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| | Clause 37, page 39, line 16, at end insert— |
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| | | ‘(3A) | The conditions set out in an order under subsection (3)(a) shall include the |
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| | | qualifications, status and experience an assurer requires in order to qualify under |
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| | Clause 37, page 39, line 29, leave out subsections (1) and (2) and insert— |
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| | | ‘(1) | The appointment and removal of an assurer will be conducted as per the |
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| | | specification in section 49(1) and section 49(5) of the Trade Union and Labour |
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| | | Relations (Consolidation) Act 1992.’. |
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| | Clause 37, page 39, line 46, at end add— |
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| | | ‘(e) | The person has breached the confidentiality of the Trade Union, or |
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| | | (f) | The person is in breach of his statutory duty or the terms of his |
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| | | appointment, by reason of incapacity or for any other reason which in the |
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| | | reasonable opinion of the union justifies his removal, or |
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| | | (g) | There are any other reasonable circumstances where the continuation of |
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| | | the assurer would be deemed inappropriate.’. |
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| | Clause 37, page 40, line 12, leave out from ‘opinion,’ to ‘for the purposes’ and |
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| | insert ‘the trade union secured, so far as is reasonably practicable, that the entries in the |
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| | register were accurate and up-to-date.’. |
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| | Clause 37, page 40, line 19, at end add— |
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| | | ‘(c) | Whether, in the assurer’s opinion, the trade union has taken all |
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| | | reasonably steps to ensure their membership register is up to date taking |
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| | | “(1) | That the union should not be held responsible for inaccuracies in |
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| | | cases where, in the assurer’s opinion, an employer is not sharing |
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| | | timely and accurate details, and |
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| | | (2) | any other aspects that, in the assurer’s opinion, have been out of |
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| | | the control of the trade union in the maintenance of the |
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| | Clause 37, page 40, line 19, at end add— |
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| | | ‘(c) | The Secretary of State will determine the definition of “satisfactory” in |
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| | | this section and produce guidance for assurers.’. |
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| | Clause 37, page 40, line 27, at end insert— |
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| | | ‘(c) | The Secretary of State will determine the definition of “not satisfactory” |
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| | | in this section and produce guidance for assurers.’. |
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| | Clause 37, page 41, line 1, leave out from ‘union’s’ to ‘such’ and insert ‘data |
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| | Clause 37, page 41, line 4, at end add— |
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| | | ‘(c) | Has the right to make a reasonable request to any employer for |
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| | | information that the assurer considers necessary for the performance of |
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| | | the assurer’s functions.’. |
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| | Clause 37, page 41, line 4, at end add— |
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| | | ‘(cc) | where this does not conflict with the union’s responsibilities as set down |
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| | | by the Information Commissioner.’. |
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| | Clause 37, page 41, line 25, at end insert— |
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| | | ‘(za) | to comply with duties owed by him under the Data Protection Act 1998, |
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| | Clause 37, page 41, line 28, leave out ‘all reasonable steps’ and insert ‘all steps |
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| | Clause 37, page 41, leave out lines 34 to 39. |
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| | Clause 38, page 42, line 11, leave out ‘, or a branch or section of a trade union’. |
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| | Clause 38, page 42, line 16, leave out ‘, or a branch or section of a trade union’. |
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| | Clause 38, page 42, line 19, at end insert— |
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| | | ‘(1A) | The Certification Officer must ensure there is no conflict of interest with the |
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| | | appointment of any “authorised person” as stated in (1)(b).’. |
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| | Clause 38, page 42, line 28, at end insert— |
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| | | ‘(c) | The names, dates of birth and National Insurance numbers held by |
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| | | relevant employers to allow cross-referencing of trade union members |
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| | | with the sole purpose of completing a membership audit, on request from |
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| | | the Certification Officer to complete an investigation.’. |
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| | Clause 38, page 43, line 14, at end insert— |
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| | | ‘(2A) | The Certification Officer must ensure there is no conflict of interest with the |
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| | | appointment of any inspector(s) under section 24ZI(1).’. |
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| | Clause 38, page 43, line 30, at end insert— |
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| | | ‘(c) | The names, dates of birth and National Insurance numbers held by |
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| | | relevant employers to allow cross-referencing of trade union members |
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| | | with the sole purpose of completing a membership audit, on request from |
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| | | the Certification Officer to complete an investigation.’. |
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| | Clause 38, page 43, line 40, leave out ‘reasonable steps’ and insert ‘steps |
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| | Clause 38, page 44, line 7, at end insert— |
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| | | ‘(7A) | Breaches of confidentiality should disqualify an inspector from conducting |
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| | | further investigations.’. |
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| | Clause 39, page 45, line 16, at end insert— |
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| | | ‘(1A) | The declaration should be disclosed to the trade union prior to making |
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| | | observations under section 24B(2). The Certification Officer must— |
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| | | (a) | specify the provisions with which he considers the trade union may have |
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| | | failed to comply and give preliminary written reasons for that view which |
