Decisions of 2004 Congress

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Congress Decisions 2004

Listed below are the decisions taken by the 2004Trades Union Congress on the motions and amendments submitted by unions.

The numbers given to resolutions and motions refer to their number in the Final Agenda, or to that of the Composite or Emergency Motion.

Resolutions Carried

10 Organising and recruiting women at work

Congress recognises that the trade union movement is failing to attract sufficient new recruits amongst working women, and believes that the TUC must take urgent action to assist affiliates to recruit women members, by addressing the issues of major relevance to women in the workforce.

Congress calls upon the General Council to develop a comprehensive package of measures entitled ‘a new deal for working women’, to press the Government for legislative and any other action necessary to implement the measures, and to campaign for and publicise the ‘new deal for working women’, in order to help affiliates to organise and recruit women at work.

Congress notes that women workers continue to suffer discrimination on core issues like pay, pensions, training and promotion, and this Congress believes that action to gain ‘a new deal for working women’ should be placed, as a priority, at the centre of the bargaining agenda for the TUC and its affiliates.

Specifically, the ‘new deal for working women’ package should include:

i) compulsory equal pay audits for all employers to tackle pay discrimination;

ii) reform of the national insurance rules and the state pension scheme to increase security in retirement for women workers;

iii) proposals for increasing opportunities for training and skills development amongst women, including audits of action taken by employers and skills councils;

iv) comprehensive measures to ensure working women can achieve a work-life balance;

v) a requirement for employers to conduct specific risk assessments to identify health and safety risks to women workers.

GMB

11 Organising black workers

Congress welcomes the TUC Equality Audit report as a positive step forward in identifying what action trade unions are undertaking to put equality principles into practice and where improvements need to be made.

Congress believes that self-organisation is the fundamental principle on which equality strategies should be based and that collective bargaining on race equality is key if institutional racism in the labour market is to be defeated. It further believes that the organisation and recruitment of black workers is vital if future progress is to be made in addressing the problems that black workers face in the workplace and in encouraging increased participation in the trade union movement.

Congress further believes that current employment legislation that excludes companies employing 20 or fewer workers from recognition rights is discriminatory, as evidence shows that the majority of employees in these companies are female and from ethnic backgrounds.

Congress calls for unions to build on the considerable work of the TUC and its affiliates in the area of recruitment and organisation of black workers. This work needs sustained, committed support through:

i) identification of the role of the trade union in achieving basic entitlements and informing black workers of their rights;

ii) promotion of all the additional benefits that union membership and organisation bring;

iii) development of programmes of organising and networking activities; and

iv) strengthening of, and engagement within, union structures and campaigns.

A key part of the process is the continued monitoring, according to ethnicity, of the black membership and activist levels and campaigns that specifically target young black workers and other low-participation sub-groups.

It is important to ensure that black trade union members and activists are fully involved in developing and participating in such organising and recruitment activities.

Congress calls on the General Council to:

a) develop a detailed strategy for organising black workers across the trade union movement and increasing participation in the trade union structures;

b) include in the strategy indicators by which its progress and success can be measured;

c) work with the General Council to promote this strategy amongst affiliates and to encourage unions to formulate their own race equality strategies and schemes; and

d) campaign with other organizations to seek to remove discriminatory recognition legislation applying to small companies.

TUC Black Workers’ Conference

12 Equality/human rights commission

Congress is opposed to any proposal to create a joint equality commission and human rights commission on the grounds that the two commissions have separate and distinct remits and that to merge their work would do justice to neither.

Furthermore, Congress believes that a single equality commission will not serve women, unless:

i) a single equality act is firstly introduced which should include a duty to promote equality across all strands in the public, private and voluntary sectors;

ii) it has separate sections on issues particular to each discriminated group;

iii) it has a structure that allows for a clear and equal voice on each equality strand;

iv) trade unionists and members of each equality strand are represented among the commissioners;

v) the overall budget for the commission is much greater than for the three existing ones; and

vi) the duty to undertake formal investigations, to enforce the law and to support legal cases is included among the commission’s priorities, and that sufficient funding is provided for these purposes.

TUC Women’s Conference

16 Fair deal for women

Congress applauds the TUC’s campaigning work on equalities over the past year. Congress however, recognises the significant inequalities still faced by women at work.

Congress condemns the continuing pay inequalities across all sectors and notes that women working full time still earn, on average, 19 per cent less than men.

Congress deplores this continuing pay discrimination which devalues the work of public and private sector workers.

Low pay, term-time and part-time working are all areas where women are particularly at risk of discrimination.

Congress recognises the many additional demands placed on women, particularly around employer inflexibility and caring responsibilities, and calls on the General Council to campaign for:

i) effective equal pay legislation;

ii) mandatory pay audits and full funding to tackle the gender pay gap across the economy, in particular the public sector;

iii) a requirement on private contractors to carry out pay audits;

iv) a requirement on employers to promote equal treatment for part-time workers;

v) investment in training and career development;

vi) flexible arrangements for all women workers who have care responsibilities for children, elders and other dependants;

vii) action to ensure equal access to pension schemes and their benefits; and

viii) funded initiatives to encourage work/life balance.

Congress calls upon the General Council to demand that the Government ensures that:

a) a ‘Fair Deal for Women’ becomes a political reality; and

b) initiatives to close the gender pay gap are fully funded, legally enforceable, and address past inequalities, as a matter of urgency.

UNISON

17 Violence against women

Congress notes that the experience or threat of violence affects the lives of women and girls everywhere, cutting across boundaries of wealth, race, and culture.

Congress congratulates trade unions that have adopted policies and taken action to address violence against women, and welcomes the UK Government’s introduction of the Domestic Violence Bill. However, as evidence shows that acts of violence against women in the UK include honour killings, forced marriage, rape, sexual

violence, trafficking, female genital mutilation, physical abuse and others, Congress believes that further action is needed.

Congress believes in the creation of a world in which women and girls are afforded their basic human rights, and that this can be achieved if:

i) governments world-wide abolish laws that discriminate against women and establish new laws that provide protection and equality for women;

ii) governments and armed groups around the world end impunity for violence against women during times of conflict and post-conflict; and

iii) public attitudes that normalise and accept violence against women are challenged and changed.

Congress therefore calls on the General Council to:

a) lobby the UK Government to develop a national strategy to address all aspects of violence against women in the UK, based on the commitments it made in the 1995 Beijing Declaration and Platform for Action; and

b) take action through the trade union movement membership, and where appropriate in collaboration with Amnesty International UK and other organisations, to promote awareness of violence against women, and challenge attitudes that normalise and accept violence against women.

Accord

19 Diversity in the workplace

Congress supports the call for the people’s game to draw on its mass appeal in taking a lead to address all inequalities of access, be they race, disability, gender or economic income.

In doing so, Congress notes the success of the work undertaken by the Professional Footballers’ Association and its partners in campaigning against racism through ‘Kick It Out’, football’s anti-racism campaign.

Congress wholeheartedly supports the PFA in calling for the governing bodies of football to address themselves to the changing agenda within the game, and to tackle continuing exclusions, particularly those that relate to the lack of opportunities being afforded to former black players as coaches and managers, to young Asians as players, and to all ethnic minority communities as administrators.

Professional Footballers’ Association

The following AMENDMENT was accepted .

Add a final paragraph:

Congress further notes the latest initiative to widen access to the health professions launched by ministers on 10th August. Congress calls on the General Council to

support positive measures such as these and press for their extension to other parts of the economy, both public and private.

Chartered Society of Physiotherapy

20 Judicial Review on the Sexual Orientation Regulations 2003

Congress notes the decision in the Judicial Review case brought by Amicus, NASUWT, NATFHE, NUT, PCS, RMT and UNISON on the Sexual Orientation Regulations 2003.

Congress welcomes the restrictions that the judge has accepted to the regulation 7 areas of the legal challenge, thus providing protection to lgb workers in faith organisations.

Congress also supports and welcomes the appeal against the ruling on Regulation 25 (marriage exemption). This appeal will provide the best opportunity to achieve equality in the field of pensions.

Congress therefore:

i) congratulates those unions involved in the appeal and those offering financial support;

ii) calls upon the TUC General Council and affiliated unions to support the appeal to the High Court and any appeal to the European Court of Justice that may be required; and

iii) recognises the costs involved and calls for a further financial appeal both within and outside the trade union movement.

TUC Lesbian, Gay, Bisexual and Transgender Conference

21 Disability rights and Europe

Congress recognises that achieving full civil rights for disabled people depends on constant campaigning by the union movement.

Congress supports the draft EU Disability Directive which, if adopted, would improve disabled people’s rights by making discrimination unlawful in social security provision, in the design of manufactured goods, and by requiring private companies to demonstrate compliance in order to qualify for European or other governmental contracts.

Congress also believes that the Government should ratify Protocol 12 of the European Convention on Human Rights which would provide a free-standing right to be protected against discrimination in the delivery of any right guaranteed by UK law.

Further, Congress believes that in addition to political campaigning, unions can also achieve major improvements in employment practices through workplace-based campaigns aimed at embedding social inclusion for disabled workers at work.

Congress calls on the General Council to:

i) press affiliated unions to develop projects aimed at negotiating best practice for disabled people at work;

ii) campaign through the ETUC, the European Commission, and the UK Government to have the draft Disability Directive put forward by the Commission at the end of the European Year of Disabled People; and

iii) campaign for Protocol 12 to be ratified.

TUC Disability Conference

34 35-hour working week

Congress welcomes the TUC’s campaign ‘It’s About Time’ and the initiatives taken to highlight the small number of public holidays in Britain.

Congress recognises that the tendency to increase the hours of the workforce is deleterious to the health and welfare of workers in the UK.

Congress registers the important achievements of the union movement in France by having secured from a previous Socialist Party government a statutory 35-hour working week.

Congress accepts that currently individual unions have a wide variety of agreements to secure favourable working time arrangements with employers.

Congress views the National Minimum Wage as a model for securing a statutory safety net for all workers. In the same manner, Congress agrees to commence a long-term campaign for the establishment of a statutory 35-hour working week, sustained by appropriate Parliamentary legislation.

Communication Workers’ Union

The following AMENDMENT was accepted.

Insert new paragraph 3:

Congress also notes that in some public sector workplaces where 35-hour weeks are currently worked, this Government will increase the working week to 37.5 hours without any assessment of the impact of this change on the health, welfare or well-being of staff.

Society of Radiographers

47 Opposition to performance-related pay (PRP)

Congress expresses its concern that there is an intention to introduce performance-related pay (PRP) for public service employees. The success of PRP in the public sector has yet to be proved, is known to lower staff morale, and is in conflict with the team-working ethic that is inherent across the public sector.

The NHS is an example of a public service which is a diverse provider of services to the public, where it is not possible to apply a universal system to objectively measure performance, linked to pay, without introducing subjective interpretation and inequalities.

The introduction of PRP will undermine the mutual support and cooperation inherent in NHS staff, destroying the partnership working which is necessary to introduce and promote health reform.

Congress believes any move to introduce PRP will act as a disincentive for recruitment to the public sector when staffing levels are already in decline.

Congress calls on the General Council to promote partnership working and joint service development, and oppose any attempt to implement cash-led PRP schemes in the public sector.

Society of Radiographers

The following AMENDMENT was accepted .

Insert new paragraph 4:

Likewise, higher education operates through teamwork and collaboration across all staff grades. PRP would fundamentally undermine this, replacing cooperation with competition between colleagues.

Association of University Teachers

49 Decontamination of surgical instruments

Congress is mindful of the importance podiatrists place on treating their patients with decontaminated and sterile instruments. It is the case that at present the NHS takes a fragmented approach to the procurement and decontamination of clinical instruments. The provision of disposable instruments may be convenient but does pose a significant environmental problem as their disposal is in the main only solved via landfill. Also it raises major concerns over the potential increase in work-related upper limb disorders (WRULDs) due to the inability to provide instruments that properly fit the hand. On the other hand, the provision of decontamination of instruments on a central basis is costly and many NHS Trusts cannot provide funding.

Congress calls on the General Council to make recommendations to the Department of Health on the issue of decontamination so that agreement can be reached to provide adequate funding to ensure that the central sterilisation of instruments is realised across the NHS.

Society of Chiropodists and Podiatrists

50 The Government’s five-year strategy for education

Congress, while recognising that the Govern-ment’s five-year strategy for education seeks improvements in provision such as 14-19 education, adult skills and the stability of school budgets, rejects those proposals which undermine comprehensive education.

Congress reasserts its commitment to promoting comprehensive education as the only way of securing equality of access to high quality education at their local schools for all young people.

Congress rejects the Government’s proposed expansion of academies, private sector involvement and faith schools. Congress rejects also

the proposed reduction in the support role of LEAs.

Congress expresses deep concern about the potential for increased selection by ability or aptitude arising from the Government’s emphasis on ‘choice and diversity’.

While welcoming the Government’s recognition that schools should be at the centre of their communities, Congress believes that the Government’s emphasis on ‘independence and specialism’ will undermine the children agenda.

Congress expresses also deep concern about potential threats posed to national pay, conditions and jobs arising from the Government’s strategy.

Congress believes further that the strategy addresses inadequately the learning needs of staff in schools and colleges and calls on the Government to redress this gap.

Congress, in noting the Government’s failure to consult prior to the strategy’s publication, instructs the General Council to:

i) convene relevant affiliates in order to respond to the Government’s proposals and determine a campaigning strategy on them;

ii) seek support for its position from organisations committed to protecting and promoting comprehensive education; and

iii) meet the Government to press the TUC’s position.

