5. What legal advice has the Counsel General given to Welsh Ministers regarding their ability to protect trade union rights? OQ58497

Thank you for the question. The Welsh Government is committed to working in social partnership with our trade union colleagues. We will continue to do all that we can to support the important work that trade unions undertake on behalf of their members.

I thank the Counsel General for that response. In her campaign for the leadership of the Conservative Party, the current Prime Minister said that she would bring strict rules in for trade unions, extending the notice period for industrial action to 28 days and increasing the threshold that needs to be reached to have industrial action so that it has a mandate—a far higher one than the mandate that she has within her own party. It's clear that she has no understanding of the circumstances and conditions of many of those within the workforce today—look at Amazon, the Royal Mail, the train workforce, barristers and now nurses here in Wales suggesting that they will take industrial action. Does the Minister agree that it's time to devolve employment law to Wales or, even better, to have independence for Wales? 

Thank you very much for the question, and you covered a number of areas that we have discussed and debated in this Chamber on many occasions. Would I like to see employment law devolved? I think employment law is moving to a situation where more and more of it needs to be devolved. The struggle we have had in terms of how we actually legislate in terms of those economic areas, trade union areas, and so on, has always been one where we've had to tread very, very carefully. The Social Partnership and Public Procurement (Wales) Bill, of course, creates what I think is very innovative legislation. I think it is very important in that we would become the first part of the UK to create a statutory framework, a legal framework for partnership between trade unions, Government and business. And I think the partnership arrangements that we have had and developed over the years are an example of why our relationship with organised labour has been so much more effective, and why, in fact, we've avoided strikes within Wales that have occurred in the UK. 

Can I also say that this is a response, obviously, to a number of industrial actions that are taking place at the moment, all of which have been obtained with scales of voting that go way above any of those barriers? So, the question is: what is it really about? It's about the UK Government, which, again, is seeking ways to denude and disempower trade unions, and what has become clear during the COVID period and earlier is, of course, the important role that trade unions have played in maintaining standards and conditions of working people. I think it also has a very significant role in terms of the democracy we talk about, and the role of law that we talk about within our society and that we want to have as a standard within Wales. You want to look around the world at any dictatorship. You can judge the quality of democracy, I believe, in any country by the extent of freedom that its trade unions have—the ability of people to organise and stand up to government. Sometimes, that means organisations taking actions that cause inconvenience to others, but it's a fundamental precept of democracy. And I think any move in terms of this particular direction would be anti-democratic. It would be an increasing move, as we have seen with the Tory Government, towards authoritarianism, and I think it's something that we would want to resist at every opportunity possible.