Agenda for Congress 2001
Congress 2001 agenda
nominations and motions for the 133rd annual Trades Union Congress 10-13 September 2001, Brighton
Section 4 promoting trade unionism and work with young people
Section 5 economic and industrial affairs
Section 6 welfare reform and pensions
Section 8 protecting people at work
Section 9 devolution and democracy
Introduction
1 Grouping committees
Where the Congress General Purposes Committee consider it necessary, unions with motions and amendments that can be grouped together will be asked to meet as a Grouping committee to see whether composite motion(s) can be agreed. Details of the time and place of the meeting will be sent to general secretaries of the unions concerned. Unions must ensure that they are represented at such meetings by an official with authority to make decisions on behalf of the union.
2 Composite motions
As a result of the work of Grouping committees and of suggestions made to the union concerned by the Congress General Purposes Committee, some of the motions and amendments printed in this agenda may be merged into composite motions and others may be withdrawn.
The first report of the Congress General Purposes Committee is printed and circulated to delegates with the composite motions. It is presented to Congress by the Committee Chair on Monday morning. The Chair of the GPC will announce any further alterations in, or deletion from, this agenda during the proceedings of Congress. Any further composite or emergency motions will be printed and circulated to delegates as soon as possible after they have been approved by the GPC.
3 Speakers
It is the responsibility of the union concerned to see that a delegate is present to move any motion or amendment standing in its name. Delegates are asked to give their own name and the name of their union at the start of the speech.
4 Timing of speeches
Subject to the terms of any alternative or suspension by Congress of the Standing Orders, the mover of a motion will be allowed five minutes, the seconder three, and each succeeding speaker three minutes. A delegate shall not speak more than once on a question, except the mover of the original proposition, who shall have the right of reply. A green light will appear on the rostrum at the start of each speaker’s time. One minute before the end of the time allowed a yellow light will appear and at the end of the permitted time a red light will appear.
5 Telling
The arrangements for Telling are made in the light of the number and the position of the seats allotted to each delegation. Delegates in charge of voting cards can therefore help in the taking of card votes by remaining during the vote in the places originally allotted them in the seating plan (Congress Guide).
6 Rules
The Rules and Standing Orders of the TUC are printed in the General Council Report.
7 Order of business
A programme of business indicating the order in which motions and paragraphs of the General Council Report are to be taken will be printed in the Congress Guide which is circulated to delegates by the beginning of Congress. The programme is only provisional but will be adhered to as closely as the circumstances of Congress permit.
Section one, rights at work
1 EMPLOYMENT LEGISLATION
Congress welcomes the Labour Government’s manifesto commitment to review the Employment Relations Act and in particular to improve legislation in respect of family-friendly employment.
Congress demands that workers in the UK are treated no less favourably than their European colleagues, and that UK employment legislation is improved to equal standards existing elsewhere in Europe.
Congress therefore calls upon the Government to introduce immediately a review of the Employment Relations Act, and to continue to develop and improve employment rights, including:
i) the removal of the 21 employee statutory recognition threshold, and the requirement for a 40% yes vote in recognition ballots;
ii) automatic recognition awarded where union membership is at 50% plus one within a bargaining unit, without the existing qualifications;
iii) legislation that ensures all employment rights apply to all employees, regardless of length of service, hours worked, contractual status, or the size of the company where individuals are employed;
iv) the right to automatic reinstatement for all employees unlawfully dismissed for taking part in industrial disputes, and the removal of the eight-week limitation beyond which a dispute may be deemed unlawful; and
v) ratification and compliance with all ILO conventions, especially the right for workers to take solidarity action where employers transfer work to circumvent lawful disputes.
Congress commits itself vigorously to campaign on these issues in order to achieve real ‘fairness at work’ for all workers within the UK.
Graphical, Paper and Media Union
AMENDMENT
Insert new paragraph 4:
'Congress will campaign to remove the requirement on unions to provide ‘such information in the union’s possession as would help the employer to make plans’ when organising lawful industrial action since it places an almost impossible obstacle course in the way of unions endorsing members right to strike.'
NATFHE - The University and College Lecturers’ Union
AMENDMENT
In sub-paragraph iv), line 3, after 'and' insert:
'in light of the 87 workers in Friction Dynamics who were sacked eight weeks after a lawful industrial action ballot'.
In sub-paragraph iv), line 4, delete 'removal of the' and after 'limitation' insert
'be removed.'
In sub-paragraph iv), lines 5 and 6, delete 'beyond which a dispute may be deemed unlawful; and'.
Insert new sub-paragraphs vi) to viii):
vi) statutory right to internal disciplinary and grievance procedures;
vii) oppose fees for employment tribunals; and
viii) rights to admit or exclude members in line with union rules.
Transport and General Workers’ Union
2 TRADE UNION RIGHTS
Congress acknowledges the limited measures taken by the Labour Government to extend employment rights.
However, Congress regrets that in the Prime Minister’s own words British law remains 'the most restrictive on trade unions in the Western world". Recent court judgements on the definition of a trade dispute and industrial action balloting requirements have made the situation even worse.
The UK remains in breach of internationally accepted standards on trade union rights including ILO Conventions 87 and 98 and, more specifically the European Charter of 1961, article 8 of which provides for the right to strike. To prevent the UK being once again criticised for failure to comply with those standards, Congress resolves that the following measures are required:
i) the blanket prohibition on all forms of secondary action must be removed;
ii) the definition of a trade dispute must be broadened to include social, economic and political issues;
iii) the law should be amended so that the contract of employment is suspended during a dispute rather than leading to an automatic breach of contract and the possibility of dismissal; and
iv) there should be a right not to be discriminated against on grounds of union membership together with the right to be represented by a union and seek collective bargaining.
Congress calls on affiliates to support the Charter of Trade Union Rights, published by the Institute of Employment Rights in March 2001, and the General Council to lobby the Government for the necessary legislative change.
UNISON
AMENDMENT
Delete final paragraph and insert:
'Congress welcomes the Information and Consultation Rights and urges the General Council to ensure:
a) recognised unions have exclusive rights to information and consultation; and
b) where no union is recognised, employers must establish permanent, democratically-elected bodies to inform and consult the workforce, but not being used to block statutory recognition applications.'
Union of Shop, Distributive and Allied Workers
3 EMPLOYMENT RIGHTS
Congress welcomes the implementation of the Employment Relations Act and welcomes progress made in certain areas of employment rights.
Congress notes, however, that aspects of the Act are causing problems for affiliated unions and are not achieving 'Fairness at Work'. Particular issues include the:
i) exclusion of small businesses from the recognition legislation;
ii) 40 per cent 'yes' vote requirement for statutory recognition ballots;
iii) inadequacies of the de-recognition provisions for non-independent unions;
iv) arbitrary eight week cut-off for protection against unfair dismissal for workers taking lawful industrial action;
v) new provisions for providing information to employers when taking industrial action;
vi) failure to achieve any substantial simplification of the onerous requirements on unions in the area of industrial action; and
vii) failure to bring into force the provision to confer employment status on groups of workers who are currently excluded e.g. agency workers, and the provisions on 'blacklisting'.
Congress is concerned also at certain employment practices pursued by some employers.
Congress is also opposed to government proposals to introduce costs recovery in Employment Tribunals, and a fee for submitting an application to an Employment Tribunal.
Congress instructs the General Council to:
a) campaign vigorously to ensure the Government reviews the Employment Relations Act and related legislation to achieve the aims of this policy;
b) oppose the introduction of a registration fee and costs recovery in Employment Tribunals; and
c) ensure that the effect of the Information and Consultation Directive is to enhance organising opportunities for unions in all workplaces.
Educational Institute of Scotland
4 TRADE UNION LEGISLATION
Congress is alarmed at the recent court decisions in the cases between the RMT and London Underground and Midland Main Line, and the implications that this has for the whole trade union movement. Despite a ballot that produced a 9-to-1 majority in favour of industrial action, the company sought and were granted an injunction at the High Court, claiming that they had not been provided with sufficient information about RMT’s membership.
Congress believes that the effect of this ruling, and the decision of the Court of Appeal to uphold it, putting responsibility on unions locally as well as nationally, is to thwart the clear intention of the Employment Relations Act 1999 to remove the obligation to provide the names and addresses of those taking industrial action.
Congress notes that in the second case, relating to Midland Main Line, a small group of persons who were not identified as being in the grades being balloted or were considered to be out of benefit, were involved.
Congress deplores the willingness of employers to engage in court action but not in meaningful negotiations that might resolve disputes. When members are prevented from taking industrial action by petty procedural/legal points it does nothing to enhance good industrial relations.
Congress calls upon the Government to legislate, as a matter of urgency, to amend the 1999 ERA, to reverse the effects of the Court of Appeal judgement and introduce a framework of industrial relations legislation for the benefit of working people.
National Union of Rail, Maritime and Transport Workers
AMENDMENT
Insert new paragraph 5:
'Congress condemns the £180,000 in costs incurred by the RMT in fighting the court cases; congratulates the magnificent solidarity shown by RMT and ASLEF members on London Underground during the dispute; and calls upon affiliates to subscribe to and support the 'Reclaim Our Rights Campaign'.'
National Union of Rail, Maritime and Transport Workers
5 EMPLOYMENT RIGHTS
Congress affirms that a major objective for the TUC is to be united in policy and purpose to enable us to campaign effectively in an organised and united way. Affiliates must obey all internal TUC rules and practices and adhere to core trade union principles.
Congress further affirms that advancing meaningful trade union and employment rights is a priority for an organised and united campaign led by the TUC.
Congress therefore calls on the General Council to initiate a campaign with other organisations to establish a Charter of Workers’ Rights in the UK. The Charter should meet the international standards laid down in Europe and by the ILO Charter, the repeal of anti-union laws, the right to strike, the right to secondary action, the right to time off for trade union activity, paid-for family leave, employment rights from day one, statutory activity, paid-for family leave, employment rights from day one, statutory minimum redundancy payment of four weeks per year of service and the right of employment tribunals to instruct successful applicants to be reinstated.
The Charter should encompass the following principles:
i) equality of opportunity of employment for all - the right to work;
ii) full employment;
iii) full employment rights from day one for all;
iv) repeal of oppressive and restrictive trade union legislation;
v) compliance with the highest international conventions and standards; and
vi) the principle of the right of trade unionists to be represented collectively and individually by their trade union.
National Union of Journalists
AMENDMENT
Insert new paragraph 4:
'The General Council be instructed to make this charter of employment rights a fundamental task of the work and campaigning activity of the TUC. All affiliates be urged to promote this activity among its wider membership to gain mass support for the legislative changes required.'
Associated Society of Locomotive Engineers and Firemen
6 EMPLOYMENT RIGHTS
Congress notes the passage of Composite Motion 1 at the 2000 meeting of Congress and believes that, following the recent General Election, there is no better time to pursue Congress’s policies on extending employment rights in the UK.
Congress believes that additional changes are required to current legislation, which, albeit improved, still falls well behind those protections enjoyed by other citizens of Europe. Therefore, Congress calls for:
i) the removal of the 21 employee statutory recognition threshold which denies five million workers the right to claim statutory recognition;
ii) employment rights for all from the first day of employment;
iii) statutory consultation on redundancies and closures regardless of numbers involved or employed;
iv) every worker to have the right to be represented individually and collectively on all matters related to his/her employment;
v) a new statutory right for trade union officials to have reasonable access to any workplace within their union’s area of organisation for purposes of recruitment;
vi) workers to have the right to time off for trade union duties;
vii) parental leave and family-friendly policies to be based on paid time off; and
viii) a joint government/TUC review of restrictions placed on trade unions under law over their election/appointment procedures, with a view to ending the more restrictive and costly requirements of the Act.
Congress instructs the General Council to pursue these matters with the utmost urgency.
Equity
7 STRATEGIC NATIONAL INTERESTS
Congress notes with deep concern recent instances of managements of privatised companies in the railways, steel, telecommunications and other strategic sectors of the economy bringing their industries to the brink of disaster to the significant detriment of wide public interests. Congress notes too that companies in these sectors have shown scant respect for the dignity of their employees by denying them a voice in decisions which signally bear on their employment security and their families’ welfare as well as a lack of attention to the safety of their employees and customers.
Recognising that governments of several other European Union countries as well as the US Government maintain residual powers -consistent with obligations under international treaties - to safeguard national interests in such areas as defence, the economy, and employment, Congress calls on the Government to take powers to ensure that:
i) it and employees concerned are properly informed of, and consulted in advance about, plans involving the possibility of the closure of manufacturing or other industrial enterprises, plants, or other establishments when such closures might impair seriously strategic economic or defence interests;
ii) it can delay the application of such decisions by companies if - in the judgement of Parliament - they put national strategic interests in jeopardy; and
iii) planned closures of plants employing large numbers of people are brought to an independent tribunal to guarantee transparency in regard to the intentions of management.
ISTC - The Community Union
8 CONSULTATION
Congress welcomes the draft Directive on Information and Consultation agreed at the European Employment and Social Policy Council meeting in Stockholm in June this year.
Congress notes that the UK financial services sector has seen an unprecedented level of merger activity in recent years which has lead to not only thousands of job losses but to heightened fears of redundancies for those still in employment.
Congress calls upon all employers, in financial services and elsewhere, to welcome the new right for employees to find out company plans before they have been made public, and to have their views listened to, as a major opportunity to strengthen existing partnerships and enhance security of employment.
Independent Union of Halifax Staff
AMENDMENT
Insert new final paragraph:
'To maximise the Directive’s effectiveness, Congress calls upon the General Council to campaign for implementation arrangements, underpinned by sanctions for non-compliance, which ensure that
i) where unions are recognised, these are the appropriate channel for information/consultation; and
ii) in non-recognised workplaces, employers must hold free and fair elections for independent workplace representatives.'
Chartered Society of Physiotherapists
AMENDMENT
Insert new final paragraph:
'Congress nevertheless has concerns about the application of the Directive in the UK and calls on the Government to apply the Directive:
i) equally to the public sector;
ii) at the earliest possible stage for all employers, including small employers; and
iii) specifying recognised trade unions as relevant partners.'
NAPO
AMENDMENT
Insert new final paragraph:
'Congress believes that the Directive should be quickly implemented, that it should be fully transposed with no dilutions or exceptions and that effective remedies are vital. Congress further recognises the need for training workplace representatives to ensure that consultation does not undermine the trade union role.'
Manufacturing Science Finance
9 APPLICATION FEES FOR EMPLOYMENT TRIBUNALS
Congress welcomes the commitment given by the Government before the general election to review the Employment Relations Act.
Congress opposes, however, the Government’s proposal to introduce a fee for submitting an application to an Employment Tribunal, as this will not only penalise low paid and unemployed workers, but also clearly undermines the principle of equal access to justice for all. Congress is also concerned about the proposed introduction of costs recovery in Employment Tribunals.
Congress, therefore, calls upon the General Council to lobby the Government to ensure that the review of the Employment Relations Act takes place as promised, and vigorously to lead a campaign of opposition to the introduction of registration fees.
Nationwide Group Staff Union
AMENDMENT
In paragraph 2, lines 7 to 9, delete the final sentence and insert:
'Congress also has concerns about other aspects of the proposals for Employment Tribunals, including:
i) the introduction of costs recovery; and
ii) the removal of the Polkey principle in order to allow tribunals to disregard procedural breaches by employers.'
