Strikes (Minimum Service Levels) Bill

(Limited Text - Ministerial Extracts only)

2nd reading
Monday 16th January 2023 Commons Chamber

[The Secretary of State for Business, Energy and Industrial Strategy (Grant Shapps)]

I beg to move, That the Bill be now read a Second time.

The Government firmly believe that the ability to strike is an important element of industrial relations in the UK. That ability is rightly protected by law, and we understand that an element of disruption is likely with any strike. However, we also need to maintain a reasonable balance between the ability of workers to strike and the rights of the public, who work hard and expect the essential services that they pay for to be there when they need them. We must be able to have confidence that when strikes occur, people’s lives and livelihoods are not put at undue risk. As has become clear from recent industrial action, that is not always the case, so we need a safety net in place to ensure that the public do not become collateral damage.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

Will the Secretary of State give way?

[Grant Shapps]

I will make a little bit of progress first. Right now, up and down the country, households are struggling with the repercussions of high inflation caused by covid and Putin’s invasion of Ukraine. The UK is not alone in feeling the pressure, which is also felt by many other countries, particularly within the European Union. Recently, the Prime Minister outlined the Government’s priorities: to build a better, more secure and more prosperous future, one that this country and our workforce—public or private—fully deserve. By halving inflation, growing the economy and getting debt down, we can ensure that our vital public services are fit. As the Government get on with those priorities, we also have a duty to protect access to vital public services which, let us not forget, the public are paying for through taxation.

[Jim Shannon (Strangford) (DUP)]

Secretary of State, I believe in the fundamental right of a worker to withdraw their labour, whether that happens to be from an employer or against the Government. I understand that at this time many people feel the same, and for those who are toying with this idea, let me say that the ambulance service, nurses and doctors, for example, have been able to ensure that there was an emergency service. Do the Government really believe that withdrawing the right of a worker to withdraw their labour is what they are about?

[Grant Shapps]

I always think that people think very carefully about this issue, and they are right to do so. We are operating within the context of a crisis in global growth. The International Monetary Fund states that a third of the world will be in recession this year, caused by Putin’s illegal invasion of Ukraine—[Interruption.] I am surprised to hear Labour Members yawning and moaning. Putin invaded Ukraine—[Interruption.] What Labour Members do not seem to realise is that what then happened to energy prices caused a crisis that has put up inflation throughout the western world.

[Steve McCabe]

rose—

[Grant Shapps]

I will just make this point because I think Labour Members may find it useful. Those prices going up throughout the rest of the world, including here, has also pushed up wage claims. But I do not think we should get into a 1970s spiral, where we end up with higher wage claims and higher wage settlements, with higher wage claims and inflation continuing for ever. That is a cycle we must break. Clearly, if we were to meet all the inflation busting demands of the unions, that would make life harder not only for some but for every single family in this country. That is why we cannot do that. The Government are therefore absolutely clear: we want constructive dialogue with the unions, and the public have had enough of the constant, most unwelcome, and frankly dangerous, disruptions to their lives.

[Richard Burgon (Leeds East) (Lab)]

I thank the Secretary of State for giving way. Last week, Human Rights Watch warned that

“fundamental and hard-won rights are being systematically dismantled”

in the UK. Is this anti-strike legislation part of the danger that Human Rights Watch is warning about?

[Grant Shapps]

The International Labour Organisation itself says—I will cover this shortly in my speech—that it is perfectly proper to have a balance between minimum service levels and people’s right to strike. I support the ILO in saying that; I absolutely agree it is right. I note, however, that the hon. Gentleman did not mention the fact that he has received £94,000-plus from unions. Now, I have no issue with him receiving that money from unions—I do not think that we should have taxpayer-funded political parties in this House—but I think it is only right that when Opposition Members stand up, they reflect what is on their records, which is that they have received a lot of money from unions and now seek to represent them in the debate.

Millions of people who rely on essential transport to get to work or to family commitments now every day have the extra stress of worrying about making alternative, sometimes costly, arrangements because of the forever strikes. There are those who, at the most terrifying time of their lives—perhaps with a poorly loved one—do not know whether an ambulance will arrive, because the unions have refused to provide a national safety net. [Interruption.] I hear the barracking and understand that Opposition Members do not want to hear what people throughout the country are feeling, but it is a fact that when strikes are on and ambulances are unable to find out from their unions whether they will operate, that is an additional concern for members of the public—including Opposition Members’ constituents, whom they seem rather not to care about in this case. I am surprised about that.

