Trade Union Bill

Jonathan Edwards Excerpts

Tuesday 10th November 2015 Commons Chamber

[Kevin Brennan]

I am coming on in a few moments to talk about the so-called respect agenda, and I hope that I will then answer the hon. Gentleman’s point. Our amendments would ensure that devolved Administrations could decide how best to engage with their staff and trade unions when delivering devolved public services, rather than being subject to a highly partisan central diktat—I believe this what the hon. Gentleman was referring to—from a Government in possession of no mandate in many parts of the UK.

I can recall the Prime Minister travelling to Wales when he was first elected, and declaring that when it came to Wales and the other devolved Administrations, he would govern on the basis of respect. He called that his “respect agenda”. With that promise in mind, the Welsh First Minister, Carwyn Jones, wrote to the Prime Minister expressing his concerns about the Trade Union Bill and its complete lack of respect for the role of the Welsh Government and the National Assembly for Wales. He pointed out that the Supreme Court, in its judgment on the Agricultural Sector (Wales) Bill, ruled that depending on a UK Government Bill’s impact on devolved services, it could be subject to a legislative consent motion, even if it could also be classified as relating to matters that were otherwise reserved. Our Scottish Labour leader, Kezia Dugdale, wrote today to the Presiding Officer of the Scottish Parliament, calling for a legislative consent motion; she has also called for Scottish local authorities, regardless of political persuasion, to refuse to implement changes when there is no consent.

I want to make it clear that our commitment to solidarity for all workers means that Labour opposes the Bill on behalf of workers and trade unions throughout the United Kingdom. We believe that simply devolving employment and industrial relations—for example, to Scotland—would play into the Conservative Government’s hands, and would result in a race to the bottom on workplace rights and privatisation, which could only have a detrimental impact on workers throughout the UK.

[Jonathan Edwards (Carmarthen East and Dinefwr) (PC)]

Can the hon. Gentleman confirm that the Welsh Government will present a legislative consent motion in relation to Wales? I can assure him that he will have the support of Plaid Cymru if they do.

[Kevin Brennan]

I think that I would be equally guilty of arrogance were I to assume the role of devolved Ministers in the Welsh Government. However, the letter from the First Minister clearly indicated that a legislative consent motion was under consideration.

--- Later in debate ---

[The Minister for Skills (Nick Boles)]

We have heard fierce argument in Committee and today from those who would seek to exclude some areas of Great Britain from the reach of the Bill, or who would seek to allow coverage in those areas only with the consent of the bodies to which certain other responsibilities have been devolved. Nothing in the Bill need cut across the positive relationships that we have heard about between unions and Government in Scotland and Wales.

There is nothing to stop union representatives using paid facility time to fulfil their union duties to help represent working people. All the Bill does in relation to facility time is introduce measures that have already been introduced in the civil service, and union duties are still admirably and adequately fulfilled in the civil service.

It is important for the productivity and prosperity of Great Britain as a whole that arrangements pertaining to employment matters apply consistently across the whole country. Employers do not see boundaries when engaging staff. Many employers have employees in all three countries, in London and in various English authorities. Having different employment laws applying would produce a complex situation, involving much confusion and cost for business.

[Jonathan Edwards]

As the Minister will be aware, this Bill does not apply to Northern Ireland because these issues are devolved. Is he aware of the comments by Dr Stephen Farry, the Minister in Northern Ireland? He said:

“I do not believe that there is a case for winding back the clock in terms of trade union reform or that such regression would also be supported by the Executive and the Assembly.”

Is it seriously a surprise to the Minister that that Scottish Parliament and the National Assembly for Wales agree with those points?

[Nick Boles]

I am sorry we were not able to hear from the hon. Gentleman directly, because I am sure he has much to contribute. He will be aware there is a particular historical record in Northern Ireland, which is why, quite a long time ago, employment law was devolved to Northern Ireland. That historical record, I am glad to say, does not apply elsewhere in Great Britain. This is why employment and industrial relations law are clearly reserved matters under the Scottish and Welsh devolution settlements. It is entirely in order for the Government to propose that the Bill applies to the whole of Great Britain and does not require the consent of the devolved Governments or any local authorities.