Trade Union Bill

Baroness Randerson Excerpts

Monday 8th February 2016 Lords Chamber

[Baroness Randerson (LD)]

My Lords, I rise to speak to all the amendments in this group, both those in my name and those in the name of my noble friend Lord Purvis.

I was a Minister in the Wales Office when the Assembly’s Agricultural Sector (Wales) Bill started its passage. The purpose of that Bill was the regulation of agricultural wages. At that time, in the Wales Office our advice was simple: this Bill related to employment and industrial relations and was therefore outside the Assembly’s competence. The Welsh Government’s Counsel General argued, however, that it was within competence because it related to the agricultural sector and agriculture is a devolved issue.

In due course, that Bill was referred to the Supreme Court, which decided that it was within the Assembly’s competence because the term “agriculture” meant all aspects and constituent elements of the industry. It accepted that it could also be classified as dealing with employment issues which were non-devolved but the fact that it also related to agriculture brought it within the scope of the Assembly’s power. That is, the Supreme Court took a broad view of devolved competences. In short, given the frequent vagueness of the 2006 Act, the ruling was that, if in doubt, it is to be considered devolved. In that way, the settlement for devolution in Wales turned out to be much broader than the UK Government had assumed it to be and even broader than the Welsh Government had assumed it to be.

I tell this story because it is a very important background to the current situation we have here. It seems to me that the Government have not been listening—either that or they have failed to learn their lesson. Although I might put it rather less emotionally than the noble Baroness, Lady Morgan, I say to the Government that they are getting into very deep water on this one because it is bound to be tested legally. I do not know how much the Government have talked to the Welsh Government, but I cannot find any reference to those conversations. I cannot find any reference to discussions. Certainly, the very bulky impact assessment does not seem to refer to anything connected with the impact on the devolved Governments and on the devolved services in Scotland, Wales or Northern Ireland.