Trade Union Bill

marshalled
list of AmendmentS
to be moved
in committee

The amendments have been marshalled in accordance with the Instruction of 3rd February 2016, as follows—

Clauses 1 to 15
Schedules 1 and 2
Clauses 16 and 17
Schedule 3
Clauses 18 and 19
Schedule 4
Clauses 20 to 23
Title

[Amendments marked * are new or have been altered]

Clause 2

LORD KERSLAKE

LORD MONKS

LORD OATES

1

Page 1, line 14, at end insert—

“(3)     Subsection (1) shall not come into force until—

(a)   an independent report is published, and laid before each House of
Parliament, which has been prepared by the Central Arbitration
Committee in consultation with qualified independent persons, on
the delivery of secure methods of electronic, postal and workplace
balloting for the purpose of ballots held under section 226 of the
1992 Act, and

(b)   the Secretary of State has considered the report and published, and
laid before each House of Parliament, a verification strategy for the
rollout of secure electronic, workplace and postal balloting
methods for the purpose of ballots held under section 226 of the
1992 Act.

(4)     The Secretary of State must publish and lay before each House of
Parliament the strategy provided for by subsection (3)(b) no later than two
months after the date on which this Act is passed.

(5)     The report provided for by subsection (3)(a) must include—

(a)   an analysis of different methods of authentication that can be used
to enable voters to cast their electronic votes such as single use
security codes, personal identification information or membership
affiliation information;

(b)   an assessment of the ability of electronic voting systems to identify
that the information being provided to authenticate the voter is the
information required to enable a vote to be cast and recorded in that
particular ballot and that the information is unique to the voter;

(c)   an assessment of the ability of trade unions appropriately to secure
means of distribution required for the delivery of electronic voting
information to maintain the security and integrity of any ballot;

(d)   a cost benefit analysis of the risks involved in methods of
distribution such as email, post, text messaging and face-to-face
methods;

(e)   an assessment of existing recognised industry standards for online
voting systems; and

(f)   analysis of the role of third party administrators and the benefits of
using rigorous quality assurance procedures and processes for
delivering electronic voting.

(6)     The verification strategy provided for by subsection (3)(b) must include an
assessment of how alternative, secure, methods of balloting will impact
voter turnout.

(7)     For the purpose of preparing the strategy, the Secretary of State must
consult relevant organisations including professionals from expert
associations to seek their advice and recommendations.”

Clause 3

LORD WALLACE OF SALTAIRE

2

Page 2, line 3, leave out “the majority voting” and insert “at least 35% of those
voting”

LORD MENDELSOHN

LORD COLLINS OF HIGHBURY

3

Page 2, line 5, after “engaged” insert “solely”

LORD LEIGH OF HURLEY

4

Page 2, line 6, leave out “important”

LORD MENDELSOHN

LORD COLLINS OF HIGHBURY

5

Page 2, line 6, leave out “important” and insert “essential”

LORD MENDELSOHN

LORD COLLINS OF HIGHBURY

BARONESS NEVILLE-ROLFE

6

Page 2, line 6, leave out from “services” to end of line 8

LORD LEIGH OF HURLEY

7

Page 2, line 7, leave out “important”

LORD COLLINS OF HIGHBURY

LORD MENDELSOHN

8

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

LORD WALLACE OF SALTAIRE

9

Page 2, line 9, leave out “40%” and insert “25%”

LORD MENDELSOHN

LORD COLLINS OF HIGHBURY

10

Page 2, leave out lines 11 and 12 and insert—

“(2D)    In subsection (2B) “essential public services” means those services
the interruption of which would endanger the life, personal safety
or health of the whole or part of the population.”

LORD LEIGH OF HURLEY

11

Page 2, line 11, leave out “important”

LORD MENDELSOHN

LORD COLLINS OF HIGHBURY

12

Page 2, line 11, leave out from “services” to end of line 12 and insert “means such
services the interruption of which would endanger the life, personal safety or
health of the whole or part of the population, as specified by the Secretary of State
by regulations made by statutory instrument.”

13

Page 2, leave out lines 13 to 21

LORD LEIGH OF HURLEY

14

Page 2, line 13, leave out “only” and insert “any”

15

Page 2, line 13, leave out from “services” to end of line 21 and insert “the running
of which affects the public.”

