Lords amendment: No. 11, in page 8, line 16, after "apply" insert
"— (a)"
I beg to move, That this House doth agree with the Lords in the said amendment.
With this, it will be convenient to take Lords amendment No. 12, in page 8, line 18, at end insert
"or
(b) where the evidence is adduced or the question in cross-examination is asked for the purpose of establishing the fairness or unfairness of a dismissal on grounds of an offence under section 1 above or of conduct from which such an offence might be inferred:
and paragraph (a) of that subsection does not apply where a person has been convicted of the offence under that section."
These amendments meet a point originally identified by my hon. Friend the Member for Grantham (Mr. Hogg) in Committee. He pointed out that if the Post Office or a public telecommunications operator were challenged in an industrial tribunal with dismissing an employee on grounds of conduct that amounted to improper interception, they might not be able to adduce evidence in support of their case. The same matter was pursued by an Opposition spokesman in the other place. The Government found the point persuasive, and these amendments meet it.
I thank my hon. and learned Friend for having responded to my point. The amendment takes account of the point that I was making, and there should be no further problems.
Question put and agreed to.
Lords amendment No. 12 agreed to.