Group 7: Social partnership duty (Amendment 43)

– in the Senedd at 6:20 pm on 7 March 2023.

Alert me about debates like this

Photo of Elin Jones Elin Jones Plaid Cymru 6:20, 7 March 2023

(Translated)

Group 7 is the next group of amendments and they relate to the social partnership duty. Amendment 43 is the lead and only amendment in this group. I call on Joel James to move and speak to the amendment. 

(Translated)

Amendment 43 (Joel James) moved.

Photo of Joel James Joel James Conservative 6:20, 7 March 2023

Thank you, Llywydd. I wish to speak to my amendment 43. The purpose of this amendment is to have clarity over the time frame for which a public body can move on with meeting well-being goals if consensus has not been reached with staff representatives. I believe that it is an important point to have it defined in the Bill. Public bodies, whilst I am sure will make every effort to accommodate the well-being objectives of staff, may well be presented with requests that they cannot, for one reason or another, commit to, and it is entirely appropriate that this should not allow public bodies to be stopped from carrying out their statutory duty. A period of 90 days to reach consensus is not onerous or restrictive and allows a mechanism for a public body to not be held up in progressing with agreed well-being goals. Thank you.

Photo of Elin Jones Elin Jones Plaid Cymru 6:21, 7 March 2023

(Translated)

The Deputy Minister to contribute—Hannah Blythyn.

Photo of Hannah Blythyn Hannah Blythyn Labour

Diolch. Section 16 of the Bill establishes a statutory social partnership duty requiring public bodies, insofar as is reasonable, to seek consensus or compromise, primarily with their recognised trade unions, when setting and delivering their well-being objectives under the well-being of future generations Act. Where a public body does not have a recognised trade union, it must seek consensus or compromise with other representatives of its staff. The Bill does not require that agreement to be reached. This amendment is therefore unnecessary. It seeks to address a problem that does not exist, and the Government will not be supporting it. Diolch.

Photo of Joel James Joel James Conservative

Thank you, Llywydd. By not having a time frame stated in the Bill, I ultimately think that the Welsh Government will come to regret this decision. When demands are made of public bodies by trade unions or staff representatives that they cannot accommodate, the public body will fail in meeting its statutory duty, and something as simple as failing to agree well-being goals will mean that public bodies in Wales may well become liable for damages in the face of neglect in their duty of care to staff. Thank you.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

The question is that amendment 43 be agreed to. Does any Member object? [Objection.] There is objections, therefore we will proceed to a vote on amendment 43. Open the vote. Close the vote. In favour 15, no abstentions, 41 against. Therefore, amendment 43 is not agreed.

(Translated)

Amendment 43: For: 15, Against: 41, Abstain: 0

Amendment has been rejected

Division number 4331 Amendment 43

Aye: 15 MSs

No: 41 MSs

Aye: A-Z by last name

No: A-Z by last name

Absent: 4 MSs

Absent: A-Z by last name