Clash of Parliaments looms over Trade Union Bill

A legislative consent memorandum asking the Scottish Parliament to withhold consent from the UK Government’s Trade Union Bill has been submitted to the Holyrood authorities by the Scottish ministers, even as the UK Government maintains the bill covers reserved matters.

The move was confirmed by Cabinet Secretary for Fair Work, Skills and Training Roseanna Cunningham, who cited widespread opposition in Scotland to the bill, which imposes further restrictions on the right to strike, particularly in relation to public services.

Contrary to the UK Government's position, the Scottish Government insists that the bill will have an impact on devolved functions and believes that legislative consent should be required. Ms Cunningham has previously asked for Scotland to be removed from the territorial extent of the bill.

The Cabinet Secretary commented: “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.

“While the UK Government maintain that the bill is reserved, we have asked the parliamentary authorities to consider a legislative consent memorandum asking the Scottish Parliament to withhold its consent for the bill.

“I hope that the requirement for legislative consent will be accepted by the Parliament, but if that is not the case we will ensure that the Parliament has the opportunity to consider a general memorandum and express its opposition to the bill.”