Trade Union Bill

marshalled
list of Amendments
to be moved
On REPORT

The amendments have been marshalled in accordance with the Order expected to be agreed on 15th March 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 3

BARONESS NEVILLE-ROLFE

1

Page 2, line 9, leave out from “are” to end of line 10 and insert “at the relevant time
normally engaged in the provision of important public services, unless at that time
the union reasonably believes this not to be the case.”

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

2*

Page 2, line 26, 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.”

After Clause 3

LORD KERSLAKE

LORD STONEHAM OF DROXFORD

LORD COLLINS OF HIGHBURY

LORD BALFE

3

Insert the following new Clause—

“Electronic balloting

Provision for electronic balloting: review and piloting scheme

(1)     The Secretary of State shall commission an independent review, the report
of which shall be laid before each House of Parliament, on the delivery of
secure methods of electronic balloting for the purpose of ballots held under
section 226 of the 1992 Act (requirement of ballot before action by trade
union).

(2)     The use of pilot schemes shall be permitted to inform the design and
implementation of electronic balloting before it is rolled out across union
strike ballots.

(3)     The Secretary of State must consider the report and publish and lay before
each House of Parliament a strategy for the rollout of secure electronic
balloting.

(4)     For the purpose of preparing the strategy under subsection (3), the
Secretary of State must consult relevant organisations including
professionals from expert associations to seek their advice and
recommendations.

(5)     The review under subsection (1) shall be commissioned within 6 months of
the passing of this Act.”

Clause 4

BARONESS NEVILLE-ROLFE

4

Page 2, line 34, leave out “reasonably detailed indication” and insert “summary”

Clause 7

BARONESS NEVILLE-ROLFE

5

Page 4, leave out line 9 and insert “subsection (4), for paragraph (b) substitute—

“(b)   ending with the 14th day before the starting date, or the
seventh day before that date if the union and the employer
so agree.

In paragraph (b) “starting date” means the day, or the first of the
days, specified in the relevant notice.””

Clause 8

BARONESS NEVILLE-ROLFE

6

Page 4, line 19, leave out from “period” to end of line 20 and insert “, beginning
with the date of the ballot—

(a)   of six months, or

(b)   of such longer duration not exceeding nine months as is
agreed between the union and the members’ employer.”

Clause 9

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

7*

Page 5, leave out lines 17 to 19

BARONESS NEVILLE-ROLFE

8

Page 5, line 25, leave out “a badge, armband or other item” and insert “something”

Clause 10

LORD BURNS

LORD TYLER

LORD CORMACK

BARONESS DRAKE

9

Page 6, leave out lines 5 to 42 and insert—

“(1)     A person who, after the transition period, joins a trade union that
has a political fund at the time the person joins shall, on the trade
union membership form (whether paper or electronic), be asked
whether or not the person wishes to contribute to the political fund,
and informed that the decision shall not affect any other aspects of
the person’s membership.

(2)     It shall be unlawful to require a person who joins a trade union after
the transition period to make a contribution to any political fund of
that trade union if the person has not given to the trade union
notice—

(a)   on the membership form (whether paper or electronic), or

(b)   in accordance with subsection (6),

of the person’s willingness to contribute to that fund.

(3)     It shall be unlawful for any trade union which does not have in
force a political resolution under section 73 (political resolution) at
the end of the transition period, but which subsequently passes a
political resolution under that section, to require a member of the
trade union to make a contribution to the political fund if the
member has not given notice to the trade union in accordance with
subsection (6) of the member’s willingness to contribute to that
fund.

(4)     A member of a trade union who contributes to a political fund but
wishes to cease contributing to that political fund shall give notice
to that effect to the trade union in accordance with subsection (6).

(5)     A member of a trade union who gives notice under subsection (4)
shall, after the end of the period of one month beginning with the
day on which it is given, no longer be required to contribute to the
political fund.

(6)     Notice under subsection (2), (3) or (4) may be given to a trade union
by being delivered—

(a)   to the head office of the trade union, or

(b)   to a branch office of the trade union,

in person, by any authorised agent, by post, or by electronic means.

