I have asked for this debate as I believe that the United Kingdom Government’s Trade Union Bill presents a threat to the fundamental rights of workers and an unacceptable threat to Scotland’s approach to industrial relations.
Let me cut to the chase—there is no part of the bill that we think is a good idea and we think that the whole bill is a thoroughly bad idea. It is bad for workers, it is bad for business and it is bad for Scotland. For that reason, I have asked the UK Government to exclude Scotland from the bill in its entirety. However, if the UK Government is unwilling to exclude us, I have made it clear that it should seek the consent of the Scottish Parliament before attempting to impose this ill-thought-through legislation on Scotland.
I have asked our legal advisers to explore several possible bases for a legislative consent memorandum and motion. The first of those is a letter written by the UK Minister of State for Skills, Nick Boles, on 22 October, to the lead bill committee at Westminster. That letter suggested that secretaries of state should be given responsibility for making regulations to impose public requirements on employers in their portfolios. On that basis, the Scottish ministers would be responsible for making those decisions in Scotland, for example in relation to health service bodies and local authorities.
Secondly, I am concerned about the impact on public authorities in Scotland, which are largely devolved, in particular the impact on the assets of public authorities, including their employment contracts and good industrial relations.
A third area to explore is whether the bill breaches the terms of the European convention on human rights. The arguments that have been put to me by the Scottish Trades Union Congress and, in a highly significant move, the Law Society of Scotland indicates that that may be the case.
Finally, we believe that the bill impacts on the Agricultural Wages (Scotland) Act 1949, which is a devolved area of responsibility, and in particular on the section of that act that relates to the terms and conditions of employment for workers who are employed in agriculture.
All those issues might give grounds for the Parliament to seek consent, but we must be aware that this is uncharted territory. We have never before been in a position in which the UK and Scottish Governments have not agreed on issues of legislative consent. That is indicative of the importance of the bill and, unfortunately, the lack of dialogue from the UK Government before the bill was introduced.
Ultimately, it will be for the parliamentary authorities to decide on the need for a consent motion, but the political will of the Government is clear. In my view, it is entirely right that the Parliament has the opportunity to vote on proposed legislation that I believe is aggressive, regressive and an unwarranted ideological attack on workers’ rights. The bill is not supported by any evidence but is driven by dogma and is designed to undermine the trade union movement. I believe that many members who are in the chamber will share my concerns.
I am disappointed but not surprised to note that at no point ahead of publishing the bill did the UK Government seek our views on how the measures will apply to Scotland. Unless the bill is amended, it will undoubtedly have an impact on the way in which many of our public sector bodies operate in areas of devolved responsibility. The UK Government has made no attempt to understand the Scottish position or to address the concerns that we have raised. That stance was very evident on Tuesday 13 October when I, together with Grahame Smith from the STUC, gave evidence to the House of Commons standing committee on the bill, which, it has to be said, was an interesting experience worth a whole different speech. Tory members on that committee made it crystal clear that they had not the slightest interest in the potential impact of the bill and intend to legislate regardless of any consequences.
That is just not acceptable. It does not reflect a mature devolution settlement and it is one of the reasons why I have asked that Scotland be excluded from the bill altogether. Given the significant impact that the bill will have, at the very least the UK Government should have to seek the approval of the Scottish Parliament before enforcing the legislation in Scotland.
Our programme for government sets out a vision of Scotland being the best place in the UK to do business. Our economic strategy outlines our plans to develop a Scotland where everyone can reap the benefits of an inclusive and growing economy. Our commitment to fair work is central to those aspirations, and that must be built on a progressive approach to industrial relations that delivers a fairer and more successful society. Of course, that is the approach that many of the most successful European countries have taken.
Trade unions are key social partners. There is clear evidence that unionised workplaces have more engaged staff, a higher level of staff training and a progressive approach to staff wellbeing. As the cabinet secretary with responsibility for fair work, part of my role is to ensure that Scotland takes a progressive approach in the area of employment rights, which I am absolutely committed to doing. Since the start of the current Administration in 2007, industrial disputes in Scotland have decreased by 84 per cent. The Scottish trend in days lost to industrial disputes is the lowest of all the UK nations, which I believe is a reflection of our commitment to effective industrial relations in Scotland. Our strategy underlines the belief that a progressive approach to industrial relations and to trade unionism is at the very heart of a fairer and more successful society.
The proposals that are set out in the Trade Union Bill are totally at odds with that approach. My real fear is that if the bill is enacted as it is now, it will destabilise the balance of the employer-employee relationship, which will make it more difficult for employers to have their voice heard, will encourage conflict with unions and will make employees feel further removed from their working environment.
