Session 2015-16
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1

 

House of Commons

 
 

Wednesday 27 April 2016

 

Consideration of Lords Amendments

 

New Amendments handed in are marked thus Parliamentary Star

 

Amendments tabled since the last publication: LAs 7 and 8 (k) to (p)

 

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withdrawn amendments at the end.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

 

accordance with the Trade Union Bill Programme (No. 3) Motion to be proposed by

 

Secretary Sajid Javid.

 


 

Lords Amendment No. 2

 

As Amendments to the Lords Amendment:—

 

Secretary Sajid Javid

 

(a)

 

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

 

response to it”

 


 
 

Consideration of Lords Amendments: 27 April 2016          

2

 

Trade Union Bill, continued

 
 

Secretary Sajid Javid

 

(b)

 

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)

 

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.”

 


 
 

Consideration of Lords Amendments: 27 April 2016          

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Trade Union Bill, continued

 
 

Secretary Sajid Javid

 

(b)

 

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

 

purpose of ensuring”

 

 

Secretary Sajid Javid

 

(c)

 

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

 

(k)

 

Parliamentary Star    

Page  5,  line  40,  leave out from beginning to end of line 36 on page 6 and insert—

 

“(1)    

It is unlawful to require a member of a trade union to make a contribution to the

 

political fund of a trade union if—

 

(a)    

the member has not given to the union notice of the member’s

 

willingness to contribute to that fund (an “opt-in notice”); or

 

(b)    

an opt-in notice given by the member has been withdrawn in accordance

 

with subsection (2).


 
 

Consideration of Lords Amendments: 27 April 2016          

4

 

Trade Union Bill, continued

 
 

(2)    

A member of a trade union who has given an opt-in notice may withdraw that

 

notice by giving notice to the union (a “withdrawal notice”).

 

(3)    

A withdrawal notice takes effect at the end of the period of one month beginning

 

with the day on which it is given.

 

(4)    

A member of a trade union may give an opt-in 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.

 

(5)    

In this Act “contributor”, in relation to the political fund of a trade union, means

 

a member who has given to the union an opt-in notice that has not been

 

withdrawn.””

 

Secretary Sajid Javid

 

(l)

 

Parliamentary Star    

Page  6,  line  36,  at end insert—

 

“(1A)    

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(2).

 

(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;


 
 

Consideration of Lords Amendments: 27 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

 

(m)

 

Parliamentary Star    

Page  7,  line  6,  at end insert—

 

“(2A)    

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

 

(n)

 

Parliamentary Star    

Page  7,  line  7,  leave out subsections (3) to (5) and insert—

 

“(3)    

The amendments made by subsections (1) to (2A) apply only after the end of the

 

transition period, and only to a person—

 

(a)    

who after the end of that period joins a trade union that has a political

 

fund, or

 

(b)    

who is a member of a trade union that has a political fund but did not have

 

one immediately before the end of that period.

 

(4)    

In subsection (3) “the transition period” means a period of not less than 12

 

months, starting on the day on which this section comes into force, specified by

 

the Secretary of State in regulations made by statutory instrument.

 

(5)    

Before making regulations under subsection (4) the Secretary of State must

 

consult—

 

(a)    

the Certification Officer, and

 

(b)    

all trade unions that have a political fund.

 

(6)    

A statutory instrument containing regulations under subsection (4) may not be

 

made unless a draft of the instrument has been laid before, and approved by a

 

resolution of, each House of Parliament.”

 

Secretary Sajid Javid

 

(o)

 

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

 

(p)

 

Parliamentary Star    

Page  30,  line  12,  leave out paragraph 7

 

 


 
 

Consideration of Lords Amendments: 27 April 2016          

6

 

Trade Union Bill, continued

 
 

Trade Union BILL Programme (No. 3)

 

Secretary Sajid Javid

 

That the following provisions shall apply to the Trade Union Bill for the purpose of

 

supplementing the Orders of 14 September 2015 (Trade Union Bill (Programme)) and 10

 

November 2015 (Trade Union Bill (Programme) (No. 2)):

 

Consideration of Lords Amendments

 

1.    

Proceedings on consideration of Lords Amendments shall (so far as not

 

previously concluded) be brought to a conclusion three hours after their

 

commencement at today’s sitting.

 

2.    

The proceedings shall be taken in the order shown in the first column of the

 

following Table.

 

3.    

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

 

conclusion at the times specified in the second column of the Table.

 

          TABLE

 

Lords Amendments

Time for conclusion of proceedings

 
 

Nos. 2 and 17

Ninety minutes after the

 
  

commencement of proceedings on

 
  

consideration of Lords Amendments

 
 

Nos. 1, 3 to 16 and 18 to 29

Three hours after the commencement

 
  

of proceedings on consideration of

 
  

Lords Amendments

 
 

Subsequent stages

 

4.    

Any further Message from the Lords may be considered forthwith without

 

any Question being put.

 

5.    

The proceedings on any further Message from the Lords shall (so far as not

 

previously concluded) be brought to a conclusion one hour after their

 

commencement.

 

 

NOTICES WITHDRAWN

 

The following Notices were withdrawn on 26 April 2016:

 

Amendments to the Bill in lieu of Lords Amendments Nos. 7 and 8 (a) to (j)

 


 

 

Revised 26 April 2016