1994-95  |3       |<1>Nil           

Note:                               

The majority of complaints for      

which assistance was granted were   

settled without the need to bring   

cases to court.                     

<1> To date.

The subject matter of formal applications for the Commissioner's assistance has been as follows--where no figure is given, there were no relevant applications in the year concerned; complaints about breaches of certain union rules have been in scope of the Commissioner's assistance only since the 1990 91 year:

Union failure to ballot on industrial action

1988 89 1

1989 90 6

1990 91 1

1991 92 1

1992 93 1

1994 95 1 (to date)

Union failure to allow inspection of accounting records 1988 89 2

1989 90 6

1992 93 3

1993 94 2

1994 95 7 (to date)

Unlawful use of trade union property

1988 89 1

1989 90 1

1990 91 1

1991 92 3

1992 93 2

1993 94 1

Unlawful union expenditure on party political activities 1991 92 1

Union failure to comply with statutory duties for election to certain union offices

1988 89 7

1990 91 8

1991 92 9

1992 93 6

1993 94 3

1994 95 2 (to date)

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