Dave Moxham from the Scottish Trades Union Congress says it is fundamentally wrong that an abstention should be considered as a no vote in a strike ballot. 

Mr Moxham says there is essentially a three part democratic process to achieving strike action. 

He says unions take a view to how likely the third part, industrial action, is going to be successful. 

Mr Moxham says there is a lot of misunderstanding of the process and there are quite a lot of stopping off points in it. 

The government, through thresholds and other changes, is making that situation a sharper one for unions, who will have to make decisions quicker and more aggresively, he says. 

Industrial action will be more likely, says the STUC representative. 

Scottish Conservative MSP Alex Johnstone asks if the committee should focus on the public sector or should it be broadened out.

Shirley Rogers from NHS Scotland says that is up to the committee.   

Dave Moxham from the Scottish Trades Union Congress says one of the aims of the UK government is to recognise effective industrial action in the public sector can be different than that in the private sector.

Mr Moxham says public sector strike action levels are low but the rights of the employees should be the same as the private sector.

Mr Johnstone asks if it is necessary for the committee to get a broader input on this legislation.

Mr Moxham says it has been very difficult for either parliament to garner much enthusiasm for this legislation. 

Business organisations have not identified a problem, he says. 

Scottish Conservative MSP Alex Johnstone says he is a "good old fashioned Tory whose opinions of unions were formed in the 1970s".

Mr Johnstone accepts that trade unions have changed over time.

Dave Moxham from the Scottish Trades Union Congress says the proportion of trade union members is higher in the public sector, but in numeric terms the public and private sector levels are similar.

He says more than half of private sector companies are unionised and have trade union recognition and offer facility time and check off to their employers.

The Scottish government and Scottish Labour have both made efforts to win permission for Holyrood to block the Westminster bill north of the border.

A chamber debate could be held on the committee's findings within the month.

The Trade Union Bill, which would make it more difficult to call strikes, has drawn criticism from across the Holyrood chamber.

SNP minister Roseanna Cunningham wrote to the presiding officer requesting a legislative consent memorandum, a special motion which could allow Holyrood to block the bill from applying in Scotland, although this was turned down by Tricia Marwick.  

Scottish Labour has also weighed in, with leader Kezia Dugdale writing to the presiding officer to protest and MSP James Kelly was ejected from the chamber while challenging Ms Marwick.  

The Scottish Conservatives do not oppose the bill, with MSP Murdo Fraser saying it is "clearly" a reserved matter and noting that Holyrood "should not be duplicating the work of the House of Commons".    

Image source, PA

Devolution committee convener Bruce Crawford said the bill raised "serious concerns for many members".

He said: "Given the bill is already progressing through Westminster, we urgently want to hear, on the record, what impact this legislation will have in Scotland, if it is enacted in its current form.

"We particularly want to examine its potential impact on Scottish public sector workers and their employers."

Dave Moxham from the Scottish Trades Union Congress says there has not been enough consultation on the Trade Union Bill.

Mr Moxham says: "There has been a lack of recognition of the current powers of the Scottish Parliament."  

This has been a "very, very poor process of consultation", he says. 

Labour MSP Duncan McNeil asks how quickly would good industrial relations fall into disrepute if the Trade Union Bill is passed.

Shirley Rogers from NHS Scotland says: "Trust is hard won and easy lost."

Image source, bbc

Ms Rogers says the loss of facility time will affect industrial relations.

She says any potential dispute in the NHS in Scotland has been stopped by partnership working and a trusting relationship.

Ms Rogers says anything that diverts away from trust is not a good idea.

Dave Moxham from the Scottish Trades Union Congress says this is not an entirely reserved bill, as there may be implications for the administrative competence of the Scottish Parliament

"We were disappointed that the presiding officer took the view that she did."

Image source, bbc

Mr Moxham says he hopes a legislative consent motion could still be brought to Holyrood, allowing MSPs a vote on the bill.   

At the end of last year Scottish Labour MSP Neil Findlay lodged a motion calling for a change in parliamentary rules to let Holyrood oppose the Commons' Trade Union Bill. 

SNP ministers had asked for a motion letting Holyrood block the bill north of the border but Presiding Officer Tricia Marwick rejected the move.

Labour asked Ms Marwick to change her mind, with one MSP ejected from the chamber while protesting. 

A motion on the matter is also to go before this committee. 

Image source, AFP/Getty

Labour and the SNP have both stated opposition to the UK government's Trade Union Bill, which would clamp down on the powers of unions. 

Minsters asked Ms Marwick to approve a legislative consent memorandum, which would have allowed Holyrood to block the Westminster bill from applying north of the border, claiming that it infringed on devolved matters. 

Ms Marwick rejected this, siding with the UK government which asserts that the bill covers fully reserved matters. 

Councillor Billy Hendrey from the Convention of Scottish Local Authorities (Cosla) says there is extreme concern the changes in the bill are being brought in with no evidence that it will modernise the relationship between councils and trade unions.

This relationship works very well at the moment, says Mr Hendrey.

He says Cosla's position is the UK government should think again as the bill is an "unnecessary and unjustified position, which could lead to more industrial action across Scotland". 

Shirley Rogers from NHS Scotland says: "Industrial relations are an absolute cornerstone to what we do in the NHS."

Ms Rogers says it is important trade unions are seen as strategic partners in the design of public services.

The government wants to impose a minimum 50% turnout in strike ballots - with public sector strikes also requiring the backing of at least 40% of those eligible to vote. 

Under current rules, strikes can be called if the majority of those taking part in a ballot vote in favour. 

The bill, which would apply to unions in England, Wales and Scotland, will also: 

• Double the amount of notice unions have to give before a strike can be held - from seven to 14 days 
• Allow employers to use agency workers to replace striking staff 
• Introduce fines of up to £20,000 on unions for repeatedly failing to ensure picket supervisors wear an official armband 
• End the so-called check-off system for collecting union subs direct from a salary 

Dave Moxham from the Scottish Trades Union Congress says: "This is a bill that is designed to fix a problem that does not exist, with strike levels at a historic low."

"This is an ideological attack on the trade union movement", Mr Moxham says.

He says aspects of the bill will undermine unions ability to represent their members in the work place.

MSPs will quiz Dave Moxham from the Scottish Trades Union Congress; Shirley Rogers from NHS Scotland and Councillor Billy Hendrey from the Convention of Scottish Local Authorities (COSLA).

The Devolution (Further Powers) Committee, external is taking evidence on the controversial Trade Union Bill, external. 

First up the Devolution Committee takes evidence on the Trade Union Bill. 

General questions will then precede First Minister's questions. 

Image source, PA

It's been a year since the Charlie Hebdo tragedy and French born MSP Christian Allard will mark the anniversary and call for the 7th of January to be celebrated from now on as Cartoonists Day. 

In the afternoon, from 14:00, plans to extend the term of the next Scottish Parliament by one year will be debated for the first time. 

This will be followed by the first debate on legislation intended to tighten up lobbying laws.