(6 years, 5 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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I most thoroughly encourage everyone to go along to that Mackintosh exhibition in Kelvingrove and, indeed, to visit any of Mackintosh’s other properties, if they have not done so, or attend the Willow Tea Rooms in Sauchiehall Street.
I agree with and associate myself with the remarks that everyone has made about the heartbreaking scenes on Friday night. Does the Secretary of State agree that the creative arts and creative industries can find young people work in a way that conventional industry cannot? Will he take that into account when he considers what Government funding will be available?
(6 years, 5 months ago)
Commons ChamberThe others on the SNP Benches have perhaps sought to hide it a bit more, but the hon. Gentleman did not: he is very clear that this is all about having another independence referendum. I am afraid that on that matter we are never going to agree.
It was no surprise a few moments ago to hear the Secretary of State condemn walk-outs, given that 30 years ago his party legislated to deny workers that right in every other workplace. He made no mention in his statement of anything about the views of civic Scotland. There has been an overwhelming negative reaction, such as that from the Scottish Trades Union Congress, to the current form of clause 11 of the European Union (Withdrawal) Bill. Does the he not agree with the STUC that in its current form clause 11 is devolution’s greatest ever crisis?
I most certainly do not agree with that assessment. The feedback that I have received from civic Scotland and from ordinary people across Scotland is that they are sick and tired of this constitutional wrangling—of this dancing on the head of a pin to find something to have a row about. They want the two Governments to work together in Scotland’s best interests and, particularly in the current circumstances, to get the best possible deal for Scotland and the rest of the UK as we leave the EU.
(9 years ago)
Commons ChamberMy hon. Friend is absolutely correct. The laughter that we are hearing from SNP Members about the discussions that we are having on this constitutional Bill is a disgrace.
It is no surprise that nationalist MPs are true to form and continue to create grievance where there is none. They offer mischief to the people of Scotland when they should be working with all parties in the House. “Better together”—that is what the people of Scotland voted for merely a year ago. They voted for a better United Kingdom of Great Britain and Northern Ireland, not separation. They do not want constitutional uncertainty; nor, for that matter, do the people of my constituency, South Leicestershire. We are a small but great island nation, and the British people are fed up with the constant mischief being created by nationalist MPs.
The truth is that nothing at all will please SNP Members. That should be no surprise, because all they want is the end of the United Kingdom. They will therefore not support any Scotland Bill, no matter what devolved powers might be offered to them. They simply do not want it.
I think my hon. Friend the Member for Edinburgh East (Tommy Sheppard), who owns a comedy club, will have found a new act.
The hon. Member for South Leicestershire (Alberto Costa) keeps mentioning new substantial powers. If his party has its way tomorrow, it will take basic industrial relations powers away from the devolved Administrations.
We can see that the respect agenda only goes from the Government Benches to the SNP Benches. There is simply no respect from SNP Members, and there is no interest in being respectful, because they simply want the destruction of Great Britain, and we will never permit that.
We must remind the House of another vow, as I did in my maiden speech. I am pleased to see that the right hon. Member for Gordon (Alex Salmond) is in his place, because we will never forget another promise that was given to the people of Scotland, and indeed to the whole United Kingdom. What was the vow that he gave? He told the voters of Scotland that the referendum was
“a once in a generation, perhaps even a once in a lifetime, opportunity”.
What disrespect SNP Members are showing the people of Scotland today. Barely a year has passed, and they are demanding another referendum. We can never again trust the SNP with any agreement on a referendum. The people of South Leicestershire are fed up with faux grievance. They want stability, and the Bill will provide stability for the whole United Kingdom.
I thank the hon. Gentleman for that.
I also thank the hon. Member for Edinburgh East (Tommy Sheppard). I usually disagree fundamentally with his contributions, but I always enjoy them. I also commend him on winning the new MP of the year award from The Spectator. He and the hon. Member for Paisley and Renfrewshire North (Gavin Newlands) touched on the Sewel convention—the legislative consent motion procedure in the Scottish Parliament. I am afraid that I do not agree with their proposals. The Sewel convention has been set out in the Bill, as required by the Smith commission.
I want to respond to all the points raised on the new clauses and amendments if I can.
