ANNUAL CONGRESS 2005
DECISIONS BOOKLET
(PLEASE RETAIN FOR FUTURE REFERENCE)
PAPER A Complete record of Motions submitted for consideration at the 2005 Congress and the decisions recorded.
PAPER B Resolutions adopted at the 2005 Congress.
PAPER C Emergency Resolutions adopted at the 2005 Congress.
PAPER D Motions remitted at the 2005 Congress.
PAPER E Constitutional Amendment submitted for the 2005 Annual Congress, which was subsequently withdrawn from the Congress Agenda.
2005 Annual Congress Congress Decisions Booklet 1
PAPER A
2005 CONGRESS BUSINESS
Resolutions / Motions Decisions
Constitutional amendments:
Rule 5 Carried
Rule 13 Withdrawn
Composite A (1 & amendment, 4) The Economy Carried
Composite B (2 & amendments, 44) Pensions Carried
Composite B1 (45, 46) Pensions and Insolvency Carried
Composite B2 (39, 40, 41, 42 & amendment, 43) Public Sector Pensions Carried
Composite C (3 & amendment, 79 & amendment) Challenging Racism and Fascism Carried
Composite D (5, 6 & amendment) Manufacturing Carried
Composite E (7, 8 & amendment, 9) Balanced Energy Policy Carried
No.10 Coal Industry Carried
No. 11 Offshore Oil and Gas Industry Carried
No. 12 Print and Paper Industry Carried
2005 Annual Congress Congress Decisions Booklet 2
No. 13 Cultural Commission Carried
No. 14 Broadcasting in Scotland Carried
No.15 Regulatory Authorities Carried
Composite F (16, 17) Transport Carried
Composite G (18 & amendment, 19, 20) Caledonian MacBrayne Carried
Composite H (21, 22 & amendment) Railways Carried
No. 23 Unmanned Crossings Carried
Composite I (24 & amendment, 25 & amendment, 26, 27) Public Services Carried
Composite J (28 & amendment, 29) Efficient Government Carried
No. 30 Public Sector Housing Carried
No. 31 Peterhead Prison Carried
Composite K (32 & amendment, 33) Fire Service Standards Carried
No. 34 Health Care for Home Carers Carried
No. 35 Transport Carried
Composite L (36, 37) Education Carried
Amended No. 38 Youth Music Initiative Carried
Composite M (47 & amendment, 48 & amendments) Corporate Accountability Carried
No. 49 Scottish Hazards Centre Carried
2005 Annual Congress Congress Decisions Booklet 3
No. 50 Violence in the Workplace Carried
No. 51 Workplace Stress Carried
No. 52 Mental Health Problems and Stigma Carried
No. 53 Health & Safety and Young People Carried
No. 54 Oil Industry Carried
Composite O (55 & amendment, 56 & amendment) Trade Union and Employment Rights Carried
No. 57 Grants and Assistance Carried
No. 58 Supporting Parents and Carers Carried
Amended No. 59 Migrant Workers Carried
No. 60 Employment of Disabled People Carried
Amended No. 61 Protect Christmas and New Years Day Carried
No. 62 Equal Pay Carried
Composite P (63 & amendments, 64 & amendment) Carried National Minimum Wage
Amended No. 65 Sectarianism in the Workplace Carried
Composite Q (66, 67) Bullying and Harassment Carried
Amended No. 68 Paid Parental Leave Carried
No. 69 Statutory Redundancy Scheme Carried
No. 70 Northlink TUPE Carried
No. 71 & Amendment Pay Modernisation in Higher Education Remitted
2005 Annual Congress Congress Decisions Booklet 4
No. 72 Workers and Children's Activities Carried
No. 73 Mainstreaming of Young Members Carried
No. 74 Unions Work for Black Workers Carried
No. 75 Unions Work for Disabled People Carried
No. 76 Unions Work, Young People and Education Carried
No. 77 NUJ Members Carried
No. 78 Powers of the Scottish Parliament Remitted
No. 80 Asylum and Immigration Act 2004 Carried
Composite R (81, 82) Migrant Workers/ Asylum Seekers Carried
Composite S (83, 84 & amendment) Disabled People Carried
Composite T (85, 86) State Pensions Carried
No. 87 Age Discrimination Carried
No. 88 Anti Terrorism Legislation (Anti Terrorism, Crime & Security Act 2001) Carried
No. 89 Debt Avoidance Carried
Composite U (90 & amendment, 91, 92, 93, 94 & 95) Global Poverty/ G8 Carried
No. 96 & Amendment Globalisation Remitted
No. 97 Global Campaign for Universal Primary Education (UPE) Carried
Composite W (98 & 100) Trade Unionism in Iraq Carried
2005 Annual Congress Congress Decisions Booklet 5
Amended No. 99 Iraq Carried
Composite X (101 & amendment, 102) International Affairs Carried
Composite Y (103, 104 & amendment) Palestine Carried
Composite Z (105, 106, & 107) Trident Nuclear Weapons Carried
Emergency No.1 National Australia Group Carried
Emergency No.2 BBC Cuts Carried
Emergency No. 3 Hannah Research Institute Carried
Emergency No. 4 Fire Service Control Rooms Carried
Emergency No. 5 HMP Kilmarnock Carried
General Council Emergency Statement 2005 General Election Carried
2005 Annual Congress Congress Decisions Booklet 6
PAPER B
2005 ANNUAL CONGRESS
RESOLUTIONS CARRIED
2005 Annual Congress Congress Decisions Booklet 7
Constitutional Amendment
RULE 5. BASIS OF REPRESENTATION
(a) Line 3: after "paid an affiliation fee of" delete "94 pence per member (in 2003) and £1.04 (in 2004)" and insert "£1.09"
Composite A (covering motions 1 and amendment and 4)
The Economy
"That this Congress recognises the UK Government's success in creating a stable economy with record levels of employment. Congress notes the Scottish Executive's commitment to economic growth as set out in the revised Framework for Economic Development in Scotland and refreshed A Smart, Successful Scotland strategy. Given that the primary focus is on increasing productivity in the private and public sectors, Congress is concerned that FEDS fails to mention the importance of fair employment practices.