Last year’s working together review, chaired by former Minister for Enterprise, Energy and Tourism, Jim Mather, highlighted the importance of unions to the success of both businesses and their workers. We have already undertaken many of the review recommendations, and earlier this year I set out how all of the recommendations would be taken forward. That included additional funding for the STUC, part of which will be used to support unions in developing their leadership capacity, which is an important sign of our commitment to supporting the positive role of unions in the workplace.
We would rather bring unions, employees and employers together in a more constructive dialogue. The fair work convention shows how we are doing that in practice, asking unions and employers to work together to develop a shared framework for fair work by March 2016. Just this week, I have received a letter from the co-chairs of that convention, setting out their concerns that the Trade Union Bill risks undermining the constructive relationship between employers and unions that forms the foundations of the fair work approach. I deeply share their reservations. The importance of employment rights must not be understated. They serve to not only protect the opportunity and dignity of individual employees, but strengthen our workforce, workplaces and economy.
In its statement on the UK Government proposals, the campaign organisation Liberty says that the bill’s proposals
“represent a significant, unnecessary and unjustified intrusion by the State into the freedom of association and assembly of trade union members, undermine the right to private and family life, and jeopardise the UK’s important history of supporting peaceful protest.”
As Liberty also points out, it is difficult to identify any evidence for the bill proposals. Even the UK Government’s own Regulatory Policy Committee has described the impact assessments that support the bill as “not fit for purpose” and highlights a severe lack of evidence to support the Tories’ proposed legislation.
There is a clear recurring theme here. Far from increasing turnout and democratising the ballot system, the bill will serve only to make it almost impossible for union members to withdraw their labour, suppressing the capabilities of organised labour. Further, the bill’s reduction in the mandate time of any ballot will not allow for constructive dialogue to seek mutually beneficial solutions. Instead, in all likelihood, it will deliver earlier negotiation breakdown or the taking of premature action, neither of which fosters effective industrial relations in partnership.
Employees must have the ability to demonstrate appropriately through strike action. Bringing in untrained agency workers raises health and safety risks if untrained or unqualified staff are brought in to deliver the roles of striking staff. I am appalled by the UK Government’s proposal for agency workers to cover a valid withdrawal of labour. The Scottish Government fundamentally opposes bringing in agency staff to cover strike action, and I make a guarantee today that we simply will not use agency workers to do so.
We have worked hard to engender a mature, positive relationship of respect and partnership with the unions that represent public service workers where there is devolved responsibility. Concerns similar to ours are shared across the wider public sector, not least about the proposals to limit facility time in the public sector. Facility time is an essential element in supporting a partnership working approach between employer and unions, and its use varies across organisations. Employers have regularly told me about their ability to call on union reps to discuss not only big changes in the workplace but also how to manage the day-to-day business effectively, and the restrictions on facility time and check-off that are proposed for the public sector, under the guise of value for money for the taxpayer, are unfounded.
Far from offering better value, those restrictions will disadvantage our public services and those who work in them, resulting in a greater cost to the taxpayer. That fact alone supports our position that it should be for individual employers to determine the services that they provide in order to support the type of industrial relations that they seek. Scottish ministers should be able to determine how we deliver our effective Scottish public services, and we will continue to do so.
So much of the impact that the proposed legislation will have remains unclear, and there is significant scope for abuse in future. The bill is being rushed through the Westminster parliamentary system with little regard for our constitutional interests or devolved differences. Extensive parts of the bill are to be set out in regulations with no formal opportunity for the Scottish Government or this Parliament to influence. It is almost as if Westminster is legislating for a perceived English problem—although I would dispute that it is even that—and has decided to impose its deeply flawed solution on Scotland and the other devolved nations with no regard whatever for the need or consequences. It is shoddy, shabby government.
I am sure that the majority of those in the chamber share my grave concerns. I propose that all parties stand together in opposing the bill and stand up for the working rights of our people. We will continue to support our public services and to do every single thing that we can to stop this bill.
It is essential that we work as part of a united effort to oppose the bill as it passes through both houses of the UK Parliament. On that basis, we must continue to make the case for a more positive approach. I do not think that we should be giving up on that.
As the First Minister has made clear, the Scottish Government has no intention of cooperating on a bill that breaches the rights of trade union members. But for now we must focus on getting Scotland excluded from the bill completely. If that is not possible, I propose that the Parliament should send a clear message that the consent of the Scottish Parliament should be sought before enacting the legislation in Scotland.
I move,
That the Parliament opposes and condemns the Trade Union Bill as proposed by the UK Government; believes that it restricts the fundamental rights of workers to organise, bargain collectively and, if necessary, withdraw their labour, and further believes that it will both undermine the effective engagement of trade unions across Scottish workplaces and, in particular, across the Scottish public sector.
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