National Union of Teachers

The following AMENDMENT was accepted .

Insert new paragraph 8 before the final one:

Congress does, however, welcome the recognition in the strategy of the vulnerability of teachers and other staff to false, exaggerated and malicious allegations by pupils and the commitment to publish proposals to defend their interests.

National Association of Schoolmasters Union of Women Teachers

51 ‘Every child matters’ - children’s services

Congress welcomes the Government’s commitment to protecting children from harm and

neglect and to the provision of high quality

services for all children in every aspect of their lives.

Congress calls on the Government to recognise that this laudable ambition cannot be achieved by:

i) abandoning national frameworks for pay and conditions of service;

ii) privatising public services;

iii) encouraging complete freedom of parental choice of schools;

iv) increasing local autonomy and freedom in school management;

v) creating a false dichotomy between ‘frontline’ and ‘backroom’ services to justify job loss; and

vi) the artificial amalgamation of distinct service provisions or functions at local authority level.

Congress calls on the General Council to campaign to seek to ensure that Government strategies to introduce more coherent and enhanced provision of children’s services are based on:

a) social partnership with the trade unions, building on the good practice developed through the school workforce national agreement (Raising Standards and Tackling Workload);

b) a recognition that greater integration of children’s services will carry significant financial implications;

c) sustained, increased investment in public services;

d) specific measures to tackle economic inequality and to regenerate schools and neighbourhoods; and

e) a full and detailed evaluation of the extended schools pathfinder pilot, including the impact on equality of access.

National Association of Schoolmasters Union of Women Teachers

56 Obesity epidemic

Congress remains acutely concerned about the continuing obesity epidemic in the country, particularly the rise in young children now affected.

Congress calls on the General Council to campaign vigorously for the following steps to be taken to tackle this problem:

i) extend the activities that address nutrition within Sure Start programmes;

ii) ensure more support for local food projects that contribute positively to nutritional status and increase skills and confidence among young people;

iii) reduce drastically the advertising of unhealthy foods targeted at children;

iv) encourage manufacturers and retailers to promote ‘healthy foods’ to the public;

v) highlight the dangers of ‘special offer’ promotions that encourage purchase of large quantities of unhealthy foods for children and also lead to excessive alcohol consumption amongst adolescents and young children;

vi) seek an improvement in nutrition education in schools by supporting healthier food choices, reintroducing cooking skills within the national curriculum, and teaching young people about healthy eating and how to understand food labelling; and

vii) encourage schools to become involved with the Healthy School Standards scheme.

British Dietetic Association

The following AMENDMENT was accepted

At end of paragraph 1 insert:

and the consequent impact on their concentration, behaviour and ability to maximise their educational opportunities

Insert new sub-paragraph vii):

press for adequate funding for schools to obviate the necessity to use vending machines selling unhealthy foods as a way of providing essential revenue

Re-number existing sub-paragraph vii) as viii).

Association of Teachers and Lecturers

57 Inequality and discrimination in higher education

Congress reaffirms its absolute commitment to equal opportunities. In particular Congress believes Government and public service employers should take a lead in ending all forms of discrimination and therefore welcomes the commitment of senior ministers to pursuing the equalities agenda.

Congress believes the role of higher education (HE) in promoting civic values through both teaching and research places a special responsibility on universities and colleges to ensure that equal opportunities are actively promoted at all times. Congress notes there is still a long way to go to ensure women and staff from minority ethnic groups are treated equally and to end discrimination on the grounds of age, disability and sexuality.

Congress notes the continuing pay disparity in HE suffered both by minority ethnic staff and by women who earn 15 per cent less than their male counterparts, and that women academics are more likely to be employed on fixed-term and hourly paid contracts. Congress is also concerned at the negative impact of the Research Assessment Exercise (RAE) on promotion opportunities for women academics and researchers.

Congress therefore calls on:

i) universities and colleges to prioritise the promotion of equal opportunities, take strong measures to reduce the gender and ethnicity pay gaps and implement policies to tackle age, sexuality and disability discrimination - equal pay audits should be implemented across HE with urgency;

ii) the HE funding councils to work with HE trade unions to ensure the next RAE is equality proofed; and

iii) the General Council to support affiliated unions in pursuing these ends.

Association of University Teachers

The following AMENDMENT was accepted.

Throughout: replace ‘higher education’ (‘HE’) with ‘higher and further education’ (‘HE and FE’).

Add to the end of paragraph 2:

Proper implementation of RRRA requirements would transform the situation for minority ethnic staff. They should be introduced for all equality strands.

Add to the end of paragraph 4, subparagraph iii): ‘and press government to extend RRRA to all strands and to the private sector’

NATFHE - The University Teachers

and College Lecturers’ Union

61 Maritime security

Congress expresses its extreme concern at the state of security in the international shipping industry, as demonstrated by the failure to ensure full compliance of ships and ports with this July’s deadline for the introduction of post-9/11 worldwide security measures, agreed by the IMO, a specialist United Nations agency.

Congress also notes the wide differences in the international security regimes applied to the shipping and aviation industries, and calls for the stricter standards of the airlines to be developed for the maritime sector.

Congress also expresses concern at the way in which the rights of merchant seafarers are being eroded by the failure of many countries and many port authorities around the world to uphold important principles of shore leave and access to and from a ship.

Congress also expresses concern at the continuing increase in incidents of piracy and armed attacks on merchant shipping in many parts of the world and the marked intensification in the levels of violence being used against ships’ crews.

Recognising that more than 90 per cent of international trade goes by sea, Congress notes the underlying threat to the principles of peaceful world trade and urges the UK Government to seek the support of other states for wider cooperation on a multilateral basis to provide improved protection for merchant ships and their crews.

National Union of Marine, Aviation and Shipping Transport Officers

62 Transport

Congress believes that in order to maintain the economic well-being of the United Kingdom, LGV drivers should be encouraged to remain within the logistics industry and the industry should attract new driving recruits.

Congress asks the General Council to endorse the campaign and lobby the Government to seek to have the LGV medical examination fee available to drivers through the NHS, at no cost to LGV drivers.

United Road Transport Union

The following AMENDMENT was accepted

Add:

Tiredness kills, and Congress calls for real efforts to reduce the ‘long hours culture’ for professional drivers, including self-employed and agency drivers, and provide proper rest facilities.

Congress also demands action to tackle violence against transport workers, including better police response, tougher penalties and use of Anti-Social Behaviour Orders.

Transport and General Workers’ Union

70 Media ownership

Congress calls on the Government to change the rules governing media ownership, to ensure that those who control the means of influencing public opinion on national and European issues are citizens of the EU with a social and political stake, not just a financial stake.

Just such a media owner is Rupert Murdoch: an avowed anti-European, pro-Bush, pro-war manipulator. Murdoch is a blatant wielder of political influence, using his four major newspaper titles (which constitute 32 per cent of the British newspaper market) to exert influence on our government and sway the opinions of our citizens. His ownership of book publishing imprints gives him an unhealthy influence over the cultural life of the UK. His control of the BSkyB satellite broadcasting system is ignored by UK and European regulators, but allows him to circumvent quotas on domestic and European production and to infiltrate biased material such as the US Fox News channel. Yet Murdoch is not a citizen or a tax-payer.

Congress notes with concern that the Communications Act has increased the scope for non-European-based individuals and corporations to gain control of UK media. Congress notes that it would be impossible for European citizens to achieve similar power and influence in the United States or many other countries.

Congress calls on the Government and European institutions to reconsider legislation and regulations governing media ownership, with a view to ensuring that those who own and control the media make a fair contribution to society and are democratically accountable.

Writers’ Guild of Great Britain

The following AMENDMENT was accepted .

In paragraph 1, line 1, after ‘ownership,’ insert:

and, in particular, to re-instate the bar on non-EU ownership of Channel 3 companies and of Channel 5,

Broadcasting, Entertainment, Cinematograph and Theatre Union

72 Licensing Act

Congress welcomes the Government’s commitment to the future of live music performance and the setting up of the Live Music Forum by Arts Minister Estelle Morris. The Forum will monitor the introduction of the Licensing Act 2003 in respect of the provision of live music and attempt to encourage venues to take up the option of providing entertainment when applying for licences under the new legislation. The Forum will also monitor licensing policies, ensuring that licensing authorities include a commitment to live music and culture in general.

However, concerns remain about a number of issues, in particular the licensing and future use of common land and local authority owned open spaces. Circuses and Punch & Judy shows, which rely on the availability of open spaces, are part of our national heritage and are now seriously under threat because of the change in the licensing regime. In addition, many small venues such as restaurants and wine bars, which benefit from an exemption for two performers or less under the current legislation, will in future have to opt positively for entertainment to be included in their new premises licence. Although no cost will be incurred, the venue owners are fearful that they will be subject to onerous licensing conditions and inspection, as experienced by many entertainment venues under the old regime.

The Government is keen to demonstrate that the new law will be good for music and grassroots culture in general. Congress supports and encourages these aims.

Musicians’ Union

73 Use of union contracts in publicly owned entertainment venues

Congress recognises that professional entertainers and theatre companies work in many different publicly owned venues, including municipal buildings, theatres, halls, schools, colleges and open spaces. Congress notes that standard employment contracts provided by Equity are available for use by these venues and that they provide minimum terms and conditions necessary to ensure that these entertainers and companies are sufficiently protected. Despite the availability of these contracts, it is often difficult to ensure their universal application owing to the casual and intermittent nature of this form of employment for entertainers. Congress therefore calls upon those affiliated unions who have recognition with the owners of such publicly owned venues to work with Equity to ensure that the employers offer union contracts to professional entertainers and theatre companies.

Equity

The following AMENDMENT was accepted

Throughout, add ‘and the Musicians’ Union’ after each occurrence of ‘Equity’.

Musicians’ Union

74 Prison overcrowding

Congress recognises the serious difficulties that are facing prison staff due to the rise in the level of mentally ill offenders, an increase in violence in prisons and the ongoing reduction in resources available to the prison service.

Further, Congress reaffirms its condemnation of prison overcrowding as inhumane, dangerous but preventable. Congress agrees to campaign actively with prison unions for legislation to make prison overcrowding an unlawful act under European and international law.

Prison Officers’ Association

75 Criminal sentencing policy

Congress recognises the need for a modern criminal sentencing policy. Congress insists the Government consult more closely, through the Public Service Forum, with the criminal justice unions in order to ensure that credible non-custodial sentencing is used and that prison is reserved for those offenders who present a persistent or serious threat to society.

Prison Officers’ Association

76 National Offender Management Service

Congress expresses deep concern over the Government’s establishment of NOMS - the National Offender Management Service.

Congress is concerned that the establishment of NOMS:

i) was announced without any parliamentary scrutiny or consultation with the criminal justice trade unions and without the production of a business case;

ii) involves dismantling the probation service in order to introduce the purchaser/provider model and the threat of privatisation;

iii) will lead to competition rather than cooperation between the prison and probation services and the voluntary sector;

iv) threatens to use privatisation to undermine the jobs, terms and conditions and health and safety of staff in the prison and probation services; and

v) removes local accountability for the work of the probation service, threatening to increase the layers of bureaucracy and to weaken the links with the diversity of the local population.

Congress believes that NOMS, as currently proposed, will be another example of bungled administrative change which will fail, thereby putting at risk its very objectives - the reduction of crime and the protection of the public.

Congress therefore calls on the General Council to continue its work with unions in the criminal justice system to campaign against NOMS as currently proposed and put pressure on the Government to work with the unions and other stakeholders to develop an effective criminal justice system based on the principles of:

a) diversity;

b) full trade union rights;

c) national collective bargaining; and

d) public ownership.

Napo

The following AMENDMENT was accepted

Add to the end of sub-paragraph iv): ‘who are facing an increasing prison population’.

Prison Officers’ Association

The following AMENDMENT was accepted

Delete paragraph 1 and paragraph 2 up to the colon and insert:

Although Congress welcomes the Government announcement of 20th July which decided not to threaten the immediate future of the Probation Service by splitting it in two, it remains concerned that the establishment of NOMS, the National Offender Management Service:

Sub-paragraph ii): delete ‘dismantling’ and insert ‘the reorganisation of’.

Sub-paragraph v): delete from ‘removes… bureaucracy and’ and insert ‘threatens’.

Paragraph 3: delete from ‘will… thereby putting’ and insert ‘is poorly designed and puts’.

Paragraph 4: delete from ‘in the criminal… proposed and’ and insert ‘to’. Line 5: delete ‘the’ and insert ‘trade’.

Napo

78 Our future in Europe

Congress notes that whilst it is important for the UK trade union movement to express a view on the principles of the European Union and its constitution the fact remains that liberalisation poses real and practical challenges to our core responsibilities of representing, negotiating and organising members and potential members.

Congress notes that this is no more self-evident than in the growth of businesses that straddle national boundaries. In this respect the functioning of European Works Councils lacks the bite to help organise or the structures to deliver on an increasingly complex employment and social agenda. Congress believes that the importance of these developments calls for fresh thinking on how we organise and may even lead to radical solutions such as pan-European trade unions.

In recognition of this the General Council is instructed to undertake research amongst affiliates on the problems being experienced and to engage colleagues in Europe in holding a seminar during the UK presidency on how we might collectively rise to this challenge.