The hon. Member for Nottingham North (Mr Allen) has put forward various suggestions on local government. On the one hand, I agree with the SNP that it is a matter for the Scottish Parliament to determine the nature of local government in Scotland. On the other hand, I agree with the hon. Gentleman that as many matters as possible in Scotland should be devolved locally. Indeed, that was one of Lord Smith’s proposals for the Bill.
On the question of permanence, I am glad that the current proposal, which I had previously shared with the Scottish Government and the Devolved Powers Committee, meets everyone’s aspirations. In response to the hon. Member for Caerphilly (Wayne David), this is an important proposal which demonstrates what the people of Scotland have clearly indicated they wish to see in the legislation. I am also pleased that the proposals relating to elections have been relatively uncontentious, as were the measures relating to a super-majority. I therefore hope that the amendments to those measures will not be pressed to a vote.
I am afraid that I cannot agree with Labour’s proposal for the full amount of VAT raised in Scotland to be assigned to Scotland. It was a key part of the Smith agreement that half the VAT revenue should be so assigned, in order to ensure a stable balance between encouraging Scotland’s economy to grow and insulating the Scottish Government’s budget from UK-wide economic shocks. I hope that the relevant amendment will therefore not be pressed to a vote.
The question of human rights was raised by the hon. and learned Member for Edinburgh South West (Joanna Cherry). I have found her previous contributions to this Parliament to be based on fact and not on politics, so it will not surprise her to learn that I was disappointed with her contribution this evening. This is an important issue. The House will be aware that we have outlined our proposal to reform and modernise our human rights framework by replacing the Human Rights Act with a Bill of Rights. Of course I am very aware of the possible devolution implications of reform, and we will engage with the devolved Administrations as we develop these proposals. We spoke about this matter in Committee, and the Government’s view has not changed. The Government are working on proposals for the reform of the human rights framework, and we will bring forward those proposals in due course, in consultation with the devolved Administrations.
The fiscal framework has also been discussed today. I want to put on record the fact that I am absolutely confident that John Swinney, negotiating on behalf of the Scottish Government, will be able to get a good deal for them. I have that confidence in Mr Swinney, and I know that he and the UK Government are absolutely committed to achieving that objective. We have had a number of detailed discussions on the fiscal framework, and we agreed at the start that we would not provide a running commentary on those negotiations. Nothing is agreed until everything is agreed. However, there is no suggestion that agreement cannot be reached, and it will be an agreement that is fair for Scotland and fair for the rest of the United Kingdom. I look forward to Members of this House and of the Scottish Parliament being able to properly scrutinise that agreement.
I am very conscious of time and I need to move on.
The bottom line is that we would rather not be at the mercy of the UK Government. I would rather that we had the powers in Scotland not simply to mitigate the worst side effects of Tory policies, but to develop better alternatives.
With the very limited welfare powers in the Bill, the Scottish Government have already made a range of commitments about how they will use them and develop ways forward. They have committed to ensuring that carer’s allowance matches jobseeker’s allowance; to abolishing the bedroom tax; to replacing the Work programme, which is just not working; and to using the flexibilities in universal credit to offer people more choice about how they manage the money, and they have consulted more than 70 stakeholders about how the new powers can best be used in the interests of our people.
Our new clause 19 would devolve control over employment rights and industrial relations, including trade union law—another area where the Bill falls far short of the Smith commission recommendations. Once again, the new clause is extremely topical, given that tomorrow we will conclude our consideration of the Trade Union Bill. Last week, I met trade union members from my constituency who left me in no doubt about the harm the Bill could do to industrial relations in Scotland and throughout the UK. By contrast, the new clause would allow the Scottish Government to take a different approach and maintain the benefits of the largely stable and constructive relations we have in Scotland.
Will my hon. Friend confirm that Scotland’s workers’ parliament, the STUC general council, supports the devolution of employment law and industrial relations? One reason for that is so that we can do more work with the Scottish fair work convention and stop the scandalous situation of 46,540 cases of unfair treatment in the workplace?
My hon. Friend makes a pertinent and important point. In calling for the transfer of powers of employment law, health and safety, trade union law and the minimum wage, the STUC has noted the appetite in Scotland for reducing income inequality and the desire to forge a more positive relationship with trade unions.
