Trade Union Bill (Sixth sitting)

Lisa Cameron Excerpts

Tuesday 20th October 2015 Public Bill Committees

The Government will also be aware that all public bodies in Britain are required to have regard to the need to eliminate discrimination, but the duties in Wales and Scotland on this are much stronger. That raises an additional area of concern about the breach of the devolution settlement that the Bill presents in relation to public services.

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)]

Is the hon. Lady as surprised as I am that the Minister’s response appears somewhat flippant, as though he wishes to call the bluff of the devolved Governments and the councils? There is little recognition of possible legal repercussions, costs and contingencies for the public.

[Jo Stevens]

I absolutely agree, and that is a risk that the Government are taking. The Bill has significant equality implications, despite the suggestion otherwise in the equality impact assessment—which reads, frankly, as though it was written on the back of a fag packet. The Bill presents a real danger that decades of progress on equality in the workplace will be undermined through the erosion of trade union rights. We know that trade unions are one of the best protections from discriminatory treatment in the workplace, with trained officers and representatives who deal with a range of workplace issues, protecting equality of treatment and, in the process, saving employers from reputational damage and litigation. It is simply not acceptable or legitimate for the UK Government to impose the Bill on Wales.

We have heard that the First Minister wrote to the Prime Minister to set out his position and his concerns clearly and constructively. The Prime Minister’s response has been described by the Minister for Public Services as disappointing. I think he was being too polite. I would go further and describe it as inadequate. It failed to acknowledge any devolved interest whatever. We have heard from the Minister for Public Services that the Welsh Government are considering how they would seek to protect legitimate, devolved interests, including devolved public services, from the Bill, including tabling a legislative consent motion.

I go back to the comments of Professor Ewing from the beginning of my contribution. Do the Government really want to mire themselves in expensive, lengthy litigation with the Welsh Government over the Bill, played out in Supreme Court? Do the Government really want to suffer another embarrassing defeat as they did over the Agricultural Wages Board litigation with the Welsh Government?

The Bill was the subject of a debate in the Welsh Assembly last week. The Assembly Member for Pontypridd summed up the view of the Welsh Government by saying:

“We do not need this law in Wales and we do not want this law in Wales”—

it sounds a bit like Dr Seuss, this—

“And I know that we will do all that we can to support all those who oppose this Bill and, if necessary, to challenge its legitimacy in the Supreme Court.”

The Government have been given a clear warning. By accepting our amendments to clause 3, the Government have the opportunity to save time, save face and save taxpayers’ money. Will they take it?