Meetings

NDM6372 Mark Drakeford (Cardiff West)

To propose that the National Assembly for Wales in accordance with Standing Order 26.47:

Approves the Trade Union (Wales) Bill

'Trade Union (Wales) Bill'

Supporting Documents
Trade Union (Wales) Bill
Explanatory Memorandum

The item started at 19.19

Voting on the motion under this item was deferred until voting time.

NDM6372 Mark Drakeford (Cardiff West)

To propose that the National Assembly for Wales in accordance with Standing Order 26.47:

Approves the Trade Union (Wales) Bill.

A vote was taken on the motion:

The motion was agreed.

In accordance with Standing Order 26.36, amendments will be disposed of in the order which the sections and schedules to which they relate arise in the Bill.

The amendments have been grouped for the purposes of debate and the groupings will be debated as follows:

1. Restriction on deduction of union subscriptions from wages in public sector

1

2. Publication requirements in relation to facility time

2

3. Requirement relating to ballot before action by trade union and removing definitions of devolved Welsh authorities

3, 4, 5

4. Prohibition on using temporary workers to cover industrial action

6, 7

5. Coming into force

8

Supporting Documents
Trade Union (Wales) Bill
Explanatory Memorandum

Marshalled List of Amendments

Groupings of Amendments

The item started at 18.53

In accordance with Standing Order 26.36, the amendments were disposed of in the order in which the sections and schedules to which they relate arise in the Bill.

A vote was taken on amendment 1:

Amendment 1 was not agreed.

A vote was taken on amendment 2:

Amendment 2 was not agreed.

A vote was taken on amendment 3:

Amendment 3 was not agreed.

Amendment 4 was not moved.

Amendment 5 was not moved.

A vote was taken on amendment 6:

Amendment 6 was not agreed.

Amendment 7 was not moved.

A vote was taken on amendment 8:

Amendment 8 was not agreed.

All sections and schedules of the Bill were deemed agreed, concluding Stage 3 proceedings.

Mark Drakeford AM, Cabinet Secretary for Finance and Local Government

Paul Webb, Senior Responsible Officer, Trade Union (Wales) Bill

Nicola Charles, Lawyer

Documents relevant to Stage 2 proceedings are available on the Bill page.

2.1 In accordance with Standing Order 26.21, the Committee disposed of the following amendments to the Bill:

Amendment 1 (Janet Finch-Saunders)

Amendment 2 (Janet Finch-Saunders)

Amendment 3 (Janet Finch-Saunders)

Amendment 4 (Mark Drakeford)

Amendment 5 (Mark Drakeford)

Amendment 6 (Mark Drakeford)

Amendment 7 (Mark Drakeford)

Amendment 8 (Mark Drakeford)

Amendment 9 (Mark Drakeford)

2.2 The Chair confirmed that all sections of the Bill have been deemed agreed, completing Stage 2 proceedings.

NDM6298 Mark Drakeford (Cardiff West)

To propose that the National Assembly for Wales in accordance with Standing Order 26.11:

Agrees to the general principles of the Trade Union (Wales) Bill.

The Trade Union (Wales) Bill and Explanatory Memorandum were laid before the Assembly on 16 January 2017.

The report of the Equality, Local Government and Communities Committee on the Trade Union (Wales) Bill was laid before the Assembly on 7 April 2017.

Supporting Documents
Report of the Constitutional and Legislative Affairs Committee
 

The item started at 14.30

Voting on the motion under this item was deferred until voting time.

NDM6298 Mark Drakeford (Cardiff West)

To propose that the National Assembly for Wales in accordance with Standing Order 26.11:

Agrees to the general principles of the Trade Union (Wales) Bill.

The result was as follows:

The motion was agreed.

NDM6299 Jane Hutt (Vale of Glamorgan)

To propose that the National Assembly for Wales, for the purposes of any provisions resulting from the Trade Union (Wales) Bill, agrees to any increase in expenditure of a kind referred to in Standing Order 26.69, arising in consequence of the Bill.

The item started at 15.26

Voting on the motion under this item was deferred until voting time.

NDM6299 Jane Hutt (Vale of Glamorgan)

To propose that the National Assembly for Wales, for the purposes of any provisions resulting from the Trade Union (Wales) Bill, agrees to any increase in expenditure of a kind referred to in Standing Order 26.69, arising in consequence of the Bill.

The result was as follows:

The motion was agreed.

4.1.a The Committee noted the additional information from the Cabinet Secretary for Finance and Local Government in relation to the Agency Worker.

