3. What assessment has the Counsel General made of whether the Assembly has the legislative competence to ban the use of zero-hours contracts in Wales? OAQ(5)0036(CG)

Members will know that my advice is legally privileged. Proposals to legislate for zero-hours contracts would require detailed analysis of legislative competence, having regard to the particular factual circumstances and context.

I thank him for that answer. Exploitative employment conditions are a major scourge of the modern economy and finding a way to outlaw exploitative employment is an absolute priority for us on these benches. I welcome commitments by the UK Labour Party to use reserved powers in Westminster to ban exploitative employment across the UK.

Given his answer about the competence of this place, what does he make of attempts by Plaid Cymru to attach amendments to other legislation that cannot genuinely tackle this blight and put that legislation at risk, even if it secures a good headline for Plaid?

Well, I don’t believe it’s my purpose to comment on proposals that are made by particular individuals or by political parties. What I would say is this: Welsh Government has been very alert to the whole issue of conditions within employment and has raised on a number of occasions the issues of the way in which procurement can be used.

We’ve already seen work that has been done by Welsh Government in respect of blacklisting. We’ve had, obviously, the discussion on the principles with regard to the trade union Act and, of course, there’s very considerable work that was undertaken, and significant impact, in respect of the Agricultural Sector (Wales) Act 2014, and, of course, the impact of that particular judgement.

The code of practice on ethical employment in supply chains has been launched by the Cabinet Secretary for Finance and Local Government earlier this year. It is a voluntary code, but all organisations that receive funding from the Welsh Government are expected to sign up to it, and it provides that zero-hours contracts are not to be used unfairly.

The Public Services Staff Commission has produced guidance about the use of non-guaranteed-hours contracts and principles and guidance on the appropriate use of non-guaranteed-hours arrangements in devolved public services in Wales.

The Welsh Government has also commissioned and published research about the use of zero-hours contracts in devolved Welsh public services and in the domiciliary care context. Of course, Members will be aware of statements that have been made by Ministers in respect of the ongoing work of Welsh Government on the issue of tackling job insecurity, zero-hours contracts and imposed self-employment, and also considerations that are being given specifically to the care sector.

Well, perhaps to help test that central competence question, Welsh Government can of course try and offer advice and guidance, as you’ve just mentioned, Counsel General. If so, what status does that have in terms of non-compliance and how would you view the fact that, on my last set of figures, Bridgend County Borough Council, until last week, employed almost 350 staff on zero-hours contracts? Would you think that complies with the sort of mission that you have against unfair use of those contracts?

Well, the code of practice on ethical employment in supply chains is there. It’s there for public bodies to take into account when it comes to consideration of future contracts. Obviously, the expectation is that all public bodies will have regard to that particular code. Any further steps that can be taken by Welsh Government will have to ensure that they are actually compliant with the competence that this Assembly actually has.

Members will be well aware of the issues that arose in the agriculture (Wales) Act—incidentally, something that the Member’s party actually opposed—which actually gave a very clear understanding of the way in which competence is considered under the conferred-powers model. Of course, we will, in due course, be changing to a different model, a reserved-powers model, in the future. The guidance that’s issued is voluntary, but we would expect compliance with it. And of course I have no doubt whatsoever that the Minister will want to see a system where it is reviewed in due course in the future.

Thank you for your answers on the subject so far. It’s good that there is at least a code of practice that you’ve drawn up, but the point that Plaid made last week through Adam Price on the zero-hours issue was that you’ve laid claim to legal competence over the public sector employment area in your putting through the trade union Act, so it seems inconsistent with your approach to zero-hours contracts.

There’s no inconsistency. Any set of circumstances where there is a piece of legislation or an amendment that is proposed has to be considered in the light of the legislative competence that we actually have. That’s the point I made, I think, in my first answer, and that is that we have regard to the particular factual circumstances and context. And in the light of that, the issue of competence is decided upon.