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7.45 pm
We intend to consult in detail on sanctions. Consultation is the whole basis of this and previous Bills. We have a good reputation with employers and trade unions in terms of taking that approach. I accept that there is a fear that we have not gone through the full process, but we have tried to do so on all these matters. We propose adopting a structure that is very similar to that already in place for breaches of a union's access duties. Where the CAC finds that a complaint is well-founded, it will be able to issue an order against the guilty party that they should desist from the unfair practice in question and take steps to remedy the harm done. For example, they may be ordered to repudiate an earlier statement or to restore to a worker any loss incurred through a detriment. Once the CAC has issued a remedial order, if that party subsequently breaches the remedial order or commits another unfair practice, the CAC can issue a second sanction. If the employer is at fault, that second sanction, as for access, will be that the union is automatically recognised. If the union is at fault, the sanction will be that the union's application fails that is the same sort of sanction that applies for other detriments. I believe that we are acting in a proper and responsible manner in relation to those few times when intimidation takes place.
My hon. Friend the Member for Aberdeen, Central (Mr. Doran) asked us to go further of course, we keep such matters under review but generally welcomed our proposals. My hon. Friend the Member for Hamilton, South asked for the evidence on either side, and I hope that I explained what is being achieved.
The performance of the hon. Member for Huntingdon (Mr. Djanogly) is ever consistent in that in most cases, unfortunately, he sees only one side of the argument. New clause 2 is not balanced it applies only to the employer side, and even it is weak in terms of the definition of available sanctions.
Hon. Members will be aware that the Joint Committee scrutinises statutory instruments. I will try to give as much notice as possible in that respect, as I have throughout the passage of the Bill. I hope that hon. Members accept my assurances that when they are available they will have the opportunity to look at them.
This has been a good debate. Intimidation is wrong in whatever form it appears. The new clauses represent a balanced set of measures that meet the requirement of telling employers or unions who want to use underhand tactics that that is inappropriate. I commend the new clauses to the House.
Clause read a Second time, and added to the Bill.
New Clause 6
Unfair Practices in Relation to Recognition Ballots
After paragraph 27 of Schedule A1 to the 1992 Act insert
"27A (1) Each of the parties informed by the CAC under paragraph 25(9) must refrain from using any unfair practice.
(2) A party uses an unfair practice if, with a view to influencing the result of the ballot, the party
(a) offers anything to a worker entitled to vote in the ballot in return for the worker's agreement to vote in a particular way or to abstain from voting,
(b) coerces or attempts to coerce a worker entitled to vote in the ballot to disclose
(i) whether he intends to vote or to abstain from voting in the ballot, or
(ii) how he intends to vote, or how he has voted, in the ballot,
(c) dismisses or threatens to dismiss a worker,
(d) takes or threatens to take disciplinary action against a worker,
(e) subjects or threatens to subject a worker to any other detriment, or
(f) uses or attempts to use undue influence on a worker entitled to vote in the ballot.
(3) The duty imposed by this paragraph does not confer any rights on a worker; but that does not affect any other right which a worker may have.
(4) Each of the following powers shall be taken to include power to issue Codes of Practice about unfair practices for the purposes of this paragraph
(a) the power of ACAS under section 199(1);
(b) the power of the Secretary of State under section 203(1)(a).
27B (1) A party may complain to the CAC that another party has failed to comply with paragraph 27A.
(2) A complaint under sub-paragraph (1) must be made on or before the first working day after
(a) the date of the ballot, or
(b) if the ballot is held on more than one day, the last date on which votes can be cast in the ballot.
(3) Within the decision period the CAC must decide whether the complaint is well-founded.
(4) A complaint is well-founded if
(a) the CAC finds that the party complained against used an unfair practice, and
(b) the CAC is satisfied that the use of that practice changed or was likely to change, in the case of a worker entitled to vote in the ballot
(i) his intention to vote or to abstain from voting,
(ii) his intention to vote in a particular way, or
(iii) how he voted.
