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Employment Law: Devolution to Scotland — [Sir Edward Leigh in the Chair]
06 September 2022
Lead MP
Angela Crawley
Lanark and Hamilton East
SNP
Responding Minister
Jane Hunt
Tags
EconomyTaxationEmploymentScotlandWomen & Equalities
Word Count: 13115
Other Contributors: 10
At a Glance
Angela Crawley raised concerns about employment law: devolution to scotland — [sir edward leigh in the chair] in Westminster Hall. A government minister responded.
Key Requests to Government:
I call on the UK Government to either introduce an employment Bill or devolve employment law powers to Scotland, allowing them to address pressing issues such as flexible working rights and protection against workplace sexual harassment. The Scottish Government has demonstrated its commitment to improving workers' rights but is constrained by reserved UK laws.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Lead Contributor
I am concerned about the UK Government's failure to introduce an employment Bill despite promises in their manifesto. The Scottish Government has taken numerous steps to improve workers' rights, such as publishing a fair work action plan and establishing a fair work convention, but their efforts are limited due to reserved powers on employment law. With the cost of living crisis and the ongoing pandemic recovery, it is imperative for the UK Government to act now or let Scotland take control over employment laws.
Amy Callaghan
Lab
Coventry North East
The debate highlights the need for devolving employment law to Scotland due to a lack of trust in Westminster to protect workers' rights. Scottish workers deserve protection against tactics like fire and rehire, and inadequate sick pay levels. Thanks Hywel Williams and agrees that we cannot rely on Westminster to look after workers. She points out that under a previous coalition government, redundancy notice was slashed from 90 days to 45 days, arguing for the need to devolve employment legislation to Scotland. Callaghan's brief contribution was noted as hitting the nail on the head regarding the necessity of removing employment law from Tory control. Her speech highlighted a commitment to voting for Labour in Scotland.
Chris Stephens
SNP
Glasgow North East
My hon. Friend makes an important point regarding the Taylor review, which recommended simplifying worker status five years ago and suggested actions that the Government should have taken immediately. Responded to David Linden's intervention, clarifying that not all UK trade unions opposed the devolution of employment law and mentioned Unite as an exception. Pointed out the Scottish Government's business pledge includes procurement levers.
Christine Jardine
Lib Dem
Edinburgh West
I worry that reforming UK employment law rather than devolving it could create new barriers to doing business and running services across the UK, particularly for companies with staff all over the country. Jardine's presence was noted with an intervention criticising her stance on the Liberal Democrats' record regarding employment rights, suggesting they had moved towards anti-trade union policies previously.
David Linden
SNP
Aberdeen South
It is bizarre that the hon. Member for Edinburgh West seems to have overlooked the fact that her predecessor in government was an employment Minister who could have reformed employment law but did not do so. Expressed concerns over the Conservative party's record on employment legislation, citing the Trade Union Act 2016 and the lack of progress on workers' rights since Brexit. Highlighted Scottish Government's efforts to support workers' rights through initiatives such as opposition to exploitative zero-hours contracts and commitment to the real living wage. Asks if other countries have similar schemes like the UK's 'Wheel of Fortune'-style phone-ins for energy bills where Conservative Cabinet Ministers suggest unconventional methods to reduce heating costs, questioning the fairness of such measures. Called out Asda for using fire and rehire early on, suggesting it is not just British Airways or British Gas engaging in this practice. Asked the hon. Member if the Labour party manifesto will commit to devolving employment law to the Scottish Parliament. He questioned the Minister about why employment law devolution was accepted in Northern Ireland but not applicable to people in Livingston, highlighting the inconsistency and referencing the Irish Sea border.
Gavin Newlands
SNP
Paisley and Renfrewshire North
We can expect the Tories to denigrate or at least be uncaring about workers' rights, but we must also acknowledge that the Labour party in Scotland has historical issues with equal pay for women and higher offers to council workers. Furthermore, it opposed the devolution of employment law during the Smith Commission.