British Air Line Pilots’ Association

79 Migrant workers

Congress notes the growing number of migrant workers across the world and values their important contribution to the global economy and a diverse and inclusive society. Many are highly skilled individuals whose abilities and knowledge play an important role in their host country. In particular, the contribution of migrant professionals, including refugee academics, and of foreign students to the ability of the UK to compete in the knowledge economy and to the creation of a more inclusive society should be celebrated.

Congress notes that many economically active people have been forced to flee their home countries through persecution and terror. Congress believes the health, success and maturity of a country can be judged by the way it treats both migrant workers and refugees.

Congress therefore believes the trade union movement should be taking the lead in championing migrant workers’ rights at home and abroad. The free movement of labour within an expanded EU makes this especially important for the European trade union movement. Issues that need addressing include exploitation, training, language support and trafficking.

Congress calls on the General Council to develop guidance, support and advice for migrant workers, in partnership with other organisations such as the ILO, ICFTU and JCWI, and to promote these resources as widely and effectively as possible. Congress also urges all unions to provide similar services for migrant workers within their sectors and to recruit them into union membership to give them a voice and to ensure the effective protection of their individual and collective rights.

Association of University Teachers

The following AMENDMENT was accepted

Add new paragraph at the end:

Congress congratulates Jim Sheridan MP in steering the Gangmasters Bill through Parliament. Congress urges the General Council to make representations to the Government on extending the principle of a registration scheme for gangmasters to other sectors of the economy where appropriate.

Union of Construction, Allied Trades and Technicians

The following AMENDMENT was accepted

Add a final paragraph:

Congress also calls on the General Council to continue to press for asylum seekers to be granted the right to work legally in the UK while their applications are being processed. This right would bring valuable benefits to society and the economy, as well as to asylum seekers themselves.

Chartered Society of Physiotherapy

80 Refugees and asylum seekers

Congress notes with concern the rise in attacks on asylum seekers and refugees in the UK.

Congress condemns those politicians and media who use stereotypes and myths to help create a climate in which attacks on asylum seekers and the abuse of their human rights is seen as a valid response.

Congress reaffirms its commitment to the human right of those fleeing persecution to seek refuge and condemns those governments, including the UK Government, who impose increasingly restrictive immigration and asylum legislation in response to a hysterical media campaign.

Congress rejects the scapegoating of asylum seekers and the view that only a punitive approach to asylum will help tackle the rise of far-right parties.

Congress condemns those media who help to fuel hatred of asylum seekers and refugees based on misrepresentation, bias, and ignorance, in clear breach of industry guidelines, and applauds journalists and media workers who have refused to write articles in breach of industry and union codes of practice and have taken a firm stand against biased and racist reporting. Congress condemns the Press Complaints Commission’s failure to tackle the inaccurate reporting of issues relating to asylum seekers.

Congress resolves to:

i) campaign -encouraging all affiliates to become involved in local campaigns - around the positive cultural and economic impact of asylum seekers and refugees; and

ii) support campaigns by media workers for a conscience clause to protect against unfair dismissal those who refuse assignments which breach the PCC code of conduct in line with the CMS Select Committee recommendation.

National Union of Journalists

The following AMENDMENT was accepted

Insert new paragraph 4:

Congress reaffirms its belief in the importance of adequate funding and proper service provision for asylum seekers, refugees and their families (and in particular their children).

Insert new sub-paragraph ii):

campaign for adequate targeted funding to support the education of the children of refugees and asylum seekers.

Re-number existing sub-paragraph ii) as iii).

Association of Teachers and Lecturers

81 Aid, trade and unions

Congress welcomes the Government’s commitment to increase the aid budget to 0.47 per cent of GDP by 2007-8 and to achieve the UN target by 2013, as well as the Chancellor’s efforts to persuade other major donors to cancel the poorest countries’ debt and back the International Finance Facility Initiative. Congress recognises that the increase in development aid and credit needs to be accompanied by action to promote fair trade and particularly to eliminate agricultural export subsidies, if the industrialised countries are to make the contribution required of them to enable the people of developing countries to secure the basic necessities of life. Congress notes too that integral human development requires the governments of developing countries to respect fully trade union and other basic human rights.

Congress urges the British Government during its Presidency of the G8 and EU in 2005 to press ahead with all these aims, essential to the achievement of the Millennium Development Goals.

Congress notes the recent ILO World Commission conclusion that globalisation in its present form is not sustainable and is concerned that inadequate public accountability and poor governance sometimes mean that aid benefits corrupt elites, not those in most need. Congress urges the Government to make available aid funds for trade union training in developing countries since independent unions are proven effective means for promoting public accountability and good governance, and for pressing governments to be transparent in using aid to lift the poorest people out of poverty.

Community

The following AMENDMENT was accepted

Add a new final paragraph:

Congress recognises the difficulties in attempting to achieve more responsible corporate management in isolation and calls for the establishment of a global ethical investment charter. Congress challenges the General Council to develop a common ethical investment policy and to encourage affiliates to use their financial power to achieve our objective.

Transport Salaried Staffs’ Association

The following AMENDMENT was accepted

Paragraph 1, penultimate line (line 9): after ‘countries’ insert ‘and employers throughout the world’

Add a new final paragraph:

Congress also calls on the TUC to issue

advice to affiliates on how best to promote the principles of fair trade and to press the fair trade movement to uphold and promote the principles of free trade unionism.

Napo

82 Iraq

Congress reaffirms its opposition to the occupation of Iraq, condemns the abuse and torture of Iraqi prisoners by the coalition forces, and calls for an accurate audit of the actual cost of the invasion and occupation.

Congress believes it is now more vital than ever to support the new independent trade union movement as an essential force in the creation of a secular, democratic Iraq, free from fundamentalism and Saddam’s Baathism.

Congress thus calls for the speedy withdrawal of the coalition forces and the dismantling of their military bases in favour of the Iraqi people being left free to build their country’s infrastructure, public services and education system, with assistance from international agencies if required.

Congress notes in particular the role women (who constitute over 50 per cent of the population in Iraq and account for 35 per cent of the productive workforce) are playing in the reconstruction of Iraq.

Congress urges the General Council to maintain and strengthen contact with Iraqi trade unionists, in particular the Iraqi Federation of Trade Unions (IFTU), by:

i) initiating, together with affiliated trade unions, a solidarity committee to liaise with, and give practical support to, the trade union movement in Iraq, including the delivery of a structured education programme on the TUC model, and assistance with the provision of IT and other office equipment;

ii) facilitating visits and twinning arrangements between Iraqi and British trade unionists; and

iii) ensuring that links are made between Iraqi women trade unionists and their British counterparts.

NATFHE - The University and College Lecturers’ Union

The following AMENDMENT was accepted

Add new sub-paragraph iv):

working with the ICFTU and the ILO to press for the maximum involvement of Iraqi trade unionists in the drafting of new labour laws which conform with the core Conventions of the ILO.

Union of Construction, Allied Trades and Technicians

The following AMENDMENT was accepted

Insert a new paragraph after paragraph 4:

Congress deplores the suppression of trade union activity by the occupying forces, and the physical destruction of the headquarters of the fledgling trade union organisation.

Transport Salaried Staffs’ Association

83 Colombia

Congress condemns in the strongest terms the continued abuses against our colleagues in the Colombian trade union movement, including the ongoing assassinations, forced disappearances and other serious human rights violations.

Congress supports the view of Colombian and international trade union bodies and human rights organisations that the Colombian state, and in particular its armed forces and their allied paramilitary death squads, are responsible for the vast majority of such abuses.

Additionally, Congress condemns the fact that vast numbers of trade unionists have been arbitrarily detained by the Colombian authorities and are being held without charge for simply carrying out their legitimate trade union activities.

Congress applauds the work of the Justice for Colombia coalition (JFC) in raising awareness of events in Colombia and in providing concrete solidarity to Colombian trade unions. Congress congratulates the General Council for their continued support for JFC and in particular the campaign to freeze UK military assistance to Colombia - a campaign which is supported by at least 237 MPs from all political parties.

Congress calls on the General Council to continue supporting JFC and calls on all affiliated unions to support the organisation both politically and financially. Furthermore, Congress calls on the General Council to enhance their support for the campaign to end UK military aid to Colombia until the Colombian state fully and verifiably implements all United Nations human rights recommendations and breaks the links between the security forces and the paramilitary death squads responsible for the murders of so many of our colleagues.

Fire Brigades’ Union

91 Health and safety in commercial aviation

Congress notes with surprise that in the field of commercial aviation much of the framework of UK health and safety regulation that has built up over the years does not apply. Whilst commercial aviation retains an enviable safety record this does not prevent us from striving for the highest possible standards by appropriately importing key elements from established practice such as the concept of health and safety representatives. Congress instructs the General Council to investigate this situation, together with the Health and Safety Commission and unions operating in civil aviation, and to report back.

Congress further notes that there is concern on the issue of cabin air quality as evidenced by research done in Australia and by the International Transport Federation. Congress calls on the General Council to add its weight to those calling for independent epidemiological research and to press for the UK Government to take a practical lead by commissioning such research.

British Air Line Pilots’ Association

92 Safety and preservation of theatres

There has been much publicity regarding the use of lottery funds to refurbish some of our old theatres and concert halls, most notably the Royal Opera House and the London Coliseum. Commercial theatre has not had access to these funds; nevertheless Congress is concerned that West End theatres should be upgraded in the same way in the interests of audiences and performers.

Backstage conditions give the entertainment unions grave cause for concern. Congress cannot countenance any breach of health and safety regulations but understands how difficult it is to keep these historic buildings maintained to the standards required of workplaces for union members today.

Congress believes that a visit to the theatre, whether it be in the subsidised or private sector, should be an exhilarating, life-enhancing experience, and supports the Society of London Theatre and the Theatres’ Trust in their efforts to make significant improvements to the public and backstage areas of our theatres. The thrill of live entertainment should be readily available to all, and audiences must be encouraged, not discouraged.

Musicians’ Union

93 Bullying and harassment

Congress recognises that the level of bullying and harassment in the NHS remains unacceptable. Despite continued assertions by management at all levels that the problem is being addressed, the reality is that the lives of a considerable number of staff continue to be made intolerable due to the failure of large numbers of individual employers to take this problem seriously.

Whilst written procedures are usually in place within NHS Trusts to deal with this problem, the reality is that these procedures are often ignored or made difficult to pursue, thus leading to demoralisation, stress and resignations.

Employees appear to have few rights under the law to pursue these matters externally, except in that minority of cases which may involve race/sex discrimination or sexual orientation.

Congress calls on the Government to tackle the problem of bullying and harassment and recognise the effect it has on those who are affected. The Government should, therefore, examine ways of extending legal protection for all the victims of this endemic problem where the employer, in the face of overwhelming evidence, has failed to act.

British Dietetic Association

The following AMENDMENT was accepted

Paragraph 1, line 1, after ‘NHS’ insert:

,education and other public services

Paragraph 2, line 1, after ‘Trusts’ insert:

and other public sector employers

Add new paragraph at the end:

Congress also calls on the General Council to raise awareness of the serious nature and impact of bullying and harassment, and to press public sector employers to tackle the problem in a serious and effective manner.

Association for College Management

Composite 1 Fairness At Work

Congress welcomes the advances made by this Labour Government, but is extremely concerned at the failure to repeal Tory anti-union laws and to honour commitments given whilst in opposition. This at a time when trade union members continue to face constant attacks and intimidation in the workplace without firm and proper protection from employment law.

The Government should recognise the positive contribution that trade unions make to society and should make an explicit commitment in the manifesto that they will assist union growth. Congress calls on the Labour Government to afford our members at least the same benefits as are afforded to our colleagues in the wider international trade union movement and provide fairness at work for every member of our movement.

Congress welcomes the changes within the Employment Relations Bill to address some problems and anomalies in the 1999 Employment Relations Act.

However, Congress is deeply disappointed that the proposed changes will not address the fundamental weaknesses within the existing employment legislation. Congress therefore calls on the General Council to continue to press the Government to improve and build on the present framework of employment legislation.

Congress believes that the next Labour Government must prioritise a positive framework of legislation, which will conform to the UK’s obligations under ILO Conventions and the European Social Charter, including:

i) providing the right for every employee to be represented individually and collectively by a trade union, regardless of the size of the workplace. There should be an extension of recognition laws to include small firms;

ii) the removal of restrictive ballot thresholds and the right to individual representation in every workplace;

iii) training and pensions should be included as a bargaining issue under statutory recognition procedures;

iv) restoring ACAS’s duty in promoting collective bargaining as one step towards restoration of the UK’s international law duty to promote collective bargaining. The government must commit to restoration of national sectoral bargaining;

v) providing employment rights from day one for unfair dismissal and redundancy;

vi) providing paid time off for family-friendly leave;

vii) guaranteeing a right to reinstatement where recommended by an employment tribunal in cases of unfair dismissal;

viii) strengthening protection for migrant workers;

ix) ensuring the right to take industrial action in accordance with ILO Conventions;

x) protecting from dismissal workers taking lawful strike action including secondary action, with interim relief beyond eight weeks;

xi) amending insolvency law to protect workers’ pensions and rights;

xii) requiring that all contractors (and subcontractors) to public bodies (and private bodies with public functions) abide by a fair employment clause;

xiii) repealing the obligation to hold ten-yearly political fund review ballots;

xiv) ensuring company directors are properly liable for cases of corporate killing;

xv) legally obliging employers to run equal pay audits; and

xvi) repealing the sections of the Fire Services Act 2003 and those in the Fire and Rescue Services Act 2004 which give the Government powers to undermine collective bargaining by imposing pay and conditions in the fire and rescue service in contravention of ILO conventions and the European Social Charter.

