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  • Paula Sherriff – 2016 Parliamentary Question to the Department for Business, Innovation and Skills

    Paula Sherriff – 2016 Parliamentary Question to the Department for Business, Innovation and Skills

    The below Parliamentary question was asked by Paula Sherriff on 2016-03-10.

    To ask the Secretary of State for Business, Innovation and Skills, pursuant to the Answer of 10 February 2016 to Question 25985, whether he plans to publish his response to his Department’s consultation on tips, gratuities, service and cover charges before the period of purdah for the EU membership referendum begins.

    Nick Boles

    The Government is analysing the responses to the Call for Evidence on tips, gratuities, service and cover charges and will publish a response in due course.

  • Luke Hall – 2016 Parliamentary Question to the Department for Business, Innovation and Skills

    Luke Hall – 2016 Parliamentary Question to the Department for Business, Innovation and Skills

    The below Parliamentary question was asked by Luke Hall on 2016-03-10.

    To ask the Secretary of State for Business, Innovation and Skills, what sanctions the Certification Officer can implement against trades unions which fail to compile and maintain an accurate register of members; and on what occasions such sanctions have been used in the last 10 years.

    Nick Boles

    Section 24(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 currently requires trade unions to keep registers of their members’ names and addresses and to ensure, so far as reasonably practicable, that these registers are accurate and up-to-date.

    Under the 1992 Act, if the Certification Officer finds that a union has breached this duty, he must make a declaration of his findings and may make an enforcement order. Failure to comply with the Certification Officer’s enforcement order may be treated as contempt of court.

    In the last 10 years, the Certification Officer has made one declaration that Unite the Union breached section 24(1) of the 1992 Act. This case was Mr J Hicks v Unite the Union (No2) (D/32-39/14-15). The Certification Officer decided that it was not appropriate to issue an enforcement order in this case.

  • Luke Hall – 2016 Parliamentary Question to the Department for Business, Innovation and Skills

    Luke Hall – 2016 Parliamentary Question to the Department for Business, Innovation and Skills

    The below Parliamentary question was asked by Luke Hall on 2016-03-10.

    To ask the Secretary of State for Business, Innovation and Skills, what guidance the Certification Officer has produced for trades unions on requirements to compile and maintain an accurate register of members; and what monitoring the Certification Officer undertakes of trades unions’ compliance with those requirements.

    Nick Boles

    Under Section 24 of the Trade Union and Labour Relations (Consolidation) Act 1992, unions are required to compile and maintain an up to date register of members’ names and addresses. The 1992 Act gives a right to members to make a complaint to the Certification Officer if they consider that the union has failed to comply with this duty. The Certification Officer ensures compliance by making enquiries and, where appropriate, issuing an enforcement order, where he finds a breach.

    Under the Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014, unions will be required to submit a Membership Audit Certificate to the Certification Officer (with the first MACs expected from October this year). This will provide greater assurance that the duty under Section 24 of the 1992 Act is being complied with.

    The Certification Officer has not published guidance in relation to these requirements. The Department for Business, Innovation and Skills published guidance in March 2015.

    This guidance, which also sets out previous Certification Officer decisions on how unions can take reasonably practicable steps to comply with this duty, is on the Gov.UK website. A link to this guidance is provided below:

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/412221/bis-14-142-guidance-on-trade-union-register-of-members.pdf

    “

  • Luke Hall – 2016 Parliamentary Question to the Department for Business, Innovation and Skills

    Luke Hall – 2016 Parliamentary Question to the Department for Business, Innovation and Skills

    The below Parliamentary question was asked by Luke Hall on 2016-03-10.

    To ask the Secretary of State for Business, Innovation and Skills, what information the Certification Officer holds on the number of members of the Northumberland branch of the National Union of Mineworkers in each year from 2003-04 to present.

    Nick Boles

    The two links below provide information that the Certification Officer holds on the number of members of the Northumberland branch of the National Union of Mineworkers in each year from 2003 to 2014.

    Annual Returns 2003-12

    http://webarchive.nationalarchives.gov.uk/20140701201750/http://www.certoffice.org/Nav/Trade-Unions/National-Union-of-Mineworkers-(Northumberland-Area.aspx

    Annual Returns 2012-2014

    https://www.gov.uk/government/publications/national-union-of-mineworkers-northumberland-area-annual-returns

    “

  • Luke Hall – 2016 Parliamentary Question to the Department for Business, Innovation and Skills

    Luke Hall – 2016 Parliamentary Question to the Department for Business, Innovation and Skills

    The below Parliamentary question was asked by Luke Hall on 2016-03-10.

    To ask the Secretary of State for Business, Innovation and Skills, what information the Certification Officer holds on the number of members of the National Union of Mineworkers in each year from 2003-04 to present.

    Nick Boles

    The number of members of the National Union of Mineworkers in each year from 2003-04 to present, as submitted to the Certification Officer, are provided in the two links below.