BARONESS MORGAN OF ELY

LORD HAIN

LORD WIGLEY

BARONESS RANDERSON

16

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).”

BARONESS MORGAN OF ELY

LORD HAIN

LORD FOULKES OF CUMNOCK

LORD PURVIS OF TWEED

17

Page 2, line 24, at end insert—

“(2G)    None of the provisions of this section shall apply to services the
provision of which is devolved wholly or partially to the Scottish
Government, Welsh Government or Northern Ireland Executive.”

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

LORD COLLINS OF HIGHBURY

18

Page 2, line 24, at end insert—

“(2G)    The power to make regulations under subsection (2D) ceases to
have effect after the first such regulations have been approved by
each House of Parliament.”

LORD COLLINS OF HIGHBURY

LORD MENDELSOHN

BARONESS PROSSER

19

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.””

LORD KERSLAKE

LORD MONKS

LORD OATES

20

Page 2, line 28, at end insert—

“(4)     Subsections (1) and (2) shall not come into force until—

(a)   an independent report is published, and laid before each House of
Parliament, which has been prepared by the Central Arbitration
Committee in consultation with qualified independent persons, on
the delivery of secure methods of electronic, postal and workplace
balloting for the purpose of ballots held under section 226 of the
1992 Act, and

(b)   the Secretary of State has considered the report and published, and
laid before each House of Parliament, a verification strategy for the
rollout of secure electronic, workplace and postal balloting
methods for the purpose of ballots held under section 226 of the
1992 Act.

(5)     The Secretary of State must publish and lay before each House of
Parliament the strategy provided for by subsection (4)(b) no later than two
months after the date on which this Act is passed.

(6)     The report provided for by subsection (4)(a) must include—

(a)   an analysis of different methods of authentication that can be used
to enable voters to cast their electronic votes such as single use
security codes, personal identification information or membership
affiliation information;

(b)   an assessment of the ability of electronic voting systems to identify
that the information being provided to authenticate the voter is the
information required to enable a vote to be cast and recorded in that
particular ballot and that the information is unique to the voter;

(c)   an assessment of the ability of trade unions appropriately to secure
means of distribution required for the delivery of electronic voting
information to maintain the security and integrity of any ballot;

(d)   a cost benefit analysis of the risks involved in methods of
distribution such as email, post, text messaging and face-to-face
methods;

(e)   an assessment of existing recognised industry standards for online
voting systems; and

(f)   analysis of the role of third party administrators and the benefits of
using rigorous quality assurance procedures and processes for
delivering electronic voting.

(7)     The verification strategy provided for by subsection (4)(b) must include an
assessment of how alternative, secure, methods of balloting will impact
voter turnout.

(8)     For the purpose of preparing the strategy, the Secretary of State must
consult relevant organisations including professionals from expert
associations to seek their advice and recommendations.”

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

LORD OATES

LORD COLLINS OF HIGHBURY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 3
stand part of the Bill.

After Clause 3

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

LORD COLLINS OF HIGHBURY

21

Insert the following new Clause—

“Voting procedures in trade union ballots

(1)     For the purposes of Part V of the 1992 Act, trade union members shall be
permitted to vote—

(a)   by electronic means, or

(b)   via a ballot taking place at their place of work,

with effect from the coming into force of sections 2 and 3.

(2)     In this section “electronic means” means such electronic means, including
means of secure voting electronically in the workplace, as 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, are
confirmed by the person appointed in accordance with that section, before
the opening day of the ballot, as meeting the required standard.

(3)     In this section “a ballot taking place at their place of work” means the
provision of paper ballots to be completed and returned to a designated
point within a workplace by those union members entitled to vote in the
ballot, following a process determined by the union and, in a case in which
section 226B of the 1992 Act 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.

(4)     Where a union determines to conduct a ballot by the mechanisms set out in
subsection (1)(a) or (b) and, if applicable, as confirmed by the person
appointed under section 226B of the 1992 Act as meeting the required
standard as provided for in subsection (2) or (3), the means of voting in the
ballot shall also include postal voting if so determined by the union and, in
a case in which section 226B of the 1992 Act 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.

(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, or
with any person appointed in accordance with section 226B of the
1992 Act; 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 that employer’s
employees or any person on its behalf.

