THE constitutional fog has been a distraction from the many challenges facing the people of Scotland, in particular how we create decent living and working standards, address poverty and fund our public services. 

It has allowed both the Westminster and Scottish governments to abdicate responsibility and point the finger of blame at each other. 
The decision of the UK people to leave the EU, followed by the unfolding debate about what powers get repatriated to the Scottish Parliament, is just the latest complication in the constitutional saga. 

The folly of the Westminster government in not automatically repatriating all powers to the Scottish Parliament in the event of Brexit has ignited the blame game once again.

The political flux does however present us with an opportunity to stake out our ground. Those of us in the trade union movement should be transfixed with the political change required to deliver the fair, equal and socialist vision of Scotland we wish to see. 

For too long the Scottish government has used constitutional wrangling as an excuse for inaction or procrastination despite our Parliament having far-reaching powers. 

While it is a truism to state that employment law is presently not devolved to Scotland, the governance of the public sector in relation to local government, education and health services is devolved.

The Scottish Parliament and local government have wide ranging competencies directly and indirectly affecting the private sector also such as procurement, licensing, planning, investment grants, infrastructure and skills. 

In fact, action on zero-hours contracts and bogus self-employment, particularly in public services and publicly awarded contracts, the application of the Scottish Living Wage in public contracts and ethical criteria applied to investment grants awarded to private-sector companies could already be enforced. 

Yet the Scottish government has chosen to be weak and ineffective in all these areas.

In the context of Brexit, there is now an even stronger case for ending the debate about which employment, skills and apprenticeship powers reside at Westminster or Holyrood. All powers pertaining to these areas should be devolved. 

This must encompass health and safety, union recognition, industrial action and consultative rights in relation to factory closures. 

We believe that protection for workers can be strengthened by a fundamental transformation of the powers and responsibilities of the Scottish Parliament. 

People should be under no illusions that our employment and human rights are now being targeted by the Conservative government, under the cloak of Brexit.

In recent weeks Scotland has also witnessed a spate of factory closures. Thousands of direct and indirect jobs have gone or remain on life support at plants such as Pinney’s in Annan, Two Sisters in Cambuslang, Lamberts in Paisley and Crummock’s in Midlothian. 
The consultation period regarding factory closures before redundancies take effect was reduced from 90 to 45 days in 2013. 

The position leaves minimal time to bring forward alternative plans or seek other investors to save these workplaces. Surely all of us can agree that this position should be different and the way to achieve this is through devolution of these responsibilities.

For as long as Scotland remains part of the UK, our nation must move towards a clear position rather than an incremental approach to more powers.  

As the Westminster and Scottish governments continue to outline their respective positions on the unfolding negotiations with the EU, those of us who believe in the need for a far-reaching package of reforms in Scotland must speak out for that cause.

It is time to be bold, for the sake of not only Scottish workers, but for all workers who live in our nations.
 
Pat Rafferty is Unite the Union Scottish secretary.