Draft Important Public Services (Health) Regulations 2017
Draft Important Public Services (Border Security) Regulations 2017
Draft Important Public Services (Fire) Regulations 2017
(Limited Text - Ministerial Extracts only)
Read Full debateThe Committee divided: - Ayes: 9 / Noes: 7 - Question accordingly agreed to.
The Committee divided: - Ayes: 9 / Noes: 7 - Question accordingly agreed to.
The Committee divided: - Ayes: 9 / Noes: 7 - Question accordingly agreed to.
The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Margot James)
I beg to move,
That the Committee has considered the draft Important Public Services (Health) Regulations 2017.
The Chair
With this it will be convenient to consider the draft Important Public Services (Border Security) Regulations 2017 and the draft Important Public Services (Fire) Regulations 2017.
Margot James
It is a great pleasure to serve under your chairmanship, Mr Bailey.
The Trade Union Act 2016 modernises the UK’s industrial relations framework to better support an effective and collaborative approach to resolving industrial disputes. It ensures that strikes can happen only as a result of a clear positive decision by those entitled to vote. The Act received Royal Assent in May 2016. Today we are debating three statutory instruments that implement a 40% threshold for ballot mandate approval for important public services in the health, border security and fire sectors. As well as the requirement that 50% of union members who are eligible to vote do so, 40% of all eligible members will have to agree with the proposed mandate. That is a robust threshold.
We propose that the 40% threshold for the three sectors comes into force on 1 March. At the same time, we will bring into force a number of other provisions in the Trade Union Act, including a 50% turnout threshold for those who are eligible to vote, as I mentioned; additional information to be provided about the result of any ballot; two weeks’ notice of industrial action to be given to employers; new requirements to manage picketing; and new reporting requirements. That ensures that the key changes to the way official industrial action is decided on and implemented are prioritised and come into effect as a single package.
The purpose of the ballot thresholds is to rebalance the ability of union members to strike with the interests of the general public, non-striking workers and employers. The Trade Union Act takes proportionate action to redress the balance and ensure that unions in those sectors have a democratic mandate before they take strike action. Strike action in important public services in the health, border security and fire sectors can have a significant impact on the public. For example, during the NHS strike action that was taken by health unions in 2014, people with less serious conditions faced lengthy delays for an ambulance, yet that strike had the support of only 11% to 18% of union members.
Neil Gray (Airdrie and Shotts) (SNP)
Yesterday, when we discussed other areas covered by similar instruments, I asked the Minister what direct discussions her Government had had with Ministers in the Scottish Government and other devolved Administrations. Although she could not provide an answer then about direct contact, has she had a chance, 24 hours since, to check up on what consultation has taken place?
Margot James
I can confirm that Ministers in what was the Department for Business, Innovation and Skills did have discussions with their counterparts in the Scottish Government.
As I was saying, strike action in important public services in the health, border security and fire sectors can have a significant impact on the public. That is why we have introduced a 40% approval threshold, which is to apply to important public services such as health, border security and fire, in addition to the requirement for a 50% turnout threshold.
Chris Stephens (Glasgow South West) (SNP)
Have the Government considered that part of the role of public sector workers—because of their role profiles and job descriptions—may be covered under the regulations, whereas some aspects of their work may not be? If so, how do the Government seek to address that with the trade unions?
Margot James
This is not a blanket coverage of every worker and every job description in the public service categories that we are debating. The regulations pertain to listed job descriptions within those important sectors. They do not encompass every single worker; they encompass workers whose work has a direct impact on the public in those sectors. If the hon. Gentleman wants a more specific answer on exact job categories, I can provide that, but not at this juncture.