CLA(5)-11-17 – Paper 9 – Correspondence from the Cabinet Secretary for Finance and Local Government to the Chair, 27 March 2017

6.1a The Committee noted the correspondence.

CLA(5)-11-17 – Paper 12 – Draft report

10.1 The Committee agreed the draft report.

8.1. The Committee considered and agreed its draft report, subject to minor changes.

4.8.a The Committee noted the note of focus group discussions in relation to the Trade Union (Wales) Bill.

4.2.a The Committee noted the letter from the Cabinet Secretary for Finance and Local Government to the Chair of Finance Committee in relation to the Trade Union (Wales) Bill.

CLA(5)-10-17 – Paper 11 – Draft report

8.1 The Committee considered the draft report.

8.2 The Committee agreed to consider a further draft at its next meeting.

1.1. The Committee considered its draft report on the Trade Union (Wales) Bill.

·         Mark Drakeford AM, Cabinet Secretary for Finance and Local Government

·         Paul Webb, Senior Responsible Officer, Trade Union (Wales) Bill

·         Nicola Charles, Lawyer

Trade Union (Wales) Bill

Explanatory Memorandum

2.1 The Committee received evidence from:

Mark Drakeford AM, Cabinet Secretary for Finance and Local Government

Paul Webb, Senior Responsible Officer, Trade Union (Wales) Bill

Nicola Charles, Lawyer

6.1 The Committee discussed the key issues for inclusion in its report.  

3.7.a The Committee noted the letter from the Chair of the Finance Committee to the Cabinet Secretary for Finance and Local Government in relation to the Trade Union (Wales) Bill.

5.1 The Committee discussed the evidence received under item 2.

Mark Drakeford, Cabinet Secretary for Finance and Local Government (Member in charge of the Bill)

Paul Webb, Senior Responsible Officer, Trade Union (Wales) Bill, Welsh Government

Nicola Charles, Lawyer, Welsh Government

CLA(5)-07-17 – Research Service and Legal Services briefing

CLA(5)-07-17 – Legal Advice Note

CLA(5)-07-17 – Paper 1 – Correspondence from the Llywydd to the Chair of the Committee, 16 January 2017

CLA(5)-07-17 – Paper 2 – Correspondence from the Cabinet Secretary for Finance and Local Government to the Chair of the Equality, Local Government and Communities Committee, 15 February 2017

Trade Union (Wales) Bill, as introduced (PDF, 59KB)

Explanatory Memorandum (PDF, 691KB)

2.1 The Committee took evidence from the Cabinet Secretary for Finance and Local Government, Mark Drakeford AM.

6.1 The Committee considered the evidence received.

6.1 The Committee discussed the evidence received under items 2 and 3. 

·         Claire Vaughan, Executive Director of Workforce and Organisational Development, Welsh Ambulance Service NHS Trust

·         Sarah Morley, Executive Director of Organisational Development & Workforce, Velindre NHS Trust

·         Kate Lorenti, Acting Director of HR, Abertawe Bro Morgannwg University Health Board

·         Joanna Davies, Director of Workforce and Organisational Development, Cwm Taf University Health Board

2.1 The Committee received evidence from:

·         Claire Vaughan, Executive Director of Workforce and Organisational Development, Welsh Ambulance Service NHS Trust

·         Sarah Morley, Executive Director of Organisational Development& Workforce, Velindre NHS Trust

·         Kate Lorenti, Acting Director of HR, Abertawe Bro Morgannwg University Health Board

·         Joanna Davies, Director of Workforce and Organisational Development, Cwm Taf University Health Board

2.2 The Welsh Ambulance Service NHS Trust agreed to provide:

·         a note on the number of employees paying union subscriptions by deduction of union subscriptions from wages (‘check-off’), and on the administrative costs involved;

·         a note to clarify the factors they would expect to be considered when determining the cost of disapplying the 40%ballot threshold requirement to the health service.

4.2 The Committee noted the correspondence from the Cabinet Secretary for Finance and Local Government in relation to the Trade Union (Wales) Bill.

