Orders of the Day — Employment Tribunals (Representation and Assistance in Discrimination Proceedings) Bill

Part of the debate – in the House of Commons at 11:37 am on 14 October 2005.

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Photo of Diana R. Johnson Diana R. Johnson Labour, Kingston upon Hull North 11:37, 14 October 2005

That raises an important issue. Some time ago I practised immigration law. There were many rogue immigration advisers about. The Government have introduced accreditation for immigration advisers so we know who is giving advice and we can make sure that they are giving good advice. There is a case to be made for the accreditation of employment advisers as well.

In conclusion, although I support the principle of legal representation in employment tribunals, I do not agree with the various clauses relating to the setting up of a board separately to deal with that. There are issues for the Legal Services Commission to examine. The clause dealing with the budget is not a sensible approach. We must be realistic and set store by value for money. It is not sensible to let bodies determine the level of funding that they want. I have problems with that clause.

Of course there must be a merits test for any case that is to be taken forward. As I started by saying, most good representatives, whether legally qualified or not, will make sure that they properly advise their clients about the case before the tribunal takes place, so that they know whether they have a good chance of success or not. I should be interested to hear about the example in Scotland. We must have regard to article 6(1) of the European convention on human rights and the opportunity for people to have a fair hearing, but the Bill is not the best way forward for employment law or employment relations in this country.