Session 2015-16
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Thursday 5 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: 37-44

 

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withdrawn amendments at the end.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.

 


 

NEW CLAUSES

 

Angus Robertson [R]

 

Chris Stephens [R]

 

Dr Lisa Cameron [R]

 

Kirsten Oswald

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Jonathan Edwards

 

NC1

 

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: 5 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 [R]

 

Dr Lisa Cameron [R]

 

Kirsten Oswald

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Jonathan Edwards

 

NC2

 

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)—


 
 

Notices of Amendments: 5 November 2015                  

3

 

Trade Union Bill, continued

 
 

(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

 

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: 5 November 2015                  

4

 

Trade Union Bill, continued

 
 

Angus Robertson [R]

 

Chris Stephens [R]

 

Dr Lisa Cameron [R]

 

Kirsten Oswald

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Jonathan Edwards

 

NC3

 

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 [R]

 

Chris Stephens [R]

 

Dr Lisa Cameron [R]

 

Kirsten Oswald

 

Stewart Hosie

 

Dr Eilidh Whiteford

 

Jonathan Edwards

 

NC4

 

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: 5 November 2015                  

5

 

Trade Union Bill, continued

 
 

Jeremy Corbyn [R]

 

Ms Angela Eagle [R]

 

Ian Murray [R]

 

Ms Rosie Winterton [R]

 

Kevin Brennan [R]

 

NC5

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Voting by electronic means in trade union ballots for industrial action

 

(1)    

Trade union members shall be permitted to vote by electronic means for the

 

purposes of Part V of the 1992 Act (Industrial Action) with effect from the

 

commencement date for sections 2 and 3.

 

(2)    

In this section “electronic means” means such electronic means, including means

 

of secure voting electronically in the workplace, as is, or are determined by the

 

union and, in a case in which section 226B of the 1992 Act (Appointment of

 

Scrutineer) imposes an obligation on the union, confirmed by the person

 

appointed in accordance with that section, before the opening day of the ballot as

 

meeting the required standard.

 

(3)    

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 (2), the means of voting in the

 

ballot shall also include postal voting where determined by the union and, in a

 

case in which section 226B of the 1992 Act (Appointment of Scrutineer) imposes

 

an obligation on the union, confirmed by the person appointed in accordance with

 

that section as being reasonably necessary to ensure that the required standard is

 

satisfied.

 

(4)    

For the purpose of subsections (2) and (3), a 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.

 

(5)    

In relation to the ballots referred to in subsection (1)—

 

(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

 

communications between the union and its members, and with any

 

person appointed in accordance with section 226B of the 1992 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 on its behalf.

 

(6)    

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

 

failed to comply with any requirement referred to in section 226 of the 1992 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 (5)(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 (5)(b).


 
 

Notices of Amendments: 5 November 2015                  

6

 

Trade Union Bill, continued

 
 

(7)    

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

 

to this section.”

 

Member’s explanatory statement

 

The new Clause would permit electronic voting in ballots for industrial action.

 


 

Jeremy Corbyn [R]

 

Ms Angela Eagle [R]

 

Ian Murray [R]

 

Ms Rosie Winterton [R]

 

Kevin Brennan [R]

 

NC6

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Voting by electronic means in trade union ballots

 

(1)    

The provisions in New Clause 5 [Voting by electronic means in trade union

 

ballots for industrial action] apply to ballots and elections for the purposes of

 

Chapters IV (elections for certain positions), VI (political resolutions) and VII

 

(approval of instruments of amalgamation or transfer) of the 1992 Act.

 

(2)    

The electronic means adopted for the purposes of subsection (1) must also be

 

capable of allowing union members to vote in ballots and elections for the

 

purposes of Chapters IV (elections for certain positions), VI (political

 

resolutions) and VII (approval of instruments of amalgamating or transfer) of the

 

1992 Act.”

 

Member’s explanatory statement

 

The new Clause would permit electronic voting in union elections and ballots other than those for

 

industrial action.

 


 

Jeremy Corbyn [R]

 

Ms Angela Eagle [R]

 

Ian Murray [R]

 

Ms Rosie Winterton [R]

 

Kevin Brennan [R]

 

NC7

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Secure workplace ballots for industrial action

 

(1)    

Trade union members shall be permitted to vote in person at their place of work

 

by means of a secure workplace ballot for the purposes of Part V of the 1992 Act

 

(Industrial Action) with effect from the commencement date for sections 2 and 3.

 

(2)    

In this section “secure 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. These

 

may, but are not required to, include electronic means and, in a case in which

 

section 226B of the 1992 Act (Appointment of Scrutineer) imposes an obligation

 

on the union to ensure that the required standard is satisfied, confirmed by the

 

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

 

ballot as meeting the required standard.


 
 

Notices of Amendments: 5 November 2015                  

7

 

Trade Union Bill, continued

 
 

(3)    

For the purpose of subsection (2), a workplace ballot satisfies “the required

 

standard” if, so far as reasonably practicable—

 

(a)    

those entitled to vote have an opportunity to do so;

 

(b)    

those entitled to vote can do so in privacy;

 

(c)    

votes cast are secret; and

 

(d)    

the risk of any unfairness or malpractice is minimised.

 

(4)    

In relation to the ballots referred to in subsection (1)—

 

(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

 

communications between the union and its members, and with any

 

person appointed in accordance with section 226B of the 1992 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.

 

(5)    

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

 

failed to comply with any requirement referred to in section 226 of the 1992 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 (4)(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 (4)(b).

 

(6)    

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

 

to this section.”

 

Member’s explanatory statement

 

The new Clause would permit secure workplace ballots for industrial action. These can involve

 

electronic or non-electronic means.

 

.

 


 

Jeremy Corbyn [R]

 

Ms Angela Eagle [R]

 

Ian Murray [R]

 

Ms Rosie Winterton [R]

 

Kevin Brennan [R]

 

NC8

 

Parliamentary Star - white    

To move the following Clause—

 

         

“Secure workplace balloting and voting for trade union elections and other

 

matters

 

(1)    

The provisions in New Clause 7 [Secure workplace ballots for industrial action]

 

shall apply to ballots and elections for the purposes of Chapters IV (elections for

 

certain positions), VI (political resolutions) and VII (approval of instruments of

 

amalgamation or transfer) of the 1992 Act.

 

(2)    

The arrangements adopted for the purposes of subsection (1) shall allow union

 

members to vote in workplace ballots for the purposes of Chapters IV (elections


 
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