Strikes (Minimum Service Levels) Bill

Debate between Lord Murray of Blidworth and Lord Hogan-Howe

Committee stage
Thursday 23rd March 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

The context for the police is clearly different from that for the fire service, in that the vast bulk of police officers, as described by the noble Lord, Lord Hogan-Howe, are covered by the provisions of the earlier legislation precluding them from striking. As we discussed, this puts them and the force in a different category.

Contingency plans are largely based on the redeployment of police officers to cover operational staff roles. Police officers are of course prohibited from participating in strike action and, therefore, chief constables are able to meet any such obligations under the Civil Contingencies Act. I hope that goes some way to address the points raised by the noble Lord, Lord Hogan-Howe. The Government currently have no intention to add to the sectors covered by the Bill, and any future amendments would require separate primary legislation.

[Lord Hogan-Howe (CB)]

The Minister’s point—that arrangements are being put in place for police officers to backfill—is fair, but there are two problems: if you have fewer and fewer cops who can be in the control room all the time, you have to keep them trained, and then you have to withdraw them from the street, which is a significant diminution. First, if you have to train them every year, that costs money and takes time—and then you presumably have to withdraw them when there is some kind of action. For me, it is not a reassuring answer to say that police officers can just backfill, because I am afraid that they cannot without training or experience in this vital part of the service.

[Lord Murray of Blidworth (Con)]

The contingency plans are of course already enabled in the Civil Contingencies Act and, although this situation would be less preferable than the one that prevails in a non-strike scenario, it would be successful in the Government’s view. Furthermore, in the event that police staff take strike action, or when they have taken strike action in the past, police forces will or have put in place plans to ensure resilience among their police officer workforce, to ensure that essential front-line services are maintained. However, as noble Lords would expect, we will keep under review the sectors that we are discussing in this debate, and will not hesitate to take further action if we judge that necessary.

I will briefly address some of the specific points raised by noble Lords. Clearly, from the Government’s perspective, we accept that the points raised by the noble Lord address a broader class of people—of police auxiliaries, if I might style them like that—than just those in call handling. Of course, he made a good point that this goes across the piece; the vital work done by broader police staff is something we should consider.

The noble Lord raised points in relation to His Majesty’s Coastguard. I confirm that the Department for Transport is still considering which other sectors minimum service levels may apply to. Therefore, the position on applying MSLs to coastguard services will be kept under review, and any decision regarding these services will of course be subject to consultation. Similarly, my noble friend Lord Greenhalgh made some powerful points about the importance of auxiliary staff in this context, and I take those very much on board.

As to the points raised by the noble Lord, Lord Fox, I can confirm that there was consultation with other government departments prior to the selection of the list described in the Bill.

Turning to the points made by the noble Baroness, Lady O’Grady, this is clearly not an attempt to ban strikes. The key sectors covered in the Bill are broadly the same set of services as those listed in the Trade Union Act 2016, which have long been recognised as being important for society to function effectively. Strike action in these sectors has the potential for far-reaching consequences for members of the public who are not in any way involved in the dispute, and it is only right that these sectors are included within the scope of the legislation.

For all those reasons I invite the noble Lord to withdraw the amendment.

[Lord Hogan-Howe (CB)]

I am grateful for the Minister’s reply and for the contribution of other noble Lords. I was not sure whether the Minister said that the Home Office or other departments had been consulted, but I will let that rest. I am grateful for the consideration and take his point that there will be further review in due course, be it the police or the coastguard. I am content to withdraw the amendment.