(9 years, 4 months ago)
Commons ChamberI used a not dissimilar argument when it came to the lobbying on where the aircraft carriers would be built. I argued that there should be fair treatment of Scotland, with Rosyth playing a key part in the construction and assembly of those aircraft carriers.
The lesson of history on those great battles was that unity of Scotland and England and unity of Scottish and English workers are key. On other fronts, I have to say that some of the proposals emanating from the SNP cause grave concern, such as those on the future of pay bargaining. We fought throughout the Conservative years against the regionalisation of public sector pay bargaining. We were able effectively to see that off. To go down the path of separate agreements for Scotland, then for England, then for Wales and then for the regions of England would once again divide workers when unity is strength.
I respect the hon. Gentleman’s trade union activity. On pay bargaining, though, I fear that he is somewhat confused, as local government pay in Scotland is separate from that in England and Wales. In Scotland, the two-tier workforce agreement is still in place, which the Conservative Government dumped when they were elected in 2010. There are already discrepancies.
In my trade union life, I frequently negotiated no compulsory redundancy agreements in a whole number of cities and throughout England, Wales and Scotland.
The hon. Gentleman seems to be very concerned about pay discrepancies. What is his view of the Scottish Trades Union Congress’s position? It said in evidence to the Scottish Parliament’s Devolution (Further Powers) Committee that issues such as the minimum wage fitted better in a devolved Scotland.
I shall come to exactly that point. New clause 63 in essence says, “Look before you leap.” I do not want unity and solidarity between England and Scotland and between English and Scottish workers to become history. I do not want the border between England and Scotland to become an exploitation zone with employers able to take advantage of different arrangements.
There is a point of difference between us on how we interpret this issue. The 13 organisations that have written to us are experts in this field and have asked us to vote against the amendment, and I think we should listen to them. I do not disagree with the hon. Lady. Everyone has their own views, not only on this, but on the devolution process. I just feel that, having weighed up all the issues, we should listen to what the 13 organisations have said, follow the proper process outlined by Smith and see where we go.
The third reason for our opposition is that the UK already has a two-tier system on abortion, with a different legal position in Northern Ireland. That has been heavily criticised by human rights organisations and the United Nations. We do not wish to create yet another category of abortion law in the United Kingdom that could fall foul of them. That is not to say that devolution might not be desirable at some point in the future, but let us go through the proper process.
The devolution of abortion law would mean that the Scottish Parliament would have to start from scratch. The law is established and is operating effectively in the United Kingdom. It should continue to operate across the UK and be determined by the best clinical advice available.
New clause 64 would fully devolve responsibility for enforcement of equalities legislation to the Scottish Parliament. An important principle of devolution is that it should not lead to the exercise of power becoming disjointed across nations. As some of my hon. Friends have made abundantly clear, we believe that legislation on employment rights must remain consistent across the United Kingdom in a single market, in order to avoid any erosion of those rights and a subsequent race to the bottom on pay, terms, conditions and practices.
To quote the Trades Union Congress:
“Any move to devolve responsibility for employment and trade union rights could have profound implications not just for working people in Scotland, but across the whole of the UK. The TUC would strongly counsel against a ‘race to the bottom’, with the Scottish and Westminster governments competing to attract investment by promoting a more de-regulated labour market.”
That is what we see right across the world in terms of competing markets, particularly labour markets. I agree with the TUC. Given that we do not propose to devolve employment law, it would be neither consistent nor desirable to devolve equalities legislation, because they are inextricably linked. I will speak about the specific issue of the national minimum wage at the end of my contribution.
The hon. Gentleman has quoted the TUC, but in various debates on the Bill he has quoted the STUC. Will he confirm that the STUC is clear that employment law and health and safety law should be devolved to the Scottish Parliament?
I do not disagree with the hon. Gentleman: that is the STUC’s view. The TUC takes a slightly different view. We have to be very careful, as the TUC points out, that we do not create a race to the bottom. As I have said, it strongly counsels against a race to the bottom.
It is clear that the Scottish National party’s strategy is not to have a proper debate and discuss the fundamental points about the risk of undermining the national minimum wage, but merely to paint people as being in the pockets of other Governments or political parties.