·         Councillor Tudor Davies, Chair, South Wales Fire and Rescue Authority

·         Phil Haynes, Director of People Services, South Wales Fire and Rescue Authority

·         Councillor Suzanne Paddison, Fire Authority Member, Mid and West Wales Fire and Rescue Service

·         Kevin Jones, HR Lead and Director of Resources, Mid and West Wales Fire and Rescue Service

·         Gary Brandrick, Assistant Chief Fire Officer, North Wales Fire and Rescue Authority

3.1 The Committee received evidence from:

·         Councillor Tudor Davies, Chair, South Wales Fire and Rescue Authority

·         Phil Haynes, Director of People Services, South Wales Fire and Rescue Authority

·         Councillor Suzanne Paddison, Fire Authority Member, Mid and West Wales Fire and Rescue Service

·         Kevin Jones, HR Lead and Director of Resources, Mid and West Wales Fire and Rescue Service

·         Gary Brandrick, Assistant Chief Fire Officer, North Wales Fire and Rescue Authority

3.2 The North Wales Fire and Rescue Authority agreed to provide a note from their Finance Department on the costs involved in the deduction of union subscriptions from wages (‘check-off’).

·         Margaret Thomas, Vice President, Wales TUC Cymru

·         Martin Mansfield, General Secretary, Wales TUC Cymru

7.1. The Committee received evidence from:

·         Margaret Thomas, Vice President, Wales TUC Cymru

·         Martin Mansfield, General Secretary, Wales TUC Cymru

·         Dr Stephen Monaghan, Chair of the BMA Welsh Council’s Legislation Subcommittee

·         Andrew Cross, Assistant Secretary, BMA Cymru Wales

·         Peter Meredith-Smith, Associate Director

·         Lisa Turnbull, Policy & Public Affairs Adviser, Royal College of Nursing,

·         Lien Watts, Assistant General Secretary, The Social Workers Union

6.1. The Committee received evidence from:

·         Dr Stephen Monaghan, Chair of the BMA Welsh Council’s Legislation Subcommittee

·         Andrew Cross, Assistant Secretary, BMA Cymru Wales

·         Peter Meredith-Smith, Associate Director

·         Lisa Turnbull, Policy & Public Affairs Adviser, Royal College of Nursing,

·         Lien Watts, Assistant General Secretary, The Social Workers Union

·         Steve Thomas, Chief Executive, Welsh Local Government, 

·         Jonathan Lloyd, Head of Employment, Welsh Local Government Association

5.1. The Committee received evidence from

·         Steve Thomas, Chief Executive, Welsh Local Government,

·         Jonathan Lloyd, Head of Employment, Welsh Local Government Association

10.1. The Committee discussed the evidence received under items 5,6 and 7.

Paper 2 – Research briefing on Financial Scrutiny of the Trade Union (Wales) Bill

8.1 The Committee considered the financial implications of the Trade Union (Wales) Bill and agreed to write to the Cabinet Secretary.

7.1. The Committee discussed the evidence received under item 2.

Mark Drakeford AM, Cabinet Secretary for Finance and Local Government

Paul Webb, Deputy Director, Devolved Services Reform

Nicola Charles, Lawyer

Trade Union (Wales) Bill

Explanatory Memorandum

2.1. The Committee received evidence from:

·         Mark Drakeford AM, Cabinet Secretary for Finance and Local Government

·         Paul Webb, Deputy Director, Devolved Services Reform

·         Nicola Charles, Lawyer

2.2.    The Cabinet Secretary for Finance and Local Government declared a relevant interest as a member of a union.

2.3. During the session, the Cabinet Secretary agreed to provide clarification on the extent to which the Bill would affect those who provide public services on behalf of devolved Welsh authorities as well as those authorities and their own employees.

6.1 The Committee received a briefing from the Assembly Commission Legal Services on the Trade Union (Wales) Bill.

8.1. The following Members declared relevant interests as members of unions:

·         John Griffiths AM;

·         Siân Gwenllian AM;

·         Jenny Rathbone AM.

8.2. The Committee agreed its approach to Stage 1 scrutiny of the Trade Union (Wales) Bill.

Business Managers confirmed their in principle decision of 6 December to refer the Trade Union (Wales) Bill to the Equality, Local Government and Communities Committee for Stage 1 consideration, and agreed the deadline for the Stage 1 Committee to report by as 7 April 2017 and the deadline for the completion of Stage 2 Committee proceedings as 16 June 2017.

Business Managers agreed in principle to refer the Trade Union (Wales) Bill to the Equality, Local Government and Communities Committee (ELGC) for Stage 1 consideration.

Business Managers agreed to defer a decision on the Bill’s timetable until a future meeting to allow for consultation with the ELGC Committee.

Paul Davies raised the issue of the Assembly’s competence to deal with this piece of legislation and the Llywydd confirmed that this would be referred to her for consideration prior to the Bill’s introduction as usual.