In paragraph 3, lines 5 and 6, delete 'the introduction of registration fees' and insert: 'all aspects of the proposals for Employment Tribunals which disadvantage applicants.'
National Association of Schoolmasters Union of Women Teachers
AMENDMENT
Insert new paragraph 3:
'Congress opposes the one-sided plans to:
i) add the cost of management time in defending cases to costs awards against applicants;
iii) penalise workers by barring applications when workplace procedures are not followed; but
iv) excuse employers’ breaches of procedures, reversing current law and encouraging employers to disregard basic standards.'
GMB
10 EMPLOYMENT TRIBUNAL FEES
Congress opposes the Government’s proposal to introduce a fee for submitting an application to an Employment Tribunal which will penalise low paid and unemployed workers and breaches the principle of equal access to justice for all.
UBAC
AMENDMENT
Insert new second paragraph:
'Congress, however, welcomes the Government’s recognition that rather than having to rely on the tribunal system it would be far preferable to strengthen internal procedures for resolving employment disputes. Too many employers have no effective workplace procedures. Congress supports the Government’s proposal to require employers to establish proper arrangements.'
KFAT
11 ANTI-TRADE UNION LEGISLATION
Congress calls on the New Labour Government to repeal all anti-union laws introduced since 1979 to date and introduce positive trade union rights in line with ILO Conventions and the United Nations Charter. Congress also declares its full support for all trade unions who adopt a policy of non-compliance with laws which have been designed to render trade union rule books ineffective, thereby denying the democratic rights of trade union members.
National Union of Mineworkers
12 CALL CENTRES
Congress recognises the many problems existing for workers in the UK’s 5,000 call centres. Congress applauds campaigns like ‘It’s your Call', which raised these issues’ profile. Now this must be used to ensure that the appalling experiences we heard about are never repeated.
Continuity of union membership is particularly difficult in call centre organisations due to the high staff turnover. With union penetration of only 44%, efforts must be made to retain existing union members when they change jobs.
Congress particularly notes the problems facing agency workers whose conditions of employment often don’t even match the relatively poor level of their colleagues. They do the same work, meet the same targets but endure worse rates of pay, worse protection and worse prospects. Agency workers have fewer rights than others and the inconsistency of management and conditions makes it difficult to get mortgages and pensions. Even with the provision of stakeholder pensions, some workers are still not able to make pension contributions due to their poverty wages.
Congress therefore instructs the General Council to:
i) encourage the development of membership transferability schemes such as the CWU-UNIFI 'Movin’ On' agreement;
ii) campaign for equality of rights for agency workers including the right to take part in industrial action against the indirect employer;
iii) promote the implementation of Best Practice codes on the use of agency workers and the management of call centres; and
iv) campaign for better pension provision for those on low incomes.
Communication Workers Union
AMENDMENT
Insert new paragraph 2:
'Congress has a responsibility to ensure that these workers are organised, able to address their problems through trade unions, and to avoid inter-union competition which is contrary to the workers best interests.'
Insert new sub-paragraph ii) and re-number existing sub paragraphs ii) to iv) as iii) to v):
'ii) ensure the unionisation of call centres is effectively co-ordinated, taking necessary steps to avoid inter-union competition,'.
Transport Salaried Staffs’ Association
13 AGAINST CASUALISED EMPLOYMENT PRACTICES
Congress welcomes the legislation giving part-time and fixed-term workers improved employment rights and protection from discrimination. However it has concerns about the inadequacies and loopholes in the domestic regulations implementing European directives covering such workers. Congress believes adequate rights for these workers are not incompatible with flexibility for employers.
Under the part-time workers regulations, workers may compare themselves only with full-time workers on the same contract and with the same employer. This excludes the vast majority of part-time teachers in universities, colleges, adult education and many of the lowest paid workers in other industries from pursuing legal remedies against adverse treatment.
The fixed-term workers regulations also restrict temporary workers to comparing themselves only with permanent employees of the same employer. Agency workers are specifically excluded from the provisions.
Congress deplores the continuing use of employment agencies to circumvent the employment rights of workers. It welcomes the recent Court of Appeal Judgement (Allonby v Accrington College - extending employment rights for agency workers and referring equal pay and pensions questions to the ECJ) and the BECTU decision of the ECJ on holiday pay for short contract workers.
Congress will campaign for the Government to:
i) make the case to business for good legal and negotiated employment rights for all workers;
ii) ensure that domestic legislation following European Directives gives full comparable rights to all part-time and agency workers; and
iii) use its powers under section 23 of the Employment Relations Act to extend employment rights to ‘atypical workers’.
NATFHE - The University and College Lecturers’ Union
AMENDMENT
Insert new sub-paragraphs iv) and v):
'iv) ensure that UK regulations achieve the EU directive objective to prevent the abuse of fixed term contracts by ensuring that employment under such contracts cannot continue beyond an initial specified period; and
v) ensure that employers can no longer require workers on fixed term contracts to waive rights to redundancy payments.'
Association of University Teachers
14 PRISONER POPULATION
Congress condemns the continued rise in the prisoner population and the use of imprisonment as the only option to be 'tough on crime'.
Further, Congress expects that the Government recognise the need to ensure that the act of imprisonment is not used as a political statement rather than as a punishment, is part of the rehabilitative process and remains the responsibility of the State.
Prison Officers’ Association
AMENDMENT
In paragraph 1, line 2, after 'population' insert:
', including a substantial increase in the number of children in custody,'.
Insert new paragraph 2:
'Congress calls on the TUC to press the Government to adopt criminal justice policies that deliver effective rehabilitation through properly funded probation and community based programmes and actively pursue policies that address the causes of crime and social exclusion.'
NAPO
15 CRIMINAL JUSTICE
Congress welcomes the Government’s commitment to reducing crime and the fear of crime. Congress supports the Government’s aim to develop the principles of restorative justice, so that offenders are challenged to face up to the impact of their offending behaviour and are dealt with in a manner which includes recompense to the community. However, Congress deplores the trend towards court hearing centres and the undermining of community based local justice. Congress calls upon the Government to respect and uphold lay participation in the criminal justice system by magistrates and jurors, and abandon any further attempts to restrict or remove the right to elect trial by jury.
Association of Magisterial Officers
16 LIVING WILLS
Congress is disappointed about the lack of publicity on the issue of Living Wills.
Furthermore, Congress is concerned that, although that part of a Living Will which deals with a person’s wishes about medical treatment is legally binding in the UK, the part that deals with the appointment of a Health Care Proxy, who would act on the patient’s behalf should there be a dispute, is only legally binding in Scotland and not in the rest of the UK. This means that the only legally acceptable 'next of kin' would be a blood relative or spouse and, as such, could discriminate against same sex partners.
Congress calls upon General Council and affiliates to:
i) campaign to make all aspects of Living Wills legally binding in the UK as soon as possible; and
ii) raise awareness of the issues involved in making a Living Will among members and provide information and guidance on their use.
- The Society of Radiographers
Section 2 equality
17 PROMOTING EQUALITY AND DIVERSITY
Congress welcomes the Government’s commitment to promote equality and diversity. This must go beyond anti-discrimination measures and tackle organisational practices, processes and culture, and individual and group attitudes and behaviours.
Government has accepted its responsibility to be an exemplary employer, in e.g. the civil service and the NHS. Congress now urges it to:
i) demonstrate this commitment to best practice by going beyond the minimum requirements and institute more flexible and paid parental leave;
ii) review the delivery of the civil service partnership agreement on race;
iii) institute comprehensive programmes of equality for disabled staff; and
iv) implement the recommendations of the report Equality in Performance Review which demonstrated systematic disadvantage for black, Asian and disabled civil servants.
Congress reaffirms the positive role of trade unions in achieving equality in employment, and in advancing equal opportunities more widely. We particularly applaud the work of the TUC Stephen Lawrence Task Group.
Congress resolves to:
a) urge affiliates to fully participate in the TUC/DTI equal pay partnership project;
b) continue to press the Government to legislate for paid parental leave, and the right for women to work part time after maternity leave;
c) develop TUC and affiliates’ internal structures that support equal opportunity and promote diversity in membership and support changes to TUC and affiliates’ constitutions and rules, including annual equality audits, to effect this; and
d) support a new TUC award for achievements in equality, details to be prepared by the General Council in the coming year.
FDA
AMENDMENT
Insert new sub-paragraph c) and re-number existing c) and d) as d) and e):
'c) welcome the new rights to paid paternity leave and adoption leave but to press the Government not to exclude workers earning under the Lower Earnings Limit from these valuable rights; and'.
Union of Shop, Distributive and Allied Workers
AMENDMENT
Insert new paragraph 3:
'Congress welcomes the Government’s acceptance of the TUC position on the parental leave directive and Labour’s manifesto commitments to improved child care and other family friendly measures.'
In sub-paragraph a), line 2, after 'project' add:
'on the understanding that action, not exhortation, is now required to close the gender pay gap;'.
GMB
AMENDMENT
Insert new final paragraph:
'Congress also recognises the relatively low-key response to the Shipman murders, which went unnoticed for so long, which indicates the low value society places on older women. Congress will combat the ageism and misogyny that leads to the near-invisibility of older women, and the disregard of their contribution.'
NATFHE - The University and College Lecturers’ Union
18 EQUAL PAY
Congress is concerned that despite 30 years of equal pay legislation the statistics on the gender pay gap show that on average women continue to earn only about 80 per cent of men’s earnings. In many sectors the pay gap is even wider.
Congress is further concerned that the pay gap is both concealed and perpetuated by individualised performance-related pay in the context of broad-banded salary structures and by employers’ enthusiasm for US-style workplace policies discouraging employees from exchanging information about their earnings.
Congress believes it is now time for concerted action to win equal pay for the many thousands of women who deserve to be earning a decent wage that is comparable to the wages men can expect to take home.
Congress calls on the TUC to institute a programme building on the 2000 campaign, including:
i) equal pay monitoring guidance for affiliates drawing on the EOC Task Force Report etc; and
ii) a working seminar/conference for affiliates on monitoring of equality in pay systems.
Congress calls on the TUC to lobby Government to legislate to:
a) reform equal pay legislation in line with TUC recommendations, including allowing class actions;
b) require employers to carry out equality impact assessments and pay audits periodically;
c) subsequently produce a pay equity plan based on job classes, not individuals;
d) ensure that job classes in which women predominate are properly evaluated, on the basis of their contribution, to avoid inadvertent or indirect perpetuation of pay discrimination;
e) implement the plan to remove the gender pay gap, over a period of time if necessary; and
f) involve unions throughout this process.
Congress further notes the link between low pay and equal pay. Given that many low paid workers are women, Conference calls on the Government to ensure that its pay awards do not exacerbate low and equal pay problems and to re-introduce a fair wages resolution to protect pay rates for workers in public services.
Congress also recognises that a minimum wage set at an appropriate level would lead to the earliest possible equalisation of pay. It therefore calls on the TUC to further lobby Government to give a commitment to close the gender pay gap by raising the National Minimum Wage to half male median earnings.
Finally, Congress believes that the TUC can play a valuable role in supporting the efforts of individual unions to raise awareness of the issue of equal pay, aimed at encouraging women workers to challenge unfair treatment.
Graphical, Paper and Media Union
(Motion selected by the 2001 Women’s Conference for submission to Congress - exempt, under rule 23f, from 250 word limit)
19 EQUAL PAY AUDITS
Congress notes the persistent pay gap between men and women and white people and black people who work in managerial and professional occupations.
In particular, Congress recognises the double discrimination faced by women and black people in managerial and professional occupations. Women and black people are significantly under-represented in managerial and professional occupations (30% and 25% of these occupations respectively) in comparison to men (over 40% of these occupations). Women and black people are also routinely paid less than their male and white counterparts (33% less and over 20% less respectively).
Congress is concerned that trends towards secrecy, a lack of transparency and individualised pay packages have a particularly negative impact on the earnings of women and black people employed as managers and professionals.
Congress welcomes the TUC/Union Learning Fund project to train 500 equal pay reps in which MSF is a partner, and also calls for government to legislate for, and unions to negotiate in public and private sector workplaces, the following:
i) mandatory pay audits to include all forms of pay basic pay, discretionary pay, performance related and bonus pay, enhanced pensions, health insurance, cars, and other pay related benefits;
ii) publication of the findings to recognised trade union reps and employees in an accessible format;
iii) mandatory auditing of recruitment, training and promotion practices; and
iv) target setting where auditing reveals certain groups are under-represented in professional and management grades.
Manufacturing Science Finance
20 EQUALITY IN PAY SYSTEMS
Congress recognises there is still a very long way to go towards achieving equal pay in the workplace. Congress recognises the work done by the EOC Equal Pay task force in drawing attention to the scale of the challenge in bridging that gap. However, Congress regrets the Government’s failure to accept the recommendations of the task force on the need for compulsory equal pay audits.
Congress is also concerned by the continuing evidence that black and ethnic minority workers are discriminated against in appraisal systems which involve subjective assessments by line managers. This will affect performance pay reviews, bonuses and promotion and career development prospects. As ever more workers are covered by performance pay systems, the extent of such discrimination is likely to grow. Moreover, because many of these pay systems lack transparency or are inadequately monitored, discrimination can remain hidden.
Congress instructs the General Council to:
i) press for new equal pay legislation which addresses the weaknesses in the current legislation whilst allowing for claims to be dealt with more speedily and to be brought on a ‘class’ basis;
ii) campaign for a legal obligation on all employers to produce an annual equal pay audit with a right for unions to be involved in this process;
iii) press the CRE for a new code of practice which makes specific reference to discrimination within performance related pay systems; and
iv) encourage the sharing of best practice amongst affiliates in identifying and challenging the different types of discrimination found in pay systems.
CONNECT
AMENDMENT
Insert new sub-paragraph v):
'v) ensure that TUC and other guidance on equal pay audits include all aspects of inequality including both race and disability as well as gender.'
Institution of Professionals, Managers and Specialists
21 PART-TIME WORKING
Congress notes that approximately one-quarter of all workers now work less than full-time hours, 82% of whom are women.
Despite these figures, a significant proportion of workers are still not able to secure the hours they need to properly combine work with domestic or other responsibilities. Moreover, discrimination against part-time workers in terms of both pay arrangements and access to training and career opportunities is still rife.
Congress calls on the General Council to:
i) monitor the impact of the Part-Time Workers Regulations 2000 to identify whether they are making any real difference to the way in which part-time workers are being treated;
ii) work with the new national Task Force with the goal of securing for working parents the right to work reduced hours;
iii) continue to lobby the Government to extend the scope for part-time workers to make comparisons with full-time workers to ensure proper compliance with the European Directive on Part Time Work;
iv) press the case for part-time workers to receive the same overtime rates as full-time workers for all hours worked over and above contracted hours, together with fairer access to bank holidays; and
v) promote widely the value of employers and unions working together to ensure both greater access to part-time working opportunities and full-time rights for part-time workers.
Chartered Society of Physiotherapy
AMENDMENT
Insert new sub-paragraph vi):
'vi) press for the right of women workers to return to work part time following maternity leave; this to be a legal right.'
