Western Mail

Tories on shaky ground asWales fights off interferen­ce with unions

Will the Welsh Government succeed in its bid to fend off what it regards as anti-trade union legislatio­n from Westminste­r, asks Chief Reporter Martin Shipton

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ONE of the paradoxes about the Conservati­ve Party is that while in many policy areas it is in favour of deregulati­on and “reducing red tape”, in the field of industrial relations it believes in a maximalist regulatory framework, at least so far as trade unions are concerned.

Since Margaret Thatcher’s period as Prime Minister in the 1980s, unions have been subject to some of the most restrictiv­e laws in the socalled free world.

The greatest restrictio­ns apply when industrial action is contemplat­ed, and the Conservati­ve government’s latest piece of employment legislatio­n takes things further.

Under the Trade Union Act 2016, industrial action can only go ahead lawfully when there has been a ballot turnout among union members of at least 50%.

And in “important public services”, including in the health, education, transport, border security and fire sectors, an additional threshold of 40% of support to take industrial action from all eligible members must be met for action to be lawful.

From the point of view of publicsect­or trade unions and parties of the left, this went down no better in Wales than in England.

Here, however, the Welsh Government saw a way of rolling back the Act in the public-sector areas for which it is responsibl­e.

Explaining what it hoped to achieve with legislatio­n of its own, Finance Secretary Mark Drakeford said: “We have always said that the Trade Union Act was unnecessar­y and would lead to more confrontat­ional relationsh­ips between employers and workers, underminin­g rather than supporting public services and the economy.

“Social partnershi­p is founded on respect for the work of trades unions and the rights of their members. In Wales, employers and the trade union movement work together constructi­vely. We are not prepared to let the Trade Union Act undermine the approach we have built on this side of the border.

“Not only is the Act damaging and divisive, but it interferes with devolved policy and the powers held by the National Assembly for Wales. [Our bill] seeks to ensure the damaging provisions of the UK Act do not apply to public services in Wales.”

The bill has now duly been passed, with the support of Labour and Plaid Cymru.

Under the terms of the devolution settlement, however, the UK government can question the right of the Welsh Government to make legislatio­n in a policy field it considers its own. If a formal challenge was made, a case would be fought out in the Supreme Court.

In the case of the Welsh Government’s Trade Union (Wales) Bill, it would be open for the UK government to argue that it fell within the field of employment – one that is not devolved to the National Assembly.

However, Mr Drakeford has received what he regards as robust legal advice to the effect that he is on solid ground. He made a statement saying: “The Supreme Court has made it clear that provided a bill provision fairly and realistica­lly relates to one or more of the subjects in Schedule 7 to the Government of Wales Act 2006, and does not fall within any exception in that Schedule, it does not matter whether a provision might also be classified as relating to a subject that has not been devolved, such as employment rights and industrial relations.

“Significan­t elements in the UK Government’s Act relate specifical­ly to public services that in Wales are unambiguou­sly devolved responsibi­lities. The Act refers explicitly to health services, the education of those aged under 17 and fire services – all of which are plainly devolved.

“It is untenable, we believe, for UK ministers to argue that their legislatio­n must be regarded as concerned exclusivel­y with non-devolved matters. It is this government’s view that the relevant provisions of the Government of Wales Act 2006, insofar as they involve the delivery of public services... bring the provisions of this bill within the devolved competence of this National Assembly.”

The Welsh Government has, however, been in a race against time to get its bill through. Complicati­ng the matter further, a provision of the recently passed Wales Act – which neverthele­ss has yet to come into force – will deprive the Assembly of the right to legislate on all matters of employment law, even concerning public services, for which it is responsibl­e.

If the Assembly’s Welsh Bill hadn’t gone through before Westminste­r’s Wales Act comes into force, it wouldn’t have been possible to take it forward.

In the meantime, will the UK government take the Wales Bill to the Supreme Court?

The response I got from a Wales Office spokesman could hardly be described as gung-ho: “The UK government will assess the legislativ­e competence of this bill, as is standard practice with all Welsh Assembly bills.”

 ?? Roger Donovan ?? > Welsh Government Finance Secretary Mark Drakeford said: ‘We have always said the Trade Union Act was unnecessar­y’
Roger Donovan > Welsh Government Finance Secretary Mark Drakeford said: ‘We have always said the Trade Union Act was unnecessar­y’

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