Chamber and committees

To ask the Scottish Government what assessment it has made of the potential impact that any future devolution of employment law to the Scottish Parliament would have on the development of the wellbeing economy. (S6O-02552)

The devolution of employment law, which the motion calls for, would allow us to take that constructive approach even further. It is for that reason that an increasing number of trade unions across the UK now back the devolution of employment law. I am pleased to say that the UK-wide Trades Union Congress recently followed the Scottish Trades Union Congress in calling for employment law to be devolved to Scotland, as well as calling for the repeal of all anti-trade union legislation—two measures that the Scottish Government supports but which it does not currently have the power to deliver.

Given that both the STUC and the UK TUC stand behind the devolution of employment law in their support for workers and for devolution, I would like to make known my feelings of utter disappointment and dismay at the recent announcement from the deputy leader of the UK Labour Party that the party has now scrapped its previous commitment to devolving employment law.

I have with me a printed copy of Scottish Labour’s 2021 manifesto, on which the 22 Labour MSPs were elected. On page 30, it states in no uncertain terms:

“We support further devolution of powers to”

Scotland,

“including borrowing and employment rights”.

Members can imagine my shock, therefore, when the Daily Record broke the news last week that an email had been sent around all the Labour MSPs, advising them not to sign the motion for today’s debate, a motion that might or might not in fact support one of their own policies. Why would they not want to support something that absolutely reflects their own policies, unless it is the case that they do not mean it at all?

It reminded me of something that happened a long time ago, when I was a councillor in Alloa. I put up a motion that congratulated Alloa Athletic on winning promotion to a higher division. It was opposed by the Labour Party—when I asked the Labour councillors afterwards why, they said, “Well, it was the SNP that proposed it.” They went back at a future meeting and agreed the motion, having changed one word of it.

It was what became known as the Bain principle, which is, “If the SNP proposes it, you cannot accept it.” In doing the same here, however, Labour members are, in this case, flying in the face of the rights of employees and the need for better employment law in Scotland.

Just days before a crucial by-election in Rutherglen and Hamilton West, the Scottish Labour Party is back-pedalling on yet another of its fundamental principles, just to abide by the diktats of Keir Starmer’s UK Labour Party.

I rise to speak to the motion. It calls for the devolution of employment law, which is something that aligns with the Scottish Government’s commitment to a fairer and stronger Scotland, with the right to fair work at its heart. However, the motion is important for all of Scotland, especially those areas where the history of industrial action runs deep, such as my constituency of Clackmannanshire and Dunblane.

Clackmannanshire holds a significant place in the history of industrial action in Scotland, as one of the focal points of the miners strikes of the 1970s and 1980s. We must never forget those who, in their fight for fairer wages and safer working conditions, all too often found themselves the victims of the actions of particularly callous and uncaring United Kingdom Governments. The memory of the Clackmannanshire strike serves as a stark reminder of the challenges that workers endured before the creation of this Scottish Parliament, and I know that that history will resonate with many members in the chamber, and with many communities across Scotland.

For too long, successive UK Governments have legislated against the right of Scottish workers to take industrial action. The motion highlights two pieces of legislation: the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022 and the Strikes (Minimum Service Levels) Act 2023, both of which pose “a significant risk” to the rights of workers in Scotland and across the UK. Those regulations represent yet another attempt by the UK Government to curtail the right of workers to take industrial action to protect the dignity of their labour.

Trade unions are an essential part of our democracy, and are absolutely necessary in ensuring that the voice of working people is heard. Having served as a trade union representative myself, I will always speak up for the right of workers to engage in industrial action. Scotland’s history is filled with examples of successful collective action, such as the upper Clyde shipyard work-ins, led by the indomitable Jimmy Reid. Such instances continue to stand as testament to the power of industrial action not only in Scotland but around the world.

The creation of a Scottish Parliament has allowed Scotland to right some of the historical wrongs that were perpetrated on working people by the UK Government, by implementing measures such as pardoning those who were convicted during the miners strike. I was very proud to take that legislation through this Parliament, and proud that the measure had relatively unanimous support.

The Scottish Government’s record in collaborating with trade unions rather than working against them speaks for itself. The notable absence of any national health service strikes in Scotland over the past year, unlike in other UK nations, should not be dismissed. It is a clear indication that the Scottish Government’s approach of actively engaging with trade unions works.

No—I do not have much time left, and I have given way twice in relation to this matter. That said, I am happy to give way again if the member can give me a compelling reason why he cannot support the terms of the motion in front of him, given that there is nothing in there that conflicts with Labour policy. If he is going to do that, I will give way.

I acknowledge the sincerity with which Monica Lennon speaks on these issues, as she has done in the past. In fact, in 2021, she was explicit in saying that Scottish Labour was supportive of the devolution of employment law, so we do agree on that.

However, I put together the terms of my motion explicitly to crystallise that agreement. There is nothing in my motion that should dissuade Monica Lennon, who has a proud track record in relation to the issue, from supporting it. Why has she not done so? Does she believe that workers in Scotland should always wait on something happening elsewhere before they can get access to full employment rights?

Over the past number of years, I have listened to a number of Labour MSPs stating explicitly that they wanted to see employment law devolved to the Scottish Parliament. They now have caveats, and they are unwilling to support a straightforward motion that would help defend the rights of workers and trade unions in Scotland.

On a point of order, Presiding Officer. The app is saying that I have voted no, but it has not gone down to zero, so I do not know whether my vote has gone through. I would have voted no.

I am sorry—I did not hear the first part of what Pam Duncan-Glancy said. She mentioned a number of trade unions working together. I am happy to come back to that if she wants to come back in.

As I have said, the Scottish Government works collaboratively with trade unions; that has been my experience during the days when I was in—[Interruption.]

Under the most recent Labour Government, £4 billion was pillaged from the miners’ pension fund; no pardons were given to miners; and there was no end to blacklisting. Crucially, in 2015, 2017 and 2019, we were told that those things must wait until a Labour Government was elected. If we do not devolve employment law and Labour does not win the election, Scottish workers will continue to wait and will continue to be deprived of the enhanced rights that they could possibly get.

I do not know whether the member thinks that those in trade unions and workers across Scotland will, in hearing those weasel words, give any credence to the Labour Party’s position, or see any reason not to support the motion, just because it is from the SNP. The motion

“calls on the UK Government not to further erode ... the hard-won rights of”

Scottish

“workers.”

What we are stating is that those rights are not just for the benefit of workers, but for the betterment of society and our economy. Across the chamber, we can reaffirm this Parliament’s commitment to working in partnership with trade unions and to entrenching and building on those rights. Our workers deserve nothing less, and it is high time that we took control.

There is nothing in this that is contentious for the Labour Party—it has stated for a number of years now that that is what it wants to do. We can take control of our own destiny and craft a country where workers’ rights are valued; where fairness is the norm; and where the Scottish Parliament works in partnership with trade unions, rather than against them, to build a fairer, more just and prosperous Scotland. What we are getting from the Labour Party is an indication that it will support nothing. If it cannot do it in Opposition, it will certainly not do it in Government.

I ask the Parliament to support the motion in my name.