National Union of Journalists
22 RACISM
Congress is dismayed and alarmed by the recent race riots in Oldham, Burnley, Bradford, Leeds and Stoke on Trent.
These disturbances illustrate the endemic racism that continues to blight communities across the UK.
Congress notes that the United Nations Committee for the Elimination of Racial Discrimination report on the UK (August 2000) continues to express concern about the UK and in particular a concern that the Government is failing to take the lead in sending out positive messages about asylum seekers and protecting them from racial harassment which has led to an increase in racial attacks against both asylum seekers and established black communities.
The Committee also noted with concern the continued high level of unemployment among ethnic minority groups. The Committee recommends that the Government intensify its efforts to ensure full enjoyment of all basic rights, without discrimination, giving particular attention to the rights to employment, housing and health.
However, Congress believes that, in order to ensure that the UK becomes a truly diverse and inclusive society, the Government needs to provide strong leadership in the struggle against racism by signing up to Article 14 of the UN Convention for the Elimination of Racial Discrimination which allows the right of individual petition.
Congress further calls upon the General Council to continue to encourage unions to support those fighting racism both in UK institutions and in local communities.
Independent Union of Halifax Staff
AMENDMENT
In paragraph 1, line 2, delete 'race riots' and insert 'civil disturbances'.
In paragraph 4, line 8, after'health.' add:
'Congress calls on the Government to redouble efforts to urgently increase public sector investment in deprived inner city areas and to ensure that all public authorities implement effective anti-racist policies, particularly in recruitment and promotion practices.'
Fire Brigades Union
AMENDMENT
In paragraph 4, line 7, after 'employment,' insert 'education and training,'.
Association of University Teachers
23 ANTI-DISCRIMINATION LEGISLATION
Congress notes the positive piecemeal changes in the law and our rights as lesbian and gay and bisexual citizens since 1997.
Congress welcomes the Labour Government’s commitment to introduce the European Directive on equality in employment by 2003, however it urges the Government to take steps immediately and implement the Directive by:
i) introducing comprehensive anti-discrimination legislationwhich gives us equal civil rights as well as rights in employment - this should include a civil registration of partnerships with equivalent rights and responsibilities to marriage; and
ii) ensuring that the scope of the legislation introduced is equivalent to the legislation in matters of race, sex and disability.
Congress calls on the TUC to:
a) investigate using the Human Rights Act as part of its campaign against discrimination on the grounds of sexual orientation;
b) reinvigorate the campaign to urge the Government to abolish Section 28; and
c) co-ordinate work with the teacher unions to develop a campaign against homophobic bullying of all staff and pupils in schools.
Communication Workers’ Union
(Motion selected by the 2001 Lesbian and Gay Conference for submission to Congress)
AMENDMENT
Insert new final paragraph:
'Congress further calls on the Government to provide funding for the monitoring of employment practices (with regard to gender and generational balance, ethnicity and disability) so as to officially assess the degree to which the spectrum of the UK population is proportionally reflected in places of work.'
Equity
24 DISABILITY MATTERS
Congress welcomes the continuous advance in the TUC’s handling of disability matters and the extension of the annual conference for disabled working people to two days. Congress notes with concern, however, that it will be difficult for the conference in December, in considering its motion for the following Congress, to identify issues which will still be priorities some nine months ahead. Congress recognises that it is difficult to change dates, and proposes that the conferences concerned with promoting equality be alternated in future around their present dates in order to minimize the detrimental effect on any one of the groups of people concerned.
Conference congratulates the National Trade Union Supported Employment Committee for maintaining its high profile work in advancing and protecting the interests of disabled trade union members employed on the new Work Step programme, and pledges continuing support for an expansion of jobs in the programme.
Conference notes with deep concern the Government’s failure to consult with trade unions and other organisations of disabled people before its sudden announcement in July of changes in the arrangements for payment of incapacity benefits. Congress calls on the Government to switch the focus of its concern to the needs of many thousands of disabled people who do not claim benefits for which they are eligible, and to ensure that they are made fully aware of their rights and are encouraged to claim accordingly.
ISTC - The Community Union
Section 3 europe
25 EUROPEAN UNION
Congress demands action to stem the continuing loss of UK manufacturing jobs which is due largely to the high value of the pound against the euro. UK competitiveness is worsened also by too little training, insufficient investment and an inadequate industrial policy. Congress notes that the UK already meets many of the economic criteria laid down by the Chancellor. It insists that the Treasury press ahead with its assessment of UK readiness to join the eurozone so that a clear recommendation in favour of the UK adopting the euro can be placed before the British people in a 2002 referendum. Congress recognises that a clear pro-euro stance by the Government would help bring the pound down to a more competitive level.
Congress calls on the General Council to argue also for a positive EU social agenda as part of Britain’s European debate, and congratulates BECTU on its success in respect of paid annual leave. Congress regrets the reluctance of the Government to accept proposals to establish common EU social standards and employment protection levels.
Congress welcomes the efforts of the European TUC to improve the proposals on information and consultation rights agreed by member states in June 2001. In particular Congress calls for the delay before those proposals take effect in the UK to be cut, for sanctions on firms that fail to meet their obligations to be strengthened, and for the proposals to be extended to include the public sector.
GMB
AMENDMENT
In paragraph 2, line 8, after 'levels.' insert:
'This reflects and encourages short-termism in British Industry. It calls on the Government to examine jointly with the trade union movement the association of enhanced information and consultation rights with higher investment rates and higher productivity in France and Germany.'
ISTC - The Community Union
26 EUROPE
Congress demands urgent action to reduce the massive loss of jobs in the manufacturing sector, mainly due to the relationship of the pound to the euro.
Congress notes that many of the Chancellor’s five economic criteria for the UK to join the euro have already been fulfilled. Congress therefore calls upon the Government to seize the opportunity, and to announce at the earliest possible moment the date of a referendum on joining the euro.
To obtain the support of working people in the UK for a positive vote in the referendum, Congress calls upon the Government to give assurances that it will support and develop the European social agenda.
In particular Congress seeks assurances from the Government that it will:
i) conduct a review of existing UK laws implementing European social legislation, in a manneraimed at improving their effectiveness and closing existing loopholes;
ii) encourage the European Commission to proceed with its planned revision of the European Works Councils Directive;
iii) help support and develop the European Social Dialogue at all levels;
iv) support the incorporation of the European Charter of Fundamental rights into the European Treaties; and
v) develop tripartite structures at national level to bring the UK into line with the best European practices.
These assurances were not contained within the Labour Party Manifesto and are an essential pre-requisite for Congress actively to campaign for a ‘yes’ vote in the referendum.
Graphical, Paper and Media Union
27 EUROPE
Congress welcomes the efforts of the European TUC to accept proposals to establish common EU social standards and employment protection levels; and to improve information and consultation rights, but regrets the UK Government’s decision to delay their introduction.
But Congress once again calls for positive action to curtail the loss of jobs in the manufacturing sector. In order to maintain employment, industries like clothing and footwear need to compete on a level playing field with their European competitors, particularly in the quality and added-value end of the market.
As such, Congress believes the Government must press ahead with its assessment of the criteria for European monetary union so that a clear recommendation in favour of the UK joining can be put to the British people in an early referendum.
Congress recognises that this would help ensure that the pound comes down to a more competitive level as far as manufacturing is concerned. Other European countries which are benefiting against the UK because of the current exchange rate are already taking action to improve competitiveness themselves, and the current imbalance will only serve to harm the manufacturing sector.
Congress, therefore, calls on the General Council to campaign positively for the euro, at the same time ensuring that trade unionists in particular understand how important the European Social Agenda is to ordinary working people.
KFAT
AMENDMENT
In paragraph 3, line 2, after ''with its’ insert:
'European economic reform agenda and its rigorous'.
In paragraph 3, line 6, delete full stop and insert:
'after the sustainable alignment of the economy with the Government’s five economic tests. Congress also acknowledges that EMU has a political dimension and that any failure to address this issue will undermine any attempt to make the economic case for UK membership.'
Transport and General Workers’ Union
28 EU ENLARGEMENT
Whilst welcoming the basic principles underlying the planned enlargement of the European Union, Congress expresses concern that this could lead to ‘social dumping’ of seafarers from lower-cost labour-supplying countries, such as Poland, on ferries operating passenger services within the EU.
Congress notes that currently only about 2% of the seafarers serving on intra-European passenger ferries are non-EU nationals. This sector is therefore vital to the employment and conditions of thousands of existing European seafarers and it is essential that enlargement is achieved with the effect of leveling up, rather than leveling down, conditions of employment.
Congress therefore urges the Government to:
i) ensure that measures are taken at the European Union level to protect intra-European ferry services from destructive competition based on the use of cheaper crews;
ii) develop a strategy that would ensure that employers of seafarers on all ships trading within the European Union are required to pay wages at the European level appropriate to the countries served by the ships involved; and
iii) take steps, as part of the EU enlargement process, to ensure that employers do not use cheaper crews from candidate countries or elsewhere to displace existing European seafarers.
National Union of Marine, Aviation and Shipping Transport Officers
Section 4 promoting trade unionism and work with young people
29 PUBLIC PROFILE OF TRADE UNIONS IN BRITAIN
Congress notes there is an urgent need to increase the positive public profile of trade unions in Britain.
Congress calls upon the General Council to embark upon a memorable national TV advertising campaign similar to that recently organised by UNISON.
As part of the campaign the General Council should highlight the many successes and achievements of the TUC and affiliated unions, including the victory to secure holiday rights for all workers from day one of their employment, the introduction of a national minimum wage, the campaign on paternity and maternity leave and pay.
Congress agrees there will be a significant cost to this campaign and agrees that affiliates should be asked to contribute proportionately.
Broadcasting, Entertainment, Cinematograph and Theatre Union
AMENDMENT
Insert new paragraph 4:
'Recognising that young workers will be a crucial target audience for such a campaign, Congress agrees that it should include use of a single gateway telephone number to ensure anyone wanting to join a union can do so without needing to know in advance the appropriate union for their workplace.'
Public and Commercial Services Union
AMENDMENT
Insert new paragraph 3:
'In addition, consideration should be given to the publication of a guide to workers rights, with a synopsis of key employment legislation affecting UK workers. This should also include a section focussing on recent changes resulting from Britain’s continuing membership of the EU.'
Equity
AMENDMENT
Insert new paragraph 4:
'It will be important to evaluate the success of the campaign. The General Council must therefore establish appropriate ways of testing and tracking the impact of the campaign among, in particular, target groups such as young people.'
Connect
30 YOUTH AND COMMUNITY WORK AND COMMUNITY REGENERATION
Congress notes with concern the breakdown of positive community relations in many of our most disadvantaged areas, particularly those that have suffered rapid decline in manufacturing industry.
Congress welcomes the variety of new initiatives since 1997 which have sought to embed strategies for neighbourhood renewal and improved support services for young people. Congress further welcomes the increasing co-ordination of such initiatives at local and national level.
Congress remains concerned, however, that many new initiatives in working with young people and community groups involve short-term funding with no conditions to ensure that staff employed in new projects are properly qualified and paid according to nationally negotiated scales and pension schemes. Congress particularly notes that anti-racist work with young people and communities is an essential part of the recognised qualification training in this area.
Congress calls on the General Council to examine with government and local government the need to impose more rigorous conditions of grant aid and more strategic funding that will ensure the deployment of professional staff working to recognised ethical standards and longer term funding for community development.
Congress further calls on the General Council to progress as a matter of urgency in the coming year existing policies relating to the need for statutory youth service provision and the building of closer links between the trade union movement and the main organisations involved with community work and neighbourhood renewal.
Community and Youth Workers’ Union
AMENDMENT
In paragraph 4, line 1, after 'the' insert:
'Government to address the grave threat to the integral development of young people posed by insecurity and by the lies of extremist groups, and to work out a strategy, enlisting the full participation of trade unions, to restore community links and support to families affected by industrial change. Congress urges the'.
ISTC - The Community Union
Section 5 economic and industrial affairs
31 MANUFACTURING
Congress congratulates the TUC on its campaign to defend jobs in manufacturing, in particular its defence of workers in Corus and Vauxhall.
Congress welcomes the co-ordination of action and solidarity between workers across Europe in defence of jobs in manufacturing challenging decisions made at a European level.
Congress believes that in this era of restructuring and global markets the Government needs an active industrial policy to support manufacturing in a climate of fast moving international capital.
Congress welcomes the Government’s commitment to strengthening the Regional Development Agencies with the key role in delivering an active industrial strategy, and in improving regional competitiveness.
Congress calls on the UK Government to:
i) develop an active industrial policy to support the growth of UK manufacturing, placing full employment in every region at the heart of strategy;
ii) extend R&D tax credits, and introduce measures to encourage long-term investment in UK capital markets and skills training;
iii) improve regulations to protect workers employed by companies who announce redundancies or plant closures, so that it is no longer cheaper and easier to sack British workers than in other European countries; and
iv) sign up to the Directive on information and consultation.
Congress calls on the General Council to:
a) continue its campaign of support for manufacturing by promoting the positive impact upon productivity and competitiveness of a highly trained, involved and motivated workforce; and
b) continue its strong defence of manufacturing jobs in conjunction with the European trade union movement.
Transport and General Workers Union
AMENDMENT
In sub-paragraph iv), line 2, delete full stop and insert:
', and introduce effective information and consultation legislation together with stronger employment protections and legislative measures to develop a highly skilled and motivated workforce within manufacturing industries in the UK; and'.
Insert new sub-paragraph v):
'v) develop the European system of ‘partnership’ at all levels within the UK, with the involvement of employees, unions, employers and government.'
Graphical, Paper and Media Union
32 MANUFACTURING
Congress welcomes the Government’s impressive record in delivering low inflation, low unemployment and a long-term strategy for growth and stability.
However, these results have been attained when manufacturing is experiencing challenges. Manufacturing is vital to the success of the whole economy, directly providing over 4 million jobs, nearly a quarter of our GDP and over £150 billion in exports.
Congress accepts the reality that the most significant factor in the demise of UK manufacturing is a failure to be as productive as many of our European counterparts and that a failure to improve productivity, through working in partnership with employers and increasing investment, will consign manufacturing to the gloomiest of futures.
Continuing productivity is necessary to encourage the level of increasing investment that the industry needs. Without continued financial support manufacturing industry will be unable to generate vital wealth creation in the economy.
Congress further believes that any national strategy for manufacturing must also be underpinned by targeted support for specific industries within the sector that are suffering from the current economic slowdown.
In addition Congress recognises that not all geographical regions within the UK enjoy similar levels of prosperity. Any strategy for manufacturing must look carefully at regional disparities.
Congress calls on the General Council to:
i) promote responsible trade union membership and partnership as ‘best practice’ in improving productivity; and
ii) stress the benefits of manufacturing in the UK and campaign for investment in manufacturing from employers, inward investors and government.
Amalgamated Engineering and Electrical Union
33 FOOT AND MOUTH OUTBREAK
Congress notes with great concern the effects of the foot and mouth outbreak in the UK in terms of the cost to the taxpayer, job losses in agriculture and tourism, as well as the widespread distress arising from the slaughter of millions of animals.
Congresses commends the work of all those who have led the fight against the foot and mouth outbreak, especially those in the public services and armed forces, and condemns the media and others who have sought to blame civil servants for the crisis.