During the passage of the Trade Union Bill last year, the Government consulted on the services within the public service categories set out in the legislation that should be subject to the 40% threshold and on how the threshold should operate in practice. We analysed more than 200 responses, reviewed the available evidence on the impact of strike action across different public services and listened to stakeholders’ views. The Government response to the consultation was published in January last year, when we also published the draft regulations. The substance of those draft regulations was discussed in Parliament during the passage of the Trade Union Bill. The regulations limit the application of the threshold to those services in the health, border security and fire sectors where there is the most compelling evidence of the impact of strike action. The regulations will ensure that the scope of strike action is proportionate.
What does that mean for the sectors affected? The pressing social need that we are addressing in the health sector is the risk to life or injury to the public in the event of industrial action. We have therefore focused the impact of the threshold where reduced service levels can have the most immediate impact on the lives and safety of patients and the public. That is why the regulations cover emergency and urgent health services. That includes—this goes some way to responding to the hon. Member for Glasgow South West’s question— ambulance staff, accident and emergency medical staff in hospitals, services that are provided in high-dependency units and intensive care in hospitals, and psychiatric, obstetric and midwifery services provided in hospitals for conditions that require immediate attention to prevent serious injury, illness or loss of life.
In the fire sector, our aim again is to protect the public against the risk to life or injury. In the light of that, we have focused on firefighting services, including co-ordination of the emergency response, because those services are critical to ensuring that fires are dealt with promptly and effectively to protect the public.
Neil Gray
The Minister rightly talks about the protection that workers in these sectors provide for all of us. They risk their lives and dedicate their lives for us on a day-to-day basis in all the sectors we are discussing. Given the dedication, the risk and what they are putting on the line for us, can she explain how the restrictions to the capacity of their right to strike are proportionate?
Margot James
I think I have already explained that, but if the hon. Gentleman requires me to restate it, we are seeking to rebalance the rights of those workers to strike with the rights of the public, particularly in the case he mentioned. For patients facing critical illness or emergencies, those two rights have to be balanced, and that is what the legislation is all about.
In the Border Force, we are addressing the significant risks to public safety in the event of disruption to border controls. We have focused on services in respect of the entry and exit of people and goods, as those are central to the carrying out of checks and to preventing illicit commodities and other threats to our security from entering the country.
Members of the public will agree that strikes in those important public services should take place only when there is a strong level of support and a justifiable mandate. I hope I have reassured Members that the regulations are justified and proportionate to our objective.
Stella Creasy (Walthamstow) (Lab/Co-op)
The Minister talks about balancing the rights of the public against the rights of people in employment to withhold their labour. Over the past decade, we have seen a decline in the number of days taken in industrial action. None of these powers has been necessary. Before she finishes, will she tell us what assessment the Government have made of whether there are alternative, more constructive ways of resolving their concerns, which do not restrict people’s right to withhold their labour when they feel under pressure?
Margot James
I will deal with the hon. Lady’s points in this way. Working days lost vary from year to year. For example, 170,000 working days were lost to industrial action during 177 stoppages in 2015. That number was less than some recent years and more than others, but I think most people would agree that that is a significant amount of time lost to strikes. The point is that this measure is not at all designed to attack a person’s right to strike. It is designed to ensure that, when the right to strike is exercised, it has a strong and democratic mandate from the people who vote for strike action.
Michael Gove (Surrey Heath) (Con)
I declare my interest as a former member of the National Union of Journalists. Following on from the intervention of the hon. Member for Walthamstow, is it not the case that the declining overall number of days lost to strikes over the past six years is a reflection of the faith that most working-class people have in the effective and competent stewardship of the economy by Conservative Chancellors of the Exchequer?
Stephen Timms (East Ham) (Lab)
Of course, it was a Labour Government who presided over the reduction that my hon. Friend the Member for Walthamstow drew attention to. Will the Minister tell us when was the last time that there was industrial action in the Border Force?
Margot James
I am afraid I cannot tell the right hon. Gentleman that, but I will certainly seek out that information.
Stephen Timms
The Minister certainly has not convinced me that these regulations are necessary. I am not aware of industrial action in the Border Force, and I wonder whether there is a real problem here or whether these regulations are unnecessary.
