Employment Law: Devolution to Scotland

Debate between Chris Stephens and Ian Murray

Tuesday 6th September 2022 Westminster Hall

[Ian Murray]

It will have a clear commitment to implement what we are currently doing in terms of the Labour party’s commission. I am not going to discuss what is in the commission in a Westminster Hall debate because it is being finalised and will be launched in the early part of November. However, the hon. Gentleman will not be disappointed with some of the outcomes of that detailed work.

The commission is not about Scotland as such; it is about all the nations and regions that come under the umbrella of the UK. I know the hon. Gentleman does not believe in the UK, but we do and some of that is in there on devolution. That is the reason the Scottish Labour party, of which I am a member, is entitled to have a different set of policy perspectives from the UK party on a whole host of issues. Gordon Brown’s commission, which will be launched in November, will do some of that.

[Chris Stephens]

I thank the hon. Gentleman for giving way. His history is a wee bit wobbly. I gently say to him that not all the UK trade unions were opposed to the devolution of employment law, Unite being one of them. If I remember the exchanges I had with them during that debate, the hon. Gentleman was quoting the Trades Union Congress and not necessarily all the UK trade unions.

[Ian Murray]

I cannot recall who was and who was not, but the conversations that went on through the conduit of the TUC, which was responsible for taking those conversations forward, had come to the conclusion by speaking to their members that the UK trade unions would not want to devolve. Those positions may have moved since; in fact, I think the GMB’s position has moved since, which is hardly unsurprising given the state we have.

I am sorry the hon. Member for Edinburgh West (Christine Jardine) is not here after that rather difficult and strange intervention. In the time that I was the shadow Minister responsible for employment law, I sat across from the former leader of the Liberal Democrats, Jo Swinson, who was a predecessor, successor and then predecessor again to the Scottish National party in East Dunbartonshire. She was the Minister at the time and took that Bill through the House of Commons, which not only did a whole host of anti-trade union things but extended the qualifying period for employment rights from one to two years. The Liberal Democrats are not sitting on the fence; they are quite clearly on the other side and trying desperately to climb back across the right side. I am disappointed that the hon. Lady came out with that because it undermines her arguments about what she needs to do.

I conclude with a canter through the question of what the Labour party would do. Our deputy leader, my right hon. Friend the Member for Ashton-under-Lyne (Angela Rayner), launched our fair work policies at conference last year for a new deal for working people. Launching that, she said it was an attempt to make Britain the best place in the world to work. I think it is an attempt to do that. We did not develop those policies in a vacuum of ideology, which is essentially what the previous Government have operated on—I hope the new Government will be slightly better—but by working with our trade union colleagues and employers, and working together to come up with something that can be implemented for the benefit of the economy and workers.

We would strengthen workers’ rights from day one. We would take away that two-year qualifying period and take it down to day one. That is the right thing to do and it gives people security. It cannot be right to be able to sack someone without a reason at one year and 364 days. In fact, the argument I have always made on that is that if we wait until one year and 364 days to find out if someone is good enough, the manager should be sacked for not doing their job properly. They could find out much earlier in the process if someone is good enough for the job they have been employed to do.

We would ban fire and rehire; that is a fairly straightforward thing to do, which would protect workers in this country and create good businesses. I went on holiday by ferry this year, but I just could not travel on P&O; I used another ferry company. When I saw that big P&O sign as I approached Dover, I just felt disgusted that a firm would do what P&O did to its employees at a time when they require their jobs and their wages more than at any time in the past.

Banning fire and rehire would also make work more family-friendly by helping to balance home, community and family life. We have done that before, through the maternity and paternity pay brought in during the last Labour Government. We would extend statutory maternity and paternity pay now that we are out of the European Union. Shared parental leave is a big issue. In fact, I agree with the hon. Member for Arfon (Hywel Williams) regarding the uptake of shared parental leave, but I do not think it is a legal thing. I think it is a cultural thing and also about equal pay, because all the analysis shows that there is such a low uptake of shared parental leave because it is still the father who is the main or highest earner in a family, and sharing parental leave may be a cultural thing in terms of employers and employees asking for it. Those are some of the cultural barriers that we have to break down.

We would ban zero-hours contracts. All workers have the right to regular contracts and predictable hours, reasonable notice of changes in shifts, and wages paid in full for cancelled shifts. We would strengthen trade union rights, raising pay and conditions, and—crucially—we would use fair pay agreements to drive up the pay and conditions of all workers.

I did not want to be political in this debate, but some of my colleagues from the Scottish National party could not resist being political earlier, so I cannot resist now. One of the key things that a Government can use to drive up standards is procurement, and one of the biggest levers that the Scottish Government could pull, given the powers of the Scottish Parliament, is procurement, using it to drive up standards.