"Congress welcomes changes to regional aid rules and initiatives, like the Executive's Green Jobs Strategy.
"Congress calls on government to recognise that effective employment regulation does not have to come at the price of high unemployment and calls on the General Council to campaign for government to:
· recognise that the causes of low productivity are often to be found in low pay and low valuation of a disposable workforce;
· commit resources to actively promote fair employment practices and the creation of high performance workplaces, and
· recognise the positive contribution that Scotland's public sector makes to the development of the Scottish economy.
"Congress believes that there are sustainable economic futures based on both services and goods production. To support the
2005 Annual Congress Congress Decisions Booklet 8
achievement of sustainable economic growth in Scotland, Congress calls on the General Council to campaign for:
· greater trade union representation on Local Enterprise Companies and Local Economic Forums, learning from the example set by the English Regional Development Agencies;
· sufficient funding for, and trade union representation on, the new Scottish Manufacturing Advisory Service;
· further measures to encourage companies to invest in research and development;
· further investment in Education and Lifelong Learning;
· new measures to tackle Scotland's unacceptably high levels of economic inactivity, building on the success of the Pathways to Work pilots, in recognition that real unemployment remains too high;
· a more transparent and long-term procurement strategy that will benefit Scottish companies;
· a properly resourced and independent Scottish Co-operative Development Agency to promote social ownership, with the introduction of a statutory right to convert existing enterprises into co-operatives at times of takeover, transfer or closure;
· grants to be linked to commitments on job creation, job security and fair employment practice;
· radical pension fund and trust law reform to allow pension schemes to be not only owned, but controlled by working people and invested according to much broader criteria;
· a new devolved Scottish Defence Diversification Agency answerable to the Scottish Parliament;
· active support for the transition from toxic industries towards socially useful production.
2005 Annual Congress Congress Decisions Booklet 9
"Congress calls on the General Council to build alliances with other movements and organisations to promote these economic reforms at Scottish, UK and international level."
Composite B (covering motions 2 and amendments, and 44)
Pensions
"That this Congress is gravely concerned that the pensions crisis continues to deepen, with many public service workers facing attacks on their pension schemes, in addition to the continuing threats to schemes by private sector employers.
"Congress calls for a co-ordinated campaign for changes in legislation that protects the pension rights of members of all schemes, and seeks to ensure that workers are encouraged to contribute to affordable and secure occupational pension provision.
"Congress draws attention to the plight of many of our pensioners who currently live in poverty, a significant number of whom are women, who have not had the same employment opportunities and working conditions to allow them to build up any reasonable financial benefits to see them through the later stages of their lives.
"Congress calls on the General Council to join with the TUC to:
· support affiliates in their individual campaigns to protect their members' pensions;
· call on the Government to abandon plans to radically change public sector pension schemes;
· expose private sector employers who take contributions holidays, or directors who boost their own schemes, while closing employee final salary schemes for less beneficial defined contribution schemes;
· work to ensure that all public sector workers whose jobs are outsourced retain the right to remain in their occupational scheme;
2005 Annual Congress Congress Decisions Booklet 10
· highlight the need for compulsory contributions as being the only effective method of extending pension scheme access;
· work with the TUC to develop a network of pension representatives, trained to provide advice on workplace pensions issues, and to lobby the Government to establish procedures for the appointment, training and release of workplace pensions representatives;
· support the Scottish Pensioners' Forum and work with it to secure an acceptable, universal state pension linked to earnings and the elimination of pensioner poverty;
· initiate research into pension discrimination against women and work with the EOC to ensure that pensions discrimination on the grounds of gender, sexual orientation or marital status is eradicated;
· work with the STUC Youth Committee and organisations such as NUS Scotland in promoting pensions to young people and examine areas for potential joint campaigns."
Composite B1 (covering motions 45 and 46)
Pensions & Insolvency
"That this Congress notes that, despite some safeguards being instituted by the Government for final pension salary schemes, many employers are continuing to attack such schemes.
"Congress also notes that, despite widespread adverse publicity, many company directors continue to award themselves large pay rises and build large personal pension funds, while neglecting or inadequately funding their employees' pension funds.
"Further to this, many schemes suffer from deficits, as many companies are not funding their schemes properly, or are using accounting mechanisms to show their schemes are sufficiently funded to cover all liabilities, when, in actual fact, the scheme is in or near a deficit situation.
2005 Annual Congress Congress Decisions Booklet 11
"Congress believes that legislation should provide for personal liability of directors, where it can be shown that they have been responsible for decisions leading to the run down or deficit of company pension schemes.
"Congress is concerned that inadequate compensation has been offered to workers, such as those at UEF, who have suffered massive reductions in their pensions as a consequence of insolvencies.
"Congress notes that such cases demonstrate the need to reform insolvency legislation to protect payments, such as pensions, enhanced redundancy payments and industrial injury and disease compensation (including in asbestos related cases) and calls for workers to be regarded as primary creditors in all insolvency situations. To make this possible, the Pension Protection Fund and the Financial Assistance Fund set up by the Government must be adequately funded.
"Congress pledges support to the campaign by workers at UEF and agrees to campaign, in conjunction with all affiliates and the TUC, to seek the necessary amendments to the current law to ensure that those workers whose schemes have folded or have been affected by insolvency situations can be retrospectively financially reimbursed and that employees are properly and adequately financially protected in the event of the failure of their scheme through no fault of those employees.
"Congress, calls on the General Council to organise a major demonstration involving trade union, welfare, equality, community and pensioners' groups in Scotland to unite today's pensioners with tomorrow's pensioners in the fight for pensions justice."