(6)     Where in any proceedings an employer claims that a union has failed to
comply with any requirement 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).

(7)     In section 230 of the 1992 Act, omit subsection (2).

(8)     In the 1992 Act, after section 233 (calling of industrial action with support
of ballot) insert—

“233A            Definition of voting paper

(none)   For the purposes of this Part “voting paper” may include an
electronic voting paper.””

LORD BALFE

LORD DYKES

22

Insert the following new Clause—

“Ballots: electronic voting

Ballots: electronic voting

(1)     The 1992 Act is amended as follows.

(2)     In section 230(2) (conduct of ballot), after “must” insert “either be registered
to vote by way of an electronic ballot, or”.

(3)     At the end of section 230(2A)(b) insert “, or

(c)   it will be convenient for him to vote by way of an electronic
ballot while on the ship or while at a place where the ship
is.”

(4)     In subsection 230(2B)(a) for “and” substitute “or”.

(5)     In subsection 230(2B)(a), after “is,” insert “or be registered to vote while on
the ship, or while at a place where the ship is, by way of an electronic
ballot,”.

(6)     After section 230 insert—

“230A            Ballots: electronic voting

(1)     A trade union may use electronic voting for the purpose of a ballot
under section 226 of this Act, subject to the agreement of the
Certification Officer.

(2)     The electronic voting system must be—

(a)   designed by an organisation which is independent from the
trade union, and

(b)   approved by the Electoral Commission.””

Clause 4

LORD MENDELSOHN

LORD COLLINS OF HIGHBURY

23

Page 2, line 32, leave out from “must” to end of line 34 and insert “state the trade
dispute to which the proposed industrial action relates”

24

Page 2, line 32, leave out from “a” to first “the” in line 33 and insert “description of”

25

Page 2, leave out lines 35 to 38

26

Page 2, leave out lines 39 to 41

27

Page 2, line 41, at end insert—

“(2E)    Subsections (2B) to (2D) do not apply to any ballot where there is an
agreement between the employer and trade union on what
information the union shall include on the ballot paper.”

28

Page 2, line 41, at end insert—

“(2E)    The voting paper shall be submitted to the independent scrutineer
who shall evaluate the wording of the paper.

(2F)    Once the independent scrutineer has approved the wording of the
voting paper it may not be challenged by the employer.”

Clause 5

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

29*

Page 3, line 6, leave out “were entitled to vote in the ballot” and insert “according
to the trade union’s reasonable belief were employed by the employer in a trade
dispute, and who the union reasonably believed would be induced to take part in
the industrial action”

30*

Page 3, line 16, leave out “were entitled to vote in the ballot” and insert “according
to the trade union’s reasonable belief were employed by the employer in a trade
dispute, and who the union reasonably believed would be induced to take part in
the industrial action”

31*

Page 3, line 20, leave out “entitled to vote in the ballot” and insert “sent a ballot
paper in accordance with section 230(2) of the 1992 Act”

LORD MENDELSOHN

LORD COLLINS OF HIGHBURY

32

Page 3, line 21, at end insert—

“( )     The union shall take such steps as are reasonably necessary to
ensure that all persons entitled to vote in the ballot are reasonably
informed of the result of the ballot.”

Clause 6

LORD COLLINS OF HIGHBURY

LORD MENDELSOHN

 

The above-named Lords give notice of their intention to oppose the Question that Clause 6
stand part of the Bill.

Clause 7

BARONESS DONAGHY

33

Page 4, line 4, at end insert—

“( )     At the end of section 234A(4)(b) of the 1992 Act (notice to employers of
industrial action) insert—

    “, unless the employer and union have reached an agreement in
respect of the industrial action, in which case the appropriate
period is the period ending with the seventh day before the day, or
before the first of the days, specified in the relevant notice.””

LORD MENDELSOHN

LORD COLLINS OF HIGHBURY

34

Page 4, line 4, at end insert—

“( )     Where the trade union indicates the period or periods within which the
industrial action is expected to take place under section 4 of this Act, this
shall be taken as giving notice for the purposes of this section.”