Margot James
I do not know whether that indicates that the right hon. Gentleman sees the need for the regulations for the health service and fire workers—perhaps he does, and to that extent I am encouraged. I will get the information about the Border Force for him, but the regulations were introduced in recognition of the very serious nature of any threat of industrial action in the border services and make provisions as a preventive measure, at the very least.
Surveys taken during the consultation indicate that the public agree with our proposals. There was, of course, a manifesto commitment.
Margot James
I will not give way for a third time. I will make some progress.
Before I conclude, I would like to address the Secondary Legislation Scrutiny Committee’s comments on the regulations. In relation to the three regulations on the 40% threshold, the Committee pointed out that the Government committed to issue guidance to clarify which workers will be captured by each of the important public services listed in order to assist unions and employers when they are assessing how a ballot should be conducted. Its view was that the need for such guidance raises a question about whether the regulations are sufficiently clear and understandable by those affected. Furthermore, it regretted the fact that the Government failed to publish that guidance in early December when we laid the draft regulations before Parliament.
I am grateful for the Committee’s scrutiny, and I can confirm that the Government have now published guidance to provide advice to unions on applying the 40% threshold in practice and on examples of workers who will be covered by each of the regulations. In drafting the guidance, we engaged with key stakeholders affected by the provisions to understand how the guidance can be most helpful. We listened carefully to their views and reflected them in the guidance. The Government believe that the regulations are proportionate, and I commend them to the Committee.
Margot James
I thank hon. Members for their contributions. Positive industrial relations are the backbone of a productive economy, and the Government believe that trade unions can play a constructive role in maintaining such relations. The Government are equally clear that modernising reforms were required to ensure that strikes only happen as a result of a clear, positive decision. The regulations implement the provisions of the Trade Union Act in relation to the 40% threshold alone. A number of specific points have been raised, which I will go through as quickly as I can. First, the shadow Minister mentioned e-balloting. That review, under the chairmanship of Sir Ken Knight, should be published by December this year. I trust that the hon. Lady, bearing in mind that these provisions will not be implemented until 1 March, will not think that that is too long. In answer to the right hon. Member for East Ham, the last strike to take place in Border Force was in October 2014.
The advice that the Government have is that the provisions are not inconsistent with our international obligations under the European convention on human rights and the International Labour Organisation. That is because they do not undermine the right to strike, but merely redress the balance of rights between people taking industrial action and the public who depend on those vital services.
The hon. Member for Glasgow South West raised the issue of a grey area in some sectors where jobs are covered by these provisions. The alternative would be to take a more blanket approach, automatically including all workers in each of these three sectors, irrespective of the impact of their work on the public, to which Opposition Members would probably object even more. The Government have consulted on the distinctions between different groups of workers in this context and have provided guidance, which I trust unions and employers will find useful.
I cited in my opening remarks a strike that would have been averted had this legislation been in place—the strike by health unions in 2014. If the right hon. Member for East Ham wants another example, I draw his attention to a strike by the NUT in 2014 that led to the closure of 3,000 schools. That strike cost children their education and disrupted the lives of many parents on a turnout of just 27%, with the support of just 22% of those eligible to vote. I have explained that the purpose of the 40% ballot threshold is to rebalance the ability of union members in the three sectors under discussion to strike with the interests of the general public, non-striking workers and employers.
The pressing social needs we want to address in these regulations are to ensure the maintenance of public safety and security and the protection of life. Strike action in important public services in the health, border security and fire sectors can have a significant impact on those social needs. The regulations support the Government’s commitment to delivering a modernised industrial relations framework, better to support an effective and collaborative approach to resolving industrial disputes. I believe they are fair and appropriate, and I commend them to the Committee.
Margot James
I think I have dealt adequately with the points made, particularly on discussions with the Scottish Government, so I will not respond further, Mr Bailey.
Question put.