Trade Union Bill

second
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 4 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 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.”

BARONESS SMITH OF BASILDON

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 funds

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.

After Clause 14

BARONESS PROSSER

97A

Insert the following new Clause—

“Codes of practice: employee engagement

In section 203 of the 1992 Act (issue of Codes of Practice by the Secretary of
State), after subsection (1) insert—

    The Codes of Practice issued by the Secretary of State for the
purpose of promoting the improvement of industrial relations must
encourage all employers, in both the private and public sectors, to
establish mechanisms via trade unions that encourage and enable
effective employee engagement in industrial relations.””

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

BARONESS SMITH OF BASILDON

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 9th February 2016