Strikes (Minimum Service Levels) Bill

Debate between Baroness Chakrabarti and Baroness Bloomfield of Hinton Waldrist

Committee stage
Thursday 23rd March 2023 Lords Chamber

[Baroness Bloomfield of Hinton Waldrist (Con)]

I repeat at the Dispatch Box that under the Bill it is a statutory discretion and not a statutory duty for employers as to whether to issue a work notice. It is a matter for the employer to consider any contractual or other legal obligations it has in taking this decision.

We of course hope that all employers will want to apply minimum service levels where they are needed. In reference to the point made by the noble and learned Lord, Lord Thomas of Cwmgiedd, I say that, before making minimum service level regulations, government departments need to consult on the appropriate minimum service for their sectors. This will enable detailed evidence to inform the development of minimum service levels in specific services. This includes understanding the differences between services in each sector across Great Britain and the implications for setting minimum service levels. We will continue to engage with the devolved Governments on the geographical scope of the regulations.

The noble Lord, Lord Collins of Highbury, is correct that of course we would rather have a negotiated agreement on minimum service levels. I also reiterate, in response to the question from the noble Baroness, Lady Finlay, on why my noble friend was shaking his head, that we think there has been a misunderstanding. There is no statutory duty but, as I said, rather a statutory discretion under the Bill for employers to issue work notices.

[Baroness Chakrabarti (Lab)]

Does the Minister understand the concern and the problem? “May” can become “must” if someone sues an employer for not having issued work notices, on the basis that the Secretary of State took the view that a minimum service level requirement should be there but the employer chose not to issue work notices but to carry on negotiating, et cetera, and a third party then challenges that discretion and the more gentle decision made under it. That is how “may” can become “must”, and that means litigation, cost and more aggravation. I believe that this is the concern that was expressed by the noble Lord on the Liberal Democrat Front Bench last time and put so eloquently today by the noble and learned Lord.

[Baroness Bloomfield of Hinton Waldrist (Con)]

I hear and understand the noble Baroness’s concerns, but I default to the Government’s position: the Bill gives only a statutory discretion, not a statutory duty, to the employer on whether to issue a work notice.

Covid-19: Vaccines and Further Variants

Debate between Baroness Chakrabarti and Baroness Bloomfield of Hinton Waldrist

Wednesday 23rd March 2022 Lords Chamber

[Baroness Chakrabarti (Lab)]

My Lords, the Minister was so right to say that the best way to fight variants is to defeat the virus worldwide. I am grateful for what she said about donations but, in the scale of things, they are a drop in the ocean. Can she update the House on the Government’s position in the current negotiations at the WTO around the TRIPS waiver and can she say whether, in the negotiations with the drug companies that she referred to, we are using our leverage to ensure that they share their know-how with countries in the global South that could produce generic vaccines for their populations?

[Baroness Bloomfield of Hinton Waldrist (Con)]

I can confirm that all those questions are considered in the round with the vaccine manufacturers we are in discussions with. As to the noble Baroness’s initial question, I shall write.

Ecocide

Debate between Baroness Chakrabarti and Baroness Bloomfield of Hinton Waldrist

Wednesday 21st July 2021 Lords Chamber

[Baroness Bloomfield of Hinton Waldrist (Con)]

I know that the noble Baroness has a lot of support on this issue around the House, but the UK will use its COP 26 presidency and all the leadership positions it holds to continue to demonstrate global leadership on climate and nature. Of course I will relay her comments to the Italian conference tomorrow. It is not possible to limit global temperature rises to 1.5 degrees without radical action on nature; I think we all agree on that. Our presidency will seek to drive action to protect and restore ecosystems, and to invest in sustainable agriculture throughout the world.

[Baroness Chakrabarti (Lab) [V]]

The Minister replies in her characteristically generous tone, but although I share her concerns about the functionality of the International Criminal Court, does she agree that it is worth exploring this new offence domestically and internationally? Grave offences are about not just enforcement but setting the tone for the kind of society we want to live in and operating as a deterrent. In this context, they could be a significant deterrent against corporates that ignore the grave catastrophe facing all of us for the reasons agreed.

[Baroness Bloomfield of Hinton Waldrist (Con)]

I agree with the noble Baroness that we have to drive this forward. I know that an international group has recently defined ecocide, but I say again that the UK is a key player in all the multilateral forums focusing on tackling climate change. The significant amendment that would be required to establish a crime of ecocide is not only likely to distract from reform of the international court. It would also be extremely difficult to secure the agreement of all state parties and could occupy international negotiators for many years, which is why the UK is concentrating on what we can do domestically and to influence international parties.