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| | Wednesday 11 September 2013 |
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| | New Amendments handed in are marked thus  |
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| | Transparency of Lobbying, Non-Party Campaigning and
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| | Trade Union Administration Bill
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| | | The Amendments have been arranged in accordance with the Order of the House |
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| | PART 3, NEW CLAUSES RELATING TO PART 3, NEW SCHEDULES RELATING TO PART 3, |
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| | PART 4, REMAINING NEW CLAUSES, REMAINING NEW SCHEDULES, REMAINING |
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| | Clause 36, page 37, line 39, leave out ‘in relation to each reporting period’ and |
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| | | (a) | a formal complaint is received by the Certification Officer that would |
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| | | result in the Certification Officer requiring a membership audit in |
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| | | relation to the reporting period when the complaint was verified and |
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| | | (b) | the Certification Officer determined that a certificate was required.’. |
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| | Clause 36, page 38, line 7, at end insert ‘unless— |
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| | | (a) | the Trade Union is appealing the membership certificate; or |
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| | | (b) | the Trade Union has challenged the Certification Officer’s acceptance of |
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| | | a membership audit certificate and invoked paragraph (a).’. |
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| | Clause 36, page 38, line 12, at end insert— |
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| | | ‘(4A) | The Secretary of State may confer these powers to any political party with more |
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| | | than 10,000 members should there be a requirement in the public interest.’. |
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| | Clause 36, page 38, line 22, leave out from ‘certificate’ to end of line 23 and insert |
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| | ‘for which the trade union may request reasonable payment as per charges for requests for |
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| | access to accounting periods in section 30(6).’. |
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| | Clause 37, page 38, line 42, leave out ‘in relation to each reporting period’ and |
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| | insert ‘if section 24ZA(1) is invoked’. |
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| | Clause 37, page 39, line 7, at end add ‘, and |
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| | | (c) | to have a duty of confidentiality to the trade union and its members; and |
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| | | (d) | to abide at all times by the trade union’s obligations under the Data |
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| | | Protection Act 1998 to protect the information of members.’. |
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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, leave out lines 29 to 35 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 insert— |
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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’ in line 14 and insert |
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| | ‘the trade union secured, so far as is reasonably practicable, that the entries in the register |
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| | were accurate and up-to-date.’. |
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| | Clause 37, page 40, line 19, at end insert— |
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| | | ‘(c) | Whether, in the assurer’s opinion, the trade union has taken all reasonable |
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| | | steps to ensure their membership register is up to date taking into |
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| | | “(i) | 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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| | | (ii) | 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 29, at end insert— |
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| | | ‘(4A) | The Secretary of State will determine the definition of “satisfactory” and “not |
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| | | satisfactory” 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’ in line 2 and insert |
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| | Clause 37, page 41, line 4, at end insert— |
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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 insert— |
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| | | ‘( ) | 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 beginning 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 subsection (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 subsection (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 subsection 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 47, line 40, leave out sub-paragraph (i). |
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| | Clause 41, page 47, line 43, leave out sub-paragraph (iii). |
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| | Clause 41, page 48, line 1, leave out sub-paragraph (iv). |
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| | Clause 41, page 48, line 3, leave out paragraph (c). |
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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 5, leave out from ‘purposes’ to end of line 6. |
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| | Clause 41, page 48, line 12, leave out paragraph (c). |
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| | Clause 41, page 48, line 12, leave out paragraph (c) and insert— |
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