[Several hon. Members rose—]

[Grant Shapps]

I will make a little progress.

Then there are children, who are desperately trying to catch up on the lost learning—

[Karl Turner (Kingston upon Hull East) (Lab)]

Will the Secretary of State give way?

[Grant Shapps]

I will give way shortly; I will make a little bit of progress.

Those children are desperately trying to catch up on learning that they missed throughout covid, and again they are unsure about whether they will be able to get to school. There are also the businesses throughout the land whose sales and productivity are suffering. They are terrified that, at a time of high inflation, their livelihoods are at risk along with those of their employees.

[John Redwood (Wokingham) (Con)]

Could the Secretary of State give us a little more indication of how he will consult on and agree minimum standards in the railway industry?

[Grant Shapps]

I will set out in a bit more detail the way in which the legislation will work in a while, but, briefly speaking, secondary legislation by regulation will be used in each individual sector to come to the right balance. I will explain that in more detail, if my right hon. Friend is patient.

[Several hon. Members rose—]

[Grant Shapps]

I will give way in just a moment. I have already taken more interventions from Opposition Members than from Government Members.

I think it is true to say that there comes a time when we cannot let such a situation continue. That is why we need minimum safety and service levels to keep livelihoods and lives safe. It is frankly irresponsible, and even surprising, for the Opposition to suggest otherwise.

[Karl Turner]

I am grateful to the Secretary of State for giving way. He wants to talk about minimum safety levels. The reality is this: after 12 years of a Tory Government, minimum safety no longer exists in our NHS. A paramedic contacted me directly at the weekend to say that he had begun his shift at 7 am expecting to sign off later that evening, and spent the entirety of that shift sitting outside Hull Royal Infirmary because there was no bed available for his patient, whose life he had saved. There is not any safety in the NHS as a result of the Tory Government. The Secretary of State needs to acknowledge that before we move on to discuss anything else.

[Grant Shapps]

I am surprised by how the hon. Gentleman, who normally speaks a lot of sense in the House, put his point across. Yes, of course it is the case that the NHS has been under unbelievable stress, not least because of two years of covid and all the backlog that has been created. It is worth reminding Labour Members that, had they had their way, we would have been in lockdown for a heck of a lot longer and those cases would have been even worse. I do not follow the logic of his argument. He seems to be arguing that just because there are times of danger, we ought, by design, to enable a system that prevents unions in the ambulance service from telling the NHS when ambulances will be there and what the minimum service would be. That is the issue that we seek to address today.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

If this is all about safety, why is the word “safety” not used once in the Bill or its explanatory notes?

[Grant Shapps]

It is fairly obvious to say that a minimum service level in railways, for example, is about people’s livelihoods rather than safety, but that the NHS and the ambulance service not agreeing nationally is a minimum safety level issue. I would have thought that was pretty straightforward.

[Several hon. Members rose—]

[Grant Shapps]

I will just make a little bit of progress.

The Bill will ensure that we protect the ability of workers to take industrial action, but that we also protect the public from disproportionate disruption to their daily lives and that, to put it simply, one person’s right to strike does not infringe on someone else’s right to life and limb.

[Several hon. Members rose—]

[Grant Shapps]

There is an array of riches. I will give way to the hon. Member for York Central (Rachael Maskell).

[Rachael Maskell (York Central) (Lab/Co-op)]

I refer the House to my entry in the Register of Members’ Financial Interests. The Secretary of State has never negotiated a minimum service agreement in the NHS. I have. The Secretary of State is completely fabricating what happens. It is the trade unions who work with the staff and the employers to put a safe agreement—

[Rachael Maskell]

Thank you, Madam Deputy Speaker, for your guidance. I will rephrase what I was saying. The reality is that safe agreements are negotiated between the staff and the employers. That happens on the ground; the process and the outcomes protect the NHS, because that is what staff want to do. Will the Secretary of State ensure that he reflects the truth of what happens in the NHS?

[Grant Shapps]

I would just say to the hon. Lady, who I know has received money from GMB, the National Union of Rail, Maritime and Transport Workers, Unite the union, CLP among others—nothing wrong with that; I am just putting it on the record—that she is wrong factually about the way the last two strikes, last week and in December, occurred.

[Sir Chris Bryant (Rhondda) (Lab)]

rose—

[Grant Shapps]

I am actually answering the hon. Gentleman’s colleague’s point. One at a time.

