Session 2015-16
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Tuesday 13 October 2015

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Trade Union Bill


 

Note

 

This document includes all amendments remaining before the Committee and

 

includes any withdrawn amendments at the end. The amendments have been

 

arranged in accordance with the Resolution of the Programming Sub-Committee.

 


 

Resolution of the Programming Sub-Committee

 

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

 

agreed the following Resolution at its meeting on Monday 13 October (Standing Order

 

83C):

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 9.25am on Tuesday 13

 

October) meet—

 

(a)  

at 2.00 pm on Tuesday 13 October; 

 

(b)  

at 11.30am and 2.00pm on Thursday 15 October;

 

(c)  

at 9.25am and 2.00 pm on Tuesday 20 October;

 

(d)  

at 11.30am and 2.00 pm on Thursday 22 October;

 

(e)  

at 9.25am and 2.00 pm on Tuesday 27 October;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table:

 

TABLE

 

Date

Time

Witness

 
 

Tuesday 13 October

Until no later than

Confederation of British

 
  

10.15 am

Industry; British Chamber of

 
   

Commerce; Arriva

 
 

Tuesday 13 October

Until no later than

Community; Union of Shop,

 
  

10.45 am

Distributive and Allied Workers

 
 

Tuesday 13 October

Until no later than

Thompsons Solicitors;

 
  

11.15 am

Chartered Institute of Personnel

 
   

and Development

 
 

Tuesday 13 October

Until no later than

2020 Health

 
  

2.30 pm

  
 

Tuesday 13 October

Until no later than

London Travel Watch; Transport

 
  

3.15 pm

Focus

 
 

Tuesday 13 October

Until no later than

Amnesty; Liberty; Blacklist

 
  

3.45 pm

Support Group

 
 

Tuesday 13 October

Until no later than

TaxPayers’ Alliance; Abellio

 
  

4.15 pm

  
 

Tuesday 13 October

Until no later than

Welsh Government; Scottish

 
  

5.00 pm

Government; Scottish Trade

 
   

Union Congress

 
 

Thursday 15 October

Until no later than 12

National Police Chiefs’ Council;

 
  

noon

Police Federation

 
 

Thursday 15 October

Until no later than

SITA UK; London Fire Brigade

 
  

12.30 pm

  
 

Thursday 15 October

Until no later than

Trade Union and Labour Party

 
  

1.00 pm

Liaison

 
 

Thursday 15 October

Until no later than

Professor Keith Ewing,

 
  

2.30 pm

Professor of Public Law, King’s

 
   

College London

 
 

Thursday 15 October

Until no later than

Royal College of Nursing;

 
  

3.00 pm

Royal College of Midwives;

 
   

Public and Commercial Services

 
   

Union; Fire Brigades Union

 
 

Thursday 15 October

Until no later than

Unite; Unison; GMB; Trade

 
  

4.15 pm

Union Congress

 
 

Thursday 15 October

Until no later than

Department for Business,

 
  

5.00 pm

Innovation and Skills; Cabinet

 
   

Office

 

 
 

Public Bill Committee: 13 October 2015                  

2

 

Trade Union Bill, continued

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order: Clauses 1 to 14; Schedules 1 and 2; Clauses 15 and 16;

 

Schedule 3; Clauses 17 and 18; Schedule 4; Clauses 19 to 22; remaining

 

proceedings on the Bill;

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 5.00 pm on Tuesday 27 October.

 

Nick Boles has given notice of his intention to move a motion in the terms of the


 
 

Public Bill Committee: 13 October 2015                  

3

 

Trade Union Bill, continued

 
 

Resolution of the Programming Sub-Committee [Standing Order No. 83C].

 


 

Nick Boles

 

That, subject to the discretion of the Chair, any written evidence received by the

 

Committee shall be reported to the House for publication.

 

 

 


 

Nick Boles

 

That, at this and any subsequent meeting at which oral evidence is to be heard, the

 

Committee shall sit in private until the witnesses are admitted.

