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Amendments to the Fire Services Bill

Fire Services Bill


THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

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

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where one of the conditions in subsection (7B) applies, an order made under this section which has not previously been revoked shall automatically lapse on the day after three months have elapsed from the end of that two year period.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
3 October 2003