Strikes (Minimum Service Levels) Bill

Debate between Baroness Chakrabarti and Lord Collins of Highbury

Committee stage
Thursday 23rd March 2023 Lords Chamber

[Lord Collins of Highbury (Lab)]

This is going to be relatively easy to deal with, because the Minister has already given us an answer on the previous group. Actually, the answer he gave us is the reason I have separated out this amendment—I think it reflects something else that committees of this House have been extremely concerned about, certainly in the two reports that my noble friend Lord Hendy referred to earlier. When our Delegated Powers and Regulatory Reform Committee reports, it reports in a timely way that ensures that when Parliament and this House consider legislative proposals, we are informed. That information is also governed by the Government’s response.

The Bill has gone through the Commons stages with very little scrutiny and lands up here. We have three detailed reports on this piece of legislation, all of them fairly critical, as in paragraph 23 of the Delegated Powers and Regulatory Reform Committee report. There is only one example of what a minimum service level might contain, which is the service in the transport sector, so everything else has been completely ignored. There are no examples; there is nothing we can assess to see how these powers we are being asked to give to Ministers may be used. The Delegated Powers Committee’s response is that if they do not tell us, we should not give them the power. When are the Government going to properly respond? I insist that they respond as quickly as possible, well before any sort of timetabling for Report. It is fundamental to our democracy that the Government respond to the requirements of Parliament. It is outrageous that they have not done so already. I beg to move.

[Baroness Chakrabarti (Lab)]

My Lords, this is neither a wrecking amendment nor a probing amendment; it is a most reasonable amendment. Why? Because some of us who have constitutional concerns about skeleton Bills and Henry VIII powers do so because, even with affirmative procedure, Members of Parliament and Members of your Lordships’ House are not able to amend secondary legislation, unlike Bills. The ability to improve the legislation just is not there. If that is going to be the case here, because we cannot persuade Ministers that these matters, if necessary in extremis, should be dealt with in primary legislation, what are we going to do instead?

If there is to be any possibility of improving minimum service level agreements and the regulations that impose them, there needs to be a statutory amount of time on the face of the primary legislation so that parliamentarians, while they will not get the process they get when a Bill goes through Parliament, will know that they will have at least a month to look at what is proposed and then try to speak to Ministers, write to Ministers and raise questions in each House. That, in some small way, would be an attempt to compensate for the fact that this is not primary legislative procedure with the ability to table amendments, divide the House and so on. This seems totally reasonable to me and a constructive amendment in the face of these Henry VIII powers that have caused such concern to the various august committees and the noble and learned Lords who normally sit with the noble Lord, Lord Hogan-Howe—he is a bit lonely at the moment. It is totally reasonable.

I cannot understand what the objection could be to just being clear, even if informally, that there will at least be this amount of time to be able to improve the regulations. I think Hansard will record that the Minister, in answer to me on a previous group—it may have been a slip—said that Parliament can improve the regulations. Actually, it cannot, but by this kind of stipulation it could, at least informally, make its attempt.

Strikes (Minimum Service Levels) Bill

Debate between Baroness Chakrabarti and Lord Collins of Highbury

Committee stage
Thursday 23rd March 2023 Lords Chamber

[Baroness Chakrabarti (Lab)]

I am grateful for that gracious response from the noble Baroness. Whatever her motivation, I agree that service users should be included in that list, not least for the reasons set out earlier by the noble Lord, Lord Allan of Hallam.

[Lord Collins of Highbury (Lab)]

One thing that the noble Baroness could read is the original impact assessment for the transport Bill, which said—and I will come back to this point—that there will be an impact on service users because disputes will be longer and industrial relations will be worse. The problem we have had is that that Bill and this Bill had impact assessments there were red-rated. The noble Baroness should focus on that.

[Baroness Chakrabarti (Lab)]

Indeed. The point is that the noble Baroness opposite and I disagree, perhaps, about what the effect will be on service users and others, but the test is necessity and proportionality, as was set out so well earlier by the noble Lord, Lord Allan of Hallam. Whatever the motivations, it is a good addition to the list, in my view.

As for the noble Baroness’s point that this is will all be voluntary and the legislation will not impose anything on anyone, that really does not hold as a matter of law—not least because, as we discussed earlier, the “may/must” point is really significant; it is not hypothetical. It is hugely significant that, when one is a given a power—whether the Secretary of State is given a power to make regulations or an employer is given a power to issue work notices—they must exercise that power rationally. They cannot ignore that they have that power; they will face litigation. That is compounded in this area because the employers may well be contracted by the Secretary of State. The Secretary of State would then have the purchasing power—the significant contractual power as the buyer of the service at one end—and would also wield regulations with the other hand. It is not completely ingenuous to suggest that this is all just helping the discussion and that there is no element of compulsion in it.

