Assembly rejects Trade Union Bill

It's a no from the Assembly....
(Pic : BBC Wales)

Earlier today, the National Assembly voted on the UK Government's highly-controversial Trade Union Bill, which most AMs – and the Welsh Government - roundly criticised last year (AMs take swipe at Trade Union Bill).

What were AMs voting on?

Whenever the UK Government wants to pass law in devolved areas they ask the National Assembly's permission via a Legislative Consent Motion (LCM) – which is available here (pdf). In Scotland they're known as Sewel Motions.

The specific parts of the Trade Union Bill under consideration by the Assembly were :

• Clause 3 – Sets a minimum 40% turnout threshold for any vote on industrial action to be valid. This covers public services like the NHS, fire and rescue services, transport services and schools.
• Clauses 12 & 13 – Grants UK Ministers the power to create regulations forcing public employers to report on any facility time trade union members/employees take. It also gives UK Ministers the power to limit the amount of facility time employees can take.
• Clause 14 – A ban on public sector employers automatically deducting union subscriptions from employees pay.

As clearly stated, these clauses apply to public services, many of which are devolved – like health, education, local government and the fire service – and fall within the legislative competence of the Assembly.

In the LCM, Public Services Minister, Leighton Andrews (Lab, Rhondda), said :

"The Welsh Government does not agree that these provisions should be made because we consider that they will prove socially divisive, lead to more confrontational relationships between employers and workers, and ultimately undermine rather than support public services and the economy

....the Welsh Government's view is that consent should not be given in this case."

The Debate

No videos today as the Assembly are currently amending the Environment Bill and I'm not waiting around for it to finish. If AMs see fit to do their job half-arsed, I'll start returning that in kind.

The Minister said asking the Assembly to reject an LCM was "unusual", but the Enterprise & Business Committee recommended it was for the Assembly to decide. The Bill's aim to "protect essential public services" from strikes clearly crosses into devolved services; policy he believes to be a matter for the Assembly, with Wales having a good record of resolving disputes through social partnership

He accused the UK Government of not taking devolved interests into account, adding that some parts of the Bill hadn't been discussed at all in advance.

Leader of the Opposition, Andrew Davies (Con, South Wales Central), said his party would approve the LCM, saying it was a manifesto commitment in 2015 and the UK Government have a right to legislate on employment law. Unions have an important role to play in improving working conditions, but union leaders are "living their political dreams" off the back of members subscriptions. He was subsequently warned by the Llywydd over the possible use of "unparliamentary language" (something about calling Labour AMs a "mob", I think).

John Griffiths AM (Lab, Newport East) said the Bill affects important parts of the Welsh Government and Assembly's work, and was an "ideologically-driven attack on trade unionism", being the latest step in the erosion of workers rights. Progressive governments would want to chart a different course and the Bill would undermine the relationship between public employers and workers. He also accused the Welsh Conservatives of doing Westminster's bidding.

Plaid Cymru leader, Leanne Wood (Plaid, South Wales Central), accused the Leader of the Opposition of workers through union leaders and ordinary workers would now have an idea of what the Welsh Conservatives think of their contribution to society. Leanne said partnership between workforce and employer minimises disputes – Wales wasn't regularly disrupted by strikes - and the Bill "makes no sense" and is "regressive". There are clear implications for devolved areas, and as industrial relations weren't excepted in the Government of Wales Act 2006 there's a loophole that will eventually be closed by the draft Wales Bill's proposed reserved powers.

Peter Black AM (Lib Dem, South Wales West) opposes the LCM, describing the Bill as "illiberal" and something that would seriously impact devolution and public services by imposing English service structures on Wales. He believes the Assembly and Welsh Government are best placed to determine industrial relations. Although he said we need to trust how unions are funded and how they use that money, the Bill wasn't the way to do it. Plus, the minimum turnout threshold could have future implications for all elections.

Julie Morgan AM (Lab, Cardiff North) said the Leader of the Opposition's language was "retrograde" due to the history of good working relationships with unions. The UK Government can't legislate on devolved areas without the consent of devolved bodies and what Whitehall were doing goes against constitutional conventions. Also, industrial relations might be non-devolved, but they're not excepted either. Joyce Watson AM (Lab, Mid & West Wales) said something too.

Bethan Jenkins AM (Plaid, South Wales West) outlined that the whole Bill was a problem. She doesn't buy arguments that the Bill would impact union leaders, instead it would affect ordinary members. Bethan said it gives a "mandate to bad bosses" by disincentivising them from entering negotiations if ballot votes expire after four months (Clause 8 of the Bill). Good worker-employee relations also lead to happier workplaces.

Jeff Cuthbert AM (Lab, Caerphilly) said the Bill neuters trade unions as a forum and was a "nakedly political attack" on Labour party funding.

In reply, the Minister was grateful for the cross-party opposition, though Suzy Davies AM (Con, South Wales West) intervened to question whether AMs should declare an interest (presumably whether they're members of, or received donations from, unions)? The Minister said farmers don't do anything similar when discussing those matters and it's all in the register.

He asked for the Assembly to "send a strong message" to the UK Government and House of Lords (where the Bill is currently) to remove those clauses from the "punitive and vindictive" Bill or have them disapplied in Wales. If they don't, Labour would introduce legislation in the Fifth Assembly to remove them.

The LCM was subsequently rejected by 43 votes to 13.

What happens next?

In the spirit of the law and devolution settlement the parts the Assembly rejected will no longer apply in Wales – but the spirit of the law counts for very little in the UK.

Westminster and Whitehall can still force those elements through in Wales due to its parliamentary sovereignty - and I'd fully expect them to do so, as they did with Police and Crime Commissioners, which were rejected by AMs in 2011 under similar circumstances.

AMs may well have stood their ground to take advantage of a constitutional loophole, but it's ultimately a pointless gesture.