However, we have just seen £700 million of licences for ScotWind being issued to companies with no procurement specifications on wages, local employment, apprenticeships and all those kinds of workers’ rights. So, yes, devolving these matters might be the right thing to do, but my challenge to the SNP is not about the principle of devolution but to tell us what it would with it.

Motor Neurone Disease/Gordon Aikman

Debate between Chris Stephens and Ian Murray

Monday 20th February 2017 Commons Chamber

[Ian Murray]

I am delighted that the hon. Gentleman was able to intervene to emphasise the good work that MND associations, including MND Scotland, do across the country. I pay tribute to him for highlighting that good work in the House and I ask him to pass on our best wishes to his constituents who are stricken by this dreadful disease.

Gordon Aikman was only 29 when he was diagnosed with MND. He was given 14 months to live but, as was usual with Gordon, his dedication and determination made sure he doubled that to 28. Gordon died leaving behind a loving husband, Joe, who is with us this evening, a doting mother, Nancy, and a devoted sister, Lorraine. He has become a twinkling star in the sky for his young niece Ailidh and young nephew Murray, who would describe Gordon as “Uncle Gordon with wheels” when he was in his wheelchair. He leaves behind friends whose lives will forever have a Gordon Aikman-shaped hole in them. All our thoughts at this time go out to everyone who knew him.

Gordon leaves a legacy that few of us will ever be able to match. Gordon was an inspiration: dedicated, intelligent, meticulous and simply a lovely person to be around. He touched the lives of everyone who had the pleasure of getting to know him and spend time with him. He was a graduate of the University of Edinburgh and a former gymnast who represented Scotland. He was working as director of research for Better Together, the campaign to keep Scotland in the UK, during the Scottish independence referendum in 2014 when he fell ill. He had gone to the doctors with recurring numbness in his hands. He was beginning to find it difficult to tie his shoelaces and button his shirts. He anticipated, as we all do, that a pack of pills and a bit of rest would do the trick. How wrong could he be?

I cannot do justice to what happened to Gordon, so I will let Gordon tell his own story in his own words, quoting from the moving Scotland on Sunday article he wrote in the week he was given the sad news. He wrote:

“I am lying on a cold hospital bed, stripped down with electrodes stuck all over my skin. A doctor quietly takes notes as pulses race through my body. After almost an hour I get back into my suit, ready for a packed day of calls and meetings.

The doctor steps out to speak to my consultant. I flick through the morning’s headlines on Twitter and quickly check my email as I wait. In my job as director of research at Better Together, I have got to be up to date. The doctor is gone some time. My appointment has already overrun. I’m irritated. He returns and says: ‘Your neurologist would like to see you at 1.15 tomorrow.’

‘Tomorrow won’t work. I have meetings. Meetings I can’t miss.’ He tilts his head to one side, holding my stare for what seems like an eternity, before stressing: ‘Your neurologist will see you tomorrow. 1.15.’ The penny starts to drop. Suddenly that conference on the economics of independence seems far less important. Fast-forward 24 hours and I am back at Edinburgh’s Western General. This time I sit opposite my consultant neurologist; a young, caring face looks back. He speaks softly, but this time the atmosphere is different. He talks slowly. He pauses. I know it isn’t good news, but nothing could prepare me for what he is about to say.

Tears form in his eyes as he explains that all the diagnostic tests point to something called Motor Neurone Disease or MND. I’m confused. ‘That doesn’t sound good,’ I respond awkwardly, thinking to myself: ‘I don’t have time for this.’ He asks what I know about MND. ‘Very little,’ is my honest answer.

‘It is a rare, progressive and debilitating disease,’ he explains, ‘that attacks the brain and spinal cord.’ I don’t believe what he is telling me. I shake my head in disbelief. ‘In time,’ he says, ‘it will lead to weakness, and muscle wasting,’ affecting how I walk, talk, eat, drink and breathe. How could this be? My symptoms seemed so innocuous. ‘Why me? Why now?’ I ask. He bites his lip, before replying candidly: ‘We just don’t know unfortunately.’ 

When I press further, he concedes: ‘There is no cure.’ I cut to the chase: ‘What is the prognosis? How long will I live?’ Hesitant, he prefixes his answer with ‘everybody is different’ and ‘it is difficult to predict’. He then wells up before admitting that we are talking ‘just a few years’. My head is a mess. I stand up, walk across to the window, run my hands through my hair and stare out into the middle distance. My mind goes blank. I don’t know what do. I’m 29 years old and I have just been given a death sentence.”

Gordon went on to write:

“When you are told you are dying you face a choice: you can wallow in self-pity, or you can make the most of what you’ve got”.

