HC Deb 25 May 1989 vol 153 cc1201-2
Mr. Viggers

I beg to move amendment No. 89, in page 38, line 13, leave out from 'exceed' to end of line 15 and insert `£30,000'.

Madam Deputy Speaker

With this it will be convenient to consider Government amendments Nos. 90 and 91.

Mr. Viggers

There has been concern that the limit of £8,925 on compensation payable by the tribunal in individual cases of religious discrimination is too restrictive and a flaw in the Bill. By way of response to these concerns, the Government's amendment increases the limit that the tribunal can order from £8,925 to £30,000.

As hon. Members will be aware, the new Fair Employment Tribunal is modelled closely on the existing industrial tribunal structure and, as such, it attracted the maximum level of fine for discrimination available under the industrial tribunal mechanism£8,925. However, it was pointed out in Committee that such a figure, particularly since it represented a maximum level of compensation, could well deter individuals from bringing cases of discrimination given the unique sensitivities which attach to the issue of religious discrimination in Northern Ireland.

We therefore considered uprating the £8,925 limit to a level equivalent to that already set in the Bill for failure to comply with orders of the tribunal. I pay tribute to the hon. Member for Kingston upon Hull, North (Mr. McNamara) for putting this idea forward. I am pleased to say that 1 accept the rationale of the amendment. The other two amendments provide for the Department by order to change the figure of £30,000 to take account of a change in the value of money.

Mr. William Ross

We seem to be increasing the sum in the amendment while leaving aside the sums in article 37 of the Industrial Relations Order 1976. I am not clear about whether those sums will be increased by a like amount.

Amendment agreed to.

Amendments made: No. 90, in page 38, line 46, at end insert— '(9) If it appears to the Department that there has been a change in the value of money since the relevant date, it may by order substitute for the sum for the time being specified in subsection (4) such other sum as appears to it to be justified by the change. (10) In subsection (9) "the relevant date" means—

  1. (a) in relation to the first order under that subsection, the commencement of section 48 of the Fair Employment (Northern Ireland) Act 1989, and
  2. (b) in relation to each subsequent order, the last occasion when the sum specified in subsection (4) was altered.
(11) A statutory rule containing an order under subsection (9) shall be subject to negative resolution; and section 41(6) of the Interpretation Act (Northern Ireland) 1954 (meaning of "subject to negative resolution" shall apply as if the power to make the order were conferred by a Measure of the Northern Ireland Assembly.'. No. 60, in page 39, line 47, leave out subsection (4).

No. 61, in page 40, line 9, leave out subsection (1) and insert— `(1) Where a prospective complainant requests the Commission in writing for advice in relation to prospective proceedings under this Part, the Commission shall give him such advice unless it considers that the request is frivolous.' No. 62, in page 40, line 32, leave out 'and'.

No. 63, in page 40, line 38, at end insert `and (e) any other form of assistance which the Commission may consider appropriate.'.—[Mr. Viggers]

Forward to