12. 11. Debate: Stage 4 of the Trade Union (Wales) Bill

– in the Senedd at 7:20 pm on 18 July 2017.

Alert me about debates like this

Photo of Elin Jones Elin Jones Plaid Cymru 7:20, 18 July 2017

(Translated)

The next item is the debate on Stage 4 of the Trade Union (Wales) Bill, and I call on the Cabinet Secretary for Finance and Local Government to move the motion—Mark Drakeford.

(Translated)

Motion NDM6372 Mark Drakeford

To propose that the National Assembly for Wales in accordance with Standing Order 26.47:

Approves the Trade Union (Wales) Bill.

(Translated)

Motion moved.

Photo of Mark Drakeford Mark Drakeford Labour 7:20, 18 July 2017

Diolch yn fawr, Llywydd. It’s been a very enjoyable experience helping to take this Bill through the National Assembly for Wales. It’s been one of those happy occasions when all the best arguments, and almost all votes, have been on the right side of the debate.

Can I thank all those who have taken part in the scrutiny of the Bill: the team of officials who’ve worked on it from the Welsh Government’s perspective; those who gave evidence during the scrutiny process, both employers and trade unions; and, of course, those committee members who oversaw scrutiny of the Bill, both those who were convinced of the rightness of the cause and even those who are yet to see the light? The result is, if the Bill is confirmed today, that the democratic will of this National Assembly will have been firmly and formally asserted, and asserted in support of the social partnership model that we have developed here in the devolution era.

The conduct of public services in Wales is a matter for this institution, putting into practice the propositions that political parties have put before the electorate here in Wales. We do not seek to interfere with the way in which public services in other UK nations are organised and no-one should seek to interfere in the decisions democratically determined here.

Llywydd, for some of us, this Bill reminds us of why we campaigned for devolution itself—so that policies and approaches that are inimical to Welsh preferences and Welsh ways of doing things could not be foisted on us by those who understand neither. Let us mark this final week before the summer break by getting this Bill onto the statute book today.

Photo of Janet Finch-Saunders Janet Finch-Saunders Conservative 7:22, 18 July 2017

Llywydd, there is little left to say on this Bill that has not already been said in this Chamber. However, I shall have one more go. The Welsh Conservatives remain thoroughly disappointed that the Welsh Labour Government’s first piece of legislation in 2017—yes, in the fifth Assembly term—sets out to back their trade union paymasters, responsible for 91 per cent of registered election campaign donations in May. This, at a time of national crisis for our health and social services, [Interruption.] grave concern—

Photo of Elin Jones Elin Jones Plaid Cymru

Okay, I can’t hear the Member. Quiet, please.

Photo of Janet Finch-Saunders Janet Finch-Saunders Conservative

[Continues.]—grave concern for our Welsh educational standards, and underachievement in many other aspects of Welsh Government delivery. The proposals laid out in this piece of proposed legislation seek to rob the Welsh taxpaying public of protection from undemocratic strike action. They seek to undermine the values of transparency, accountability and openness in the public sector, and this will enable mass disruption for the many by the few, whilst preventing the use of agency workers to keep key services running during strikes in certain sectors.

The Welsh Conservatives will not be supporting this Bill. We believe that the UK Government was right to bring forward the Trade Union Act 2016—an Act that rebalances the interests of employers, employees and the public with the freedom of trade unions to strike, and which, contrary to what many others seem to believe, does not propose to stop facility time, but ensures greater transparency by extending the requirement to publish information about the time and money dedicated to this in the public sector.

The UK Act also moves to end check-off, where the cost is simply picked up by the public purse. The fact that the actual cost of this is so much higher than the evidence taken in committee would lead us to believe, gives us clear motivation for improved transparency in this sector—almost £0.5 million per year for the pro rata provision of check-off services across the public sector in Wales. This is not an absolutely minimal amount, and it is not negligible, as we were advised in evidence. This is a significant amount of money that our public services, including local authorities, would do well to be able to invest elsewhere, employing additional social workers or teaching assistants, for example.

Llywydd, the UK Government’s intention for this Act remains unchanged. These new safeguards should apply to protect employers, employees and the public across the United Kingdom. The Wales Bill will clarify that industrial relations are a reserved matter, and the UK Government will act at the earliest possible opportunity, following the commencement of the Wales Act, to ensure legislation properly protects our public services.

I take great pleasure in opposing this Bill.

Photo of Siân Gwenllian Siân Gwenllian Plaid Cymru 7:25, 18 July 2017

(Translated)

I’d like to remind everyone that Plaid Cymru strongly opposed the Trade Union Act of the UK state when it was brought forward during the last Assembly. We also opposed all of the amendments presented by the Conservatives in this place throughout the journey of this Bill during this Assembly term, challenging every tireless attempt by the Conservatives to attack workers’ rights in the public sector here in Wales. Only through partnership between workers, industry, employers and the Government can we do the best for our country and our economy, and by fully respecting the workforce we can reduce the need for industrial action and dispute.

