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639

 

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Wednesday 27 April 2016

 

Proceedings

 

on Consideration of Lords Amendments

 

Trade Union Bill


 

On Consideration of Lords Amendments to the Trade Union Bill

 

Lords Amendment No. 2

 

As Amendments to the Lords Amendment:—

 

Secretary Sajid Javid

 

Agreed to on division  (a)

 

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

 

response to it”

 

 

Secretary Sajid Javid

 

Agreed to  (b)

 

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

 

 


 

Lords Amendment No. 17

 

Secretary Sajid Javid                                                                                      

Agreed to on division

 

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


 
 

Proceedings on Consideration of Lords Amendments: 27 April 2016 

640

 

Trade Union Bill, continued

 
 

Secretary Sajid Javid

 

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

 

Secretary Sajid Javid

 

Agreed to  (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.”

 

 

Secretary Sajid Javid

 

Agreed to  (b)

 

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

 

purpose of ensuring”

 

 

Secretary Sajid Javid

 

Agreed to  (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.”

 


 
 

Proceedings on Consideration of Lords Amendments: 27 April 2016 

641

 

Trade Union Bill, continued

 
 

Lords Amendment Disagreed to.

 


 

Lords Amendments 1 and 3 to 6 Agreed to.

 

Lords Amendment No. 7

 

Secretary Sajid Javid                                                                                      

Agreed to

 

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

 

 

Lords Amendment Disagreed to.

 


 

Lords Amendment No. 8

 

Secretary Sajid Javid                                                                                      

Agreed to

 

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

 

Agreed to  (k)

 

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).

 

(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;


 
 

Proceedings on Consideration of Lords Amendments: 27 April 2016 

642

 

Trade Union Bill, continued

 
 

(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

 

Agreed to  (l)

 

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;

 

(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.”


 
 

Proceedings on Consideration of Lords Amendments: 27 April 2016 

643

 

Trade Union Bill, continued

 
 

Secretary Sajid Javid

 

Agreed to  (m)

 

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

 

Agreed to  (n)

 

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

 

Agreed to  (o)

 

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

 

Agreed to  (p)

 

Page  30,  line  12,  leave out paragraph 7

 

 

Lords Amendment Disagreed to.

 

Lords Amendments 9 to 16 and 18 to 29 Agreed to.

 


 

 

Revised 27 April 2016