House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Notices of Amendments: 4 September 2013
607

Transparency of Lobbying, Non-Party Campaigning

and Trade Union Administration Bill, continued

Mr Andrew Lansley

92

Schedule  1,  page  50,  line  19,  leave out ‘(or, where the person is an employee, the

person’s employer)’.

Mr Andrew Lansley

93

Schedule  1,  page  50,  line  20,  leave out ‘is mainly a non-lobbying business’ and

insert ‘consists mainly of non-lobbying activities’.

Mr Andrew Lansley

94

Schedule  1,  page  50,  line  22,  leave out from first ‘of’ to end of line 24 and insert

‘the communication is incidental to the carrying on of those activities’.

Mr Andrew Lansley

95

Schedule  1,  page  50,  leave out from beginning of line 25 to ‘activities’ in line 26 and

insert ‘In sub-paragraph (1) “non-lobbying activities” are’.

Mr Andrew Lansley

96

Schedule  1,  page  51,  line  9,  leave out ‘(or, where the person is an employee, the

person’s employer)’.

Mr Andrew Lansley

97

Schedule  1,  page  51,  line  12,  leave out ‘(or employer)’.

Mr Andrew Lansley

98

Schedule  2,  page  53,  line  15,  at end insert ‘or was an employee of a person who

carried on that business.’.

Mr Kevin Barron

99

Schedule  1,  page  50,  line  11,  leave out paragraph 2.

Mr Kevin Barron

100

Schedule  1,  page  51,  line  42,  at end insert—

‘(4)
A reference to payment does not include a reference to the salary an hon. Member

receives as a Member of the House of Commons.’.

Jacob Rees-Mogg

101

Clause  27,  page  13,  line  31,  at end insert—

‘( )
In section 94(1) of the Political Parties Elections and Referendums Act 2000,

after subsection (1) insert—

Notices of Amendments: 4 September 2013
608

Transparency of Lobbying, Non-Party Campaigning

and Trade Union Administration Bill, continued

“(1A)
During a regulated period no controlled expenditure is to be incurred by

any third party that is in receipt of public funds in the 12 month period

prior to the start of the regulated period.”.

( )
In section 94(2) after “schedule 10” in line 3, insert “or by (1A) above.’.

Mr Gareth Thomas

102

Schedule  1,  page  51,  line  42,  at end insert—

‘6  (4)
“Payment” does not include any salary or expenses an hon. Member of

Parliament receives as a Member of the House of Commons.’.

Ian Murray

103

Clause  36,  page  37,  line  39,  leave out ‘in relation to each reporting period’ and

insert ‘if

(a)
a formal complaint is received by the Certification Officer that would

result in the Certification Officer requiring a membership audit in

relation to the reporting period when the complaint was verified and

(b)
the Certification Officer determined that a certificate was required.’.

Ian Murray

104

Clause  36,  page  38,  line  7,  at end insert ‘unless—

(a)
The Trade Union is appealing the membership certificate; or

(b)
The Trade Union has challenged the Certification Officer’s acceptance of

a membership audit certificate and invoked (a).’.

Ian Murray

105

Clause  36,  page  38,  line  12,  at end insert—

‘(4A)
The Secretary of State may confer these powers to any political party with more

than 10,000 members should there be a requirement in the public interest.’.

Ian Murray

106

Clause  36,  page  38,  line  22,  leave out from ‘certificate’ to end and insert ‘for which

the trade union may request reasonable payment as per charges for requests for access to

accounting periods in section 30(6).’.

Ian Murray

107

Clause  37,  page  39,  line  7,  at end add ‘, and

(c)
to have a duty of confidentiality to the trade union and it’s members; and

(d)
to ensure, at all times to abide by the trade union’s obligations under the

Data Protection Act 1998 to protect the information of members.’.

