Trade Union Bill
Debate between David Anderson and Chris Stephens(9 years ago)
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Chris Stephens
Like many others in this place, the hon. Gentleman is a former council or local authority leader. He will know that he would have negotiated with the trade unions on issues such as facility time to make sure agreements were made in time and grievances were heard in time to avoid such issues going to a tribunal. I agree with him that it is arrogant and out of order for the UK Government to make decisions—for example, in respect of facility time and check-off—that are opposed by many local authorities across the UK.
The proposals in the Bill have the potential to undermine the effective engagement of trade unions across Scottish workplaces, and indeed across the UK, particularly in the public sector. The Scottish Government response to the “Working Together Review” and the fair work convention have shown a commitment to building a stronger, more collaborative approach to the relationship between trade unions, employees and employers. The combination of the provisions in the Bill will affect employees’ right to strike, will change the relationship between unions and organisations negatively and will lead to greater confusion among employees. That will undoubtedly hit Scottish business, especially across the public services in Scotland and elsewhere in the UK.
As with many Bills in this House, the devil is reserved in the detail, and with a lot of the detail to be set out in regulations, we are unaware of what else may be coming down the line. Moreover, there will be no formal opportunity for the Scottish Government, or indeed any other authority, to influence such regulations, even though they will have a direct impact on them.
According to the evidence of witnesses, there is concern that the Bill could lead to a constitutional crisis if the devolved Administrations refuse to implement the content of the Bill. The Bill potentially cuts across devolved areas and could lead to confusion and a conflict of interests in its application to existing and new contracts, owing to the ongoing local government reforms in other areas. During the evidence sessions, Dave Prentis, the general secretary of Unison, commented that the new combined authorities in England will have a lot of extensions of powers, except the power to determine check-off and facility time arrangements.
The First Minister of Scotland, Nicola Sturgeon, stated in the “Programme for Government 2015/16”:
“my government will vigorously oppose the UK government’s proposed trade union legislation, which seeks to undermine the rights of unions to fairly and reasonably represent their members.”
Carwyn Jones, the Welsh First Minister, echoed those concerns when he wrote to the Prime Minister expressing concerns about the Bill in September 2015, stating that it should be a matter for the National Assembly for Wales.
The Scottish Government maintain positive and stable industrial relations in Scotland. Those relations are underpinned by the long-standing strategic partnership between the Scottish Government and the Scottish Trades Union Congress, which was recently reaffirmed in the memorandum of understanding signed in May 2015. The memorandum pledged the Scottish Government to work with the STUC in opposing Tory austerity and in demanding further powers for Scotland. The Scottish Government view trade unions as key social partners, playing an important role in sustaining effective democracy in society, particularly in the workplace, and the existence of good employment practices is a key contributor to economic competitiveness and social justice.
Mr David Anderson (Blaydon) (Lab)
The hon. Gentleman has described the Scottish Government’s relationship with the unions. In Committee, did the Government provide evidence of any public body having expressed a view that was different from that of the Scottish Government?
Chris Stephens
The hon. Gentleman is right to suggest that no evidence was presented in Committee from a public body in support of the Bill. We heard from the Tory Taliban, the TaxPayers Alliance, which was supportive of some of the measures, but no public body was.
The restriction of the extent of the Bill would ensure that none of its provisions applied without the consent of the relevant authorities. We have tabled amendments to restrict the application of some of the provisions.
Chris Stephens
Wildcat action was not discussed in Committee. We discussed the social media provisions that could lead—as the hon. Member for Gateshead pointed out—to wildcat tweeting, but there was no discussion about wildcat action in that sense.
Mr Anderson
The hon. Gentleman is generous in giving way. He mentioned the work of the Royal College of Nursing. Its employer, University College Hospital, said that:
“elements of the Bill that would confine trade unions’ ability to engage with us are widely viewed by NHS employers as potentially undermining of the Government’s health policy”.
The Government want to introduce measures that will undermine health policy. To go back to Keith Joseph, he always argued that we should let managers manage. Managers want to manage in conjunction with trade unions, and the Government should butt out.
Chris Stephens
That is absolutely true. I agree with the hon. Gentleman, who was president of a trade union.