Clause 17 - Information about employees to be ballotedon industrial action
Employment Relations Bill
9:30 am
Mr Henry Bellingham (North West Norfolk, Conservative)
I must declare an interest, Mr. Stevenson, which is shown in the Register of Members' Interests. I was a lawyer in a previous incarnation, and I might have taken various legal cases on this subject. I have no intention of going back to the law—unless my constituents summarily dismiss me. After my experience with the Bill, however, I might be more employable than before.
Amendments Nos. 8 and 9 are in my name and that of the hon. Member for Huntingdon (Mr. Djanogly). Proposed new subsection (2D), in subsection (4), states:
''For the purposes of subsection (2C) information is in the possession of the union if it is held, for union purposes—
(a) in a document, whether in electronic form or any other form, and
(b) in the possession or under the control of an officer or employee of the union.''
Our understanding is that that basically means the officers or employees at a union's headquarters and not at branch level. I would like the Minister to clarify that.
If branch officers are not included, it must be an oversight. The unions should have extremely efficient book keeping systems, and employers are required to provide the equivalent information. The provision makes no exception for poor administration or poor book keeping. Some employers might be concerned about that. It is up to us as legislators to consider abnormal or extreme cases. We obviously hope that they will not happen but they could in fraught situations. The concern is that, if the clause does not include a reference to branch officials, unions might be encouraged to hide information with them.
I wonder whether the Government want to restrict the provision to officers and records at a union's headquarters. That is the purpose of the amendments.