Strikes (Minimum Service Levels) Bill

Alan Brown Excerpts

2nd reading
Monday 16th January 2023 Commons Chamber

[Grant Shapps]

I am surprised by how the hon. Gentleman, who normally speaks a lot of sense in the House, put his point across. Yes, of course it is the case that the NHS has been under unbelievable stress, not least because of two years of covid and all the backlog that has been created. It is worth reminding Labour Members that, had they had their way, we would have been in lockdown for a heck of a lot longer and those cases would have been even worse. I do not follow the logic of his argument. He seems to be arguing that just because there are times of danger, we ought, by design, to enable a system that prevents unions in the ambulance service from telling the NHS when ambulances will be there and what the minimum service would be. That is the issue that we seek to address today.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

If this is all about safety, why is the word “safety” not used once in the Bill or its explanatory notes?

[Grant Shapps]

It is fairly obvious to say that a minimum service level in railways, for example, is about people’s livelihoods rather than safety, but that the NHS and the ambulance service not agreeing nationally is a minimum safety level issue. I would have thought that was pretty straightforward.

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[Alan Brown (Kilmarnock and Loudoun) (SNP)]

The right hon. Member for Witham (Priti Patel) said that this was a partisan debate. Of course it is a partisan debate, because we either believe in the right of workers to strike or we do not, so, clearly, it is a partisan debate. She spoke about SMEs struggling because of strikes. I can tell her that SMEs in my constituency are more worried about their energy bills going through the roof and the lack of Government support that is coming down the line from April onwards.

We know that this is “anti-strike legislation”—those are not my words, but the words of the Parliamentary Under-Secretary of State for Scotland from the Dispatch Box last week at Scotland questions. He boasted that his Government were introducing “anti-strike” legislation in a rare bit of honesty from the Dispatch Box.

The Secretary of State for Business, Energy and Industrial Strategy keeps going on about minimum ambulance cover, but the reality is that this is an attack on millions of public sector workers. The explanatory notes tell us that this is a Tory manifesto commitment about tackling transport strikes. Although the Conservatives might hide behind that manifesto commitment, that commitment has nothing to do with clamping down on the NHS or on teachers. The Conservatives claim that it is about safety, but, as I said earlier, the word “safety” is not used once in the Bill or in explanatory notes. The reality is that this is an ideological war on the unions, which the Tories somehow think will curry favour with the public. It is a misty-eyed look back to Margaret Thatcher taking on the National Union of Mineworkers. It was a battle that she won, but it was a battle that resulted in the closures of mines and left communities devasted and thousands of workers on the dole. Do we really want to go back to sacking workers and putting them on the dole? That is what this is all about.

We know that this is an ideological war, because, in this period of Tory governance, the Government have already given us the Trade Union Act 2016, introducing voting thresholds, and then, last year, the legislation to allow employers to hire agency staff to break strikes. There is no doubt that this Government want to end strikes, effectively removing the ultimate backstop on collective bargaining.

The Bill not only facilitates an attack on workers, but enables employers to potentially sue unions for damages. It is no wonder that it is opposed by the TUC, the Scottish Trades Union Congress, Unison, the British Medical Association and the Royal College of Nursing among others, and I certainly support them in opposing this.

The legislation is nothing more than an attack on democracy—an attack on the rights of workers to withdraw their labour, and a further attack on devolution. Neither the Scottish Government nor the Welsh Government want this legislation, but, yet again, this legislation will be imposed on the devolved nations. In Scotland, this is further proof that the Westminster straitjacket does us no good at all. We could have had employment and workers’ rights devolved, but, unfortunately, Labour resisted those powers coming to Scotland. However, even the STUC has now called for the devolution of employment rights to Scotland, so perhaps Labour should consider that, instead of listening to Gordon Brown’s rehash of broken promises.

It is worth noting that the Bill does not impact Northern Ireland, as employment law is already devolved to the Northern Ireland Assembly, so, yet again, the so-called most powerful devolved Parliament in the world—the Scottish Parliament—has fewer powers than the Northern Ireland Assembly, and this proves it.