(7)     The Certification Officer shall, within six months of section 10 of the
Trade Union Act 2016 coming into force, issue a code of practice
which must set out the minimum level of communications which
trade unions with political funds must have every year with
political fund contributors about their right to cease contributing to
the political fund.

(8)     The Certification Officer must monitor the compliance of trade
unions with political funds with the code of practice issued under
subsection (7), and shall in their annual report under section 258
(annual report and accounts) set out their findings.

(9)     In this Act “contributor”, in relation to the political fund of a trade
union, means a member who makes a contribution to the political
fund and has not given notice to the trade union under subsection
(4).

(10)     In this section “the transition period” means the period to be
specified by the Secretary of State in regulations made by statutory
instrument following consultation with the Certification Officer
and all trade unions which have a political fund.

(11)     The period to be specified by the Secretary of State under subsection
(10) shall be no less than 12 months, and shall start on the day on
which section 10 of the Trade Union Act 2016 comes into force.

(12)     A statutory instrument containing regulations under subsection
(10) may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of Parliament.”

10

Page 7, line 16, leave out subsections (3) to (5)

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

11*

Leave out Clause 10

Clause 11

LORD LEIGH OF HURLEY

12*

Page 7, line 32, leave out from “union” to “exceeds” in line 34 and insert “paid out
of its political fund in any calendar year”

LORD BURNS

LORD TYLER

THE EARL OF KINNOULL

BARONESS DEAN OF THORNTON-LE-FYLDE

13

Page 7, leave out lines 35 to 42 and insert—

“(2)     The union’s return for that year under section 32 shall include such
information as may be specified by the Secretary of State in
regulations made by statutory instrument, following consultation
with the Certification Officer.

(2A)    A statutory instrument containing regulations under subsection (2)
may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of Parliament.”

LORD LEIGH OF HURLEY

14*

Page 7, line 36, after “expenditure” insert “paid out of the union’s political fund”

15*

Page 7, leave out lines 40 to 42 and insert—

“( )     For the purposes of subsection (2)—

(a)   expenditure falling within paragraph (a) of section 72(1) is
one category of expenditure, expenditure falling within
paragraph (b) of section 72(1) is another, and so on;

(b)   expenditure not falling within any paragraph of section
72(1) is a further category of expenditure.”

BARONESS NEVILLE-ROLFE

16

Page 7, leave out lines 43 to 45 and insert—

“(3)     The Secretary of State may by regulations made by statutory
instrument amend subsection (1) by substituting a different
amount, which may not be less than £2,000, for the amount for the
time being specified in that subsection.

(3A)    Regulations under subsection (3) that substitute a higher amount
shall be subject to annulment in pursuance of a resolution of either
House of Parliament.

(3B)    No regulations under subsection (3) that substitute a lower amount
shall be made unless a draft of them has been laid before Parliament
and approved by a resolution of each House of Parliament.”

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

17*

Page 8, line 7, at end insert—

“(5)     The Secretary of State shall commission a review, in consultation
with the Electoral Commission and the Certification Officer, to
improve the transparency of political expenditure by trade unions.

(6)     Such a review shall ensure that the requirements under this
section—

(a)   are comparable with the current provisions of the Electoral
Commission to registering political donations;

(b)   are proportionate; and

(c)   do not impose an undue administrative burden on trade
unions or the Certification Officer.

(7)     Subsections (1) to (4) shall not come into effect until the report of the
review under subsection (5) has been laid before each House of
Parliament.”

Clause 12

BARONESS HAYTER OF KENTISH TOWN

LORD STONEHAM OF DROXFORD

18

Page 9, leave out lines 16 to 19

BARONESS MORGAN OF ELY

LORD WIGLEY

19

Page 9, line 33, at end insert—

“(12A)   None of the provisions of this section shall apply to services the
provision of which is devolved wholly or partially to the Welsh
Government.”