The way that ambulance strike worked was that the NHS was unable to find out in advance from the ambulance unions where and when, nationwide, cover would be provided. It is the NHS that said that, not the Government. As a result, the NHS has not been able to put the appropriate level of cover in place in advance. If by chance we are wrong about that, there is a safety mechanism in the Bill for that. Although we are taking primary powers, should Parliament so decide, we have said we do not want to use them if voluntary arrangements can be made. I refer Opposition Members to the voluntary arrangements—

[Several hon. Members rose—]

[Grant Shapps]

Let me finish the first point and move on with the speech.

I refer Opposition Members to the voluntary arrangements that were successfully made with the Royal College of Nursing, which did provide a national guarantee. In that case, it would not be necessary to put the measures in place.

[Several hon. Members rose—]

[Grant Shapps]

I hope the House will appreciate that there are a lot of people who want to contribute. I want to give people the opportunity to do that in their own speeches. [Interruption.] If Members do not mind, I will turn to the detail of the Bill.

The Bill establishes a legal framework to implement minimum safety and service levels during periods of strike action. It will achieve that by amending existing legislation, the Trade Union and Labour Relations Concili —[Hon. Members: “Consolidation”] Thank you folks. The Trade Union and Labour Relations (Consolidation) Act 1992. I was trying get the word “conciliatory” in there for Opposition Members. The legislation will allow regulations to be made to ensure that specified services cannot shut down completely when workers strike. That is to maintain crucial and, in many cases, life-saving services. The relevant sectors specified in the proposed legislation are: health services; fire and rescue services; education services; transport services; decommissioning of nuclear installations and management of radioactive waste and spent fuel; and border security.

[Joanna Cherry (Edinburgh South West) (SNP)]

Can the Secretary of State help me with this? The human rights memorandum that accompanied the Transport Strikes (Minimum Service Levels) Bill last October stated specifically that the Government’s legal advice was that it is not justifiable or necessary in a democratic society to have such restrictions in emergency and patient care services, in fire and rescue, or in education—only in transport. That does not appear in the human rights memorandum that accompanies this Bill. Has the Government’s legal advice changed or have they just changed their mind for reasons of political convenience?

[Grant Shapps]

The hon. and learned Lady must surely have noticed that we have subsequently had disruption in the NHS, including in the ambulance service. What has happened in that disruption is that although the nurses have very sensibly provided a national level of safe service, unfortunately the same has not happened in the ambulance service. That is why this legislation is required in other areas at this time.

[Joanna Cherry]

rose—

[Richard Graham (Gloucester) (Con)]

rose—

[Grant Shapps]

I have given way once to the hon. and learned Member for Edinburgh South West (Joanna Cherry), so I give way to my hon. Friend the Member for Gloucester (Richard Graham).

--- Later in debate ---

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Before the Secretary of State answers the hon. Gentleman, I remind the House that it is important that we use moderation in our language and that we do not impugn the motives of others. That is not how we want the debate to continue. It is an important subject, so let us try to introduce moderation into our discussion.

[Grant Shapps]

My hon. Friend the Member for Gloucester is absolutely right about the reason for requiring minimum standards.

[Amy Callaghan]

Will the Secretary of State give way?

[Grant Shapps]

I will in a moment, if I can make a little progress.

Using the powers proposed in the Bill, regulations will set out the specific services within each sector in which a minimum level of service will be applied; they will also set out the levels themselves. Those regulations will be tailored to each relevant service, taking account of the different risks to public safety or the impacts on daily life and on the economy. The Bill is clear, however, that such regulations may be made only after appropriate consultation and the approval of both Houses. Of course, the Government may choose not to use the regulation-making powers in the Bill if adequate voluntary agreements, where necessary, are already in place between employers, the relevant sectors and the relevant unions.

[Amy Callaghan]

I thank the Secretary of State for acknowledging my presence in the Chamber after so many attempts to intervene. Will he now pass comment on the fact that life-and-limb cover already exists in legislation and that the true purpose of this shameful Bill is simply to erode workers’ rights?

[Grant Shapps]

I simply do not accept that point. Although it is true that life-and-limb measures exist, we have seen through the many months of rail closures and the strikes that took place last week and in December that unfortunately minimum service levels in one case, and actually minimum safety levels in another, have simply not been available. I know that Opposition Members do not want to accept this fundamental point, but their constituents’ lives are being put at risk by the NHS’s inability to put the correct cover in place with sufficient notice. They seem to imagine that the Army will just be there at no notice and with no ability to organise which areas of the country it needs to be in. That, I am afraid, is not a practical way to run the—[Interruption.]

