Employment Relations Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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134     Page 14, line 38, at end insert--
 
    ("(  ) For the purposes of this section, "employees' representative" or "employers' representative" shall not include any trade union, trade association or political party.")
 
135     Page 14, line 38, at end insert--
 
    ("(  ) The amount of money that the Secretary of State may spend or provide pursuant to subsections (1) and (2) of this section shall not exceed in any fiscal year the sum of £100,000 or such greater sum as shall be revocably approved from time to time by simple resolution of each House of Parliament.")
 
136     Page 14, line 38, at end insert--
 
    ("(3) The recipients of money provided pursuant to this section shall within 15 months of the provision of the money (and annually if the money is utilised over a period of more than one year) deliver to the Secretary of State accounts, audited by an accountant qualified to do so pursuant to the Companies Act 1985, as to the use made of the money.
 
    (4) The recipients of such money shall deliver with the audited accounts a report on the use made of the funds and their appraisal of the effectiveness (or otherwise) of the steps they have taken in achieving the objects of this section.
 
    (5) Any recipient of money who fails to comply with the provisions of subsections (3) or (4) within the time specified or such longer time as the Secretary of State may grant in individual cases shall be guilty of an offence carrying the same penalties as may be provided for by the Secretary of State pursuant to section 3(3)(b) of this Act.")
 
137     Page 14, line 38, at end insert--
 
    ("(  ) The Secretary of State shall make a report to both Houses of Parliament including--
    (a)  details of all sums of money provided by him pursuant to this section during the previous fiscal year and any money which was loaned but which has been repaid during that period and any interest received,
    (b)  the names of the recipients and purposes of any grants or loans made during that period,
    (c)  a summary of the reports he has received pursuant to subsection (4) of this section and his own appraisal of all schemes and projects which are currently in progress or which have been completed during the previous fiscal year, and
    (d)  any other information he considers relevant.")
 
  
After Clause 28
 
  
BY THE LORD SIMON OF HIGHBURY
 
138*     Insert the following new Clause-- 
     ("    .--(1) In section 285(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (employment outside Great Britain) for "Chapter II (procedure for handling redundancies)" there shall be substituted "sections 193 and 194 (duty to notify Secretary of State of certain redundancies)".
 
    (2)  After section 287(3) of that Act (offshore employment) there shall be inserted--
        (3A)  An Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.".
    (3)  Section 196 of the Employment Rights Act 1996 (employment outside Great Britain) shall cease to have effect; and in section 5(1) for "sections 196 and" there shall be substituted "section".
 
    (4)  After section 199(6) of that Act (mariners) there shall be inserted--
        (7)  The provisions mentioned in subsection (8) do not apply to employment on board a ship registered in the United Kingdom if--
      (a)  the ship is registered at a port outside Great Britain,
      (b)  under his contract of employment the person employed works wholly outside Great Britain, or
      (c)  the person employed is not ordinarily resident in Great Britain.
        (8)  The provisions are--
      (a)  sections 8 to 10,
      (b)  Parts II, III and V,
      (c)  Part VI, apart from sections 58 to 60,
      (d)  Parts VII and VIII,
      (e)  sections 92 and 93, and
      (f)  Part X.".")
Employment rights: employment outside Great Britain.
  
Schedule 7
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD MACKAY OF ARDBRECKNISH
THE BARONESS SECCOMBE
 
139     Page 92, line 35, at beginning insert ("subject to subsections (1B) to (1E) below,") 
140     Page 92, line 42, at end insert--
 
    ("(1B)  Subsections (1C) to (1E) relate to contracts between an employment agency and either--
    (a)  a worker employed by such agency or for whom the agency undertakes to find temporary employment, or
    (b)  an employer to whom the employment agency has introduced a temporary worker.
    (1C)  Subject to subsection (1D) below, regulations made under subsection (1) (ec) shall not prohibit the charging of reasonable fees by an employment agency to an employer who shall have taken into permanent employment a worker who shall have previously been introduced by the agency to the employer as a temporary worker.
 
