Hansard

Absolutely—I whole-heartedly agree. Daniel Johnson and I share that principle, which is why I hope that we can secure Labour’s support for the motion at decision time.

The introduction of the Trade Union Act 2016 represented a direct threat to workers’ rights. Not content with having the most anti-trade union laws in western Europe, the United Kingdom Government’s way of managing the recent spate of industrial disputes was to introduce the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022. Although the High Court has quashed the legislation permitting the use of agency workers to replace those who are taking part in strike action, the UK Government is consulting on the matter again. It is relentless in its efforts to curb or mitigate strike action.

While that goes on in the background, we are now faced with the implementation of the Strikes (Minimum Service Levels) Act 2023 and the associated secondary legislation, which encroaches on devolved services. Not only is it unnecessary, unwanted and ineffective, but it seeks to undermine legitimate trade union activity and does not respect the Scottish Government’s fair work principles. Governments should be working with the public sector and trade unions to reach fair and reasonable settlements that respect the legitimate interests of workers, not seeking to curb their right to strike.

Despite the 2023 act, and although employment law remains reserved to the UK Parliament, we will continue to use the levers that are at our disposal to promote fairer work practices across the labour market in Scotland. Fair work is a model for innovation and success, and many employers in Scotland are working alongside trade unions to implement fair work practices. Fair work supports stronger productivity, economic growth and greater wellbeing. Earlier this week, I met trade unions to discuss fair work and to hear their views on how we are progressing in delivering our shared ambitions. Alongside supporting employers, our fair work action plan includes actions to support trade unions. We want to build an economy in which our businesses, industries and trade unions thrive and in which economic success works for all. There is clear evidence that unionised workplaces have more engaged staff, higher levels of staff training and a progressive approach to staff wellbeing.

We are committed to supporting strong trade unions in Scotland for the benefit of all workers and our economy. That is in contrast to recent Westminster Government labour market policies, which are moving in the opposite direction. There is inadequate enforcement of minimum employment standards, including the national minimum wage, and the Trade Union Act 2016 and, now, the Strikes (Minimum Service Levels) Act 2023 have been introduced.

My ministerial colleagues and I have written to UK ministers on several occasions to express our fervent opposition to the introduction of minimum service levels, as well as our concerns about the associated codes of practice. Most recently, on 4 December, my colleague Fiona Hyslop wrote to the minister of state at the Department for Transport in relation to the publication of the UK Government’s consultation response regarding the laying of the Strikes (Minimum Service Levels: Passenger Railway Services) Regulations 2023. Despite Ms Hyslop’s letter, which clearly articulated our position, the regulations have been approved and are now in effect.

Nevertheless, we have consistently maintained the position that we should collaborate with transport operators and trade unions to achieve fair and reasonable settlements while respecting the legitimate interests of workers and transport organisations. Our approach is unlike that of the UK Government, which, since 2019, has not had a single day without either a strike on its railways or outstanding mandates for such a strike.

The UK Government’s introduction of the 2023 act not only ignores the devolution settlement but fails to recognise the authority of the Scottish Government in devolved areas. Through the reservation to UK ministers of the sole authority to set minimum service levels, those levels can be set so high that any strike will be rendered largely ineffectual—a point to which, I am sure, Daniel Johnson was referring in his intervention.

Moreover, the UK Government has established minimum service levels for passenger services that, in Scotland, cover rail, the Edinburgh trams and the Glasgow subway. Fortunately, the minimum service levels that have been set for ambulance services are limited to England. However, further regulations will be forthcoming, as the UK Government plans to extend minimum service levels to other sectors.

In November, the UK Government’s Department for Education launched a consultation on minimum service levels for education services in Great Britain, including schools, colleges and universities. The Scottish Government intends neither to provide a formal response to that consultation nor to assist with the development of any regulations that might arise from it, because to do so would only serve the harmful objectives of the 2023 act. I will be clear: the Scottish ministers have no intention of asking any employers within our influence to issue work notices. Instead, we will continue to encourage employers and trade unions in the Scottish education sectors to work together constructively to seek resolutions to industrial disputes.

The UK Government’s introduction of what is a wholly unwelcome act is unnecessarily inflammatory and will act against the interests of the public. We are not alone in opposing the legislation. As it progressed through the UK Parliament, the Welsh Government was utterly opposed. It called it

“a Bill that represents a nakedly political and opportunist attack on the rights and dignity of public services workers.”

On royal assent, it reiterated its opposition and continuing

“fundamental concerns about the impact of the Act on devolved public services”

in Wales.

The Trades Union Congress has reported the UK Government to the International Labour Organization over the act, and its congress recently backed a motion calling for the devolution of employment law to Scotland—a view that is shared by Scottish Labour, as confirmed by Anas Sarwar in early November. Although UK Labour has stated that, should it be successful at the next UK general election, it would repeal the 2023 act—which is welcome news—it does not share Scottish Labour’s view that employment powers should be devolved to the Scottish Parliament. That is in stark contrast to our position, which is clear: securing the full range of employment powers will empower the Scottish Parliament to fully implement policies that will best meet Scotland’s distinct needs, shift the curve on poverty and deliver our shared ambition for a fairer, greener and more prosperous Scotland.

The Scottish Government is committed to realising our vision for Scotland to be a leading fair work nation by 2025. Fair work is the catalyst for success, wellbeing and prosperity for individuals, businesses, organisations and society as a whole. That is a marked divergence to Westminster’s labour market policies.

We are not alone in thinking that. In the words of Labour’s Baroness Bryan of Partick, during the passage of the legislation through the House of Lords,

“the Welsh and Scottish ... fair work arrangements do not prevent industrial disputes but allow constructive dialogue between government, employers and trade unions, so that when disputes occur there is greater good will to resolve them.”

She also stated that the bill presented

“a strong case for devolving employment law to Holyrood”

and that

“the Sewel convention has been abused”

repeatedly

“so that it is no longer meaningful.”—[Official Report, House of Lords, 23 March 2023; Vol 828, c 1867.]

That is exactly the point: the act further encroaches on the devolved settlement and unnecessarily undermines trade union relations, which will force further industrial disputes elsewhere.

The UK is becoming a global outlier, according to the International Trade Union Confederation, having fallen from a rating of 3, which means that the ITUC considers that there are regular violations of workers’ rights, to a rating of 4, which means that it considers that there are systematic violations.

Our request of the Parliament today is to recognise and endorse our distinct approach to industrial relations and trade unions, which is—unlike that of the UK—based on partnership working.

I move,

That the Parliament considers the Strikes (Minimum Service Levels) Act 2023 to be unnecessary, unwanted and ineffective; further considers that the legislation, and any associated secondary legislation that could be applied in Scotland, encroaches on the devolved responsibilities of the Scottish Parliament in matters relating to health, transport, fire and rescue and education; notes that its measures seek to undermine legitimate trade union activity and do not respect fair work principles; recognises that trade unions are key social and economic partners in Scotland in responding to the cost of living crisis, creating a wellbeing economy and working towards a just transition to net zero; agrees that a progressive approach to industrial relations and to trade unionism is at the heart of a fairer, more successful society, and makes clear, therefore, its opposition to the Strikes (Minimum Service Levels) Act 2023 and to any associated secondary legislation that could be applied in Scotland.