THE SNP yesterday welcomed the vote in the Scottish Parliament opposing the UK Government’s Trade Union Bill, which saw Labour join with the SNP in voting against the Conservative’s plans – but has raised questions over Labour’s refusal to back the transfer of powers over industrial relations earlier this week.

The vote in the Scottish Parliament condemned the Trade Union Bill as a restriction on the fundamental rights of workers which will undermine the ability of trade unions to effectively engage in workplaces across Scotland – and was passed with votes from the SNP, Labour, LibDem, Green and independent MSPs.

However, despite voting to condemn the Bill in the Scottish Parliament, Labour MPs at Westminster voted against an SNP amendment to the Scotland Bill to devolve responsibility for industrial relations and workers’ rights to Scotland – and chose instead to leave them under the control of the UK Government.

The Scottish Government has already asked the UK Government to exclude Scotland from the Trade Union Bill in its entirety – and has been clear that if it is unwilling to do so, the consent of the Scottish Parliament should be sought before the legislation is imposed on Scotland.

SNP MSP Christina McKelvie, convener of the SNP Parliamentary Trade Union Group, said: “Tonight’s vote in the Scottish Parliament against the Trade Union Bill was a welcome reminder that Scotland completely rejects this Tory Government’s outrageous attacks on workers’ rights – and I was pleased to see Labour MSPs join with the SNP in standing against these regressive plans.

“But Labour’s support for today’s motion simply begs the question why they voted against the SNP’s plans to devolve powers over industrial relations to Scotland – rather than leaving them in the hands of a Tory Government engaged in a relentless and sustained assault on our trade unions.”

Labour opportunity spokesman Iain Gray has sought his own legal advice from Patrick McGuire of Thompsons Solicitors, who backed the cross-party call for an LCM.

In an email to Gray, McGuire said: “The Trade Union Bill significantly impacts upon and undermines the Scottish Government’s executive power and competence in relation to employing their staff.

“Accordingly, in that context the Scottish Parliament should certainly have the right to debate an LCM on the relevant provisions on the Trade Union Bill.”

Gray said he has now written with this advice to the head of the parliamentary business team and asked the clerks to investigate whether a Legislative Consent Memorandum and Motion would be relevant in the context of the Trade Union Bill. He said: “I believe that it is competent and required. If it is, I would propose to bring one forward at the earliest opportunity, or indeed to support the Government should they feel able to do that to.”

The Bill has now returned to the House of Commons for the report stage and third reading after it cleared its second reading in September.

At Westminster, Chris Stephens, the SNP’s trade union spokesman, blasted the Bill as he introduced a number of amendments his party would like to make.

“This is an ideological attack against the largest group in civic society which stands up against exploitation,” he said.

Proposed SNP and Plaid Cymru amendments that would ensure the Scottish Parliament, Welsh Assembly, Northern Ireland Assembly, Mayor of London and other public bodies and local authorities would have final sign-off on whether the Bill should actually be applied were defeated.

The SNP’s Tommy Sheppard said the Bill was the product of a strand of the Conservative Party that has a hostile attitude to trade unions and sees collective organisation as a block on the right to generate profit.

The Edinburgh East MP claimed it would make industrial relations worse so that when strikes go ahead they will be much more severe.

He added: “It is a great irony, is it not, that in order to do that (restrict union power) they are going to have to have an unprecedented degree of state interference in the affairs of private enterprise.

“They are going to have to have state regulation of trade unions which is more akin to a totalitarian than to a democratic regime.”