The greatest sorrow with this Bill is that it needs to be pushed through the legislative process so swiftly. The reason for that, of course, is because it must be passed before the Wales Act is enacted, because the Wales Act will remove powers from this Assembly. It’s very disappointing that we didn’t therefore have an opportunity to expand the rights of workers in the public sector in Wales, for example, by undoing some of the elements of the Acts that go back to the days of Margaret Thatcher.

So, we could have created legislation to protect workers’ rights in the public sector in Wales, but also a piece of legislation that would enhance workers’ rights, and, in the process, strengthen the relationship between the employer, the unions and the workforce. Perhaps we will have an opportunity to look at this at some point in the future.

This Bill is a clear attempt by the establishment here to safeguard the rights of workers in Wales from Conservative assaults on those rights, and, clearly, Plaid Cymru will be voting in favour of this Bill today. Plaid Cymru believes in safeguarding and promoting the positive role that trade unions can and should play in Welsh society.

Photo of Elin Jones Elin Jones Plaid Cymru 7:28, 18 July 2017

(Translated)

I call on the Cabinet Secretary for Finance and Local Government to reply to the debate.

Photo of Mark Drakeford Mark Drakeford Labour

(Translated)

Thank you very much. Can I start by recognising the fact that Plaid Cymru has supported the Bill throughout the process, and they have been of great assistance in the scrutiny process and in bringing this Bill into force?

Llywydd, nid wyf wedi gwrthwynebu honiad parhaus Janet Finch-Saunders mewn dadleuon blaenorol mai hwn yw'r darn cyntaf o ddeddfwriaeth i wneud ei ffordd drwy'r Cynulliad yn ystod y flwyddyn hon. Nawr, rwy'n siŵr fy mod i yma pan gwblhawyd Cyfnod 4 y Bil trafodiadau tir. Roeddwn bron yn sicr yma pan gwblhawyd pedwerydd cyfnod y Bil treth gwarediadau tirlenwi. Roedd llawer ohonom yma pan wnaeth y Bil iechyd y cyhoedd ei ffordd i’r llyfr statud yn gynharach eleni. Rwy'n ofni bod crebwyll Janet o rifyddeg yr un mor dda â’r crebwyll sydd ganddi o flaenoriaethau a dewisiadau Cymru, ac mae'n debyg na chefais fy synnu gan hynny. Roeddwn i’n llawer iawn mwy siomedig bod y crebwyll sydd ganddi o ddemocratiaeth yn amlwg yr un mor ddiffygiol â’r crebwyll sydd ganddi o rifyddeg syml. Mae'r Bil hwn bellach wedi dod gerbron y Cynulliad hwn ym mhob rhan o'i broses. Pleidleisiwyd arno yma yng Nghyfnod 1. Pleidleisiwyd arno yn y pwyllgor yng Nghyfnod 2. Roedd yma eto ar gyfer pleidleiso arno yng Nghyfnod 3, a bydd y Cynulliad Cenedlaethol hwn yn pleidleisio arno eto yng Nghyfnod 4. Ac eto, rydym yn clywed gan y Blaid Geidwadol fod ei Llywodraeth wan a methedig yn San Steffan, a sicrhaodd cymaint ag wyth sedd yng Nghymru yn yr etholiad cyffredinol prin fis yn ôl, yn mynd i ddod o hyd i amser ar lawr Tŷ'r Cyffredin i geisio gwrthdroi’r ewyllys ddemocrataidd a arddelwyd gan y Cynulliad Cenedlaethol hwn. Wel, rwy’n gobeithio’n fawr iawn eu bod yn gwybod yn well na cheisio gwneud hynny. Byddai'n sarhau democratiaeth cyn belled ag y mae’r Cynulliad Cenedlaethol hwn yn y cwestiwn, a byddai’n wastraff difrifol o’r cyfalaf gwleidyddol bychan iawn sydd gan y Llywodraeth fethedig hon ar ôl. Byddwn yn rhoi'r Bil hwn ar y llyfr statud heddiw yn ffyddiog yn y gred ein bod yn gwneud y peth iawn a bod pobl sydd â mwy o synnwyr nag yr ydym wedi ei glywed y prynhawn yma yn gwybod yn well na cheisio ei wrthdroi yn rhywle arall.

Photo of Elin Jones Elin Jones Plaid Cymru 7:30, 18 July 2017

(Translated)

The question is that the motion be agreed. Does any Member object? [Objection.] I will defer voting under this item until voting time.

(Translated)

Voting deferred until voting time.