The hon. Gentleman is right that many progressive Governments have pushed forward issues such as those he mentioned, but the national minimum wage, freedom of information and the ban on smoking inside were progressive changes pushed through by Labour Governments. The Labour party will fight for the national minimum wage not to be fragmented and undermined in a race to the bottom. The TUC has agreed with that, and the Bakers, Food and Allied Workers Union felt that it had to put out a press release today to ensure that the minimum wage was not undermined. My new clause 63 suggests that the Low Pay Commission looks sensibly at proposals to ensure that that does not happen.
The hon. Gentleman has mentioned the views of the TUC and the BFAWU. Can he confirm that the two largest trade unions in Scotland, Unison Scotland and Unite Scotland, gave evidence to the Smith commission saying that they wanted responsibility for the national minimum wage to be devolved to the Scottish Parliament?
They have argued that, but the Union of Shop, Distributive and Allied Workers and the GMB have argued that it should not be devolved because they are worried about a race to the bottom. If the hon. Gentleman reads my new clause 63, he will see that I am asking for the Low Pay Commission to look at the issue and ensure that the minimum wage is not undermined. The worst possible result that this Parliament could leave for future generations would be the undermining of the national minimum wage not just in Scotland but across the entire United Kingdom. I hope that the Committee will support the new clause, to ensure that we do not throw the baby out with the bathwater. Let us listen to what the unions and the TUC are telling us. I commend all our amendments and new clauses to the House.
I thank my hon. Friend for that intervention—South Lanarkshire, North Lanarkshire and Glasgow councils are in much the same situation, with a Labour administration that has failed to take action on equal pay. There are still a number of outstanding claims.
The Scottish Government will introduce an equal pay Bill to deliver equal pay law that works for women in Scotland. They would consult on how new regulations or structures can be created by the Bill to expedite the equal pay claims process, and ensure that settlements are enforced quickly—something that Labour administrations in Scotland have failed to do. They will seek to maintain the protections provided by the Equality Act 2010, and will ask the Government to engage with key stakeholders on potential improvements. They will support calls to establish a race committee to advise the work of the Equality and Human Rights Commission.
I welcome new clauses 56 and 66 on devolving abortion laws to the Scottish Parliament—we welcome powers for Scotland. I hasten to remind Members that I will focus on the substantive subject of who has the power to make laws, rather than on the views of individual Members on this matter. The SNP remains absolutely clear: the Scottish Government have no plans to change the legislation, but we will support and welcome the devolution of further powers to the Scottish Parliament under the Bill.
Together with our colleagues in the Scottish Government we will demand that section 78 of the Equalities Act 2010 is commenced. Under the Bill, however, it remains reserved, and to see real change we need to go further. The amendments have been tabled for a simple reason: it is unacceptable that 45 years after the Equal Pay Act 1970, the gender pay gap remains. Urgent action needs to be taken, and the Scottish Government have proven that where they have power, they take action. They have extended childcare provision and made it more flexible. They have funded campaigns to promote family-friendly working in Scotland, including an investment of £100,000 in the working families initiative that supports a range of activities to promote flexible working. They have ensured that public authorities with more than 150 employees publish their gender pay gap, and they have provided continued support for CareerWISE, which encourages girls and young women to consider careers in science, engineering and technology.
The Office for National Statistics showed that in Scotland the gender pay gap sits at 8.9% for full-time employees compared with 9.4% for the UK and 9.9% for England. On part-time employment, it sits at minus 7.2% in Scotland, compared with minus 5.5% for the UK and minus 5.6% in England. Although the SNP welcomes the fact that Scotland is leading the way on gender equality, we recognise that more has to be done. I therefore support the amendments and new clauses, and urge us to continue discussing these issues. If the Government will not act to reduce inequality, they should not stand in the way of the Scottish Government.
I declare my membership of Unison and my trade union activity over the past 20 years. It was disappointing to hear the hon. Member for Caerphilly (Wayne David) shout across to SNP Members that we do not care for workers and working people—I hope he will reflect on that because a number of SNP Members have been involved in trade union activity in the past.
If the hon. Gentleman was concerned about workers throughout the United Kingdom, he would certainly accept Labour’s amendment to consider all the pros and cons of a case for the fragmentation of the national minimum wage.
I care about workers across the world, and I will be quoting from the Scottish Trades Union Congress and stating how it views the situation.
