Session 2015-16
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Monday 25 April 2016

 

New Amendments handed in are marked thus Parliamentary Star

 

Amendments tabled since the last publication: LAs 2(a) and (b), 17 (a) to (c), 8 (a) to (j)

 

Consideration of Lords Amendments


 

Trade Union Bill


 

On Consideration of Lords Amendments to the Trade Union Bill

 


 

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withdrawn amendments at the end.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.

 


 

Lords Amendment No. 2

 

As Amendments to the Lords Amendment:—

 

Secretary Sajid Javid

 

(a)

 

Parliamentary Star    

Line  12,  leave out from “Parliament” to end of line 13 and insert “his or her

 

response to it”

 


 
 

Notices of Amendments: 25 April 2016                  

2

 

Trade Union Bill, continued

 
 

Secretary Sajid Javid

 

(b)

 

Parliamentary Star    

Line  14,  leave out “strategy” and insert “response”

 

 


 

Lords Amendment No. 17

 

Secretary Sajid Javid

 

To move, That this House disagrees with the Lords in their Amendment.

 

Secretary Sajid Javid

 

To move the following Amendment to the words so restored to the Bill:—

 

Secretary Sajid Javid

 

(a)

 

Parliamentary Star    

Page  9,  leave out lines 30 to 32 and insert—

 

“(1)    

After the end of the period of three years beginning with the day on which the first

 

regulations under section 172A come into force, a Minister of the Crown may

 

exercise the reserve powers (see subsection (2)) if the Minister considers it

 

appropriate to do so having regard to—

 

(a)    

information published by employers in accordance with publication

 

requirements;

 

(b)    

the cost to public funds of facility time in relation to each of those

 

employers;

 

(c)    

the nature of the various undertakings carried on by those employers;

 

(d)    

any particular features of those undertakings that are relevant to the

 

reasonableness of the amount of facility time;

 

(e)    

any other matters that the Minister thinks relevant.

 

(1A)    

The reserve powers may not be exercised so as to apply to any particular

 

employer unless—

 

(a)    

a Minister of the Crown has given notice in writing to the employer—

 

(i)    

setting out the Minister’s concerns about the amount of facility

 

time in the employer’s case, and

 

(ii)    

informing the employer that the Minister is considering

 

exercising the reserve powers in relation to that employer;

 

(b)    

the employer has had a reasonable opportunity to respond to the notice

 

under paragraph (a) and to take any action that may be appropriate in

 

view of the concerns set out in it;

 

    

and the powers may not be exercised until after the end of the period of 12 months

 

beginning with the day on which the notice under paragraph (a) was given.”

 


 
 

Notices of Amendments: 25 April 2016                  

3

 

Trade Union Bill, continued

 
 

Secretary Sajid Javid

 

(b)

 

Parliamentary Star    

Page  9,  line  37,  leave out from “for” to “that” in line 43 and insert “the

 

purpose of ensuring”

 

 

Secretary Sajid Javid

 

(c)

 

Parliamentary Star    

Page  10,  line  25,  at end insert—

 

“( )    

The regulations may confer power on a Minister of the Crown, by notice in

 

writing to a particular employer, to suspend the application of the regulations to

 

that employer for such period and to such extent as the Minister may specify in

 

the notice.”

 

 


 

Lords Amendment No. 7

 

Secretary Sajid Javid

 

To move, That this House disagrees with the Lords in their Amendment.

 

 


 

Lords Amendment No. 8

 

Secretary Sajid Javid

 

To move, That this House disagrees with the Lords in their Amendment.

 

Secretary Sajid Javid

 

To move the following Amendments to the Bill in lieu of the Lords Amendments Nos. 7

 

and 8:—

 

Secretary Sajid Javid

 

(a)

 

Parliamentary Star    

Page  6,  line  9,  leave out “has been” and insert “is”

 

Secretary Sajid Javid

 

(b)

 

Parliamentary Star    

Page  6,  line  11,  leave out “ending” and insert “starting”


 
 

Notices of Amendments: 25 April 2016                  

4

 

Trade Union Bill, continued

 
 

Secretary Sajid Javid

 

(c)

 

Parliamentary Star    

Page  6,  leave out lines 14 to 21 and insert—

 

“(3)    

The first renewal date is the first date falling more than five years after the

 

commencement date on which a political resolution is passed on a ballot held by

 

the union.

 

(4)    

Each subsequent renewal date is the date on which each subsequent political

 

resolution is passed on a ballot held by the union.”