 


 

Ms Angela Eagle

 

Stephen Doughty [R]

 

Ian Murray [R]

 

1

 

Clause  2,  page  1,  leave out lines 9 and 10 and insert—

 

“(iia)    

in which at least 50% of those who were sent a ballot paper in accordance with

 

section 230(2) of the 1992 Act voted, and”

 

Ms Angela Eagle [R]

 

Stephen Doughty [R]

 

Ian Murray [R]

 

2

 

Clause  2,  page  1,  leave out lines 9 and 10 and insert—

 

“(iia)    

in which at least 50% of those who according to the trade union’s reasonable

 

belief were employed by the employer in a trade dispute, and whom the union

 

reasonably believed would be induced to take part in the industrial action, voted

 

and”

 

Ms Angela Eagle [R]

 

Stephen Doughty [R]

 

Ian Murray [R]

 

3

 

Clause  2,  page  1,  line  14,  at end insert—

 

“(3)    

Small or accidental failures in the arrangements for carrying out the ballot which

 

do not affect the result of the ballot are disregarded for the purposes of

 

compliance with section 226.”

 

Member’s explanatory statement

 

The amendment would ensure that small or accidental mistakes in the carrying out of a ballot


 
 

Public Bill Committee: 13 October 2015                  

4

 

Trade Union Bill, continued

 
 

which are immaterial to the outcome of the ballot are disregarded and are not grounds for

 

complaint to the Certification Officer or recourse to the courts.

 


 

Ms Angela Eagle [R]

 

Stephen Doughty [R]

 

Ian Murray [R]

 

4

 

Clause  3,  page  2,  line  5,  after “engaged” insert “solely”

 

Ms Angela Eagle [R]

 

Stephen Doughty [R]

 

Ian Murray [R]

 

5

 

Clause  3,  page  2,  leave out lines 6 to 8 insert—

 

“the provision of essential public services.”

 

Ms Angela Eagle [R]

 

Stephen Doughty [R]

 

Ian Murray [R]

 

6

 

Clause  3,  page  2,  leave out lines 7 and 8

 

Ms Angela Eagle [R]

 

Stephen Doughty [R]

 

Ian Murray [R]

 

7

 

Clause  3,  page  2,  line  9,  leave out “were entitled to vote in the ballot” and insert:

 

“according to the trade union’s reasonable belief were employed by the employer in a

 

trade dispute, and whom the union reasonably believed would be induced to take part in

 

the industrial action,”

 

Ms Angela Eagle [R]

 

Stephen Doughty [R]

 

Ian Murray [R]

 

8

 

Clause  3,  page  2,  line  10,  leave out “entitled to vote in the ballot” and insert “sent a

 

ballot paper in accordance with section 230(2) of the 1992 Act.”

 

Ms Angela Eagle [R]

 

Stephen Doughty [R]

 

Ian Murray [R]

 

9

 

Clause  3,  page  2,  leave out lines 11 and 12 and insert—

 

“(2D)    

In subsection (2B) “essential public services” means those services the

 

interruption of which would endanger the life, personal safety or health of the

 

whole or part of the population.”

 

Member’s explanatory statement

 

The amendment would define “essential public services” in accordance with the International

 

Labour Organisation’s definition.


 
 

Public Bill Committee: 13 October 2015                  

5

 

Trade Union Bill, continued

 
 

Ms Angela Eagle [R]

 

Stephen Doughty [R]

 

Ian Murray [R]

 

10

 

Clause  3,  page  2,  leave out lines 13 to 21

 

Ms Angela Eagle [R]

 

Stephen Doughty [R]

 

Ian Murray [R]

 

11

 

Clause  3,  page  2,  line  24,  at end insert—

 

“(2G)    

None of the provisions of this section shall apply to services the provision of

 

which is devolved wholly or partially to the Scottish Government, Welsh

 

Government or Northern Ireland Executive.

 

Member’s explanatory statement

 

The amendment would ensure that the provisions of the Bill requiring 40% support for industrial

 

action in certain public services would not apply to services devolved to the Scottish Government,

 

the Welsh Government and the Northern Ireland Executive.

 

Ms Angela Eagle [R]

 

Stephen Doughty [R]

 

Ian Murray [R]

 

12

 

Clause  3,  page  2,  line  24,  at end insert—

 

“(2H)    

None of the provisions of this section shall apply to services provided by the

 

Mayor of London or local authorities in England.”

 

Member’s explanatory statement

 

The amendment would ensure that the provisions of the Bill requiring 40% support for industrial

 

action in certain public services would not apply to services devolved to the Mayor of London or

 

local authorities in England.

 

Ms Angela Eagle [R]

 

Stephen Doughty [R]

 

Ian Murray [R]

 

13

 

Clause  3,  page  2,  line  24,  and insert―

 

“(3ZA)    

Small or accidental failures in the arrangements for carrying out the ballot which

 

do not affect the result of the ballot are disregarded for the purposes of

 

compliance this section.”

