'Order, order' at Holyrood
- Published
Was it planned? I refer to James Kelly's protest at Holyrood and subsequent expulsion from the chamber.
Yes, inasmuch as Labour MSPs were spoiling for a fight over the ruling by the Presiding Officer that Holyrood could not block the Westminster Bill to curb trade union rights.
Mr Kelly was simply the most persistent of a long list lining up to challenge that ruling. Plus, as the Business Manager, he took precedence when it comes to discussing procedure in Parliament.
'Red mist'
But he is adamant that he did not intend to get expelled. He is adamant that he was not courting such a response.
I asked him whether the "red mist" had descended. His response was indignation. The issue of mist had not arisen. He had been perfectly calm and collected. The fault, he argued, lay with the chair.
To recap, the issue of the Conservative union Bill had already been discussed in the chamber with the Cabinet Secretary, Roseanna Cunningham, responding to a topical question. It should be noted that such topicals are chosen by the chair.
Ms Marwick's ruling had been to the effect that;
industrial relations are reserved to Westminster
that, consequently, the UK government was entitled to propose legislation and that the UK Parliament was entitled to legislate for the entire UK, including Scotland
and that it was not competent for the Scottish Parliament to seek, via a legislative consent motion, to thwart the Bill or prevent its application to Scotland.
Discontent with the Bill was not legally relevant. Nor was the fact that the Bill might impact upon the Scottish Government's relationship with its own public sector employees. That might well be true - but it did not alter the executive powers of the SG nor the competence of the Scottish Parliament. Others dispute that latter point in particular.
Ms Cunningham voiced disappointment at the ruling - but then said that ministers would seek other ways to thwart the measures. In particular, they would send the proposals to the committee which is looking at enhancing Holyrood's powers.
The broader SNP point, then, is that industrial relations should be transferred to Holyrood to prevent such issues occurring in the first place.
Which brings us to Mr Kelly. Labour and the SNP have taken a common stand on the Bill. Nicola Sturgeon and Jeremy Corbyn shared a platform at an STUC rally in Glasgow opposing the measures.
But commonality only goes so far. It is arguably in Labour's interests to appear more zealous than the SNP in opposing the package. To emphasise, Labour politicians genuinely loathe the Bill. It is more - much more - than mere strategy.
But hence the temperature of the protests. Mr Kelly sought - in his own measured way - to make his case. Ms Marwick sought to encourage him to get on with it. She explained that it was vital for an MSP to begin by stating the elementary point of order before proceeding to persuasive argument.
'Stop interrupting'
Mr Kelly advised the PO, repeatedly, that he would get on rather better if she would stop interrupting his flow. Ms Marwick reminded him of the need to respect the chair - and of the powers she possessed.
The PO ordered him to resume his seat. Mr Kelly refused point blank. At that point, there was only going to be one outcome. He was escorted from the chamber, ever so politely, by a security officer.
Outside, Team Labour were content. A protest had been made. A vigorous protest. A direct protest against the Tories and, less obviously, a challenge to SNP Ministers to do more.
The chat amongst the SNP? Firstly, they stress that they are every bit as much opposed to the union legislation as Labour. Within the constraints of devolved power, they insist that they are seeking every avenue to thwart the legislation and, for example, to continue if possible with the "check off" system for union subs within their employment.
One or two noted that it was only the need for solidarity which prevented them from pointing out that Labour had missed an opportunity to press for the devolution of industrial relations in the Smith Commission process.
Where now? The Bill proceeds at Westminster. Scotland's other Parliament, as Conservatives are fond of saying. But the protests continue too, either singly or severally.
- Published15 December 2015