Parliamentary Debates House of Commons Official Report General Committees

PARLIAMENTARY DEBATES HOUSE OF COMMONS OFFICIAL REPORT GENERAL COMMITTEES Public Bill Committee TRADE UNION BILL Tenth Sitting Tuesday 27 October 2015 (Afternoon) CONTENTS CLAUSES 17 and 18 agreed to, one with an amendment. SCHEDULE 4 agreed to, with amendments. CLAUSES 19 to 22 agreed to. New clauses considered. Bill, as amended, to be reported. Written evidence reported to the House. PUBLISHED BY AUTHORITY OF THE HOUSE OF COMMONS LONDON – THE STATIONERY OFFICE LIMITED £6·00 PBC (Bill 058) 2015 - 2016 No proofs can be supplied. Corrigenda slips may be published with Bound Volume editions. Corrigenda that Members suggest should be clearly marked in a copy of the report—not telephoned—and must be received in the Editor’s Room, House of Commons, not later than Saturday 31 October 2015 STRICT ADHERENCE TO THIS ARRANGEMENT WILL GREATLY FACILITATE THE PROMPT PUBLICATION OF THE BOUND VOLUMES OF PROCEEDINGS IN GENERAL COMMITTEES © Parliamentary Copyright House of Commons 2015 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 397 Public Bill Committee27 OCTOBER 2015 Trade Union Bill 398 The Committee consisted of the following Members: Chairs: †SIR EDWARD LEIGH,SIR ALAN MEALE † Argar, Edward (Charnwood) (Con) † Howell, John (Henley) (Con) † Barclay, Stephen (North East Cambridgeshire) † Kennedy, Seema (South Ribble) (Con) (Con) † Mearns, Ian (Gateshead) (Lab) † Blenkinsop, Tom (Middlesbrough South and East † Morden, Jessica (Newport East) (Lab) Cleveland) (Lab) † Morris, Anne Marie (Newton Abbot) (Con) † Boles, Nick (Minister for Skills) † Prentis, Victoria (Banbury) (Con) † Cameron, Dr Lisa (East Kilbride, Strathaven and † Stephens, Chris (Glasgow South West) (SNP) Lesmahagow) (SNP) † Stevens, Jo (Cardiff Central) (Lab) † Cartlidge, James (South Suffolk) (Con) † Sunak, Rishi (Richmond (Yorks)) (Con) † Doughty, Stephen (Cardiff South and Penarth) (Lab/Co-op) Glenn McKee, Anna Dickson, Committee Clerks † Elliott, Julie (Sunderland Central) (Lab) † Ghani, Nusrat (Wealden) (Con) † attended the Committee 399 Public Bill CommitteeHOUSE OF COMMONS Trade Union Bill 400 Public Bill Committee Clause 18 MINOR AND CONSEQUENTIAL AMENDMENTS Tuesday 27 October 2015 Question proposed, That the clause stand part of the Bill. (Afternoon) Stephen Doughty (Cardiff South and Penarth) (Lab/ Co-op): It is a pleasure to serve under your chairmanship [SIR EDWARD LEIGH in the Chair] for our last sitting, Sir Edward. I appreciate that this may be a technical clause. It brings into effect a schedule Trade Union Bill that contains many minor and consequential amendments. Will the Minister provide a little detail about those Clause 17 amendments, and whether there is any substantive change to Government policy in the clause? POWER TO IMPOSE LEVY 2pm Nick Boles: Nothing would give me greater pleasure. Question proposed, That the clause, as amended, stand Clause 18 gives effect to schedule 4, which, as the part of the Bill. hon. Gentleman says, provides minor and consequential The Minister for Skills (Nick Boles): I want to clarify amendments to existing legislation to take account of a point that was made just before we adjourned this the changes to legislation brought in by the Bill. Specifically, morning. The hon. Member for Cardiff Central asked the schedule makes amendments to the Trade Union whether federated employer associations such as the and Labour Relations (Consolidation) Act 1992 concerning CBI will be covered by the levy, and I said no. Indeed, it the arrangements for the register of members’ names was narrowly correct to say that because the CBI will and addresses; minor amendments to accommodate the not be caught by the levy, but it may help the Committee changes that provide for an opt-in to the political fund, if I provide a little more context to my answer. so that where there are references to members not being Federated employer associations would be covered exempt there is a reference to members contributing; by the levy, provided that they meet the statutory definition minor changes to the arrangements to ballots, including in the Trade Union and Labour Relations (Consolidation) making clear that spoiled ballot papers are to be included Act 1992. The certification officer keeps a list of employer in the count of those voting for the purpose of the 50% associations that have asked to be listed, as well as a threshold; and minor changes to provisions to cross-refer schedule of those that have not applied to be listed but to the additional requirements in the voting paper in that the certification officer considers meet the statutory clause 4. definition. The CBI is not listed, so as it stands the levy The schedule also makes clear, by amendments to the will not cover an organisation of that type. It will Trade Union and Labour Relations (Northern Ireland) continue to be left to the certification