And, my goodness, Gordon certainly made the most of what he had. He married his husband Joe and travelled extensively. As we heard at the funeral and the celebration of Gordon’s life on Saturday, he travelled to New York, Boston, Amsterdam, Dublin, Stockholm, Madrid, Tenerife, Prague, Tuscany, Newquay, Paris, Cork, Munich, Orkney, Fort William and California, as well as Israel, South Africa, Switzerland, and had a trip on the Queen Mary II and a break in Iceland to see the northern lights. If I have missed any, I apologise. He also spent as much time as he could with his family and his friends.

With all of that, Gordon was determined to ensure that those who suffered from MND got the best care, the best deal and the hope of a cure in the future. Understanding lies at the root of all human endeavour. In order to defeat something, we must find out what it is first, so here is what we do know and, most importantly for tonight’s debate, what we do not know about MND.

[Chris Stephens (Glasgow South West) (SNP)]

I congratulate the hon. Gentleman on securing this debate. I agree with him that Gordon Aikman was indeed an inspiration. Does he agree that his campaigning work, particularly with the First Minister of Scotland, ensuring changes to the law around voice therapy, for example, and doubling the number of specialist nurses, was important to his campaign?

[Ian Murray]

I do agree, and I am delighted that the hon. Gentleman was able to make that point, but as the First Minister said on Saturday at the celebration of Gordon’s life, all the credit for those changes to care in Scotland goes to Gordon and his campaign. There is a need for us all now to take that campaign and make sure that the rest is delivered.

Researchers have yet to discover how or why people develop the disease. In Gordon’s case and in around 95% of diagnoses, there is no family history of the condition. MND is a fatal, rapidly progressing neurological disease that affects the brain and spinal cord. It can leave people locked in a failing body, unable to move, talk or, eventually, breathe. It kills a third of people within a year and more than 50% within two years of diagnosis. It affects up to 5,000 adults at any one time in the UK and kills six people every day in the UK.

Type 26 Frigates: Clyde

Debate between Chris Stephens and Ian Murray

Tuesday 18th October 2016 Westminster Hall

[Chris Stephens]

The hon. Gentleman may say that, and I may come on to that point, but the Government have never confirmed that that is the reason for the delay, and it would be useful if they were to say that today. If he is correct that there was a lack of money, I am sure that there are Committees and hon. Members in the House who would want to ask what happened with the money.

Lord West suggested to the Defence Committee that the defence budget for shipbuilding was spent. In answer to a question from my hon. Friend the Member for Dunfermline and West Fife (Douglas Chapman), he said:

“Shall I tell you what the problem is? Notwithstanding having said how much extra money there is for defence, in the near years there is not. There is almost no extra money available this year, and we are really strapped next year. The Government aren’t coming clean about that. I think if they did, people would understand.”

In answer to further questions, he outlined that delays can be costly in the long run. In response to the Chair of the Committee, he said:

“Every delay costs you money. These delays all cost money. You need a steady drumbeat of orders to keep high-tech industries going. Our complex surface warship building industry, like the submarine one, needs a steady drumbeat of orders.”

[Ian Murray (Edinburgh South) (Lab)]

My hon. Friend talks about the drumbeat and the starting point for the project. Is it not one of the key concerns that, even when the project starts, if the drumbeat is extended and the length of time for the completion of each ship is extended, by the nature of that equation, fewer workers will be needed?

[Chris Stephens]

That concern is felt not only by my hon. Friends, but by me and, crucially, the trade unions and workforce on the Clyde. What economic impact assessment has been carried out on delaying the Type 26 frigates? We know from an excellent report by the Fraser of Allander Institute, which was commissioned by GMB Scotland, that the two BAE yards at Govan and Scotstoun directly employ a total of 2,723 people. More than 1,000 of them, men and women, are skilled tradespersons. I am delighted that there has been an increase in women apprentices and women workers highly involved in high-tech industry. The report estimates that the two yards in Glasgow support a total of 5,943 jobs and, through that, £162.7 million of wages across Scotland as a whole. Returning to my original “eight plus five” question, will the Minister confirm whether the general purpose frigates will also be built on the Clyde, as confirmed by the former Prime Minister in the strategic defence and security review in November 2015?

We know that a national shipbuilding strategy will be announced soon. I am looking forward to that, when it comes, but I reiterate that we should not underestimate the frustrations of the workforce. They want to build ships. They want a long-term future for the Clyde that will begin with cutting steel for Type 26 frigates. I look forward to the Minister’s response to my questions.

Scotland Bill

Debate between Chris Stephens and Ian Murray

Monday 6th July 2015 Commons Chamber

[Ian Murray]

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.

[Chris Stephens]

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?

[Ian Murray]

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.

--- Later in debate ---

[Ian Murray]

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.

[Chris Stephens]

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?

[Ian Murray]

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.