§ Lords Amendment: No. 68, in page 28, line 42, after ("Commission") insert 1504 ("after consultation with the employer and with any trade union appearing to the Commission to be likely to be affected")
§ Mr. Dudley SmithI beg to move, That this House doth agree with the Lords in the said Amendment.
§ Mr. Deputy Speaker (Sir Robert Grant-Ferris)I suggest that it will be for the convenience of the House if we also discuss Lords Amendment No. 73, in page 32, line 18, leave out ("section 35(2)") and insert ("sections 35(2) and 36(1)").
§ Mr. Dudley SmithThese Amendments have the purpose of an official Opposition Amendment in another place that the Commission on Industrial Relations should be required to consult those likely to be affected by any proposals in process of being formulated for extending the scope of reference in Clause 35. Amendment No. 73 is consequential, ensuring that where a reference concerns a composite unit, the requirement to consult under Amendment No. 68 shall be in respect of each employer in that composite unit.
In another place the Opposition contended that Clause 36 might lead to the employer and trade unions concerned not being consulted by the C.I.R. about its proposals for extending the unit of employment, and the Amendment defines the extent of the requirement more precisely, thus ensuring that it is not interpreted too narrowly.
I accept that the Opposition do not agree with these general proposals in the Clause, but I hope they will accept that this makes the position easier and fairer, particularly for the trade unions.
§ Question put and agreed to.
§
Lords Amendment: No. 69, in page 29, line 6, at end insert:
(In the opinion of the Commission)".
§ The Solicitor-GeneralI beg to move, That this House doth agree with the Lords in the said Amendment.
§ Mr. Deputy SpeakerIt will be convenient to discuss at the same time Lords Amendment No. 84, in page 35, line 30, at end insert:
(In the opinion of the Commission)".
§ The Solicitor-GeneralThese Amendments are in line with the last Amendments with which the House dealt. When 1505 the Commission on Industrial Relations is making a proposal which might affect a union or person not before it, and it fails to consult such a body or person, the words
In the opinion of the Commission".in Clause 36 and Clause 45 will be relevant. They will ensure that if the Commission makes its honest judgment of the people who should be given notice of the proposals, either the original ones or as a result of the extension of the reference, then the opinion of the Commission should prevail so as to prevent the possibility of it being challenged on a technicality or formality. They are, therefore, drafting Amendments to make the position clearer.
§ Question put and agreed to.