 

Secretary Sajid Javid

 

(d)

 

Parliamentary Star    

Page  6,  leave out lines 27 to 31 and insert—

 

“(7)    

A member of a trade union may give an opt-in notice, a renewal notice or a

 

withdrawal notice—

 

(a)    

by delivering it (either personally or by an authorised agent or by post) at

 

the head office or a branch office of the union;

 

(b)    

by sending it by e-mail to an address that the union has told its members

 

can be used for sending such notices;

 

(c)    

by completing an electronic form provided by the union which sets out

 

the notice, and sending it to the union by electronic means in accordance

 

with instructions given by the union; or

 

(d)    

by such other electronic means as may be prescribed.”

 

Secretary Sajid Javid

 

(e)

 

Parliamentary Star    

Page  6,  line  36,  at end insert—

 

“( )    

After that section insert—

 

“84A  

Information to members about contributing to political fund

 

(1)    

A trade union shall take all reasonable steps to secure that, not later than the end

 

of the period of eight weeks beginning with the day on which the annual return of

 

the union is sent to the Certification Officer, all the members of the union are

 

notified of their right to give a withdrawal notice under section 84(5).

 

(2)    

The notification may be given —

 

(a)    

by sending individual copies of it to members; or

 

(b)    

by any other means (whether by including the notification in a

 

publication of the union or otherwise) which it is the practice of the union

 

to use when information of general interest to all its members needs to be

 

provided to them;

 

    

and, in particular, the notification may be included with the statement required to

 

be given by section 32A.

 

(3)    

A trade union shall send to the Certification Officer a copy of the notification

 

which is provided to its members in pursuance of this section as soon as is

 

reasonably practicable after it is so provided.

 

(4)    

Where the same form of notification is not provided to all the members of a trade

 

union, the union shall send to the Certification Officer in accordance with

 

subsection (3) a copy of each form of notification provided to any of them.

 

(5)    

Where the Certification Officer is satisfied that a trade union has failed to comply

 

with a requirement of this section, the Officer may make such order for

 

remedying the failure as he thinks just under the circumstances.

 

(6)    

Before deciding the matter the Certification Officer—

 

(a)    

may make such enquiries as the Officer thinks fit;


 
 

Notices of Amendments: 25 April 2016                  

5

 

Trade Union Bill, continued

 
 

(b)    

must give the union, and any member of the union who made a complaint

 

to the Officer regarding the matter, an opportunity to make written

 

representations; and

 

(c)    

may give the union, and any such member as is mentioned in paragraph

 

(b), an opportunity to make oral representations.””

 

Secretary Sajid Javid

 

(f)

 

Parliamentary Star    

Page  7,  line  6,  at end insert—

 

“( )    

In section 82 of the 1992 Act (rules as to political fund), in subsection (1), for the

 

word “and” at the end of paragraph (c) substitute—

 

“(ca)    

that, if the union has a political fund, any form (including an

 

electronic form) that a person has to complete in order to become

 

a member of the union shall include—

 

(i)    

a statement to the effect that the person may opt to be a

 

contributor to the fund, and

 

(ii)    

a statement setting out the effect of paragraph (c); and”

 

Secretary Sajid Javid

 

(g)

 

Parliamentary Star    

Page  7,  line  11,  leave out “three” and “12”

 

Secretary Sajid Javid

 

(h)

 

Parliamentary Star    

Page  7,  line  15,  leave out subsection (5) and insert—

 

“(5)    

If during the transitional period the member gives an exemption notice as

 

mentioned in subsection (1) of existing section 84—

 

(a)    

the exemption notice has effect in accordance with subsection (4) of

 

existing section 84; but

 

(b)    

where the 1st January next after the exemption notice is given falls after

 

the end of the exemption period, subsection (4)(b) of existing section 84

 

has effect with the substitution of “the date on which” for “the 1st January

 

next after”.

 

    

In this subsection “existing section 84” means section 84 of the 1992 Act as it had

 

effect immediately before the commencement date.”

 

Secretary Sajid Javid

 

(i)

 

Parliamentary Star    

Page  26,  line  27,  at end insert—

 

“( )    

section 84A(5) (order on failure by union to provide required

 

information to members about contributing to political fund);”

 

Secretary Sajid Javid

 

(j)

 

Parliamentary Star    

Page  30,  line  12,  leave out paragraph 7

 

 


 

 

Revised 26 April 2016