In speaking to new clause 47, I will not only outline why we believe it to be necessary, but produce supporting evidence from independent organisations in Scotland that have stated the clear benefits they see from devolving employment law. We believe that having such powers at Holyrood is essential to driving forward fairer pay and better working conditions in Scotland. Our priority is empowering Scotland to tackle inequality, for which we have a clear mandate from the voters. If the route out of poverty is work, it follows that we must argue for real powers to deliver it.
A coherent and integrated Scottish employment policy would address inequality and poverty by helping to get people into work, sustain employment and tackle low pay. That is why we seek the devolving of the national minimum wage to Scotland as a priority, as that would enable the Scottish Parliament to do more to address low pay and in-work poverty.
Our 2015 general election manifesto set out plans to raise the minimum wage to £8.70 by 2020, which is equivalent to the average national minimum wage growth between 1999 and 2007, and would go some way to reversing the below-inflation increases that took place between 2007 and 2014. Putting that power firmly in Scotland’s hands would allow us to legislate for further increases to match the living wage over time. Devolution would also allow the Scottish Government to integrate national minimum wage policy into the devolved income tax and welfare systems to ensure a targeted and joined-up approach to addressing in-work poverty.
Why do we need employment law to be devolved? The recent report by Citizens Advice Scotland, “Fair Enough?”, sets out in detail the problems with the current employment law system. Last year, the service dealt with 46,540 cases of unfair treatment in the workplace, and fully expects that number to rise. Those cases include dismissal for unfair reasons such as sickness, attempting to take holiday or even pregnancy. Some workers were even informed of their dismissal by text message. That backs up my own experiences before arriving in this place, where—even in local government—employers engaged in behaviour that they thought they could legally get away with rather than adhere to best practice.
There is widespread anger in Scotland at the attacks on employment rights, equalities and trade union rights from the coalition, and now from the majority Tory Government. Their approach is leading to an economy in which work is less well paid, less secure and less permanent. Local economies suffer in a low-wage, low-reward economy. A better way is required. For example, devolution of this issue would enable us to end the unfair and exploitative zero-hours contracts that create unacceptable levels of uncertainty and financial insecurity for low-paid workers.
Our policy approach to employment law and workplace issues is evidence-based. In February 2014, the Scottish Government commissioned the “Working Together” independent review of progressive workplace policies and practices in the public and private sectors in Scotland. The review group was convinced that the economic and social challenges and opportunities facing Scotland were more likely to be addressed successfully in an environment where trade unions played their full part.
Following the review, the Fair Work Convention was established to develop a fair employment and workplace framework based on national and international research and leading-edge practice for Scotland, and to deliver a practical blueprint for implementation by 2016. It will provide independent advice to the Scottish Government on all matters relating to fair work, and it could play a bigger role in future years. For instance, the Fair Work Convention could work with ACAS, trade unions and other stakeholders, such as Citizens Advice Scotland, to promote awareness of basic rights at work and how to assert them for employees and employers alike. The convention could also take on a role overseeing enforcement of employment law under Scots law. In other words, we have thought through how this would work in practice.
There is a strong economic argument that devolving employment law would bring opportunities for innovation that would enhance productivity, workplace development, labour market security and resilience. We observe a lack of coherence in the Government’s proposals because they would devolve the administration of tribunals, but not the substantive laws they administer, including employment law. Far from settling the issue, that keeps the pot boiling: a lack of clarity and purpose in legislation means that the only guarantee is that it will be revisited at some point. This is an opportunity to do it right the first time.
The hon. Gentleman’s amendments would devolve the pneumoconiosis legislation to Scotland. What is the Scottish Government’s intention for that scheme, which pays out to workers who suffer that condition?
I will come back to that point.
Our approach is evidence-based. The 30 detailed recommendations of the “Working Together” report are a strong foundation to build on if we have more powers, and I commend that report to the Committee. We also support the devolution of trade union laws to maintain the largely stable and productive industrial relations in Scotland, underpinned by the long-standing strategic partnership between the Scottish Government and the Scottish Trades Union Congress.
