HC Deb 20 October 1976 vol 917 cc470-2W
Mr. Wakeham

asked the Secretary of State for Employment (1) if the Code of Practice on the Disclosure of Information to Trade Unions for Collective Bargaining ensures that relative information is defined with sufficient clarity to avoid unnecessary information being produced at great cost to industry;

(2) whether the new Code of Practice on the Disclosure of Information to Trade Unions for Collective Bargaining will contain clauses to ensure that trade unions have an obligation to employ trained staff capable of understanding and interpreting the information given to them;

(3) what arrangements will be made in the Code of Practice on the Disclosure of Information to Trade Unions for Collective Bargaining to ensure that failure by managements to provide information that would cost sums to produce out of all proportion to their value will not be construed as a breach of the code;

(4) whether the trade union negotiators who have access to price sensitive information under the Code of Practice on the Disclosure of Information to Trade Unions for Collective Bargaining will be treated as insiders in respect of any share dealings by themselves and their families;

(5) whether he will ensure that no price information is given to trade unions under the Code of Practice on the Disclosure of Information to Trade Unions for Collective Bargaining that is not available to shareholders and other non-unionised employees;

(6) whether he will ensure that under the Code of Practice on the Disclosure of Information to Trade Unions for Collective Bargaining, companies have an obligation to supply trade unions with a copy of the annual audited accounts, such other information as is made available to shareholders and relevant information relating to pay, conditions of service, employment and productivity and that this additional information is made available to shareholders and reported on by the company's auditors on an annual basis.

Mr. Harold Walker

These Questions all touch on matters contained in the draft Code of Practice on the Disclosure of Information to Trade Unions for Collective Bargaining published by the Advisory, Conciliation and Arbitration Service on 7th July, for public comment. I will see that they are brought to the attention of the service.

Mr. Wakeham

asked the Secretary of State for Employment (1) when he expects to publish the Code of Practice on the Disclosure of Information to Trade Unions for Collective Bargaining;

(2) what steps he intends to take to ensure that trade union negotiators are trained in the understanding and interpretation of the information contained in the Code of Practice on the Disclosure of Information to Trade Unions for Collective Bargaining.

Mr. Harold Walker

I will reply to the hon. Member as soon as possible.

Mr. Wakeham

asked the Secretary of State for Employment if he will ensure that the Code of Practice on the Disclosure of Information to Trade Unions for Collective Bargaining will not lay down legal obligations on an employer to disclose information; and if he will remove the onus of defending non-disclosure from the employer thus ensuring that failure to comply with such a voluntary code will be inadmissible as evidence before the Central Arbitration Committee.

Mr. Harold Walker

Sections 17–21 of the Employment Protection Act, which are not yet in force, lay down legal obligations on an employer to disclose information for collective bargaining purposes to the trade unions recognised by him for collective bargaining. Among other things the information should be information which it would be in accordance with good industrial relations practice to disclose. It is with respect to this requirement that the Advisory, Conciliation and Arbitration Service is to produce a code of practice under Sections 6 and 17 of the Act. The code will not impose any legal obligations on an employer and failure to observe it will not of itself render him liable to any proceedings. The code is admissible in evidence if proceedings are brought before the Central Arbitration Committee concerning the legal obligations laid down by the Act. The committee is required to have regard to any provisions of the code which it considers to be relevant to the matter at issue but not so as to exclude any other relevant evidence.