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| The post-devolution "partnership working" between unions, employers and employees in Wales looks set to be threatened by the UK Government's draconian Trade Union Bill. (Pic : Wales Online) |
Shwmae. Yesterday, the Assembly held another backbench members debate, this time related to one of the most controversial laws introduced for a long time in the UK Parliament.
The Trade Union Bill (as introduced – pdf) has been roundly condemned – not just by those on the left - as draconian due to provisions such as minimum thresholds for strike ballots in the public sector, mandatory registration with the police for certain activities and allowing the use of agency workers to fill in for striking staff members.
The motion, backed by 23 AMs – which could be a record for a members debate – called upon the National Assembly to :
- Take pride in the good relations between employers, trade unions and employees in both public and private sectors.
- Agree the Trade Union Bill is an "unnecessary attack on the democratic rights of working people".
- Agree the Bill contravenes parts of the Human Rights Act 1998 and International Labour Organisation (ILO) conventions.
- Agree the Bill covers areas that are devolved and should not be apply to Wales unless approved by the National Assembly.
There are no video clips today because of what seems to be a problem with the Senedd TV player - I don't think it's been archived properly - but you can still watch the debate here.
Mick Antoniw AM (Lab, Pontypridd) started things off by quoting Margaret Thatcher – of all people - who once said the Conservatives believe the law should assist trade unions in carrying out their work. He accused the UK Government of destroying the public sector, attacking fundamental rights and creating inequalities under the guise of "helping working families".
He described the Bill as an unwarranted attack on internationally-recognised rights of trade unions, saying the minimum turnout thresholds far exceed those for MPs, AMs and councillors. It also gives the UK Government the right to interfere in employment contracts and collective agreements, trampling on any notion of "partnership working".
Mick warned that picketing will be subject to state and policy scrutiny that exceeds that which is acceptable in a democracy, suggesting that the freer the trade unions, the freer the country. In addition to comparing the Bill to the Stasi, General Franco's Spain and Soviet Union (which banned trade unions in the long-standing tradition of Socialist/People's Republics), he accused the Conservatives of hypocrisy by using e-balloting for their own Mayor of London selection, but refusing to allow trade unions to do it as it's "not sufficiently secure".
Leader of the Opposition, Andrew Davies' (Con, South Wales Central), contribution began with a bit of playground stuff, saying no Tories were invited to speak at a lunchtime event on the Bill – a claim immediately contested by Leanne Wood AM (Plaid, South Wales Central). Does this stuff really matter? I hear Nick Ramsay's been throwing wet toilet paper at the roof of the boy's toilets and Gwyn Price threw up in the canteen.
Anyway, he said unions play a vital role in the workplace, acting as a conduit between management and workers as well as improving productivity. However, he said it was a shame political actions by unions – such as the Falkirk candidate vote-rigging - have alienated parts of society, with union leaders trying to live their political dreams of the back of their members He added that political contributions - whether from unions, business or individuals - should be voluntary. The Trade Union Bill proposal was in the Conservative manifesto, and as they won the UK election they have a right to pursue their own policies.Julie Morgan AM (Lab, Cardiff North) called the Bill an unprecedented attack on workers rights, unnecessary, and a divisive law. Unions only seek strike action as a last resort, and many strikes have been averted in Wales due to negotiation – so Wales isn't a strike-ridden society as the number of days lost to strikes are at record lows (graphic below).
Julie said the Bill ties in with scrapping the Human Rights Act (Devolution : Last Stand of the Human Rights Act?), scrapping legal aid and cutting back on voting rights, adding that the use of temps as strike-breakers was a potentially nasty situation, as recruiters have said themselves it's not a good idea for agency workers or clients.
Mick Antoniw AM (Lab, Pontypridd) started things off by quoting Margaret Thatcher – of all people - who once said the Conservatives believe the law should assist trade unions in carrying out their work. He accused the UK Government of destroying the public sector, attacking fundamental rights and creating inequalities under the guise of "helping working families".