Congress deplores the negative attitude adopted by the Government towards European Directives, thus excluding many workers in the UK from the same entitlement to decent workplace rights enjoyed in other parts of the EU.

Congress therefore calls on the Government to support the development of EU employment rights, including the passage and proper implementation of the Posting of Workers Directive and the Temporary Agency Workers Directive (complete with full equal treatment provisions).

In addition, the Government should end the individual opt-out from the Working Time Directive including in the transport sector and prevent employers including bank/public holidays as part of the statutory four weeks’ leave.

Congress calls on the General Council to campaign for reform of the British insolvency and administration laws in order to better protect jobs and pensions and to help reduce the cost burden of the administration process, drawing on the best of US and European practice.

Congress is alarmed at the increasing undermining of internal trade union democracy by the operation of sections 64, 65 and Chapter VIIA of the Trade Union and Labour Relations Consolidation Act 1992.

Congress notes the significant barriers to internal disciplinary action against members who fail to adhere to union rules, and the waste of trade union resources arising from ill-conceived and vexatious complaints to employment tribunals of unjustifiable discipline.

Congress is concerned by the impediment to legitimate trade union activity arising from the ability of disaffected members to use complaints to the Certification Officer about alleged breaches of trade union rules to distract from and disrupt the service to other members.

Congress asserts the right of trade unions to be self-governing organisations and calls upon the General Council to commission an urgent review of the effects and impact on trade union organisation of:

a) sections 64 and 65 of the Trade Union and Labour Relations(Consolidation)Act 1992 and related case law as established through employment tribunals; and

b) complaints to the Certification Officer of alleged breaches of union rules.

Subject to the outcome of the review, Congress calls upon the General Council to formulate proposals for the repeal of the appropriate sections of the Trade Union and Labour Relations (Consolidation) Act 1992 and to campaign for such reform.

Congress reaffirms its policy of repeal of anti-trade union laws and calls on the General Council to organise a national rally and lobby of Parliament for trade union and employment rights at the earliest possible opportunity, to demand UK law is brought in line with ILO conventions.

Proposed: Transport and General Workers’ Union

Seconded: Graphical Paper and Media Union

Supported: National Association of Schoolmasters Union of Women Teachers

National Union of Mineworkers

Communication Workers’ Union

Fire Brigades’ Union

Bakers, Food and Allied Workers’ Union

National Union of Journalists

National Union of Rail, Maritime and Transport Workers

Prison Officers’ Association

Composite 2 Agency workers

Congress notes the lack of progress towards the adoption of an EU Temporary Agency Workers Directive in the last 12 months. The failure to adopt a Directive means that thousands of agency workers do not enjoy the same employment rights as other workers.

Congress congratulates the TUC on its ‘Working on the Edge’ campaign which has drawn attention to this issue. Congress urges continued pressure on the Government to withdraw from the alliance of countries blocking the progress of the EU Temporary Agency Workers Directive.

Congress is appalled by the often illegal working and living conditions of agency workers, many of whom are migrant workers, in particular cases of agencies charging fees, inserting penalty clauses and making illegal deductions from wages. Illegal pay and conditions often combine with a failure to abide by basic health and safety standards, jeopardising agency workers and others in the workforce.

Congress calls on the Government to:

i) to implement the Temporary Agency Workers Directive at the earliest opportunity.

• ii) drop the demand for a qualifying period before employment rights apply to agency workers in the proposed EU Agency Workers Directive in order to include the greatest number of agency workers, especially young workers;

iii) introduce a system of licensing for all employment agencies and increase the resources available to government enforcement officers so that any agency flouting the law may be successfully prosecuted;

iv) extend employment protection rights for all agency workers as part of the Section 23 review of employment status; and

v) introduce protection for whistleblowers so that any worker whose immigration status is unclear can make a complaint about an agency and not be immediately threatened with deportation.

Congress notes the significance for unions organising agency workers of the ECJ decision in Allonby which potentially opens public sector pension schemes to predominantly female agency workers. Congress calls on the Government to legislate for equal access to occupational pensions schemes for agency workers and will brief affiliates on developments.

Congress also calls on the Government to rigorously enforce existing legislation on employment agencies to ensure workers receive:

a) their full rights, including the minimum wage;

b) no illegal deductions from wages;

c) no charges for finding employment;

d) accommodation meeting minimum standards; and

e) proper training and health and safety awareness for each placement.

Congress calls on the General Council to develop a campaigning strategy which intensifies the ‘Working on the Edge’ campaign to support the above policy objectives and calls on all unions to reach out to agency workers in unionised and non-unionised workplaces to ensure their rights are respected and to campaign for equal terms and conditions to staff who are directly employed.

Moved: Union of Construction, Allied Trades and Technicians

Seconded: Union of Shop, Distributive and Allied Workers

Supported: NATFHE - The University and College Lecturers’ Union

Composite 3 Union organising

Congress notes the trade union movement has begun to stem membership decline and has signed thousands of new recognition agreements since the introduction of statutory recognition. However, only 36 per cent of the workforce is covered by collective bargaining.

It is vital that the TUC should measure itself by how well it helps unions to win in the workplace and to bring more people into unions.

Congress believes that building membership and organisation is the most urgent priority for the coming year. Unions do not exist simply to recruit new members, but unless we grow in numbers we cannot grow in influence with employers, the government or other agencies. A growing union movement is the most effective way of eliminating unfairness at work and improving the working lives of our members.

We must also extend organisation beyond traditional areas and in particular increase membership and bargaining across the private sector. The TUC is highly regarded as providing an excellent range of services to affiliates and their members in terms of education, advice and research, to name just a few. Congress is aware, however, that some affiliates take into their membership self-employed individuals, for example, podiatrists who are private practitioners. These workers have somewhat different needs to employees, yet are still keen to play an active role in their trade union. Congress calls on the General Council to investigate the needs of this group of members with a view to provide, where necessary, additional services.

Growth based on active organising and other member-centred campaigns is also the most effective way of building a positive profile with people at work and the wider public.

Congress recognises that such growth demands a fundamental review of how unions use their resources. Focusing resources within a democratic structure, rather than consuming resources within a bureaucratic one, will release time, money and people to concentrate on the organising challenge. This is an essential investment in our future. Increasing membership and organisation may also require unions to reshape traditional structures to encourage participation and new forms of activism, built around key roles and functions within the workplace.

Congress therefore calls on the General Council to:

i) build organising into everything we do;

ii) conduct a comprehensive review of the resources available to the trade union movement to organise, and of how to increase this pool of resources;

iii) help make all unions ‘organising unions’ - with support and training for union representatives and officers;

iv) explore how best unions and the TUC can use new technology to support union efforts to organise and keep members;

v) make the TUC Organising Academy flexible enough to assist a wider range of affiliates, and union organising academies;

vi) develop a one-movement approach to organising, strengthening the TUC’s role in enhancing positive inter-union relations and removing harmful competition - the TUC should examine all its functions to see how effort can be directed to helping unions grow;

vii) make a reality of our commitment to organise beyond our current areas of strength - reaching out to ‘new’ workers (migrant workers, agency workers) and ‘new’ jobs (poorly organised workplaces and sectors); and

viii) urge the Government to acknowledge the positive contribution of unions by taking measures to remove obstacles to working people joining unions.

ix) make the promotion of the positive benefits and role of trade unionism central to the work of the TUC; and

x) explore ways of encouraging and facilitating trade unionism amongst students and young people.

Congress calls upon all unions to:

a) shift and target resources towards systematic organising campaigns;

b) train and encourage reps to take on organising work;

c) audit all activities in terms of their organising impact;

d) use appropriate organising objectives to manage and review these campaigns; and

e) make full use of the organising opportunities provided by the Information and Consultation Regulations.

Mover: Transport and General Workers’ Union

Seconder: Connect

Supporters: Society of Chiropodists and Podiatrists

Prospect

Composite 4 Parents, carers and work/life balance

Congress recognises that all workers have responsibilities and interests outside work and many workers, particularly women, are carers of children or dependent relatives. Congress warmly welcomes the Labour Government’s commitment to helping parents and carers balance work and family life and the important measures already taken such as the significant increases that have been made since April 2003 in paid maternity leave, the introduction of paid paternity and adoption leave, and the ongoing investment in childcare and early years services and the announcement that the right to request flexible working will be extended to carers.

Congress believes that effective practices to promote work/life balance will benefit businesses, their workforce and society. Employers and unions have a joint responsibility to develop workable solutions that meet the needs of the business and all employees. Congress notes the successes of a number of union-negotiated flexible working packages in both the public and the private sector.

Congress is alarmed that at the current rates of Statutory Maternity Pay, many women on maternity leave are earning less than the minimum wage. Government needs to give a high priority to income replacement, without which rights such as parental leave and time off for dependants are meaningless to low-paid workers. Parents must be given support to be able to make genuine choices about how to balance work and family responsibilities.

Congress urges the General Council to support affiliates’ campaigns in this area and in particular to take an active role in campaigning for:

i) paid parental leave; and

ii) for maternity pay to be paid for 52 weeks rather than the current 26 weeks.

Congress notes recent EOC research showing that a high proportion of parents and carers said that their voting intentions would be influenced by government policy and provisions on work/life balance. Congress, therefore, believes it is in the interests of both the current Government and working people that more is done to enable working men and women to balance work and family life better.

Congress therefore calls on the Government to introduce a right to:

a. paid parental leave which is flexible and targeted at both mothers and fathers;

b. work flexibly for parents and carers of dependent relatives;

Congress also calls and also to:

1 increase SMP and Maternity Allowance to ensure a decent income for mothers in the first six months of the child’s life;

2 increase paternity leave time and allow it to be taken flexibly;

3 increase Statutory Paternity Pay to 90 per cent of average earnings and introduce a Paternity Allowance along the same lines as Maternity Allowance

Congress believes that, as part of the Government’s strategy to eradicate child poverty, more must be done to ensure that children do not spend their early years in poverty. The Government’s childcare and early years strategy must include the very early years of the child’s life and also ensure that large families on low incomes have access to adequate Government support for childcare. Congress urges the Government to reform the tax credits system so that support is offered per child and is not heavily weighted in favour of families with just one or two children.

Workers have a right to lifelong learning opportunities and time to participate in civil society. Congress believes that, in particular, the Government must provide adequate social protection for all workers who take time out of the labour market or work part time, as the gender pay gap is in part attributable to the low value attached to part-time work. The voluntary approach to equal pay has failed to close the pay gap and the Government should introduce mandatory equal pay reviews. Employment Tribunals should be given a statutory role in enforcing equal pay awards and should be allowed to hear representative claims on behalf of groups of workers.

Congress calls on the Government to introduce:

A mandatory equal pay reviews; and

B representative actions in the Employment Tribunals.

Congress calls on the General Council to campaign for and develop training for union officers and reps in negotiating flexible working packages.

Mover: Union of Shop, Distributive and Allied Workers

Seconder: Chartered Society of Physiotherapists

Supporter: British Orthoptic Society

Composite 5 Racism and the ‘Redwatch’

Congress, noting that the BBC documentary the Secret Agent revealed that the BNP target trade union officials and use the ‘Redwatch’ internet site to intimidate anti-racist and anti-fascist campaigners, and bearing in mind the TUC’s ‘Unite Against Racism’ campaign, calls upon the TUC General Council to:

i) press the Home Secretary and other relevant authorities for the immediate closure of such sites;

ii) fully and immediately support any affiliate whose members risk intimidation as a consequence of far-right internet activity;

iii) offer urgent advice and guidance to affiliates on this issue;

iv) continue to campaign against the BNP in local communities, through the regional TUCs and at a national level in the run-up to the General Election; and

v) campaign for legislation to enable unions to deny membership to those belonging to racist and fascist organisations.

Congress, believing that the educational policies of far right groups threaten the multi-cultural ethos of schools and colleges, agrees to focus on education as part of its ongoing campaign.

Mover: Association of Teachers and Lecturers

Seconder: UNISON

Supporter: National Union of Teachers

Composite 6 Age discrimination and equality

Congress welcomes the potential for the new age equality legislation to help eliminate unfair age-based treatment of workers and those undertaking training or further and higher education.

However, Congress is still disappointed at the failure of the Government to bring forward a comprehensive overhaul of equality legislation and a Single Equality Act providing an upward harmonisation of standards of protection across all equality grounds.

Congress urges all parties to include such a Single Equality Act in their manifesto and first programme of legislation if elected.
Congress is deeply concerned that if the Government sets a statutory fixed age at which all employers are able to force workers to retire then employers will defer pension entitlements to align with that age.

Congress is disappointed that the Government is proposing to reduce the compensation available to those aged over 41 years of age from 1.5 weeks’ pay per year of service to 1 week’s pay per year of service. This contrasts with the practice in other countries, for example Ireland, where similar arrangements have been harmonised upwards.

Congress further believes that this proposal is in breach of the original European Directive 2000/78/EC Article 8: 'The implementation of this Directive shall under no circumstances constitute grounds for a reduction in the level of protection against discrimination already afforded by member states in the fields covered by this Directive'. Congress calls upon the Government to alter its proposals to protect compensation arrangements for older workers.