Congress notes that the ability of key government agencies to fight the epidemic has been severely hampered by the combination of privatisation and cuts in staff and funding that took place under the Conservative government, most notably to the State Veterinary Service, ADAS and the Institute of Animal Health.
Congress believes that there will continue to be unforeseen threats to human and animal health and the infrastructure must be in place to address these, irrespective of changes that have been made to ministerial responsibilities for agriculture, the environment and rural affairs.
Congress therefore calls for:
i) the restoration of staffing, funding and research capability for government agencies and related bodies dealing with animal and public health;
ii) a full and open public inquiry into the causes of the outbreak and the measures taken to deal with it; and
iii) implementation of the findings and recommendations of such an inquiry.
Institution of Professionals, Managers and Specialists
34 YOUNG WORKERS AND THE NATIONAL MINIMUM WAGE
Congress congratulates the General Council and affiliates on their concerted campaign to improve the rate and extend the coverage of the National Minimum Wage.
Congress also welcomes the continuing vital role played by the Low Pay Commission as it embraces the views of employers, unions and the low paid. Congress values the integrity and recognises the authority which the Commission’s inclusive and considered judgements therefore carry.
Congress, therefore, is disturbed by the recently re-elected Government’s continued rejection of the Commission’s clear recommendation that the adult rate for the minimum wage should apply at 21 years of age.
Congress is concerned that the lower rate applied to 18 to 21-year-olds, together with the exclusion of 16 and 17-year-olds from minimum wage protection entirely, perpetrates unjust division, provides a source of cheap labour and continues to pass the burden of unfair employment practices onto young workers themselves, their families and the taxpayer. Congress is particularly concerned that the total lack of protection for 16 and 17-year-olds is likely to have a discriminatory impact on young women workers.
In the interests of justice, fair competition and equality, Congress therefore calls on the General Council and all affiliates to campaign for the abolition of the discriminatory rates for young people aged over 18 and under 22 and for the introduction of a Minimum Wage for 16 and 17-year-olds based on a fixed percentage of the adult rate.
Union of Shop, Distributive and Allied Workers
AMENDMENT
In paragraph 3, line 5, delete the full stop and insert:
'; bearing in mind that throughout the Commission’s four years of research and consultation, they found no evidence that applying the full rate at 21 would have any adverse effect on either youth unemployment or the economy, and was in line with the vast majority of existing business practices.'
KFAT
35 LONG HOURS CULTURE
Congress supports the Government in its stated aims to end the long hours culture in the United Kingdom, and agrees with Margaret Hodge, the then Education and Equal Opportunities Minister, that 'the long hours culture is alive and kicking ... We are all working too long hours and it is making us ill. That doesn’t help productivity and it certainly doesn’t support families.'
Congress calls upon the Government urgently to tackle this fundamental problem, and to recognise the depth of dissatisfaction felt by teachers and other public sector workers who are bearing the brunt of ever-increasing bureaucracy and workload. Congress is concerned that people’s lives are being sacrificed on the altar of economic competitiveness.
Congress welcomes the efforts of the French Government to introduce the thirty-five hour week, and calls upon the British Government to follow this example.
Congress believes that the current recruitment and retention crisis in teaching is directly related to the impossible demands made upon teachers. Congress, therefore, calls upon the Government to:
i) put a stop to the culture of red tape, target setting and endless paperwork in the education system; and
ii) replace the open-ended nature of the teacher’s contract with a limit on working time.
Congress recognises that in the absence of action on these issues, the detrimental effect will be experienced not only by teachers but pupils and their parents.
National Association of Schoolmasters Union of Women Teachers
AMENDMENT
Insert new paragraph 4:
'Congress also notes the greater number of public holidays in other European countries compared to Britain and calls on the Government to increase the number of public holidays in Britain.'
UNIFI
36 THE OFFICE OF THE FUTURE
Congress notes the radical changes underway in the way work is organised. Technological developments and the drive for ever more flexibility by employers are together beginning to create the 'virtual' office. Increases in remote working, touch down desks, dispersed teams and management via the intranet are creating a world where a mobile phone and a portable computer have become the workplace for thousands of workers. This number is growing all the time and raises two significant issues for trade unions:
i) what are the key concerns of workers in this new flexible world of work?; and
ii) how can unions best organise and represent workers in the virtual office?
Already we can identify problems around working hours, privacy at work, health and safety, equal opportunities and working from home. However we should also note that many members value the kind of flexibility that technology now offers. The challenge lies in ensuring that flexibility works for, not against, our members and that unions can continue to organise in a radically different environment.
Congress believes that there is an opportunity to initiate a debate about the office of the future, which takes into account the interests and welfare of the people who will have to work in it. In particular there is a need to develop models of how such virtual offices should work to ensure that proper standards and safeguards apply.
Congress calls on the General Council to consider how to take this debate forward with employers and the Government.
CONNECT
37 PUBLIC SERVICES
Congress notes the stated commitment of the Government to improve our public services. Congress does not believe that the expansion and improvement of public services can be achieved through an increased role for the private sector in the provision of core public services. Congress remains committed to the public service ethos and believes improvements can only be made in partnership with service users and with the commitment and involvement of staff and their trade unions.
Congress believes that the promotion of externalisation, housing stock transfer, sell offs, private finance and private partnerships will lead to the demise of quality public services. Congress’s experience of such an agenda is that citizens receive reduced services, quality falls and staff have their pay and pensions cut.
Congress calls upon the General Council to:
i) mount a high profile campaign in support of direct public service provision and increased investment;
ii) continue its discussions with Government on improving public services through developing the in-house provision and the commitment and skills of the workforce;
iii) expose the shortcomings and inefficiencies of PFI and Public Private Partnerships and to promote alternative ways of financing public investment, including the removal of Treasury restrictions; and
iv) campaign for the introduction of fair wages regulation in public contracting to eliminate the two-tier workforce and promote a level playing field.
UNISON
AMENDMENT
Insert new sub-paragraphs v) and iv):
'v) press the Government to set up a partnership forum to promote public services; and
vi) draw on international experience to collate research into the development of PPPs, including the potential for PPPs to expose public services to further privatisation under the WTO general agreement on trade and services (GATS).'
Chartered Society of Physiotherapists
38 PUBLIC SERVICES
Congress welcomes the Government’s commitment to increased investment in Britain’s public services and notes its significant contribution to economic activity in the private sector. However, Congress rejects the notion that efficient public services can only be provided entirely by, or in partnership with, the private sector.
Congress believes that the greater involvement of the private sector in the running of public services proposed in a recent IPPR report will severely diminish the ethos of service that underpins the public sector by introducing free market values into areas such as education and health. Congress believes that this report, funded by the private sector, is a charter for privatisation.
Congress believes that PPP should never be a substitute for proper public investment and that Best Value should mean best quality services and best quality working conditions. Congress urges the Government to subject all PPPs to rigorous testing to ensure they are strategically viable, provide value for money and do not lead to a worsening of workers’ terms and conditions.
When performance and delivery are measured in social terms, then it is the public sector, rather than the private sector, which is the most efficient and the most effective. Congress also urges greater support for Direct Labour Organisations in local authorities.
Congress regards public services as having a social worth well beyond profit margins and therefore calls for the Government’s public sector reforms to be based on the principle that Britain’s public services should be publicly owned and publicly accountable.
Transport and General Workers Union
AMENDMENT
Insert new paragraph 5:
'However, Congress acknowledges that some public sector management may be deficient. Adequate training is essential in the long term to ensure robust systems to work with and implement change. Partnership with staff will facilitate this by harnessing their support, participation, professionalism and initiative.'
Manufacturing Science Finance
39 PUBLIC SERVICES
Congress believes that Labour has made substantial improvements in the quality of public services during the last four years, ending eighteen years of under-investment by the Conservatives.
Congress welcomes Labour’s commitment to building world class public services during the next parliament and applauds the extra investment pledged by the PM and Chancellor of the Exchequer.
Congress reaffirms its opposition to the privatisation of public services where consumers of education, health and other services are forced to pay instead of being free at the point of use.
But Congress acknowledges that reform must match extra investment. During the recent general election campaign the general public made clear its expectation that Labour will deliver real change in frontline services. This change will mean that reform is necessary.
Congress believes that public sector employees are vital to delivering reform and that these employees must not be left behind as public services are reformed. But this does not mean that private sector finance cannot be used to build the public services the public rightly demands. Congress does not believe that the two are incompatible.
Congress believes that government and trade unions, along with both public and private sectors, should work together in partnership to deliver public services that we can be proud of. All stakeholders in public services have much to learn from each other and we should use best practice and expertise wherever it lies.
Amalgamated Engineering and Electrical Union
40 PUBLIC SERVICES
Congress supports high quality public services but does not believe that high quality can be achieved by privatisation of public services.
Congress welcomes Labour’s manifesto commitments to undertake a wide-ranging review of the TUPE Regulations, to encourage 'a renaissance of status and quality for public services and their staff', and to equip public services with 'more staff, properly rewarded'. Congress insists that these aims rule out any kind of two-tier workforce, including pensions provision, and require a new fair wages resolution to protect low paid employees working in contracted out services.
Congress regrets the attempts by local authorities to use Best Value to drive down public service workers’ terms and conditions of employment instead of raising the quality and range of public services. Congress demands that the current government guidance relating to workforce issues in contracting should be strengthened and made mandatory.
Congress calls on the General Council to seek to co-operate with representatives of patients and other public service users in a joint campaign to bring UK public service standards up to best practice levels.
GMB
41 PUBLIC SECTOR DELIVERY
Congress believes that public service is about providing a high quality service that is fair, accountable, equitable and efficient. In order to achieve these aims it needs to be given proper resources. While Congress recognises that this may occasionally mean there is a role for the private sector we fundamentally believe public services should be publicly owned and staffed by public servants.
Congress believes that the civil and public services have showed how they can deliver the Government’s agenda and should continue to do so. For example, during the last government the civil service delivered the New Deal, enforced the minimum wage, implemented tax credits and self- assessment of tax and increased efforts against smuggling. Employees in this sector are ready to deliver again. In contrast the private sector has had some notable failures when delivering public services, such as chaos in the Immigration and Nationality Department, a huge backlog in delivering new passports, a collapse of the National Insurance computer system and failing those on the New Deal in certain areas of the country.
Congress calls on the TUC to establish a task force, made up of unions who work in the civil and public services, to monitor and evaluate government proposals for private sector involvement in public services and to act as the main contact for dialogue with government on these issues.
Public and Commercial Services Union
42 PUBLIC SECTOR WORKERS TRANSFERRED TO THE PRIVATE SECTOR
Congress recognises that the Government’s preference for private sector delivery of public services is creating a two-tier workforce. Staff transferred from the public sector under TUPE legislation have limited protection of pay and conditions and are likely to be part of a ‘broadly comparable’ pension scheme. However, there is no guarantee that new starters will be covered by these terms and conditions.
The emergence of a two-tier workforce brings with it long-term social and economic problems. The introduction of a workforce on reduced pay, conditions and pensions will place the living standards of such workers and their families on a downward track.
The lowering of living standards as a direct consequence of the two-tier workforce is unacceptable and Congress reminds government and public sector organisations that they have a duty to the communities they serve.
Congress therefore calls for:
i) an end to the two-tier workforce in the delivery of public services;
ii) a ‘Fair Wages Resolution’ that ensures new starters working for a private contractor on public sector works are employed on the same terms and conditions of employment as those in the public sector;
iii) a strengthening of TUPE legislation to cover all public sector occupational pension schemes so that transferred staff have a statutory right to remain within the appropriate public sector pension scheme via admitted body employer status; and
iv) new starters to have access to the appropriate public sector pension scheme.
Union of Construction, Allied Trades and Technicians
AMENDMENT
Insert new paragraph 3:
'Congress welcomes the Government’s investigation into the extent of the two-tiered workforce, but regrets the long time it has taken to commence.'
Add new sub-paragraph v):
'v) an investigation of the two-tiered workforce aimed at producing a publicly-available report.'
Public and Commercial Services Union
43 PRIVATISATION
Congress shares the Government’s commitment to the provision of high quality public services but does not accept that expansion of private sector involvement in service management and delivery is the key to achieving this ambition.
Congress maintains that constant references by ministers to the effectiveness of private companies imply deficiencies in public services, undermine confidence in them and demoralise further public sector workers.
Congress urges the Government to have more confidence in its own record in improving the education service. Public examination and national test results have shown consistent rises across the board. Over 700 so-called ‘failing’ schools have been turned around as a result of measures introduced by the Government. The maintained sector provides extremely good value for money. Where the private market has taken over, for example in the provision of supply teachers, costs to schools have escalated enormously.
The record of the Government’s private sector strategy for education is undistinguished:
i) private companies brought in to manage failing schools have been bolstered by enormous amounts of public funding, not previously available to schools;
ii) outsourced services in some LEAs have either been criticised heavily by Ofsted or have failed to deliver in certain service areas; and
iii) the EAZ initiative has received a lukewarm response from all quarters, including the private sector, with many projects experiencing a shortfall in the amount of private sponsorship.
Congress asserts that the principal purpose of schools is to provide high quality education for all children, not high profits for private companies.
National Association of Schoolmasters Union of Women Teachers
AMENDMENT
In paragraph 5, line 2, after 'schools' insert ', and their support services,'.
In paragraph 5, line 3, delete 'high'.
Insert new final paragraph:
'Congress, believing education is ‘for children not profit', instructs the General Council to oppose ‘for profit’ schools and the private sector:
a) running school support services;
b) managing schools or school departments;
c) gaining profit from the provision of education; and
d) having a significant role in the governance of schools.'
National Union of Teachers
44 PUBLIC SERVICES
Congress welcomes the commitment to improve public services as the priority for the second term of a Labour government. This reflects widespread public concern about the state of public services, brought about by chronic under-funding.
Against this background, Congress welcomes the planned increases in public expenditure through to 2003-4 with the aim of achieving ‘world class’ public services. However, Congress believes that if real and sustainable improvements are to be achieved the Government must make a long term commitment on funding and lift the level of spending to that of European comparators.
Congress reiterates that view that every effort should continue to be made to improve efficiency in the way services are run, but that the focus of this effort should be by the retention of public services under public control and management. Congress expresses concern about the emphasis placed by the Government on the role of the private sector for the funding and delivery of public services and outright opposition to ideological preference for private sector provision.
Congress believes that following the ‘Partnership at Work’ approach, ministers, employers and unions must work together to prepare a strategy and programme to deliver world-class public services. Congress calls on the Government to establish joint task forces to deliver this objective in each of the main public services as a matter of urgency.
Finally, Congress calls on the General Council to work with affiliates to protect and promote public services and the interests of public servants.
Institution of Professionals, Managers and Specialists
45 THE DEVELOPMENT OF CO-ORDINATED STRATEGIES FOR PUBLIC SERVICES
Congress welcomes the fact that the Government’s inclusiveness agenda emphasises opportunity for all UK citizens and accepts that all service users should have growing influence over the range of provision. Congress also notes the influence accorded to the business community in the oversight of public services. However, there has been no corresponding understanding that public service providers can and should take part in shaping the future, not to protect vested interests or outmoded practices, but because of their knowledge of and commitment to high standards.
