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Amendments to the Fire Services Bill

Fire Services Bill


AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


 

Clause 1

 

THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN
THE LORD WEDDERBURN OF CHARLTON

Page 1, line 17, leave out "that fixes or modifies conditions of service of fire brigade members,"
Page 1, line 18, after "members," insert "or that is likely to affect directly or indirectly the employment or job of any member of the fire brigade, or the recruitment of persons as such members by any fire authority,"
Page 1, line 18, after "members," insert "or that includes a direction within section 1(1)(b) that is likely to affect the employment, hours or other conditions of work of any fire brigade member or the recruitment of such members"
Page 1, line 22, at end insert—
"(   )  publish that report within seven days after it is made;"
Page 1, line 24, at end insert—
"(3A)  Where the members of the negotiating body—
(a)  are in disagreement or dispute in relation to any issue concerning the application or interpretation of an agreement between them or are unable to reach agreement in negotiations touching such an agreement; and
(b)  they subsequently either—
(i)  to settle the issue by agreement, or
(ii)  to agree jointly to refer the issue to conciliation, mediation or arbitration the result of which is agreed by them to be binding upon them,
  the Secretary of State shall make no order relating to that issue."
Page 1, line 24, at end insert—
"(3B)  No order shall be made under this section pursuant to any proposals made by him if the Secretary of State has been notified that one of the members of the negotiating body requests him to refer a disagreement with his proposals to an independent person or body for mediation, conciliation or arbitration with a view to resolving the disagreement and that person or body has issued advice or a report proposing terms different from the proposals, which terms have been accepted by the members.
(3C)  Where the Secretary of State is notified under subsection (3B) he shall consult the Advisory Conciliation and Arbitration Service and with the agreement of the members of the negotiating body appoint an appropriate person or body for the purpose of mediation, conciliation or arbitration as appropriate.
(3D)  Where the appropriate person or body gives advice or makes a report which is accepted by the members of the body, the Secretary of State shall take it into account before he publishes any further proposals for an order."
Page 1, line 24, at end insert—
"(3B)  Where the Secretary of State receives a communication from the negotiating body or a member of it stating that there is a disagreement or dispute between the parties with reference to any previous agreement made between them, or to its application or interpretation, the Secretary of State shall, after consulting the Advisory Conciliation and Arbitration Service, consult with that body and its members with a view to the establishment of assistance by mediation, conciliation or arbitration for the resolution of any such disagreement, consistent with the procedures in the agreement or otherwise agreed by the members.
(3C)  Where the members agree to such machinery being established they shall notify the Secretary of State, who shall not make an order before twenty one days have passed from the date of its being established.
(3D)  Where the members have resolved their disagreement or dispute with or without such assistance, the Secretary of State shall withdraw any proposals which relate to the matters in the disagreement or dispute.
(3E)  Where the parties have not resolved their disagreement or dispute within twenty one days after the assistance has been given, the Secretary of State shall consult the Service further with a view to ascertaining whether any further steps of third party assistance are likely to resolve the disagreement or dispute, before making further proposals for an order."
Page 1, line 24, at end insert—
"(3B)  Where the Secretary of State has submitted proposals under section 1(3)(a) and the negotiating body or a member of it notifies the Secretary of State that it or they are opposed to his proposals or any of them, he shall consult the Advisory Conciliation and Arbitration Service and the members of the body about establishing, after consultation with the members, assistance from an appropriate person or body by way of mediation, conciliation or arbitration to resolve the question.
(3C)  Where such a person or body is appointed, such assistance shall be given by way of report to the body and to the Secretary of State within seven days.
(3D)  Where the parties have agreed to accept such assistance, the Secretary of State shall withdraw his proposals until such time as he is notified of the outcome of that process.
(3E)  Where the Secretary of State has withdrawn his proposals under the previous subsection, he shall consider the outcome of that process before making any further proposal."
Page 2, line 1, after "use" insert "or disposal"
Page 2, line 2, after "persons" insert "whether those persons are members of a fire brigade or not"
Page 2, line 3, after "affected" insert "directly or indirectly"
Page 2, line 5, at end insert—
  "and the proposal for any such order shall state the estimated effect upon the employment, terms of employment or jobs of persons likely to be affected whether members of the fire service or not, and on the community affected by the order."
Page 2, line 21, at end insert "and an order made under this section which has not been previously revoked shall lapse automatically three months after the end of that two year period."
Page 2, line 22, leave out subsection (8) and insert—
"(8)  No order shall be made under this Act which has not previously been approved in draft by a resolution of each House of Parliament".
Page 2, line 26, at end insert—
"(10)  No action shall be brought in any court to enforce the duty of a fire authority under subsection (9) except by the Secretary of State by way of an application for enforcement of the duty."
Page 2, line 26, at end insert—
"(11)  No order shall be made under this Act which could conflict with the terms of the European Social Charter 1961, or of Convention 151 of 1978 of the International Labour Organisation.
(12)  In his proposals to that body the Secretary of State shall notify the negotiating body mentioned in subsection (3) of the grounds on which it appears to him that his order will not conflict with the terms of the instruments falling within subsection (10)."
 