This ideological attack comes from someone who, as Transport Secretary, was non-existent when it came to dialogue and communications, and that was confirmed by the unions. He was somebody who was blocking the DFT from agreeing deals, and now we have that same person in post leading the charge for anti-strike and anti-worker legislation. Given the Secretary of State’s form, we know that he is up for a fight, but even if wins this fight, he will be destroying worker relationships for good. These are hard-pressed workers, particularly from within the NHS, who are struggling at times with the pressures that they are under. Who seriously thinks that not negotiating and threatening workers with the sack for striking will help matters? It is utterly insane. As the rail unions pointed out at the Transport Committee last week, deals have been agreed where DfT and UK Ministers are not involved. Clearly the union asks cannot be too unreasonable, when RMT and ASLEF have agreed deals with ScotRail and the Scottish Government, deals in Wales and deals with Merseyrail, for example—deals with Governments and authorities that have been hamstrung by the Tory austerity imposed on them, yet still managed to agree deals.

The Tories tell us they are the party of workers. That phrase fools no one, but they also tell us they are all about a high-wage, skilled economy. Yet, as we have heard, when workers ask for a wage rise they are told no, that it is unaffordable; even worse, in the case of the rail unions, the Secretary of State quotes figures that he thinks show how well paid all rail staff are. That is really telling: the Secretary of State is effectively saying, “Train drivers are overpaid—how dare they ask for a wage rise?”. That is insulting beyond belief.

The Tories can forget saying they want a high-wage economy. They were quite happy for the rail companies to pay dividends during the pandemic. They were quite happy for Virgin Trains East Coast to walk away from the London North Eastern Railway franchise owing billions of pounds, but they always go for attacking workers.

It is the same with the Secretary’s rhetoric about this legislation mirroring what happens elsewhere in Europe. His soundbites are easily proven to be false. Indeed, the general secretary of the European Federation of Public Service Unions, Jan Willem Goudriaan, argued that comparison by the UK Government of this Bill with existing laws in other EU countries was misrepresenting the situation, because all minimum service levels in Europe are agreed through negotiation. Moreover, the general secretary of the European Trade Union Confederation, Esther Lynch, said:

“The UK already has among the most draconian restrictions on the right to strike in Europe, and the UK government’s plans would push it even further away from normal, democratic practice across Europe”.

Pablo Sánchez Centellas, a spokesperson for the EPSU, was much more succinct, saying, “It’s bollocks.” The Secretary of State should reflect on the true position of this proposed legislation compared with what is happening in Europe.

It also seems that this legislation is in breach of article 11 of the European convention on human rights, especially with regard to proportionate action. Richard Arthur, head of trade union law at Thompsons Solicitors, said the Bill raised,

“very serious legal question marks”,

and anticipates legal challenges under article 11 of the ECHR and convention 87 of the International Labour Organisation. He has also rightly pointed out that the human rights memorandum that accompanied the Transport Strikes (Minimum Service Levels) Bill set out reasons why minimum service levels were not justified in fire services, health settings or education, yet that is what the Government now propose. By default, this Government are now going against their own previous human rights opinion. What kind of madness is that?

When it comes to the International Labour Organisation, which the Secretary of State likes to reference, its idea of minimum service requirements is clearly intended to be based on endangerment to life, personal safety or health. This wide-ranging legislation goes way beyond those parameters. The ILO makes it clear there should be an independent arbitration body, yet this Bill is completely silent on such a body. Why is that?

It is also clear that any minimum service level is supposed to be just that—a bare minimum. We have no idea what this Government will railroad through via statutory instruments. Statutory instruments cannot be amended and the last time a Government was defeated on a statutory instrument was in 1979, so we know all power rests with the Government there.

As Liberty has observed, the Bill does not create any form of minimal service. Liberty also confirms that MPs debating this legislation on Second Reading will not know exactly what they are voting for, so all the Tory MPs in the Chamber who are going to take part in the debate and then trot through the Lobby will do so blind to what the future legislation and regulations on minimum service will look like. It is an affront to democracy. Any Tory MP who claims to care about parliamentary sovereignty cannot possibly vote for this Bill.

The Bill is made worse by the Henry VIII power that allows amendment and revocation even of future legislation not yet passed. We can see how the Government are ramming this Bill through Parliament with minimum scrutiny and a proposed programme motion allowing just five hours for Committee. It really is an assault on democracy. The fact that the Bill comes into effect immediately once passed, so that work notices and actions can be taken by employers for strikes that have already been voted through, shows just how ridiculous this assault on workers is.