Furthermore, Congress calls upon the General Council and all affiliated unions to campaign for the new age equality regulations and related legislative changes to address the following:

i) unfair dismissal and redundancy awards should not be age-based and must not be levelled down for any workers;
ii) the Government should prohibit age discrimination on access to pension schemes, and allow workers aged 18 to 21 to claim the full adult rate of the National Minimum Wage; and
iii) there must be a specific provision in the legislation that its introduction must not lead to a reduction in the level of protection or benefits for workers.

Mover: FDA

Seconder: BACM-TEAM

C omposite 7 Pensions

Congress welcomes the campaigning undertaken by the TUC and affiliated unions to defend and improve members’ pension benefits in the public and private sectors to achieve an improved and durable framework of pension provision for all workers. The marches helped secure publicity for the campaign to defend pensions. The rally was supported by all age groups and covered a demand for the return to a decent state pension and employer-related occupational pension provision.

Congress reaffirms the importance of safeguarding the occupational pensions’ benefits of members and preventing arbitrary and unjustified reductions in benefits. Congress opposes the 'work till you drop' approach of employers and government and is particularly concerned about the closure and erosion of occupational pension schemes and the replacement of defined benefit schemes with money purchase schemes. Congress believes that, after retirement, all employees should receive a pension income that bears a decent relationship to their pay.

Congress deplores the ongoing discrimination against women in both state and occupational schemes. Congress calls on the Government to overcome the barriers to pensions for the lowest paid and women.

Congress welcomes government measures encouraging occupational pensions and making them more secure, but recognises that such measures will not result in any major increase in pension contributions. Congress believes that employers who make no voluntary pension contributions, or make only small contributions, enjoy an unfair competitive advantage compared to employers who make a decent level of contribution, and that this condemns their employees to an impoverished retirement.

Therefore congress calls for new legislation to compel all employers to make a contribution to their employees’ second pension of a minimum of 10 per cent of earnings; for all employees to make a minimum contribution of 5 per cent of earnings; and for a reform of tax relief on pension contributions to share it more equally, so as to provide much greater assistance to the lower-paid.

Congress calls on the Government to commit to securing a basis for decent pensions for all employees by extending compulsion, and to re-direct the Pension Commission and its policy focus beyond the question of whether compulsion is needed to how best it can quickly be implemented.

Congress deeply regrets the proposed compulsory increase in the public sector pension age to 65, and notes that many civil and public servants whose jobs are contracted out are forcibly removed from their occupational pension scheme, even when they continue to do the same job. In addition Congress calls on the Government to call a halt to the proposed changes in 2005 to the Local Government Pension Scheme.

Congress reinforces standing TUC policy that no employees should be compelled to work beyond their current ‘normal retirement age’. Congress notes that there are some members of occupational pension schemes who wish to continue working for the same employer after their normal retirement age as a matter of choice and their employers value their continuing contribution. However, Congress is concerned that, when this choice is exercised, current Inland Revenue regulations make it impossible for the employee to draw their pension in addition to their continuing salary. This is an unfair and anomalous situation because if the employee moved to another employer they would be able to enjoy the benefit of their pension and receive a second income from their continued employment.

Whilst recognising that this is not the greatest injustice in UK pensions legislation, Congress nevertheless calls upon the General Council to lobby HM Government to have this anomaly removed

Congress calls upon the Government to include pensions as a transferable benefit under TUPE regulations. And calls for the introduction of mandatory admitted body status agreements into all public sector contracts, to ensure full legal pensions protection and guarantee continued access to their existing pension scheme (or one with at least equivalent benefits) for public sector workers transferred to the private sector. Every time this issue has been raised at Congress the Government have made encouraging statements whilst failing to put the problem right. If the Government wishes to instill confidence in the future of pensions as a viable retirement vehicle then it must act now.

Congress urges the Government to face up to the crisis, and agrees to step up its campaign to deliver adequate state and occupational pensions for all including:

i) a universal state pension at a level which obviates the need for additional means tested pension benefits which increases each year in line with prices or earnings, whichever is the greater.

ii) secure additional pension provision through effective support and encouragement of occupational pension provision in which the costs are shared equitably between employers and employees and continue to defend and promote final salary pension schemes within the public and private sectors.

iii) improved state pension provision for workers without access to occupational pension schemes.

iv) campaign to secure sufficient retirement income for all workers ;

v) work with the EOC on tackling discrimination against women in retirement and to eliminate all remaining forms of discrimination within schemes, including on grounds of sexual orientation and marital status.

vi) ensure at least 50 per cent of trustees are member nominated.

vii) campaign to ensure the Pensions Protection Fund and the welcome Financial Assistance Scheme introduced by the Government to assist members are adequately funded.

viii)make pensions a bargaining issue and provide TUPE protection for pensions

ix) resist the imposition of a common pension age of 65 across the public sector.

x) support unions in their individual and collective fight on pensions , coordinating appropriate support for industrial action by affiliates, and strengthen cooperation with the pensioners' organisations in order to mobilise effective and appropriate campaign activities' and further action including a national pensions day and exert maximum pressure on every constituency MP, as well as employers and the Government.

Congress notes the increased levels of uncertainty amongst workers on pension issues, which is largely related to a lack of general awareness on pension issues together with the unenthusiastic approach of many employers to defined benefit pension schemes. Congress is concerned that many workers may inadvertently make inappropriate decisions in respect of securing their income in retirement.

Congress believes that this situation would be alleviated by introducing a network of lay pension representatives which would mirror current arrangements for staff, health and safety, and learning representatives. Specifically, Congress views the role of pension representatives as including:

a) increasing awareness of pension issues amongst union members in their workplace;

b) acting as a conduit for members’ concerns and relaying these to existing pensions trustees and committees;

c) drawing individual members’ attention to the fund rules which affect them and helping members interpret the rules;

d) in a similar way, and where appropriate, directing members to sources of information about state benefits; and

e) supporting members in forming questions to the pension fund or personal financial advisors, and in interpreting replies.

Congress calls on the General Council to press the Government to support the principles of pensions representatives as suggested and to establish procedures for their appointment, training and release.

Congress agrees that the bedrock of pension provision is the state pension. To this Government’s shame they have refused to ‘restore the link’. Pensioners who have only the state pension to rely on are openly critical of the changes in pension provision that include the minimum guarantee and the pensioners’ credit. They believe that these means-tested benefits are totally unfair and inadequate. Congress therefore commits to continue to vigorously campaign for the restoration of the link.

Congress requests the General Council to continue to work in close cooperation with, and hold meetings with, affiliated unions, the NPC and pensioner organisations in its campaigning and other activities to achieve the above objectives.

Mover Amicus

Seconder Public and Commercial Services Union

Supporters National Union of Teachers

Transport Salaried Staffs Association

Accord

Associated Society of Locomotive Engineers and Firemen

UBAC

Transport and General Workers Union

GMB

Unison

Community

Composite 8 Care of Elders

Congress agrees that all retired workers should be able to enjoy an active and secure retirement. To achieve this aim, government must be reminded that the vast majority of retired people have contributed to the welfare state since its inception, and were at that time, under a Labour Government, promised free all-round health and social care from the cradle to the grave. In a country that is now the fourth richest in the world, far richer than when this promise was made in the 1940s, retired workers have seen that commitment eroded by successive governments.

Community and district nurses are continually encountering elder abuse whilst carrying out their everyday duties. The CDNA have identified that their members feel unsupported. In particular, the abuse of medication is a major concern.

Congress therefore commits to:

i) call on the General Council to urge the Government to ensure that the checks in place are standardised and made stricter to ensure that the abuse of medication is identified and eradicated;

ii) campaign vigorously for the full implementation of the Sutherland Report which recommended free long-term care for older people;

iii) encourage retired workers to become active participants in patient and pensioner forums;

iv) press local MPs to continue opposition to foundation hospitals which will lead to the privatisation of the NHS;

v) oppose the closure of nursing and residential homes for the elderly through appropriate campaigns involving the unions, councillors and community organisations; and

vi) publicise campaigns, rallies and activities organised by the National Pensioners Convention, encouraging retired workers to take an active role in these events.

Mover: Communication Workers’ Union

Seconder: Community and District Nursing Association

Composite 9 Manufacturing

Congress acknowledges the vital contribution that the UK manufacturing sector makes to the UK economy and calls upon the General Council and the Government to place the maintenance of a viable and sustainable manufacturing sector at the top of their economic agenda.

Congress views with alarm the loss of over three million manufacturing jobs from the British economy since 1979, noting that the quality of replacement jobs available, and the level of earnings, does little to support the Government’s stated aim of achieving a high-skilled, added value workforce.

Congress believes that there is no evidence to suggest that employment regulation has a detrimental effect on investment and jobs, and believes that until UK workers are offered a truly level playing field of employment rights and social planning, the UK manufacturing sector will lose out through off-shoring.

Congress believes that in order to make manufacturing industry work more effectively it is important that the EU Directive on Information and Consultation is fully implemented to give UK workers the same rights as other EU workers to proper consultation prior to important decisions being made by companies.

Congress is concerned at ‘below-cost selling’ by many major food retailers. The system should recognise both the needs of consumers and the pressures on food manufacturers, farmers, suppliers and their employees. We welcome the OFT’s work on a supermarket code of practice but believe that firmer action is now needed.

Congress calls upon the Government to develop a more proactive and positive manufacturing strategy. To this end, Congress calls upon the Government to:

i) appoint a cabinet minister for manufacturing;

ii) intervene against grant-aided companies implementing closures;

iii) set up a dedicated investment fund for manufacturing industry with increased state support;

iv) end social dumping in Europe through a level playing field on employment rights;

v) promote a procurement strategy which safeguards UK jobs and skills and fund a competitive export credit guarantee system;

vi) create co-ordinated industrial clusters that develop a coherent response to specific procurement issues;

vii) fully implement in the UK the recently adopted EU public procurement directives to include a legal obligation on contracting authorities to consider social, employment, disability and environmental issues when awarding public contracts; and

viii) encourage greater investment in skills and training by employers.

Congress calls upon the TUC General Council to actively campaign for these demands.

Mover: Amicus

Seconder: Graphical, Paper and Media Unions

Supporters GMB

Bakers, Food and Allied Workers Union

Composite 10 Public services

Congress commends the Government for its commitment to high quality public services and the sustained and historically high levels of investment in UK terms in state education and health.

But Congress notes that much of this increased public investment will be creamed off to pay super-profits to the private contractors involved in PFI and PPP projects rather than used to improve frontline service delivery to the public.

Congress reiterates its opposition to the continued pursuit of privatisation and increased marketisation of our public services, despite increasing evidence that privatisation is more expensive, detrimental to service delivery and creates significant inequalities.

Congress believes that increased marketisation threatens the public service ethos and undermines democracy and accountability.

Congress condemns the lack of consultation with the TUC and trade unions prior to the publication of the five-year plans on health and education and condemns the massive job cuts across the civil service. Congress also strongly opposes government policies which involve public service job cuts to finance government spending plans - better public services require more and better trained public servants not fewer.

Congress notes with concern the new agenda on ‘choice‘ and totally rejects an agenda which seeks to undermine universality and increase long-term private sector involvement in the provision of our public services.

Congress notes Siemens plans to offshore National Savings work to India. This would be the first central government work to be off-shored with serious implications for other workers, security, democratic control and accountability. Congress calls on the Government not to extend the NS&I contract if it involves offshoring.

Congress calls on the government to honour the unequivocal promise made by the prime minister in October 2001 to end the two-tier workforce across our public services and the General Council to:

i) use all forums to raise our concerns with government, particularly the lack of consultation on proposed reforms;

ii) lobby for a fair wages clause in all public contracting; and a skills dowry for every public sector worker;

iii) continue its opposition to the privatisation of our public services and the use of PFI and PPPs and campaign to highlight the manifest failure of the private sector to deliver decent public services, to the Government and the public; and

iv) campaign within the ETUC against privatisation and, in particular, the services Directive.

Congress calls on the Government to extend its commitment to public sector excellence by introducing a new and greatly improved funding formula for the UK fire and rescue service. Such a formula is urgently needed to:

a) ensure that new local risk-assessed management plans are adequately financed to meet the objective of zero fire deaths in the UK; and

b) maintain a network of emergency fire control centres based in local communities and managed by elected fire authorities.

Congress also notes with concern the quality of many newly built and refurbished schools delivered through Public-Private Partnership and Private Finance Initiative schemes, in particular the effects of the provision of inadequate facilities on teaching and learning. Congress is also concerned at the widespread lack of any meaningful consultation with teachers and others in the school community at the design stage of these PPP/PFI schemes resulting in schools which cannot deliver the best possible facilities for pupils, teachers or other school users.

Congress believes that it is essential to involve all stakeholders in the initial development of the brief and in the resolution of any subsequent problems which arise during the actual construction or refurbishment phase.

Congress, therefore, calls upon all responsible public authorities to ensure that all school building and refurbishment programmes:

1) involve the fullest possible consultation with, and involvement of, all interested parties, both in the development of the brief and its fulfilment;

2) are designed and delivered to meet the needs of the users, rather than the providers, particularly in relation to the needs of 21^st century education and reduced class sizes; and

3) are furnished in a manner which genuinely and demonstrably provides best value for the public purse in the long term.

Congress opposes the ongoing privatisation of large swathes of our public services through PFI, market-testing and most recently ‘contestability’ in the prison and probation services.