(5) The decision period is
(a) the period of 10 working days starting with the day after that on which the complaint under sub-paragraph (1) was received by the CAC, or
(b) such longer period (so starting) as the CAC may specify to the parties by a notice containing reasons for the extension.
(6) If, at the beginning of the decision period, the ballot has not begun, the CAC may by notice to the parties and the qualified independent person postpone the date on which it is to begin until a date which falls after the end of the decision period.
27C (1) The Secretary of State may by order make provision about the consequences of a decision that a complaint under paragraph 27B is well-founded.
(2) An order under this paragraph may, in particular
(a) amend this Schedule;
(b) apply any provision of this Schedule with such modifications as may be specified in the order;
(c) confer functions on the CAC;
(d) make provision about the arrangement and conduct of further ballots;
(e) include supplementary or incidental provisions;
(f) make different provision for different cases or circumstances.
29 Mar 2004 : Column 1337
(3) An order under this paragraph shall be made by statutory instrument.
(4) No such order shall be made unless a draft of it has been laid before Parliament and approved by a resolution of each House of Parliament.".'. [Mr. Sutcliffe.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 7
Unfair Practices in Relation to Derecognition Ballots
After paragraph 119 of Schedule A1 to the 1992 Act insert
"119A (1) Each of the parties informed by the CAC under paragraph 117(11) must refrain from using any unfair practice.
(2) A party uses an unfair practice if, with a view to influencing the result of the ballot, the party
(a) offers anything to a worker entitled to vote in the ballot in return for the worker's agreement to vote in a particular way or to abstain from voting,
(b) coerces or attempts to coerce a worker entitled to vote in the ballot to disclose
(i) whether he intends to vote or to abstain from voting in the ballot, or
(ii) how he intends to vote, or how he has voted, in the ballot,
(c) dismisses or threatens to dismiss a worker,
(d) takes or threatens to take disciplinary action against a worker,
(e) subjects or threatens to subject a worker to any other detriment, or
(f) uses or attempts to use undue influence on a worker entitled to vote in the ballot.
(3) The duty imposed by this paragraph does not confer any rights on a worker; but that does not affect any other right which a worker may have.
(4) Each of the following powers shall be taken to include power to issue Codes of Practice about unfair practices for the purposes of this paragraph
(a) the power of ACAS under section 199(1);
(b) the power of the Secretary of State under section 203(1)(a).
119B (1) A party may complain to the CAC that another party has failed to comply with paragraph 119A.
(2) A complaint under sub-paragraph (1) must be made on or before the first working day after
(a) the date of the ballot, or
(b) if the ballot is held on more than one day, the last date on which votes can be cast in the ballot.
(3) Within the decision period the CAC must decide whether the complaint is well-founded.
(4) A complaint is well-founded if
(a) the CAC finds that the party complained against used an unfair practice, and
(b) the CAC is satisfied that the use of that practice changed or was likely to change, in the case of a worker entitled to vote in the ballot
(i) his intention to vote or to abstain from voting,
(ii) his intention to vote in a particular way, or
(iii) how he voted.
(5) The decision period is
(a) the period of 10 working days starting with the day after that on which the complaint under sub-paragraph (1) was received by the CAC, or
(b) such longer period (so starting) as the CAC may specify to the parties by a notice containing reasons for the extension.
(6) If, at the beginning of the decision period, the ballot has not begun, the CAC may by notice to the parties and the qualified independent person postpone the date on which it is to begin until a date which falls after the end of the decision period.
119C (1) The Secretary of State may by order make provision about the consequences of a decision that a complaint under paragraph 119B is well-founded.
(2) An order under this paragraph may, in particular
(a) amend this Schedule;
(b) apply any provision of this Schedule with such modifications as may be specified in the order;
(c) confer functions on the CAC;
(d) make provision about the arrangement and conduct of further ballots;
(e) include supplementary or incidental provisions;
(f) make different provision for different cases or circumstances.
(3) An order under this paragraph shall be made by statutory instrument.
(4) No such order shall be made unless a draft of it has been laid before Parliament and approved by a resolution of each House of Parliament.".'. [Mr. Sutcliffe.]
Brought up, read the First and Second time, and added to the Bill.
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