officer to decide Order 1995, that the Northern Irish legislation will who meets the definition in the future. I will be happy to continue to apply to Northern Irish members of unions write to the hon. Lady if she would like further clarification in Great Britain. It updates the language, so a decision on the statutory definitions in the 1992 Act and how to opt in under the Northern Irish legislation will be they apply in practice. treated as a decision to opt in under the new provisions of the 1992 Act. Jo Stevens (Cardiff Central) (Lab): I am grateful to the Minister. If he could write to me, that would be The schedule also amends the trade union administration good. aspects of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014, Question put, That the clause, as amended, stand part which in turn also amends the Trade Union and Labour of the Bill. Relations (Consolidation) Act 1992. The Committee divided: Ayes 10, Noes 8. Finally, there are other minor repeals to other Division No. 39] employment legislation for provisions no longer needed AYES as a result of the Bill’s provisions. Argar, Edward Howell, John Barclay, Stephen Kennedy, Seema Stephen Doughty: I thank the Minister for those Boles, Nick Morris, Anne Marie clarifications. I am sure that, as he suggested, a number Cartlidge, James Prentis, Victoria of the elements are simply technical, but as several of Ghani, Nusrat Sunak, Rishi them relate to facilitating the passage of the rest of the Bill and the gagging Act, which the Minister referred to NOES using its formal name, we do not want to support them. Blenkinsop, Tom Mearns, Ian Question put, That the clause stand part of the Bill. Cameron, Dr Lisa Morden, Jessica Doughty, Stephen Stephens, Chris The Committee divided: Ayes 10, Noes 8. Elliott, Julie Stevens, Jo Division No. 40] Question accordingly agreed to. AYES Argar, Edward Cartlidge, James Barclay, Stephen Ghani, Nusrat Clause 17, as amended, ordered to stand part of the Bill. Boles, Nick Howell, John 401 Public Bill Committee27 OCTOBER 2015 Trade Union Bill 402 Kennedy, Seema Prentis, Victoria Clause 19 Morris, Anne Marie Sunak, Rishi FINANCIAL PROVISION NOES Question proposed, That the clause stand part of the Bill. Blenkinsop, Tom Mearns, Ian Cameron, Dr Lisa Morden, Jessica Stephen Doughty: I would not normally seek to speak Doughty, Stephen Stephens, Chris on the latter clauses of a Bill, but I rise to make a point Elliott, Julie Stevens, Jo and to give the Minister one last chance to answer. The Bill’s provisions are clearly extensive, and a number of Question accordingly agreed to. them are on extraordinarily shaky legal grounds. Will Clause 18 ordered to stand part of the Bill. the Minister clarify whether the Government have set aside funds to consider any legal challenges that might Schedule 4 arise once the legislation comes into force? Nick Boles: I think I have pretty much answered that MINOR AND CONSEQUENTIAL AMENDMENTS question already. We have not made a specific provision Amendments made: 96, in schedule 4, page 29, line 11, for public expenditure. Indeed, we expect public expenditure at end insert— to be reduced by the introduction of the levy, which will “In section 93 of the 1992 Act (effect of amalgamation), after ensure that the costs of the certification officer that subsection (2) insert— currently fall on the taxpayer will fall on those regulated— “(2A) Where— the employer associations and trade unions. (a) subsection (1) applies, and Question put, That the amendment be made. (b) at the time of the amalgamation there has already been The Committee divided: Ayes 10, Noes 8. a renewal date under section 84 for one or more of the amalgamating unions, Division No. 42] the first renewal date under that section for the amalgamated AYES union is the earliest date after that time which would (but for the amalgamation) have been the first renewal date for any of the Argar, Edward Howell, John amalgamating unions.”” Barclay, Stephen Kennedy, Seema Boles, Nick Morris, Anne Marie This amendment deals with the effect of an amalgamation of unions on the new opt-in rules. It fixes the “first renewal date” for the Cartlidge, James Prentis, Victoria amalgamated union where at least one of the amalgamating unions has Ghani, Nusrat Sunak, Rishi already had a renewal date at the time of the amalgamation. Amendment 97, in schedule 4, page 29, line 39, at end NOES insert— Blenkinsop, Tom Mearns, Ian “(1) Section 254 of the 1992 Act (certification officer) is Cameron, Dr Lisa Morden, Jessica amended as follows. Doughty, Stephen Stephens, Chris (2) In subsection (5A) omit “Subject to subsection (6),”. Elliott, Julie Stevens, Jo (3) Omit subsection (6).” See the explanatory statement for amendment 95. Question accordingly agreed to. Amendment 111, in schedule 4, page 30, line 29, leave Clause 19 ordered to stand part of the Bill.

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