    (1D)  The conditions under which subsection (1C) shall apply are that the respective contracts between the employment agency and the employer and between the employment agency and the worker are both in writing and--
    (a)  the contract with the employer contains a statement in characters no less prominent than the bulk of the text of the contract and contained within a prominent border to the effect that a commission is payable by the employer in such circumstances and either stating the scale of commission or drawing attention to a separate tariff of fees;
    (b)  the contract with the worker contains a statement in characters no less prominent than the bulk of the text of the contract and contained within a prominent border to the effect that a commission will be charged to any employer who takes the worker on to its permanent staff, but confirms that in no circumstances will the worker be charged with any commission in those circumstances;
    (c)  the employer and the worker shall have signed or initialled the bordered statements in their respective contracts.
    (1E)  It shall not be lawful for an employment agency to refuse to provide services or temporary placements to a worker who declines to accept a contract containing the condition referred to in subsection (1D)(b)."")
 
  
After Schedule 7
 
  
BY THE LORD SIMON OF HIGHBURY
 
141     Insert the following new Schedule-- 
 ("NATIONAL SECURITy 
     1. The following shall be substituted for section 193 of the Employment Rights Act 1996 (national security)--1996 c. 18.
 National security.     193. Part IVA and section 47B of this Act do not apply in relation to employment for the purposes of-- 
  
    (a)  the Security Service,
    (b)  the Secret Intelligence Service, or
    (c)  the Government Communications Headquarters."
 
     2. Section 4(7) of the Employment Tribunals Act 1996 (composition of tribunal: national security) shall cease to have effect.
 
    3. The following shall be substituted for section 10 of that Act (national security, &c.)--
1996 c. 17.
 National security.     10.--(1) If on a complaint under-- 
  
    (a)  section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (detriment: trade union membership), or
 
  
    (b)  section 111 of the Employment Rights Act 1996 (unfair dismissal),
it is shown that the action complained of was taken for the purpose of safeguarding national security, the employment tribunal shall dismiss the complaint.
 
    (2)  Employment tribunal procedure regulations may make provision about the composition of the tribunal (including provision disapplying or modifying section 4) for the purposes of proceedings in relation to which--
    (a)  a direction is given under subsection (3), or
    (b)  an order is made under subsection (4).
    (3)  A direction may be given under this subsection by a Minister of the Crown if--
    (a)  it relates to particular Crown employment proceedings, and
    (b)  the Minister considers it expedient in the interests of national security.
    (4)  An order may be made under this subsection by the President or a Regional Chairman in relation to particular proceedings if he considers it expedient in the interests of national security.
 
    (5)  Employment tribunal procedure regulations may make provision enabling a Minister of the Crown, if he considers it expedient in the interests of national security--
    (a)  to direct a tribunal to sit in private for all or part of particular Crown employment proceedings;
    (b)  to direct a tribunal to exclude the applicant from all or part of particular Crown employment proceedings;
    (c)  to direct a tribunal to exclude the applicant's representatives from all or part of particular Crown employment proceedings;
    (d)  to direct a tribunal to take steps to conceal the identity of a particular witness in particular Crown employment proceedings;
    (e)  to direct a tribunal to take steps to keep secret all or part of the reasons for its decision in particular Crown employment proceedings.
    (6)  Employment tribunal procedure regulations may enable a tribunal, if it considers it expedient in the interests of national security, to do anything of a kind which a tribunal can be required to do by direction under subsection (5)(a) to (e).
 