Ian Murray

108

Clause  37,  page  39,  line  16,  at end insert—

Notices of Amendments: 4 September 2013
609

Transparency of Lobbying, Non-Party Campaigning

and Trade Union Administration Bill, continued

‘(3A)
The conditions set out in an order under subsection (3)(a) shall include the

qualifications, status and experience an assurer requires in order to qualify under

that subsection.’.

Ian Murray

109

Clause  37,  page  39,  line  46,  at end add—

‘(e)
The person has breached the confidentiality of the Trade Union, or

(f)
The person is in breach of his statutory duty or the terms of his

appointment, by reason of incapacity or for any other reason which in the

reasonable opinion of the union justifies his removal, or

(g)
There are any other reasonable circumstances where the continuation of

the assurer would be deemed inappropriate.’.

Ian Murray

110

Clause  37,  page  39,  line  29,  leave out subsections (1) and (2) and insert—

‘(1)
The appointment and removal of an assurer will be conducted as per the

specification in section 49(1) and section 49(5) of the Trade Union and Labour

Relations (Consolidation) Act 1992.’.

Ian Murray

111

Clause  37,  page  40,  line  12,  leave out from ‘opinion,’ to ‘for the purposes’ and

insert ‘the trade union secured, so far as is reasonably practicable, that the entries in the

register were accurate and up-to-date.’.

Ian Murray

112

Clause  37,  page  40,  line  19,  at end add—

‘(c)
Whether, in the assurer’s opinion, the trade union has taken all

reasonably steps to ensure their membership register is up to date taking

into account—

“(1)
That the union should not be held responsible for inaccuracies in

cases where, in the assurer’s opinion, an employer is not sharing

timely and accurate details.

(2)
Any other aspects that, in the assurer’s opinion, have been out of

the control of the trade union in the maintenance of the

membership register.’.

Ian Murray

113

Clause  37,  page  40,  line  19,  at end add—

‘(c)
The Secretary of State will determine the definition of “satisfactory” in

this section and produce guidance for assurers.’.

Ian Murray

114

Clause  37,  page  40,  line  27,  at end insert—

‘(c)
The Secretary of State will determine the definition of “not satisfactory”

in this section and produce guidance for assurers.’.

Notices of Amendments: 4 September 2013
610

Transparency of Lobbying, Non-Party Campaigning

and Trade Union Administration Bill, continued

Ian Murray

115

Clause  37,  page  41,  line  4,  at end add—

‘(c)
Has the right to make a reasonable request to any employer for

information that the assurer considers necessary for the performance of

the assurer’s functions.’.

Ian Murray

116

Clause  37,  page  41,  line  1,  leave out from ‘union’s’ to ‘such’ and insert ‘data

controller’.

Ian Murray

117

Clause  37,  page  41,  line  4,  at end add—

‘(cc)
where this does not conflict with the union’s responsibilities as set down

by the Information Commissioner.’.

Ian Murray

118

Clause  37,  page  41,  line  28,  leave out ‘to take all reasonable steps’ and insert ‘all

steps necessary’.

Ian Murray

119

Clause  37,  page  41,  line  25,  at end insert—

‘(za)
to comply with duties owed by him under the Data Protection Act 1998,

and’.

Ian Murray

120

Clause  37,  page  41,  leave out lines 34 to 39.

Ian Murray

121

Clause  37,  page  38,  line  42,  leave out ‘in relation to each reporting period’ and

insert ‘if section 36(2)(1) is invoked’.

Ian Murray

122

Clause  38,  page  42,  line  28,  at end insert—

‘(c)
The names, dates of birth and National Insurance numbers held by

relevant employers to allow cross-referencing of trade union members

with the sole purpose of completing a membership audit, on request from

the Certification Officer to complete an investigation.’.

Ian Murray

123

Clause  38,  page  42,  line  19,  at end insert—

‘(1A)
The Certification Officer must ensure there is no conflict of interest with the

appointment of any “authorised person” as stated in (1)(b).’.

