HL Deb 03 November 1975 vol 365 cc893-4

[Nos. 25 and 26]

Clause 104, page 87, line 13, leave out from ("which") to ("remove") in line 15.

The Commons disagreed to this Amendment for the following Reason:

Because safety representatives should be appointed by recognised trade unions which are the bodies best able to undertake the responsibility.

Lord JACQUES

My Lords, I beg to move that this House doth not insist upon its Amendment No. 25 to which the Commons have disagreed for Reason No. 26. The effect of the Amendment is to retain Section 2(5) of the Health and Safety at Work Act which provides for the election of safety representatives by employees. We have sought to confine the provisions of Section 2 of the Health and Safety at Work Act to recognised trade unions, for two reasons: first, the unions are the bodies best organised to take on these responsibilities and it can be detrimental to give rights and responsibilities to those who cannot make full use of them.

Secondly, if the legislation requires an employer to undertake consultation with his employees otherwise than through the normal channels it may well lead to industrial relations difficulties. Any apparent discrimination between provisions for union and non-union employees is more apparent than real because there is nothing to prevent the making or continuance of voluntary arrangements between an employer and his employees. The Amendment was rejected in another place by a majority of 53, and I recommend that the House doth not insist upon this Amendment.

Moved, That the House doth not insist upon their Amendment No. 25 to which the Commons have disagreed for the Reason numbered 26.—(Lord Jacques.)

On Question, Motion agreed to.