Congress is aware, for example, that in higher education no co-ordinated opportunities are afforded to staff representatives nationally, with adverse, unintended consequences for students, employment, subject areas under threat and investment levels.
While part of this vacuum will be filled by the use of consultative mechanisms under European legislation at the level of individual employers, Congress calls for the introduction of a system of regular governmental joint consultation meetings with the key stakeholders and providers in each area of public provision to review the strategic direction of each service, the resources needed to deliver that strategy, and to encourage ‘buy in’ on the part of service deliverers because they have been represented in the development of the strategy. Such consultative exercises do not replace parliamentary processes for decision-taking but will inform those processes by ensuring a co-ordinated and timely discussion of key issues.
Congress calls on the General Council to initiate discussions with the Government to achieve such a system.
Association of University Teachers
46 PRIVATISATION
Congress is deeply concerned at the continuing proposals from the Labour Government to transfer work in public services to the private sector. Congress believes that they may be dressed up as PFIs, PPPs or other mechanisms, but they amount to privatisation.
Congress expresses its total opposition to the privatisation of public services, and believes that the taxpayer should not be effectively funding dividends to shareholders of private companies which are providing public services.
Congress instructs the General Council to argue and campaign for the retention and extension of social ownership and the welfare state.
Congress also instructs the General Council to provide support to affiliates who are opposing privatisation in public services.
Transport Salaried Staffs’ Association
AMENDMENT
In paragraph 4, line 3, delete the full stop and insert:
', and to help provide those affiliates affected to produce documentation exposing the many myths surrounding the quality of public services and to help/assist organise campaigning initiatives to achieve these aims.'
Associated Society of Locomotive Engineers and Firemen
47 PUBLICLY OWNED POSTAL SERVICES
Congress recognises the Post Office (Consignia) provides an important public service to all citizens of the UK, and welcomes the Government’s commitment in the Postal Services Act 2000 to continued public ownership, and the provision of universal service at a uniform price.
This approach is one that Congress calls upon the Government to continue to advocate, and the Regulator to support while carrying out its own statutory obligations.
However, while Congress is aware that the Government’s enthusiasm for future private sector involvement will particularly affect key public services, it is also concerned about the impact upon postal services. The failure of the 'Pathway' PFI contract, designed to computerise post offices, meant the public sector shared most of the £1bn cost. Consignia should learn from such experiences and reject proposals for the outsourcing of core activities to private sector contractors.
Some of the recent problems experienced by privatised industries should serve as a lesson that private sector involvement does not automatically make a business more efficient. Moreover, public opinion is consistently in favour of government-run public services. Therefore a progressive approach to ownership and management of public services is required.
Congress calls upon the Government to:
i) investigate the large amounts of public money wasted on PFI and consider cheaper, alternative ways of financing public investment (as proposed by Composite 14 to TUC Congress 2000);
ii) re-evaluate the planned expansion of the private sector in running public services; and
iii) reject privatisation of any Post Office (Consignia) Businesses and Business Units.
Communication Workers Union
48 CIVIL SERVICE ACT
Congress notes that while the civil service has a set of values and guiding principles which have underpinned its work for 150 years - including appointment and promotion on merit and political impartiality - it has no legally separate identity or constitutional role. Congress also notes that the elected government is responsible for the stewardship and direction of the civil service including the upholding of its values and principles.
Congress notes the growing trend for the Government of the day to use senior civil servants as direct representatives on their behalf, in turn making it more difficult for civil servants to fulfil their role in offering independent and impartial advice. Devolution in Northern Ireland, Scotland and Wales may also create pressures that challenge the currently understood role of civil servants. Congress further notes that the Government has not accepted, or not offered a timetable for implementation, for a number of the recommendations made by the July 2000 report of the Committee on Standards in Public Life.
Congress therefore believes that during the present period of constitutional change there is a need to establish clear principles, for this and future governments, which define the role of the civil service and clarify the boundaries between it and elected governments (including devolved administrations), and which recognise the professional role of the civil service. Congress therefore calls upon the General Council to work to establish broad-based, cross-party support for the enactment of a Civil Service Act.
FDA
49 EXCESSIVE BURDENS ON PUBLIC SECTOR EMPLOYEES
Congress recognises and supports public demand for protection against unacceptable risks in all aspects of life and the establishment of acceptable standards in the quality of goods and services in local and global markets. However, the creation of such systems without adequate resources generally leads to excessive, cumulative and bureaucratic demands on staff in key public services, deflecting them from delivery of those services and undermining the purposes of public sector providers. Many such burdens create the impression that public sector staff cannot be trusted without constant regulation, further demoralising those staff. These problems are evident in education, the NHS, transport and local authority provision.
Congress notes the contradiction between seeking vital reductions in risk and overly bureaucratic methods of dealing with it. This will only be resolved by a thorough analysis and recommendations. It calls on the General Council to:
i) prepare a report for Congress 2002 on the basis for judging the appropriate balance to assist affiliates in negotiating in their respective industries;
ii) advise affiliates on risk assessment;
iii) engage in discussion with government and official regulators in the preparation of the report; and
iv) assist those affiliates trying to reduce excessive burdens on their members in the provision of services.
Association of University Teachers
50 PFI
Congress sends greetings and solidarity to all public sector workers and salutes the outstanding contribution they make to British society.
Congress welcomes the additional investment planned by the Government but regrets the delay in implementing capital projects partly caused by the complex negotiations with private sector interests.
Congress recognises:
i) that public sector investment and services are best provided by government and local authority finance and managed by authorities directly and democratically accountable to the people, particularly users of the service and the workforces involved. Congress notes that there is widespread public support for these principles; and
ii) that the PFI offends these principles and in practice has failed to provide quality services or to bring in extra resources. On the contrary PFI leads to extra costs and transfers resources to bankers and shareholders as well as threatening wages and conditions of public sector workers. Congress therefore expresses its opposition to PFI and calls on the Government to concentrate on providing from the public purse the investment funds so urgently needed to modernise and to further improve public services.
Congress calls on the General Council to mobilise support for this policy and to press on Government the need to think again. With this in mind, Congress supports the calling of a national public demonstration in support of public sector services fully funded by the public purse, managed by public sector professionals and with necessary change negotiated with the workforces involved.
Fire Brigades Union
51 PFI/PPP
Congress notes the mounting body of evidence including the recently published IPPR report, which demonstrates the detrimental effect of PFI/PPP on:
i) public finances;
iii) service delivery to the public; and
iv) terms and conditions of employees.
Congress also notes that opposition on a case-by-case, or sector by sector basis is ineffective due to the lack of any current alternative funding method. Many employers justify their use of PFI/PPP purely on the lack of any alternative funding to meet urgent needs for buildings and equipment.
Congress therefore calls upon the General Council to mount an effective campaign of opposition building on public disillusionment with private sector involvement in delivery of public services and the associated problems of delay, fragmentation and loss of democratic accountability, flexibility and control.
Congress further calls on the General Council to co-ordinate and collate evidence from the affiliated unions of the manifest failure and excessive costs of PFI across the public sector and to utilise this information to challenge misinformation on the effects of PFI/PPP and to lobby government to return to traditional methods of public sector funding.
Association of Magisterial Officers
52 PRIVATE FINANCE IN PUBLIC SERVICES
Congress reaffirms the human rights of our citizens to high quality provision of health, education and social services free at the point of delivery.
Congress notes that current research indicates the efficacy of private finance in public services is as yet unproven. Congress is further concerned at the erosion of democratic control by the public as stakeholders compared with the power exercised by private financiers.
Congress, therefore, instructs the Government to consider new ventures of such a nature with extreme caution.
Association of Educational Psychologists
53 PRIVATISATION OF THE NATIONAL HEALTH SERVICE
Congress notes the Government’s intention to introduce Public Private Partnerships in the National Health Service. Congress believes that this will undermine national standards of care and patient services; fragment the health care workforce; and lead to inferior terms and conditions for those employed or managed by private companies.
Congress, in reaffirming its commitment to a nationally organized and publicly funded Health Service free to all at the point of need and recognising that this is best delivered by a highly skilled and professional NHS-employed workforce, believes that the mantra of 'what matters is what works' will, in the long term, place that in jeopardy.
Congress therefore calls upon General Council and TUC affiliates to:
i) oppose the introduction of PFI/PPP in principle;
ii) assist in promoting an open public debate about the benefits of public provision;
iii) mount a UK-wide campaign to alert stakeholders to the dangers of the introduction of PFI/PPP;
iv) lobby the Government to maintain its commitment to a nationally organised and publicly funded Health Service, free at the point of use; and
v) campaign to protect the terms and conditions of service for all NHS employees.
The Society of Radiographers
54 PRIVATISATION IN THE NHS
Congress notes continued increasing public concern surrounding the creeping privatisation of services in the NHS and recognises that unless this policy is abandoned it will inevitably have far reaching implications for clinical services.
It is not only in sectors such as cleaning and catering services that this approach is taking place but also in the scientific and pharmacy areas. This is leading to fragmented services and low morale among those staff affected.
Congress re-affirms its fundamental belief in a truly ‘national’ health service within which staff continue to be directly employed.
British Orthoptic Society
55 NHS STAFFING
Congress welcomes the Government’s ambitious programme for the NHS, aimed at delivering standards of health care on a par with the best of other European countries.
Congress recognises, however, that it will not be possible to achieve this aim without tackling the current acute shortage of staff in the NHS.
Congress urges the Government to stand firm on its ethical stance of not seeking to recruit from developing countries which cannot afford to lose their trained health professionals.
Instead, Congress believes that a recruitment and retention strategy based on the following core principles, underpinned by sufficient resources, stands the best chance of delivering what is needed in terms of both staff numbers and staff morale:
i) employing NHS staff to deliver NHS services;
ii) higher and fairer levels of pay, aimed at uniting rather than dividing staff;
iii) manageable workloads;
iv) equitable support for training and development;
v) positive measures to improved work-life balance;
vi) a working environment free from discrimination, harassment and violence; and
vii) facilities for all staff to contribute to service planning without compromising patient care.
Congress calls on the TUC General Council to use every opportunity to promote these core principles.
Chartered Society of Physiotherapy
56 PARTNERSHIP WORKING
Congress welcomes the continuing growth of partnership working in the NHS and in the public sector in general, particularly in Scotland and Wales where trade union representatives have a real opportunity to influence policy making. Congress acknowledges that the huge time commitment required by union representatives to carry out their roles effectively can be a deterrent. Congress calls on Governments and employers to resource partnership working properly, which must include:
i) training for representatives;
ii) adequate notice of meetings;
iii) time off; and
iv) cover for representatives when they are away from the workplace.
Society of Chiropodists and Podiatrists
57 COST OF LIVING SUPPLEMENTS
Congress recognises the chronic recruitment and retention problem that continues in the NHS, particularly in southern England where house prices and associated costs remain particularly high.
Whilst some attempt has recently been made by government to address this problem, through the use of ‘cost of living supplements’ payable in certain counties, these have proven to be both divisive and unfair. For example, supplements are paid to staff in areas as diverse as Avon and Bedfordshire but not in Essex or Kent, which implies Bristol is a more expensive town to live than Brighton. Also, only staff at the higher end of the salary scale qualify for the allowances whilst low paid workers are excluded.
Congress accepts that targeting areas experiencing severe recruitment problems is a complex issue and it would have been sensible of the Secretary of State to have consulted unions before the current system was introduced.
Congress firmly believes the fairest way to tackle recruitment problems in the NHS is to increase pay substantially across all staff grades throughout the United Kingdom, using recent MP percentage pay rises as a starting point. This should then be followed by sensible negotiations with NHS unions on how best to deal with remaining specific areas where the problem is most acute.
British Orthoptic Society
58 TREATMENT OF PATIENTS
Congress recognises that appropriate intake and quality of food is a vital element in patient treatment and recovery whilst in hospital. Congress also notes with concern problems that have arisen in many hospitals where actual cases of patient malnutrition have arisen.
In order to address this issue Congress believes hospital catering services must be given increased emphasis and integrated with clinical services, bringing both areas of patient care together under one seamless clinical management structure.
British Dietetic Association
59 EQUITY FOR PRACTICE NURSES
Practice nurses are employed directly by general practitioners who, as independent contractors to the NHS are not NHS employing authorities. This means that many practice nurses are not paid on NHS rates, do not enjoy NHS terms and conditions, and do not receive the publicised percentage pay increases that other directly employed NHS nurses do.
Congress therefore calls for practice nurses to receive the same pay, terms and conditions as their colleagues directly employed by NHS bodies and supports CDNA’s campaign to gain equity for this important group of health care staff.
Community and District Nursing Association
60 24-HOUR COMMUNITY NURSING SERVICES
Macmillan Cancer Relief has identified in a recent report that out-of-hours care for dying or seriously ill patients at home is often inadequate.
This yet again underlines the importance of the CDNA’s longstanding campaign identifying the urgent need for 24-hour community nursing services.
Congress and fellow affiliates are called on to support CDNA’s efforts to ensure that 24-hour community nursing services are provided equitably across the UK.
Community and District Nursing Association
61 TRANSPORT
Congress welcomes the Government’s commitment to the British shipping industry, but is not convinced that new job opportunities will result from the steps taken so far. There must be development of employment protection policies similar to those adopted by other countries.
Congress reaffirms its commitment to a publicly owned and publicly accountable railway network. Fragmentation of the network and putting profits before safety have been contributory factors to the failures of the privatised system, the tragic accidents that have continued to occur, and reduced safety standards, as they would if the Private Public Partnership goes ahead on London Underground.
Congress notes the funds being paid to Railtrack for investment currently secure no direct return for the public. Public investment in Railtrack should secure ownership and control of the company: this would require no increase in the current expenditure plans.
Congress believes that maintenance and renewal of the rail network should not be by contractors, or sub-contractors, who face constant pressure from Railtrack to cut costs and, by implication, standards. All of this work should be done by Railtrack’s own staff, and no further contracts should be signed with outside organisations. For the same reasons, the re-franchising process for Train Operating Companies should not proceed at this time and should be put on hold until the full results of the Cullen Inquiry are known.
Congress believes that a national integrated transport system - taking in rail, bus, road, air and ships serving the needs of society and the public - is urgently required.
National Union of Rail, Maritime and Transport Workers
AMENDMENT
Insert new paragraph 2:
'Congress calls on the Government to continue developing employment opportunities, for ratings in particular, as rapidly as possible, with both sides of industry, and to explore the employment protection policies adopted by other countries to determine how they could be applied to bring about an end to ‘social dumping''.
National Union of Rail, Maritime and Transport Workers
62 RAIL INDUSTRY
Congress welcomes the Cullen report into the Ladbroke Grove disaster and the report of the House of Commons Transport Select Committee into the railway industry, noting that they are a damning indictment of the private sector’s involvement in what should be a publicly owned railway network that forms part of an integrated public transport system.
Congress condemns the huge payouts to shareholders and top executives by Railtrack and other private railway companies. This is an abuse of taxpayers’ money, which should be directed towards maintenance and renewal of the network, the training of staff and the introduction of badly needed safety systems which could prevent further disasters.
