HC Deb 30 July 1975 vol 896 cc1971-2
Mr. Booth

I beg to move Amendment No. 30, in page 12, line 13, leave out lines 13 to 18 and insert:

'(1) A recommendation for recognition made by the Service under section 12 above, so far as it relates to employees, but not so far as it relates to workers who are not employees, shall become operative for the purpose of the following provisions of this Act—

  1. (a) in the case of an unconditional recommendation, at the end of the period of 14 days beginning with the date on which the Service's report under section 12 above is received by the employer; and
  2. (b) in the case of a conditional recommendation, at the end of the period of 14 days beginning with the date on which the Service, on the application of the union, notifies the employer of its opinion that the condition or all the conditions have been sufficiently complied with,
and shall remain operative except in so far as it is—
  1. (i) superseded by agreement, whether expressed or implied, between the employer and the union;
  2. (ii) superseded by another recommendation under section 12 above; or
  3. (iii) revoked on an application under section 13 above,
(2) Where a recommendation is operative, then at any time after the end of the period of two months beginning with the date on which it became operative,'

The amendment inserts into Clause 15 a redrafted version of the former sub- section (8) of Clause 12 relating to circumstances in which a recommendation by the ACAS for recognition of a trade union is to become operative.

Amendment agreed to.

Mr. Deputy Speaker

The next amendment is No. 31, which is to be taken with Amendment No. 43.

Mr. Brittan

These amendments, Mr. Deputy Speaker, relate to fundamental matters in the Bill—namely, to our opposition to the whole procedure whereby the penalty for failure to comply with a recognition recommendation or to disclose information is compulsory, unilateral arbitration. They are fundamental matters, and we do not think it appropriate to deal with them at this stage by way of amendment. Therefore, I do not propose to move the amendment.

Forward to