Trade Union Bill (Second sitting)

Nusrat Ghani Excerpts

Tuesday 13th October 2015 Public Bill Committees

[Stephen Doughty]

Q 221 Lastly, the UK Government clearly have form on this. You will recall, of course, the case that was before the Supreme Court regarding the Agricultural Wages Board. What is the Welsh Government’s wider experience of the UK Government’s legislating on matters that are devolved and have been found to be so by the courts?

Leighton Andrews: Well, I think you raise an important issue. Obviously, the judgment of the Supreme Court in respect of the Agricultural Sector (Wales) Bill confirmed that, provided an Assembly Bill fairly or realistically satisfies the tests set out in section 108 of the Government of Wales Act 2006, it does not matter whether it might also be capable of being classified as relating to a subject that has not been devolved, such as employment rights and industrial relations.

The policy background of the explanatory notes to the Bill sets the context of the Bill in respect of essential public services. That, of course, takes us into public services that are devolved, such as the ones we have discussed. There is a clear divergence in approach to delivering public services between England and Wales, and we think the proposals in the Bill, far from protecting public services, will be more likely to provoke confrontation.

We also find it somewhat odd that a UK Government Bill of this kind seeks to specify, for example, how much union facility time employees have saved local authorities in Wales. We have been going through, for example, a local government reform programme, which might not be supported by trade unions in local government. Their access to facility time will be a very important element for us in ensuring harmonious relations with the workforce as our reform programme goes ahead.

[Nusrat Ghani (Wealden) (Con)]

Q 222 I hope you can hear me okay. We took evidence earlier from Mr Wilson, who operates more than 700 buses. He stated that on a ballot turnout of 12%, two days’ industrial action was called. The 12% of people requesting industrial action may no longer be involved in his company now, because the decision was taken much earlier in the year. You spoke about schools earlier, and we also discussed the fact that on a 25% turnout in 2011, 62% of England’s schools were closed. I wonder what you think is a decent turnout for a ballot, considering that we are talking about accountability and transparency, and about making sure that the voice of every individual who is a member of a union is heard.

Leighton Andrews: I am sorry if you have had problems with strike action in England’s schools, of course, but let me say that in Wales we have been very successful in reaching agreements with trades unions that have avoided the need for strike action. For example, in respect of the firefighters’ dispute over pensions, we reached a solution and the Fire Brigades Union put off strike action in Wales. In respect of junior doctors, the British Medical Association’s advice has confirmed that the ballot for industrial action will not be taken in Wales. In respect of the agenda for change in the health service, the inclusive approach that we adopted led to the acceptance and successful application of a two-year pay deal in Wales, avoiding the threat of industrial action. In respect of education, we had constructive discussions with the trades unions and avoided the rolling strike action that was due to take place in Wales in 2013, while strike action was taking place in England.

So I suppose I go back to my opening comment: what is the problem that the Bill is seeking to address? The reality as far as we can see is that we have good relationships with trades unions in Wales and with our workforce. We have good relationships with public service employers in Wales and with our workforce. Public service employers in Wales do not support the Bill and do not see the need for it.

[The Chair]

Minister, before you go on any more, there are still three Members seeking to ask questions. I would ask you to be a bit more succinct. After this next question, I may see whether I can take all those three questions together, which might help you be as succinct as possible.

[Nusrat Ghani]

Q 223 One of the points that Mr Wilson raised about the 12% ballot calling for industrial action where he worked was that other members who wished to come into work felt intimidated. You talk about good industrial relations, which is what we all want to see, but there is also a feeling that when a minority of people has asked for industrial action, that has put pressure on other employees in a workplace who could not go into work that day or who felt intimidated. That is one point that Mr Wilson raised. I will go back to my original question: do you think that a turnout of 12% or even of 25% is representative of all the workers in a workplace?

Leighton Andrews: Well, I think that you would want the maximum turnout that you can achieve. I do not know Mr Wilson or the circumstances of that dispute. The point I am seeking to make here is that we are dealing with a matter that we regard as a fundamental constitutional question. This Bill seeks to impose conditions on Wales in public services that are devolved, where we have a responsibility to deliver public services. There is a major constitutional question at stake here. This is not a matter that we feel is going to improve industrial relations in Wales. It is not going to improve industrial relations within our public services; nor do we believe, at the outset, that there is a fundamental problem that needs to be addressed.

[The Chair]

Minister, I am going to take three questions together now.