Clause 24 - Conciliation
Employment Bill
6:15 pm
Mr Philip Hammond (Runnymede and Weybridge, Conservative)
I do not agree with the argument advanced by the Minister or by the hon. Member for Wolverhampton, South-West. We must distinguish between confidentiality in substance and it being able to cloak procedure and one's approach to the procedure. The hon. Gentleman does not like the word ''behave'' and I accept that the drafting of the amendment is not perfect. Clause 22 uses the phrase ''conduct of the proceedings'', so I think that a conciliation officer could report that one or both parties had conducted themselves in a way that was not conducive to serious attempts at conciliation.
I raise the issue—this builds on what we discussed in the last few debates—because there is a provision for the award of costs, which is an important safeguard for respondents. By definition, respondents do not initiate action; they are forced to defend themselves against an action initiated by someone else. The provision enabling respondents to recover costs in an unreasonable or vexatious tribunal case against which they have had to defend themselves is an important part of creating an equitable system.
With the introduction of conciliation to the process, the definition of unreasonableness should include what happens in the conciliation part of the process. After all, we are talking about an application and then a postponement for a fixed period for conciliation to take place. The conciliation period is within the overall time frame of the tribunal proceedings, so it would be fair and reasonable to consider it as part of those proceedings when it comes to the question of a party's unreasonable or vexatious conduct.
The Minister is making a bit of a mountain out of a molehill in saying that my proposal would fundamentally undermine the conciliation process. I am not suggesting that the substance of the case or the details of what happened previously that are explained to the conciliation officer should be relayed to the tribunal. To ensure equity in the tribunal's decision about awarding costs, I am suggesting merely that the officer should have the power, when he feels it necessary, to convey to the tribunal a succinct phrase relating to the conduct of one or both parties during the conciliation phase. I am disappointed that the Minister does not accept my argument.