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'of bargaining arrangements under Part IV, V or VI of this Schedule'
and insert
No. 172, in page 52, line 33, leave out
and insert
No. 173, in page 54, line 17, leave out 'Part I of'.
No. 174, in page 54, line 19, leave out 'Part I of'.
No. 175, in page 54, line 20, leave out
and insert
No. 176, in page 54, line 22, leave out
and insert
'under this Schedule of bargaining arrangements'.
'of bargaining arrangements under Part IV, V or VI of this Schedule'
'under this Schedule of bargaining arrangements'.
'of bargaining arrangements under Part IV, V or VI of this Schedule'
'under this Schedule of bargaining arrangements'.
'of bargaining arrangements under Part IV, V or VI of this Schedule'
'under this Schedule of bargaining arrangements'.--[Mr. Pope.]
Amendments made: No. 154, in page 71, line 49, leave out from 'shall' to second 'the' in line 50 and insert '--
(a) make such enquiries as he thinks fit, and
(b) give the applicant and the trade union an opportunity to be heard.
(2AA) Where'.
No. 155, in page 72, line 13, at end insert--
'(3A) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination of the application notwithstanding that the information has not been furnished to him by the specified date.'
No. 156, in page 72, line 25, at end insert--
'(1A) In subsection (2) (Certification Officer's powers and duties) insert before paragraph (a)--
"(aa) shall make such enquiries as he thinks fit,".
No. 157, in page 73, line 6, at end insert--
'(6A) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination of the application notwithstanding that the information has not been furnished to him by the specified date.'
No. 164, in page 73, line 15, leave out 'this Chapter' and insert
'section 25, 31 or 45C'.
No. 158, in page 75, line 11, at end insert--
'(5A) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination of the application notwithstanding that the information has not been furnished to him by the specified date.'
No. 159, in page 76, line 44, at end insert--
16A.--(1) Section 82 (rules as to political fund) shall be amended as follows.
(2) After subsection (2) insert--
"(2A) On a complaint being made to him the Certification Officer shall make such enquiries as he thinks fit."
(3) After subsection (3) insert--
"(3A) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination of the application notwithstanding that the information has not been furnished to him by the specified date." '
No. 160, in page 76, line 46, leave out from beginning to end of line 47 and insert--
'Section 103 (complaints about procedure relating to amalgamation or transfer of engagements) shall be amended as follows.
(2) After subsection (2) insert--
"(2A) On a complaint being made to him the Certification Officer shall make such enquiries as he thinks fit."
(3) After subsection (5) insert--
"(5A) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination of the application notwithstanding that the information has not been furnished to him by the specified date.'
No. 60, in page 77, line 15, leave out '(5)' and insert '(5A)'.
No. 62, in page 77, line 24, leave out 'conference or other body' and insert 'decision-making meeting'.
No. 61, in page 77, line 33, leave out subsection (5) and insert--
'(5) An application must be made--
(a) within the period of six months starting with the day on which the breach or threatened breach is alleged to have taken place, or
(b) if within that period any internal complaints procedure of the union is invoked to resolve the claim, within the period of six months starting with the earlier of the days specified in subsection (5A).
(5A) Those days are--
(a) the day on which the procedure is concluded, and
(b) the last day of the period of one year beginning with the day on which the procedure is invoked.'
No. 63, in page 78, line 1, leave out subsection (8) and insert--
'(8) For the purposes of subsection (2)(d) a committee is an executive committee if--
(a) it is a committee of the union concerned and has power to make executive decisions on behalf of the union or on behalf of a constituent body,
(b) it is a committee of a major constituent body and has power to make executive decisions on behalf of that body, or
(c) it is a sub-committee of a committee falling within paragraph (a) or (b).
(8A) For the purposes of subsection (2)(d) a decision-making meeting is--
(a) a meeting of members of the union concerned (or the representatives of such members) which has power to make a decision on any matter which, under the rules of the union, is final as regards the union or which, under the rules of the union or a constituent body, is final as regards that body, or
(b) a meeting of members of a major constituent body (or the representatives of such members) which has power to make a decision on any matter which, under the rules of the union or the body, is final as regards that body.