Congress notes that work in restructuring to deliver joined-up justice is constantly undermined, for example, by proposals to introduce the National Offender Management Service out of the prison and probation services, by fragmenting previously cohesive services into a range of contracts. Congress is concerned by further potential privatisation of core areas of criminal justice work such as enforcement of fines and security of court buildings.

Congress rejects:

A) the opportunity to make profits out of the justice system and particularly incarceration of offenders; and

B) allowing private sector enforcement agencies, outside any direct democratic public sector control, powers to force entry into homes, forcibly search people and have access to primary sources of data.

Mover: Unison

Seconder: Educational Institute of Scotland

Supporters: Fire Brigades’ Union

AMO

Public and Commercial Services Union

Composite 11 Civil Service

Congress condemns government plans to cut over 104,000 jobs from the civil and public services and to seek massive so-called 'efficiency savings'.

These cuts were announced without adequate justification and with insufficient consultation with the unions about the impact on members’ jobs and their families, career aspirations, rights to equal opportunity, and terms and conditions and were based on targets set by ministers with insufficient consideration of corresponding reductions in workload.

Congress welcomes the continuing high level of investment in UK public services and recognises the importance of ensuring that public spending is allocated in a manner that delivers the maximum benefit to all and achieves value for money.

Congress opposes public sector reforms which result in poorer services and lead to cuts in public sector jobs. Congress is concerned that the Gershon Efficiency Review will result in cuts to essential functions, including regulation, law enforcement, national security, public health and safety. The Lyons Review of Public Sector Relocation appears to be more about helping government cut the wage bill than improving standards of service.

Congress notes that these cuts will severely damage service delivery, with the public receiving a poorer, less local, service. The cuts will particularly damage and diminish the level of service to vulnerable groups in our society. Congress rejects the simplistic division of staff into front- and back-line, recognising that all workers contribute to effective service delivery. The distinction between front line services and back room support is an arbitrary one which denigrates and devalues important public service functions. The impact of this decision is felt not just by civil servants, but across the public services, including the magistrates’ courts where staff will become civil servants on 1 April 2005 and are already to be subjected to a 5 per cent ‘efficiency’ cut by March 2008.

The job cuts and plans to relocate 20,000 jobs away from London and the south east will also damage the public, communities and staff. The relocation proposals will particularly affect the 30 per cent of London civil servants from ethnic minorities, as well as disabled workers and workers with caring responsibilities.

Unions favour improved service delivery but the Government has failed to engage the knowledge and skills of the workforce and unions in the process of change.

The plan is not only an attack on civil servants, but public sector workers generally. If successful, the Government’s plan will be used as a blueprint for the rest of public sector and as a green light to press ahead with the creeping commercialisation of public services and the casualisation of the public sector workforce already seen in areas like health, education and postal services.

The Government’s programme of change will not succeed unless it takes civil and public servants with them. It needs to engage more effectively with its own staff and their representatives. Congress calls on the Government and on all civil service departments to:

i) ensure that any staffing or cost targets associated with SR2004 are based on an objective analysis of the resources needed to perform identified functions;

ii) consult the civil service unions throughout the reform process and implement machinery that can operate across the civil service to ensure the central coordination of any human resource issues;

iii) commit to avoid compulsory redundancies;

iv) ensure that all programmes of departmental reform are subject to equality audits; and

v) set realistic timetables to implement change;

vi) maintain, and where possible improve, public access to services;

vii) give full recognition to the role of professional and specialist public servants;

viii) move quickly towards a national framework for pay allowing for genuine negotiations on the overall pay envelope rather than a centrally imposed earnings limit;

ix) carry out an independent review of the system of delegated negotiations on pay and conditions of service within the civil service;

x) call a halt to further privatisation and Public-Private Partnerships until thorough assessment has been made of potential impact on core capability to deliver essential public services; and

xi) follow best practice in the design of relocation packages, pursue a voluntary approach to movement of staff, and identify alternative employment opportunities for staff not wishing to move.

Congress calls upon the General Council to fully support and co-ordinate public services unions in opposing these arbitrary cuts by:

a) making MPs aware of the effects of job cuts in their constituencies;

b) facilitating co-ordination between public sector unions;

c) co-ordinating and supporting appropriate campaigning by unions which might include industrial action, a demonstration and lobby of Parliament, in co-operation with user and community groups;

d) establishing a group of relevant affiliates to assess the impact of the efficiency review and workforce reform on public services, including education and identify the future needs of services; and

e) raising these issues with the Public Services Forum and Chancellor.

Mover: Public and Commercial Services Union

Seconder: Prospect

Supporters: FDA

AMO

Communication Workers’ Union

National Union of Teachers

Composite 12 Future of health and public policy

Congress believes the NHS provides an excellent quality service for patients. Congress congratulates the Government on its increased investment in health. This has resulted in increasing staffing levels, greater capacity and reduced waiting lists. Congress welcomes government initiatives to improve the health of the nation and implement health care policies which provide more access to diagnosis and treatment. However, there is still much to do: workloads are too high and shortages of staff persist.

Congress notes the prime minister’s statement in June that the pace of public sector reform needs to quicken. Congress believes that any proposals for the NHS should be measured against equity of access, standards of care, the promotion of health and appropriate care for long-term conditions. Investment in the NHS needs to be maintained and staff treated fairly.

For any further reforms to succeed, deadlines must be realistic and managers and clinical staff be given the resources, including adequate numbers of administrative and support staff, necessary to achieve effective implementation and delivery.

Extending the provision of MRI services is a welcome development, but a failure to ensure that there are adequate and trained NHS health care staff to deliver this policy is an example of where improvements to healthcare may be lost because of political expediency.

The lack of planning in the delivery of this policy jeopardises any potential for the development of a comprehensive service and fails to recognise the unused capacity for the delivery of MRI services, which currently exists within the NHS.

Congress is disappointed that the Government has not engaged with, and listened more to, NHS trade unions when developing their policies. Congress calls on the General Council to:

i) use the Public Services Forum to ensure genuine dialogue with government on public services which takes account of union concerns and ensure that all policy in the public sector is discussed with unions and implemented collectively; and

ii) provide quality research to affiliates particularly in respect of the ‘choice’ agenda to help shape discussion and debate.

Mover: Chartered Society of Physiotherapy

Seconder: Society of Radiographers

Supporter: FDA

Composite 13 Education

Congress, noting with concern the Government’s emphasis on ‘delivering’ learning, the continuing domination of performance pressures, and the conditions of learning for children and young people in schools, calls upon the General Council to warn of the dangers of narrow agendas that ignore:

i) children and young people’s views about their learning;

ii) teachers’ views about the sort of learning that they are being asked to ‘deliver’ in schools;

iii) the importance of learning - not just teaching;

iv) the damaging consequences of a performance-oriented learning culture; and

v) the need for a richer view of the contribution schools can make to changing lives.

Congress however welcomes the government initiative of Sure Start, which recognises that parents are children’s first educators, being experts on their own children. In the spirit of individuals being committed to learning throughout life, Congress expresses concern at the culture gap that exists between home and school at secondary level.

Congress seeks support for parents at this level, through the provision of a major ‘Keeping it Sure’ initiative that empowers parents to, and convinces them of, the value of continued engagement with the education system.

‘Keeping it Sure’ initiatives should build on the values of Sure Start and act as agents of change, encouraging parental participation in all phases of education, ensuring systematic implementation of school and agencies’ contact with parents and communities.

Congress calls on the Government urgently to establish major ‘Keeping it Sure’ initiatives at secondary level that will make inclusion meaningful for many more families.

Congress also notes the demographic pressures currently facing the education service, in particular the fact that the average age of a teacher is now over 50 and that a significant proportion of the profession will retire in the course of the next 10 years. Congress also notes that school rolls are likely to decline over the same period which provides an excellent opportunity for significant reductions in class size across all sectors.

Congress believes that reduced class sizes play a significant role in:

a) improving learning and attainment of all children;

b) helping to tackle problems of pupil indiscipline;

c) assisting with the implementation of social inclusion policies; and

d) allowing increased individual teacher/pupil interaction.

Congress, therefore, calls on the Government to ensure that the necessary levels of teacher recruitment and resources are provided to the appropriate UK and devolved authorities to allow class sizes to be reduced and to replace the significant number of teachers who will retire during the coming decade.

Congress also recognises the dedication and commitment of classroom teaching staff and calls for a more active and systematic government programme of support and encouragement of continuous professional development (CPD) for teachers in our schools. Congress notes the teaching staff development initiatives now being promoted by the Teacher Training Agency and DfES and seeks an appropriate emphasis on whole-school staff development programmes to supplement such initiatives. Congress believes that a properly structured and specifically resourced national CPD programme can assist the teaching profession in facing today’s challenges and strengthening the education service for the future.

Mover: Association of Teachers and Lecturers

Seconder: Educational Institute of Scotland

Supporters: National Association of Educational Inspectors, Advisers and Consultants

Association of Educational Psychologists

Composite 14 Transport

Congress reaffirms its support for re-nationalisation of the railways.

Congress believes that with adequate investment and the right structure the railways will play a key role in solving Britain’s growing transport problems.

Congress therefore welcomes the record investment promised by the Government for rail in the spending review, together with many of the changes set out in the ‘Future of Rail’ White Paper.

Congress notes one of the primary purposes of the Government’s review of the railways was to address the "fragmentation, excessive complication and dysfunctionality" of the privatised railway.

Congress therefore welcomes those steps that have already been taken to exert greater control over the railways. Specifically Congress notes Network Rail has taken maintenance back in house and South Eastern Trains has become the first passenger service to be taken back into public ownership. In both these instances Congress notes that performance and efficiency has improved.

Congress urges the Government to build on these positive steps by reintegrating all railway infrastructure and passenger operations under a single publicly owned, publicly accountable railway body.

Congress further welcomes that public accountability will be improved as a result of:

i) the decision of the Government to take responsibility for setting the strategy for the railways and for its overall performance; and

ii) the increased role for the Scottish Executive, Welsh Assembly and the London Mayor.

In the light of the self-evident failure of railway privatisation, Congress also reiterates its opposition to the London Underground PPP and calls for all maintenance and renewals to be bought back under the control of London Underground.

Congress further believes that the regulation of rail safety must be kept separate from economic regulation. Congress regrets that the Government has bowed to the pressure of private train operators and moved rail safety regulation away from the HSE, contrary to the recommendations of the Cullen Enquiry. Congress calls on the General Council to work with the rail unions to press for a single, truly independent rail safety agency with sufficient resources and expertise to ensure improvement in the safety of staff and users of the railway.

Congress also notes that the three rail unions organised a very successful national rally and lobby of Parliament on the 20th July 2004, demanding the return to a publicly owned, publicly accountable national railway, and recognizes this lobby as part of an ongoing campaign.

A recent opinion poll revealed that no less than 72 per cent of the public want all rail services brought back into the public sector, noting that 10 billion pounds have been given to train operating companies while services have deteriorated rapidly. Congress is therefore astonished at the Government’s desire to re-privatise South Eastern trains and commits to work with, and support, the ongoing campaign.

Congress regrets that the White Paper fails to address the fundamental question of ownership which Congress believes goes to the very heart of the malaise afflicting Britain’s railway industry. Congress calls on the General Council to campaign with rail unions on this issue as a priority to ensure that rail can deliver effectively in the long term for rail users and their communities.

Congress further notes that as an island nation which is dependent on ships for over 90 per cent of our trade the UK needs to retain its own maritime skills. Congress therefore resolves to support all efforts to increase the employment and training opportunities for British seafarers. Specifically Congress supports the campaign to introduce a direct link between the tonnage tax and seafarers’ employment.

Finally, Congress continues to support the full repeal of Section 9 of the Race Relations Act as part of the wider campaign for full equality and employment rights for seafarers, and notes that this could have been achieved if arrangements to protect the position of British seafarers had been put in place in advance of any repeal.

Mover: National Union of Rail, Maritime and Transport Workers

Seconder: Transport Salaried Staffs’ Association

Supporters: Associated Society of Locomotive Engineers and Firemen

National Union of Marine, Aviation and Shipping Transport Officers

Composite 15 Energy and environment

Congress recognises the urgency and seriousness of the threats stemming from climate change and global warming and welcomes the lead given by the British Government in promoting ratification and application of the Kyoto Protocol to reduce emissions of greenhouse gases. It calls on the Government to give further backing to the development of renewable sources of energy.

Congress reaffirms its commitment to a balanced energy policy.

It welcomes the publication of the first annual report on implementation of the Energy White Paper, which confirms the Government’s commitment to national climate change targets. However, Congress is concerned that:

i) despite some welcome progress in increasing generation from renewables, the UK will not achieve its goal of a 20 per cent reduction in carbon dioxide emissions by 2010;

ii) government is too relaxed in its assessment of the consequences of growing dependence on imported oil and gas; and

iii) there is considerable uncertainty about the implications of the EU Emissions Trading Scheme for prices, investment and employment.

Congress believes that diversity and flexibility of energy sources are key to ensuring security of supply and, to this end, calls on the Government to act to ensure that:

a) all energy options are actively pursued and that there is increased support for research, development and demonstration of new technologies;

b) there is an adequate supply of skilled staff to maintain the resilience of energy networks and to respond to the technical challenges arising from new sources of generation;

c) incentives for investment under the EU Emissions Trading Scheme encourage the development of all lower-carbon generation technologies, including nuclear and coal; and

d) there is greater transparency and accountability by Ofgem to ensure that energy sources and supply can be considered strategically.