Composite B2 (39, 40, 41, 42 and amendment and 43)
Public Sector Pensions
"That this Congress is strongly opposed to the proposed changes to public sector pension schemes, such as the ending of final salary pension schemes, raising of the normal retirement age to 65 and the increase in the minimum pension age to 55.
2005 Annual Congress Congress Decisions Booklet 12
"Congress, instructs the General Council to oppose these changes and to assist and co-ordinate the campaigns of affiliated unions across the civil and public services and throughout all sectors of the trade union movement.
"Congress calls on Government to:
· maintain a high standard of occupational pension provision for public service workers;
· withdraw all proposals that will lead to detrimental changes to current pension schemes;
· seek any changes through meaningful negotiation and consultation with all stakeholders, particularly trade unions representing public service employees;
· investigate the implications of the increasing diversity of public service providers for the portability of public service pensions.
"Congress also instructs the General Council to give its full support to affiliates involved in action, short of strike or strike action, in the fight to maintain a high standard of occupational pension provision for public service workers and the right of all workers to economic security and dignity in retirement.
Composite C (covering motions 3 and amendment, motion 79 and amendment)
Challenging Racism and Fascism
"That this Congress applauds the tremendous work done by the STUC Black Workers' Committee in campaigning to challenge racism and fascism and recognises and commends its work particularly in supporting black workers, and in campaigning for greater compliance with the Race Relations Amendment Act.
"Congress also recognised the activities undertaken by the STUC General Council, including the St Andrew's Day event, the One Workplace Equal Rights Project, and campaigns against the BNP and National Front.
2005 Annual Congress Congress Decisions Booklet 13
"Congress congratulates the Government for supporting trade unions and introducing legislation which allows unions to expel racists and xenophobes who contravene union rules on equality and diversity and also reduces the financial incentive for BNP members to pursue trade unions through the courts.
"Congress recognises the importance and relevance that its Unions Work Campaign has in helping to mainstream a positive anti-racist and anti-fascist culture, not only in trade union structures and in employment conditions, but in supporting black workers in the world of work generally. However, Congress recognises that much more remains to be done to achieve our objective of eradicating racism and fascism in the workplace and throughout Scottish society.
"Congress notes that institutional racism, race discrimination and victimisation remain a serious problem in society, including many workplaces and schools, in the provision of services at all levels, and which still can be found within some trade union services and functions. Discriminatory systems, prejudicial views and ingrained negative stereotypes mean that black people still face barriers, inequality, and victimisation. Therefore, everyone in Scotland has a role to play in tackling racism, whether it occurs in the workplace, in schools, in service provision, in trade unions, or in society at large.
"Congress calls on the General Council and all affiliates to tackle racism and fascism as a priority by:
· engaging with the Scottish Executive and other policy making bodies to ensure the race equality perspective is mainstreamed into all public policy development;
· making Unions Work for black workers, encouraging black workers into membership, representing them effectively, and supporting them to progress in union structures and decision making;
· taking positive actions to support black workers in trade unions, and challenging racist cultures;
2005 Annual Congress Congress Decisions Booklet 14
· ensuring race equality is mainstreamed into every aspect of trade union activity, including recruitment, representation, and union structures; and
· continuing to engage in anti racist and anti fascist activities that promote equality and diversity."
"Congress also instructs the General Council, in consultation with the Black Workers' Committee, to:
· remind all affiliates of Congress policy on this matter and ask for reports from them of what steps are being taken by them in respect of their own structures, bargaining policy and wider campaigning;
· produce a report for Congress 2006, incorporating the information supplied in the above, together with recommendations from the General Council on how Congress and affiliates can better challenge racism and fascism in trade unions, at work and in society;
· continue to support those affiliates who are campaigning to allow trades unions the right to include in their Rule Books provisos that allow them to exclude from membership of their trades union applicants who are members of the BNP or other racist or fascist parties."
Composite D (covering motions 5 & 6 and amendment)
Manufacturing
"That this Congress recognises the importance of the manufacturing sector to the Scottish economy and calls upon the Scottish Executive to place the maintenance of a sustainable and viable manufacturing sector as a key to Scotland's future prosperity.
"Congress is concerned that, like the rest of the UK, the Scottish manufacturing sector is facing many difficulties and views the continuing loss of manufacturing jobs in Scotland with alarm.
2005 Annual Congress Congress Decisions Booklet 15
"Congress believes that there is no evidence to suggest that employment regulation has a detrimental effect on investment and jobs and believes that, until UK workers are offered a truly level playing field of employment rights and social planning, the Scottish manufacturing sector will lose out through off-shoring.
"Congress further believes that, in order to make manufacturing industry work more effectively, it is important for the EU Directive on Information and Consultation to be implemented in its true spirit. Congress is concerned that companies within the Scottish economy are unprepared for the introduction of the Regulations.
"Congress, calls upon the Executive to develop a proactive and positive manufacturing strategy and upon the STUC General Council to actively campaign:
· to ensure that the recently established Scottish Manufacturing Advisory Service is fully resourced and has trade union input in defining its strategy;
· to promote a public procurement strategy, considering the recommendations in the recent Wood Report, which safeguards Scottish jobs and skills;
· to end social dumping in Europe through a level playing field on employment rights;
· to encourage greater investment in skills and training by employers; and
· for the Government to fully implement the Information and Consultation Directive;
· for the Scottish Executive to fully implement the adopted EU Directive on public procurement, ensuring the legal obligation on contracting authorities to consider social, employment, disability and environmental issues when awarding public contracts;
· for the Westminster Government to promote an information campaign about the importance of exchange rate stability for manufacturing investment and employment.
2005 Annual Congress Congress Decisions Booklet 16
Composite E (covering motions 7, 8 and amendment and 9)
Balanced Energy Policy
"That this Congress notes that energy prices are being increased every few months and that the recent blackouts, storms and severe weather conditions have placed a huge strain on our energy network.
