Amendment proposed: 291, page 71, line 1, leave out Clause 52.—(Greg Smith.)

The House divided: Ayes 164, Noes 324.

Question accordingly negatived.

Amendments made: 186, page 71, line 7, leave out from “For” to “substitute” in line 8 and insert

“sections 84 (contributions to political fund from members of a union) and 84A (information to members about contributing to political fund)”.

This amendment is consequential on amendment 189.

Amendment 187, page 71, leave out lines 15 to 25.

This amendment is consequential on amendment 189.

Amendment 188, page 71, line 33, leave out from “of” to end of line 34 and insert

“four weeks beginning with the day on which an opt-out information notice is given to the member under section 84A,”.

This amendment is consequential on amendment 189 and would also require an opt-out notice to be given four weeks (rather than one month) after the opt-out information notice is given where a political resolution is passed for the first time, for the opt out to take effect on the day it is given.

Amendment 189, page 72, leave out lines 11 and 12 and insert—

“84A Opt-out information notices

(1) A trade union must give an opt-out information notice to each member of the union—

(a) within the period of eight weeks beginning with the day after the day on which a political resolution is passed by the members of the union under section 73, and

(b) within the period of eight weeks beginning with the end of—

(i) the period of ten years beginning with the day on which a political resolution is passed, and

(ii) each successive period of ten years,

unless during that period of ten years the political resolution is rescinded or otherwise ceases to have effect.

(2) An “opt-out information notice” is a notice stating that—

(a) each member of the union has the right not to be a contributor to the political fund of the union, and

(b) a member may exercise that right by giving an opt-out notice under section 84.

(3) An opt-out information notice must be given in accordance with rules of the union approved for the purpose by the Certification Officer.

(4) In deciding whether to approve those rules, the Certification Officer must have regard in each case to the existing practice and character of the union.

(5) As soon as is reasonably practicable after the end of any period of eight weeks within which an opt-out information notice must be given, a trade union must send to the Certification Officer a copy of—

(a) the opt-out information notice, or

(b) if there is more than one form of opt-out information notice, each form of notice.

(6) A member of a trade union who claims that the union has failed to comply with this section may complain to the Certification Officer.

(7) Where the Certification Officer is satisfied on a complaint under subsection (6) that a trade union has failed to comply with this section, the Officer may make such order for remedying the failure as the Officer thinks just under the circumstances.

(8) Before deciding the matter the Certification Officer—

(a) may make such enquiries as the Officer thinks fit;

(b) must give the union and the member making the complaint an opportunity to make written representations;

(c) may give the union and the member making the complaint an opportunity to make oral representations.

(9) An order made by the Certification Officer under this section may be enforced by the Certification Officer in the same way as an order of the court.”

This amendment would require a trade union to give notice to its members every ten years that they have the right to opt out of contributing to the political fund.

Amendment 190, page 72, line 22, leave out from “section” to “not” in line 24 and insert

“84A (opt-out information notices) may provide for opt-out information notices”.

This amendment is consequential on amendment 189.

Amendment 191, page 72, line 27, leave out from “section” to third “to” in line 28 and insert

“84A(1) is not to be taken to require opt-out information notices”.—(Justin Madders.)

This amendment is consequential on amendment 189.