Employment Rights (International Obligations) Bill

House of Commons

Session 1998-99
Internet Publications
Other Bills before Parliament
Arrangement of Clauses (Contents)

Employment Rights (International Obligations) Bill

A
B I L L
TO
Make provision for the implementation in the laws of the United Kingdom of the rights in employment which are established by certain international instruments ratified by the United Kingdom.
WHEREAS the right of every worker to be a member of a trade union for the protection of his or her interests and rights incidental thereto are fundamental human rights established by the United Nations Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the Conventions of the International Labour Organisation, the European Convention for the Protection of Human Rights and Fundamental Freedoms, and the Social Charter of the Council of Europe; and
WHEREAS the United Kingdom has ratified or adopted all the provisions of the aforesaid international obligations set out in the Schedule to this Act; and
WHEREAS the laws of the United Kingdom fail to implement or comply with all these provisions; and
WHEREAS 10th December 1998 marked the 50th anniversary of the adoption by the United Nations of the Universal Declaration of Human Rights; and 9th July 1998 marked the 50th anniversary of the adoption by the General Conference of the International Labour Organisation of of Convention No. 87; and 1st July 1999 marks the 50th anniversary of the adoption by the General Conference of the International Labour Organisation of Convention No. 98; and
WHEREAS it is time that these and the other aforesaid international obligations were given the force of law in the United Kingdom; and
WHEREAS globalisation of trade and production requires matching globalisation of labour laws and standards to protect workers from exploitation throughout the world and, in particular, in the United Kingdom; and
WHEREAS internationalism is of growing importance both to secure the rights of working people and to promote economic efficiency and economic stability and hence to encourage peace and prevent war:-
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Provisions to have the effect of law     1. - (1) The provisions set out in the Schedule to this Act (in this Act referred to as "the provisions") shall have effect as if each such provision was part of the laws of the United Kingdom and all the persons, bodies and entities referred to in the provisions shall have the rights, powers, duties and obligations therein provided for.

(2) The laws of the United Kingdom shall be so applied as to give effect to the provisions whether such laws be statutory or common law and any law of the United Kingdom which is incompatible with the provisions or any of them shall be disregarded to that extent.

(3) The Secretary of State may make and lay before Parliament regulations which shall have the effect of amending the laws of the United Kingdom so as to secure conformity and compliance with any of the provisions.

(4) Each of the provisions shall be construed-

(a) so as to give effect to the purpose of the international institution which adopted the relevant provision in so doing so far as the same may be discerned from the text of the instrument in which the relevant provision appears and from the travaux preparatoires in relation to the instrument in which the relevant provision appears;

(b) in conformity with any decisions of the supervisory body or bodies on which jurisdiction in relation to the relevant provision has been conferred by the international institution which adopted the provision.

Regulations     2. The power to make regulations under this Act shall be exercisable by statutory instrument.

Expenditure     3. There shall be paid out of money provided by Parliament-

(a) any increase attributable to this Act in the sums so payable under any other enactment;

(b) any expenditure incurred by a government department in consequence of this Act.

Short title     4. This Act may be cited as the Short title.Employment Rights (International Obligations) Act 1999.

© Parliamentary copyright 1999
Prepared 21 July 1999

Employment Rights (International Obligations) Bill

	A B I L L TO Make provision for the implementation in the laws of the United Kingdom of the rights in employment which are established by certain international instruments ratified by the United Kingdom. WHEREAS the right of every worker to be a member of a trade union for the protection of his or her interests and rights incidental thereto are fundamental human rights established by the United Nations Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the Conventions of the International Labour Organisation, the European Convention for the Protection of Human Rights and Fundamental Freedoms, and the Social Charter of the Council of Europe; and WHEREAS the United Kingdom has ratified or adopted all the provisions of the aforesaid international obligations set out in the Schedule to this Act; and WHEREAS the laws of the United Kingdom fail to implement or comply with all these provisions; and WHEREAS 10th December 1998 marked the 50th anniversary of the adoption by the United Nations of the Universal Declaration of Human Rights; and 9th July 1998 marked the 50th anniversary of the adoption by the General Conference of the International Labour Organisation of of Convention No. 87; and 1st July 1999 marks the 50th anniversary of the adoption by the General Conference of the International Labour Organisation of Convention No. 98; and WHEREAS it is time that these and the other aforesaid international obligations were given the force of law in the United Kingdom; and WHEREAS globalisation of trade and production requires matching globalisation of labour laws and standards to protect workers from exploitation throughout the world and, in particular, in the United Kingdom; and WHEREAS internationalism is of growing importance both to secure the rights of working people and to promote economic efficiency and economic stability and hence to encourage peace and prevent war:- BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
Provisions to have the effect of law	1. - (1) The provisions set out in the Schedule to this Act (in this Act referred to as "the provisions") shall have effect as if each such provision was part of the laws of the United Kingdom and all the persons, bodies and entities referred to in the provisions shall have the rights, powers, duties and obligations therein provided for.
	(2) The laws of the United Kingdom shall be so applied as to give effect to the provisions whether such laws be statutory or common law and any law of the United Kingdom which is incompatible with the provisions or any of them shall be disregarded to that extent.
	(3) The Secretary of State may make and lay before Parliament regulations which shall have the effect of amending the laws of the United Kingdom so as to secure conformity and compliance with any of the provisions.
	(4) Each of the provisions shall be construed-
	(a) so as to give effect to the purpose of the international institution which adopted the relevant provision in so doing so far as the same may be discerned from the text of the instrument in which the relevant provision appears and from the travaux preparatoires in relation to the instrument in which the relevant provision appears;
	(b) in conformity with any decisions of the supervisory body or bodies on which jurisdiction in relation to the relevant provision has been conferred by the international institution which adopted the provision.
Regulations	2. The power to make regulations under this Act shall be exercisable by statutory instrument.
Expenditure	3. There shall be paid out of money provided by Parliament-
	(a) any increase attributable to this Act in the sums so payable under any other enactment;
	(b) any expenditure incurred by a government department in consequence of this Act.
Short title	4. This Act may be cited as the Short title.Employment Rights (International Obligations) Act 1999.