"Congress notes with concern that energy costs to manufacturing in Scotland puts production at a competitive disadvantage relative to manufacturers in other EU countries and that costs in Scotland are likely to increase sharply and at a faster rate than in other countries in the next few years.
"Congress notes that blackouts and disruptions in energy supply and the uncertainty over the introduction of the Large Combustion Plant Directive and the impact of carbon trading have led to the belief that the UK energy supply will come under serious threat.
"Congress applauds the STUC's very successful Energy Conference in December 2004 and endorses the resulting call for an Energy Strategy for Scotland. Congress considers that this strategy must be based on a balanced environmentally friendly energy policy, which includes the active pursuance of renewable energy sources, clean coal and nuclear within this generation portfolio.
"Congress considers that:
· allowing more gas fired power stations to be built, when the gas comes from unstable countries and the price of gas is continually rising, is a mistake and raises many issues in relation to security of supply of the UK's energy system;
· early decisions are required on extending the life-span of our ageing nuclear and coal-fired stations or whether new stations are required.;
· the Government fund a full sized demonstration plant, employing clean coal combustion and carbon capture, at an early date which would prove, through a working unit, the benefits of clean coal technology in terms of higher efficiency
2005 Annual Congress Congress Decisions Booklet 17
and reduced emissions, which could be further reduced by co-firing with biomass;
· meaningful economic incentives are required to promote R&D into non-wind renewable technologies, such as tidal stream generation, which have great potential, but which are currently some way short of commercial realisation;
· recent announcements, such as National Grid Transco possibly facing severe financial penalties for interruptions to supply, could be detrimental when we need to ensure these companies are investing in the network, in transmission and in generation.
"Congress calls upon the General Council to use its influence with the Scottish Executive and the UK Government to pursue a balanced energy policy, which delivers security of supply for the nation's future as a matter of urgency and importance to the entire Scottish economy.
Resolution No. 10 Coal Industry
"That this Congress notes that, in October 2004, the NUM submitted a document to the DTI (Department for Trade and Industry) entitled `A Carbon Abatement Technologies Strategy for Fossil Fuel Power Generation'. The document promoted a balanced, diverse, secure energy policy based on indigenous fuels. In the summary of the document, the following quotes were included:
· the stated aims of the UK Government energy policy cannot be delivered without a substantial contribution from coal; and
· the UK is moving to a high level dependence on imported energy.
"Congress also recognises that the NUM responded to the 2003 DTI Energy White Paper, highlighting the point that the White Paper made no meaningful reference to coal.
"Congress notes that the UK was a world leader in the development of clean coal technology and if the Government
2005 Annual Congress Congress Decisions Booklet 18
commitment to cutting green house gases is to be fulfilled, drastic changes must be made.
"Congress, therefore, commits to the following:
· actively support the NUM submission to the DTI by affiliates publishing articles in their journals;
· campaign for the retention of all remaining coal pits in the UK;
· call on the UK Government to recognise that coal will be increasingly used throughout the world in the next 50 years; and
· all in the Government to recognise that, if clean coal technology is not introduced widely throughout the industrial world and including the UK, emission targets will never be achieved."
Resolution No. 11 Offshore Oil & Gas Industry
"That this Congress recognises the major contribution that the Scottish offshore oil industry makes to the economy of Scotland and the rest of the UK. Congress, therefore, views with concern the dramatic decrease in exploration drilling in the UK Continental Shelf, which last year led to Britain becoming a net importer of oil for the first time in 13 years. This decrease is reflected in the loss of jobs in the drilling sector caused by the lack of investment of established operators in exploration drilling.
"Congress welcomes the analysis of this situation produced by Amicus in October last year, and supports the approach proposed for an examination of current taxation regimes in the exploration industry, with a view to establishing changes to encourage those operators who do invest in exploration and penalise those who sit on their assets.
"Congress calls upon the General Council to facilitate meetings with the Scottish Executive and stakeholders to commence an examination of the issues, with a view to presenting detailed
2005 Annual Congress Congress Decisions Booklet 19
proposals to the UK Chancellor of the Exchequer which will secure the future of the Scottish oil exploration industry."
Resolution No. 12 Print & Paper Industry
"That this Congress is deeply concerned at the continual loss of jobs and closures in the Print and Paper Industry in Scotland.
"This sector of manufacturing has experienced a very difficult time with companies closing, going into receivership or restructuring, resulting in hundreds of jobs going. Congress believes this has come about as a result of many factors, such as:
· lack of investment in plant and machinery;
· lack of investment in training and development of the workforce;
· failure to take a longer term view too many short term fixes;
· multi-national companies taking decisions many miles away from Scotland with little regard to the impact on local communities; and
· major companies switching products to Eastern Europe and the Far East countries.
"Therefore, Congress calls on the General Council to urge the UK
Government, the Scottish Executive and the Enterprise bodies to come together to assist this ailing sector of manufacturing."
Resolution No. 13 Cultural Commission
"That this Congress awaits the published findings of the Cultural Commission, chaired by James Boyle. Congress supports the right of every citizen to access cultural activity, wherever it may be delivered throughout Scotland, and expects that, as a result of the Cultural Commission's report to the Scottish Executive, the necessary infrastructure and support mechanisms will be put in place by the Executive to ensure that this ideal becomes a reality."
2005 Annual Congress Congress Decisions Booklet 20
Resolution No. 14 Broadcasting in Scotland
"That this Congress notes with disappointment the recent announcement about the restructuring of the BBC and, in particular, the result of this restructuring in Scotland.
"Congress notes the lack of decision making in broadcasting in Scotland and fears this will decline further if the ITV network consolidates. All major programming decisions, and especially those relating to the commissioning of dramas, are made in London.
