S.C.E.
Amendment Paper as at
Thursday 4th March 1999
STANDING COMMITTEE E
EMPLOYMENT RELATIONS BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [2nd March], as follows:
Clauses 17 to 26, Schedule 4, Clause 15, Clause 1, Schedule 1, Clause 2, Schedule 2, Clauses 3 to 7, Clause 16, Clauses 27 to 35, Schedule 5, Clauses 36 to 38, new Clauses, new Schedules.
Mr Tim Boswell
Mr Tim Collins
129
Clause 22, page 13, line 29, after 'members', insert 'nominated by ACAS'.
Mr David Chidgey
Mr Brian Cotter
123
Clause 22, page 13, line 31, leave out 'Secretary of State', and insert 'Central Arbitration Committee'.
Mr David Chidgey
Mr Brian Cotter
124
Clause 22, page 13, line 36, leave out 'and'.
Mr David Chidgey
Mr Brian Cotter
125
Clause 22, page 13, line 37, at end insert, 'and some who are independent.'.
Mr Tim Boswell
Mr Tim Collins
130
Clause 22, page 13, line 39, at end add 'seeming to him to represent the interests of small employers'.
Mr Tim Boswell
Mr Tim Collins
131
Clause 22, page 13, line 39, at end add—
'(3B) A register shall be drawn up of the interests of members of the panel for the time being.".'.
Mr David Chidgey
Mr Brian Cotter
126
Clause 23, page 14, line 10, leave out 'three' and insert 'four'.
Mr David Chidgey
Mr Brian Cotter
127
Clause 23, page 14, line 17, at end insert—
'(d) a member of the Committee who is independent'.
Mr Tim Boswell
Mr Tim Collins
132
Clause 23, page 14, line 20, after 'chairman', insert 'and with the consent of the Chairman of the Committee or his deputy.'.
Mr Tim Boswell
Mr Tim Collins
133
Clause 23, page 14, line 23, leave out from 'it' to end of line 24 and insert 'the Chairman shall decide the matter acting with full powers of an umpire or, in Scotland, an oversman.'.
Mr David Chidgey
Mr Brian Cotter
128
Clause 23, page 14, line 24, at end insert—
'(5A) In the event that a vote of the panel is tied, the Chairman of the panel shall have a casting vote.'.
Mr Tim Boswell
Mr Tim Collins
134
Clause 23, page 14, line 31, at end add—
'(5) There shall be inserted after section 265—
"(265A) The Committee may from time to time issue public guidance on the basis on which it will approach the criteria for making decisions on the statutory trade union recognition and derecognition scheme.".'.
Mr Tim Boswell
Mr Tim Collins
141
Page 14, line 32, leave out Clause 24.
Mr Tim Boswell
Mr Tim Collins
135
Clause 25, page 14, line 38, at end insert—
'Provided that the Commissioners described above shall have the right to conclude any cases currently under consideration or brought to their attention before the implementation of this Act, and that the Certification Officer shall have the duty to consider such cases thereafter.'.
Mr Tim Boswell
Mr Tim Collins
136
Schedule 4, page 59, line 2, after second 'member', insert 'in good standing'.
Mr Tim Boswell
Mr Tim Collins
137
Schedule 4, page 60, line 8, at end insert 'or any similar or related failure'.
Mr Tim Boswell
Mr Tim Collins
138
Schedule 4, page 60, line 11, at end insert 'or any similar or related failure'.
Mr Tim Boswell
Mr Tim Collins
139
Schedule 4, page 64, line 42, at end insert—
'(9) Any appeal against such an order made by the Certification Officer under this section on a matter of law shall lie to the Employment Appeal Tribunal.'.
Mr Tim Boswell
Mr Tim Collins
140
Schedule 4, page 66, line 38, after 'breach', insert 'within a reasonable time'.
Mr Tim Boswell
Mr Tim Collins
106
Clause 15, page 9, line 19, after 'agreement', insert 'which is legally binding'.
Mr Ian McCartney
119
Page 8, line 37, leave out Clause 15.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
1
Page 1, line 6, leave out Clause 1.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
3
Schedule 1, page 20, line 14, leave out '(or trade unions)'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
4
Schedule 1, page 20, line 22, after second 'employer', insert '(or employers)'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
5
Schedule 1, page 20, leave out lines 27 to 29.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
6
Schedule 1, page 20, line 35, after 'employer', insert '(or employers)'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
7
Schedule 1, page 20, line 42, at end insert 'and if it ceases to be independent at any future time when recognised under this Schedule, its recognition shall be automatically voided'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
8
Schedule 1, page 21, line 1, leave out ', taken with any associated employer or employers,'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
9
Schedule 1, page 21, line 2, leave out '21' and insert '51'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
10
Schedule 1, page 21, line 2, leave out from 'made' to end of line 3.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
11
Schedule 1, page 21, line 41, leave out '10' and insert '20'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
12
Schedule 1, page 22, line 24, leave out '10' and insert '20'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
13
Schedule 1, page 22, line 29, leave out '10' and insert '20'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
14
Schedule 1, page 23, line 11, after 'small', insert 'or'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
15
Schedule 1, page 23, line 35, after 'are', insert 'fully paid up'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
16
Schedule 1, page 23, line 35, at end insert 'and that their membership has not lapsed owing to resignation, disqualification or the non-payment of dues'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
17
Schedule 1, page 23, line 47, leave out 'significant'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
18
Schedule 1, page 24, leave out line 30.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
19
Schedule 1, page 24, leave out line 32.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
20
Schedule 1, page 24, leave out lines 33 to 38.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
21
Schedule 1, page 24, line 35, leave out from 'malpractice' to end of line 36.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
22
Schedule 1, page 25, leave out lines 4 to 7.
Mr Graham Brady
Mr John Bercow
104
Schedule 1, page 25, line 9, at end insert 'unless he can demonstrate that to do so would conflict with his religious beliefs.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
23
Schedule 1, page 25, line 10, leave out 'generally'.
Mr Graham Brady
Mr John Bercow
105
Schedule 1, page 25, line 44, after '17', insert 'except for reasons of religious conscience'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
24
Schedule 1, page 25, line 46, leave out from 'order' to end of line 48.