Clause 8

LORD MENDELSOHN

LORD COLLINS OF HIGHBURY

35

Page 4, line 14, leave out “four” and insert “twelve”

36

Page 4, line 15, leave out “date of the ballot” and insert “last day of voting in the
ballot”

37*

Page 4, line 15, leave out “date of the ballot” and insert “the date the result of the
ballot is announced”

38

Page 4, line 15, at end insert—

“( )     The period mentioned in subsection (1) may be renewed every
three months where the employer and union have a mutual
agreement to that effect.”

39

Page 4, line 19, at end insert—

“( )     Subsection (1) and paragraphs 12 and 13 of Schedule 4 do not apply
to any industrial action where the employer and union come to an
agreement on the period after which the ballot shall cease to be
effective.”

40

Page 4, line 19, at end insert—

“( )     Where a trade union indicates that the period or periods within
which the industrial action is expected to take place is longer than
four months, in accordance with the provisions of section 229 of this
Act (voting paper), subsection (1) of this section and paragraphs 12
and 13 of Schedule 4 to the Trade Union Act 2016 do not apply.”

Clause 9

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

41

Page 4, leave out lines 36 to 38 and insert—

“(1)     In order to facilitate a picket under section 220, a trade union may
choose to take the actions specified in subsections (2) to (8).

(1A)    Failure to take actions specified in subsections (2) to (8) does not
make any picket conducted under section 220 unlawful.”

LORD MENDELSOHN

LORD COLLINS OF HIGHBURY

42

Page 4, line 37, leave out “, or encourages its members to take part in,”

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

43

Page 4, line 39, leave out “must” and insert “may”

44

Page 5, line 1, leave out “must” and insert “may”

LORD MENDELSOHN

LORD COLLINS OF HIGHBURY

45

Page 5, line 2, leave out from “union” to end of line 3

LORD COLLINS OF HIGHBURY

46

Page 5, leave out lines 4 to 8

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

47

Page 5, line 4, leave out “must” and insert “may”

LORD COLLINS OF HIGHBURY

LORD MENDELSOHN

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

48*

Page 5, leave out lines 11 to 13

LORD COLLINS OF HIGHBURY

49

Page 5, leave out lines 11 to 13 and insert—

“(6)     The picket supervisor’s name is not required to be stated in the
letter of authorisation under subsection (5).

(6A)    Entitlement to see the letter of authorisation under subsection (5)
lies only with the relevant employer or agent.”

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

50

Page 5, line 13, leave out “must” and insert “may”

LORD MENDELSOHN

LORD COLLINS OF HIGHBURY

51

Page 5, leave out lines 14 to 17

52

Page 5, leave out lines 14 to 17 and insert—

“(7)     A picket supervisor must take reasonable steps to be contactable by
the union and the police, and be able to attend in person given
reasonable notice.”

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

53

Page 5, line 14, leave out “must” and insert “may”

LORD MENDELSOHN

LORD COLLINS OF HIGHBURY

54

Page 5, leave out lines 18 to 20

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

55

Page 5, line 19, leave out “must” and insert “may”

56

Page 5, line 20, at end insert—

“( )     Subsections (2) to (8) may be referred to as “the Voluntary Code”.”

LORD MENDELSOHN

LORD COLLINS OF HIGHBURY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 9
stand part of the Bill.

Clause 10

LORD COLLINS OF HIGHBURY

LORD MENDELSOHN

57

Page 6, line 1, leave out “in writing”

58

Page 6, line 4, leave out “has expired under subsection (2) or”

59

Page 6, line 6, at end insert—

“(1A)    Subsection (1) only extends to new applicants for membership of
the relevant union.”

60

Page 6, leave out lines 7 to 13

61

Page 6, line 16, leave out “five” and insert “ten”

62

Page 6, line 18, leave out “five” and insert “ten”

63

Page 6, line 21, leave out “five” and insert “ten”

64

Page 6, line 31, at end insert “or by paper or electronic means”

LORD CAMPBELL-SAVOURS

65

Page 6, line 44, at end insert—

“(1A)    A trade union must make available to a member who has given an
opt-in notice under section 84 (contributions to political fund from
members of the union) a form enabling that member to claim tax
relief on their contribution to the union’s political fund.

(1B)    Any member who fills out and returns a form under subsection
(1A) to a trade union shall be granted tax relief on his or her
contribution to the union’s political fund.”