"Congress calls on the BBC Governors to devolve more decision making to Scotland. Although the legislative framework for broadcasting is a reserved matter, the economic effects of the broadcasters' decisions are not. Congress and the Executive must have the right to call the public sector broadcasters to account for the way they serve the people of Scotland. It cannot be beneficial to the UK as a whole that all the decision-makers in broadcasting live in the same city, eat in the same restaurants and view the world from the same place and time.
"Congress calls on the Commission to campaign to have at least one BBC television channel and possibly a UK national radio station relocated to Scotland and to challenge the other broadcasters on their attitude to commissioning work in Scotland."
Resolution No. 15 Regulatory Authorities
"That this Congress agrees that regulatory authorities in the UK have been and continue to be unaccountable to both the public and parliament.
"Postcomm, the regulator for the postal business, is pursuing charging and liberalisation policies that are neither in the interests of the postal service, nor that of the public, by forcing price restrictions that prevent the proper ability to fix postal charges that will return sufficient revenue for necessary reinvestment in equipment, staff and services to provide the financial continuity required to underpin the Universal Service Obligation (USO), that was one of the key points of the original remit of Postcomm, when it was initially set up by government.
2005 Annual Congress Congress Decisions Booklet 21
"Congress calls upon the General Council to continue campaigning with all affiliates, the TUC, the Wales TUC and all Regional TUCs to bring about democratic control of all regulatory authorities, including Postcomm, through proper parliamentary and public scrutiny channels."
Composite F (covering motions 16 and 17)
Transport
"That this Congress welcomes the introduction of the Transport Act in Scotland and the placing of Quality Partnership and Quality Contract arrangements in the bus industry on a legal footing. However, Congress notes that the creation of Quality Partnerships in some areas has been subject to delay and calls upon the Scottish Executive to use powers in the Act to impose Quality Contracts in such cases.
"Congress believes that the social and environmental benefits of increased use of public transport will only be realised if public transport provision is adequate, reliable, affordable and safe for both users and transport staff. Congress, therefore, calls for:
· the introduction of regulations and codes of practice on fares, frequency of service, vehicle standards and workers' safety to accompany the Transport Scotland Act, as promised by previous Transport Ministers in Scotland; and
· an extension of the legislation on violence against workers in Scotland to include attacks against transport workers.
"Congress believes that there is a need for legislation to address the effect on the health and safety of transport workers and the general public relating to instances of driver fatigue. Congress, therefore, welcomes the moves to introduce legislation on working time in the transport sector. However, Congress opposes any attempts to water down this legislation, such as moves to allow employers to offset holidays against working time, exempt waiting time from the working time calculations or introduce "two-tier" regulations covering regular and occasional mobile workers.
2005 Annual Congress Congress Decisions Booklet 22
"Congress also believes that, in order to maintain the economic well-being of the United Kingdom, LGV drivers should be encouraged to remain within the logistics industry and the industry should attract new driving recruits. Congress asks the General Council to lobby parliament to seek to have digital tachograph cards issued to professional lorry drivers at no cost to LGV drivers."
Composite G (covering motions 18 and amendment, 19 & 20)
Caledonian MacBrayne
"That this Congress condemns the decision of the Scottish Executive to tender the essential lifeline ferry services operated on the Clyde to the Western Isles currently run by Caledonian MacBrayne.
"Congress notes that the Scottish Executive's approach flies in the face of the European Court of Justice judgement in respect of Altmark, which lends support to the view that there is no duty or obligation upon the Scottish Executive to pursue a tendering course as dictated by the European Commission.
"Congress contends that the Maritime Cabotage Regulations should not apply to the lifeline services operated by Caledonian MacBrayne. Congress, therefore, calls upon the Minister to fight Scotland's corner with greater vigour and determination than so far displayed, with a view to the European Commission withdrawing its threat to enforce the tendering process.
"Alternative arrangements should be adopted, which avoid tendering and the adverse consequences for passengers, local communities and employees, such as:
· the fragmentation of the service and the creation of additional interfaces that will have a detrimental impact, as the savings accrued from a unified service will be lost;
· the creation of additional companies seeking profits that will drain money from the public purse;
2005 Annual Congress Congress Decisions Booklet 23
· compromised safety and operational efficiency through the inability of a single controller to take network decisions;
· private sector disciplines running strongly against the public sector ethos of Caledonian MacBrayne and the operation of lifeline services to island communities;
· the threat to terms and conditions of crews being transferred to an offshore company and the employment of low cost foreign nationals;
· the threat of a two tier workforce with new employees receiving inferior pensions;
· significant job loss at Caledonian MacBrayne's Gourock Headquarters in the event of the company being unsuccessful in its bid;
· significant threat to jobs and the fragile economies of local communities in the Clyde and Western Isles should the company not succeed in its bid; and
· jeopardising hard-won terms and conditions and pension entitlements of employees.
"Congress applauds the work of the STUC in leading the campaign to have the tendering policy abandoned and resolves to continue to articulate the sound arguments against such an ill-considered and unnecessary course of action. Congress also urges the General Council to actively seek safeguards on this, and future tendering exercises, preventing the introduction of foreign- registered ships using poorly-paid foreign crews.
"Congress reiterates its concern over the continued decline in the number of Scottish seafarers and agrees to continue to support the campaign for increased employment and training opportunities, repeal of Section 9 of the Race Relations Act (subject to arrangements to protect the position of British seafarers being put in place in advance of any repeal) and a direct training and employment link commitment from UK companies seeking qualification for the UK tonnage tax for UK seafarers."
2005 Annual Congress Congress Decisions Booklet 24
Composite H (covering motions 21 and 22 & Amndment)
Railways
"That this Congress reiterates its belief that the privatisation of the railways has failed both passengers and employees and reaffirms its support for re-nationalisation of the railways.
"Congress resolves to prosecute its policy of re-nationalisation by lobbying the Scottish Executive to campaign for powers to take Scottish passengers services back under public control.
"Congress reiterates its commitment to ending the two-tier workforce and condemns the continued existence of the two-tier workforce on Scotland's railways, where staff employed prior to privatisation enjoy safeguarded travel facilities and those employed following privatisation do not have this guarantee.