Congress:
i) fully supports the 'Take Back the Track' campaign launched by ASLEF, the RMT and TSSA and endorses its central demand that Railtrack should be returned to the public sector, as a first step towards restoring the entire railway industry to an appropriate form of public ownership;
ii) calls upon the General Council to establish Transport Task Groups based on affiliates in the transport industries to carry forward policy and campaigning on public transport issues and to better present the case for an integrated transport strategy; and
iii) resolves that the railways should feature as a significant part of any campaign to defend the public services and keep them in, or restore them to, the public sector, noting that the experience of railway privatisation is a vivid example of the crisis and disruption which flow from private, profit-driven ownership of such services.
Associated Society of Locomotive Engineers and Firemen
63 TRANSPORT
Congress reaffirms its commitment to public ownership and public accountability of the railways, and instructs the General Council to work with the rail unions in the 'Take Back the Track' campaign to secure the return of Railtrack to an appropriate form of public ownership in the interests of rail safety and the efficient management of an expanding rail network serving the national interest.
Congress believes that a publicly owned Railtrack undertaking maintenance and renewal work itself, alongside a continuing independent role for the Rail Regulator, will help deliver the leadership and strategic direction the industry lacks.
Congress believes that where transfers of rail staff occur as a result of contract changes, they should be on the basis of enhanced TUPE Regulations which include full protection of pension rights, and instructs the General Council to campaign for such changes.
Congress reaffirms its concern over the European Union’s policies on the separation of railway infrastructure and operations and expresses its concern at the European Commission’s proposals to make public transport services subject to public procurement rules and the implications which this would have on workers in the transport industry, as well as on the operational and safety effectiveness of the services subsequently provided. Congress instructs the General Council to highlight the possible impact of the proposed Regulations and to press for their withdrawal, or for appropriate amendments to be made.
Transport Salaried Staffs’ Association
64 SOCIAL DIALOGUE IN THE MARITIME SECTOR
Congress notes that ILO Convention 147 on Minimum Standards for Merchant Ships requires flag states to regulate the terms and conditions of employment and social security rights either via legislation or through collective bargaining agreements.
Congress expresses alarm that the Department of Transport and the Maritime and Coastguard Agency do not ensure that port state control inspections cover not only safety of life at sea and the protection of the marine environment, but also the social conditions onboard all vessels visiting the UK.
Congress is concerned by the continuing exclusion of seafarers from most employment protection legislation such as the minimum wage and recognition rights for trade unions.
Congress calls upon the Government to take positive steps to encourage social dialogue between the maritime unions and shipowners as a condition of ship registration in the UK as occurs in most European countries.
Congress also urges the Government to support a strategy to underpin minimum social standards in the UK shipping industry to include the re-establishment of a set of national minimum terms and conditions.
Congress calls on the UK maritime authorities to ensure that social conditions onboard all vessels calling UK ports are included in port state inspections, and that ILO provisions with regard to the encouragement of collective bargaining are met, so that the UK maritime unions may ensure that standards on UK vessels at all times reflect at least those stipulated by the relevant international organisations.
National Union of Marine, Aviation and Shipping Transport Officers
65 ENERGY REVIEW
Congress believes the Government’s energy review is not a moment too soon.
Over the last 10 years CO2 emissions have actually risen, despite KYOTO, in all sections except manufacturing and electricity generation and the UK contribution to CO2 emission reductions is therefore entirely due to a once-only switch from coal to gas and nuclear generation.
Worse, the 25% of electricity currently generated by the nuclear industry with no CO2 emission will shortly start to fall until it is negligible by 2020, while gas supply will become more and more vulnerable in the hands of a few politically unstable states.
At the same time, continuing pressure from the Regulator has fragmented the industry and driven down the value of companies - precisely the opposite policy to that pursued throughout the rest of the EU, so that it is becoming more and more difficult to raise capital for energy investment.
California is a ready example of what happens when energy liberalisation goes awry.
Congress, therefore, asks the General Council to ensure that the review is comprehensive and that Government accepts that it cannot leave so significant a sector entirely to the market or the Regulator and that a real balance is absolutely essential between energy sources and suppliers if we are to have any hope of both meeting our obligation on CO2 emissions and maintaining a healthy economy.
Engineers’ and Managers’ Association
AMENDMENT
In paragraph 3, lines 5 and 6, after 'vulnerable' delete:
'in the hands of a few politically unstable states'.
In paragraph 4, line 7, after 'investment.' insert:
'This has led to cuts to investment, insecurity for employees and potential risks to safety and security of supply.'
In paragraph 6, line 2, after 'comprehensive' insert
': that all relevant trade unions can have a full input into the review'.
In paragraph 6, line 2, delete 'and' insert semi-colon.
Amalgamated Engineering and Electrical Union
AMENDMENT
In paragraph 1, line 2, after 'soon.' Insert:
'Proper long-term planning is needed to manage the future fuel mix.'
Insert new paragraph 5:
'There is an urgent need for increased research and development across all energy sectors to maintain fuel diversity, meet emissions targets, and ensure that the UK is able to compete in the growing world market for environmental technologies.'
Institution of Professionals, Managers and Specialists
66 ENERGY
Congress welcomes the recently announced Government energy review and urges it to address non-market mechanisms to ensure a sensible mix in the country’s generating capacity for the medium term.
Bearing in mind that the last large coal fired electricity generating station (Drax) was commissioned more than 20 years ago and that in current circumstances it is unlikely that any new nuclear capacity can be commissioned in the short term, Congress remains concerned that the Government’s energy policy objective of fuel diversity will be damaged.
Congress notes that in recent years a number of problems with alternative sources of energy have been experienced by electricity generators and in such circumstances coal has provided the additional power when needed. It also notes with concern the decline that has resulted, as a consequence, in the levels of coal stocks held by both coal producers and electricity generators.
Given the differential economics of coal, nuclear and gas stations Congress believes an urgent priority for any incoming Government will be to underwrite a programme of new clean coal power stations which would be environmentally benign and provide an opportunity for UK manufacturing to generate export earnings.
BACM-TEAM
67 FUNDING FOR ARTS IN THE COMMUNITY
Congress urges the General Council to campaign in co-operation with the entertainment unions and other relevant affiliates to obtain funding at national and regional level to provide a network of educational theatre companies which will take its work to schools, hospitals, nursing and residential homes, prisons, and so on. Congress suggests that funding should be sought from the Arts Councils, Regional Arts Boards, local authorities and government departments including the Department of Health, the Home Office and the Department for Education and Skills. These companies would provide work for arts practitioners and an invaluable service to many members of the community who are otherwise deprived of state funded theatre and would simultaneously be a part of the inclusive community as envisaged by the Government.
Equity
68 FUNDING FOR CHILDREN’S ARTS AND EDUCATION
Congress believes that children are neglected by the UK media:
i) lack of funding is eroding the provision of quality children’s TV in this country, leaving American programmes to dominate children’s culture;
ii) children’s radio has almost disappeared;
iii) children’s theatre is seriously underfunded and theatre in education has declined steeply;
iv) some children never visit museums and art galleries because their schools cannot afford such outings; and
v) drama is no longer a part of the core curriculum and many schools have poor provision for drama and music because of money problems.
Congress calls on the Government to recognise its responsibility to children - and through them to the future cultural health of the UK - by increasing the funding for children’s arts and education.
Congress calls on the General Council to campaign for such funding and to monitor the progress in achieving it.
Writers’ Guild of Great Britain
69 COPYRIGHT AND PUBLIC SERVICE BROADCASTING
Congress recognises that the growing concentration of media ownership is a threat to democracy.
Congress calls on the TUC to conduct a vigorous campaign to oppose the undermining of public service broadcasting, and to maintain and strengthen the present safeguards with regard to cross-media ownership.
The Government’s legal proposals on the future of broadcasting must not be allowed to dilute these basic principles and should recognise that the important new technological developments should be for the benefit of society as a whole, and not the few multi-national conglomerates that presently control internet and digital broadcasting.
Important parts of the media industry are those creators whose skill and ability provide the basis upon which the industry functions. It is, therefore, important that the principle of creators’ having inalienable ownership of their intellectual property, and a right to make a living from their creativity, is established in British law and the European directive on copyright must be an opportunity to establish this basic principle.
Congress calls on the General Council to campaign on these issues and to organise conferences and publicity for the whole trade union movement with the aim of pressing Government to ensure that the above principles are adhered to.
National Union of Journalists
AMENDMENT
Insert new paragraph 1:
'Congress notes that the convergence of broadcasting and telecommunications has led the Government to propose the creation of a new regulator - Ofcom - that will cover both industries. Such regulation of communications should take proper account of employment practice in these industries and promote secure and rewarding work.'
Communication Workers' Union
70 PUBLIC ENTERTAINMENT LICENCES: PARTICIPATION IN CULTURAL LIFE AND WORK OPPORTUNITIES FOR PERFORMERS
The right to participate freely in the cultural life of the community and to enjoy the arts was first set out in the Universal Declaration of Human Rights. In 1976, this was reiterated in the International Covenant on Economic, Social and Cultural Rights. In signing these documents, Britain agreed to the progressive realisation of this right.
Under the Human Rights Act, provided public safety is ensured, performance should be free from outside interference (‘`freedom of expression’, Article 10 of the European Convention). But the present position is:
i) only 5% of liquor on-licensed premises hold annual public entertainment licences (PELs) that permit more than two musicians and/or dancing;
ii) one person dancing or more than two musicians playing would be a criminal offence for licensees in 95% of on-licensed premises. Threats of prosecution are common;
iii) the maximum penalty is a £20,000 fine and six months in prison;
iv) the disincentive is the PEL fee and the cost of implementing safety conditions that even the Home Office describes as ‘excessive’; and
v) councils have legal powers to deal with noise and statutory duties to monitor public safety for all activities in on-licensed premises irrespective of PELs.
Congress requests the General Council to urge the Government to take immediate action to improve public access to live music and the number of work opportunities for performers by meeting its obligations under the ICESCR, and by publishing guidelines for local authorities on PEL enforcement in the context of Article 10 of the European Convention.
Musicians’ Union
71 CREATORS’ RIGHTS
Congress believes writers, musicians, actors, artists and other creative workers face growing pressure to give up rights in their work. They are often required to waive their moral rights.
The Universal Declaration of Human Rights states: 'Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is author.' It is necessary to reaffirm these principles and apply them to the digital, multimedia environment.
Congress welcomes the outcome of the case Tasini v New York Times in which the US Supreme Court recognised the interests of creators.
Congress believes:
i) it should be impossible under copyright and contract law for a creator to be forced to give up all rights as a condition of working;
ii) producers, broadcasters and publishers should negotiate fair licences for uses they genuinely wish to make of material;
iii) each separate use should receive fair payment;
iv) creators should remain free to re-use material following the initial contracted use;
v) it should be impossible to waive moral rights to be identified as author and to have integrity of work respected; and
vi) the writer of a script/screenplay should be recognised as co-author of the finished production, alongside the director and producer.
Congress calls on the Government to accept these principles and seek to establish them in international and UK law, in particular in implementing the European Copyright Directive.
Congress calls on the General Council to support campaigns to promote these principles.
Writers’ Guild of Great Britain
72 PUBLIC OWNERSHIP
Congress calls on the Government immediately to take back into public ownership all industries and services including electricity, gas, water and coal mining, telecommunications and rail which have been privatised since 1979.
National Union of Mineworkers
Section 6 welfare reform and pensions
73 BENEFITS SUSPENSION
Congress condemns the Government decision to pilot measures contained in the Child Support, Pensions and Social Security Act 2000 which provide for the suspension of state benefits to individuals in breach of community sentences. It believes that the provisions discriminate against those without work, breach the Human Rights Act, increase poverty and, potentially, criminality and will be imposed as a punishment without the opportunity of a fair hearing in Court.
The pilot scheme relies on the staff in the Probation Service, the Benefits Agency and the Employment Service taking action which will reduce the income of offenders already disadvantaged economically and often with dependants to support. Congress believes therefore that the pilot scheme will increase the risk to the personal safety of those staff required to enforce the provision.
Congress resolves to support the affected trade unions as they take all appropriate action to protect their members from the risks resulting from the implementation of this discriminatory and punitive measure. Further, Congress calls on the General Council to make direct representations to the Secretary of State for Work and Pensions, and the Home Secretary demanding the withdrawal of the pilot scheme and cessation of any further attempts to implement the legislation.
NAPO
74 STAKEHOLDER PENSIONS
Congress welcomes the development and promotion of the TUC Stakeholder Pension Scheme and congratulates affiliates for their work in the progress of the Scheme to date.
Whilst the TUC Stakeholder Pension Scheme is not intended as a replacement for occupational pension schemes, the introduction of a scheme backed by the TUC and its affiliates will benefit workers where no occupational pension scheme is available. In addition, the decision to allow concurrent membership of company and private pension schemes will enable members to plan for their retirement in the most cost-effective way.
Congress believes that the TUC Stakeholder Pension Scheme will be particularly beneficial to the half-a-million union members with no pension arrangements, especially low paid and women workers, and the five-and-a-half million union members who could use the Scheme to top up their existing pension arrangements. The Scheme also gives an excellent opportunity to demonstrate the benefits of union membership and be of assistance in recruitment and organisation activities.
Congress calls on all affiliates to use the opportunity provided by the introduction of stakeholder pensions to improve pension provision for working people by promoting the TUC Stakeholder Pension Scheme and raising the importance of planning for retirement with union members.
Congress further calls on the General Council and all affiliates to campaign for employer contributions to stakeholder pensions to be made compulsory at law.
Union of Shop, Distributive and Allied Workers
75 STAKEHOLDER PENSIONS
Congress agrees that the establishment of stakeholder pensions is a welcome development in the campaign to ensure proper pension rights for all workers.
Congress calls upon the General Council to launch a national campaign to persuade the Government to introduce legislation to oblige employers to make contributions to workers’ pensions.
Broadcasting, Entertainment, Cinematograph and Theatre Union
76 STATE PENSIONS
Congress congratulates the Labour Government on its second term and welcomes the commitments made by Labour in the run up to the general election regarding state funded pensions when Labour committed to create security for pensioners. Congress also welcomes the increased spending on state pensions of £4.5 billion a year compared with 1997.
However, Congress does not accept the view expressed in the Labour Party policy statement in the run up to the general election that state funded pensions will become the 'foundation of pension provision'. Congress believes this waters down Labour’s historic commitment to link pensions to earnings.
It is also noted that at last year’s Congress Composite 18 was carried with the majority support of Congress. This called for state pensions to be paid at reasonable levels using a choice of formulas, either linking pensions to average earnings or using the same principle as applies to the minimum wage.
Congress believes that the struggle to create social justice for pensioners must continue and include such issues as social care - therefore the campaigning activities of the General Council must increase. Congress therefore commits to develop a detailed programme of campaigning activities that will have as its long-term goal an end to the position of pensioners living in poverty.
Congress also commits to working in tandem with such organisations as the National Pensioners Convention and Age Concern and put together a co-ordinated plan that has at its core a lobby of Parliament.
Associated Society of Locomotive Engineers and Firemen
AMENDMENT
Insert new paragraph 4:
'Congress is concerned that without a significant increase in the basic state pension and the introduction of a formula to uprate pensions annually, an increasing number of pensioners will be trapped on means-tested benefits. This will discourage those on low wages from contributing to a stakeholder pension.'
