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Lord McIntosh of Haringey moved Amendments Nos. 57 to 69:


Page 45, line 38, leave out ("(1)(b)") and insert ("(1)(a)")
Page 45, line 49, leave out ("81") and insert ("80")
Page 46, line 2, leave out ("(1)(b)") and insert ("(1)(a)")
Page 46, line 32, at end insert--
("(4) An application is not admissible if--
(a) a relevant application was made within the period of 3 years prior to the date of the application,
(b) the relevant application and the application relate to the same bargaining unit, and
(c) the CAC accepted the relevant application.
(5) A relevant application is an application made to the CAC--
(a) by the union (or the unions) under this paragraph,
(b) by the employer under paragraph 86, 87 or 106, or
(c) by a worker (or workers) under paragraph 91.")
Page 48, line 38, at end insert--
("88A.--(1) An application under paragraph 86 or 87 is not admissible if--
(a) a relevant application was made within the period of 3 years prior to the date of the application under paragraph 86 or 87,
(b) the relevant application and the application under paragraph 86 or 87 relate to the same bargaining unit, and
(c) the CAC accepted the relevant application.
(2) A relevant application is an application made to the CAC--
(a) by the union (or the unions) under paragraph 81,
(b) by the employer under paragraph 86, 87 or 106, or
(c) by a worker (or workers) under paragraph 91.")
Page 49, line 2, leave out ("and") and insert ("to")
Page 49, line 28, at end insert--
("91A.--(1) An application under paragraph 91 is not admissible if--
(a) a relevant application was made within the period of 3 years prior to the date of the application under paragraph 91,
(b) the relevant application and the application under paragraph 91 relate to the same bargaining unit, and
(c) the CAC accepted the relevant application.
(2) A relevant application is an application made to the CAC--
(a) by the union (or the unions) under paragraph 81,
(b) by the employer under paragraph 86, 87 or 106, or
(c) by a worker (or workers) under paragraph 91.")
Page 49, line 39, leave out ("and") and insert ("to")
Page 54, line 40, leave out ("to the CAC")
Page 54, line 44, leave out ("to the CAC")

8 Jul 1999 : Column 1069


Page 54, line 47, at end insert--
("107A.--(1) An application under paragraph 106 is not admissible if--
(a) a relevant application was made within the period of 3 years prior to the date of the application under paragraph 106,
(b) the relevant application and the application under paragraph 106 relate to the same bargaining unit, and
(c) the CAC accepted the relevant application.
(2) A relevant application is an application made to the CAC--
(a) by the union (or the unions) under paragraph 81,
(b) by the employer under paragraph 86, 87 or 106, or
(c) by a worker (or workers) under paragraph 91.")
Page 55, line 1, leave out ("to the CAC")
Page 55, line 9, leave out ("and") and insert ("to")

The noble Lord said: My Lords, Amendments Nos. 57 to 59 were spoken to with Amendment No. 10; Amendments Nos. 60 to 69 were spoken to with Amendment No. 6. There is a misprint in Amendment No. 60 as it appears on the Marshalled List. The second sub-paragraph should be "(5)". With that minor amendment, I beg to move Amendments Nos. 57 to 69 en bloc.

On Question, amendments agreed to.

Lord McIntosh of Haringey moved Amendment No. 70:


Page 56, line 18, at end insert--
("114A. An application under paragraph 114 is not admissible if the CAC is satisfied that any of the unions has a certificate under section 6 that it is independent.")

The noble Lord said: My Lords, in moving Amendment No. 70 I shall speak also to Amendments Nos. 71 to 75. The Bill allows voluntary recognition of unions which do not hold a certificate of independence. If workers are happy to be represented by such unions, there is no problem. But we do not think it would be right for an employer to be able to prevent workers from being represented by the independent union of their choice by recognising a non-independent union. Part VI of Schedule 1 therefore provides a procedure for workers to request and, via a ballot, to require an employer to derecognise a non-independent trade union.

On Report in another place, the Secretary of State said that,


    "there is an issue that the Government want to consider further: where a staff association or a non-independent union has applied for a certificate of independence, whether the CAC should not consider any application for derecognition until the outcome of that process is known".--[Official Report, Commons, 31/3/99; col. 1185.] On further consideration, we believe it is right that a union which may be independent of control of the employer and which has applied for a certificate of independence should not be subject to derecognition under Part VI unless it fails to obtain that certificate. These amendments put the principle into effect. An application for derecognition made by workers after the union has applied for a certificate of independence will be suspended pending the outcome of the union's application to the certification officer. If the certification officer grants the certificate and the union becomes independent, it can no longer be derecognised under the

8 Jul 1999 : Column 1070

    procedure. If, however, the certification officer refuses the certificate, then the workers' application for derecognition can go ahead.

