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Amendments to the Fire Services Bill

Fire Services Bill


REVISED
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


[Amendments marked * are new or have been altered]

Amendment
No.

 

Before Clause 1

 

THE LORD CAMPBELL OF ALLOWAY

1Insert the following new Clause—
  "Means of last resort to avoid disruption
(1)  The powers conferred by section 1(1)(a),(3),(5), and (6) shall not be exercised unless—
(a)  collective bargaining has failed or the award of a mandatory arbitral tribunal independent of Government has been ignored or rejected, or
(b)  the exercise of such powers in a state of emergency has been approved by both Houses of Parliament on affirmative resolution, in which event section 1(3) shall not apply.
(2)  Collective action whether primary or secondary taken at the instigation of a trade union with the intention to disrupt Fire Brigade services shall be unlawful."
 

Clause 1

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

2Page 1, line 6, at end insert—
"(   )  The Secretary of State may make an order under subsection (1) only after any current offer to fire brigade members has been the subject of a secret postal ballot of such members within the previous three months, unless the order is to require fire brigade members to be given the opportunity to take part in a secret postal ballot on terms and conditions organised by an appropriate independent body."
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

3Page 1, line 6, at end insert—
"(   )  The provision that may be made by virtue of subsection (1)(a) includes the power to make provision about conditions of service relating to—
(a)  membership of trade unions by fire brigade members; and
(b)  disciplinary offences by fire brigades members."
4Page 1, line 6, at end insert—
"(1A)  Before making an order under subsection (1) the Secretary of State shall conduct a postal ballot of all Fire Brigade members on his proposals.
(1B)  In relation to subsection (1A) above, it shall be the duty of any fire authority to supply the Secretary of State with any information he requires to enable a ballot to be conducted."
 

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

5Page 1, line 16, at end insert—
"(2A)  Before the Secretary of State makes directions by virtue of section 1(1)(b) which affect local needs or any other matters within the terms of section 19 of the Fire Services Act 1947 (c. 41) (fire brigade establishments to be determined in accordance with approved schemes) as amended by section 7 of the Fire Services Act 1959 (c. 44) (establishment schemes), he shall engage in consultation with local authorities and other persons who would legitimately have expected to be consulted—
(a)  if he had been exercising powers under section 19 of the Fire Services Act 1947 before the amendment of part of that section in section 120 of the Local Government Act 2003; or
(b)  in a manner parallel to the terms of guidance on consultation issued for and advice on "best practice" given to fire authorities in respect of Integrated Risk Management Planning, or in the absence of such final guidance the current draft thereof."
6Page 1, line 17, leave out from "section" to ", the" in line 18
7Page 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,"
8Page 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"
9Page 1, line 22, after "proposals;" insert—
"(   )  publish that report within seven days after it is made;"
9A*Page 1, line 24, at end insert—
    "(d)  where a report under paragraph (c) shows that there is no dispute or disagreement between the members of that body concerning the matters dealt with in his proposals, whether or not they agree with his proposals or prefer provisions different from his proposals, withdraw his proposals and engage in new consultation with them."
10Page 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)  subsequently either—
(i)  settle the issue by agreement, or
(ii)  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."
11Page 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 (ACAS) 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."
12Page 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 ACAS, 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 the machinery being established under subsection (3B), they shall notify the Secretary of State who shall not make an order before 21 days have passed from the date of its being established.
(3D)  Where the members have resolved their disagreement or dispute with or without assistance under subsection (3B), 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 21 days after the assistance has been given, the Secretary of State shall consult the ACAS 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."
13Page 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, assistance under subsection (3B) 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 assistance under subsection (3B), 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 subsection (3D), he shall consider the outcome of that process before making any further proposal."
14[Retabled as amendment 9A]
15Page 2, line 1, at end insert "or disposal"
16Page 2, line 2, after "persons" insert "whether those persons are members of a fire brigade or not"
17Page 2, line 3, after "affected" insert "directly or indirectly"
18Page 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"
19Page 2, line 5, at end insert—
"(   )  Before giving a direction under section 1(1)(b) which would be likely to affect or modify working conditions or conditions of service of fire brigade members, the Secretary of State shall submit proposals and consider a report in parallel fashion to the requirements of subsection (3) on orders under section 1(1)(a)."
19A*Page 2, line 6, leave out subsection (5)
20Page 2, line 15, at end insert—
"(5A)  No order made under this section shall—
(a)  determine or modify the composition of a negotiating body which negotiates conditions of service of members of a fire brigade, or specify who shall act as representatives of such members, or who shall be an officer or chairman of any such body;
(b)  not conflict in any other way with the independence or right of free organisation of an independent trade union representing members of a fire brigade, or the rights of those members to choose their representatives in full freedom, as expressed in any Convention of the International Labour Organisation which has been ratified by the United Kingdom."
21Page 2, line 15, at end insert—
"(5B)  An order under this section shall not include any requirement on a negotiating body connected with its procedures related to the negotiation of conditions of service of fire brigade members, other than as provided in subsection (3), and in particular shall not provide that disputes may be referred by way only of a joint reference to a disputes procedure used for the determination of issues relevant to the fixing or modification of conditions of service of fire brigade members."
22Page 2, line 18, at end insert "or retrospectively to modify or fix any condition of service"
23Page 2, line 19, after "made" insert "or direction given"
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