LORD COLLINS OF HIGHBURY

LORD MENDELSOHN

66

Page 7, line 11, leave out “three months” and insert “five years”

BARONESS MORGAN OF ELY

LORD HAIN

LORD FOULKES OF CUMNOCK

LORD PURVIS OF TWEED

67

Page 7, line 19, at end insert—

“( )     None of the provisions of sections 84 and 85 of the 1992 Act shall apply to
public sector employees in sectors or providing services which are wholly
or partially devolved to the Scottish Government, Welsh Government or
Northern Ireland Executive.”

LORD MONKS

LORD COLLINS OF HIGHBURY

68*

Leave out Clause 10 and insert the following new Clause—

“Code of practice: union members contributing to political fund

In section 84 of the 1992 Act (notice of objection to contributing to political
fund), after subsection (1) insert—

“(1A)    A voluntary code of practice must be agreed between a union and
its members that provides for members to be regularly advised of
their rights to opt-out of making a contribution to a union’s political
fund.

(1B)    This can include but is not limited to—

(a)   notices sent to members via emails, texts and letters;

(b)   notices on the relevant union’s website; and

(c)   telephone campaigns held by the union to inform members
of their right to opt-out.””

LORD COLLINS OF HIGHBURY

LORD MENDELSOHN

 

The above-named Lords give notice of their intention to oppose the Question that Clause 10
stand part of the Bill.

After Clause 10

LORD COLLINS OF HIGHBURY

LORD MENDELSOHN

69

Insert the following new Clause—

“Objects to which restrictions do not apply

(1)     In section 72A of the 1992 Act (application of funds in breach of section 71),
at the beginning of subsection (1) insert “Subject to subsection (1A),”.

(2)     In section 72A of the 1992 Act, after subsection (1) insert—

“(1A)    Expenditure of money on the following shall not be treated as
spending on political objects—

(a)   encouraging electoral registration, including campaigns
aimed at increasing voter turnout amongst sectors and
groups within the population;

(b)   encouraging the electorate to vote in national and local
elections, including campaigns aimed at increasing voter
turnout amongst sectors and groups within the population;
and

(c)   encouraging the electorate not to vote for a political party or
candidate.”

(3)     In section 83 of the 1992 Act (assets and liabilities of political fund), after
subsection (3) insert—

“(4)     Expenditure in respect of the items provided for by section 72(1A)
may be discharged out of a union fund other than the political
fund.””

70

Insert the following new Clause—

“Objects to which restrictions do not apply (No. 2)

(1)     In section 72A of the 1992 Act (application of funds in breach of section 71),
at the beginning of subsection (1) insert “Subject to subsection (1A),”.

(2)     In section 72A of the 1992 Act, after subsection (1) insert—

“(1A)    Expenditure of money on referendum campaigns shall not be
treated as spending on political objects.””

71

Insert the following new Clause—

“Objects to which restrictions do not apply (No. 3)

(1)     In section 72A of the 1992 Act (application of funds in breach of section 71),
at the beginning of subsection (1) insert “Subject to subsection (1A),”.

(2)     In section 72A of the 1992 Act, after subsection (1) insert—

“(1A)    Expenditure of money on the following shall not be treated as
spending on political objects—

(a)   expenditure on anti-racism or any other related anti-
discrimination campaigns; and

(b)   expenditure on justice campaigns.””

Clause 11

LORD COLLINS OF HIGHBURY

LORD MENDELSOHN

72

Page 7, line 25, leave out “£2,000” and insert “£50,000”

73

Page 7, leave out lines 27 to 33 and insert “shall report the overall amount of
expenditure in a year to any one organisation”

74

Page 7, leave out lines 34 to 36

Clause 12

BARONESS MORGAN OF ELY

LORD HAIN

LORD WIGLEY

BARONESS RANDERSON

75

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

LORD MENDELSOHN

LORD COLLINS OF HIGHBURY

76

Page 8, line 18, leave out “, or relevant union officials within specified categories”
and insert “and”

77

Page 8, line 20, leave out from “time” to end of line 29

78

Page 8, line 29, at end insert—

“(f)   a reasonable estimate of the cost savings to the employer of
the arrangements relating to facility time in the relevant
specified period; and

(g)   a statement agreed by the employers and the relevant
unions of the value of the arrangements relating to facility
time.”

