Trade Union Bill

AmendmentS
to be moved
in committee

Clause 3

LORD COLLINS OF HIGHBURY

LORD MENDELSOHN

 

Page 2, line 9, leave out “40%” and insert “20%”

BARONESS MORGAN OF ELY

LORD HAIN

 

Page 2, line 21, at end insert—

“(2EA)   Regulations under subsection (2D) may not specify services that fall
within any of the following categories—

(a)   health services provided in Wales;

(b)   education provided in Wales for those aged under 17;

(c)   fire services in Wales; and

(d)   transport services in Wales falling within paragraph 10 of
Schedule 7 to the Government of Wales Act 2006 (highways
and transport).”

LORD COLLINS OF HIGHBURY

LORD MENDELSOHN

 

Page 2, line 24, at end insert—

“(2G)    Prior to any ballot taking place under this section, the independent
scrutineer must approve the voting method used and in doing so,
may seek advice from the Central Arbitration Committee (“CAC”).

(2H)    The following methods of balloting can be used—

(a)   voting by electronic means,

(b)   workplace ballot, or

(c)   postal balloting.

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

(a)   the employer shall be under a general duty to cooperate
with the union in connection with the ballot, which shall
include not undertaking surveillance of, intercepting or
otherwise interfering with any communication between the
union and its members, or 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 constraints
imposed by any employer on the union’s members, any of
its employees, or any person on its behalf.

(2J)    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;
and

“workplace ballot” means a ballot in which votes may be cast
by such means, as is, or are, determined by the union and
which it reasonably believes meet the required standard,
including electronic means, and, in a case in which section
226B of the 1992 Act (appointment of scrutineer) imposes an
obligation on the union, are confirmed by the person
appointed in accordance with that section, before the
opening day of the ballot as meeting that standard.””

Clause 12

BARONESS MORGAN OF ELY

LORD HAIN

 

Page 8, line 13, after “authority” insert “other than a Welsh devolved public
authority”

After Clause 13

BARONESS MORGAN OF ELY

LORD HAIN

 

Insert the following new Clause—

“Welsh devolved public authorities

After section 172B of the 1992 Act (inserted by section 13 above) insert—

“172C           Welsh devolved public authorities

(1)     For the purposes of this Act, each of the following is a “Welsh
devolved public authority”—

(a)   the Welsh Ministers;

(b)   the National Assembly for Wales commission;

(c)   any county council or county borough council in Wales;

(d)   any Local Health Board established under the National
Health Service (Wales) Act 2006;

(e)   any NHS Trust established under that Act;

(f)   any National Park authority for a National Park in Wales;

(g)   any Welsh fire and rescue authority;

(h)   the Natural Resources Body for Wales;

(i)   the Higher Education Funding Council for Wales;

(j)   Social Care Wales;

(k)   the Auditor General for Wales;

(l)   the Wales Audit Office;

(m)   the Public Services Ombudsman for Wales;

(n)   the Future Generations Commissioner for Wales;

(o)   the Arts Council of Wales;

(p)   the Sports Council for Wales;

(q)   the National Library of Wales;

(r)   the National Museum of Wales.

(2)     A Minister of the Crown may, by regulations, amend subsection (1)
by—

(a)   adding a person;

(b)   removing a person; or

(c)   amending the description of a person.

(3)     The regulations may only add a person under subsection (1) if that
person exercises functions of a public nature.

(4)     Regulations under subsection (2) shall be made by statutory
instrument.

(5)     A statutory instrument containing regulations under subsection (2)
may not be made unless a draft of the instrument has been—

(a)   laid before, and approved by a resolution of, each House of
Parliament; and

(b)   laid before the National Assembly for Wales and approved
by a resolution of the Assembly.””

Clause 14

BARONESS MORGAN OF ELY

LORD HAIN

 

Page 11, line 19, at end insert—

“(3A)    Regulations under this section may not specify a Welsh devolved
public authority.”

Schedule 4

BARONESS MORGAN OF ELY

LORD HAIN

 

Page 31, line 25, at end insert—

  ““Welsh devolved public authority section 172C””

 

Prepared 3rd February 2016