Strikes (Minimum Service Levels) Bill

Debate between Lord Reid of Cardowan and Lord Callanan

Report stage
Wednesday 26th April 2023 Lords Chamber

[Lord Callanan (Con)]

My apologies—I thank the noble Baroness. I meant “pariah”. In terms of being an international outlier, many other countries have minimum service levels. I will give the House some examples. In the USA, ambulance workers are in most circumstances prohibited from taking any action; it is the same in Australia; in Canada, there is variation by province; Spain and France have statutory minimum service levels in ambulance services; Belgium has statutory MSLs. All these requirements are laid down in law.

In the USA, Australia and Canada, for fire services action is prohibited completely by law. Nobody in the UK is suggesting that we go that far. I accept that noble Lords opposite will not mind the example of the USA, but, last time I looked, Australia and Canada both had centre-left Governments. Yet they ban strike action completely in fire services. So the UK is not an international outlier in considering these MSLs. Spain, France and Belgium have statutory MSLs in fire services. I have no idea who is in government in Belgium at the moment—there is normally some sort of 20-party coalition—but nevertheless these are not hard-right Governments with complete freedom of action against workers. It is not unusual in international terms to consider MSLs.

[Lord Reid of Cardowan (Lab)]

I thank the Minister for answering an allegation that was not made by my noble friend. His point was that we were an outlier or pariah not because we had minimum service levels but because we were the only country with minimum service levels that was applying the sorts of terms and conditions that are objected to in the proposed amendments. That is quite a different thing from the argument about minimum service levels.

[Lord Callanan (Con)]

I do not think it is a different thing at all. If action is prohibited completely, as it is in the three countries I mentioned—let us take, for example, fire services—there is no provision for workers to take any strike action at all. If they do so, they are in breach of their contracts—presumably they can be dismissed, in those countries. I think the comparison is completely valid.

I turn to the amendments. To achieve a minimum service level, employers, employees and trade unions all have a part to play, in our view, and the Bill makes it clear what those respective roles are. The amendments in this group would remove key parts of the legislation, which we believe are necessary to make it effective, and I suspect that is the aim of those who tabled them. As such, I take the same position as I did in Committee and resist these amendments.

Amendment 4 seeks to remove the consequences for an employee who participates in strike action while being identified in a work notice. The approach taken is both fair and proportionate. It enables employers to manage instances of non-compliance with a work notice in exactly the same way that they would manage any other unauthorised absence. I repeat the point for the benefit of the noble Lord, Lord Collins: this is not about sacking workers, nurses or anyone else. An employee loses their automatic protection from unfair dismissal for industrial action if they participated in a strike contrary to a work notice, as indeed they would lose their unfair dismissal rights if they participated in any other form of strike action that was not in accordance with the law, just as failing to attend work without a valid reason does not necessarily mean that they will be dismissed. It simply enables employers to pursue disciplinary action if they believe it is appropriate, but it is ultimately at their discretion whether or not to do so.

Amendment 4 also provides that individuals identified in a work notice are not subject to the work notice unless they have been given a copy of it, and the employer must prove that the individual has received it. However, under the current drafting, employees lose their automatic unfair dismissal protection for going on strike in contravention of a work notice only if the employer notifies them that they are required to work under a work notice and of the work that they must carry out. I believe that this additional requirement is both unnecessary and duplicative; it could also be inappropriate as workers could be given a work notice which identifies thousands of other workers.

Amendment 5 seeks to ensure that unions have no responsibility for ensuring that their members do not participate in strike action and attend work instead if they have been named on a work notice. It also ensures that there are no consequences for failing to meet that responsibility. I suspect this is an attempt to disrupt the balance between the ability to strike and the rights and freedoms of others to go about their lawful business, which is ultimately at the heart of the Bill.

If employees are not incentivised to attend work on a strike day when they have been identified on work notice, or if a trade union has no responsibility to ensure that its members comply, the effectiveness of this legislation will be severely undermined. I suspect noble Lords opposite know that their amendments will do exactly that, and I am sure it is therefore no surprise to them that I cannot support them on this occasion. Given the direct disruption that these amendments will have on the ability of the public to go about their normal, lawful business, I ask noble Lords—without too much optimism—to feel free to not press their amendments.

Horizon Europe

Debate between Lord Reid of Cardowan and Lord Callanan

Thursday 7th July 2022 Lords Chamber

[Lord Callanan (Con)]

I can indeed give the noble Lord that assurance. The money is a direct replacement and will go to research, but our preference remains to associate to Horizon Europe, if possible. With regard to ARIA, the noble Lord can expect some announcements on the chairman and chief executive fairly soon.

[Lord Reid of Cardowan (Lab)]

Does the Minister accept that this is not just a question of money? Scientific advance depends on international collaboration, networking, exchange of information and so on. Does he accept the gravity of the present situation? Universities are the seed funding of any solution to the productivity issue that is central to economic recovery. At the moment, however, we are cutting ourselves off from Europe, we are suspicious of China and we are introducing a range of legislation, not least the National Security and Investment Act, that will bring great concern and instability to our universities. What measures are the Government taking to address the gravity of that crisis and to assuage that instability, particularly in our institutions of higher education?

[Lord Callanan (Con)]

There were many different questions there. First, I agree with the noble Lord about the importance of international science collaboration. Secondly, we are not cutting ourselves off from the rest of the world. We remain keen to associate to Horizon Europe and co-operate with other scientific nations across the world. Thirdly, I do not agree with his point about the National Security and Investment Act causing problems for universities. The system is working extremely well and applications are being approved smoothly, as he will see if he looks at the recently produced annual report.

COP 26

Debate between Lord Reid of Cardowan and Lord Callanan

Wednesday 18th November 2020 Lords Chamber

[Lord Callanan (Con)]

The noble Lord, then, will have welcomed our announcement today that will generate the tens of thousands of jobs to which he refers. The idea of the campaign, of course, is to try to educate and change behaviour.

[Lord Reid of Cardowan (Lab)]

My Lords, will the Minister not accept that the Prime Minister’s new 10-point plan is not a plan but a wish list of future developments based on undeveloped technology? It is not new, because it is largely recycled commitments and resources. Will he confirm that the actual new, additional amount is £4 billion—not £12 billion—which does not begin to address the scale of the problem and does not bear comparison with our colleagues in France, Germany and elsewhere?

[Lord Callanan (Con)]

I am not sure that the noble Lord is being entirely fair with his critique of the announcement. Many of the initiatives are based on new and existing technologies. We are building on many of the initiatives that we already have going, for instance the green homes grants system, which is proving so successful and popular and is building on an existing scheme. I think that noble Lords in many parts of the House would accept that we should go further on things such as hydrogen and elsewhere.

Oil: Changes in Global Markets

Debate between Lord Reid of Cardowan and Lord Callanan

Thursday 21st May 2020 Lords Chamber

[Lord Reid of Cardowan (Lab)]

At the time of the Scottish independence referendum, oil was running at over $100 a barrel. Given the steep fall in the price of oil, what estimates, if any, have the Government made of the present state of the Scottish economy with respect to strengths or fragility?

[Lord Callanan]

The noble Lord makes a powerful point. The independence plans of the SNP have been thrown into disarray by the low oil price—we all know the economic forecasts it made at the time. We are of course in close contact and collaboration with the Scottish Government on all these matters. We will continue to assist and help them in their plans going forward.