Arfon
I find it strange to argue that multinational companies are unable to adapt their practices according to individual countries' conditions. I also point out the Government's hostility towards workers in Wales by intending to scrap the Trade Union (Wales) Act 2017. Mr Williams added that when considering further devolution for Wales, water remained under London control while sewerage was devolved. Wales's legislature does not have its own jurisdiction, unlike Scotland. He argues that the UK Government's disregard for devolution and their intention to scrap laws like the Trade Union Act in Wales demonstrates a lack of respect for Welsh workers and devolution principles. Williams supports Lord Wigley's Bill which would safeguard against actions proposed by the UK Government. He calls for further devolution of employment law to provide better support for workers including bereavement leave, miscarriage leave, and carers' leave. Williams highlights that shared parental leave is failing with only 1.6% uptake since April 2015 due to complexity and eligibility issues.
Ian Blackford
SNP
Ross, Skye and Lochaber
The Labour party's lack of action on protecting workers' rights during the pandemic highlights the need for devolution of employment law. The current system is failing to address insecure working conditions and in-work poverty, especially with the looming cost of living crisis.
Ian Murray
Lab
Edinburgh South
Murray highlighted the negative impact of in-work poverty, low pay, and financial insecurity on workers across the UK since 2010. He noted that wages have stagnated for over a decade and are now at levels equivalent to or lower than those from before the 2008 recession. The Labour MP emphasized the importance of good working relationships between trade unions, employers, and government in creating high-quality jobs and pay, citing his party's achievements in improving workers' rights during their time in office.
Kenny MacAskill
SNP
Edinburgh East
Mr MacAskill argued that employment law should have been devolved at the outset and now. He pointed out inconsistencies in the current devolution framework, highlighting examples where some aspects of criminal justice were devolved while others remained reserved to Westminster. Mr MacAskill criticised the new Prime Minister's stance on workers' rights as regressive, comparing it to policies from the 1830s. MacAskill acknowledged inconsistencies within devolution but argued for the continued journey towards it. He pointed out that some councils are facing strikes from low-paid public sector workers due to inadequate pay rises during the cost of living crisis.
Mhairi Black
SNP
Paisley and Renfrewshire South
It is concerning that the new Prime Minister's reforms seek to undermine workers' rights, particularly through the use of agency workers or 'scab labour', which should not be allowed. The UK has the lowest level of sick pay in the OECD, with nearly 20% of workers being low-wage earners. Countries like the Netherlands, Iceland, Finland, and Denmark have fewer people at risk of poverty and better working conditions. The Government's commitment to an employment Bill is unfulfilled despite numerous promises. Scotland should be allowed devolution of employment law as Northern Ireland has.
Government Response
Jane Hunt
Government Response
It is a pleasure to serve under your chairmanship, Sir Edward. I congratulate the hon. Member for Lanark and Hamilton East on securing this important debate on the potential merits of devolving employment law to Scotland. Employment matters are reserved to the UK Parliament under the Scotland Act 1998, with limited exceptions. The Government have no intention of devolving legislative competence for employment rights matters to the Scottish Government, as it could create a two-tier employment rights framework that would be costly and disadvantageous for businesses and workers. Devolution could disrupt the free flow of labour between England and Scotland and jeopardise our successful labour market. We remain committed to working with all devolved Administrations to ensure UK institutions work collectively while respecting their unique nature. The UK's record on employment rights is strong, including a high minimum wage, generous annual leave, and maternity leave provisions. Recent legislation has closed loopholes for agency workers and increased fines for poor treatment of employees. During the pandemic, we protected earnings through the coronavirus job retention scheme and ensured furloughed employees received full redundancy payments. We have also introduced new rights such as bereavement leave and are considering further private Members' Bills on employment rights. The Government do not support devolving employment rights to Scotland due to concerns about disrupting the labour market's success.
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About Westminster Hall Debates
Westminster Hall debates are a chance for MPs to raise important issues affecting their constituents and get a response from a government minister. Unlike Prime Minister's Questions, these debates are more in-depth and collaborative. The MP who secured the debate speaks first, other MPs can contribute, and a minister responds with the government's position.