The impact assessment for the Transport Strikes (Minimum Service Levels) Bill observes that on a strike day in July 2022, 20% of rail services were still in operation. Right away that suggests to me that a minimum level of service was operating. What do the Tories really think a minimum service is, if 20% is not a bare minimum? There are huge ramifications here for rail workers overall, because if this Government force through a high threshold of minimum service, strikes by signalmen and track operatives will effectively be banned. A high minimum service will force all those guys to work to keep the tracks in operation and the trains running, effectively blocking strikes by the back door.

What will minimum service look like for teachers? Where does that fit in with all the talk about safety? What happens to train companies that cannot provide a minimum service at the moment, especially if union members decide not to work on their rest days and to work to rule? Where will that leave this Government on minimum service level obligations?

The overview in the explanatory notes makes it clear that the ability to sack workers is a key aspect of the Bill. That is the polar opposite of what was said when a transport strike Bill was listed in the Queen’s Speech in December 2019, when it was stated that workers would not be discriminated against. Why are the Government now threatening people’s livelihoods?

Despite what the Secretary of State says, it is also clear that this legislation will allow employers to target those they think are part of an awkward squad. Allowing employers to decide who has to work on notified strike days clearly infringes on workers’ rights to withdraw labour. Instead of the illegal blacklisting previously done by some companies, employers now can name workers they want to break a strike, and sack those workers if they stay true to their beliefs. How can that be deemed acceptable?

The sacking aspect is the proof that this is nothing to do with minimum cover by ambulance staff, as the Secretary of State likes to tell us. It also ignores the fact that section 240 of the 1992 Act, as my hon. Friend the Member for Glasgow South West (Chris Stephens) keeps saying, allows for preserving life and limb, and that unions have their own practices to comply with that legislation. For fire services, the Secretary of State could also utilise the Fire and Rescue Services Act 2004, if he felt the desire to do so.

It is crystal clear that this legislation is not required. It is an attack on democracy and the right to strike; it will prolong industrial disputes, not resolve them; it will allow individual workers to be targeted through work notices; and it is politically stupid. We have to wonder why this Tory Government are looking to antagonise something like 7 million workers across these sectors. It also shows an astonishing level of incompetence to bring in legislation that potentially allows them to sack essential workers in vital sectors where there is already a shortage of skilled workers.

The public can see through a Government who partied while clapping the nurses and now threaten them with the sack. They should follow the lead of the Scottish Government and get around the negotiating table. The resolution of the ScotRail dispute has been commended by both the RMT and ASLEF. There are no strikes planned in the health service in Scotland and the pay deal being implemented by the Scottish Government is one that the UK Government should replicate as a starting point when they get around the negotiating table.

It is outrageous that the Scottish Government, who have been negotiating in good faith with the unions, will now have this legislation foisted upon them—legislation that Westminster could use to force work notices through in Scotland against the wishes of the Scottish Government and that could ruin otherwise good working relationships in Scotland. Employment law should be devolved to Scotland, but even that would now just be a sticking plaster. It is perfectly obvious that what Scotland now needs is the full powers of a normal, independent country.

[Mr Deputy Speaker (Sir Roger Gale)]

I call the Chair of the Transport Committee.

Strikes (Minimum Service Levels) Bill

Alan Brown Excerpts

Committee stage
Monday 30th January 2023 Commons Chamber

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kevin Hollinrake)]

It is a pleasure to serve under your chairmanship, Mr Evans.

It is well known that the first and foremost job of any Government is to keep the public safe. Every one of us in this Chamber will know of people who have been impacted by industrial action. Every one of us will know constituents who work hard and expect access to essential and life-saving services when they need them. It is clear that that is not happening in all cases. That is why this Government are taking proportionate and sensible steps through the Bill. Our position, which has the support of the majority of our constituents—in a recent YouGov poll, 56% of those polled said that they support the legislation—is that we need to maintain a reasonable balance between the ability of workers to strike and the ability to keep the lives and livelihoods of the British public safe.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

The Minister has started with a red herring about keeping people safe. Can he explain, then, why teachers and education are included in the Bill?

