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Amendments to the Fire Services Bill

Fire Services Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


[Amendments marked * are new or have been altered]

Amendment
No.

 

Before Clause 1

 

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

1Insert the following new Clause—
  "Orders made under the Act
(1)  The powers of the Secretary of State to make orders under this Act concerning conditions of service or directions to fire authorities shall be exercised only after a declaration published by him that an emergency exists or is likely to exist.
(2)  In this section, "emergency" means a natural disaster or other event or series of events affecting the fire service or its operation which is or may be, in the opinion of the Secretary of State, likely to disrupt supplies of energy, or which presents any other serious threat to human welfare, the environment, the political, administrative or economic stability or the security of any place or locality, or in which the use of troops is permitted.
(3)  In his declaration the Secretary of State shall state the nature of the emergency."
 

Clause 1

 

THE LORD CAMPBELL OF ALLOWAY
THE EARL OF NORTHESK

2Page 1, line 3, at end insert "if requisite in the public interest of immediate implementation in a state of emergency"
3Page 1, line 6, at end insert—
  "provided that the provisions of subsections (3) and (8) shall not apply to an order made under this subsection"
4Page 1, line 6, at end insert—
"(   )  Save and except in a state of emergency to which subsection (1) applies, the Secretary of State may not by virtue of this Act—
(a)  fix or modify conditions of service other than as provided by subsection (1B) in which event section 1(3) and (8) shall not apply;
(b)  give directions to fire authorities without having consulted such authorities and local government as to means of implementation."
5Page 1, line 6, at end insert—
"(1A)  Collective action, whether primary or secondary, taken at the instigation of a trade union which—
(a)  disrupts fire brigade services, or
(b)  inhibits due performance of an order of the Secretary of State under subsection (1) or (1B).
  shall be unlawful."
6Page 1, line 6, at end insert—
"(1B)  The Secretary of State may not make an order by virtue of subsection (1)(a) unless—
(a)  collective bargaining has failed and no application has been made to a mandatory arbitral tribunal for the resolution of the dispute, or
(b)  the award of the tribunal established under subsection (1C) has been ignored or rejected."
7Page 1, line 6, at end insert—
"(1C)  There shall be established a mandatory arbitral tribunal ("the tribunal"), independent of government, for the resolution of disputes concerning the conditions of service of members of the fire brigades.
(1D)  No dispute shall be referred to the tribunal unless there has been a failure of collective bargaining, and such failure has been certified either by—
(a)  the parties to the dispute, or
(b)  ACAS.
(1E)  Any award of the tribunal shall be binding on the parties to the dispute and on government."
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

8Page 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."
9Page 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

10Page 1, line 6, at end insert—
"(1A)  The Secretary of State shall publish a code of guidance explaining the conditions under which or situations in which he is likely to wish to make use of his powers to make orders under this Act, and such code of guidance shall create no legal rights or duties but shall be taken into account by the courts in relation to any order."
11Page 1, line 16, at end insert—
"(2A)  The provisions of an order made under subsection (1)(a) shall have effect, notwithstanding any agreement to the contrary, as binding terms of the contracts of employment of fire brigade members to whom it applies, and not otherwise."
12Page 1, line 16, at end insert—
"(2B)  An order made under subsection (1)(b) shall not affect "property" that consists in rights or duties arising from or under a contract of employment, and the provisions of such an order shall not directly or indirectly affect the conditions of service of fire brigade members.""
 

THE LORD CAMPBELL OF ALLOWAY
THE EARL OF NORTHESK

13Page 1, line 17, after "section" insert "other than under subsection (1)"
 

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

14Page 1, line 17, leave out from "section" to "the" in line 18 and insert "save for an order made under subsection (1)(b) which he declares for the reasons which he states to be required by reason of an emergency"
15Page 2, line 2, at end insert—
"(3A)  Where a report shows that there is an agreement between the members of the negotiating body concerning matters dealt with in his proposals under subsection (1)(a), the Secretary of State shall, save in an exceptional situation, withdraw any proposals which are in conflict with that agreement and engage in further consultation with the members of that body.
(3B)  An exceptional situation exists when the Secretary of State declares that the terms of an agreement made by the members are unacceptable for the reasons set out in his declaration, such reasons which may include objections to the increases in pay or changes in conditions of service or similar associated matters contained in the agreement."
16Page 2, line 7, at end insert "and
(c)  should be consulted in accordance with the guidance issued for and advice on "best practice" given to fire authorities in respect of integrated risk management planning,"
17Page 2, line 8, at end insert—
"(4A)  Where the members of the negotiating body inform the Secretary of State that they are in dispute or disagreement relating to a matter on which the Secretary of State submits proposals and that they agree to submit the dispute or disagreement to resolution in a process of conciliation, mediation or arbitration, he shall consult ACAS with a view to establishing such a process with the agreement of the parties.
(4B)  Where such a process results in proposals by a mediator or an award by an arbitrator or arbitration body, the Secretary of State shall consult with the members of the negotiating body concerning those proposals or that award before proceeding to make an order."
18Page 2, line 18, at end insert—
"(5A)  Where the Secretary of State submits proposals under subsection (3) and the negotiating body or a member of it submits to him within the requisite period a reasoned statement not accepting the proposals, the Secretary of State shall not make the order until the process of assistance is exhausted.
(5B)  In that process the Secretary of State shall consult with ACAS with a view to the appointment, after consultation with the members, of assistance from a person or body for the purpose of mediation, conciliation or arbitration, as seems to him and the Service appropriate, in order to resolve the issues without delay.
(5C)  Where the issue is the subject of arbitration, the Secretary of State shall take the result of that arbitration into account as guidance before making any further proposals."
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

