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Proceeding contribution from David Nuttall (Conservative) in the House of Commons on Friday, 22 October 2010. It occurred during Debate on bill on Lawful Industrial Action (Minor Errors) Bill.


Lawful Industrial Action (Minor Errors) Bill

My hon. Friend makes an interesting point, which we will look at in more detail when I look at the next paragraph of the subsection. The problem with the Bill is that it not only introduces the novel concept of substantial compliance, but extends the scope of the 1992 Act to cover not just the ballot but the notice provision. Therefore, it is doing two things at the same time. Incidentally, the provision also extends the number of sections to which the exemption applies, which we will look at later. May I move on to the subsection (1)(b) of section 232B, which states that the failure will be disregarded if"““the failure is accidental and on a scale which is unlikely to affect the result of the ballot””." It seems that, when the 1992 Act was amended, the then Labour Government knew exactly what they were doing. They were providing for minor errors to be discounted. In section 232B, they specifically allowed for a failure which is"““accidental and on a scale which is unlikely to affect the result of the ballot or, as the case may be, the failures are accidental and taken together are on a scale which is unlikely to affect the result of the ballot””." That seems to be straightforward and simple to understand.


Secondary information

Type
Proceeding contribution
Reference
516 c1226-7 
Session
2010-12
Chamber / Committee
House of Commons chamber
Subjects
Disclosure of information Ballots Industrial disputes Injunctions Trade unions Torts Strikes British Airways Unite
Legislation
Lawful Industrial Action (Minor Errors) Bill 2010-12
Link
View this Proceeding contribution on www.publications.parliament.uk