Strikes (Minimum Service Levels) Bill

Lord Sahota Excerpts

2nd reading
Tuesday 21st February 2023 Lords Chamber

[Lord Sahota (Lab)]

My Lords, some of my points have already been made, but it is well worth repeating some of them. I declare that I am a member of the GMB. Last Friday, I attended my local branch meeting, where I presented my workplace report, in which I sought my branch members’ views and comments on the Bill. Comments were wide-ranging, and some would not warrant repeating in your Lordships’ House. The overwhelming view was that this a typical Conservative policy of union-bashing to keep the unions and their members in their place.

When I worked on the shop floor all those years ago, the only weapon we had against the might of that international engineering company to fight for our rights was the right to withdraw our labour, which was our basic human right. We did not like it, because we were losing our pay, but it was a last resort after all the negotiation had failed. As I said, this was the only weapon we had.

This Government are taking that away from the workers and that is despicable. Where is the Conservative Party’s compassion, which it talks about so much? Two years ago, the Government were clapping workers to the rafters for their dedication and sacrifice, and now, through legislation, they want to sack them and control them if they stand up for their rights. This same Government want to apply this legislation to virtually break a legitimate and democratically called strike by saying that 80% or 90% of the workers must report to work under minimum service levels.

All the rights the trade unions fought for and won for the workers over the last 100 years or so are being swept aside in one fell swoop by this Government. It was trade unions that got the workers their sick pay, maternity leave, equal pay for women, annual bank holidays, annual leave, health and safety at work legislation, and equal rights and equal pay for minority communities. Whichever way you look at it, the Bill has more holes in it than a rotten cheese. It is draconian, because Ministers will impose a minimum service level through a statutory instrument, which means it will face limited parliamentary scrutiny, since we all know that no statutory instrument has been rejected since 1979. It takes away workers’ legal rights to strike; they can be dismissed on the spot with no legal rights. It lacks proper parliamentary scrutiny; it takes away workers’ rights to defend their pay and conditions; it gives unfettered power to Ministers to do whatever they like, and this has enormous implications for the workers affected.

This so-called Henry VIII power gives the Minister authority to amend any other primary legislation. What frightens me even more about this legislation is that many details will be determined in secondary legislation, and we all know how that works—in favour of the Government, without any debate or scrutiny. It is a gross infringement of the individual’s freedom. Workers could be dismissed for taking action that has been agreed in a democratic ballot, in line with the Government’s union legislation, which was Lord Tebbit’s union legislation of 1982 or something along those lines. Not only that, it is in breach of our international legal commitments, of which we are historically so proud. The Bill is unnecessary. It is already custom and practice that during any industrial dispute, emergency cover is there to protect the public.

In conclusion, can the Minister explain to the House how employers will assess the equality implications of targeting specific individuals to provide a minimum level of service? Can he explain why the Bill is being debated before any consultation has been conducted or completed with any of the designated sectors?