Part of the debate – in the Senedd at 3:36 pm on 20 November 2018.
First Minister, we were given very, very clear assurances during the referendum campaign and subsequently that there would be no denial of workers' rights, no reduction of workers' rights, that those would be protected all the way along. But when one reads the agreement, or the draft agreement as it's set out, superficially it seems quite attractive, because it talks about non-regression. But, First Minister, you will know, as well as I do, that non-regression clauses have very little legal status, are effectively unenforceable, have been rejected as giving any real grounds of support to workers' rights in European law and indeed in British law. The actual clauses that are set out there are ones that really aren't worth the paper that they are written on. Now, that's the view that I've taken of this, and I've also consulted with some of the country's leading employment lawyers, and this is what they say: they say it is therefore abundantly clear that the commitments on non-regression of labour standards and compliance with international labour organisation, the European social charter obligations, will be ineffective and will not achieve what the Government set out in its White Paper; in particular it will be almost certainly be impossible for trade unions and workers to rely directly on these commitments anyway. It is even more abundantly clear that these commitments do not even begin to meet Labour's fourth test of: does it defend rights and protections and prevent a race to the bottom?
Do you agree, First Minister, with that analysis? And in this Assembly, as well as the debate that takes place in Westminster, one of our fundamental commitments is that working people in Wales will not have their rights taken away from them, and that this draft agreement, as it stands, significantly undermines and removes protection from Welsh workers in terms of the rights that they've enjoyed up until now?