He described the Bill as an unwarranted attack on internationally-recognised rights of trade unions, saying the minimum turnout thresholds far exceed those for MPs, AMs and councillors. It also gives the UK Government the right to interfere in employment contracts and collective agreements, trampling on any notion of "partnership working".
Mick warned that picketing will be subject to state and policy scrutiny that exceeds that which is acceptable in a democracy, suggesting that the freer the trade unions, the freer the country. In addition to comparing the Bill to the Stasi, General Franco's Spain and Soviet Union (which banned trade unions in the long-standing tradition of Socialist/People's Republics), he accused the Conservatives of hypocrisy by using e-balloting for their own Mayor of London selection, but refusing to allow trade unions to do it as it's "not sufficiently secure".
Leader of the Opposition, Andrew Davies' (Con, South Wales Central), contribution began with a bit of playground stuff, saying no Tories were invited to speak at a lunchtime event on the Bill – a claim immediately contested by Leanne Wood AM (Plaid, South Wales Central). Does this stuff really matter? I hear Nick Ramsay's been throwing wet toilet paper at the roof of the boy's toilets and Gwyn Price threw up in the canteen.
Anyway, he said unions play a vital role in the workplace, acting as a conduit between management and workers as well as improving productivity. However, he said it was a shame political actions by unions – such as the Falkirk candidate vote-rigging - have alienated parts of society, with union leaders trying to live their political dreams of the back of their members He added that political contributions - whether from unions, business or individuals - should be voluntary. The Trade Union Bill proposal was in the Conservative manifesto, and as they won the UK election they have a right to pursue their own policies.Julie Morgan AM (Lab, Cardiff North) called the Bill an unprecedented attack on workers rights, unnecessary, and a divisive law. Unions only seek strike action as a last resort, and many strikes have been averted in Wales due to negotiation – so Wales isn't a strike-ridden society as the number of days lost to strikes are at record lows (graphic below).
Julie said the Bill ties in with scrapping the Human Rights Act (Devolution : Last Stand of the Human Rights Act?), scrapping legal aid and cutting back on voting rights, adding that the use of temps as strike-breakers was a potentially nasty situation, as recruiters have said themselves it's not a good idea for agency workers or clients.
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| (Pic : ONS via BBC) |
Bethan
Jenkins AM (Plaid, South Wales West) said it's not a political point
by saying the Bill is an attack on working people at a time when the
interests of employers and the wealthy don't need the scales tipped
further in their favour – citing zero hour contracts and in-work
poverty. The monitoring provisions take spying to another
level, and unions were facing restrictions only seen in countries
that lack free elections.
The Bill places the blame on the workforce whilst not considering the negative contribution of employers. As the Bill has a big impact on the public sector, it includes devolved matters too. This means consideration should be given to a reverse of the usual bouncing of Welsh laws to judicial review. Bethan suggested Welsh local authorities should follow Scotland's example by refusing to apply parts of the law (if passed), ending by calling on Conservative AMs to put the workforce first and take their message to Whitehall.
David Rees AM (Lab, Aberavon) called the Bill one of the most worrying and dangerous initiatives in modern British politics. As someone with a union background he has a deep-seated belief in their role and any erosion would lead to serious imbalance in the workplace, comparing it to a return of serfdom.
David saved particular criticism for the rejection of e-balloting when we have secure banking and there've been calls for online voting. He described workers ability to withdraw labour as a fundamental right, also warning of a breakdown in partnership arrangements.
Alun Davies AM (Lab, Blaenau Gwent) told the Assembly the Conservatives can't be accused of hiding their true intentions, as it's not just attack on trade unions, but an attack on civil liberties and basic freedoms. People are constantly lectured on individual freedoms by Tory governments, but what of trade unionist rights?
Successful economies are based on good industrial relations and mutual respect/co-operation. The Bill lacks basic respect for working people, with no democratic or practical argument for the Bill's provisions. He goaded the Tory benches by saying they don't have the guts to stand up to their own government, after asking Labour backbenchers to do the same recently (a reference to the Jenny Rathbone committee sacking, I presume).