My hon. Friend will be familiar with the Scottish Government’s action to reverse the House of Lords ruling on pleural plaques. If the Scottish Government had not had the power to do that, in the case of a significant condition that was being wrongfully put outwith the scope of industrial compensation, many people in Scotland would be in an extremely disadvantaged position—people who had suffered worry for years. Is not that an example of why these powers should be devolved?
I agree with my right hon. Friend, and he signed two memorandums of understanding with the STUC on improving workers’ rights in Scotland.
The devolution of trade union laws would also allow us to block the proposed assaults on workers’ rights, such as current plans to restrict the right to take industrial action. We seek protection for working people from a Government that are charging down an ideological cul-de-sac with an anti-trade union agenda based on a historical prejudice and a casual approach to legislation that borders on incoherence. The question for the Committee is whether Scotland can take a different approach based on the needs of Scotland.
New clause 48 would devolve the Health and Safety at Work etc. Act 1974. That would enable the Scottish Parliament to take responsibility for all aspects of workplace health and safety legislation, regulation and enforcement. The Smith commission did not recommend the devolution of health and safety law, but it did recommend a review of
“the functions and operations of the Health and Safety Executive in Scotland and…how the future requirements to best serve the people of Scotland could be delivered operationally whilst remaining within a reserved health and safety legislative framework”.
In other words, a bit of a waffle, served up with fudge.
We consider that the Scotland Bill would benefit from being strengthened by devolving workplace health and safety legislation and regulation to the Scottish Parliament. In evidence to the Scottish Parliament Devolution (Further Powers) Committee, Dave Moxham, general secretary of the STUC, said that
“the trade union movement in Scotland is looking extremely closely and with a not uncritical eye at the potential to devolve a range of powers relating to what we categorise as workplace protections, including employment law, the minimum wage and health and safety, that in our view fit the committee’s prescription for improving the quality of work and wages and reducing the benefits bill.”
While we recognise the value of being able to deliver a distinctively Scottish approach, our amendment would make provision for the UK-wide Health and Safety Executive to continue to deliver health and safety regulation in Scotland as a cross-border public authority. That would ensure continued enforcement in the short term while allowing the Scottish Parliament to develop an alternative approach in the future. Making the Scottish Parliament responsible for workplace health and safety in Scotland would ensure that regulation is informed by evidence and the needs of Scottish workers and businesses. While providing for the continued role of the Health and Safety Executive in the short term, Holyrood would be able to consider ways to improve health and safety law in Scotland.
Further devolution would also allow for greater coherence across regulatory bodies, with some areas such as fire and environmental protection already devolved. In particular, the tensions across the devolved regulatory duties of local government, such as food safety, and the reserved ones, such as health and safety, could be addressed.
In areas where there are strong cross-border interests and specialist requirements, such as offshore oil and gas, there would be mechanisms to ensure the Scottish and UK regimes complement each other. Devolving health and safety law would thus empower the Scottish Parliament to consider potential improvements to the regime, while being mindful of cross-border needs and sensitivities. The Unison Scotland submission to Smith accurately pointed out that devolution of powers over health and safety could improve Scotland’s poor record in health and safety at work.
Two years ago this August, I sat in an emergency room when a helicopter went down off the coast of Shetland. Sadly, the service company I worked for lost a colleague in that accident. During my time there, I had to communicate a number of offshore industrial accidents. It would be fair to say that my hon. Friend’s views chime with mine. First-hand experience tells me that having powers over regulation could help us to improve our safety record both onshore and offshore, and in industries such as oil and gas.
My hon. Friend gives a first-hand account of why our health and safety laws should be devolved to the Scottish Parliament.
Scotland has different industry structures that may in part explain the differences. In addition, other aspects of health and safety, including the NHS and local authority roles, are already devolved and could be joined up more effectively if the whole service was devolved.
In conclusion, we have outlined the rationale for greater control over all aspects of workplace policy. We have a policy approach informed by consultation and backed up by evidence. With the electoral mandate from the people of Scotland to deliver, I urge all Members to consider carefully our proposals and respect the good intent behind them.
Those who feel that they are being referred to should take that upon themselves, but surely they would not wish to injure the rest of the Union. Surely that is not a price that anyone would pay. A body that could analyse what happens as Scotland evolves would benefit its near neighbours, and it could be of great use as we continue the discussions on Scottish devolution.