Exiting the EU and Workers’ Rights

Margaret Ferrier Excerpts

Monday 7th November 2016 Commons Chamber

[Margaret Ferrier (Rutherglen and Hamilton West) (SNP)]

Last year, the people of Scotland made their voices heard loudly and clearly by filling these Benches with Scottish National party Members. The public discontent was palpable during the election campaign. Many people were sickened by the broken promises of the better together campaign. One may find no better example of that than being told that the only way to secure EU membership was to vote no. Indeed, people clearly remember Ruth Davidson MSP promising just that during a live televised debate on 2 September 2014, when she said:

“I think it is disingenuous...to say that no means out and yes means in, when actually the opposite is true. No means we stay in; we are members of the European Union.”

Let me be clear from the outset. I am here to represent my constituency, but as a member of the SNP, I was put here to ensure that the interests of Scotland are heard in this place. I was elected on a manifesto commitment to oppose withdrawal from the European Union.

The SNP Scottish Government were returned for an unprecedented third term in May on a pro-EU manifesto. It was the express will of the Scottish people a few weeks later in June to remain within the European Union. Scotland as a whole voted overwhelmingly to remain, as did every single one of Scotland’s 32 local authority areas.

While the Prime Minister fumbles around with what Brexit means—something that the people of Scotland rejected which is now being forced upon them—I can categorically tell her what it means to us. It represents economic uncertainty, a devalued currency, rising inflation, higher bills and mortgage payments, and a loss of up to 80,000 jobs. This is the plague of locusts that was supposed to follow a yes vote, according to the no campaign during the independence referendum. It really is not good enough for Scotland to be treated as secondary partner during Brexit negotiations. Scottish citizens are EU citizens, and their interests should not be sidelined by a Tory Government for whom they did not vote.

People in Scotland voted to remain for a whole host of reasons, but when I was out campaigning in the run-up to the referendum, workers’ rights were a common refrain from voters. They recognise the impact that the EU has had on the health and safety duties of employers to evaluate, avoid and reduce workplace risks. According to the TUC, the number of worker fatalities in the UK has declined significantly since EU directives were implemented. Pregnant women and new mothers have been protected from day one by unfair dismissal rights. There is a real understanding of the enhancements that the EU has delivered to the UK’s discrimination laws to include rights on grounds of sexual orientation, religion or belief, and age. The Prime Minister has been unable to give a cast-iron guarantee to Scottish citizens on the future of these and other workers’ rights after we leave the EU.

The European Union has ensured that workers are not subjected to exploitation or discrimination. Through its promotion of beneficial working practices, it has ensured that workers are treated fairly. As we have seen already with the introduction of tribunal fees, the draconian Trade Union Act 2016 and the increase in the qualifying period for unfair dismissal claims, the Tories seem intent on eroding the rights of people in the workplace. The bottom line is that the Conservative party cannot be trusted with workers’ rights. I worry about what the Government will attempt to do post-Brexit, unfettered by the EU.

Although EU-derived employment rights which feature in primary legislation would be relatively cushioned from the effects of Brexit, the greatest risk is the massive uncertainty that surrounds the protections afforded in secondary legislation, in which much employment law is contained. These laws are susceptible to revocation by secondary legislation. As my hon. Friend the Member for Ochil and South Perthshire (Ms Ahmed-Sheikh) said, the Prime Minister made a commitment at the recent Tory party conference to guarantee existing workers legal rights as long as she is Prime Minister. This gives me and many others little comfort. We have heard nothing of plans to move EU employment rights contained in secondary legislation into primary legislation as part of the great repeal Bill. If the Prime Minister wants to give guarantees, that would represent a good starting point.

A report recently published by Professor Alan Page of the University of Dundee entitled “The implications of EU withdrawal for the devolution settlement” suggests that many laws affecting devolved issues could be unilaterally scrapped by Westminster following a withdrawal from the EU. The repeal of EU regulations brought about by secondary legislation would not require the consent of Members of the Scottish Parliament. Professor Page has described this as “a significant potential gap” in law-making in devolved areas, and he points out that

“there is no requirement of the Scottish Parliament’s consent to UK subordinate legislation transposing EU obligations in the devolved areas”.

I agree with Professor Page’s conclusion that there are very considerable implications for devolution.

I say this today as a warning to the Prime Minister. What she does now—the action that she takes which affects Scotland—must be carefully considered. Her party holds no mandate north of the border, and people there will not stand idly by while she disrespects their wishes. Whatever Brexit means to her, she can rest assured that it will mean something completely different in Scotland. Those of us on the SNP Benches will not vote for anything that will damage the interests of the people of Scotland, and if the Prime Minister is serious about keeping Scotland in the United Kingdom, she will not ask us to.