Trade Union Bill

third
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 10 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]

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

BARONESS SMITH OF BASILDON

LORD COLLINS OF HIGHBURY

LORD MENDELSOHN

72

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

LORD COLLINS OF HIGHBURY

LORD MENDELSOHN

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 NEVILLE-ROLFE

74A

Page 8, line 13, after “authority” insert “specified, or of a description specified, in
the regulations”

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”

BARONESS HAYTER OF KENTISH TOWN

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.”

BARONESS NEVILLE-ROLFE

78A

Page 8, leave out lines 36 to 39 and insert “may make different provision for
different employers or different categories of employer”

BARONESS HAYTER OF KENTISH TOWN

LORD MCKENZIE OF LUTON

BARONESS DONAGHY

79

Page 8, leave out lines 42 and 43

BARONESS HAYTER OF KENTISH TOWN

LORD MENDELSOHN

LORD COLLINS OF HIGHBURY

80

Page 9, leave out lines 1 and 2

BARONESS HAYTER OF KENTISH TOWN

LORD MCKENZIE OF LUTON

BARONESS DONAGHY

80A

Page 9, leave out lines 7 and 8

BARONESS HAYTER OF KENTISH TOWN

LORD MENDELSOHN

LORD COLLINS OF HIGHBURY

81

Page 9, leave out lines 9 to 12

82

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

BARONESS HAYTER OF KENTISH TOWN

BARONESS WHEELER

82A

Page 9, line 12, at end insert—

“( )     Charities shall not be the subject of regulations under subsection
(9).”

LORD STEVENSON OF BALMACARA

82B

Page 9, line 12, at end insert—

“( )     Artistic and cultural institutions which are funded wholly or partly
from public funds shall not be the subject of regulations under
subsection (9).”

BARONESS HAYTER OF KENTISH TOWN

LORD MENDELSOHN

LORD COLLINS OF HIGHBURY

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.”

BARONESS HAYTER OF KENTISH TOWN

BARONESS WHEELER

 

The above-named Lords give notice of their intention to oppose the Question that Clause 12
stand part of the Bill.

After Clause 12

LORD MCKENZIE OF LUTON

BARONESS DONAGHY

87A

Insert the following new Clause—

“Publication requirements: statement by employer and trade union

Where any publication requirements arising under section 12 involve
information relating to the facility time of safety representatives appointed
under regulations made under section 2(4) of the Health and Safety at
Work etc Act 1974, such publication must be accompanied by a statement
agreed by the employer and trade unions setting down the benefits to the
employer, employees and others of the use of such time on health and
safety.”

Clause 13

BARONESS HAYTER OF KENTISH TOWN

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

LORD MCKENZIE OF LUTON

BARONESS DONAGHY

89A

Page 10, leave out lines 8 and 9

89B

Page 10, line 11, at end insert “, but any such calculations shall be made without
including the time and pay of safety representatives appointed under section 2(4)
of the Health and Safety at Work etc Act 1974”

BARONESS NEVILLE-ROLFE

89C

Page 10, leave out lines 27 to 32 and insert—

“( )   make provision in relation to any or all of the employers in relation
to which the reserve powers are exercisable;

“( )   make different provision for different employers or different
categories of employer;”

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 BEECHAM

LORD HARRIS OF HARINGEY

90A

Page 11, line 4, at end insert—

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

( )   local authorities in England;

( )   the Greater London Authority; and

( )   the NHS.”

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.”

LORD MCKENZIE OF LUTON

BARONESS DONAGHY

95A

Page 11, leave out lines 35 and 36

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

LORD YOUNG OF NORWOOD GREEN

LORD MENDELSOHN

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,”

BARONESS DONAGHY

123A

Page 16, line 21, after “passed),” insert “and section 14,”

BARONESS SMITH OF BASILDON

LORD COLLINS OF HIGHBURY

LORD MENDELSOHN

124

Page 16, line 22, at end insert—

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

BARONESS DONAGHY

124A

Page 16, line 22, at end insert—

“( )     Section 14 comes into force five years after the passing of this Act.”

 

Prepared 19th February 2016