Congress is alarmed, however, that the British proposals to the European Commission, for reducing emissions from 2005 to 2010 through the EU trading scheme, take as their base year 2002, which saw recession in British manufacturing. The proposals involve cuts on a larger scale than any other EU state. In welcoming the recent upturn in British manufacturing output and the improved prospects for the next two years at least,

Congress urges the Government to minimise the threats to British steel production, and to manufacturing in general, from having to purchase rights to emit carbon dioxide. The Government should do this by ensuring that British companies do not have to buy permits to fulfil their plans for expanding output, and ensuring that no other European Union state gains a competitive advantage from the application of the emissions trading regime, taking account of the probability that any additional reduction in emissions of greenhouse gases in the United Kingdom will be exceeded by emissions from the new EU member states which are less carbon efficient.

Congress supports the concept of supplying the nation’s energy needs by exploiting the UK’s indigenous energy reserves. The very thought of the UK becoming a net importer of energy by the year 2020 of up to 90 per cent of our requirements, of which 70 per cent will be gas, quite frankly beggars belief. Congress believes that with control over our own future energy requirements the issue of security of supply from the most unstable of countries is largely diminished.

Congress notes that while the Government has an ambitious plan to increase the proportion of renewable energy in UK electricity generation such targets are unlikely to be achieved. Congress is also concerned that insufficient account has been taken of the need to ensure that changes in the energy mix take proper account of the need to manage the variable loads that are inherent in the operation of the national grid.

Congress believes that there must be an ongoing role for coal within that mix, but that as the current fleet of coal fired power stations age, the market is not capable of providing sufficient incentive for new clean-coal power stations. Congress believes that investment by the Government in a new generation of power stations is essential if its objectives of fuel diversity and security of supply are to be assured.

Congress seeks discussions with the Government on how best to achieve the agreed emission limits by utilising the already proven and readily available Clean Coal Technology plant.

Congress calls on the Government to provide public funding for research, development and demonstration in clean coal technology as part of the UK’s long-term balanced energy policy, and investment in the UK’s power engineering and manufacturing sector to develop expertise in design, manufacture and construction of new power stations.

The General Council is instructed to pro-actively pursue these objectives and to promote a joined-up approach to energy and environmental policy making.

Mover: Prospect

Seconder: Community

Supporters: National Union of Mineworkers

BACM-TEAM

Amicus

Composite 16 BBC charter renewal and public service broadcasting

Congress is concerned at threats to the future of the BBC arising from the charter renewal process and licence fee review.

Congress recognises that the BBC is the most significant commissioner and patron of arts, culture and popular science in the UK, and combines this role with its independence of government, commercial pressures and vested interests.

Congress believes the BBC is one of the few remaining UK institutions that binds us together at home and earns us admiration overseas; thereforeit is imperative that it is not weakened or restricted in its role.

Congress confirms its view that:

i) the BBC is the cornerstone of our public service broadcasting system; our primary source of original programme production; the most significant employer and trainer in both television and radio; the standard setter for independent newsgathering and output; and the leader in the spread of digital television in the UK; and

ii) the increasing attacks on the BBC by commercial broadcasters such as BSkyB, who wish to move to a more market-based broadcasting system, should be strongly resisted.

Congress therefore instructs the General Council to campaign throughout the charter renewal process for:

a) retention of the licence fee as the primary source of BBC funding;

b) opposition to alternative funding mechanisms, including ‘top slicing’ the licence fee (thereby diverting public funds to commercial broadcasters);

c) retention of the BBC’s range of additional commercial services and opposition to sell offs such as that of BBC Technology;

d) opposition to any increase in the independent production quota from its current level of 25 per cent;

e) increased independence of the BBC Governors from Government and from BBC management, with no increase in Ofcom’s role in regulating the BBC;

f) reconsideration of the composition of the governors with the aim of achieving an outcome more representative of the broadcasting industry and of the country as a whole and to encourage positive steps to address the BBC’s portrayal of our society by the engagement of a truly representative spectrum of performers and presenters; and

g) recognition of the value of strong independent news within the BBC and its contribution to the democratic participation of citizens throughout the UK.

Congress welcomes the new Chairman and Director General who have the confidence of the public and the industry.

Congress reaffirms its belief in public service broadcasting, of which the BBC is a cornerstone, but believes that all national broadcasters should continue to be under an obligation to deliver PSB programming.

Congress believes it is in the interests of the UK for the BBC to retain a leading role in the development of digital electronic technologies, in consultation with the relevant trade unions.

Congress supports the licence fee system and rejects advertising on the BBC or a subscription based system.

Congress congratulates the General Council for actively pursuing these issues in consultation with the Federation of Entertainment Unions, and encourages the General Council to use its influence to protect and preserve the BBC for ourselves and for future generations.

Congress believes that the fight to uphold public service broadcasting standards is equally important in the independent and commercial sectors.

Congress notes that, since the merger of Carlton and Granada, ITV is cutting its commitments to local news in key regions, and is closing studios and losing 550 jobs at Meridian in the South and at Central in the Midlands. Similarly, other independent broadcasters, like ITV Wales, are also cutting back on local news production.

The new ‘light touch’ broadcasting regulator, Ofcom, has so far refused to intervene to ensure that these companies keep to their commitments.

Congress therefore resolves to call on the General Council to make representations to Ofcom, and to campaign for Ofcom to carry out its responsibilities to the public in protecting public service broadcasting imperatives in regional and local news production in the independent sector.

Congress also notes the Government’s stated intention of switching off the analogue television signal by the end of 2010. Congress is concerned that at the time of analogue switch-off many UK citizens will be unable to receive a digital signal without some financial cost, not only for the software required (through set top boxes), but potentially hardware as well in the form of upgrading of existing aerials or installation of satellite dishes. This will be a particular difficulty where people live in multi-resident dwellings.Congress recognises that many people, particularly those most vulnerable in society, rely on television for news, current affairs and entertainment, whilst for many elderly or disabled people television provides the majority of their contact with the outside world.

Congress calls upon the General Council to lobby the Government on the basis of ensuring that these vulnerable members of society are not financially burdened at the time of analogue switch-off and that they are ensured continual access to the nation’s television.

Mover: Broadcasting, Entertainment, Cinematograph and Theatre Union

Seconder: Writers’ Guild of Great Britain

Supporters: National Union of Journalists

Equity

Composite 18 Learning and skills

Congress welcomes the improvements the Government’s strategy has made in the nation’s skills, and, a year on, the gains in the workplace of the statutory rights for union learning reps. Congress also welcomes the Government’s commitment to tackling the skills gap in the UK, with the objective of raising productivity levels to those of other leading European economies. Congress further welcomes the attention and commitment of this Government to vocational education and training, to its high profile skills strategy and renewed emphasis on apprenticeships.

However, there is still no universal right in the UK to paid time off to undertake training to at least NVQ level 2. Therefore Congress calls on the Government to introduce legislation to give every adult the right to paid time off from work to undertake training at least to NVQ level 2. Congress calls for the extension of statutory paid educational leave and maintenance of adult education and lifelong learning opportunities whilst addressing basic skills issues.

Congress also notes, with disappointment, that too many employers still refuse to invest in the skills of their workforce and will not discuss training or learning with worker representatives. Congress therefore calls on the Government to bring training and learning within the scope of statutory collective bargaining, so that every worker’s voice in the workplace is heard, and their views taken into account, on these two very important issues.

Congress further demands urgent action to redress the anomaly whereby consultation with unions on training and employee development is only legally required when recognition is conceded after a ballot and condemns the absence of such a provision in the Information and Consultation Regulations.

Congress also calls on the Government to set up statutory Workplace Learning Committees to ensure that employers work with Union Learning Reps in every workplace to deliver the training and lifelong learning that is relevant both to the needs of the business and the aspirations of the staff.

Despite the improvements the Government’s skills strategy has brought, too many employers simply fail to meet their social and economic responsibilities to train, and as a result too many workers are still being denied learning opportunities at work. This doesn’t just affect the employer, and as a result threaten the job security of workers, but also the employability of individuals, which has a major knock-on effect across the entire economy, which is suffering badly. Congress notes that the UK will never be able to make significant improvements in skills as long as some employers cling to outdated notions that they should have sole control over the training and skills agenda. This is a legacy of the 1980s and 90s when the UK fell further behind its international competitors and many sectors of the economy failed to invest in skills. Trade unions are uniquely and ideally well placed to contribute to renewing and improving the skills of their members.

Therefore Congress demands the Government introduce statutory training levies in sectors where it is evident they are failing to address skill problems. Congress also calls on the Government to keep the option of a compulsory training levy under review and to implement a levy if the current voluntary approach is not successful.

Congress welcomes the decision by the Government to establish Sector Skills Councils to replace the national training organisations and the commitment by the Government that unions will be represented on the boards of Sector Skills Councils. Congress welcomes the skills strategy’s encouragement of union involvement in Sector Skills Councils (SSCs) and the positive role of union learning representatives.

Congress congratulates the General Council on the efforts it has made to bring together the union representatives on the trail-blazer Sector Skills Councils and the success of the event that it jointly hosted with the Sector Skills Council Development Agency in June 2004.

Congress therefore instructs the General Council to:

i) do all it can to encourage unions to play a full role in the affairs of the relevant Sector Skills Council and to continue to press Government to ensure that unions are properly represented on the boards of Sector Skills Councils;

ii) encourage affiliates to educate, inform and involve officials, both lay and full-time, in the importance of engaging with Sector Skills Councils and being involved in the development of Sector Skills Agreements;

iii) campaign to find a more creative role for union learning representatives in working with Sector Skills Councils at NVQ level 2 and above, and to seek to have union learning representatives play a key role in the development of Sector Skills Agreements; and

iv) ensure that all workers, whatever their employment status, are covered by the work of Sector Skills Councils and included in Sector Skills Agreements.

Congress also resolves to establish mechanisms to enable union SSC members to keep all relevant unions updated through appropriate TUC forums and affirms that each SSC should:

a) be employment-led rather than employer-dominated;

b) consult with and inform all unions in the sector on developments; and

c) have adequate arrangements for trade union representation.

Congress calls on affiliates to urge employers to take full advantage of the opportunities that are now available at national, sectional and regional level. However, it must be acknowledged that there is an immense task ahead if we are to make real progress and it is essential that there is a commitment to a tripartite approach involving employers, unions and relevant government departments, especially the DfES and DTI.

Congress regrets the HE legislation introducing differential top-up fees from 2006 and the failure to guarantee that extra fee income will be additional to existing public funding levels. It resolves to continue to address the consequences of these policies.

Congress believes investment in further and higher education should come from the public purse and is concerned at recent policy proposals that new investment should arise from institutional links with business, further exacerbating the divide between wealthy institutions and those with basic funding.

Congress deplores the continuing funding gap between schools and FE colleges resulting in pay inequality between school and college staff, and fewer resources for FE college students.

Congress also deplores the introduction of differential funding, based on performance, for further education institutions and undertakes to lobby Government for its immediate removal.

Success for students on vocational programmes - the ‘other’ 50 per cent - will depend on substantial resources, excellent provision, and the placing of a high value on these students’ achievements. They must not be neglected in comparison to relatively academic learners.

Congress calls on the Government to invest in vocational education and training resources equivalent to those dedicated to the 2010 target of bringing 50 per cent of all 18 to 30-year-olds onto higher education programmes.

Mover: Graphical, Paper and Media Union

Seconder: NATFHE - The University and College Lecturers’ Union

Supporters: Broadcasting, Entertainment, Cinematograph and Theatre Union

Association of College Management

Union of Shop, Distributive and Allied Workers

Composite 19 Health and safety at work

Congress welcomes the long overdue acknowledgement by the Health and Safety Commission, in its Statement on Worker Involvement and Consultation, that the involvement of trade union safety representatives leads to higher levels of compliance and better health and safety performance.

Congress believes that this evidence of the positive benefits of workers’ involvement should be integrated into the Health and Safety Executive’s (HSE) assessment of an employers’ health and safety ‘management system’. Congress calls upon the General Council to campaign for this change to inspection policy, and calls upon its own representatives at the Commission to insist that its focus should return to one of enforcement.

Congress is concerned over recent declarations from the Health and Safety Commission that they are directing the HSE to move away from enforcement to encouragement.

Congress also notes a series of failures to introduce, or call for, measures designed to protect workers such as:

i) action on corporate killing;

ii) regulations or code of practice to tackle stress;

iii) action to support the introduction of roving safety reps;

iv) action to introduce an upper limit on working temperature;

v) action to improve the rights and functions of safety reps;

vi) action to make violence to workers a reportable event; and

vii) action to support an end to the individual opt-out in the UK from the Working Time Directive.

Congress welcomes the report from the Department of Work and Pensions Select Committee calling for the number of HSE Inspectors to be doubled and HSE funding to be increased. Congress calls on the Government to accept these findings, which are in line with evidence submitted by the TUC and Prospect.

Although Congress welcomes the allocation of £3m public funding over three years for the Workers’ Safety Advisor Challenge Fund, Congress believes this is totally inadequate to help reduce the estimated £15-17 billion that poor occupational health and safety standards cost the British economy each year. Congress further believes that the primary responsibility for providing the funding for initiatives to prevent accidents and ill-health lies with employers, whose management failures are mainly responsible for the occupational injury and disease suffered by their workers.