[Madam Deputy Speaker]

Order. I cannot hear the answer that the Secretary of State is giving to the question. There is no point in just shouting when he is actually answering the question.

[Grant Shapps]

I suppose the fundamental point is that we hope very much that, in many cases, we will not need to use the powers conferred by the legislation, but we have seen that that will not always be possible.

[Sir Chris Bryant]

I am a member of the GMB. I happen not to have received any money from the GMB, although I would be proud to do so—certainly a lot prouder that I would be of receiving £2.5 million from Lubov Chernukhin. Can the Secretary of State confirm that this legislation cannot possibly be used to sort out the present winter of discontent? If anything, it will make it far more difficult to secure a resolution of any of the individual strikes, and therefore it is just political posturing.

[Grant Shapps]

I think the GMB will have heard the hon. Gentleman’s pitch for some money. If he gets that money, it will join the £120 million that the unions have supplied to the Labour party since 2010.

I make this point only because it is relevant to today’s debate. We must be here to represent our constituents, and our constituents know from paying attention to the recent strikes that when the Royal College of Nursing worked with the NHS, it was able to provide timely assurances at a national level to ensure that the most critical services—including chemotherapy, critical care, paediatric and A&E—were not affected, which shows that even when parties disagree, they can do so in a mature manner. Unfortunately, however, that is not always the case.

During recent strike action by the ambulance service—this has been referred to a couple of times, and I want to read it out because it is written down—the NHS has not been reassured by the relevant union that it can rely on the current system of voluntary local derogation, which I think is what the hon. Member for York Central was talking about earlier. It could not rely on those arrangements to ensure that patient and public services were provided. Last week, and in December, arrangements were being disputed right up to the wire—right up to the last minute—which created uncertainty and left officials with little time to organise contingency measures such as military support. That is the situation that we cannot, in all conscience, allow to continue.

[Charlotte Nichols (Warrington North) (Lab)]

I declare that I am a proud member of a trade union, and was a trade union officer for a number of years before coming here. In fact, I have probably been part of 1,000 or so pay-and-conditions negotiations, all of which were resolved, with employer and employees all perfectly happy with the outcome. That is something that the Secretary of State has been unable to do, whether in relation to the railway or much more widely, which is why we are having this debate. Can he accept that he has failed, and it is time to get the trade unionists into the room and to put this legislation in the bin, where it belongs?

[Grant Shapps]

Let me say this, in fairness to the hon. Lady. It is the case that the employers and the unions, and more recently Ministers as well, have been meeting, and it is also the case that even when there have been ministerial meetings—including in Scotland and Labour Wales—the disputes have continued. So we clearly cannot continue to rely on voluntary arrangements to ensure the safety of the people we represent. After all, strokes and heart attacks do not respect boundaries such as trust borders. I am intrigued to know what Labour Members would say to their constituents, perhaps grieving constituents who have lost loved ones because of some sort of postcode lottery.

[Saqib Bhatti (Meriden) (Con)]

Last week, during my weekly surgery, a constituent asked me why the Labour party was too scared to ask its trade union colleagues to come to the table and negotiate a peaceful resolution—[Interruption.]

[Saqib Bhatti]

I could not figure out why Labour was scared to encourage trade unionists to come to the table. Why does the Secretary of State think Labour is so scared of securing a peaceful resolution of the strikes?

[Grant Shapps]

I think there are 120 million very good answers to that question. We have an opportunity to keep people, their families and their jobs safe during periods of disruption, and that is what we intend to do.

[Several hon. Members rose—]

[Grant Shapps]

I will give way in a moment, but I want to make a little progress first.

The Bill and subsequent regulations are designed to enable employers to specify the workers required to meet minimum safety and service levels during strikes within relevant sectors. This will be done through work notices.

[Nadia Whittome (Nottingham East) (Lab)]

Will the Secretary of State give way?

[Grant Shapps]

As I have said, I will in a moment, but I want to make some progress.

Should a union notify an employer of a strike in accordance with the existing normal rules, the Bill will allow the employer to issue a work notice to the union specifying the workers needed to work during a strike to secure the minimum level of safety and service. Employers will be required to consult the union on the number of workers to be identified in the work notice and the work to be undertaken, and have regard to the union’s views before issuing that work notice.

