Lords division · 16 Mar 2016 · No. 2

Trade Union Bill

Lord Burns moved amendment 9, in clause 10, page 6, to 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.” The House divided:

The Contents have it

Majority 148

Contents: 320 Not Contents: 172

At a glance The Contents won by a margin of 148 votes. The Government's position was Not Content, and it lost.

How the parties voted

Contents

Labour	171
Liberal Democrat	70
Crossbench	50
Non-affiliated	19
Conservative	4
Democratic Unionist Party	2
Green Party	1
Independent Labour	1
Ulster Unionist Party	1
Plaid Cymru	1

Not Contents

Conservative	154
Crossbench	9
Non-affiliated	8
Independent Ulster Unionist	1

The party breakdowns are our own analysis of the official voting records (recorded votes only; they do not describe the formal whip). How we work this out.

Peers attend divisions ad hoc, so there is no did-not-vote list. Tellers are counted in the Content and Not Content totals, unlike in the Commons.

Tellers: Lord Burns (Content), Lord Tunnicliffe (Content), Lord Gardiner of Kimble (Not Content), Lord Taylor of Holbeach (Not Content).