Union of Construction, Allied Trades and Technicians
77 TUPE
Congress is mindful of many of the pension scandals that have been perpetrated over the years, from personal pension mis-selling to company pension scheme thefts, and although the Labour Government has made some attempt during their term of office to assist our pensioners, the massive scandal of pensions 'non-transferability' under TUPE is the biggest of them all.
Since its introduction under the Tories in the mid eighties, the TUPE Regulations have been responsible for the loss of vast amounts of investment income from some of the lowest paid in society. Congress therefore calls on the Labour Government to bring in changes to the TUPE Regulations to ensure pensions are fully transferable when any transfer of undertaking takes place and ensure workers are not ripped off for the benefit once again of the fat cat bosses.
Bakers, Food and Allied Workers Union
AMENDMENT
In paragraph 2, line 9, after 'place' insert:
', including changes of ownership via share transfers,'.
In paragraph 2, line 5, after 'society.' insert:
'Congress welcomes the research being done by the DTI on occupational pension rights and the Government’s commitment to implement the 1998 Acquired Rights Directive.'
In paragraph 2, last line, after 'bosses.' insert:
'In this, the full protection of the value of previous pensionable service and of workers’ accrued pension rights remains paramount.'
Connect
78 EARLY RETIREMENT AND OCCUPATIONAL PENSIONS
Congress calls upon the General Council to campaign against the Government’s proposals to change the tax rules so that early retirement, with an immediate pension, is only possible from age 55, rather than 50 as at present.
Congress believes this is more an education than pensions problem, and urges government and employers to give older workers adequate training so that they have the skills necessary to keep them in employment. Increasing the early retirement age from 50 to 55 is not an appropriate solution to the perceived skill shortage of older workers.
UNIFI
AMENDMENT
Insert new final paragraph:
'Congress further notes that the costs of early retirement are met by workers through actuarially reduced pensions. Rather than further prescribing the period during which a worker can retire, the Government should encourage more flexibility to enable workers to make a personal retirement choice at any age after 50.'
FDA
Section 7 learning and skills
79 COMPREHENSIVE EDUCATION
Congress believes that comprehensive education has improved demonstrably the educational opportunities, life chances and achievements for all children.
Congress condemns the denigration of our schools by Government, which reinforces the demoralisation of teachers and undermines the successes of schools, students and their teachers. It deplores Government proposals which will lead to the establishment of a two-tier system of secondary education and condemns proposals for:
i) an expansion of specialist and advanced specialist schools involving more favourable funding and leading to the creation of privileged intakes and increased forms of selection; and
ii) City Academies which are new forms of independent selective school, owned and run by private companies.
These proposals will undermine the comprehensive principle of equality of opportunity and further weaken comprehensive education.
The funding of schools must be equitable and meet the educational needs of each pupil and that the Government’s current review must establish a system without preference or disadvantage.
Comprehensive education in the 21st century should be underpinned by principles of social justice, a right of access to a balanced and broadly based curriculum and equality of opportunity for all children and young people.
Congress instructs the General Council to:
a) place the defence and promotion of comprehensive education at the heart of the TUC’s work and campaign on education;
b) establish a working group to draft proposals for comprehensive education and for the General Council to seek the necessary public endorsement; and
c) represent and actively promote the TUC’s position on comprehensive education to Government.
National Union of Teachers
AMENDMENT
Insert new paragraph 2:
'Congress notes the continuing success of the fully comprehensive state school system in Scotland, where:
1) the comprehensive structure and ethos are deeply embedded;
2) academic attainment - particularly among girls and working class children - continues to improve; and
parental support means that 96% of Scottish children attend public sector local authority schools.'
Educational Institute of Scotland
80 A PROFESSIONAL PAY AND CONDITIONS FOR TEACHERS IN THE 21ST CENTURY
Congress welcomes the steps the teachers union affiliates (ATL, NASUWT, NUT and UCAC) have, with TUC support, taken to strengthen liaison over policy and campaigning issues.
Congress further welcomes the fact that the four unions, at their annual conferences, passed resolutions in identical terms calling upon the Government to establish urgently an independent inquiry to carry out a thorough review of teachers’ pay and conditions and any other relevant matters affecting the future of the education service.
Congress welcomes the review of workload established by the Government.
Congress urges the Government to agree that the terms and conditions of teachers in England and Wales should be no less favourable than those in Scotland including a limit to the working week of 35 hours.
Congress further believes that the recruitment and retention of teachers necessary to end the teacher shortage crisis requires an independent and unfettered review of teachers’ pay.
National Union of Teachers
AMENDMENT
In paragraph 3, line 2, after 'Government' add:
'and recognises this will have implications for other staff in schools.'
In paragraph 4, line 5, after '35 hours' add:
'Congress recognises there must be a complementary role for other members of the education team and calls on the Government to support proposals to build the education infrastructure.'
UNISON
AMENDMENT
Insert new final paragraph:
'Congress also notes the significant contribution of Soulbury officers to the improvements of educational opportunities for our children and young people. To ensure the necessary recruitment and retention of those officers, Congress believes it is necessary to re-establish the various linkages between the pay of Soulbury professionals and head teachers.'
Association of Educational Psychologists
AMENDMENT
In paragraph 3, line 2, delete the full stop and insert:
'as a first step towards addressing the increasingly significant problems of teacher recruitment, retention and motivation.'
National Association of Schoolmasters Union of Women Teachers
81 PAY AND CONDITIONS
Congress welcomes the steps the teacher union affiliates (ATL, NASUWT, NUT and UCAC) have, with TUC support, taken to strengthen liaison over policy and campaigning issues.
Congress further welcomes the fact that the four unions at their annual conferences passed resolutions in identical terms calling upon the Government to establish urgently an independent inquiry to carry out a thorough review of teachers’ pay and conditions and any other relevant matters affecting the future of the education service.
Congress welcomes the review of workload established by the Government.
Congress urges the Government to agree that the terms and conditions of teachers in England and Wales should be no less favourable than those in Scotland including a limit to the working week of 35 hours.
Congress further believes that the recruitment and retention of teachers necessary to end the teacher shortage crisis requires an independent and unfettered review of teachers’ pay.
Association of Teachers and Lecturers
AMENDMENT
In paragraph 3, line 2, after 'Government' insert:
'as a first step towards addressing the increasingly significant problems of teacher recruitment, retention and motivation'.
Association of Teachers and Lecturers
82 PROTECTION OF FUNDING AND ACCESS FOR POST SCHOOL EDUCATION
Congress welcomes the second Labour Government’s commitment to Lifelong Learning, and its rejection of ‘spin’.
However, Congress is concerned at the continuance of policies which by pursuit of inappropriate private funding measures, excessive reliance on business interventions, and misleading multiple media ‘launches’ of new initiatives, jeopardise the achievement of the Government’s own key objectives and mask the continuing neglect of core funding for the structure of post-school education.
Congress asserts that our universities, colleges and adult education are part of the public service, for which the Government must take prime responsibility, providing continuing planned resources, to restore and maintain their capacity to deliver Government targets. This will only be achieved by a sustained, transparent and consistent funding regime which:
i) tackles past under-funding;
ii) properly values all staff, rather than scapegoating them for failed Government initiatives;
iii) creates a level playing field between colleges and 6th forms, new and old universities;
iv) works more creatively to open access, targeting under-represented social groups and improving student financial support;
v) improves democratic, accountable regional planning and co-ordination;
vi) builds a genuine learning society, relevant to everyone’s needs and aspirations;
vii) develops long-term planning, and
viii) involves education staff in the process.
Congress asserts that the role of private finance and business personnel in education is secondary to the creation of a publicly funded, publicly accountable education system, which is not mortgaged to the private sector or contingent on the interests of private capital.
NATFHE - The University and College Lecturers’ Union
AMENDMENT
Insert new final paragraph:
'In addition, an essential requirement for an effective post-16 system is the stimulation of increased demand for training from employers. Congress believes this can be achieved only by application of a sector-based statutory framework providing for financial incentives supporting companies that train and penalising those that do not.'
Graphical, Paper and Media Union
AMENDMENT
In sub-paragraph iii), line 3, before semi-colon insert:
'without reduction in real terms’ funding in any sector'.
Insert new final paragraph:
'Congress express its disappointment at the lack of sufficient representation of teacher and lecturer unions on local and national learning and skills councils. Congress instructs the General Council to maintain and expand co-ordination on LSCs between affiliates through a working group.'
National Union of Teachers
83 CONNEXIONS
Congress notes that up to 10% of 16 to 18-year-olds are not currently in education, employment or training. Congress recognises that the introduction by the Government of the Connexions Card represents a genuine attempt to promote widening participation.
Congress welcomes the pilots of the Connexions Card and believes that they should be informed by a structured involvement of the trade union movement. In particular, those unions with a direct interest in the learning and skills agenda should be given an opportunity to shape this important development.
Congress therefore calls upon the General Council to establish appropriate mechanisms for consultation between Government and unions across the whole range of Connexions initiatives. These mechanisms should ensure that the unions representing education and training practitioners should, as key stakeholders, be given an assured involvement.
Association of Teachers and Lecturers
84 HEALTH SCREENING IN SCHOOLS
Congress deplores the decline in the provision of health screening in schools. Checks carried out in primary schools by podiatrists and other health professionals are a cost-effective way of screening for defects that might not be picked up otherwise, and provide an ideal opportunity to offer simple health education to children. Congress calls on the UK Health Departments to introduce comprehensive health checks and health education in schools.
Society of Chiropodists and Podiatrists
Section 8 protecting people at work
85 HEALTH AND SAFETY
Congress welcomes the initiative of the Deputy Prime Minister and the HSC in calling a Construction Safety Summit in February 2001. The Safety Summit was called against the background of a significant increase in fatal accidents in the last year and a total of 938 construction fatalities in the last decade. Congress also notes that 25,000 workers are forced to leave work every year through occupational ill-health - a large number of these from the construction industry.
Congress is concerned that the safety of construction workers is severely compromised by the widespread use of bogus self-employed labour and the hostility of many employers to trade union health and safety representation.
Congress notes that the Government are committed to introducing a wide-ranging Safety Bill. Congress also notes that as part of in the consultation document Work and Parents: Competitiveness and Choice, the Government made a commitment to review employment status. Congress urges the Government to make parliamentary time at the earliest opportunity to introduce regulations to include:
i) provision for trade union roving health and safety representation where appropriate;
ii) full legal and industrial protection from dismissal for trade union health and safety representatives, including the right to stop the job where there is a threat of serious injury;
iii) a new offence of corporate killing with provision for a custodial sentence;
iv) provision for occupational health, including rehabilitation as part of the Safety Bill; and
v) the introduction of a clear legal definition of a ‘worker’, rigorously enforced.
Union of Construction, Allied Trades and Technicians
86 HEALTH & SAFETY EDUCATION
Congress calls for the promotion of better health and safety management education in schools, colleges, universities and further/higher education establishments.
This should result in all aspects of health and safety being adopted so that workplaces of the future are better built, designed, managed and ultimately safer, healthier places for our members to work in.
Bakers, Food and Allied Workers Union
87 RACE MONITORING OF VIOLENCE AT WORK
This TUC is concerned about continuing reports of violence at work towards Black and Asian employees.
In light of the recommendations of the McPherson report on the Stephen Lawrence enquiry, Congress is concerned that the HSE is not in a position to monitor the race and ethnicity of employees who are assaulted, injured or put at risk by dangerous incidents at work.
Congress calls on the TUC and its representatives on the Health and Safety Commission to campaign for:
i) changes in the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) and the Social Security (Claims and Payments) Regulations and Accident Book BI 510; and
ii) the HSE and Local Environmental Health Officers to take a more pro-active and robust role in the prevention of such incidents.
NAPO
88 DRUG AND ALCOHOL POLICY
Congress believes that the punitive and judgemental approach towards drug and alcohol policies adopted by most UK employers is misconceived. The policies are largely based on the spurious notion that random testing will solve workplace drug and alcohol problems. There is a great deal of evidence to the contrary.
Drug and alcohol abuse constitutes a serious health and safety issue, but policies so far ignore this aspect. Whilst some attempts are made towards rehabilitation, the emphasis is on surveillance and punishment. Individuals identified as 'guilty' of abuse are normally dismissed. Congress believes that this approach is both inefficient and inhumane and that a better alternative exists. In addition, determined abusers can employ techniques to avoid detection whilst routinely reporting for work when their performance is impaired or even unsafe.
Furthermore, research into the evidence on screening programmes does not support the reliance which employers place upon them. We point to the example of the US airline industry where a system of peer intervention for pilots has since 1991 successfully rehabilitated 560 individuals and returned them to productive flying. Random testing on the other hand identified only one tenth of that level.
Whilst random testing has superficial public and political appeal, it is a flawed method of detecting and dealing with drug and alcohol problems. Congress calls on the TUC to campaign at governmental level and amongst affiliates to promote widely the rehabilitative approach as an alternative to the punitive testing and screening approach.
The British Air Line Pilots Association
89 INCLUSION OF MAXIMUM WORKING TEMPERATURES IN HEALTH AND SAFETY COMMISSION CODE OF PRACTICE
Congress notes that while there is a legal minimum temperature for workplaces, there is no equivalent maximum. Reports show that high temperatures are a major hazard causing injuries and illness at work, both directly and as a result of greater stress, increased violence and lack of concentration. Problems over excessive high temperature are also a source of considerable disruption in different workplaces. The most recent TUC survey, which shows stress as the biggest concern reported by safety representatives, also shows that violence at work and high temperatures were cited by many to be a main hazard in their workplace.
Congress recognises the strong TUC call in 1997 for the Health and Safety Commission to address this issue, although no satisfactory response was obtained. The same practical problems that are cited for not establishing a maximum temperature applied equally to setting a minimum temperature and these were successfully dealt with.
Congress therefore calls for consistent pressure to be put on the Government and the HSC to establish a maximum working temperature within the existing Code of Practice on Workplace Health, Safety and Welfare. Exactly as is done with minimum temperatures, special provision can be made for situations that require working in very hot conditions.
Musicians’ Union
Section 9 devolution and democracy
90 REGIONAL ASSEMBLIES IN ENGLAND
Congress notes the commitment in the Labour Party’s Election Manifesto to develop Regional Assemblies in England and expresses concern that this commitment was absent from the Queen’s Speech. However, the Government is committed to consultation and Congress supports legislation to provide democratic regional assemblies.
Congress believes that all regions require an autonomous democratic voice in line with those in most other European countries. The establishment of the Scottish Parliament and the Northern Ireland and Welsh Assemblies have provided the communities they serve with a voice and with powers to assist them to develop and sustain their local economies, support their industrial base and tackle employment issues. Congress believes that England, without similar structures, could be disadvantaged within Europe.
Regional Assemblies would provide a means to determine regional priorities for action and implementation taking into account the needs of the region concerned. The issues to be dealt with will include employment, public services, manufacturing, skills training, regional planning, transport and infrastructure. Congress recognises that the development of such regional strategies by Assemblies would help TUC affiliates to further the interests of their members and their families.
Congress demands legislative time to enact this important democratic agenda and looks forward to engaging constructively in the consultative process on the legislation.
