Baxter Parp Posted October 21, 2014 Share Posted October 21, 2014 Yes. That very link was posted earlier. Has BoJo been dragged through the courts yet? And why are you taking Downing Street's word for anything? I thought they weren;t to be trsuted. They're not, but a simple read through of EU requirements indicate that the SNP are right - public bodies can't force contractors to pay wages above that required by law unless it relates to the performance of the contract. Link to comment Share on other sites More sharing options...
banterman86 Posted October 21, 2014 Share Posted October 21, 2014 They're not, but a simple read through of EU requirements indicate that the SNP are right - public bodies can't force contractors to pay wages above that required by law unless it relates to the performance of the contract. Yet that appears to be exactly what Johnson (Boris Johnson!) is doing. Interesting caveat at the end there as well Link to comment Share on other sites More sharing options...
Baxter Parp Posted October 21, 2014 Share Posted October 21, 2014 Yet that appears to be exactly what Johnson (Boris Johnson!) is doing. Interesting caveat at the end there as well How many contracts have been issued with the clause, do you know? It'll just take one contractor that loses out to go to court and he'll be in the shit. Link to comment Share on other sites More sharing options...
banterman86 Posted October 21, 2014 Share Posted October 21, 2014 How many contracts have been issued with the clause, do you know? It'll just take one contractor that loses out to go to court and he'll be in the shit. I don't. I'm also not convinced he would be "in the shit" because the EU rules have a bit of a caveat there. Still – Boris Johnson being more progressive on low pay than the Scottish Government – how did that happen? Link to comment Share on other sites More sharing options...
AUFC90 Posted October 21, 2014 Share Posted October 21, 2014 I don't. I'm also not convinced he would be "in the shit" because the EU rules have a bit of a caveat there. Still – Boris Johnson being more progressive on low pay than the Scottish Government – how did that happen? Maybe you should vote Torie then ? We know that Labour won't be doing anything to help people on low wages until 2020. Link to comment Share on other sites More sharing options...
banterman86 Posted October 21, 2014 Share Posted October 21, 2014 Maybe you should vote Torie then ? We know that Labour won't be doing anything to help people on low wages until 2020. I think it's Johnson's policy as mayor, not tory policy. I believe Labour support extending the living wage. The SNP seem determined to hide behind european law - an issue that has so often been their strong suit.... Link to comment Share on other sites More sharing options...
Reynard Posted October 21, 2014 Share Posted October 21, 2014 I think it's Johnson's policy as mayor, not tory policy. I believe Labour support extending the living wage. The SNP seem determined to hide behind european law - an issue that has so often been their strong suit.... He is using devolved powers. Maybe the SNP should do the same if they are so bothered about wages or whatever it is they are whining about? Link to comment Share on other sites More sharing options...
Baxter Parp Posted October 21, 2014 Share Posted October 21, 2014 I think it's Johnson's policy as mayor, not tory policy. I believe Labour support extending the living wage. The SNP seem determined to hide behind european law - an issue that has so often been their strong suit.... It's clear that the SNP would be introducing a living wage in an independent Scotland so there's no hiding there. I've seen nothing to suggest Labour would introduce a living wage nor would the Tories. Link to comment Share on other sites More sharing options...
banterman86 Posted October 21, 2014 Share Posted October 21, 2014 It's clear that the SNP would be introducing a living wage in an independent Scotland so there's no hiding there. I've seen nothing to suggest Labour would introduce a living wage nor would the Tories. We're talking about the living wage in public contracts. That thing the SNP voted agaisnt but Boris Johnson delivers. Link to comment Share on other sites More sharing options...
AUFC90 Posted October 21, 2014 Share Posted October 21, 2014 We're talking about the living wage in public contracts. That thing the SNP voted agaisnt but Boris Johnson delivers. You keel going on about the SNP though. The SNP were going to introduce it across the board but you voted no so you could moan about low wages and hope that the peoples party in the red ties do something about it. Link to comment Share on other sites More sharing options...