Notices of Amendments: 4 September 2013
611

Transparency of Lobbying, Non-Party Campaigning

and Trade Union Administration Bill, continued

Ian Murray

124

Clause  38,  page  42,  line  16,  leave out ‘, or a branch or section of a trade union’.

Ian Murray

125

Clause  38,  page  42,  line  11,  leave out ‘, or a branch or section of a trade union’.

Ian Murray

126

Clause  38,  page  43,  line  30,  at end insert—

‘(c)
The names, dates of birth and National Insurance numbers held by

relevant employers to allow cross-referencing of trade union members

with the sole purpose of completing a membership audit, on request from

the Certification Officer to complete an investigation.’.

Ian Murray

127

Clause  38,  page  44,  line  7,  at end insert—

‘(7A)
Breaches of confidentiality should disqualify an inspector from conducting

further investigations.’.

Ian Murray

128

Clause  38,  page  43,  line  40,  leave out ‘reasonable steps’ and insert ‘steps

necessary’.

Ian Murray

129

Clause  38,  page  43,  line  14,  at end insert—

‘(2A)
The Certification Officer must ensure there is no conflict of interest with the

appointment of any inspector(s) under section 24ZI(1).’.

Ian Murray

130

Clause  39,  page  45,  line  10,  at end insert—

‘(1A)
The declaration should be disclosed to the trade union prior to making

observations under section 24B(2). The Certification Officer must—

(a)
specify the provisions with which he considers the trade union may have

failed to comply and give preliminary written reasons for that view which

are sufficient to enable the trade union to know the case it has to meet and

to enable it to make representations to him; and

(b)
disclose to the union any inspector’s report under section 24ZI in

sufficient time for it to address that report in any written

representations.’.

Notices of Amendments: 4 September 2013
612

Transparency of Lobbying, Non-Party Campaigning

and Trade Union Administration Bill, continued

Mr Graham Allen

Paul Flynn

Sheila Gilmore

Fabian Hamilton

Mrs Eleanor Laing

Mr Andrew Turner

131

Clause  26,  page  12,  leave out lines 31 to line 3 on page 13 and insert—

‘

“For election purposes” means activity which can reasonably be regarded as

intended for the primary purpose of—

(a)
promoting or procuring electoral success at any relevant election

for—

(i)
one or more particular registered parties;

(ii)
one or more registered parties who advocate (or do not

advocate) particular policies or who otherwise fall

within a particular category of such parties; or

(iii)
candidates who hold (or do not hold) particular opinions

or who advocate (or do not advocate) particular policies

or who otherwise fall within a particular category of

candidates; or

(b)
otherwise enhancing the standing—

(i)
of any such party or parties; or

(ii)
of any such candidates,

with the electorate in connection with future relevant elections (whether

imminent or otherwise).’.

Mr Graham Allen

Paul Flynn

Sheila Gilmore

Fabian Hamilton

Mrs Eleanor Laing

Mr Andrew Turner

132

Schedule  3,  page  55,  line  23,  leave out sub-paragraph (3) and insert—

‘Any manifesto or other document setting out the third party’s view on the

policies of one or more registered parties or of any category of registered

parties or candidates.’.

Mr Graham Allen

Paul Flynn

Sheila Gilmore

Fabian Hamilton

Mrs Eleanor Laing

Mr Andrew Turner

133

Schedule  3,  page  55,  line  32,  at end add ‘in connection with an election campaign’.

Notices of Amendments: 4 September 2013
613

Transparency of Lobbying, Non-Party Campaigning

and Trade Union Administration Bill, continued

Mr Graham Allen

Paul Flynn

Sheila Gilmore

Fabian Hamilton

Mrs Eleanor Laing

Mr Andrew Turner

134

Schedule  3,  page  55,  leave out lines 40 to line 4 on page 56.

Mr Graham Allen

Paul Flynn

Sheila Gilmore

Fabian Hamilton

Mrs Eleanor Laing

Mr Andrew Turner

135

Page  13,  line  31,  leave out Clause 27.



© Parliamentary copyright	Revised 5 September 2013