However, we believe it is important to prevent unscrupulous employers using an application for a certificate of independence by a sweetheart union which they control to delay a perfectly fair application under Part VI. We have therefore provided that the union's application must be made before the application for derecognition, to prevent applications made simply to delay matters. An application for derecognition will be stalled only until the certification officer reaches a verdict on the union's application for a certificate of independence. If the certification officer refuses the certificate, the application will then be allowed to proceed, even if the union appeals against the certification officer's decision. Of course, if an appeal is made and succeeds at any time during the course of an application for derecognition, the application will lapse. Paragraph 117D, which is inserted by Amendment No. 73, achieves this. I beg to move.

On Question, amendment agreed to.

Lord McIntosh of Haringey moved Amendments Nos. 71 to 75:


Page 56, line 25, at end insert--
("(115A. An application under paragraph 114 is not admissible if the CAC is satisfied that--
(a) the union (or any of the unions) has made an application to the Certification Officer under section 6 for a certificate that it is independent, and
(b) the Certification Officer has not come to a decision on the application (or each of the applications).")
Page 56, line 29, leave out ("and 115") and insert ("to 115A")
Page 57, line 11, at end insert--
("117A.--(1) This paragraph applies if--
(a) the CAC accepts an application under paragraph 114,
(b) during the period mentioned in paragraph 117(1) or 117C(3) the CAC is satisfied that the union (or each of the unions) has made an application to the Certification Officer under section 6 for a certificate that it is independent, that the application (or each of the applications) to the Certification Officer was made before the application under paragraph 114 and that the Certification Officer has not come to a decision on the application (or each of the applications), and
(c) at the time the CAC is so satisfied there has been no agreement or withdrawal as described in paragraph 117(1) or 117C(3).
(2) In such a case paragraph 117(1) or 117C(3) shall cease to apply from the time when the CAC is satisfied as mentioned in sub-paragraph (1)(b).
117B.--(1) This paragraph applies if the CAC is subsequently satisfied that--
(a) the Certification Officer has come to a decision on the application (or each of the applications) mentioned in paragraph 117A(1)(b), and
(b) his decision is that the union (or any of the unions) which made an application under section 6 is independent.
(2) In such a case--
(a) the CAC must give the worker (or workers), the employer and the union (or unions) notice that it is so satisfied, and
(b) the application under paragraph 114 shall be treated as not having been made.

8 Jul 1999 : Column 1071


117C.--(1) This paragraph applies if the CAC is subsequently satisfied that--
(a) the Certification Officer has come to a decision on the application (or each of the applications) mentioned in paragraph 117A(1)(b), and
(b) his decision is that the union (or each of the unions) which made an application under section 6 is not independent.
(2) The CAC must give the worker (or workers), the employer and the union (or unions) notice that it is so satisfied.
(3) In the new negotiation period the CAC must help the employer, the union (or unions) and the worker (or workers) with a view to--
(a) the employer and the union (or unions) agreeing to end the bargaining arrangements, or
(b) the worker (or workers) withdrawing the application.
(4) The new negotiation period is--
(a) the period of 20 working days starting with the day after that on which the CAC gives notice under sub-paragraph (2), or
(b) such longer period (so starting) as the CAC may decide with the consent of the worker (or workers), the employer and the union (or unions).
117D.--(1) This paragraph applies if--
(a) the CAC accepts an application under paragraph 114,
(b) paragraph 117A does not apply, and
(c) during the relevant period the CAC is satisfied that a certificate of independence has been issued to the union (or any of the unions) under section 6.
(2) In such a case the relevant period is the period starting with the first day of the negotiation period (as defined in paragraph 117(2)) and ending with the first of the following to occur--
(a) any agreement by the employer and the union (or unions) to end the bargaining arrangements;
(b) any withdrawal of the application by the worker (or workers);
(c) the CAC being informed of the result of a relevant ballot by the person conducting it;
and a relevant ballot is a ballot held by virtue of this Part of this Schedule.
(3) This paragraph also applies if--
(a) the CAC gives notice under paragraph 117C(2), and
(b) during the relevant period the CAC is satisfied that a certificate of independence has been issued to the union (or any of the unions) under section 6.
(4) In such a case, the relevant period is the period starting with the first day of the new negotiation period (as defined in paragraph 117C(4)) and ending with the first of the following to occur--
(a) any agreement by the employer and the union (or unions) to end the bargaining arrangements;
(b) any withdrawal of the application by the worker (or workers);
(c) the CAC being informed of the result of a relevant ballot by the person conducting it;
and a relevant ballot is a ballot held by virtue of this Part of this Schedule.
(5) If this paragraph applies--
(a) the CAC must give the worker (or workers), the employer and the union (or unions) notice that it is satisfied as mentioned in sub-paragraph (1)(c) or (3)(b), and
(b) the application under paragraph 114 shall be treated as not having been made.")
Page 57, line 15, after ("117(1)") insert ("or 117C(3)")
Page 57, line 22, at end insert--
("(c) the reference in paragraph 97(4) to the CAC refusing an application under paragraph 97(2) included a reference to it being required to give notice under paragraph 117D(5)")

8 Jul 1999 : Column 1072

The noble Lord said: My Lords, I have just spoken to these amendments. I beg to move them en bloc.

On Question, amendments agreed to.


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