Congress recognises that where flagrant health and safety crimes are committed the case for punitive action is unquestionable. Congress notes that there are too many deaths at work, and believes that such tragedies as Tebay and Morecambe Bay once again highlight the urgent need for corporate manslaughter legislation. Congress is appalled that despite repeated promises the Government have still failed to act, and calls on the TUC to campaign to ensure that death at work caused by employer negligence is a crime that does not pay, through the promotion of full criminal responsibility and sanctions for employers whose action (or inaction) jeopardises, injures or kills workers.

Congress calls on the General Council to undertake a review of the functioning of the HSC, including the accountability mechanisms of the TUC commissioners, over the coming year, with a view to improving its effectiveness in protecting the health and safety of working people.

Congress therefore calls upon the General Council to mount a sustained campaign aimed at persuading Government to develop a new and comprehensive strategy for reducing occupational deaths, injuries, and disease. This strategy should be based upon increasing the involvement of trade unions, and generating funds for prevention from employers, and should include:

a) enhancements to the function of safety reps including amending the appropriate legislation, specifically including Regulation 8 of the Safety Representatives’ Regulations, to give trade unions the legal right to appoint ‘roving safety representatives’ who need not be employees of the company employing the members that they represent;

b) introducing a ‘work environment fund’ (WEF) to generate resources for a wide range of health and safety purposes, paid for by a payroll-based levy on employers, with the WEF under tripartite control;

c) proper funding and direction for the Health and Safety Executive to ensure enforcement of all health and safety legislation;

d) the Government enacting the recommendations of the Works and Pensions Select Committee report on the HSC and introducing legislation in the forthcoming parliamentary term on corporate manslaughter, so that companies and their directors in both the public and private sector can be held to account; and

e) recognising that violence against frontline workers constitutes a substantial proportion of workplace injuries - the strategy should encourage the police and the Crime and Disorder Reduction Partnerships to give greater priority to working with employers and unions to minimise risks and deal with persistent offenders.

Mover: GMB

Seconder: Napo

Supporters: Amicus

Union of Shop, Distributive and Allied Workers

Public and Commercial Services Union

Broadcasting, Entertainment, Cinematograph and Theatre Union

Prospect

National Union of Rail, Maritime and Transport Workers

National Union of Mineworkers

Composite 20 Working Time

Congress notes that many UK workers, including managers employed in the public sector, experience a long-hours culture that can have a detrimental effect on their work/life balance.

Congress is alarmed at the Government’s own employment practice, noting that many senior civil servants are required to work excessive hours, typically without an opt-out, a situation likely to be exacerbated by proposed cuts in civil service staffing.

Congress further notes the decision of the Court of Appeal to refer a case of ‘rolled up rate’ to the European Court of Justice.

Congress accepts that currently individual unions have a wide variety of agreements to secure favourable working time arrangements with employers.

Congress notes that the European Commission has launched a second round of consultations on the Working Time Directive.

Congress is concerned that the European Commission’s consultation exercise retains the option of an opt-out from the Directive and considers the case for increasing the scope for companies to opt out from regulations on maximum working time through collective bargaining.

Congress expresses its disappointment that the UK Government’s submission to the first round of consultation on the opt-out denies that long hours working affects health and safety, continues to oppose the abolition of the opt-out and argues for a reduced role for trade unions in determining working time.

Congress is alarmed that the UK Government, in seeking to maintain the opt-out of the 48-hour week, is allowing the long-hours culture to thrive.

Congress is concerned that pressure on the European Commission to dilute the Working Time Directive will undermine efforts to reduce the working week and achieve a real work/life balance underpinned by a strong regulatory framework.

Congress reaffirms opposition to the opt-out on maximum working hours, and:

i) opposes any dilution of the trade union role in determining working time through collective agreements;

ii) supports recognition of ‘on-call’ hours as working time, in line with rulings from the European Court of Justice, while allowing social partners to negotiate balanced and adequate solutions to problems faced in certain sectors or professions; and

iii) urges the Government to support the principle of workers being paid for holidays at the time they take their holiday.

Congress calls on the General Council to:

a) continue with the excellent ‘It’s About Time’ campaign and work closely with individual affiliates to highlight problems of the long-hours culture in different sectors;

b) highlight the problems associated with long hours such as stress and the negative impact on family life; and

c) press government ministers (not least in their capacity as employers), MPs and other employers to develop policies that lead to a genuine reduction in working time.

Mover: Union of Construction, Allied Trades and Technicians

Seconder: Association for College Management

Supporter: FDA

Emergency1 Federal Mogul/Turner and Newall

Following a meeting between the joint unions and Turner and Newall management on 2 September 2004 at which the company made clear that no more money was available to fund the pension scheme, Congress is alarmed at the situation facing 40,000 Turner and Newall pensioners. The situation arises from the insolvency of US parent company Federal Mogul. The company chose to take 15 of the last 18 years as contribution holidays, with Federal Mogul responsible for 3 of the last 5 years. They were allowed to do this because inadequate UK law lets them and MFR regulation was too weak. With a shortfall of £300m on a going-forward basis and a deficit estimated at £875 million if the scheme was to wind up, failure to save the pension scheme would result in the single largest ever wind-up of an under-funded scheme in the UK and would seriously test the expensive annuity market in the UK.

Although efforts continue to save the scheme, if the pension scheme is wound up, 20,000 deferred pensioners could face losses of up to 70% of their pensions and 20,000 existing pensioners will not get inflation-linked rises.

Congress recognised that whilst American workers in the same company are protected by an insurance scheme, workers in the UK, until April 05, are not. Congress supports the joint unions in asking the Government to investigate and if necessary intervene to bring about a successful resolution to this issue. Joint unions also believe that the inadequate insolvency law should be made stronger to protect workers and pensions. If after all avenues have been exhausted and the scheme proceeds to wind up, the Government should give assurances that the financial assistance scheme (FAS), or Pensions Protection Fund (PPF), would include the Turner and Newall scheme members. Without this our members could face financial ruin in retirement through no fault of their own and despite years of contributions. If this is allowed to happen confidence in the Government and in pensions will be severely hit.

Mover: Amicus

Seconder: Transport and General Workers’ Union

Supporter: GMB

Motion Remitted

48 Mileage allowances

The spiralling cost of petrol is having a financial impact on district nurses. Mileage allowances have not changed to reflect increasing petrol prices, so community nurses are having to bear the brunt of these extra costs to carry out their everyday duties. CDNA members are therefore subsidising the NHS while delivering their community nursing services. The situation across the UK is variable and compares unfavourably with arrangements for other domiciliary workers.

Congress asks the General Council and affiliates to join the CDNA in urging the Government to recognise and address the financial impact this is having on all nurses working in the community.

Community and District Nursing Association

Motion Lost

Composite 17 Europe

Congress welcomes proposals for a referendum on the proposed constitution for the European Union. Congress therefore welcomes also that at long last genuine and constructive debate can now take place in Britain regarding the proposed constitution for the European Union.

In this respect Congress notes there are genuine concerns amongst affiliates that the proposed constitution for the European Union may undermine the democratic rights of EU states to determine their own futures.

Specifically there are legitimate fears that the ratification of the proposals as currently drafted may:

i) centralise power to Brussels and strengthen unaccountable EU institutions at the expense of national, elected parliaments;

ii) transfer control of economic and transport policies to Brussels, undermining the ability of any UK government to take actions such as bringing the Tube and the mainline railway back into public ownership or preventing the tendering of essential lifeline ferry services such as Calmac;

iii) entrench neo-liberal policies of privatisation and transfer control of the public sector to the EU, threatening the existence of a National Health Service in the UK that is free at the point of use;

iv) represent a threat to UK rights to trial by jury and introduce an EU police force which would be immune from prosecution; and

v) introduce a single EU foreign and security policy and establish an EU army.

Congress therefore believes it would be inappropriate at the present time to take a formal position on the proposed European Constitution. Instead Congress requests that the General Council investigate the impact of the proposed Constitution and campaign to ensure that it does not undermine the national democratic rights of member states.

Mover: National Union of Rail, Maritime and Transport Workers

Seconder: National Union of Mineworkers

The following amendment was WITHDRAWN

Throughout, replace ‘constitution’ with ‘Constitutional Treaty’

Add at the end of paragraph 1:

...and looks forward to having a fair, in-depth and balanced debate on the impact on UK workers and unions, which will provide the opportunity for unions to campaign for the European Social Model as a necessary counterweight to the internal market and the business model of labour market flexibility, inequality and deregulation. Congress recalls that most advances since 1979 in extending workers’ entitlements and promoting equality stemmed from EU decisions, and deplores the campaign of press lies to undermine support for EU cooperation.

Paragraph 2, line 1: delete ‘genuine’. Line 3: replace ‘may undermine’ with ‘is portrayed as undermining’.

Paragraph 2, line 5: insert after ‘futures’:

...and that these worries could be exploited by the Euro-sceptic media as a cover for their real agenda, which is to replace the European Social Model with the American Business Model of labour market flexibility, inequality and deregulation.

Paragraph 3, line 1: replace ‘Specifically there are legitimate’ with ‘Congress urges the General Council to investigate and report back on whether there is any truth behind’.

Paragraph 3, delete sub-point (iv) and renumber (v) as (iv).

Paragraph 4, sentence 1: delete ‘therefore’ and ‘at the present time’ and add at the end of the sentence ‘until unions and the General Council have had the opportunity to consider it in depth’.

Paragraph 4, sentence 2: replace ‘does not undermine the national democratic rights of member states’ with

...strengthens the EU as a potent force for making market forces serve working people, protects the European Social Model and extends the rights of working people and citizens to decent work, equality and peace.

Mover: Graphical, Paper and Media Union

Seconder: National Association of Schoolmasters Union of Women Teachers

Supporters: Community

Accord

BACM-TEAM

General Council Statement

Congress adopted the following statement:

General Council Statement on Europe

Congress welcomes proposals for a referendum on the proposed constitutional treaty for the European Union. At long last, a genuine and constructive debate can take place in Britain on the issue.

However, it would be inappropriate to take a formal position for or against the constitutional treaty until unions and the General Council have had the opportunity to consider it in depth and assess its impact on key issues such as the rights of working people to decent work, the national democratic rights of member states, public services and equality.

General Council and General Purposes Committee

Below are the results of the nominations and elections to the General Council and General Purposes Committee for the Congress year 2004-2005.

GENERAL COUNCIL

SECTION A

Unions with more than 200,000 members

UNISON (six members)

Dave Anderson Dave Prentis

Alison Shepherd Liz Snape

Keith Sonnet Sofi Taylor

Amicus (four members)

Lucy Kelly Doug Rooney

Derek Simpson Paul Talbot

Transport and General Workers’ Union (four members)

Barry Camfield Jimmy Kelly

Patricia Stuart Tony Woodley

GMB (three members)

Sheila Bearcroft Kevin Curran

Paul Kenny

Communication Workers’ Union (two members)

Jeannie Drake Billy Hayes

National Association of Schoolmasters

Union of Women Teachers (two members)

Chris Keates Sue Rogers

National Union of Teachers (two members)

Pat Hawkes Steve Sinnott

Public and Commercial Services Union (two members)

Janice Godrich Mark Serwotka

Union of Shop, Distributive and Allied Workers

(two members)

Marge Carey John Hannett

SECTION B

Unions with between 100,000 and 200,000

Members

Association of Teachers and Lecturers

Mary Bousted

Graphical, Paper and Media Union

Tony Dubbins

Prospect

Paul Noon

Union of Construction, Allied Trades andTechnicians

George Brumwell

Unifi

Ed Sweeney

SECTION C

Eleven to be elected

Andy Gilchrist (FBU) 585,000 *

Judy McKnight (NAPO) 554,000 *

Jeremy Dear (NUJ) 553,000 *

Paul Mackney (NATFHE) 552,000 *

Brian Orrell (NUMAST) 495,000 *

Jonathan Baume (FDA) 492,000 *

Brian Caton (POA) 486,000 *

Bob Crow (RMT) 430,000 *

Gerry Doherty (TSSA) 428,000 *

Michael Leahy (Community) 409,000 *

Ged Nichols (Accord) 382,000 *

Doug Nicholls (CYWU) 323,000

Joe Marino (BFAWU) 264,000

Ian Lavery (NUM) 220,000

Robert Monks (URTU) 59,000

SECTION D

Women from unions with fewer than

200,000 members

Four to be elected (no contest)

Anita Halpin National Union of Journalists

Sally Hunt Association of University Teachers

Lesley Mercer Chartered Society of Physiotherapy

Jenny Thurston Prospect

SECTION E

Mohammed Taj (TGWU) 4,471,000 *

Roger King (NUT) 240,000

SECTION F

Member representing black workers from unions

with fewer than 200,000 members

Leslie Manasseh Connect (no contest)

SECTION G

Member representing black women

Gloria Mills UNISON (no contest)

SECTION H

Mark Fysh (Unison) 5,329,000 *

Tony Sneddon (CWU) 739,000

SECTION I

David Lascelles (GMB) 5,303,000 *

Maria Exall (CWU) 765,000

SECTION J

Matthew McGregor (TGWU) 4676,000 *

Alan Totten (CWU) 1,277,000

GENERAL PURPOSES COMMITTEE

Tony Cooper (TGWU) 5,999,000 *

Linda McCulloch (Amicus) 5,978,000 *

Annette Place (Unison) 5,826,000 *

Phil Davies (GMB) 5,562,000 *

Peter Hall (RMT) 4,912,000 *

Steve Kemp (NUM) 1,747,000

* - elected members in contested ballots.