Session 2015-16
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Tuesday 3 November 2015

 

New Amendments handed in are marked thus Parliamentary Star

 

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

 

Amendments tabled since the last publication: 2 to 4

 

Consideration of Bill (Report Stage)


 

Trade Union Bill, As Amended


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in the

 

order in which they relate to the Bill.

 


 

Angus Robertson

 

Chris Stephens

 

Dr Lisa Cameron

 

Kirsten Oswald

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Jonathan Edwards

 

NC1

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Industrial action and agency workers

 

(1)    

Subject to subsection (3), an employment business shall not introduce or supply

 

a work-seeker to a hirer to perform—

 

(a)    

the duties normally performed by a worker who is taking part in a strike

 

or other industrial action (“the first worker“), or


 
 

Notices of Amendments: 3 November 2015                  

2

 

Trade Union Bill, continued

 
 

(b)    

the duties normally performed by any other worker employed by the hirer

 

and who is assigned by the hirer to perform the duties normally

 

performed by the first worker,

 

    

unless in either case the employment business does not, and has no reasonable

 

grounds for knowing, that the first worker is taking part in a strike or other

 

industrial action.

 

(2)    

Subject to subsection (3) an employer (“the hirer“) shall not procure an

 

employment agency to supply a work-seeker to perform—

 

(a)    

the duties normally performed by a worker who is taking part in a strike

 

or other industrial action (“the first worker“), or

 

(b)    

the duties normally performed by any other worker employed by the hirer

 

and who is assigned by the hirer to perform the duties normally

 

performed by the first worker,

 

    

unless in either case the hirer does not, and has no reasonable grounds for

 

knowing, that the first worker is taking part in a strike or other industrial action.

 

(3)    

Subsections (2) and (3) shall not apply if, in relation to the first workers, the strike

 

or other industrial action in question is an unofficial strike or other unofficial

 

industrial action for the purposes of section 237 of the 1992 Act.

 

(4)    

For the purposes of this section an “employment business” means an employment

 

business as defined by the Employment Agencies Act 1973.

 

(5)    

Breach of the provisions of this section shall be actionable against both the

 

employment business and the hirer for breach of statutory duty.

 

(6)    

For the avoidance of doubt, the duty in subsections (1) and (2) above are owed

 

to—

 

(a)    

any worker who is taking part in the strike or industrial action; and

 

(b)    

any trade union of which such a worker is a member.”

 


 

Angus Robertson

 

Chris Stephens

 

Dr Lisa Cameron

 

Kirsten Oswald

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Jonathan Edwards

 

NC2

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Workplace ballots and ballots by electronic means

 

(1)    

Workplace ballots and balloting by electronic means, shall be permitted in the

 

types of trade union ballots specified in subsection (2) with effect from the

 

commencement date for sections 2 and 3 (Ballot thresholds for industrial action);

 

(2)    

The types of trade union ballots to which subsections (1) and (3) apply are those

 

referred to in Chapters IV (elections for certain positions), V (industrial action),

 

VI (political resolutions) and VII (approval of instruments of amalgamation or

 

transfer).

 

(3)    

In relation to the ballots referred to in subsection (2)—

 

(a)    

the employer shall be under a duty to co-operate generally in connection

 

with the ballot with the union, which shall include not undertaking

 

surveillance of, intercepting or otherwise interfering with any


 
 

Notices of Amendments: 3 November 2015                  

3

 

Trade Union Bill, continued

 
 

communications between the union and its members, and with any

 

person appointed in accordance with section 226B of the Act

 

(Appointment of Scrutineer); and

 

(b)    

every person who is entitled to vote in the ballot shall be permitted to do

 

so without interference or constraint imposed by any employer of the

 

union’s members, or any of its employees or any person its behalf.

 

(4)    

Where in any proceedings an employer claims, or will claim, that a union has

 

failed to comply with any requirement referred to in subsection 226 of the Act

 

(Requirement of ballot before action by trade union), the union will have a

 

complete defence to those proceedings if the employer has failed to comply with

 

any part of its duty under subsection (3)(a) or it, or any of its employees or any

 

person on its behalf, has imposed any interference or constraint of a type referred

 

to in subsection (3)(b).

 

(5)    

In this section—

 

(a)    

“Workplace ballot” means a ballot in which votes may be cast in the

 

workplace by such means as is or are determined by the union. Such

 

means of voting in the workplace determined by the union may, but are

 

not required to, include electronic means; and

 

(b)    

“electronic means” means such electronic means as is or determined by

 

the union and, in each case, where section 226B of the Act (Appointment

 

of Scrutineer) imposes an obligation on the union, is confirmed by the

 

person appointed in accordance with that section, before the opening day

 

of the ballot as meeting the required standard.

 

(6)    

Where electronic means are determined by the union, and, if applicable,

 

confirmed by the person appointed under section 226B of the Act as meeting the

 

required standard as provided for in subsection (5), the means of voting in the

 

ballot shall also include postal voting, or some means of voting in a workplace

 

ballot other than electronic means, where determined by the union and, in a case

 

in which section 226B of the Act imposes an obligation on the union

 

(Appointment of Scrutineer), confirmed by the person appointed in accordance

 

with that section as being reasonably necessary to ensure that the required

 

standard is satisfied.