    (7)  In relation to cases where a person has been excluded by virtue of subsection (5)(b) or (c) or (6), employment tribunal procedure regulations may make provision--
    (a)  for the appointment by the Attorney General, or by the Advocate General for Scotland, of a person to represent the interests of the party;
    (b)  about the publication and registration of reasons for the tribunal's decision.
    (8)  Proceedings are Crown employment proceedings for the purposes of this section if the employment to which the complaint relates--
    (a)  is Crown employment, or
    (b)  is connected with the performance of functions on behalf of the Crown.
    (9)  The reference in subsection (4) to the President or a Regional Chairman is to a person appointed in accordance with regulations under section 1(1) as--
    (a)  a Regional Chairman,
    (b)  President of the Employment Tribunals (England and Wales), or
    (c)  President of the Employment Tribunals (Scotland).
1992 c. 52.
 Confidential information.     10A.--(1) Employment tribunal procedure regulations may enable an employment tribunal to sit in private for the purpose of hearing evidence from any person which in the opinion of the tribunal is likely to consist of-- 
  
    (a)  information which he could not disclose without contravening a prohibition imposed by or by virtue of any enactment,
    (b)  information which has been communicated to him in confidence or which he has otherwise obtained in consequence of the confidence reposed in him by another person, or
    (c)  information the disclosure of which would, for reasons other than its effect on negotiations with respect to any of the matters mentioned in section 178(2) of the Trade Union and Labour Relations (Consolidation) Act 1992, cause substantial injury to any undertaking of his or in which he works.
    (2)  The reference in subsection (1)(c) to any undertaking of a person or in which he works shall be construed--
    (a)  in relation to a person in Crown employment, as a reference to the national interest,
    (b)  in relation to a person who is a relevant member of the House of Lords staff, as a reference to the national interest or (if the case so requires) the interests of the House of Lords, and
    (c)  in relation to a person who is a relevant member of the House of Commons staff, as a reference to the national interest or (if the case so requires) the interests of the House of Commons.
 
 Restriction of publicity in cases involving national security.     10B.--(1) This section applies where a tribunal has been directed under section 10(5) or has determined under section 10(6)--
    (a)  to take steps to conceal the identity of a particular witness, or
    (b)  to take steps to keep secret all or part of the reasons for its decision.
    (2)  It is an offence to publish--
    (a)  anything likely to lead to the identification of the witness, or
    (b)  the reasons for the tribunal's decision or the part of its reasons which it is directed or has determined to keep secret.
    (3)  A person guilty of an offence under this section is 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 this section it is a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the publication in question was of, or included, the matter in question.
 
    (5)  Where an offence under this section 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)  A reference in this section to publication includes a reference to inclusion in a programme included in a programme service, within the meaning of the Broadcasting Act 1990." 
     4. Section 28(5) of the Employment Tribunals Act 1996 (composition of Appeal Tribunal: national security) shall cease to have effect.
 
    5.--(1) Section 30 of that Act (Appeal Tribunal Procedure rules) shall be amended as follows.
 
    (2)  In subsection (2)(d) for "section 10" substitute "section 10A".
 
    (3)  After subsection (2) insert--
        (2A)  Appeal Tribunal procedure rules may make provision of a kind which may be made by employment tribunal procedure regulations under section 10(2), (5), (6) and (7).
        (2B)  For the purposes of subsection (2A)--
      (a)  the reference in section 10(2) to section 4 shall be treated as a reference to section 28, and
      (b)  the reference in section 10(4) to the President or a Regional Chairman shall be treated as a reference to a judge of the Appeal Tribunal.
        (2C)  Section 10B shall have effect in relation to a direction to or determination of the Appeal Tribunal as it has effect in relation to a direction to or determination of an employment tribunal."
1990 c. 42.
     6. After section 69(2) of the Race Relations Act 1976 (evidence: Minister's certificate as to national security, &c.) there shall be inserted--
        (2A)  Subsection (2)(b) shall not have effect for the purposes of proceedings on a complaint under section 54."
1976 c. 74.
     7. Paragraph 4(1)(b) of Schedule 3 to the Disability Discrimination Act 1995 (evidence: Minister's certificate as to national security, &c.) shall cease to have effect.")1995 c. 50.
  