19Page 2, line 22, leave out "two years" and insert "eighteen months"
 

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

20Page 2, line 24, at end insert—
"(7A)  Except where one of the conditions in subsection (7B) applies, an order made under this section which has not previously been revoked shall automatically lapse on the day after three months have elapsed from the end of that two year period.
(7B)  The conditions are—
(a)  where an order made under subsection (1)(a) sets or modifies conditions of service to be more favourable than the conditions previously applying for any fire brigade member and do not reduce the pay and allowances payable to any person, or
(b)  where an order has given directions under subsection (1)(b) which the Secretary of State, after consultation under subsections (3) and (4) above, declares before that day to be necessary for the reasons which he states."
 

THE BARONESS HANHAM
THE LORD HANNINGFIELD

21Page 2, line 25, 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

22Page 2, line 25, leave out "that makes provision authorised by subsection (1)(a)"
23Page 2, line 27, at end insert—
"(8A)  In determining what it is appropriate to include in any order under this section and what appears to him to be an appropriate negotiating body, the Secretary of State shall—
(a)  not require or take account of any composition, membership, representation, chairmanship or procedure other than that agreed by negotiation between the members;
(b)  shall have regard to relevant Conventions of the International Labour Organisation, the European Social Charter and instruments of the United Nations, binding on the United Kingdom; and
(c)  where a member of the negotiating body expresses to him reason to doubt whether an order is in terms that contravene any such Convention, the Charter or other such instrument, shall publish the grounds on which he believes the order does not involve any such contravention, and consult further with the members of that body."
24Page 2, line 29, at end insert "and that duty shall be owed to and enforceable by the Secretary of State"
25Page 2, line 29, at end insert—
"(9A)  An act done in contemplation or furtherance of a trade dispute which is not otherwise actionable in tort by reason of Part V of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) (industrial action), shall not be actionable in tort on the ground only—
(a)  that it constitutes a breach or contravention of, or non-compliance with, an order made under this Act, or
(b)  that it constitutes, or threatens, an inducement of, or agreement or combination to commit, any such act.
(9B)  In subsection (9A) an "act" includes a deliberate failure to act."
26Page 2, line 29, at end insert—
"(9C)  An act which is otherwise not actionable in tort by reason of Part V of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) (industrial action) shall not be actionable or constitute unlawful means for the purposes of the law of tort, and shall not lose its protection under section 219 of that Act (protection from certain tort liabilities), by reason only that it—
(a)  is a breach or contravention of, or non-compliance with, an order made under this Act, or
(b)  constitutes an inducement or agreement to commit, or threatens to commit, any such breach, contravention or non-compliance."
 

THE LORD CAMPBELL OF ALLOWAY
THE BARONESS HANHAM
THE BARONESS HAMWEE
THE EARL OF NORTHESK

27Leave out Clause 1
 

Clause 2

 

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

28Page 2, line 34, at end insert "and no order made under this Act shall seek to amend the operation or result of that agreement or of any such mediation, conciliation or arbitration"
 

Clause 3

 

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

29Page 2, line 38, after first "service"" insert "means terms and conditions of employment and"
30Page 3, line 9, at end insert—
"(   )  For the avoidance of doubt, section 244(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) (meaning of "trade dispute" in Part V) is declared to apply to a case in which a dispute relates wholly or mainly to matters which are the subject of an order or proposals for an order made by the Secretary of State under this Act affecting the working conditions of members of a fire brigade."
 

In the Title

 

THE LORD CAMPBELL OF ALLOWAY
THE EARL OF NORTHESK

31Line 2, after "brigades" insert "as a means of last resort to avoid disruption of such services by collective action"

 
 
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©Parliamentary copyright 2003
9 September 2003