Part of the debate – in the Senedd at 3:45 pm on 1 March 2023.
Meanwhile, the public sector workforce has had to put up with over a decade of squeezed wages, with average public sector pay in Wales being 4 per cent lower in real terms compared to 2010. In some professions, such as nursing and teaching, the picture is even more grim—nurses' salaries down at least 20 per cent in real terms since 2010; teachers' salaries down 23 per cent since 2010, alongside a staggering 27 per cent cut for support staff.
Now, turning to the Bill and its implications, the Bill gives UK Ministers and employers the power to force workers within six sectors to work during strike action. Through the new work notices system, employers are able to dismiss workers who refuse to comply with the order to work during strike action, thus circumventing statutory rights against unfair dismissal that are enshrined in the Trade Union and Labour Relations (Consolidation) Act 1992. It also obliges unions to enforce these strike-breaking work notices, making them liable to up to £1 million in losses if they cannot force compliance amongst their members. This raises the very real prospect of trade unions being sued into bankruptcy, which would be the case for the first time since 1906.
Article 8 of the International Covenant on Economic, Social and Cultural Rights of 1966, to which the UK is a signatory, affirms the right of everyone to form trade unions and join the trade union of their choice. It also affirms the right of trade unions to function freely. As numerous union representatives and employment law experts have pointed out, the anti-strikes Bill is in direct contravention of these fundamental rights. To quote a recent European Trade Union Confederation statement, this would push the UK
'even further outside the democratic mainstream' on labour rights.
Of course, this Bill is merely the latest in a long line of Tory-driven legislation to undermine the rights of workers. The Industrial Relations Act 1971, introduced by the Heath administration, for example, diluted worker protections and put up new barriers against collective bargaining. This was followed by a succession of Employment Acts under Thatcher's rabidly anti-union Government, which, amongst other things, restricted the ability of unions to picket and outlawed solidarity strikes. More recently, the Trade Union Act 2016 imposed higher thresholds on organising and undertaking industrial action, while last year's repeal of the Conduct of Employment Agencies and Employment Business Regulations enabled employers to hire temporary agency workers to undercut strike action.
The effect of all of this has left the UK with the most repressive anti-union laws in Europe—a point underlined by the fact that, while 60 per cent of workers in the EU are covered by collective bargaining agreements, a mere 26 per cent of UK workers are covered by such agreements. Such facts clearly expose the hollowness of Tory rhetoric on over-mighty union barons and their attempt to dress up this Bill as a measure that will bring the UK in line with European norms.
But, of course, today our motion goes further than just expressing solidarity. Our motion calls on this Senedd and Government to support and campaign for the devolution of employment law. The simple fact is that we can't rely on Westminster to protect the rights of workers. It's a given when the Government is blue, but, sadly, you could say the same if the Government were red. Between 1997 and 2010, did Blair or did Brown repeal Thatcher's anti-union laws? No; in fact, when introducing the Employment Relations Act 1999, Blair wrote in The Times:
'The changes that we do propose would leave British law the most restrictive on trade unions in the Western world.'
Now, I admit that I have more faith in the Welsh Government to protect workers' rights than I do in Blair, Brown and Starmer, but it's because of this lack of belief, and it's because of the fact that Welsh values, when it comes to industrial relations, don't always align with Westminster, that we should be chomping at the bit to bring these powers to this place. Now, the Government's amendment was genuinely disappointing, in the sense that it removed our call, but I hope, throughout the course of this debate, the Deputy Minister might change her mind.