<p>The Trade Union Act 2016</p>

1. 1. Questions to the Cabinet Secretary for Finance and Local Government – in the Senedd on 29 June 2016.

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Photo of Hannah Blythyn Hannah Blythyn Labour

(Translated)

1. Will the Minister provide an update on plans to repeal aspects of the Trade Union Act 2016? OAQ(5)0009(FLG)

Photo of Mark Drakeford Mark Drakeford Labour 1:30, 29 June 2016

Plans to repeal aspects of the Trade Union Act were included in the First Minister’s legislative programme statement made yesterday, and this will be brought forward during the first year of this Assembly term.

Photo of Hannah Blythyn Hannah Blythyn Labour

Thank you, Cabinet Secretary. As a proud trade unionist, I welcome this Government’s commitment to repeal aspects of this pernicious piece of ideological and ill-thought-out legislation, legislation that is causing more industrial unrest than less. The Act has the potential to undermine the productive and partnership working relationship that we have, which we champion in Wales, between Government and trade unions. Will you give further commitment to continuing and building on this partnership working?

Photo of Mark Drakeford Mark Drakeford Labour 1:31, 29 June 2016

Well, the Member is absolutely right in saying that the reason why we are opposed to these aspects of the Trade Union Act is because we think they will make things worse, in terms of industrial relations in Welsh public services, and not better. And the partnership approach that we have had in Wales means that, while strikes across our border have gone on in the fire service, amongst nurses, and amongst doctors, we’ve had none of that here in Wales, and that, I believe, is because of our commitment to the partnership approach. We are committed to continuing that approach. I met with the joint secretaries of the workforce partnership council yesterday, and our proposals for the Assembly Bill to repeal those aspects of the Trade Union Act will be discussed at the next meeting of the workforce partnership council, on 14 July.

Photo of Steffan Lewis Steffan Lewis Plaid Cymru

I welcome the announcement that the Welsh Government is seeking to repeal the Trade Union Act as it applies to devolved matters, but I’d like to ask the Cabinet Secretary whether he’ll go a couple of further steps, actually. Firstly, will he commit to reviewing all the regressive anti-workers legislation passed in the 1980s and 1990s, with a view to repealing elements that apply to devolved functions? And, secondly, will he commit this Welsh Government, in the future, to supporting proposals to outlaw immoral working practices, such as the misuse of zero-hours contracts, even if that means pushing the boundaries of devolution?

Photo of Mark Drakeford Mark Drakeford Labour 1:32, 29 June 2016

Well, Llywydd, we have to act within the boundaries of our devolved competence. As well as wishing to repeal aspects of the Trade Union Act because of its effect on industrial relationships and our partnership approach, as the First Minister said yesterday, our opposition to them is based on our belief that they trespass into the devolved responsibilities of this National Assembly, and that’s why we will seek to repeal them.

In answer to the Member’s questions about previous trade union legislation, the workforce partnership council is exactly where we discuss those things, and, where there is agreement between us, trade unions and employers, we will continue to review all aspects of such legislation. As far as zero-hours contracts are concerned, there’s a considerable amount of work going on across Government on that issue, and other Members of the Cabinet will be bringing forward proposals during the rest of this Assembly term.

Photo of Dawn Bowden Dawn Bowden Labour 1:33, 29 June 2016

Cabinet Secretary, many of the employment protections offered to workers in Wales are based on protections emanating from the European Union. We’ve already seen indications, as I mentioned yesterday, from some of the leading Brexiteers, that they see part of the negotiations around the UK’s exit from Europe as a chance to undo much of this employment rights legislation, including anti-discrimination laws and guarantees on minimum paid leave, maximum working hours, and maternity and paternity provisions. What confidence can trade unionists in Wales have that the rights of workers will continue to be protected post-Brexit?

Photo of Mark Drakeford Mark Drakeford Labour 1:34, 29 June 2016

Well, the Member asks a very important question, which places our decision to repeal—to ask the National Assembly to repeal—aspects of the Trade Union Act in that very important context. The case for continuing EU membership was predicated on the social protections that membership of the European Union provided to working people. Without those protections, and with the UK Government in the hands of people who argued to leave the European Union, then we are right to try and maximise the amount of protection that we are able to afford workers in Wales, through the actions that this National Assembly is able to take.