79

Page 8, leave out lines 42 and 43

80

Page 9, leave out lines 1 and 2

81

Page 9, leave out lines 9 to 12

82

Page 9, line 11, leave out “partly” and insert “mainly”

83

Page 9, line 24, leave out from “which” to end of line 26 and insert “must not be
made unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.”

84

Page 9, line 26, at end insert—

“( )     None of the provisions of this section shall apply to facility time of
the employees of an individual, a company, a partnership or any
other body save for a public authority.”

BARONESS MORGAN OF ELY

LORD HAIN

LORD FOULKES OF CUMNOCK

LORD PURVIS OF TWEED

85

Page 9, line 26, at end insert—

“( )     None of the provisions of this section shall apply to services the
provision of which is devolved wholly or partially to the Scottish
Government, Welsh Government or Northern Ireland Executive.”

BARONESS MORGAN OF ELY

LORD HAIN

LORD FOULKES OF CUMNOCK

LORD WIGLEY

86

Page 9, line 26, at end insert—

“( )     None of the provisions of this section shall apply to facility time of
the employees of the Scottish Government, Welsh Government or
Northern Ireland Executive, or to public sector employers working
for or providing services that are wholly or partially devolved to
the Scottish Government, Welsh Government or Northern Ireland
Executive.”

LORD BEECHAM

LORD HARRIS OF HARINGEY

87*

Page 9, line 26, at end insert—

“( )     None of the provisions of this section shall apply to the following public
sector employers—

(a)   local authorities in England;

(b)   the Greater London Authority; and

(c)   the NHS.”

Clause 13

LORD MENDELSOHN

LORD COLLINS OF HIGHBURY

88

Page 9, line 37, at end insert—

“(2A)    No regulation may be made under subsection (1) which has the
effect of altering, in respect of any of the matters to which the
reserve powers may be directed, any provision of a contract of
employment or a collective agreement, or of limiting an employer’s
discretion as to the contents of contracts of employment or
collective agreements to which the employer is a party.”

89

Page 10, leave out line 7

BARONESS MORGAN OF ELY

LORD HAIN

LORD FOULKES OF CUMNOCK

LORD PURVIS OF TWEED

90

Page 11, line 4, at end insert—

“( )     None of the provisions of this section shall apply to services the
provision of which is devolved wholly or partially to the Scottish
Government, Welsh Government or Northern Ireland Executive.””

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

 

The above-named Lords give notice of their intention to oppose the Question that Clause 13
stand part of the Bill.

After Clause 13

BARONESS MORGAN OF ELY

LORD HAIN

LORD WIGLEY

BARONESS RANDERSON

91

Insert the following new Clause—

“Welsh devolved public authorities

After section 172B of the 1992 Act (inserted by section 13) 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 WHEELER

LORD COLLINS OF HIGHBURY

92*

Page 11, line 8, leave out from beginning to end of line 8 on page 12 and insert—

“116B           Deduction of union subscriptions from wages in public sector

(1)     The Advisory, Conciliation and Arbitration Service shall publish a
Code of Practice for the purposes of public sector employers
making trade union subscription deductions from wages payable to
workers to promote the need for openness and transparency.

(2)     The Code of Practice shall include but shall not be limited to
including—

(a)   provision that all payroll deduction schemes shall give
members the option to pay their subscriptions by other
means;

(b)   reporting on the costs to employers of administering trade
union subscriptions at the end of each financial year,
including the percentage this represents of the employer’s
total outgoing administrative and human resources costs;

(c)   guidance on the principles and operation of payroll
deductions schemes and the administrative costs that
should be charged to trade unions where payroll deduction
schemes have been agreed.”

LORD BALFE

93

Page 11, line 11, at end insert “unless the trade union agrees to pay the
administrative cost of making the deductions.

( )     The costs charged to the trade union under subsection (1) must be
judged to be reasonable by the Certification Officer.”

LORD LEA OF CRONDALL

LORD MONKS

LORD DYKES

LORD STONEHAM OF DROXFORD

94

Page 11, leave out lines 15 to 19

BARONESS MORGAN OF ELY

LORD HAIN

LORD WIGLEY

BARONESS RANDERSON

95

Page 11, line 19, at end insert—

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

BARONESS MORGAN OF ELY

LORD HAIN

LORD FOULKES OF CUMNOCK

LORD PURVIS OF TWEED

96

Page 12, line 6, at end insert—

“( )     None of the provisions of this section shall apply to services the
provision of which is devolved wholly or partially to the Scottish
Government, Welsh Government or Northern Ireland Executive.””

