The Scottish government is calling on MSPs to block Westminster’s trade union bill, as ministers step up their campaign against the legislation which is designed to restrict union activities.
On Thursday evening the first minister, Nicola Sturgeon, will share a platform with Jeremy Corbyn at a Scottish Trades Union Congress event in Glasgow opposing the bill, which includes plans to curb unions’ ability to call strikes and restrict the flow of union funds to the Labour party.
Today, Scottish ministers have submitted a legislative consent memorandum, asking their parliament to withhold consent from the UK government’s bill.
Having sought legal advice along with Scottish Labour, which likewise opposes the proposed legislation, Holyrood is insisting the bill will have an impact on devolved functions and that legislative consent should be required. The UK government reiterated on Wednesday morning that the subject of the bill is entirely reserved, meaning that it is a matter on which the UK parliament has total legislative control.
Confirming the move, the Scottish cabinet secretary for fair work, skills and training, Roseanna Cunningham, said there was a clear case for Scotland to be removed from the bill.
“There is little or no evidence to support its proposals and the UK government has made no attempt to consider the bill impacts in Scotland and in particular on our public services. Our requests to be excluded from the bill have also been ignored.”
“Key stakeholders including NHS Scotland and many local authorities have made their opposition very clear and I am deeply concerned over the wider impact of the bill on all Scotland’s devolved public authorities.
“There is a clear case for Scotland to be removed from the bill or, at the very least, for the regulation-making powers to be confirmed as within the devolved competence of Scottish ministers.
The parliamentary bureau, which manages Holyrood business, will now consider the motion. The Scottish parliament will be invited to refuse legislative consent via a legislative consent motion, also known as a Sewel motion. The Sewel convention applies when the Westminster parliament legislates on a matter that is normally dealt with by the Scottish parliament and can happen only if Holyrood has given its consent
This marks a second potential standoff between Westminster and Holyrood. Immediately after the general election in May, the Scottish government announced that it would withhold legislative consent on the Conservative proposals to scrap the 1998 Human Rights Act.
Dave Moxham, deputy general secretary of the STUC, welcomed the Scottish government’s move but added that questions remained around its stance should Westminster ignore its challenge.
“This creates a clear political problem for the Westminster government as it attempts to railroad this through the House of Lords. The challenge to the bill in terms of democracy and human rights in Scotland will encourage our members across the country.
“But there are questions about further moves in opposing the bill. Will we see a clear statement from the Scottish government, both as an employer and a government, essentially allowing people to defy the law?”
