Clause 27 - Practice directions
Employment Bill
9:30 am
Mr Alan Johnson (Minister of State (Employment and the Regions), Department of Trade and Industry; Kingston upon Hull West and Hessle, Labour)
Clause 27 is important to ensure the use of existing best practice throughout the country. In the ruling on Eurobell Holdings plc v. Barker, the employment appeals tribunal stated that it was undesirable for different directions to apply to different employment tribunal regions. At the moment, presidents cannot issue practice directions. The responses to ''Routes to Resolution'' were overwhelmingly in support of giving presidents the power to issue practice directions, to help provide consistency in different tribunal regions.
Only one of the organisations that responded even mentioned consultation, but I accept that, on some occasions, practice directions will not seek to extend existing best practice and will cover new ground. Sometimes, presidents may think that it is appropriate to consult. However, it is for them to judge, just as it is for employment appeal tribunals, which can issue practice directions, to decide whether to consult. Nothing in clause 27 prohibits consultation, but presidents should not be required to consult on each and every occasion, as amendment No. 41 clearly requires them to do. The regulations will clarify the position, so the amendment should be withdrawn.