24Page 2, line 19, leave out "two years" and insert "one year"
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

25Page 2, line 19, leave out "two years" and insert "eighteen months"
 

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

26Page 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"
27Page 2, line 21, at end insert "or direction"
 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

28Page 2, line 21, at end insert—
"(   )  No order made under subsection (1) shall enable the Secretary of State to take any action provided by that subsection after the period provided by subsection (7)."
 

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

29Page 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".
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

30Page 2, line 22, leave out subsection (8) and insert—
"(   )  No order shall be made under this section unless a draft of the order has been laid before, and approved by resolution of, both Houses of Parliament."
 

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

31Page 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."
32Page 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 (11)."
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

 The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill.
 

After Clause 1

 

THE LORD LEA OF CRONDALL

33Insert the following new Clause—
  "Interpretation of June 2003 agreement
  For the avoidance of doubt, nothing in this Act affects the possibility of the parties agreeing on a reference to mediation, conciliation or arbitration on the interpretation of the June 2003 agreement between the Fire Brigades Union and the local authority fire service employers."
 

Clause 2

 

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

34Page 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."
35Page 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.
(1D)  Subsection (1C) 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)."
36Page 2, line 30, after first "service" insert "means contractual terms and conditions of employment and"
37Page 2, line 31, at end insert "but does not include conditions relating to termination or loss of employment by reason of redundancy or otherwise"
38Page 2, line 45, at end insert—
"(2A)  In determining what appear to him to be appropriate arrangements on a negotiating body, the Secretary of State shall pay regard to relevant Conventions of the International Labour Organisation ratified by the United Kingdom."
39Page 3, line 5, at end insert "but do not include property in the form of rights arising from or under a contract of employment or a contract with any person who undertakes to do or perform any work or services"
40Page 3, line 5, at end insert—
"(3A)  In the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) after section 238A there is inserted—
    "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.""
41Page 3, line 5, at end insert—
"(3B)  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 grounds 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."
42Page 3, line 27, at end insert—
"(5A)  After section 244(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) 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.""
43Page 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 subsection (6B) "act" includes deliberate omission."
 

In the Title

 

THE LORD CAMPBELL OF ALLOWAY

44Line 2, after "brigades" insert "as a means of last resort to avoid disruption of such services by collective action"
 

THE LORD LEA OF CRONDALL

45Line 2, at end insert "and for connected purposes"

 
 
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©Parliamentary copyright 2003
3 July 2003