HC Deb 22 October 1986 vol 102 cc1252-3

Mrs. Shields: I beg to move, amendment No. 4, in page 6, line 36 at end insert— '(7B) Disputes under this section shall he referred for decision as appropriate to:

  1. (a) the Central Arbitration Committee; or
  2. (b) industrial tribunals; or
  3. (c) the employment appeal tribunal, empowered to act as a court at first instance.'.
I understand that the Government plan to abolish the Central Arbitration Committee, which deals only with cases of direct discrimination. Our amendment seeks to give the CAC much wider powers to enable it to arbitrate effectively when collective agreements break down. If the Government choose to abolish the CAC, there will he nowhere for women to seek arbitration other than the industrial tribunals, which provide inadequate facilities to deal with such problems. An example is the case of the some 2,000 people who work in canteens in the National Coal Board, who are presently taking their dispute to the industrial tribunals. As yet, only about 30 or 40 cases have been heard, making this both an expensive and time-consuming operation.

While it is unlikely that every case would need to be heard, it would be preferable for one body, such as the CAC, to address such cases collectively. There are also some 1,000 cases waiting to go before the industrial tribunal on work of equal value. Again, the CAC can deal with these cases more effectively.

In addition to the doubt about the ability of the industrial tribunals to cope adequately with such cases, the chairmen of the tribunals rarely have specialised knowledge about sex discrimination. We would prefer such chairmen to receive training so that they are equipped to deal with such case. At present, the CAC rarely sees cases of discrimination because, under its present powers, it is unable to arbitrate in cases of more subtle and indirect discrimination, and can do so only in cases of direct discrimination. This amendment seeks to give the CAC the wider powers and authority needed to address the far more numerous cases of indirect discrimination.

If the Government are determined to abolish the CAC, they must greatly increase the powers of the employment appeal tribunal so that it can be enabled to deal with cases of collective discrimination. We seek a system in which industrial tribunals may continue to deal with individual cases, but the CAC may have increased powers to address itself to the break-down of collective discrimination. The CAC has already had experience, over a period of several years, of dealing with collective agreements, and rather than expanding the employment appeal tribunal, it would be preferable for the CAC to have its powers enhanced.

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