(8B) For the purposes of subsections (8) and (8A), in relation to the trade union concerned--
(a) a constituent body is any body which forms part of the union, including a branch, group, section or region;
(b) a major constituent body is such a body which has more than 1,000 members.'
No. 161, in page 78, line 35, at end insert--
'(aa) shall make such enquiries as he thinks fit,'.
No. 162, in page 79, line 3, at end insert--
'(4A) Where the Certification Officer requests a person to furnish information to him in connection with enquiries made by him under this section, he shall specify the date by which that information is to be furnished and, unless he considers that it would be inappropriate to do so, shall proceed with his determination of the application notwithstanding that the information has not been furnished to him by the specified date.'
No. 163, in page 79, line 47, leave out '(6)' and insert '(2A) and (5A)'.--[Mr. Pope.]
Amendments made: No. 52, in page 80, line 16, at end insert--
| Chapter | Short title | Extent of repeal | |
| 1992 c. 52. | Trade Union and Labour Relations (Consolidation) Act 1992. | In section 226(2) the word "and" at the end of paragraph (b). | Section 227(2). |
| In section 234A(7)(a) the words "otherwise than to enable the union to comply with a court order or an undertaking given to a court".'. |
No. 64, in page 81, leave out lines 27 and 28.
No. 56, in page 82, leave out lines 13 and 14.
No. 65, in page 85, line 23, at end insert--
| Chapter | Short title | Extent of repeal |
| 1996 c. 18. | Employment Rights Act 1996. | In section 112(4), the words "or in accordance with regulations under section 127B". |
| In section 117(2) and (3), the words "and to regulations under section 127B". | ||
| In section 118(1), the words "Subject to regulations under section 127B,". | ||
| Section 127B. | ||
| 1998 c. 23. | Public Interest Disclosure Act 1998. | Section 8. |
| Section 18(4)(b).' | ||
| --[Mr. Pope.] |
Order for Third Reading read.
9.41 pm
Mr. Byers: I beg to move, That the Bill be now read the Third time.
It is an historic occasion. I am delighted that I will joined shortly by the Minister of State, Department of Trade and Industry, my right hon. Friend the Member for Makerfield (Mr. McCartney), who has been absent from illness.
The Bill establishes and fosters a new culture in the workplace, removing the outdated notion of conflict between employers and employees with a sense of new partnership--a partnership of rights matched by responsibilities. It will address the fundamental imbalance in the workplace that we inherited from the Conservative party.
Now more than ever, we need to foster a new culture in the workplace. The world is dramatically changing and the workplace has changed with it. More people are working part-time and on temporary contracts. More women than ever are working. More families depend on two earners. Those new working patterns put new responsibilities on Government, business and employees.
We want people to be partners in change, not the victims of that change. That places a responsibility on Government to ensure minimum standards of fairness and treatment for all in society and in the workplace. That places a responsibility on business to ensure that the task of making a reality of the flexible labour market does not fall solely and exclusively on working people, and a responsibility on employees to demonstrate loyalty and commitment to their employer.
The Bill will do three things: it will promote family-friendly policies; promote a new culture of partnership in the workplace; and ensure equal and fair treatment for all in the workplace, regardless of whether they work full or part-time, for a single employer, or through an agency. Those are all sensible and achievable goals. It is a matter of great regret that the Opposition will not support them.
We are just a little over two hours away from the introduction for the first time in this country of a national minimum wage, which will benefit 2 million of our fellow citizens by taking them out of poverty pay, and ensuring that they will not be exploited. Two million people will benefit from the National Minimum Wage Act 1998, but even more people will benefit from the Employment Relations Bill.
About 135,000 mothers will benefit from our improved maternity provisions. The 1 million people who work through employment agencies will have greater protection. Some 3.3 million people will benefit from our parental leave proposals. More than 6.5 million part-timers will be protected from discrimination.
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