[Dawn Butler (Brent Central) (Lab)]

Members on the Government Benches seem to think that none of those who are striking lives in their constituencies, which I find quite strange. Will the Minister confirm that, once his words have been scrutinised in this Chamber, if any are found to be misleading or incorrect, he will return to the Chamber and correct the record as soon as possible—preferably by the end of the week?

[Grant Shapps]

I am sure that the normal parliamentary rules apply, so I would never stand here and seek to do such a thing. In the interests of transparency, I will mention the £11,100 that the hon. Member has received from the CLP union in this House—[Interruption.] Sorry, that the CLP received from Unite the union, I should say to satisfy Opposition Members.

Officially, the work notice—[Interruption.] If Opposition Members would let me just explain how this operates—

[Madam Deputy Speaker]

Order. It really is important that we hear what the Secretary of State has to say. It is also important that any reference to donations or payments is accurate.

[Grant Shapps]

I should have referred to what the CLP received from Unite the union. Hon. Members are absolutely right to correct me at the Dispatch Box.

The work notice must not list more people than reasonably necessary to meet the minimum level of safety and service. Employers must have no regard to whether someone is or is not a member of the union—or even the CLP—when deciding whether they need to be included in that work notice. Each employer and union must also adhere to data protection legislation.

[Jeremy Corbyn (Islington North) (Ind)]

I am proud of my union membership, which is recorded in the register of Members’ interests, and I used to be a full-time union organiser. The Minister claims that the public’s existence and lives are at risk because of the disputes. Does he not appreciate that thousands of nurses and other workers are leaving the national health service, and thousands of teachers are leaving their profession, because of stress, low pay and underfunding? That is what is causing a great deal of stress and problems for the public. Instead of reaching for the statute book and trying to legally constrain trade unions from their legitimate action, why does the Secretary of State not address the fundamental causes: poverty pay, stress, bad conditions and inadequate service in all parts of the UK?

[Grant Shapps]

The right hon. Gentleman should note that there are 40,000 more nurses now, and more doctors too. It is important to say that I agree with him, for once, because we are trying to work constructively—as we should—to bring strikes to a conclusion, but we must not do so at the expense of the lives and livelihoods of our constituents. It is not the case that the strikes are always perfectly safe for our constituents. That is why we must act. Unions must take reasonable steps to ensure that members do not participate in strikes if they have been named in a work notice. It is up to unions to ensure public safety and not put lives at risk. Only if they fail to do so could they face civil action in court.

[Several hon. Members rose—]

[Grant Shapps]

I will make a little more progress, because I think that you, Madam Deputy Speaker, would like to hear from other Members, and I have been as generous as possible in allowing interventions.

The Government, unions, employers and workers have a role to play in ensuring that essential services continue even during strikes. That is what we are ensuring. This approach is balanced, reasonable and, above all, fair. Countries such as Australia and Canada have the ability to ban outright those strikes that would endanger lives, such as in some blue-light services. However, this legislation does not seek to ban the right to strike. The Government will always defend the principle that workers should be able to withdraw their labour. In fact, the only time that the right to strike was removed from emergency services was by the Liberal Prime Minister Lloyd George, as part of the Police Act 1919. We do not propose to follow the Lib Dems’ example.

[Vicky Ford (Chelmsford) (Con)]

We are living in a time when democracy and freedom are under threat across the world. The right to strike is an important one. [Interruption.]

[Vicky Ford]

Thank you for clarifying that, Madam Deputy Speaker. The Secretary of State just mentioned that minimum service levels exist in many other countries, including Italy, Spain and France. I do not know whether Opposition Members have ever been to France, but the French have been known to strike. Does my right hon. Friend agree that my Chelmsford constituents should have the same benefits on strike days as those living in France, Italy and Spain?

[Grant Shapps]

My right hon. Friend is absolutely right. There is no reason that her constituents should suffer lesser protection than people who live in other European nations, most of whom are recognised on most days for being particularly pro-union and helpful in their settlements. I cannot see why Opposition Members would object.

[Several hon. Members rose—]

[Grant Shapps]

I will give way in just a moment, but I would like to get through a bit more first.