"That this Congress welcomes the moves by the Government, through the Railways Bill, to give Scottish Ministers increased responsibility for passenger rail services and infrastructure relating to Scotland. Congress further welcomes the devolving of powers to Scotland to support rail freight.
"Congress believes that the Government's proposals will deliver a more strategic approach to the planning, integration and delivery of transport at all levels within Scotland.
"Congress is, however, concerned that the Bill will make it easier for funding authorities to close railway lines and services by removing the criteria of passenger hardship from the criteria for closure.
"Congress notes that the Bill makes it easier for bus Quality Contracts to be introduced, but would be concerned if this was part of a wider strategy which includes reductions in rail services.
"Congress, resolves to lobby the Scottish Executive to use its new powers over the Scottish passenger franchise, to ensure that all railway staff in Scotland receive the benefit of residential and privilege travel facilities.
2005 Annual Congress Congress Decisions Booklet 25
"Congress instructs the General Council to seek guarantees from the Scottish Executive to promote a growth agenda for the railways in Scotland that puts the interests of passengers at its heart.
"Finally to prosecute the above and other policies to promote the interests of rail workers and passengers, Congress requests that the General Council establish a railway industry task group to coordinate campaigning and hold regular meetings with MSPs and the Scottish Executive."
Resolution No. 23 Unmanned Crossings
"That this Congress expresses its deep concern, regarding the accidents and fatalities that take place on unmanned crossings each year, and notes also there were 24 incidents of collisions between vehicles and trains in 2003, 16 in 2002 and 17 in 2001.
"Sadly, statistics show that, in the UK during the period from 1996- 2000, there were 5 fatalities for every 1,000 level crossings, of which there were 3,957 in the UK.
"To add to the seriousness of the problem, there are proposals to build a further 6 in Scotland in 2005. "This alarming fact must give concern to the STUC, the Scottish Parliament and Westminster.
"On the above basis, Congress commits to work with the rail unions by mounting a campaign for additional active safety measures at level crossings that ensures that either automatic or driver operated braking systems are triggered in the cab if obstacles remain on the line."
Composite I (covering motions 24 and amendment, 25 and amendment, 26 and 27)
Public Services
"That this Congress believes that excellent public services are a key generator of economic growth and are essential to a prosperous, sustainable, healthier and better-educated Scotland.
2005 Annual Congress Congress Decisions Booklet 26
"Congress believes that public services should be directly provided by the public sector and delivered on the basis of co-operation not competition, responsive to the needs of individuals and communities, properly funded, driven by a commitment to equality and social justice, and that the vital work performed by public service workers should be properly rewarded.
"Congress welcomes the intention of the Scottish Executive's spending plan to sustain long term investment in Scotland's public services especially in new recruitment in the NHS and pre-school education.
"Congress is, however, disappointed that the local government settlement is at little more than inflation, making it increasingly difficult for local authorities to respond to the service aspirations of both the Executive and the communities they serve. There is also little in the spending plans to end pay inequalities and provide fair pay and conditions for all staff who deliver the services Scotland wants and needs.
"Congress:
· opposes an extension of the use of PFI & PPP and calls for an examination of alternative ways to finance public investment and of allowing greater freedom for Councils to borrow and trade;
· rejects cost-driven Best Value processes and believes that Best Value should be based on best employment and quality of service standards;
· calls for the extension of the STUC-Scottish Executive protocol on two-tier workforces to cover all instances of contracting out and transfer, including those arising from Best Value processes;
· opposes transfer of housing stock and calls for a full examination of alternatives to stock transfer;
· calls for the exemption of essential services, such as water supply and CalMac ferry services, from tendering processes;
2005 Annual Congress Congress Decisions Booklet 27
· calls for the return of trunk road repair and maintenance contracts in Scotland to Council DLOs and, in the meantime, final salary pension provision for trunk road workers, comparable with their previous local authority pensions, in accordance with Cabinet guidelines;
· calls for improvement and protection of employment standards for public service workers, including access to learning and training, fair treatment for term time workers, the realisation of equal pay through the promotion of mandatory equal pay audits, protection of pension benefits and properly funded pay awards to meet the Single Status arrangements;
· calls for the Labour and Trade Union Movement in Scotland wants to work with the Labour led Executive and the Labour Government at a UK level to secure new investment in public services and where necessary policy revision;
· calls for a renewed emphasis on access to public services;
· an extension of devolution and democracy in public service decision making with more powers devolved to local government where possible and greater participation by staff in the design of public services.
"Congress is concerned that the EU Directive on Services would deregulate services by eliminating national protections and governmental control. This drive to liberalise services is also enshrined in the EU Constitution. Congress therefore calls for a balanced debate on the impact of the EU Constitution and the Directive on Services."
Composite J (covering motions 28 and amendment and 29)
Efficient Government
"That this Congress reaffirms its belief that strong public services are an important building block towards sustained economic growth. Congress also believes that all public service organisations should be open, transparent, and democratically accountable and operate fair employment practices.
2005 Annual Congress Congress Decisions Booklet 28
"Congress recognises that public services must take account of changes in demography and the continuing public expectation for high quality services but only on the basis of accessibility to public services within local communities.
"Congress condemns the Chancellor's decision to axe over 100,000 jobs in the Civil Service and pledges to give every assistance to trade unions in the civil and public services in their campaigns to protect jobs and defend public services.
"Congress notes the different approach being taken by Scottish Ministers in the Efficient Government Initiative and particularly welcomes the commitment given by Ministers in Scotland not to set job cut targets.
"Congress also notes that local government had a reduction in budget baselines from anticipated cash savings under the Efficient Government Initiative and 'savings' at Scottish Water may further undermine the safe delivery of water and sewage services.
