HL Deb 03 November 1975 vol 365 c897

[Nos. 35 to 39]

Schedule 15, page 167, line 8, at end insert— ("10A. After paragraph 6(5) of Schedule 1 (dismissal in closed shop situation), insert the following sub-paragraphs:— (5A) For the purposes of sub-paragraph (5) above a union shall be treated as specified for the purposes of or in relation to a union membership agreement (in a case where it would not otherwise be so treated) if—

  1. (a) the Service has made a recommendation for recognition covering the employee in question which is operative within the meaning of section 15 of the Employment Protection Act 1975; or
  2. (b) subject to sub-paragraph (5B) below the union has referred a recognition issue (within the meaning of that Act) covering that employee to the Advisory, Conciliation and Arbitration Service under section 11 of that Act and it has not withdrawn the reference, or from the reference, and the issue has not been settled or reported on under section 12 of that Act.
(5B) Sub-paragraph (5A)(b) above shall not apply where the reference is such a reference as is described in section 12(2) of that Act (reference of issue previously considered by the Service) on which, in accordance with that subsection the Service declines to proceed." ")

The Commons agreed to this Amendment but proposed the following Amendments thereto:—

In line 3, leave out ("sub-paragraphs") and insert ("sub-paragraph").

In head (b), leave out ("subject to sub-paragraph (5B) below").

In head (b), line 5, leave out ("it") and insert ("the Service has not declined to proceed on the reference under section 12 of that Act, the union").

In head (b), line 7, leave out from ("under") to the end of sub-paragraph (5B) and insert ("that section").

Lord JACQUES

My Lords, I formally move that this House doth not insist on their Amendment No. 35 to which the Commons have disagreed for the Reasons numbered 36 to 39. These are entirely drafting Amendments.

Moved, That this House doth not insist on their Amendment No. 35 to which the Commons have disagreed for the Reasons numbered 36 to 39.—(Lord Jacques.)

On Question, Motion agreed to.