All that we are saying is that, in certain services in these important sectors, the right to strike must be balanced against the needs of the public to rely on a basic level of life-saving care. The legislation simply brings us into line, as my hon. Friend just said, with many other modern European nations, such as Spain, Italy, France and Ireland. They use minimum service levels in a common-sense way to reduce the impact of strikes. The International Labour Organisation itself states that minimum service levels can be a proportionate way of balancing the right to strike with the need to protect the wider public. That is what we are doing. Our own unions subscribe to and support the ILO, as do we.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

On the claim of minimum safety levels across Europe, is the Secretary of State aware that, according to the OECD, France lost, on average, 112 days per 1,000 workers between 2008 and 2018? Spain lost 76 strike days, and Italy lost 42. Yet the UK lost only 20 strike days. Will the Secretary of State admit that this law is just to ban people from taking the legal action to strike?

[Grant Shapps]

I agree that we have had a good working relationship for the last several decades. The hon. Lady is right to point out that, as a result, over the last two or three decades we have typically suffered fewer strikes than some in continental Europe. As I have explained a number of times, we have seen in recent months a flare-up of strikes that are putting people’s lives and livelihoods at risk. This Government will not stand by and watch that happen.

[Siobhan Baillie (Stroud) (Con)]

There is a lot of focus on in Europe, but I would like to focus on Gloucestershire, where nurses have chosen not to strike. I thank them for that and for all the work they do in Stroud. I see nothing in this legislation that will prevent them from making the difficult decision to strike, or from joining their colleagues in unions. We are protecting those rights. It is the minimal standards that the public needs.

[Grant Shapps]

My hon. Friend is absolutely right. This is about minimum standards. For anyone who cares about the ability to take industrial action and to strike, what we are doing here enshrines that. It does not remove people’s ability to strike, but it prevents union bosses who perhaps are not as reasonable as the RCN from calling strikes that potentially put people’s lives at risk. That is a very different proposition, which I am proud to support.

The Government expect to consult on minimum service levels for ambulance, fire and rail services first. It is expected that these consultations will be published during the passage of this Bill. At the same time as bringing forward the legislation, the Government are doing all they can to continue the discussions that everybody is calling for to ensure that we get a pay settlement with unions that is affordable for the unions, for the country and for the workers paying for it.

[Peter Dowd (Bootle) (Lab)]

As far as I can tell, the Government have ruled out voluntary options 1 and 2 in their assessment, on the basis that they will be ineffective, particularly where unions and employers have major disagreements. The question is: why and how have the Government arrived at that decision now, in advance of the legislation itself?

[Grant Shapps]

It is because we were given adequate demonstration from the recent strikes that unfortunately in some cases the unions involved have not acted in the national interest, whereas others—the RCN, for example—have very much done so. I want to stress what I said at the top of my speech, which is that I do not want us to have to use this legislation if it is not required. We have live strikes going on, so we will be able to see where it is required and where it is not.

[Several hon. Members rose—]

[Grant Shapps]

I feel I have been generous in allowing interventions and it is right to complete my segment so that others can get on and speak.

We are mindful of and thankful for the contribution of public service workers in this country, but where unions insist on disproportionate and sometimes plain unsafe levels of industrial action without informing the NHS, for example, and others, we must take the necessary steps to protect the public.

[Tommy Sheppard (Edinburgh East) (SNP)]

Can the Secretary of State tell the House how many people died in the care of the national health service during the recent periods of industrial unrest who would not have died had the provisions of this Bill been in force at the time?

[Grant Shapps]

The problem, as people will recognise, is that as we do not have a nationally agreed level of coverage—particularly in the ambulance service—it is difficult to know or predict what would have happened if the Army had not stepped in. I know from talking to colleagues and officials that one of the problems was that, because of the late notice and the randomised trust-by-trust agreements, they have been unable to put in a national framework that would mean that it would not matter if you lived in Islington North or somewhere else; you would still get coverage on strike days. We said in our manifesto, and I repeat now, that it is not fair to let trade union leaders undermine the livelihoods of others, and nor is it fair for them to put lives and livelihoods at risk.

[Nadia Whittome]

Does the Secretary of State see the irony in expecting unions to ensure minimum safe service levels on strike days when his own Government are failing to do so on every other day? What does he make of nurses’ reports that staffing levels are in fact safer on strike days because the unions are negotiating appropriate cover compared with non-strike days?

[Grant Shapps]

I did not quite follow the hon. Lady’s point on the railways. The railways on strike days are finding it hard to offer any services at all, even for key workers and the people the Opposition sometimes claim to represent the most, such as the hard-working cleaner or the hospital porter. The people who cannot do their jobs remotely are unable to get to their jobs and they are losing money. They are becoming fed up with the forever strikes where the unions simply will not put the offer to their members in order for the members to have a say. Minimum service levels are important for that reason, and I have covered numerous times why we think minimum safety levels protect people’s lives.