Baxter Parp Posted October 21, 2014 Share Posted October 21, 2014 We're talking about the living wage in public contracts. That thing the SNP voted agaisnt but Boris Johnson delivers. ...perhaps illegally. If the SNP got their legal advice right and so did the current government he's going to be in trouble. The SNP are for a living wage across the board, btw. Link to comment Share on other sites More sharing options...
banterman86 Posted October 21, 2014 Share Posted October 21, 2014 Hint - the SNP are not for the living wage "across the board" if they voted against it's delivery to a certain section of workers earlier this year Link to comment Share on other sites More sharing options...
strichener Posted October 21, 2014 Share Posted October 21, 2014 Hint - the SNP are not for the living wage "across the board" if they voted against it's delivery to a certain section of workers earlier this year Sorry but that is a mis-representation of the SNP position. I think you will find that the issue they had was with the delivery mechanism here. Link to comment Share on other sites More sharing options...
banterman86 Posted October 21, 2014 Share Posted October 21, 2014 Sorry but that is a mis-representation of the SNP position. I think you will find that the issue they had was with the delivery mechanism here. Yet Boris Johnson had no such issue. Be bold, hope over fear etc. Link to comment Share on other sites More sharing options...
strichener Posted October 21, 2014 Share Posted October 21, 2014 Here is a link to an article about the implementation of living wages through procurement. Link Under Article 26 of the Treaty on the Functioning of the European Union (TFEU), contracting authorities may lay down special conditions relating to the performance of a contract provided that these are compatible with EU law and set out in the contract notice/specifications. In the German case of Bundesdruckerei GmbH v Stadt Dortmund, (Case C-549/13), a German contracting authority required all bidders to commit to pay staff, or require any sub-contractor to pay, a specified minimum wage. The contractor wished to sub-contract all of the work to sub-contractors based in Poland. The sub-contractor was unable to give the undertaking as it was not covered by any collective agreement in Poland and the wage level did not reflect conditions in Poland. The contracting authority refused the contractor's request that the specified minimum wage should not apply to the sub-contractor and the contractor challenged the lawfulness of the requirement. The German court referred a question to the General Court of the European Union. It asked whether national law can require that sub-contractors based in another member state pay a specified minimum wage. The Court said that a minimum wage requirement was capable of constituting a restriction within the meaning of Article 56 of the TFEU (the prohibition on restrictions on freedom to provide services). In reaching its judgment the Court said that a measure under national legislation which sets a minimum wage on contractors or sub-contractors of a tenderer established in another member state, where minimum rates of pay are lower, constitutes an "additional economic burden that may prohibit, impede or render less attractive the provision of their services in the host member state." Maybe the SNP advice was correct in this instance. Link to comment Share on other sites More sharing options...
strichener Posted October 21, 2014 Share Posted October 21, 2014 Yet Boris Johnson had no such issue. Be bold, hope over fear etc. Boris wasn't passing legislation. I don't know how many times I need to state this before it finally sinks in. Link to comment Share on other sites More sharing options...
Confidemus Posted October 21, 2014 Share Posted October 21, 2014 Oh dear. Banterman, like so many No voters, has only reappeared since No won and has spent that time since then talking pretty much utter shite. I'm sure he'll be along in a second, all hurt, asking for evidence of how he's been talking shite. Link to comment Share on other sites More sharing options...
banterman86 Posted October 21, 2014 Share Posted October 21, 2014 Legislation you say? Here is the STUC on it http://stucbetterway.blogspot.co.uk/2014/03/the-living-wage-and-eu-procurement-law.html "So, to return to an important point. Not only, would the Scottish Government have a strong case, but it is very hard to imagine the circumstances in which its case would be tested by a commercial company in court. "It is for these reasons that I am tempted to conclude that there are other considerations, chiefly financial ones, which are at play here. That’s a debate we should be prepared to have openly rather than relying on a single and questionable interpretation of EU law." Link to comment Share on other sites More sharing options...
Baxter Parp Posted October 21, 2014 Share Posted October 21, 2014 Hint - the SNP are not for the living wage "across the board" if they voted against it's delivery to a certain section of workers earlier this year Utter bollocks, either read the posts, take on board what they say or shut the f**k up. Link to comment Share on other sites More sharing options...
banterman86 Posted October 21, 2014 Share Posted October 21, 2014 Oh dear. Banterman, like so many No voters, has only reappeared since No won and has spent that time since then talking pretty much utter shite. I'm sure he'll be along in a second, all hurt, asking for evidence of how he's been talking shite. Actually, i've had some very enjoyable chats on some issues - primarily devolution and this issue of the living wage. I have not once seen you have a discussion of genuine substance, which is a pity, as I'm sure you have some ideas about how to make this country of ours a better place. Link to comment Share on other sites More sharing options...
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