Clause 2

 

THE LORD McCARTHY
THE BARONESS TURNER OF CAMDEN
THE LORD WEDDERBURN OF CHARLTON

Page 2, line 28, at end insert—
"(1A)  An act shall not constitute an unlawful act or unlawful means for the purposes of the law of tort by reason only that it is—
(a)  a breach or contravention of or non-compliance with this Act or an order made under this Act, or
(b)  an inducement or incitement of or agreement to commit such breach or non-compliance.
(1B)  In subsection (1A) act includes deliberate omission."
Page 2, line 28, at end insert—
"(1C)  An act done by a person in contemplation or furtherance of a trade dispute is not actionable in tort on the ground only—
(a)  that it is a breach or contravention of or non-compliance with this Act, or any order made under this Act, or constitutes an inducement or agreement to commit any such breach, contravention or non-compliance, or
(b)  that it consists in his threatening that any such breach, contravention, non-compliance, inducement or agreement will be effected.
  This subsection does not apply to the liability of a fire authority for breach of duty in respect of acts which are in breach of or non-compliance with its duty under section 1(9)."
Page 2, line 30, after first "service" insert "means contractual terms and conditions of employment and"
Page 3, line 5, at end insert—
"(3A)  In the Trade Union and Labour Relations (Consolidation) Act 1992 the following section is added after section 238A—
    "238BUnfair dismissal of fire brigade members
      Section 238A shall apply to a member of a fire brigade where he commits an act or is induced to commit an act which by virtue of the Fire Services Act 2003 is not actionable in tort.""
Page 3, line 5, at end insert—
"(5A)  An act done in contemplation or furtherance of a trade dispute which is otherwise protected under Part V of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) shall not be actionable in tort on the ground only—
(a)  that it is a breach or contravention of or non-compliance with this Act, or any order made under this Act, or that it constitutes an inducement or agreement to commit any such breach, contravention or non-compliance, or
(b)  that it consists in a person threatening that any such breach, contravention, non-compliance, inducement or agreement will be effected."
Page 3, line 27, at end insert—
"(5A)  After section 244(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 there shall be inserted—
    "(2A)  For the avoidance of doubt subsection (2) applies to any case in which the dispute relates to matters which are the subject of an order made by the Secretary of State under the Fire Services Act 2003 affecting the working conditions of members of a fire brigade.""
Page 3, line 30, at end insert—
"(6A)  To the extent that this Act or an order made under it places any duty upon a fire brigade member it shall take effect as an obligation implied into his contract of employment and not otherwise.
(6B)  An act done by a member of a fire brigade in contemplation or furtherance of a trade dispute shall not constitute a breach of contract by reason only that it is in breach or contravention of or in non-compliance with this Act or any order made under this Act.
(6C)  In the previous subsection "act" includes deliberate omission."

 
 
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©Parliamentary copyright 2003
30 June 2003