Chamber
Plenary, 15 Feb 2007
15 Feb 2007 · S2 · Plenary
Item of business
Workers' Rights
I welcome this debate on workers' rights, which is long overdue. I regret the fact that the chamber has been spurred into action on the matter by the Simclar factory closure because, since the Thatcher Governments, power and protection have been moving consistently towards employers. The balance of power is heavily in favour of employers, and workers' rights have been eroded enormously. The lack of workers' rights is all too clear in this debate, because the main avenue that is being pursued to deal with the disgusting position in which the Simclar management has left workers is a DTI inquiry. It seems that the trade unions are powerless to pursue Sam Russell and Simclar. There have also been the closures of NCR and Motorola and all the other situations in which employers have behaved in such a way. We are dealing with an employer who has absconded with wages and redundancy payments. We do not know about the pension situation, because we are waiting for the liquidator to tell us what is in the pension fund.
The amendment that the SSP lodged, which was not selected, highlights the need for a legal framework to ensure that it costs employers to up sticks, to move jobs to China, to close factories, to asset strip and to use all the other procedures that we have seen them use. They should face penalties if they take such actions, and there should be big, legally enforceable compensation for the workforce. There should be legal redress and reparations—not just for workers but for Government—from companies that have received regional or national grants of taxpayers' money. We know that in Germany and France legislation is much harsher and more protective. If we are serious about the issue, that is the type of legal framework that we need.
When employers, regardless of who they are—today there is some hypocrisy in the chamber on the issue—steal wages, pensions or redundancy money, it should not be just a civil matter. Theft is theft. The money that has been taken by Simclar belongs to its workers, just as money that was taken by other employers belonged to the workers in their factories. There should be criminal legislation in the area—the trade unions and the workforce should be able to take employers to court to recover the money. In my opinion, if Sam Russell steals money from pensions, redundancy payments and wages, he should be put in jail. That should be a criminal act—we need more than just civil legislation.
We need more than words. The big problem is that no proposal for legislation is on the agenda of the minister or the Government parties. I realise that some of the issues are reserved, but there has been no probing to examine what the Scottish Parliament could do and whether legislation could be introduced to bring back protection for workers. We need legislation.
Politics is about power—who is in power and who they represent. It is clear that Labour, both in Westminster and here, is not representing the workforce or trade unions. There should be an automatic right to be a member of a trade union and to be represented by a union. Because the anti-trade union laws have not been repealed, workers have been put in a precarious position.
Finally, I put on record that I have not stolen or absconded with anybody's wages, and I am an employer in this Parliament.
The amendment that the SSP lodged, which was not selected, highlights the need for a legal framework to ensure that it costs employers to up sticks, to move jobs to China, to close factories, to asset strip and to use all the other procedures that we have seen them use. They should face penalties if they take such actions, and there should be big, legally enforceable compensation for the workforce. There should be legal redress and reparations—not just for workers but for Government—from companies that have received regional or national grants of taxpayers' money. We know that in Germany and France legislation is much harsher and more protective. If we are serious about the issue, that is the type of legal framework that we need.
When employers, regardless of who they are—today there is some hypocrisy in the chamber on the issue—steal wages, pensions or redundancy money, it should not be just a civil matter. Theft is theft. The money that has been taken by Simclar belongs to its workers, just as money that was taken by other employers belonged to the workers in their factories. There should be criminal legislation in the area—the trade unions and the workforce should be able to take employers to court to recover the money. In my opinion, if Sam Russell steals money from pensions, redundancy payments and wages, he should be put in jail. That should be a criminal act—we need more than just civil legislation.
We need more than words. The big problem is that no proposal for legislation is on the agenda of the minister or the Government parties. I realise that some of the issues are reserved, but there has been no probing to examine what the Scottish Parliament could do and whether legislation could be introduced to bring back protection for workers. We need legislation.
Politics is about power—who is in power and who they represent. It is clear that Labour, both in Westminster and here, is not representing the workforce or trade unions. There should be an automatic right to be a member of a trade union and to be represented by a union. Because the anti-trade union laws have not been repealed, workers have been put in a precarious position.
Finally, I put on record that I have not stolen or absconded with anybody's wages, and I am an employer in this Parliament.
In the same item of business
The Presiding Officer (Mr George Reid):
NPA
Good morning. The first item of business is a debate on motion S2M-5581, in the name of Rosemary Byrne, on workers' rights.
Ms Rosemary Byrne (South of Scotland) (Sol):
Sol
This Solidarity debate is about improving workers' rights and strengthening trade unions throughout Scotland and the United Kingdom.The context for the debat...
