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Chamber

Meeting of the Parliament 26 May 2016

26 May 2016 · S5 · Meeting of the Parliament
Item of business
Scotland’s Future in the European Union
McKelvie, Christina SNP Hamilton, Larkhall and Stonehouse Watch on SPTV

Maybe the member should sit and learn something—rudeness will not get him anywhere.

However, thanks to the EU written statement directive, employees must be given a written statement setting out their pay and working conditions within 28 days of starting work. The working time directive, which was implemented in the UK in 1998, introduced a maximum 48-hour working week—normally averaged over 17 weeks—a daily rest period of 11 consecutive hours, a weekly rest period of 24 consecutive hours and rest breaks during the working day. Those are the regulations that some Tories would like to take away from people.

On maternity rights, the EU pregnant workers directive of 1992 led to substantial improvements in health and safety protections for expectant and new mothers in the workplace.

I turn to equal pay, about which there is a lot of misinformation. The right to equal pay for men and women for equal work was indeed formulated in the UK. It was made a fundamental right and is enshrined in article 157 of the EU treaty, which is directly enforceable in UK courts. The founding treaty of the European Economic Community stated that member states with equal pay legislation should not be undercut by others that underpaid women workers and exploited their weaker labour market position. Article 157, together with the equal pay directive and ECJ case law, have had a significant positive impact on women’s pay and pension rights in the UK. I know that the Equal Pay Act 1970 pre-dated the UK joining the EU, but it had a glaring omission because it did not cover equal pay for work of equal value. That is where the difference lies.

Let us look at discrimination. The UK already had sex and race discrimination laws in place when it joined the EU and it introduced the Disability Discrimination Act 1995 before the EU took action. However, legislation on age, religion and belief and sexual orientation discrimination was introduced as a direct result of the EU framework directive for equal treatment in 2000.

Let us not even start on human rights. Human rights are something that we should all agree on. The European convention on human rights and the charter reaffirm our collective rights in this place and at this time.

As we have heard, there are a lot of things to be proud of in being a member of the EU. My question to members is whether we should vote to leave and give the UK Government, unfettered by EU regulations, carte blanche to withdraw all those rights—and when the UK Government talks about “regulations”, it means those rights. Instead, should we vote to remain and fight to reform and create the Europe that our young people want? I say oui, tak, ja and si to remain.

10:46  

In the same item of business

The Presiding Officer (Ken Macintosh) NPA
Our business this morning is a debate on motion S5M-00190, in the name of Fiona Hyslop, on Scotland’s future in the European Union. I call Fiona Hyslop to sp...
The Cabinet Secretary for Culture, Tourism and External Affairs (Fiona Hyslop) SNP
I will first take a moment to welcome colleagues to their new positions, including Jackson Carlaw for the Conservatives and Lewis Macdonald for Labour. Ther...
Tavish Scott (Shetland Islands) (LD) LD
I agree with the cabinet secretary’s observations about the contribution that EU migrants make to Scotland and, indeed, the UK, but can she illustrate to the...
Fiona Hyslop SNP
NHS Scotland has been among those contributing to the case that is being made to the UK Government for a migration system that works for Scotland and our pub...
Neil Findlay (Lothian) (Lab) Lab
Will the cabinet secretary expand on her logic of wanting to leave a political union of 60 million to join a political union of 750 million and say whether s...
Fiona Hyslop SNP
I think that I have just made that case. There are 28 independent countries in the EU that can decide for themselves to be part of a market. If Mr Findlay wa...
Elaine Smith (Central Scotland) (Lab) Lab
On that point about different views, the cabinet secretary seemed to indicate that anyone who takes a leave view is aligning themselves with Boris Johnson. D...
Fiona Hyslop SNP
We could take a historical perspective. The Archbishop of Canterbury is currently addressing the General Assembly of the Church of Scotland. Perhaps some peo...
Jackson Carlaw (Eastwood) (Con) Con
I thank the Cabinet Secretary for Culture, Tourism and External Affairs for her welcome. It will indeed be fun for me, after nine years shadowing the health ...
Elaine Smith Lab
What will happen if the comprehensive economic and trade agreement and the transatlantic trade and investment partnership are passed at the EU?
Jackson Carlaw Con
There are divisions of opinion, and the balance of where the arguments will eventually rest is yet to be decided, but international trade agreements are part...
Kezia Dugdale (Lothian) (Lab) Lab
I welcome this chance to set out the positive case for the European Union. Labour is Scotland’s internationalist party. We believe in solidarity beyond bord...
Richard Lochhead (Moray) (SNP) SNP
I congratulate all the party leaders on showing leadership on Scotland and Europe and putting the positive case for remain. I also congratulate Fiona Hyslop ...
Oliver Mundell (Dumfriesshire) (Con) Con
Will the member take an intervention?
Richard Lochhead SNP
I apologise, but I have no time to do so. There is also the considerable progressive social and environmental legislation that I think we can all agree woul...
Ross Thomson (North East Scotland) (Con) Con
Will the member give way?
Richard Lochhead SNP
I apologise, but I have only one minute left. I come to my final point. Many people in Scotland have genuine concerns about particular EU policies, how the ...
Adam Tomkins (Glasgow) (Con) Con
It is a great honour to make my maiden speech in the Parliament as one of Glasgow’s two newly elected Conservative MSPs. Given that I have taught European an...
The Presiding Officer NPA
Thank you, Mr Tomkins—and thank you for speaking precisely to time. I remind members that there is an expectation that every member who wants to speak in the...
Christina McKelvie (Hamilton, Larkhall and Stonehouse) (SNP) SNP
Thank you, Presiding Officer. I welcome you to your new role in the chair. There is much about the EU debate that reminds me of Alice in “Through the Lookin...
Neil Findlay Lab
Will the member give way?
Christina McKelvie SNP
We spoke enough last night, Mr Findlay. In the UK, employees do not have a right to a written contract of employment.
Neil Findlay Lab
That will be a no, then.
Christina McKelvie SNP
Maybe the member should sit and learn something—rudeness will not get him anywhere. However, thanks to the EU written statement directive, employees must b...
Daniel Johnson (Edinburgh Southern) (Lab) Lab
It is a privilege to be called for the first time as the new member for Edinburgh Southern in this Parliament—a privilege that comes with a sense of duty and...
Ross Greer (West Scotland) (Green) Green
This is my first speech as a member of this Parliament, but it is not my first speech in this chamber. Uniquely among the Parliaments and Assemblies in these...
Michael Russell (Argyll and Bute) (SNP) SNP
It is a pleasure and an honour to speak after Ross Greer’s first speech. I am not the oldest member—fortuitously—but all older members will be stretched and ...
Margaret Mitchell (Central Scotland) (Con) Con
Scotland elects four tiers of Government; the one that the public knows least about is the European level, with most people struggling to say how many MEPs a...
Stewart Stevenson (Banffshire and Buchan Coast) (SNP) SNP
Will Margaret Mitchell give way?
Margaret Mitchell Con
In this debate of two and a half hours, leave speakers have about 10 minutes or, with the grace of the Deputy Presiding Officer, perhaps 12. Therefore, the m...