In this Second Reading debate, we are simply asking the unions to tell us when they are going to withdraw their labour so that we can agree a minimum safety level. This is hardly revolutionary stuff. It is just a common-sense safety net to keep the public safe and ease some of the enormous anxiety that they have felt over the last few months. Failing to support the Bill today will mean that Members who oppose this legislation are essentially prepared to put the safety and welfare of their own constituents at risk. I commend the Bill to the House.

[Several hon. Members rose—]

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kevin Hollinrake)]

I am grateful to the hon. Member for giving way. Will she point out where there are any criminal sanctions attached to the proposed legislation? As far as I can see, there are absolutely none. It is important that we do not scaremonger in that way.

[Kate Osborne]

If we attack the trade unions, which are made up of members who are workers, then we are attacking the workers.

The Government’s proposed legislation and the response I just got show the contempt in which they hold working people. The Government do not care about working people. They do not care about our communities who are struggling to survive in the face of unaffordable food and energy bills, and struggling to deal with the cost of living crisis and 13 years of cuts by the Conservative party. We already have the most restrictive workers’ rights in western Europe, and it is an affront to democracy that this Government are trying to restrict them further.

Of course, the Government know that the Bill is not workable. It will be held up in the other place, if it gets that far, and in the courts. They only care about attention-grabbing headlines—about moving the Overton window so the people of this country will accept more and more restrictions on their rights.

Minimum service levels already exist: our NHS teams ensure that priority calls are dealt with, and teachers ensure that special educational needs children are catered for. What we need is for the Government to provide a minimum service level every day. We hear daily of workers struggling to cope with current staffing levels. The Government should be looking at ways to address the NHS staffing crisis, not making it worse.

The Government need to accept that the reason so many sectors are saying “enough is enough” and taking industrial action—we heard the announcement today that the teaching unions will take action, and I send my solidarity to them—is the Government’s failures. The firefighters, NHS staff, transport staff and education staff that the Bill targets are the very people who saw us through the pandemic. If the Bill passes, no doubt the Government will eventually seek to apply the legislation to workers in more sectors. Instead of inflaming the situation, they should start dealing with the causes of increased strike action: low wages, fuel and food poverty, and cuts to public services.

The Bill is part of the Government’s plan to restrict all our rights and to demonise and criminalise those who are just trying to survive. As I said at the start, it is an act of political violence. The Government should do the right thing for the country and withdraw it.

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[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kevin Hollinrake)]

I thank the Members on both sides of the House who have contributed to the debate.

The clear objective of the Bill is to protect the lives and livelihoods of the public by enabling minimum service levels to be applied to our vital public services during strikes. It does not ban the right to strike. It finds the right balance, which was highlighted by my hon. Friend the Member for Gloucester (Richard Graham), my hon. Friend the Member for South West Hertfordshire (Mr Mohindra)—who made some important points about the needs of business—and my hon. Friends the Members for Rushcliffe (Ruth Edwards), for Guildford (Angela Richardson), for Southend West (Anna Firth) and for Meriden (Saqib Bhatti).

Let me turn to some of the other points raised today. Like others on both sides of the House, I pay tribute and express our gratitude to our public sector key workers. That point was raised by my hon. Friends the Members for Sleaford and North Hykeham (Dr Johnson) and for Runnymede and Weybridge (Dr Spencer), who have vast experience of working in the public sector. I have my own personal experience, as my mother worked in the public sector all her life—a life worked to rehabilitate offenders. I am aware of the contribution that public sector workers make to our society.

The deputy leader of the Opposition seeks to blame this Government alone for the challenging times we face, but she seems conveniently to forget that we are still not free from the after-effects of the covid-19 pandemic and Russia’s illegal invasion of Ukraine. I was very interested in a point she raised in her speech, when she said, “We would have resolved this dispute long ago.” At what figure? Would it have been 11% across the public sector? That would have cost the taxpayers of this country £28 billion. That is £1,000 per household per annum. Maybe the leader of the Opposition will reflect on that now that he is here, obviously having had a call from his union paymasters.

