S.C.D.
Amendment Paper as at
Tuesday 24th February 2004
STANDING COMMITTEE D
EMPLOYMENT RELATIONS BILL
NOTE
The Amendments have been arranged in accordance with the Orders of the Committee [3rd and 10th February 2004].
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
Information and consultation: Northern Ireland
Mr Gerry Sutcliffe
NC4A
To move the following Clause:—
'(1) The Department for Employment and Learning may make regulations for the purpose of conferring on employees of an employer to whom the regulations apply, or on representatives of those employees, rights—
| (a) | to be informed by the employer about prescribed matters; |
| (b) | to be consulted by the employer about prescribed matters. |
(2) Regulations made under subsection (1) must make provision as to the employers to whom the regulations apply which may include provision—
| (a) | applying the regulations by reference to factors including the number of employees in the United Kingdom in the employer's undertaking; |
| (b) | as to the method by which the number of employees in an employer's undertaking is to be calculated; and |
| (c) | applying the regulations to different descriptions of employer with effect from different dates. |
(3) Regulations made under subsection (1) may make provision—
| (a) | as to the circumstances in which the rights mentioned in subsection (1) arise and the extent of those rights; |
| (b) | for and about the initiation and conduct of negotiations between employers to whom the regulations apply and their employees for the purposes of reaching an agreement satisfying prescribed conditions about the provision of information to the employees, and consultation of them (whether that provision or consultation is to be direct or through representatives); |
| (c) | about the representatives the employees may have for the purposes of the regulations and the method by which those representatives are to be selected; |
| (d) | as to the resolution of disputes and the enforcement of obligations imposed by the regulations or by an agreement of the kind mentioned in paragraph (b). |
(4) Regulations made under subsection (1) may—
| (a) | confer jurisdiction (including exclusive jurisdiction) on industrial tribunals and on the High Court; |
| (b) | confer functions on the Industrial Court; |
| (c) | require or authorise the holding of ballots; |
| (d) | amend, apply with or without modifications, or make provision similar to any provision of— |
| (i) | the Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992/807 (N.I. 5)); |
| (ii) | the Trade Union and Labour Relations (Northern Ireland) Order 1995 (S.I. 1995/1980 (N.I. 12)); |
| (iii) | the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)) (including, in particular, Parts 6, 11 and 15); or |
| (iv) | the Industrial Tribunals (Northern Ireland) Order 1996 (S.I. 1996/1921 (N.I. 18)); |
| (e) | include supplemental, incidental, consequential and transitional provision, including provision amending any enactment; |
| (f) | make different provision for different cases or circumstances. |
(5) Regulations made under subsection (1) may make any provision which appears to the Department for Employment and Learning to be necessary or expedient—
| (a) | for the purpose of implementing Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community; |
| (b) | for the purpose of dealing with any matter arising out of or related to the United Kingdom's obligations under that Directive. |
(6) Nothing in subsections (2) to (5) prejudices the generality of this section.
(7) Power to make regulations under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(8) No regulations under this section may be made unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly.
(9) In this section—
| (a) | a provision of an Act; |
| (b) | a provision of, or of any instrument made under, Northern Ireland legislation; and |
| (c) | a provision of subordinate legislation; |
| | "the Industrial Court" means the Industrial Court constituted under Article 91 of the Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992/807 (N.I. 5)); |
| | "industrial tribunals" has the meaning given by section 42(5) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)); and |
| | "prescribed" means prescribed by regulations under this section.'. |
Provision of money for trade union modernisation
Mr Gerry Sutcliffe
NC5
To move the following Clause:—
'(1) Before section 117 of the 1992 Act (and before the cross-heading immediately preceding that section) insert—
"Union modernisation
116A Provision of money for union modernisation (1) The Secretary of State may provide money to a trade union to enable or assist it to do any or all of the following—
| (a) | improve the carrying out of any of its existing functions; |
| (b) | prepare to carry out any new function; |
| (c) | increase the range of services it offers to persons who are or may become members of it; |
| (d) | prepare for an amalgamation or the transfer of any or all of its engagements; |
| (e) | ballot its members (whether as a result of a requirement imposed by this Act or otherwise). |
(2) No money shall be provided to a trade union under this section unless at the time when the money is provided the union has a certificate of independence.
(3) Money may be provided in such a way as the Secretary of State thinks fit (whether as grants or otherwise) and on such terms as he thinks fit (whether as to repayment or otherwise)."
(2) In section 118 of that Act (federated trade unions), after subsection (7) add—
"(8) In the application of section 116A to a federated trade union, subsection (2) of that section shall be omitted." '.
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.".'. |
Mr Gerry Sutcliffe
55
Clause 44, page 36, line 27, after 'sections' insert '(Information and consultation: Northern Ireland),'.
Mr Gerry Sutcliffe
56
Clause 45, page 36, line 34, after '31,' insert '(Information and consultation: Northern Ireland),'.
Mr Gerry Sutcliffe
57
Clause 45, page 37, line 9, leave out 'Section 44 extends' and insert 'Sections (Information and consultation: Northern Ireland) and 44 extend'.