Strikes (Minimum Service Levels) Bill

Debate between Baroness Chakrabarti and Lord Collins of Highbury

Committee stage
Thursday 9th March 2023 Lords Chamber

[Lord Collins of Highbury (Lab)]

It is not funny.

[Baroness Chakrabarti (Lab)]

I do not find this kind of deliberate strife—a confected division of our very troubled country—amusing at all, and I look forward if not to the noble Baroness’s response then to that of the Minister in due course.

Elections Bill

Debate between Baroness Chakrabarti and Lord Collins of Highbury

Lords Hansard - Part 2 & Committee stage
Thursday 17th March 2022 Lords Chamber

[Baroness Chakrabarti (Lab)]

My Lords, I am not an expert on dining clubs, working men’s club or gentlemen’s clubs. Sadly, in these days of the pandemic, even nightclubs are a distant memory.

[Lord Collins of Highbury (Lab)]

Not for me.

[Baroness Chakrabarti (Lab)]

I will get advice from my noble friend on that afterwards.

I am concerned about third parties campaigning in a free democratic society and unintended consequences. My background is as a human rights campaigner, on civil liberties and civil rights in particular. In my experience the nature of those campaigns is that you are always having to side with the opposition of the day—not just the Labour Party but any opposition of the day. Just google me and you will find lots of reasons for my noble friends to be cross with me. I am not expressing hurt feelings on behalf of the Labour Party on this occasion. I am concerned about the ability of human rights organisations and civil society to function in the future, regardless of who is in power.

While I commend the sentiment behind these amendments, I worry about whether the fundamental problem that they attempt to respond to is the one touched on by my noble friend Lord Collins in the last group, which goes back to PPERA itself: the concern about what joint campaigning is and how one is touched by these third-party controls. I totally understand successive Governments’ concerns about third parties who are proxies for political parties in a way that we have seen in other jurisdictions, where one sees even TV commercials funded by so-called civil society organisations that are proxies for political parties. That drives a coach and horses through any kind of regulation, and I understand that, but, at the same time, as someone who was the director of the National Council for Civil Liberties in 2014 when the legislation came in, I can testify about the chronic anxiety that it caused among civil rights organisations that were really not party political in any sense that would be understood in this place or the other place.

I support the instinct behind the amendments. The Minister has been so kind as to say that he wants to drill down a little more before Report. In whatever time is available in his discussions, I ask him to bear in mind that there are ongoing anxieties about that fundamental problem. It is wonderful to have guidance, but, as we always do with legislation when there are ambiguities and concerns, we say, “Well, we’ll have this regulator who will help. We’ll have this guidance that will help after the fact”—whereas, if we are really talking about rights, freedoms and the constitution, ideally we would have sufficient clarity in the primary legislation itself.

We have heard from trade unions, with their particular link with the Labour Party, but we could be talking about all sorts of charities, NGOs or grass-roots campaigns, from the Countryside Alliance to Liberty, which I worked for. I listened carefully to the Minister on the previous group. This is not about climate catastrophe or poverty—except “It isn’t until it is”. It is not an issue until it seems to be the biggest issue of the day and people think that it is then capable of toppling a Government or making an opposition party. I am looking for that level of comfort and—the word has been used a number of times—clarity, not in just for future guidance but in current law.

[Lord Collins of Highbury (Lab)]

My Lords, I welcome this. I recall the days when the noble Lord, Lord Mann, was telling general secretaries what they could and could not do. There were occasions in meetings where he was the bad cop and I was the good cop—I do not think that things have changed much, really.

The noble Lord talked about clarity and my noble friend Lord Blunkett talked about certainty. That is the nub of this, and I support the proposals of the noble Lord, Lord Hodgson. It is not that I do not trust the Electoral Commission or what it may or may not do; it is because the current system relies on guidance that could change overnight and is not certain. My trade union colleagues behind me know that statutory codes of practice are often used as a way of creating certainty, to ensure that there is a clear defence, as the noble Lord, Lord Hodgson, put it. So the noble Lord and my noble friend Lord Blunkett are therefore absolutely right.

There is a problem at the moment with the regulation, and because there is doubt and uncertainty, the result is “Don’t do it” and inaction. Therefore, this sort of proposal, where we create a statutory framework that could be properly scrutinised—again, I support that— would create clarity and certainty, and therefore encourage civil society to participate in our democratic process. So I support the noble Lord.