After Clause 33
 
  
BY THE LORD SIMON OF HIGHBURY
 
142     Insert the following new Clause-- 
     ("  .--(1)  This section applies where regulations under section 2(2) of the European Communities Act 1972 (general implementation of Treaties) make provision for the purpose of implementing, or for a purpose concerning, a Community obligation of the United Kingdom which relates to the treatment of employees on the transfer of an undertaking or business or part of an undertaking or business.
 
    (2)  The Secretary of State may by regulations make the same or similar provision in relation to the treatment of employees in circumstances other than those to which the Community obligation applies (including circumstances in which there is no transfer, or no transfer to which the Community obligation applies).
 
    (3)  Regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.")
Transfer of undertakings.
1972 c. 68.
143     Insert the following new Clause-- 
     (".--(1) Information obtained by a revenue official in the course of carrying out a function of the Commissioners of Inland Revenue may be--Minimum wage: information.
 
    (a)  supplied by the Commissioners of Inland Revenue to the Secretary of State for any purpose relating to the National Minimum Wage Act 1998;
    (b)  supplied by the Secretary of State with the authority of the Commissioners of Inland Revenue to any person acting under section 13(1)(b) of that Act;
    (c)  supplied by the Secretary of State with the authority of the Commissioners of Inland Revenue to an officer acting for the purposes of any of the agricultural wages legislation.
    (2)  In this section--
1998 c. 39.
 
    revenue official" means an officer of the Commissioners of Inland Revenue appointed under section 4 of the Inland Revenue Regulation Act 1890 (appointment of collectors, officers and other persons), and
    the agricultural wages legislation" has the same meaning as in section 16 of the National Minimum Wage Act 1998 (agricultural wages officers).")
1890 c. 21.
144     Insert the following new Clause-- 
     (".--(1) In paragraph 27(3)(b) of Schedule 16 to the School Standards and Framework Act 1998 (dismissal of staff: representations and appeal) for "for a period of two years or more (within the meaning of the Employment Rights Act 1996)" there shall be substituted ", within the meaning of the Employment Rights Act 1996, for a period at least as long as the period for the time being specified in section 108(1) of that Act (unfair dismissal: qualifying period)".Dismissal of school staff.
1988 c. 31.
     (2)  In paragraph 24(4)(b) of Schedule 17 to the School Standards and Framework Act 1998 (dismissal of staff: representations and appeal) for "for a period of two years or more (within the meaning of the Employment Rights Act 1996)" there shall be substituted ", within the meaning of the Employment Rights Act 1996, for a period at least as long as the period for the time being specified in section 108(1) of that Act (unfair dismissal: qualifying period)".")1988 c. 31.
145     Insert the following new Clause-- 
     (". Schedule (National security) shall have effect.")National security.
  
Schedule 8
 
  
BY THE LORD SIMON OF HIGHBURY
 
146*     Page 96, column 3, leave out lines 35 to 38 
147*     Page 100, line 14, at end insert-- 
 ("8A. EMPLOYMENT RIGHTS: EMPLOYMENT OUTSIDE GREAT BRITAIn 
 ChapterShort titleExtent of repeal 
  
  1995 c. 50.Disability Discrimination Act 1995.Paragraph 4(1)(b) of Schedule 3, and the word "or" immediately before it. 
 1996 c. 17.Employment Tribunals Act 1996.Section 4(7).
Section 28(5).
 
 1998 c. 23.Public Interest Disclosure Act 1998.Section 11.") 
  
Clause 38
 
  
BY THE LORD SIMON OF HIGHBURY
 
149     Page 17, line 22, leave out subsection (2) 
150     Page 17, line 30, at end insert--
 
    ("(  )  Apart from section (Minimum wage: information) and subject to subsection (1), the preceding sections of this Act shall not extend to Northern Ireland.")
 
 
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