    2003-2012

    http://webarchive.nationalarchives.gov.uk/20140701201750/http://www.certoffice.org/Nav/Trade-Unions/National-Union-of-Mineworkers.aspx

    2012-2014

    https://www.gov.uk/government/publications/national-union-of-mineworkers-annual-returns

    “

  • Caroline Lucas – 2016 Parliamentary Question to the Department for Business, Innovation and Skills

    Caroline Lucas – 2016 Parliamentary Question to the Department for Business, Innovation and Skills

    The below Parliamentary question was asked by Caroline Lucas on 2016-03-10.

    To ask the Secretary of State for Business, Innovation and Skills, pursuant to the Answer of 8 March 2016 to Question 26318, what the reasons are for the differences between the total amount of arrears owed by the 92 employers named and shamed by his Department on 5 February 2016 for non-compliance with the national minimum wage and the total amount of the financial penalties imposed on those employers; and if he will make a statement.

    Nick Boles

    Penalties are calculated based on the value of arrears on the Notice of Underpayment issued by HM Revenue and Customs (HMRC) but vary according to the penalty regime in place at the time underpayments took place and how quickly the employer pays back arrears to the worker.

    The rate at which penalties are calculated has increased twice since the beginning of the naming scheme, demonstrating our continued commitment to the enforcement of minimum wage law:

    • For underpayments which occurred before 7 March 2014, the penalty rate was set at 50% of arrears owed;
    • For underpayments which occurred on or after 7 March 2014, the rate was set at 100% of arrears owed;
    • From April 2016, underpayments will result in penalties set at 200% of arrears owed.

    The amount at which penalties are capped has also increased. Before 7 March 2014 penalties were capped at £5,000 per employer. The Government increased the cap to £20,000, and began to apply it on a per-worker basis from 26 May 2015.

    Currently, an employer who pays back arrears within 14 days of receiving a Notice of Underpayment from HMRC are subject to a 50% penalty rate, which incentivises quick repayment of the money owed to employees. After penalties are doubled to 200% of arrears in April, this prompt payment rate will also double to 100% of arrears.

    Of the 92 employers named on 5 February, 66 paid back the arrears they owed within 14 days, and were therefore subject to a reduced penalty rate.

  • Chris Leslie – 2016 Parliamentary Question to the Department for Business, Innovation and Skills

    Chris Leslie – 2016 Parliamentary Question to the Department for Business, Innovation and Skills

    The below Parliamentary question was asked by Chris Leslie on 2016-03-10.

    To ask the Secretary of State for Business, Innovation and Skills, whether he plans to conduct an equality impact assessment on the effect of changes to the Disabled Students’ Allowance.

    Joseph Johnson

    An Equality Analysis was undertaken as part of the consultation exercise on reforms to Disabled Students’ Allowances. This was published on 2 December 2015.

  • Chris Leslie – 2016 Parliamentary Question to the Department for Business, Innovation and Skills

    Chris Leslie – 2016 Parliamentary Question to the Department for Business, Innovation and Skills

    The below Parliamentary question was asked by Chris Leslie on 2016-03-10.

    To ask the Secretary of State for Business, Innovation and Skills, what assessment he has made of the effect of the changes to the Disabled Students’ Allowance on the number of university applications in the forthcoming academic year.

    Joseph Johnson

    The reform of Disabled Students’ Allowances is intended to ensure higher education institutions are consistently meeting their duties to disabled students under the Equality Act, and is not expected to impact on application rates.

    The Government carried out an Equality Analysis as part of the recent consultation on reforms to Disabled Students’ Allowances. This is available online at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/481527/bis-15-658-disabled-students-allowances-equality-analysis.pdf

    “

  • Lord Scriven – 2016 Parliamentary Question to the Department of Health

    Lord Scriven – 2016 Parliamentary Question to the Department of Health

    The below Parliamentary question was asked by Lord Scriven on 2016-03-10.

    To ask Her Majesty’s Government, further to the Written Answer by Lord Prior of Brampton on 10 March (HL6471), whether the Secretary of State for Health or any other Minister was made aware of NHS England’s plan to introduce a sugar tax on its premises by 2020 before it was made public; if so, which Ministers were made aware; when they were made aware; and what was the reasoning for the Secretary of State or Minister being informed.

    Lord Prior of Brampton

    We have a range of conversations about key issues at Ministerial and official level with NHS England. NHS England is independent and the decision on a sugar levy on the National Health Service estate is a matter for them operationally. We are interested to see the results of their consultation on a sugar levy.

    The Childhood Obesity Strategy will be published in the summer.

  • Lord Scriven – 2016 Parliamentary Question to the Department of Health

    Lord Scriven – 2016 Parliamentary Question to the Department of Health

    The below Parliamentary question was asked by Lord Scriven on 2016-03-10.

    To ask Her Majesty’s Government, further to the Written Answer by Lord Prior of Brampton on 10 March (HL6471), what specific advice they were asked for before NHS England announced its plan to introduce a sugar tax on its premises by 2020.

    Lord Prior of Brampton

    We have a range of conversations about key issues at Ministerial and official level with NHS England. NHS England is independent and the decision on a sugar levy on the National Health Service estate is a matter for them operationally. We are interested to see the results of their consultation on a sugar levy.

    The Childhood Obesity Strategy will be published in the summer.