Derek McDowell (Labour)

I move amendment No. 52:

In page 12, lines 28 to 42, to delete subsection (1) and substitute the following new subsection:

"(1) Disputes between an employer and a trade union or excepted body or his employees or his or her representatives concerning:

(a) negotiations under section 8 or 10,

(b) interpretation or operation of any agreement under section 8 or 9,

(c) interpretation or operation of the Standard Rules set out in Schedule 1 or the procedures for election of employees' representatives set out in Schedule 2, or may be referred by the employer, a trade union or excepted body, one or more than one employee or his or her representatives (or both) to the Court for investigation.".

Amendment No. 52, if accepted, would have deleted the requirement to go through the internal mechanisms before going to the Labour Court. To be honest, I have thought again about this and I have decided not to press the issue.

Amendments Nos. 56 and 58 are also in my name. There is one essential point in these amendments, namely, that they would allow a trade union to refer disputes to the Labour Court. The section as currently drafted, as far as I recall, provides simply that the employee or employee representatives would be entitled to do this. We are looking to provide that, in circumstances where there is a trade union, it would also be entitled to refer disputes to the Labour Court for determination. I will not pursue amendmentNo. 52.