Irene Oldfather (Cunninghame South) (Lab):
Lab
Will the member give way?
Ms Byrne:
Sol
I need to make progress; I have to cover a lot of ground.I seek an assurance from the minister that the situation will be rectified immediately, so that PACE...
The Deputy Minister for Enterprise and Lifelong Learning (Allan Wilson):
Lab
I am a lifelong trade unionist, too, and the subject matter of the debate is close to my heart. I thank Rosemary Byrne and Solidarity for giving us the oppor...
Ms Byrne:
Sol
Does the minister agree that up to now the PACE initiative has been disappointing and that there is a need to press for improvements as quickly as possible?
Allan Wilson:
Lab
In the context of PACE, there is an issue when an employer refuses to co-operate with public agencies that deliver services, as has happened in the case that...
Irene Oldfather:
Lab
Has the minister had any advice from officials about any way in which the closure might contravene the European information and consultation directive? Would...
The Presiding Officer:
NPA
You now have one minute left, Mr Wilson.
Allan Wilson:
Lab
Thank you, Presiding Officer—although that is not a long time in which to deal with what are fairly complex matters. I will perhaps come back to some of thes...
Jim Mather (Highlands and Islands) (SNP):
SNP
We are whole-heartedly in favour of workers' rights, and we are grateful to Solidarity for creating this opportunity to debate the subject. We believe that, ...
Jackie Baillie (Dumbarton) (Lab):
Lab
Jim Mather has talked about the Government's position. I wonder what the Scottish National Party's position is on the proposed bill to reform the trade union...
Jim Mather:
SNP
We will give it due consideration. Today, I am calling for a proper and full debate in which we learn from other places. There is a difficult blend to be ach...
Allan Wilson:
Lab
I agree. Would the member agree with me that the UK has been spectacularly successful in that context? It is one of only three EU countries that have surpass...
Jim Mather:
SNP
There has been an element of success but, if we consider countries such as Denmark, we find that they have achieved that better. We are currently facing the ...
Phil Gallie (South of Scotland) (Con):
Con
Rosemary Byrne's speech was wide-ranging and time is a constraining factor in the debate, so I will not seek to make interventions and I will not take any du...
Mr Jamie Stone (Caithness, Sutherland and Easter Ross) (LD):
LD
I apologise to the Presiding Officer and to Rosemary Byrne for being late. One is subject to the vagaries of the taxi service, such as it is.It may surprise ...
Jackie Baillie:
Lab
I am surprised.
Mr Stone:
LD
I thank Jackie Baillie for that.Having worked in the oil fabrication sector and in the drilling sector for some years, I understand exactly the fear that has...
The Presiding Officer:
NPA
I thank the member for being brief. Such short debates always mean truncated speeches and few interventions. They are not particularly satisfactory in that r...
Chris Ballance (South of Scotland) (Green):
Green
I will stick to my two minutes. The motion is excellent and it is important to debate such issues. It is positive that all members—in the motion and the amen...
Jackie Baillie (Dumbarton) (Lab):
Lab
I acknowledge the difficulties that have been experienced by workers in Simclar, NCR Dundee and Young's, and in Methode Electronics Europe in my constituency...
Tommy Sheridan (Glasgow) (Sol):
Sol
Will the member confirm the truth to the chamber—that the quotes that she read out come from the NUJ chapel that happens to be the Scottish Socialist Party c...
Frances Curran (West of Scotland) (SSP):
SSP
That is rubbish.
Jackie Baillie:
Lab
A member has responded to Mr Sheridan's point from a sedentary position. I understand that both the organisations to which I referred are in formal dispute w...
Mr Adam Ingram (South of Scotland) (SNP):
SNP
I deplore Jackie Baillie's rather petty contribution to this morning's debate. It did not set the right tone, especially for the Simclar workers who are look...
Frances Curran (West of Scotland) (SSP):
SSP
I welcome this debate on workers' rights, which is long overdue. I regret the fact that the chamber has been spurred into action on the matter by the Simclar...
Irene Oldfather (Cunninghame South) (Lab):
Lab
First, I apologise to the chamber—I have had laryngitis this week, but I thought that it was important to come here today to make the case that the Simclar w...
Campbell Martin (West of Scotland) (Ind):
Ind
I congratulate Rosemary Byrne and Solidarity on bringing the issue of workers' rights to the Parliament, and I acknowledge the immense amount of work that Ro...
Bill Aitken (Glasgow) (Con):
Con
This has been an extremely unhappy debate. I have never been a trade unionist, but I have been made redundant—it happened six months before the Parliament ca...