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S.C.D.

Amendment Paper as at
Tuesday 10th February 2004

STANDING COMMITTEE D


EMPLOYMENT RELATIONS BILL

NOTE

The Amendments have been arranged in accordance with the Resolution of the Programming Sub-Committee [2nd February 2004].

RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE

The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following Resolution at its meeting on Monday 9the February (Sessional Order C relating to Programming):     That—   

    (1)   during the remaining proceedings on the Employment Relations Bill the Standing Committee do meet—

      (a) at half-past Nine o'clock on Tuesday 10th February 2004;

      (b) at half-past Nine o'clock and half-past Two o'clock on Tuesday 24th February 2004, Thursday 26th February 2004 and Tuesday 2nd March 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

SittingProceedingsTime for conclusion of proceedings
5thClauses 27 to 3011.25 am
6thClauses 31 to 42-
7thClauses 31 to 42-
8thClauses 31 to 4211.25 am
9thNew Clauses, New Schedules, Clauses 43 to 45, Schedules 1 and 2, remaining proceedings on the Bill-
10thNew Clauses, New Schedules, Clauses 43 to 45, Schedules 1 and 2, remaining proceedings on the Bill-
11thNew Clauses, New Schedules, Clauses 43 to 45, Schedules 1 and 2, remaining proceedings on the Bill6.55 pm

Mr Gerry Sutcliffe has given notice of his intention to make a motion in the terms of the Resolution of the Programming Sub-Committee [Sessional Order C relating to Programming].


   

Mr Henry Bellingham
Mr Jonathan Djanogly

48A

Clause     27,     page     25,     line     8,     leave out 'and'.

   

Mr Henry Bellingham
Mr Jonathan Djanogly

49A

Clause     27,     page     25,     line     9,     at end insert '; and

      (c) agrees to the worker's request'.

   

Mr Henry Bellingham
Mr Jonathan Djanogly

50

Clause     27,     page     25,     line     9,     at end insert '; and

      (c) if the worker is a member of a union, is a member of a recognised trade union'.

   

Mr Henry Bellingham
Mr Jonathan Djanogly

51

Clause     27,     page     25,     line     10,     after 'companion', insert ', at the worker's request,'.

   

Mr Henry Bellingham
Mr Jonathan Djanogly

52

Clause     27,     page     25,     leave out lines 14 and 15.

   

Mr Henry Bellingham
Mr Jonathan Djanogly

53

Clause     27,     page     25,     line     24,     at end add—

    '(2D)   Nothing in subsections (2A) to (2C) shall prevent the employer from questioning and receiving responses from the worker (whether or not the worker chooses to confer with his companion).'


   

Mr Henry Bellingham
Mr Jonathan Djanogly

54

Clause     30,     page     26,     line     32,     leave out subsection (4).


   

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

SittingProceedingsTime for conclusion of proceedings
1stClause 1, Clause 4, Clauses 2 and 3, Clauses 5 to 30
2ndClause 1, Clause 4, Clauses 2 and 3, Clauses 5 to 30
3rdClause 1, Clause 4, Clauses 2 and 3, Clauses 5 to 30
4thClause 1, Clause 4, Clauses 2 and 3, Clauses 5 to 30
5thClause 1, Clause 4, Clauses 2 and 3, Clauses 5 to 30
6thClause 1, Clause 4, Clauses 2 and 3, Clauses 5 to 305.30 pm
7thClauses 31 to 42
8thClauses 31 to 425.30 pm
9thNew Clauses, New Schedules, Clauses 43 to 45, Schedules 1 and 2, remaining proceedings on the Bill
10thNew Clauses, New Schedules, Clauses 43 to 45, Schedules 1 and 2, remaining proceedings on the Bill5.30 pm


 
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Prepared 10 Feb 2004