Manufacturing Science Finance
91 REGIONAL GOVERNMENT
Congress agrees to develop a co-ordinated policy to influence the debate on the future of regional government including regional assemblies, following the decision to split regional policies between at least three government departments after the 2001 general election.
Congress agrees that TUC policy should highlight:
i) providing opportunities for localised joined-up government projects, giving citizens easier access to quality government services, protecting and enhancing public sector employment;
ii) making lifelong learning a reality with regional government co-ordinating education providers, trade unions and employers, providing access for all across local areas; and
iii) reconnecting citizens to government by increasing participation in elections and other democratic processes with citizens able to identify the impact of their vote on public service delivery in their areas.
Congress instructs the General Council to establish a working party to undertake the following work, reporting back to the Council by April 2002:
a) organise a major policy forum involving trade unions, politicians and other relevant domestic and international organisations to identify opportunities and barriers to delivering regional government, ways of engaging union members and citizens in the process and establishing partnership opportunities between the participants to progress the agenda;
b) commission qualitative research amongst unions and citizens to examine ways of reconnecting people to political and democratic processes such as the Milton Keynes referendum on council tax proposals; and
c) produce a TUC strategy for unions to use to influence political debate on regional government, highlighting opportunities for meeting unions, government and public agendas.
Public and Commercial Services Union
AMENDMENT
Insert new first paragraph:
'Congress expresses concern at increasing disengagement from political processes by citizens perceiving that government is neither accountable nor responsive to local and regional concerns, reflected in the low General Election turnout.'
Insert new sub-paragraph i):
'i) the benefit of devolved policy-making and delivery of public services, providing better frameworks for their reform and enhancement;'.
FDA
AMENDMENT
In paragraph 1, line 3, delete all from 'including' to end of paragraph and insert:
'and welcomes the Government’s undertaking to legislate for regional assemblies where there is public support.'
In sub-paragraph i), line 2, delete 'projects'.
In sub-paragraph i), line 4, delete 'government'.
Delete sub-paragraphs (ii) and (b).
In existing sub-paragraph iii), line 1, before 'reconnecting' insert:
'the principle of decentralising power to the lowest level thereby'.
UNISON
92 DEVOLUTION, TRADE UNIONS AND TRADE UNION CENTRES
Congress believes that devolution in Scotland, Wales and Northern Ireland has fundamentally changed the political context within which trade unions operate in those parts of the United Kingdom.
Congress welcomes the increased access of trade unions to government achieved through the Scottish Parliament and the Welsh and Northern Irish Assemblies, and congratulates affiliates and the STUC, WTUC and ICTU for the efforts they have made to make full use of this access on behalf of their members and affiliates.
Congress believes that the structural and other relationships between the TUC, STUC, WTUC and ICTU should be reviewed in the light of the lessons learned in the first few years of operation of devolution.
Congress calls on the General Council to:
i) initiate discussions with the STUC, WTUC and ICTU in furtherance of this policy; and
ii) promote a similar review by individual affiliates of their arrangements for supporting members in Scotland, Wales and Northern Ireland.
Educational Institute of Scotland
Section 10 international
93 PEACE IN PALESTINE
Congress supports all moves towards establishing peace in Palestine and recognition of an independent Palestinian state alongside Israel in accordance with UN Resolutions.
Congress therefore:
i) deplores the use of excessive force by the Israeli army;
ii) calls for an end to the building of Jewish settlements in Palestinian territory;
iii) calls for the withdrawal of Israeli forces from Palestinian territory; and
iv) opposes the use of force to prevent a solution based on the rights of both Palestinians and Israelis to statehood.
Congress calls for the resumption of peace talks and for the active involvement of the United Nations in policing the situation.
Fire Brigades Union
94 GLOBALISATION
Congress notes the increasing globalisation of trade in goods and services; and the powerful role played by transnational companies in this process.
Congress believes that in both the developed and developing world jobs and communities are damaged as transnational companies seek out ever cheaper sources of labour, without consideration for human rights or the environment.
Congress therefore welcomes the TUC’s continuing efforts at an international level to achieve the application of employment standards based on core ILO conventions. However, Congress believes further action is needed and calls on the General Council to:
i) in partnership with other affiliates of the ETUC and ICFTU, develop a clear strategy for securing the enforcement of ILO conventions, including clarification of the trade union position regarding the role of the WTO and ILO in these matters;
ii) press the UK Government to actively support human rights issues, and the application of core labour standards, in its negotiations on international trade;
iii) form alliances with appropriate NGOs who share the TUC’s agenda on human rights; and
iv) encourage affiliates to negotiate framework agreements with transnational companies, with particular emphasis on basic human rights.
KFAT
AMENDMENT
Insert new final paragraph:
'Sustainable economic growth can be achieved from a business community that has the highest standards of dignity, integrity and social inclusion in the UK and worldwide. The General Council should press the Government to consider legislation that will ensure companies engender responsible global citizenship.'
UNIFI
AMENDMENT
Insert new sub-paragraphs v) to vii):
'v) support the trade union movement in developing countries in their struggle to achieve the ILO core labour standards;
vi) name and shame transnational corporations operating in Britain and the developing world who breach ILO Conventions; and
vii) use TUC influence to encourage ethical investment in the use of pension funds.'
Union Of Construction, Allied Trades and Technicians
AMENDMENT
Insert new sub-paragraph ii) and re-number existing sub-paragraphs iii) and iv) as iv) and v):
'ii) seek a full assessment of the impact on public services of the application of the WTO’s General Agreement on Trade in Services;'.
Communication Workers' Union
AMENDMENT
In paragraph 1, line 4, after 'process.' insert:
'Congress also notes the huge increase in social inequality both within and between countries that engage in the global economy.'
Insert new sub-paragraph v):
'; and
v) support attempts by affiliates of the ETUC and ICFTU to work, in conjunction with national governments, to develop local economic alternatives to the global economy.'
Transport Salaried Staffs' Association
AMENDMENT
Delete sub-paragraph i) and insert:
'i) in partnership with all sections of the international trade union movement develop a clear strategy for securing the implementation and enforcement of ILO Conventions, particularly core labour standards, including their adoption in the work of the World Bank, the IMF, the WTO and all other relevant international organisations;'
Fire Brigades Union
95 ILO CONVENTION NO. 29 FORCED LABOUR IN PRISONS
Congress recognises the terms of ILO Convention No. 29 Articles 2 (2) (c) which demands that prisoners should not be 'hired or placed at the disposal of private individuals, companies or associations'.
Congress insists that the UK Government accept its obligations to the ILO Convention in full.
Prison Officers’ Association
96 EXPLOITATION OF WORKERS IN WEST AFRICA
Congress deplores the continuing exploitation of workers engaged in cocoa bean production in the countries of West Africa.
The never-ending appetite of consumers in developed nations for a wide range of cheap chocolate and chocolate-based products condemns thousands of workers to abject poverty and slave-like working conditions.
In addition, regular demands for increased production, due to falling international commodity prices, creates appalling environmental and ecological damage within the producing countries.
Congress agrees that the responsibility to change this position lies in a number of areas.
Firstly, companies engaged in the manufacture of chocolate products must be persuaded to pay realistic prices on the international commodity markets, develop products in accordance with Fairtrade standards and ensure they have robust ethical policies. Failure to do so simply perpetuates the problem and allows the scandal to continue.
Secondly, Congress believes the UK Government has a moral responsibility to campaign on the international and domestic stage for an ending of this major international problem. The establishment of realistic and permanent economical trade arrangements with the countries concerned would then be in line with the Government’s declared ‘ethical’ foreign policy.
Finally, the TUC should campaign to make the ordinary shopper aware that they are able to exercise their option to purchase chocolate-based products which bear the Fairtrade mark. This will give them the assurance that the product has reached the supermarket shelf without involving the exploitation of fellow workers.
British Dietetic Association
Section 11 TUC organisation
97 TUC CONGRESS
Congress welcomes the agreement reached by the TUC General Council to allow one motion each to be forwarded from the Women’s, Black Workers’, Lesbian and Gay and Disability Conference to TUC Congress.
Congress acknowledges that this decision should also be used to address the lack of representation and speaking opportunities from these under-represented groups at TUC Congress.
Congress notes:
i) the current proposal to refer the motion from the TUC Black Workers’ Conference to the union from which it originates, to be moved at Congress, is however, unacceptable;
ii) the need for the Black Workers’ Conference to select which motion goes to Congress, indicates clearly that the motion is therefore the property of the Black Workers’ Conference; and
iii) Congress believes that the current proposal will diminish the role of the Black Workers’ Conference by denying the ownership of their motion.
Congress, affiliates and activists are called upon to ensure:
a) an increase in the number of black delegates to TUC Congress; and
b) that the TUC Race Relations Committee select from amongst its members the mover and seconder of the agreed motion for and on behalf of the TUC Black Workers’ Conference.
Communication Workers’ Union
(Motion selected by the 2001 Black Workers’ Conference for submission to Congress)
AMENDMENT
In paragraph 1, line 5, after 'Conference' insert: '(the four ‘equality’ conferences)'.
In sub-paragraph i), lines 2 and 3, delete 'the TUC Black Workers’ Conference' and insert 'each of the equality conferences'.
In sub-paragraph ii), lines 1 and 2, delete 'the Black Workers’ Conference' and insert 'each of these equality conferences'.
In sub-paragraph ii), lines 4 and 5, delete 'the Black Workers’ Conference' and insert 'the equality conference which selected that motion'.
In sub-paragraph iii), lines 2 and 3, delete 'the Black Workers’ Conference' and insert 'the equality conferences'.
In sub-paragraph b), line 1, delete 'the TUC Race Relations Committee' insert 'the TUC Committee covering each area of equality'.
In sub-paragraph b), lines 4 and 5, delete 'the TUC Black Workers’ Conference.' and insert 'its respective equality conference.'
National Union of Journalists
98 TUC YOUTH
Congress believes that the TUC Youth Conference and Youth Committee should have a status that is equal to those of the Women’s Section, Black Workers’ Section and Lesbian, Gay and Bisexual Section.
In order for trade unions to continue their growth in recent years, they will have to increase their responsiveness to the needs of young workers, women workers, black workers and gay workers. Current trade union structures do not provide for the most effective representation of young people’s concerns at work and hence reform should start within the TUC. TUC youth structures with the same democratic powers as women, black and gay workers would be a good step forward, because those structures provide a demonstrably more effective model of representing sections of the workforce whose concerns have been overlooked in the past.
Congress therefore calls for the TUC Youth Conference to be reformed so that it holds elections for the TUC Youth Committee and instructs the TUC Executive Committee to explore all avenues to ensure that young workers issues are effectively represented within the TUC structures, including the feasibility of:
i) the TUC Youth Conference featuring motions to Congress; and
ii) a seat on the TUC Executive.
UNIFI
Section 12 nominations
General Council and General Purposes Committee
General Council Section A
UNISON
(six members)
Dave Anderson
Veronica Dunn
Dave Prentis
Alison Shepherd
Liz Snape
Keith Sonnet
Amalgamated Engineering and Electrical Union
(four members)
Danny Carrigan
Sir Ken Jackson
Maureen Rooney
Dougie Rooney
GMB
(four members)
Sheila Bearcroft
John Edmonds
Jean Foster
Paul Kenny
Transport and General Workers’ Union
(four members)
Barry Camfield
Peter Landles
Bill Morris
Marie Vannet
Manufacturing Science Finance
(three members)
Sharon Allen
Roger Lyons
Paul Talbot
Communication Workers’ Union
(two members)
Jeannie Drake
Tony Young
Graphical, Paper and Media Union
(two members)
Tony Burke
Tony Dubbins
Union of Shop, Distributive and Allied Workers
(two members)
Marge Carey
Bill Connor
Public and Commercial Services Union
(two members)
Gwenda Binks
Barry Reamsbottom
National Union of Teachers
(two members)
Pat Hawkes
Doug McAvoy
General Council Section B
UNIFI
(one member)
Ed Sweeney
National Association of Schoolmasters Union of Women Teachers
(one member)
Nigel De Gruchy
Union of Construction, Allied Trades and Technicians
(one member)
George Brumwell
Association of Teachers and Lecturers
(one member)
Peter Smith
General Council Section C
(eleven to be elected)
Jonathan Baume
FDA ..........................................................................................................
Brian Caton
Prison Officers’ Association ......................................................................
Paul Gates
KFAT ........................................................................................................
Andy Gilchrist
Fire Brigades Union ..................................................................................
Michael Leahy
ISTC - The Community Union .................................................................
Ian McGarry
Equity (incorporating the Variety Artistes Federation) ..............................
Judy McKnight
NAPO - The Trade Union Association for Family Court and Probation Staff
Paul Mackney
NATFHE - The University and College Lecturers’ Union ........................
Joe Marino
Bakers, Food and Allied Workers’ Union ..................................................
Ged Nichols
Independent Union of Halifax Staff ..........................................................
Doug Nicholls
Community and Youth Workers’ Union ...................................................
Paul Noon
Institution of Professionals, Managers and Specialists ..............................
Brian Orrell
National Union of Marine, Aviation and Shipping Transport Officers .....
Mick Rix
Associated Society of Locomotive Engineers and Firemen ........................
Richard Rosser
Transport Salaried Staffs’ Association .......................................................
Arthur Scargill
National Union of Mineworkers ...............................................................
General Council Section D
(four to be elected)
Clare Clark
Alliance and Leicester Group Union of Staff ...........................................
Julie Grant
Association of Teachers and Lecturers .....................................................
Anita Halpin
National Union of Journalists ................................................................
Penny Holloway
Association of University Teachers ..........................................................
Lesley Mercer
Chartered Society of Physiotherapy ........................................................
Jenny Thurston
Institution of Professionals, Managers and Specialists .............................
General Council Section E
(one to be elected)
Mohammad Taj
Transport and General Workers’ Union ..................................................
General Council Section F
(one to be elected)
Leslie Manasseh
Connect ...................................................................................................
General Council Section G
(one to be elected)
Sharon Liburd
Association of Teachers and Lecturers ....................................................
Gloria Mills
UNISON .................................................................................................
General Council Section H Member representing trade unionists with disabilities
(one to be elected)
Sally Bridge
Communication Workers’ Union .............................................................
Mark Fysh
UNISON .................................................................................................
General Council Section I Member representing lesbian and gay trade unionists
(one to be elected)
Maria Exall
Communication Workers’ Union .............................................................
Gerard Kelly
NATFHE - The University and College Lecturers’ Union.........................
David Lascelles
GMB ......................................................................................................
Tim Lucas
National Union of Teachers ....................................................................
General Council Section J Member under 27 years of age
(one to be elected)
Simon Baugh
Amalgamated Engineering and Electrical Union .....................................
Phil Pinder
Transport and General Workers’ Union ...................................................
General Purposes Committee
(five to be elected)
Frank Cave
National Union of Mineworkers .............................................................
John Cogger
National Union of Rail, Maritime and Transport Workers ......................
Roger Maskell
Amalgamated Engineering and Electrical Union ......................................
Andy Smith
Transport and General Workers’ Union ...................................................
Pauline Thorne
UNISON ..................................................................................................
Gerry Veart
GMB ........................................................................................................
Canadian Delegation
Bill Morris ...............................................................................................
No nomination for AFL/CIO Convention
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Congress House
Great Russell Street
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fax 020 7636 0632
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