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The idea of initiating a consultative committee was taken by the suggestion of the first prime minister, Jawaharlal Nehru in 1954. He felt the need to initiate this to give a glimpse of the working in a government to the members of the parliament. Also, this step would reduce the number of cross-questionings done by the members during a discussion, as now they will be fully involved in the functioning of the government.
An informal committee was set up for the various government departments in the year 1954. In 1969, further discussions were held by the members of the parliament to discuss the probable guidelines and advisories for the functioning of these committees. It was then decided that the informal nature of these committees will be maintained and that the committees would officially be known as the consultative committees.
The main objective of forming the committee was to provide an open forum for informal dialogues, discussions and conversations between the members of the parliament regarding the implementation of the policies by the government or the programs initiated by the government departments. The consultative committees are best known to maintain the informal nature throughout, blurring the party lines as it brings all the MPs in one same forum for the much-needed discussions and cross-questionings.
Formation of the Consultative Committees
The consultative committees for the various government departments and ministries are formed after the completion of the general elections. The membership is based on a voluntary basis and its constitution is generally at the same time as the budget session.
The maximum number of members in any consultative committee is forty from both houses. A consultative committee is not formed if a minimum of ten members have not provided their opinion to be included/nominated in that committee. Apart from that, if the members display special interest in any subject/ministry/department, he/she may be invited as the Permanent Special Invite to that consultative committee. Apart from this, when a ministry releases the agenda sheet for any of its discussion sessions in the consultative committee and a non-member is interested in any of the items in the agenda, he/she can take the required permission to attend the meeting as a special invite.
Apart from the consultative committee of the ministry of railways, it is mandatory for each committee to hold discussions during the session and another in the inter-session period. Any decision taken by the committee should not be reported in the press. If the committee wants to form a sub-committee to get into any subject or theory deeply, it may do so by the advisory of the Ministry of Parliamentary Affairs and then the report formulated can be used as the basis for further discussions.
A consultative committee is not to be mistaken for a parliamentary committee.
Safety Representatives and Safety Committees Regulations 1977
This set of regulations is essential for the unions observed in the business. The law is based on the suggestions or advisories on how employees can be consulted if the need arises and how they can be consulted. Furthermore, it lays out guidelines or frameworks for health and safety at workplaces.
If the business has identified the presence of trade unions incorporating, the safety representatives and safety committees regulations 1977 legally binds you to take the following necessary steps:
The law requires the employer to ask the representative of the trade union to appoint health and safety representatives.
The employer must consult the health and safety representatives on the suggestions regarding health and safety matters concerning the employees whose interests they are representing.
While appointing the health and safety representative, the employer might face the following situations:
Trade unions may appoint different representatives for the different teams/departments in a business
The union may appoint a different representative from the different union for the different departments of business
Through agreements, the union may represent employees belonging to other unions
The union representing employees who are not a part of any union
Functions of Union Appointed Health and Safety Representatives
Thorough discussions to be held between the union and employees regarding the number of health representatives to appoint, in line with the safety representatives and safety committees act, 1977. In case of disagreements, try and solve them internally or contact ACAS.
The nature of the business should be taken into account for formulating the flexibility approach between the health representatives and the businesses. Following situations are to be considered before deciding on a level of flexibility in a policy:
If the business undergoes rapidly changing situations and conditions in a workplace or the number of employees changes on a regular basis.
If the business has several departments working simultaneously
If the business poses any kind of health risk to the employees
If the business has a mix of workers, contact or agency
For the businesses, before appointing the representative, one should look for the person who has worked for two or more than two years. In case such a person is not available, the trade unions will appoint someone with the relevant skills and experience on their own. Usually, the trade unions write a letter to the relevant heads regarding the necessity of setting up health and safety cells in the workplace and who is the probable health and safety representative.
Conclusion
A consultative committee is set up in accordance with the Ministry of Parliamentary Affairs, to extend the opportunity to gain an insight into the working of government to the members of the parliament. This step also minimises the number of questions put in a discussion by the members of the parliament as now they’ll be directly engaged in the workings.
The safety regulations and the safety committees act 1977 lays down the framework for the health and safety representatives for businesses.