Responding on behalf of the Welsh Government, Public Services Minister, Leighton Andrews (Lab, Rhondda), said the Bill has the potential to cause significant damage to the social and economic fabric of the UK. Proposals like the use of agency workers will lead to a more confrontational relationship between employers and workers, citing Financial Times comments that it was a lot like the UK Government crossing the road to pick a fight. This was in sharp contrast to the partnership approach in Wales.
Leighton said the short summer consultation and feeble evidence base mean the Bill isn't supported by evidence. Legislation wasn't needed in Wales either, as disputes tend to be resolved much quicker than England, mentioning that the UK Government also acknowledges the Bill endangers Human Rights Act provisions.
The Welsh Government doesn't believe the Bill should apply in Wales without Assembly consent, as the Bill clearly refers to devolved public services – like health, fire services and education. English structures shouldn't be imposed on the other nations of the UK, and the Welsh Government are considering how they would protect devolved interests, which could include refusing to table a Legislative Consent Motion for the Bill in the Assembly.
Rounding off the debate, Peter Black AM (Lib Dem, South Wales West) was pleased at the level on consensus by the speakers – apart from one. He condemned the Bill as illiberal and dangerous, as well as impacting devolved responsibilities. Although he's not a union member, he believed members should be entitled to protect their interests. He also suggested the Bill wasn't in the Conservative manifesto and would go far beyond 1980s curbs on union activity.
The motion was approved by 40 votes to 11.
A Sphincter of the British Arse
The Bill places the blame on the workforce whilst not considering the negative contribution of employers. As the Bill has a big impact on the public sector, it includes devolved matters too. This means consideration should be given to a reverse of the usual bouncing of Welsh laws to judicial review. Bethan suggested Welsh local authorities should follow Scotland's example by refusing to apply parts of the law (if passed), ending by calling on Conservative AMs to put the workforce first and take their message to Whitehall.
David Rees AM (Lab, Aberavon) called the Bill one of the most worrying and dangerous initiatives in modern British politics. As someone with a union background he has a deep-seated belief in their role and any erosion would lead to serious imbalance in the workplace, comparing it to a return of serfdom.
David saved particular criticism for the rejection of e-balloting when we have secure banking and there've been calls for online voting. He described workers ability to withdraw labour as a fundamental right, also warning of a breakdown in partnership arrangements.
Alun Davies AM (Lab, Blaenau Gwent) told the Assembly the Conservatives can't be accused of hiding their true intentions, as it's not just attack on trade unions, but an attack on civil liberties and basic freedoms. People are constantly lectured on individual freedoms by Tory governments, but what of trade unionist rights?
Successful economies are based on good industrial relations and mutual respect/co-operation. The Bill lacks basic respect for working people, with no democratic or practical argument for the Bill's provisions. He goaded the Tory benches by saying they don't have the guts to stand up to their own government, after asking Labour backbenchers to do the same recently (a reference to the Jenny Rathbone committee sacking, I presume).
Responding on behalf of the Welsh Government, Public Services Minister, Leighton Andrews (Lab, Rhondda), said the Bill has the potential to cause significant damage to the social and economic fabric of the UK. Proposals like the use of agency workers will lead to a more confrontational relationship between employers and workers, citing Financial Times comments that it was a lot like the UK Government crossing the road to pick a fight. This was in sharp contrast to the partnership approach in Wales.
Leighton said the short summer consultation and feeble evidence base mean the Bill isn't supported by evidence. Legislation wasn't needed in Wales either, as disputes tend to be resolved much quicker than England, mentioning that the UK Government also acknowledges the Bill endangers Human Rights Act provisions.
The Welsh Government doesn't believe the Bill should apply in Wales without Assembly consent, as the Bill clearly refers to devolved public services – like health, fire services and education. English structures shouldn't be imposed on the other nations of the UK, and the Welsh Government are considering how they would protect devolved interests, which could include refusing to table a Legislative Consent Motion for the Bill in the Assembly.
