Previous Section Back to Table of Contents Lords Hansard Home Page


Lord McCarthy: My Lords, it is a case of force majeure, is it not? It is a case of half a loaf. Funnily, this half a loaf is so much bigger than my full loaf. But never mind. I am very pleased that we have made some advance. I beg leave to withdraw my amendment.

Amendment, by leave, withdrawn.

8.30 p.m.

Clause 47 [Codes of practice prepared by the Secretary of State]:

Lord Henley moved Amendment No. 51:


Page 38, line 44, leave out ("subsection (1)(b)") and insert ("subsections (1)(b) and (3)").

The noble Lord said: My Lords, I spoke to this amendment with Amendment No. 3. I beg to move.

On Question, amendment agreed to.

Clause 50 [Help for persons suffering discrimination]:

Lord Henley moved Amendment No. 52:


Page 40, line 12, after ("make") insert (", or has made,").

The noble Lord said: My Lords, I spoke to this amendment with Amendment No. 3. I beg to move.

On Question, amendment agreed to.

[Amendment No. 53 not moved.]

Lord Henley moved Amendments Nos. 54 and 55:


After Clause 55, insert the following new clause—

Restriction of publicity: industrial tribunals

(".—(1) This section applies to proceedings on a complaint under section 8 in which evidence of a personal nature is likely to be heard by the industrial tribunal hearing the complaint.
(2) The power of the Secretary of State to make regulations with respect to the procedure of industrial tribunals includes power to make provision in relation to proceedings to which this section applies for—
(a) enabling an industrial tribunal, on the application of the complainant or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the tribunal's decision; and

24 Oct 1995 : Column 1059


(b) where a restricted reporting order is made in relation to a complaint which is being dealt with by the tribunal together with any other proceedings, enabling the tribunal to direct that the order is to apply also in relation to those other proceedings or such part of them as the tribunal may direct.
(3) If any identifying matter is published or included in a relevant programme in contravention of a restricted reporting order—
(a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,
(b) in the case of publication in any other form, the person publishing the matter, and
(c) in the case of matter included in a relevant programme—
(i) any body corporate engaged in providing the service in which the programme is included, and
(ii) any person having functions in relation to the programme corresponding to those of an editor of a newspaper,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) Where a person is charged with an offence under subsection (3), it is a defence to prove that at the time of the alleged offence—
(a) he was not aware, and
(b) he neither suspected nor had reason to suspect,
that the publication or programme in question was of, or included, the matter in question.
(5) Where an offence under subsection (3) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
(a) a director, manager, secretary or other similar officer of the body corporate, or
(b) a person purporting to act in any such capacity,
he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(6) In relation to a body corporate whose affairs are managed by its members "director", in subsection (5), means a member of the body corporate.
(7) In this section—
"evidence of a personal nature" means any evidence of a medical, or other intimate, nature which might reasonably be assumed to be likely to cause significant embarrassment to the complainant if reported;
"identifying matter" means any matter likely to lead members of the public to identify the complainant or such other persons (if any) as may be named in the order;
"promulgation" has such meaning as may be prescribed by the regulations;
"relevant programme" means a programme included in a programme service, within the meaning of the Broadcasting Act 1990;
"restricted reporting order" means an order—
(a) made in exercise of the power conferred by regulations made by virtue of this section; and
(b) prohibiting the publication in Great Britain of identifying matter in a written publication available to the public or its inclusion in a relevant programme for reception in Great Britain; and
"written publication" includes a film, a sound track and any other record in permanent form but does not include an indictment or other document prepared for use in particular legal proceedings.").
Insert the following new clause—
Restriction of publicity: Employment Appeals Tribunal

(".—(1) This section applies to proceedings—
(a) on an appeal against a decision of an industrial tribunal to make, or not to make, a restricted reporting order, or

24 Oct 1995 : Column 1060


(b) on an appeal against any interlocutory decision of an industrial tribunal in proceedings in which the industrial tribunal has made a restricted reporting order which it has not revoked.
(2) The power of the Lord Chancellor to make rules with respect to the procedure of the Employment Appeal Tribunal includes power to make provision in relation to proceedings to which this section applies for—
(a) enabling the Tribunal, on the application of the complainant or of its own motion, to make a restricted reporting order having effect (if not revoked earlier) until the promulgation of the Tribunal's decision; and
(b) where a restricted reporting order is made in relation to an appeal which is being dealt with by the Tribunal together with any other proceedings, enabling the Tribunal to direct that the order is to apply also in relation to those other proceedings or such part of them as the Tribunal may direct.
(3) Subsections (3) to (6) of section (Restrictions of publicity: industrial tribunals) apply in relation to a restricted reporting order made by the Tribunal as they apply in relation to one made by an industrial tribunal.
(4) In subsection (1), "restricted reporting order" means an order which is a restricted reporting order for the purposes of section (Restriction of publicity: industrial tribunals).
(5) In subsection (2), "restricted reporting order" means an order—
(a) made in exercise of the power conferred by rules made by virtue of this section; and
(b) prohibiting the publication in Great Britain of identifying matter in a written publication available to the public or its inclusion in a relevant programme for reception in Great Britain.
(6) In this section—
"complainant" means the person who made the complaint to which the proceedings before the Tribunal relate;
"identifying matter", "written publication" and "relevant programme" have the same meaning as in section (Restriction of publicity: industrial tribunals); and
"promulgation" has such meaning as may be prescribed by the rules.").

The noble Lord said: My Lords, I spoke to Amendments Nos. 54 and 55 with Amendment No. 50. I beg to move.

On Question, amendments agreed to.

Clause 60 [Interpretation]:

Lord Henley moved Amendments Nos. 56 to 62:


Page 47, line 28, at end insert—
(""occupational pension scheme" has the same meaning as in the Pension Schemes Act 1993;").
Page 47, line 28, at end insert—
(""premises" includes land of any description;").
Page 47, line 29, at end insert—
(""profession" includes any vocation or occupation;").
Page 47, line 39, at end insert—
(""section 6 duty" means any duty imposed by or under section 6;").
Page 47, line 39, at end insert—
(""section 15 duty" means any duty imposed by or under section 15;").
Page 47, line 39, at end insert—
(""section 18 duty" means any duty imposed by or under section 18;").
Page 47, line 44, at end insert—
(""trade" includes any business;").

24 Oct 1995 : Column 1061

The noble Lord said: My Lords, my noble friend spoke to Amendment No. 56 with Amendment No. 4. I spoke to Amendments Nos. 57 to 62 with Amendment No. 3. I beg to move Amendments Nos. 56 to 62 en bloc.

On Question, amendments agreed to.

Schedule 1 [Provisions Supplementing Section 1]:


Next Section Back to Table of Contents Lords Hansard Home Page