S.C.D.
Amendment Paper as at
Thursday 5th February 2004
STANDING COMMITTEE D
New Amendments handed in are marked thus *
EMPLOYMENT RELATIONS BILL
NOTE
The Amendments have been arranged in accordance with the Resolution of the Programming Sub-Committee [2nd February 2004].
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Peter Atkinson
37
Clause 17, page 16, line 19, leave out subsection (3).
Mr Henry Bellingham
Mr Jonathan Djanogly
8
Clause 17, page 16, line 42, leave out 'or employee' and insert ', employee, branch or section'.
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Peter Atkinson
38
Clause 20, page 17, line 38, leave out paragraph (a).
Mr Henry Bellingham
Mr Jonathan Djanogly
9
Clause 20, page 18, line 21, leave out 'or employee' and insert ', employee, branch or section'.
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Peter Atkinson
39
Clause 23, page 19, line 30, leave out 'or main'.
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Peter Atkinson
40
Clause 23, page 20, line 28, leave out 'or main'.
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Peter Atkinson
41
Clause 23, page 20, line 40, at end insert—
'(6) It shall be a defence for the employer if the worker has asked for an inducement not to be a member of a trade union or to take part in its activities.'.
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Peter Atkinson
42
Clause 23, page 20, line 44, leave out 'three months' and insert '30 days'.
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Peter Atkinson
43
Clause 23, page 21, leave out lines 6 to 9.
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Peter Atkinson
44
Clause 23, page 21, line 17, leave out 'or main'.
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Peter Atkinson
45
Clause 23, page 21, line 35, after 'be', insert 'up to a maximum of'.
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Peter Atkinson
46
Clause 23, page 22, line 2, at end insert—
'(5A) Employers shall have the right to appeal against any decision by an employment tribunal to the employment appeals tribunal.'.
Mr Henry Bellingham
Mr Jonathan Djanogly
10
Clause 24, page 22, line 29, leave out subsection (2).
Mr Henry Bellingham
Mr Jonathan Djanogly
11
Clause 24, page 22, line 32, leave out subsection (3).
Mr Henry Bellingham
Mr Jonathan Djanogly
12
Clause 24, page 23, line 1, leave out subsection (7).
Mr Henry Bellingham
Mr Jonathan Djanogly
13
Clause 25, page 23, line 11, leave out 'or deterring' and insert 'him or taking action so as unreasonably to deter'.
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Peter Atkinson
47
Clause 25, page 23, leave out lines 30 to 37.
Malcolm Bruce
Brian Cotter
49
*Clause 31, page 27, line 1, at end insert—
'(1A) The Secretary of State shall consult such persons as he considers appropriate on the establishment of works councils as an arrangement suitable for informing and consulting employees and shall publish the responses received pursuant to those consultations before making the regulations referred to in subsection (1).'.
Malcolm Bruce
Brian Cotter
48
*Clause 31, page 27, line 42, at end insert—
| '(aa) | for the purpose of adopting the provisions necessary to comply with that Directive not later than 23rd March 2005 or ensuring that management and labour introduce by that date the required provisions and guarantee the results imposed by the Directive at all times;'. |
NEW CLAUSES
Intimidation
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Peter Atkinson
NC1
To move the following Clause:—
'After paragraph 51 of Schedule A1 to the 1992 Act insert—
"Intimidation
| 51A | If during the union recognition procedure a union uses undue force or intimidating measures to get recognition then the CAC shall have the right to investigate this at the request of the employer or any worker and if such measures are found to have been used the CAC shall terminate the recognition procedure immediately.".'. |
Appeals
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Peter Atkinson
NC2
To move the following Clause:—
'After paragraph 171 of Schedule A1 to the 1992 Act insert—
"Appeals
171A Any of a union or a company or a relevant worker may appeal against any decision of the CAC to the High Court.".'.
Religious belief
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Peter Atkinson
NC3
To move the following Clause:—
'After paragraph 171 of Schedule A1 to the 1992 Act insert—
"Religious belief
171A This Schedule shall not apply to any employer who, in the opinion of the CAC, objects on grounds of religious belief to taking part in collective bargaining.".'.
Unofficial industrial action
Malcolm Bruce
Brian Cotter
NC4
*To move the following Clause:—
'(1) Section 237 of the 1992 Act (dismissal of those taking part in unofficial industrial action) is amended as follows.
(2) After subsection (2) there is inserted—
| "(2A) | The Secretary of State shall make appropriate arrangements for the provision of penalties to be incurred by an employee who takes part in an unofficial strike or other unofficial action when a member of a trade union and the trade union when it is considered not to have acted in a manner appropriate to the discouragement of the unofficial strike or action. |
| (2B) | The Secretary of State shall consult such persons as he considers appropriate on the form penalties will take and shall publish the responses received pursuant to those consultations.".'. |
ORDER OF THE HOUSE [14TH JANUARY 2004]
That the following provisions shall apply to the Employment Relations Bill:
Committal
1. The Bill shall be committed to a Standing Committee.
Proceedings in Standing Committee
2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on 26th February 2004.
3. The Standing 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 one hour before the moment of interruption on the day on which those proceedings are commenced.
5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the day on which proceedings on consideration are commenced.
6. Sessional Order B (programming committees) made by the House on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.
Other proceedings
7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.
ORDER OF THE COMMITTEE [3rd FEBRUARY 2004]
That—
(1) during proceedings on the Employment Relations Bill (in addition to its first meeting at half-past Nine o'clock on Tuesday 3rd February 2004) the Standing Committee do meet—
| (a) | at half-past Two o'clock on Tuesday 3rd February 2004; |
| (b) | at half-past Nine o'clock and half-past Two o'clock on each of the following days, namely, Thursday 5th February 2004, Tuesday 10th February 2004, Tuesday 24th February 2004 and Thursday 26th February 2004. |
(2) the proceedings to be taken on the sittings shall be as shown in the second column of the Table below and shall be taken in the order so shown;
(3) the proceedings which under paragraph (2) are to be taken on any sitting shall (so far as not previously concluded) be brought to a conclusion at the time indicated in the Table;
(4) paragraph (2) does not prevent proceedings being taken (in the order shown in the second column of the Table) at any earlier sitting than that provided for under paragraph (2) if previous proceedings have already been concluded.
TABLE
| Sitting | Proceedings | Time for conclusion of proceedings |
| 1st | Clause 1, Clause 4, Clauses 2 and 3, Clauses 5 to 30 | — |
| 2nd | Clause 1, Clause 4, Clauses 2 and 3, Clauses 5 to 30 |
| 3rd | Clause 1, Clause 4, Clauses 2 and 3, Clauses 5 to 30 | — |
| 4th | Clause 1, Clause 4, Clauses 2 and 3, Clauses 5 to 30 | — |
| 5th | Clause 1, Clause 4, Clauses 2 and 3, Clauses 5 to 30 | — |
| 6th | Clause 1, Clause 4, Clauses 2 and 3, Clauses 5 to 30 | 5.30 pm |
| 7th | Clauses 31 to 42 | — |
| 8th | Clauses 31 to 42 | 5.30 pm |
| 9th | New Clauses, New Schedules, Clauses 43 to 45, Schedules 1 and 2, remaining proceedings on the Bill | — |
| 10th | New Clauses, New Schedules, Clauses 43 to 45, Schedules 1 and 2, remaining proceedings on the Bill | 5.30 pm |
