Trade Union Bill

FOURTH
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 14 and 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 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

LORD KERSLAKE

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

LORD KERSLAKE

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.”

LORD KERSLAKE

97ZA

Leave out Clause 14 and insert the following new Clause—

“Payroll deductions: union subscriptions from wages in public sector

(1)     The Secretary of State may by regulations made by statutory instrument
establish a system of payroll deduction for the purposes of deducting trade
union subscriptions from wages in the public sector.

(2)     A trade union may act as an administrator for an employer for the purposes
of this section.

(3)     Any employee whose employer deducts income tax under normal Pay As
You Earn rules, and who has contracted with a union under subsection (2),
may contribute to the union of their choice direct from their salary.”

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)

BARONESS DONAGHY

LORD MENDELSOHN

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

 

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

LORD MENDELSOHN

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

LORD MENDELSOHN

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

LORD MENDELSOHN

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,”

BARONESS DONAGHY

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)”

After Clause 17

LORD MENDELSOHN

LORD COLLINS OF HIGHBURY

117A*

Insert the following new Clause—

“Certification officer: Independent Adjudication Panel

(1)     The Secretary of State must by regulations made by statutory instrument
establish an Independent Adjudication Panel.

(2)     Where the Certification Officer is considering using the powers in section
15 (investigatory powers etc), 16 (enforcement by Certification Officer of
new annual return requirements) or 17 (further powers of Certification
Officer where enforcement order made), the proposed exercise of the
power must be adjudicated by the Independent Adjudication Panel.

(3)     The Panel must publish an annual report detailing the activities of the
Certification Officer for that year and may comment on the Certification
Officer’s work.

(4)     The Certification Officer has a duty to respond to any such comments
within three months of the publication of the Panel’s report.”

Schedule 3

LORD MENDELSOHN

LORD COLLINS OF HIGHBURY

117B*

Page 28, line 26, leave out “£20,000” and insert “£5,000”

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 MENDELSOHN

LORD COLLINS OF HIGHBURY

121A*

Page 15, line 45, at end insert—

“( )     The Secretary of State shall consult trade unions, ACAS and other
relevant organisations on setting a cap on the levy payable to the
Certification Officer.

( )     Having considered the results of the consultation the Secretary of
State must, within 12 months of the passing of this Act, by
regulations made by statutory instrument set a cap on the levy
payable to the Certification Officer.”

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 24th February 2016