LORD BEECHAM

LORD HARRIS OF HARINGEY

97*

Page 12, line 6, at end insert—

“(10)    None of the provisions of this section shall apply to the following
public sector employers—

(a)   local authorities in England;

(b)   the Greater London Authority; and

(c)   those working within the NHS.”

BARONESS WHEELER

LORD COLLINS OF HIGHBURY

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

 

The above-named Lords give notice of their intention to oppose the Question that Clause 14
stand part of the Bill.

Clause 15

LORD MENDELSOHN

LORD COLLINS OF HIGHBURY

98

Page 12, line 15, leave out subsection (2)

BARONESS DONAGHY

99

Page 12, line 15, leave out subsections (2) and (3)

100

Page 12, line 19, at end insert—

“( )     For the purposes of this section and the Schedules to which it gives effect,
a complainant or applicant must be a member of the union which is the
subject of the complaint or application.”

 

Baroness Donaghy gives notice of her intention to oppose the Question that Clause 15
stand part of the Bill.

Schedule 1

BARONESS DONAGHY

101

Page 18, line 7, leave out “or any other person”

102

Page 18, line 47, after “obligation,” insert “and where a complaint has been
received from a member of the relevant trade union, and the Certification Officer
has reason to believe that there is evidence that indicates a breach of a relevant
obligation,”

103

Page 19, line 1, leave out “or other persons”

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

104

Page 19, line 6, at end insert—

“( )     Where a Certification Officer appoints a person or persons
who is or are not a member of the Officer’s staff as an
inspector, the Certification Officer must have regard to—

(a)   the proportionality of making such an appointment to
investigate the suggested failure to comply,

(b)   the cost of appointing the person or persons, and

(c)   the impartiality of the person or persons.”

BARONESS DONAGHY

105

Page 20, line 7, at end insert—

“( )     The Certification Officer shall send a copy of any interim
reports made under sub-paragraph (1)(a) or reports made
under sub-paragraph (1)(b) to the trade union or unions which
are the subject of such an investigation.”

Schedule 2

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

106

Page 21, line 37, leave out sub-paragraph (2)

107

Page 23, line 38, leave out paragraphs 5 and 6

Clause 16

BARONESS DONAGHY

108

Page 12, line 24, after “32ZB,” insert “and where a valid complaint has been made
by a member of the relevant trade union or unions,”

109

Page 13, leave out lines 24 to 27

Clause 17

BARONESS DONAGHY

110

Page 14, line 9, leave out “, the applicant or a person mentioned in subsection (5B)”

111

Page 14, line 12, leave out “or the applicant”

112

Page 14, line 15, leave out “, the applicant or a person mentioned in subsection (6)”

113

Page 14, line 18, leave out “, the applicant or a person mentioned in subsection
(5C)”

114

Page 14, line 21, leave out “, the applicant or a person mentioned in subsection (8)”

115

Page 14, line 24, leave out “, the applicant or a person mentioned in subsection
(5C)”

116

Page 14, line 27, leave out “, the complainant or a person mentioned in subsection
(4A)”

117

Page 14, line 31, leave out “, the applicant or a person mentioned in subsection (7)”

Clause 18

BARONESS DONAGHY

118

Page 15, line 3, leave out “may” and insert “must”

119

Page 15, line 5, leave out “may” and insert “must”

120

Page 15, line 11, leave out “may” and insert “must”

121

Page 15, line 13, leave out “may” and insert “must”

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

LORD OATES

BARONESS DONAGHY

 

The above-named Lords give notice of their intention to oppose the Question that Clause 18
stand part of the Bill.

Schedule 4

BARONESS MORGAN OF ELY

LORD HAIN

LORD WIGLEY

BARONESS RANDERSON

122

Page 31, line 25, at end insert—

  ““Welsh devolved public authority section 172C””

Clause 22

LORD COLLINS OF HIGHBURY

LORD MENDELSOHN

123

Page 16, line 21, after “passed),” insert “and section 10,”

124

Page 16, line 22, at end insert—

“( )     Section 10 comes into force five years after the passing of this Act.”

 

Prepared 5th February 2016