Rounding off the debate, Peter Black AM (Lib Dem, South Wales West) was pleased at the level on consensus by the speakers – apart from one. He condemned the Bill as illiberal and dangerous, as well as impacting devolved responsibilities. Although he's not a union member, he believed members should be entitled to protect their interests. He also suggested the Bill wasn't in the Conservative manifesto and would go far beyond 1980s curbs on union activity.
The motion was approved by 40 votes to 11.
A Sphincter of the British Arse
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| AssetCo used temporary strike-breakers during a 2010 FBU strike leading to confrontations. They exited the UK market less than two years later following massive losses. (Pic : Socialist Party) |
I'm no fan of trade union
leaders and believe their involvement in politics is sometimes as
poisonous as that of big business barons. Regardless of whether it's a
poster of Che Guevara or Ronald Reagan on their wall, they're two
cheeks of the same arse, unloading on everyone.
This is a terrible law, but any claim that it's "undemocratic" or has been snuck through the back door is wrong. It's being passed in the great tradition of British politics.
Peter Black claimed the Bill wasn't/wasn't clearly in the 2015 Conservative party manifesto. It was (pdf p18-19). There are unambiguous proposals for minimum thresholds on strike ballots in key public services, hiring agency staff to break strikes and measures on facility time.
As usual with the Conservatives (and previous Labour governments), they take reasonable enough proposals and add a drop of snake poison to them to give those ideas a nasty edge.
For example, there's nothing wrong with having minimum standards for/reforms of union ballots – perhaps overseen by the Electoral Commission – but requiring minimum thresholds is as ridiculous as compulsory voting.
Again, there's nothing inherently wrong with having a single point of contact on picket lines, but the requirement to register with the police is bone-chilling.
The worst part of all this is the use of agency staff. I've mentioned before that I'm no admirer of the recruitment industry, and using temps as scabs is, as Julie Morgan warned, potentially explosive.
The callous irony of using people who already have little in the way of employment rights to break strikes just tells you all you need to know about where the UK's heading, and why Wales should aim to distance ourselves from it as much as we possibly can.
There's nothing in Schedule 7 of the Government of Wales Act that explicitly states the Assembly can't legislate on trade unions, industrial relations or freedom of assembly when it comes to devolved services.
The big problem standing in the way of AMs wanting to block this in Wales is Westminster's primacy in all UK law. As I see it, if the UK Government and Parliament want to push this through and make it apply across the whole UK they can, though it would probably be for the Supreme Court to decide one way or another.
This is a terrible law, but any claim that it's "undemocratic" or has been snuck through the back door is wrong. It's being passed in the great tradition of British politics.
Peter Black claimed the Bill wasn't/wasn't clearly in the 2015 Conservative party manifesto. It was (pdf p18-19). There are unambiguous proposals for minimum thresholds on strike ballots in key public services, hiring agency staff to break strikes and measures on facility time.
As usual with the Conservatives (and previous Labour governments), they take reasonable enough proposals and add a drop of snake poison to them to give those ideas a nasty edge.
For example, there's nothing wrong with having minimum standards for/reforms of union ballots – perhaps overseen by the Electoral Commission – but requiring minimum thresholds is as ridiculous as compulsory voting.
Again, there's nothing inherently wrong with having a single point of contact on picket lines, but the requirement to register with the police is bone-chilling.
The worst part of all this is the use of agency staff. I've mentioned before that I'm no admirer of the recruitment industry, and using temps as scabs is, as Julie Morgan warned, potentially explosive.
The callous irony of using people who already have little in the way of employment rights to break strikes just tells you all you need to know about where the UK's heading, and why Wales should aim to distance ourselves from it as much as we possibly can.
There's nothing in Schedule 7 of the Government of Wales Act that explicitly states the Assembly can't legislate on trade unions, industrial relations or freedom of assembly when it comes to devolved services.
The big problem standing in the way of AMs wanting to block this in Wales is Westminster's primacy in all UK law. As I see it, if the UK Government and Parliament want to push this through and make it apply across the whole UK they can, though it would probably be for the Supreme Court to decide one way or another.
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