 

Member’s explanatory statement

 

The amendment would ensure that small or accidental mistakes in the carrying out of a ballot

 

which are immaterial to the outcome of the ballot are disregarded and not grounds for complaint

 

to the Certification Officer or recourse to the courts.

 


 

Ms Angela Eagle [R]

 

Stephen Doughty [R]

 

Ian Murray [R]

 

14

 

Clause  4,  page  2,  leave out lines 32 to 34 and insert—

 

“(2B)    

The voting paper must state the trade dispute to which the proposed industrial

 

action relates.”


 
 

Public Bill Committee: 13 October 2015                  

6

 

Trade Union Bill, continued

 
 

Ms Angela Eagle [R]

 

Stephen Doughty [R]

 

Ian Murray [R]

 

15

 

Clause  4,  page  2,  line  32,  leave out “reasonably detailed indication of the matter or

 

matters in issue in the” and insert “description of the”

 

Ms Angela Eagle [R]

 

Stephen Doughty [R]

 

Ian Murray [R]

 

16

 

Clause  4,  page  2,  leave out lines 35 to 38

 

Ms Angela Eagle [R]

 

Stephen Doughty [R]

 

Ian Murray [R]

 

17

 

Clause  4,  page  2,  leave out lines 39 to 41 and insert―

 

“(2D)    

The voting paper must state whether the industrial action is intended to be

 

continuous or discontinuous.”

 

Ms Angela Eagle [R]

 

Stephen Doughty [R]

 

Ian Murray [R]

 

18

 

Clause  4,  page  2,  leave out lines 39 to 41 and insert―

 

“(2D)    

The voting paper must state whether the industrial action is intended to be

 

continuous, and if so the intended date for any of the affected employees to begin

 

to take part in the action or, if discontinuous, the intended dates during which any

 

of the affected employees are to take part in the action.”

 

Ms Angela Eagle [R]

 

Stephen Doughty [R]

 

Ian Murray [R]

 

19

 

Clause  4,  page  2,  leave out lines 39 to 41

 


 

Ms Angela Eagle [R]

 

Stephen Doughty [R]

 

Ian Murray [R]

 

20

 

Clause  5,  page  3,  line  6,  leave out from “individuals” to the end of the paragraph

 

and insert “who according to the trade union’s reasonable belief were employed by the

 

employer in a trade dispute, and whom the union reasonably believed would be induced

 

to take part in the industrial action”

 

Member’s explanatory statement

 

The amendment would be consequential to Amendments 1 and 2.


 
 

Public Bill Committee: 13 October 2015                  

7

 

Trade Union Bill, continued

 
 

Ms Angela Eagle [R]

 

Stephen Doughty [R]

 

Ian Murray [R]

 

23

 

Clause  5,  page  3,  leave out lines 15 to 21

 

Ms Angela Eagle [R]

 

Stephen Doughty [R]

 

Ian Murray [R]

 

21

 

Clause  5,  page  3,  line  16,  leave out from “individuals” to the end of the paragraph

 

and insert “who according to the trade union’s reasonable belief were employed by the

 

employer in a trade dispute, and whom the union reasonably believed would be induced

 

to take part in the industrial action”

 

Member’s explanatory statement

 

The amendment would be consequential to Amendments 1 and 2.

 

Ms Angela Eagle [R]

 

Stephen Doughty [R]

 

Ian Murray [R]

 

22

 

Clause  5,  page  3,  line  20,  leave out from “who” to the end of the paragraph and

 

insert “were sent a ballot paper in accordance with section 230(2) of the 1992 Act”

 


 

Ms Angela Eagle [R]

 

Stephen Doughty [R]

 

Ian Murray [R]

 

24

 

Clause  8,  page  4,  line  14,  leave out “four months” and insert “twelve months”

 

Member’s explanatory statement

 

The amendment would extend the period before any new ballot would be required, and reduce the

 

risk of incompatibility of the provisions with Article 11 of the European Convention on Human

 

Rights – an issue addressed by the Government in its memorandum on the Bill.

 

Ms Angela Eagle [R]

 

Stephen Doughty [R]

 

Ian Murray [R]

 

25

 

Clause  8,  page  4,  line  16,  after “Subsection 1” insert “and section 233 (3) (b) of the

 

1992 Act”

 

Member’s explanatory statement

 

The amendment would make it clear that the prohibition on a “prior call” to take industrial action

 

does not invalidate a subsequent ballot on the same dispute.

 



 
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