Members ask why the Government are focusing on legislating and not resolving the disputes. The Government recognise the pressure of the cost of living on people. That is why we have committed to halving inflation and growing the economy, and why we have provided £26 billion to support individuals and businesses. We are investing billions more in schools, the NHS and social care. All that supports workers.

My right hon. Friend the Member for Witham (Priti Patel) is right to highlight the devastating impact of strikes on the economy—£6 billion, including £2.5 billion of lost income to the hospitality sector alone. That is why Ministers across Government have been meeting unions to resolve the disputes where it is possible to do so.

[Sarah Owen]

The Minister talks about the cost of strike action, but will he agree about the cost of the damage that the previous Prime Minister and the previous Chancellor did to our country and all the taxpayers and workers who we on the Opposition Benches are supporting today?

[Kevin Hollinrake]

I would highlight the downward pressure already placed on inflation, the changes to the money markets following the action taken by our Chancellor and Prime Minister and the stability being delivered through their future plan.

[Barry Gardiner]

Will the Minister give way?

[Kevin Hollinrake]

I will shortly. Ministers across Government have been meeting unions to resolve the disputes where it is possible to do so. It is obviously apparent that unions exist to represent union members. Apparently, from today’s debate, so does the Labour party. The shadow Cabinet alone has received £350,000 since 2019. It is important to reflect on those figures. We need to have the confidence that when workers strike, people’s lives and livelihoods are not put at risk, so we need the power to act. That is why this legislation is needed. The public expect us to act. It is no wonder that YouGov polling for The Times published last week found that 56% of voters support this legislation and only 31% are against it.

[Barry Gardiner]

The Minister will know that under this Bill it is possible for the Government to designate workers to perform under a contract when they have voted to go on strike. Will he at least give an assurance that there will be no attempt by any Secretary of State to designate a union official to break a strike that they have encouraged their union members to be involved in?

[Kevin Hollinrake]

I will deal with work notices later in my speech, but it is clear that it is up to employers to decide what workers are needed on certain days, and there is no discrimination between people who are union members and people who are not. That is very clear in the legislation. Hon. Members have questioned the sectors within the Bill. The sectors in scope of the Bill are justified as these sectors are where strike action causes disproportionate disruption to the general public.

[Mr Gagan Mohindra]

The Minister is making an excellent summing up, as always. Could he reaffirm that public opinion is with this side of the House rather than with the Opposition?

[Kevin Hollinrake]

I think that the polling is very clear. We have heard precious little about what the public think of this. We heard a lot about the impact on public sector workers, but the public themselves are with us on this legislation.

The Government have already announced their intention to consult on the application of minimum service levels for rail, ambulance and fire services. I welcome Members’ questions and suggestions on how minimum service levels will operate in specific services, and I note in particular the helpful contributions from my hon. Friends the Members for Milton Keynes South (Iain Stewart) and for West Dorset (Chris Loder). I look forward to the contribution of key stakeholders and experts during the consultation process. The Government will also engage with the devolved Administrations during the consultation process. The Government have been clear, however, that we may choose not to use the regulation-making powers in the Bill if adequate voluntary arrangements, where necessary, are already in place between employers in a relevant sector.

This legislation also equips employers to manage instances where a worker takes strike action despite being named to work on a strike day. It is at the discretion of employers as to what action, if any, is taken, and we hope that employers are fair and reasonable. The claim that it is a policy of this Government to sack workers is an unfair exaggeration.

I want to touch on the international examples, mentioned in the excellent speech by my hon. Friend the Member for Newbury (Laura Farris). The concept of minimum service levels is not new. They are used all over the world, including in the USA, Canada and a number of European countries including Spain and Italy. We all want to see an end to these strikes.

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

claimed to move the closure (Standing Order No. 36).

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[Mr Deputy Speaker (Mr Nigel Evans)]

No, we still have another two and a bit minutes to run, so I am using my discretion not to accept that.

[Kevin Hollinrake]

In response to questions regarding the consistency of this legislation with the UK’s—

[David Linden]

I beg to move, That the House sit in private.

Question put forthwith (Standing Order No. 163).

The House proceeded to a Division.

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21:58

Division 139

Ayes: 49

Noes: 482

Question put, That the Bill be now read a Second time.

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22:18

Division 140

Ayes: 309

Noes: 249

Bill read a Second time.

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22:31

Division 141

Ayes: 306

Noes: 252

Strikes (Minimum Service Levels) Bill (Money)

--- Later in debate ---

22:43

Division 142

Ayes: 305

Noes: 49