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| | | are sufficient to enable the trade union to know the case it has to meet and |
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| | | to enable it to make representations to him; and |
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| | | (b) | disclose to the union any inspector’s report under section 24ZI in |
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| | | sufficient time for it to address that report in any written |
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| | Clause 40, page 47, line 34, at end add— |
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| | | ‘(c) | that the Electoral Commission must lay before Parliament— |
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| | | (i) | full cost projections of the impact of Part 2 on their running |
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| | | (ii) | their assessment of the administrative impact on third parties |
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| | | | within one month of Royal Assent.’. |
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| | 
| Clause 41, page 48, line 3, leave out ‘except as mentioned in subsection (3)(c)’ and |
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| | | ‘(1A) | The Minister may not make an order bringing into force Part 3 of this Act unless |
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| | | the Certification Officer has ruled on a complaint about the accuracy of the |
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| | | register of names of a particular trade union and has recommended that Part 3 of |
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| | | this Act should apply in relation to that union; and any such order bringing Part 3 |
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| | | into force shall apply it only to that union.’. |
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| | | Clause 41, page 48, line 3, leave out ‘except as mentioned in subsection (3)(c)’ and |
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| | | ‘(1A) | The Minister may not make an order bringing into force Part 3 of this Act unless |
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| | | the Certification Officer has investigated the current operation of the existing |
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| | | legislation regarding registers of members of trade unions and has recommended |
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| | | that Part 3 of this Act be brought into force.’. |
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| | | Clause 41, page 48, line 12, leave out paragraph (c). |
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| | | Review of potential for conflicts of interest |
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| | | To move the following Clause:— |
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| | | ‘(1) | Within one month of the passing of this Act, the Secretary of State shall instruct |
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| | | the Commission for Standards in Public Life to carry out a review into the |
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| | | potential for conflicts of interest arising from the movement of individuals |
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| | | between positions of public office and jobs in the private sector, in either |
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| | | (2) | The report under subsection (1) shall cover but not be limited to the following— |
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| | | (a) | benefits of such movement including understanding, communication and |
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| | | sharing of expertise between public officials and business and the third |
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| | | (b) | risks that government officials will be influenced in their policy or |
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| | | procurement decisions by the interests of past or prospective employers, |
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| | | (c) | whether conflicts of interest arise particularly for individuals in |
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| | | government who have responsibilities to regulate business activity or |
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| | | who are charged with procuring, |
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| | | (d) | the impact of such movements on public perceptions of government and |
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| | | (e) | the functioning of the Advisory Committee on Business Appointments |
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| | | (i) | resources and powers to regulate the post-public employment of |
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| | | former Ministers and public servants, |
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| | | (ii) | the process of assessing potential risk areas, |
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| | | (iii) | whether rulings issued by ACoBA or a future body carrying out |
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| | | a similar function should be mandatory, |
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| | | (iv) | whether the period during which former Ministers and crown |
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| | | servants must undergo scrutiny for appointments in the private |
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| | | sector should be extended, |
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| | | (v) | the extension of ACoBA’s remit to cover appointments to non- |
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| | | (vi) | disclosure of information about the procedures for assessing |
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| | | applications and the reasons for judgements, |
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| | | (f) | the potential for IPSA (the Independent Parliamentary Standards |
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| | | Authority) to provide post-public employment rules for hon. Members. |
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| | | (3) | Public consultation must be undertaken as part of this review. |
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| | | (4) | The Secretary of State shall lay a copy of a report before both Houses of |
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| | | Parliament detailing the findings of this review within six months of giving the |
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| | | instruction under subsection (1).’. |
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| | Title, line 2, leave out ‘consultant’ and insert ‘professional’. |
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| | | ORDER OF THE HOUSE [3 SEPTEMBER 2013] |
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| | | That the following provisions shall apply to the Transparency of Lobbying, Non-Party |
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| | | Campaigning and Trade Union Administration Bill: |
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| | | 1. | The Bill shall be committed to a Committee of the whole House. |
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| | | 2. | Proceedings in the Committee of the whole House shall be completed in three |
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| | | 3. | The proceedings shall be taken on the days shown in the first column of the |
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| | | following table and in the order so shown. |
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| | | 4. | The proceedings shall (so far as not previously concluded) be brought to a |
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| | | conclusion at the times specified in the second column of the Table. |
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| | | Time for conclusion of proceedings |
| | | | | | | | | | Clauses 1 and 2, Schedule 1, Clause |
| The moment of interruption on the |
| | | | | 3, Schedule 2, Clauses 4 to 25, new |
| | | | | | Clauses relating to Part 1, new |
| | | | | | Schedules relating to Part 1 |
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| | | | | | | Clause 26, Schedule 3, Clauses 27 |
| The moment of interruption on the |
| | | | | to 32, Schedule 4, Clauses 33 to 35, |
| | | | | | new Clauses relating to Part 2, new |
| | | | | | Schedules relating to Part 2 |
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