Use 'any means available' to block trade union reforms, Scottish Government told

Scottish ministers should use "any means available" to stop UK Government trade union reforms taking effect north of the border, a Holyrood committee has said.

MSPs on the Devolution (Further Powers) Committee claimed “widespread opposition” to the Trade Union Bill exists in Scotland.

Acknowledging that the UK Government is “unlikely” to halt the bill’s passage through Westminster, the committee has called for Scotland to be removed from its reach.

If the UK Government is unwilling to do so, the Scottish Government should “use any means available” to see that amendments to that effect are lodged and agreed in the House of Lords.

If the bill does apply north of the border, Scottish ministers should be given the power to make regulations on certain provisions​ directly related to public services, the committee said. 

The report comes a day after Nicola Sturgeon said the Scottish Government “will not willingly or voluntarily” co-operate with or implement the legislation if passed.

However, Unite general secretary Len McCluskey told the First Minister to stop “hiding behind procedural niceties” in relation to the Trade Union Bill.

Holyrood’s presiding officer Tricia Marwick last month rejected a Scottish Government attempt to block the reforms taking effect north of the border.

Ministers had argued that the new law would affected devolved areas and should therefore be subject to a legislative consent memorandum (LCM). However, Marwick said the procedure - which seeks Holyrood’s consent if Westminster plans to legislate on devolved matters - was not appropriate. 

The Trade Union Bill, which formed part of the Conservative election manifesto, will tighten rules on strike ballots and introduce curbs on picketing.

Devolution (Further Powers) Committee convener, Bruce Crawford MSP, said: “We recognise the UK Government wishes to pass this Bill despite there being no real evidence to support its position.

“It is unlikely, therefore, to heed our call to halt the legislative process in the UK Parliament, so that the Bill does not become law in any part of the UK.

“That being the case, the Committee recommends the UK Government removes Scotland from the territorial extent of the Bill, through amendments in the House of Lords at Committee or Report Stage.

“Without these amendments, Jeremy Hunt will, in practice, have regulation-making power over industrial relations in the NHS in Scotland.”

Alex Johnstone, the sole Conservative MSP on the committee, dissented from the committee’s conclusions and recommendations.

A full chamber debate on the report is expected to take place within the next fortnight.