 

(7)    

For the purpose of subsections (5) and (6), a workplace ballot or means of

 

electronic voting satisfies ‘the required standard’ for the ballot if, so far as

 

reasonably practicable—

 

(a)    

those entitled to vote have an opportunity to do so;

 

(b)    

votes cast are secret; and

 

(c)    

the risk of any unfairness or malpractice is minimised.

 

(8)    

Any provision of the Act shall be disapplied to the extent necessary to give effect

 

to this section.”

 



 
 

Notices of Amendments: 3 November 2015                  

4

 

Trade Union Bill, continued

 
 

Angus Robertson

 

Chris Stephens

 

Dr Lisa Cameron

 

Kirsten Oswald

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Jonathan Edwards

 

NC3

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Statements on Bills affecting Trade Union political funds

 

(1)    

A Minister of the Crown in charge of a Bill in either House of Parliament must,

 

before Second Reading of the Bill, if the Bill contains provisions which are likely

 

to affect the machinery of Trade Union political funds—

 

(a)    

make a statement to the effect that the Bill has been introduced with the

 

agreement of the leaders of all the political parties represented in the

 

House of Commons, or

 

(b)    

make a statement to the effect that the Bill has been introduced without

 

agreement of the leaders of all the political parties represented in the

 

House of Commons as the case may be.

 

(2)    

The statement must be in writing and be published in such manner as the Minister

 

making it considers appropriate.”

 


 

Angus Robertson

 

Chris Stephens

 

Dr Lisa Cameron

 

Kirsten Oswald

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Jonathan Edwards

 

NC4

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Certification Officer

 

For subsections (2) to (4) of section 254 of the 1992 Act substitute—

 

“(2)    

The Certification Officer shall be appointed by the Judicial Appointments

 

Commission, and the person appointed shall have expertise in trade union law.

 

(3)    

There shall be a Certification Officer for Scotland, equal in status to the

 

Certification Officer in subsections (1) and (2) above.

 

(4)    

The Certification Officer for Scotland shall be appointed by the Judicial

 

Appointments Board for Scotland, and the person appointed shall have expertise

 

in trade union law.””

 

 



 
 

Notices of Amendments: 3 November 2015                  

5

 

Trade Union Bill, continued

 
 

Secretary Sajid Javid

 

2

 

Parliamentary Star    

Clause  9,  page  5,  leave out line 16 and insert “the picketing is approved by the union.”

 

Member’s explanatory statement

 

This amendment would make clear that the purpose of the letter from the union, held by picket

 

supervisor, is to confirm that the picketing has been approved by the union. Approval of the

 

picketing would require the union to supervise the picketing in accordance with the requirements

 

inserted by clause 9.

 

Secretary Sajid Javid

 

3

 

Parliamentary Star    

Clause  9,  page  5,  leave out lines 17 to 19 and insert—

 

“(6)    

If an individual who is, or is acting on behalf of, the employer asks the picket

 

supervisor for sight of the approval letter, the picket supervisor must show it to

 

that individual as soon as reasonably practicable.”

 

Member’s explanatory statement

 

This amendment would oblige the picket supervisor to show the approval letter as soon as

 

reasonably practicable if requested to do so, and also specifies that such a request can be made

 

only by the employer or someone acting on the employer’s behalf.

 

Secretary Sajid Javid

 

4

 

Parliamentary Star    

Clause  9,  page  5,  line  27,  leave out “section “picketing”” and insert “section—

 

“approval letter” means the letter referred to in subsection (5);

 

“employer” means the employer to which the trade dispute relates;

 

“picketing””

 

Member’s explanatory statement

 

This amendment inserts definitions of expressions used in amendment 3.

 


 

Mr Douglas Carswell

 

1

 

Clause  10,  page  7,  line  6,  at end insert—

 

“(2A)    

After section 85 of the 1992 Act insert—

 

“85A  

Payment of political funds directly to political parties

 

(1)    

The opt-in notice at section 84 of this Act must include a provision to

 

permit the member of a trade union to direct the trade union to transfer

 

the member’s political fund contributions directly to a UK political party

 

rather than the trade union’s political fund.

 

(2)    

In this section a “UK political party” is a political party that is on the

 

register of political parties in Great Britain and Northern Ireland

 

maintained by the Electoral Commission.

 

(3)    

Where a trade union member indicates that his or her contributions

 

should be transferred directly to a UK political party, the union must

 

make the transfer within 31 days of receipt of the contributions from the

 

member.””

 

Member’s explanatory statement

 

This amendment would empower trade union members to direct their political fund contributions

 

be paid directly to a political party rather than into a union’s political fund.


 
 

Notices of Amendments: 3 November 2015                  

6

 

Trade Union Bill, continued

 
 

 

Order of the House [14 September 2015]

 

That the following provisions shall apply to the Trade Union Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Tuesday 27 October.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on Consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on Consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 


 

 

© Parliamentary copyright
Revised 04 November 2015