"Congress can support initiatives to improve the efficiency and effectiveness of public services as long as these can:
· be achieved without recourse to compulsory redundancies or redeployment;
· show an expansion in the range and quality of services provided;
· be achieved following the full participation and involvement of public service unions;
· guarantee that any savings are reinvested back in that part of the public services from which they derive;
· advance the application of fair employment practice within public services;
2005 Annual Congress Congress Decisions Booklet 29
· respect the important role of all public servants avoiding
the irrelevant distinction between frontline' and
backroom' staff; and
· be achieved without resorting to outsourcing.
"Congress instructs the General Council to pursue this policy with Ministers and through the Scottish Public Services Forum and to continue to support the public service trade unions in their efforts to secure a positive outcome from the Efficient Government Initiative."
Resolution No. 30 Public Sector Housing
"That this Congress believes that Scottish Public Sector Housing is in a deep crisis, which the policies of Stock Transfer, PFI and PPP can only intensify.
"Major Scottish cities, such as Dundee, face population decline, which is being answered by often inappropriate, rushed policies of mass demolition of public housing stock.
"Tenants' desire for low cost, high quality, social housing is being threatened by the insistence of the Scottish Executive that accumulated housing debt will only be cancelled where there is a stock transfer to housing associations or other private landlords.
"Some consequences of stock transfer are apparent in Glasgow, with increasing homelessness and the dismissal of elected tenant representatives from their posts.
"Congress calls on the General Council and Affiliates to campaign to:
· end the blackmail of Local Authorities and their tenants, represented by the insistence on stock transfer before debt cancellation;
· cancel Scotland's crippling Local Authority housing debt;
· reverse, where there is popular demand, previous housing stock transfers in Scotland;
2005 Annual Congress Congress Decisions Booklet 30
· halt the demolition of existing, or former, Local Authority housing stock without meaningful consultation with tenants and communities, and without good quality alternative accommodation for displaced tenants;
· work with, and give practical support to, local campaigns, which oppose stock transfers, PFIs, PPPs and demolitions under the guise of regeneration, which marginalise tenants and communities; and
· work with, and affiliate to, `Defend Council Housing' and work with social partners for the establishment of a sister organisation on similar lines in Scotland."
Resolution No. 31 Peterhead Prison
"That this Congress supports the POA Scotland's campaign to influence the Scottish Executive's decision to retain a public sector prison at Peterhead. In doing so, Congress recognises the valuable work in addressing offending behaviour and the economic impact which closure would have on the local economy.
"Furthermore, Congress calls upon the General Council to engage in talks with the Scottish Executive to seek capital investment, which would ensure the long-term future of a public sector prison in Peterhead."
Composite K (covering motion 32 and amendment & 33)
Fire Service Standards
"That this Congress notes the massive changes that are taking place in the Fire Service.
"Changes in legislation, fire cover arrangements, policies, procedures, etc, are being pushed through at an unprecedented rate, are management led, and many of which are detrimental to Fire Service personnel and the public alike.
2005 Annual Congress Congress Decisions Booklet 31
"Congress is deeply concerned that the views of professional Firefighters & Emergency Fire Control Operators are being disregarded & ignored.
"Congress's vision of an efficient and effective Fire & Rescue Service is one which creates a safer society by reducing death and injury, damage to property, and the environmental damage caused by fire and other elements.
"Any new arrangements must reflect and support this vision by utilising resources to the betterment of service delivery, to achieve true improvements to community safety through effective, integrated and proven strategies for prevention, protection and intervention.
"The safety of the people of Scotland must not be compromised by the desire to make financial `efficiency savings'.
"Congress supports:
· full involvement of the Fire Brigades Union at all levels in meaningful negotiations and consultations regarding all aspects of change;
· the 1985 Standards of Fire Cover to be adopted as the National Minimum Standards across all Fire Authorities in Scotland;
· that any new Fire Cover Arrangements be piloted & proven prior to being implemented;
· the retention of all 8 Emergency Fire Control Rooms in Scotland;
· a national ZERO Tolerance policy to fire deaths in Scotland irrespective of postcode;
· recognition of the recognised Trade Union within the scope of the legislation governing the Fire Service in Scotland; and
· a public Fire Service that remains public and free at the point of delivery.
2005 Annual Congress Congress Decisions Booklet 32
"Congress welcomes the additional one off payment awarded to the Highlands and Islands Fire Service, which prevented the automatic closure of the 32 Volunteer Units recommended by the previous Chief Inspector of the Fire Service and asks that a further injection of cash from the Scottish Executive be targeted towards these Units to complete their upgrade to have full intervention capability.
"Congress urges the STUC to approach the Scottish Executive, the Health and Safety Inspectorate and the Fire Brigades Union, along with the Highland and Islands Fire Board to start a process of negotiation whereby these Units are given the means and equipment necessary to provide an effective intervention role at property fires where people are at risk.
"Finally, Congress is concerned that the UK Government may still propose to revoke the Fire Precautions (Sub-Surface Railway Stations) Regulations 1989, which would remove minimum safety standards on sub surface railways. Congress therefore urges the Scottish Executive to ensure that these regulations are retained in Scotland."
Resolution No. 34 Health Care for Home Carers
"That this Congress is aware that many carers themselves often women pensioners are subsidising the State's `anti bed-blocking' policy by accommodating and caring for elderly or disabled relatives at home. This leaves them callously doubly disadvantaged in many circumstances.
"Congress demands that they receive equal consideration with those who currently, and rightly, qualify for pre-winter anti flu vaccinations.
"Congress notes that, responsibly, Scottish Executive Health Department leaflets publicise this free service to all pensioners over 65 years of age and younger people with certain specific conditions, with the advice `Don't Let the Bug Bite!'.
"Congress further notes that, equally responsibly, other leaflet advice includes the need for `Protecting Health Care Workers
2005 Annual Congress Congress Decisions Booklet 33
Against Flu' and lists those who should have vaccination as `All Health and Social Care' staff directly involved in the care of patients in: General Practice; NHS hospitals; private hospitals; residential care homes.
