Meeting of the Parliament 10 December 2015
The Scottish Government was happy to accept an amendment lodged at stage 2 by Elaine Murray that gives a statutory right of participation at a fatal accident inquiry to a trade union or staff association, although I said that we would consider whether the wording could be improved at stage 3. We have now held those discussions with Dr Murray and I am pleased to say that she indicated that she was content with the proposed amendments.
Dr Murray explained that her amendment was intended to cover sectors in which trade union membership was not permitted by law, such as the police. However, the term “staff association” does not have a recognised legal meaning. It could arguably cover the likes of internal equality networks or even sports or social associations. Consideration has been given to alternative wording that would deliver the policy intention.
Amendments 10 and 12 will cover bodies that are similar to trade unions—for example, in sectors where trade union membership is prohibited—and makes it clear that the body concerned must represent the interests of workers in connection with the employment or occupation during which the accident resulting in the death happened. That is intended to exclude bodies of workers that have a purely social function—for example, a sports association—and bodies that represent workers’ interests more generally, such as political bodies.
Amendment 10 also makes it clear that the requirement that the representation of workers’ interests must be
“in connection with the employment or occupation concerned”
also applies to the trade union.
Amendment 9 makes it clear that participation should be for a trade union or similar body itself and not for a representative. Amendment 11 is consequential.
I hope that Elaine Murray and other members will welcome those amendments, which clarify and improve on the original stage 2 amendment.
I move amendment 9.