Clause 22 - Employment tribunals

Part of Employment Bill – in a Public Bill Committee at 10:15 am on 6 December 2001.

Alert me about debates like this

Photo of Philip Hammond Philip Hammond Shadow Spokesperson (Trade and Industry) 10:15, 6 December 2001

The Law Society drafted the amendment, so I suppose that the hon. Gentleman can be forgiven for not checking it. As the debate proceeds, however, he may discover that that was a serious mistake. On a minor point, the amendment refers to orders made under ''this section''. The hon. Member for Weston-super-Mare may have in mind orders made under ''this subsection'', because otherwise the amendment would embrace orders made, for example, in relation to the provision for taxing and settling costs or expenses in subsection (1B). Will he indicate that he intended the amendment to refer to an order under ''this subsection'', and not ''this section''?

Substantively, the aim is to probe the Government's intention to discriminate between types of representatives. There will be other opportunities to consider the problem further, when we discuss other groups of amendments and amendment No. 14, which I and my hon. Friend the Member for Wealden (Mr. Hendry) tabled.

While the hon. Member for Weston-super-Mare reflected on the Minister's closing remarks in our last debate, it occurred to me that it is unnecessary, perhaps even perverse and detrimental to the interests of individuals who might instigate proceedings at a tribunal, to introduce this type of discrimination. I must ask myself why. Who is behind the intended discrimination? The only obvious beneficiaries would be the representatives of trade unions who appear on behalf of their members. They will, almost uniquely, be invulnerable to an award of costs, expenses, or a disallowance as a result of their behaviour in the tribunal.

As I understand the Minister, that means that it is tough luck not on the other party in the tribunal, but on the person whom they represent, because the tribunal will still have the power to award costs and expenses where an unpaid representative has behaved vexatiously or abusively. However, it will not be the representative or his wealthy trade union who will have to meet those costs, but the litigant, if I understand the Minister correctly. Will he clarify that?