"Congress is perturbed to note that, conversely, no such jabs are provided free to sole carers, often isolated (as opposed to public service visitors to houses in the community). Such carers are forced either to forfeit protection, or to travel, often 50 miles each way, to a private clinic for the same jab at the cost of £15 plus travel costs.
"Such sole carers perform broadly similar tasks at home to those of public service employees and do so 24 hours each day. They feel isolated and threatened by the possibility of succumbing to flu without a rota of colleagues to rely upon for the care of dependants of their care.
"Congress instructs the General Council to tackle the Scottish Executive on this scandalous and unethical `saving', which is tantamount to biting the hand that feeds, and bathes, and dresses and changes and ..."
Resolution No. 35 Transport
"That this Congress believes that, in order to maintain the economic well-being of the United Kingdom, LGV drivers should be encouraged to remain within the logistics industry and the industry should attract new driving recruits.
"Congress asks the General Council to endorse the United Road Transport Union's campaign and lobby parliament to seek to have LGV medical examination fees available to drivers through the NHS, at no cost to LGV drivers."
Composite L (covering motions 36 and 37)
Education
"That this Congress welcomes the publication of the document `Ambitious, Excellent Schools' and welcomes the intention of
2005 Annual Congress Congress Decisions Booklet 34
reducing the content of the curriculum throughout the primary school and in the early stages of secondary school. Congress also welcomes the commitment to remove National Tests in their current form and to move away from the system of target setting and league tables, which have been so damaging to the system of education in Scotland.
"However, Congress is concerned that important changes are proposed to the curriculum and assessment in schools at a time when problems of pupil indiscipline are rising and also at a time when class size maxima reflect the realities of the 1970s,rather than the current situation in schools.
"Congress, therefore, calls on the Scottish Executive to provide the necessary resources to:
· ensure that teachers, parents, trade unions and other stakeholders are fully involved in the detailed discussion on the implementation of the Scottish Executive's proposal;
· seek to reduce substantially class sizes at all levels, in order that individual pupils can have sufficient time with the teacher, and to ensure that adequate numbers of teachers are recruited, so that class sizes may be reduced to agreed levels;
· ensure that any changes in the curriculum and assessment arrangements do not lead to an increase in workload for pupils and teachers;
· ensure that the proposals on school/college collaboration are appropriately organised, including the issues of staffing and resources, and that all involved in teaching young people as part of the new arrangements hold appropriate teaching qualifications.
"Congress congratulates the Minister for Education and Young People in the good first steps he has taken to improve discipline in Scottish schools and calls on the Scottish Executive to work with local authorities, schools and individual teachers on devising strategies, to tackle effectively the problems of pupil indiscipline may and to safeguard the education of the vast majority of pupils who genuinely want to learn."
2005 Annual Congress Congress Decisions Booklet 35
Amended Resolution No. 38 Youth Music Initiative
"That this Congress welcomes the Youth Music Initiative, which arose from the publication in 2003 of `What's Going On', the first ever audit of youth music provision in Scotland. The Scottish Executive agreed to implement most of the findings of the report, co-commissioned by the Musicians' Union, the Scottish Arts Council and Youth Music (UK), resulting in an additional £17.5 million funding for the development of instrumental and singing teaching throughout Scotland's schools for three years from 2003 to 2006. Congress welcomes the recent announcement from Patricia Ferguson MSP, Minister for Tourism, Culture and Sport, that this Initiative is to receive a further two years' funding from 2006 at £10 million per annum.
"This will provide even more opportunities for young people in Scotland to develop their skills, access music education as never before, and to ensure their life experience will be enhanced as a result. Congress, in applauding this Initiative, hopes that the additional funding will be maintained."
"Congress further calls on local authorities to engage with unions representing music teachers and music instructors to ensure that the additional funding is used appropriately to develop the Initiative in primary and secondary schools, including through the appointment of additional qualified staff."
Composite M (covering motions 47 and amendment and 48 and amendments)
Corporate Accountability
"That this Congress notes the lack of justice for workers and their families killed as a result of management failure to deliver safe working procedures.
"In 2003 2004, 235 workers were killed in work related accidents, over 30% of these workers in the construction industry. The average fine for individual managers and directors for breaches of health and safety regulations was £3,292. Congress does not believe this is justice for workers.
2005 Annual Congress Congress Decisions Booklet 36
"Congress believes that the voluntary approach has not worked and that legislative measures are needed to ensure greater safety for workers.
"Congress instructs the STUC General Council to lobby Scottish Executive Ministers and officials, for Scotland to take the lead in developing legislation to impose punitive measures on directors who fail to implement health and safety structures and that adequately penalises all cases of negligence by employers.
"Congress instructs the General Council to organise a public event/lobby during the passage of legislation.
"Congress believes that other changes are required to improve health & safety at work and, in particular, calls for stronger rights for union safety representatives (including roving safety reps)."
Resolution No. 49 Scottish Hazards Centre
"That this Congress recognises the invaluable role of Hazards Centres in England in providing a resource to the labour movement and the public on health and safety and occupational health."
Resolution No. 50 Violence in the Workplace
"That this Congress calls on the Scottish Executive to propose legislation requiring that all employers instigate an audit of violence and abusive behaviour suffered by all front line staff in the workplace.
"On completion of such an audit, appropriate legislation should be put in place to protect workers from criminal violence and abuse."
Resolution No. 51 Workplace Stress
"That this Congress recognises that workplace stress is still a growing problem, which shall have a major impact not only on the Scottish economy, but also has a major impact on the poor individuals who experience it.
2005 Annual Congress Congress Decisions Booklet 37
"Congress also recognises that workplace stress can affect anyone, from a young person starting work for the first time, to job security and the possibility of loosing your job, and that stress can develop from the way someone is treated at work, such as being bullied or harassed.
"Hara