Clause 13

LORD KERSLAKE

BARONESS WATKINS OF TAVISTOCK

BARONESS HAYTER OF KENTISH TOWN

LORD STONEHAM OF DROXFORD

20

Leave out Clause 13

Clause 14

LORD BALFE

LORD KERSLAKE

LORD CORMACK

LORD STONEHAM OF DROXFORD

21

Page 11, line 15, at end insert “unless there exists an agreement between the
employer and a trade union which provides for—

(a)   the remittance by the employer to the trade union of those
deductions;

(b)   the making of a payment by the trade union to the employer
in respect of that remittance; and

(c)   the option for a worker to pay their subscriptions by other
means.

(1A)    Costs charged to a trade union under subsection (1) must be judged
to be reasonable by the Certification Officer.”

BARONESS MORGAN OF ELY

LORD WIGLEY

22

Page 12, line 3, at end insert—

“(8A)    None of the provisions of this section shall apply to services the
provision of which is devolved wholly or partially to the Welsh
Government.”

Schedule 1

LORD MENDELSOHN

LORD COLLINS OF HIGHBURY

23

Page 18, line 34, at end insert—

      The powers granted to the Certification Officer by this
Schedule are only exercisable—

(a)   where the Certification Officer has received an
application or a complaint of an alleged breach of
relevant obligations by a trade union from—

(i)   a member of that trade union; or

(ii)   a person who is not a member of that trade
union but whom the Certification Officer is
satisfied has sufficient interest in the matters
complained of and has suffered or may suffer
detriment as a result of the breach complained
of and who is entitled to make an application or
complaint under the terms of this Act; and

(b)   for the purpose of enabling the Certification Officer to
determine whether there is sufficient evidence of a
possible breach of relevant obligations to justify the
application or complaint proceeding or whether the
application or complaint should be struck out in
accordance with section 256ZA of this Act (striking
out).”

Schedule 2

LORD MENDELSOHN

LORD COLLINS OF HIGHBURY

24

Page 22, line 38, leave out “no application is made under this section” and insert
“an application is made by a person who is not a member of the trade union but
whom the Certification Officer is satisfied has sufficient interest in the matters
complained of and has suffered or may suffer detriment as a result of the breach
complained of”

25

Page 23, line 30, leave out “no application is made” and insert “an application is
made by a person who is not a member of the trade union but whom the
Certification Officer is satisfied has sufficient interest in the matters complained of
and has suffered or may suffer detriment as a result of the breach complained of”

26

Page 23, leave out line 42 and insert—

“(b)   on an application by a person who is not a member of the
trade union but whom the Certification Officer is satisfied
has sufficient interest in the matters complained of and
has suffered or may suffer detriment as a result of the
breach complained of”

27

Page 24, line 15, leave out “no application is made” and insert “an application is
made by a person who is not a member of the trade union but whom the
Certification Officer is satisfied has sufficient interest in the matters complained of
and has suffered or may suffer detriment as a result of the breach complained of”

28

Page 25, line 10, leave out “no application is made” and insert “an application is
made by a person who is not a member of the trade union but whom the
Certification Officer is satisfied has sufficient interest in the matters complained of
and has suffered or may suffer detriment as a result of the breach complained of”

29

Page 25, line 18, leave out “without any such application having been made” and
insert “by a person who is not a member of the trade union but whom the
Certification Officer is satisfied has sufficient interest in the matters complained of
and has suffered or may suffer detriment as a result of the breach complained of”

30

Page 25, line 38, leave out “no complaint under this section is made” and insert “a
complaint is made by a person who is not a member of the trade union but whom
the Certification Officer is satisfied has sufficient interest in the matters
complained of and has suffered or may suffer detriment as a result of the breach
complained of”

31

Page 26, line 16, leave out “no complaint under this section is made” and insert “a
complaint is made by a person who is not a member of the trade union but whom
the Certification Officer is satisfied has sufficient interest in the matters
complained of and has suffered or may suffer detriment as a result of the breach
complained of”

Clause 21

BARONESS MORGAN OF ELY

LORD WIGLEY

32

Page 16, line 30, at end insert “, subject to subsection (2).

(2)     This Act does not affect public bodies in Wales.”

 

Prepared 15th March 2016