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Chamber

Meeting of the Parliament 26 January 2016

26 Jan 2016 · S4 · Meeting of the Parliament
Item of business
Trade Union Bill

Thank you for giving me the opportunity to speak in my capacity as the convener of the Devolution (Further Powers) Committee. As members are aware, the Scottish Government referred its policy memorandum on the UK Government’s Trade Union Bill to my committee for consideration. I start by emphasising that the committee’s report was agreed by an overwhelming majority of its members, with Alex Johnstone—as he just said—being the only dissenting member. It is fair to say that that was not a surprise to him, and it was certainly not a surprise to the rest of the committee. Nevertheless, I thank him for the way in which he made his views clear and enabled the rest of us to agree the report.

The context for the introduction of the UK Government’s Trade Union Bill is that, since 2007, the number of industrial disputes in Scotland has decreased by 84 per cent. The number of days that are lost to industrial disputes in Scotland is the lowest of the four nations of the UK. Therefore, the bill is not so much a sledgehammer to crack a nut; put simply, it seeks to solve a problem that does not exist.

The evidence that the committee took emphasised the positive working relationship between unions and employers that has existed over decades in some of Scotland’s largest public sector organisations, such as local government and the national health service. I was struck by the comments on behalf of the Convention of Scottish Local Authorities that were made by Billy Hendry, who is a Conservative councillor on East Dunbartonshire Council. He said:

“COSLA leaders are extremely concerned that the changes that are proposed in the bill are being brought in without any evidence to back up the assertion that they would modernise industrial relations between councils and trade unions.”—[Official Report, Devolution (Further Powers) Committee, 7 January 2016; c 4.]

Councillor Hendry’s remarks demonstrate well the broad-based opposition that there is across all sectors of Scottish society to the bill, although not everyone opposes it—I note that the TaxPayers Alliance and the Confederation of British Industry support it.

We heard that there has been a lack of consultation with Scottish stakeholders and the Scottish Government on this UK bill. In his evidence to the committee, Dave Moxham of the STUC said:

“There was a failure to consult, a very rushed process, a committee stage that was, in our view, very poor and the introduction of a couple of key additional aspects of the bill in that process. We did not know about the introduction of the check-off arrangements until well after the first reading. That was not subject to any consultation or any assessment of costs.”—[Official Report, Devolution (Further Powers) Committee, 7 January 2016; c 13.]

The bill seeks to provide UK ministers with the power to limit the amount of time that union representatives in the public sector can spend on union duties or activities. The Scottish Government estimated that in 2014-15 the total cost of facility time across the entire Scottish public sector was £5.8 million. That is around 0.002 per cent of the Scottish Government departmental expenditure limit budget.

In the same item of business

The Deputy Presiding Officer (John Scott) Con
The next item of business is a debate on motion S4M-15414, in the name of Roseanna Cunningham, on the Trade Union Bill. I call on Roseanna Cunningham to sp...
The Cabinet Secretary for Fair Work, Skills and Training (Roseanna Cunningham) SNP
I thank the Devolution (Further Powers) Committee and its convener, Bruce Crawford, for its swift consideration of the legislation and the memorandum that wa...
The Deputy Presiding Officer Con
I call Neil Findlay to speak to and move amendment S4M-15414.1. 14:57
Neil Findlay (Lothian) (Lab) Lab
I declare an interest, in that I am a member of Unite the union, the Educational Institute of Scotland and the West Lothian Trade Union Council. I also chair...
The Deputy Presiding Officer Con
Stick to parliamentary language, please, Mr Findlay.
Neil Findlay Lab
It was clear from that previous debate that an overwhelming majority of members in the Parliament are opposed to the bill. The bill was referred to the Devol...
Kevin Stewart (Aberdeen Central) (SNP) SNP
Would it not be easier if we had all the powers in this Parliament so that we did not have to rely on LCMs?
Neil Findlay Lab
Mr Stewart makes my case for me: he says, “If only this, if only that.” The reality is that we have the opportunity to take practical steps that will prevent...
Kevin Stewart SNP
Will Mr Findlay give way?
Neil Findlay Lab
No. The cabinet secretary is right to work with us on that; I am just a bit disappointed that Mr Stewart appears not to want to go down that route. My colle...
Alex Johnstone (North East Scotland) (Con) Con
The Trade Union Bill gives effect to manifesto commitments that the Conservative Party made in advance of being elected as the majority Government of the Uni...
Kevin Stewart SNP
Will the member take an intervention?
Alex Johnstone Con
No—I will not be taking interventions. It is not unreasonable to require an opt-in process for union political donations. Often, members are unaware that th...
Neil Findlay Lab
Will the member take an intervention on that point?
Alex Johnstone Con
No, thank you. Taken together, the proposed measures are not an unreasonable addition to the provisions that previous Governments put in place to facilitate...
The Deputy Presiding Officer Con
We move to the open debate. I call Bruce Crawford to speak on behalf of the Devolution (Further Powers) Committee. 15:12
Bruce Crawford (Stirling) (SNP) SNP
Thank you for giving me the opportunity to speak in my capacity as the convener of the Devolution (Further Powers) Committee. As members are aware, the Scott...
Neil Findlay Lab
Will Bruce Crawford respond to the point that I made about what happens in principle when the two Parliaments disagree and how we can bring forward a procedu...
Bruce Crawford SNP
I am speaking on behalf of the Devolution (Further Powers) Committee as its convener. That point was not subject to any of the processes that we went through...
Stewart Stevenson (Banffshire and Buchan Coast) (SNP) SNP
On a point of order, Presiding Officer. I wish to raise a point of order that concerns chapter 12 of standing orders, in so far as it relates to the operatio...
The Deputy Presiding Officer Con
I thank Mr Stevenson for the advance warning of his point of order. He is correct that the Parliament cannot compel a committee to take any particular course...
Margaret McDougall (West Scotland) (Lab) Lab
I express my disappointment that, on the day that the Welsh Assembly is debating a legislative consent motion that will restrict the imposition of the anti-t...
Sandra White (Glasgow Kelvin) (SNP) SNP
Will the member take an intervention?
Margaret McDougall Lab
I have just started. Perhaps I will take an intervention later. Let us be clear: this anti-trade union bill is bad for business and bad for workers. The onl...
Sandra White SNP
With reference to what the member said when she opened her speech, will she and her colleagues support employment law being devolved to the Scottish Parliame...
Margaret McDougall Lab
That is not what we are here to discuss and it is not an issue. Removing the ban on the use of agency workers to break strike action—that ban was introduced...
The Deputy Presiding Officer Con
The member should draw to a close, please.
Margaret McDougall Lab
I am just closing, Presiding Officer. I am delighted that, in my area, North Ayrshire Council last month became the first Scottish National Party-led local a...
The Deputy Presiding Officer Con
You must draw to a close, please.
Margaret McDougall Lab
—so that members are not only setting out their opposition to the bill, but making sure that it is not imposed on Scottish public services. I hope that we c...