[Kevin Hollinrake]

Clearly, there is a wider context for children. It is about services and safety—those are both contexts in this—as well as livelihoods. All those things are affected when people do not provide a minimum service level.

--- Later in debate ---

[Mr Rees-Mogg]

I am grateful to the right hon. Gentleman, but I think that he attributes to me more influence than I have. My fusillade against clause 3 will not change many votes this evening—including my own, as it happens. Therefore, it will not be the case that the Government will be defeated in the Committee. I think that I went quite a long way in saying that the right hon. Member for Ashton-under-Lyne was not wrong on amendment 101; I thought that was pretty generous. However, the right hon. Gentleman is a hard man—he is known as a hard man of the left, and he is a hard man of parliamentary procedure as well.

[Alan Brown]

It is quite impressive that, despite the right hon. Member having been on his feet for 16 minutes telling us how bad the Bill is, he has not convinced himself to vote against it. Is it not the case that he was quite happy to have Henry VIII powers when he was Secretary of State for Business, Energy and Industrial Strategy, but, now that he is a Back Bencher, he is against them and back to respecting parliamentary sovereignty?

[Mr Rees-Mogg]

I am afraid that the hon. Gentleman is completely wrong about that. In all the legislation that I was involved with, I pushed against Henry VIII powers on every single occasion and always asked why they were necessary—I merely could not make that particularly public. There is a place for Henry VIII powers—they are not all bad—but those in the Bill go much too far. If he looks at the evidence that I gave from those House of Lords reports, he will see that it was on exactly those lines.

--- Later in debate ---

[Mr Rees-Mogg]

I should love to give way to the hon. Gentleman, but lots of people want to speak and I have gone on for too long.

[Alan Brown]

It is a pleasure to follow the right hon. Member for North East Somerset (Mr Rees-Mogg)—certainly now that he has found his Back-Bench voice again—but it is disappointing that he is still in favour of the Bill even though he says how badly drafted it is. We know how bad a Bill’s concept and drafting are when something like 120 amendments are tabled, spanning 53 pages, yet the Bill itself has only six clauses over seven pages.

I thank my hon. Friend the Member for Glasgow South West (Chris Stephens), who is responsible for about a quarter of the entire amendment paper. I am disappointed to see that there is not a single Tory amendment, nor a single Tory MP backing any of the amendments despite how many there are. It is good to hear some critical voices, however, and I hope that at the very least the Minister will listen to the Tory Back-Bench voices telling us how unconstitutional the Bill’s drafting is and the dangers that it will bring.

With only five hours to debate amendments, as my hon. Friend the Member for Glasgow East (David Linden) said, it is clear that the Government are intent on ramming the Bill through with minimum scrutiny but maximum politics as part of the Tory culture war—a culture war that they are now taking to something like 7 million key workers. I hope they get their just reward at the next election from those 7 million voters. Considering that the Tory party accumulated only 14 million votes at the last election, those 7 million key voters could be critical up and down Great Britain.

The Bill is so offensive that there is a moral dilemma involved in tabling amendments to it. How can we improve a Bill that we so fundamentally oppose? For that reason, we tabled amendments to delete each clause. As I have said before, the Under-Secretary of State for Scotland, the hon. Member for Berwickshire, Roxburgh and Selkirk (John Lamont), has described the Bill at the Dispatch Box as “anti-strike legislation”. Our amendment 33, which was not selected, would have changed its title to “Anti-Strikes (Forced Working) Bill”, which would have been quite apt.

The Bill presents opportunities for employers to pick on specific individuals and name them as required to break a strike. If those individuals do not comply, they face the ultimate sanction of sacking. Those proposals are not replicated internationally, even in places where, as the Government like to remind us, there is some form of minimum service legislation. The threat of sacking for going on strike is absolutely outrageous, so I certainly support Opposition amendment 1. Although the Minister says that the Bill could not lead to sacking, the overview in the explanatory notes makes it clear that it will remove protections from unfair dismissal for going on strike. That is the key aim of the Bill, as set out in the overview given in the explanatory notes, so the Minister cannot say that the Bill will not lead to the sacking of key workers.

[Chris Stephens]

My hon. Friend makes a valid point. The Minister keeps shaking his head whenever someone mentions dismissal, but it is clearly there in the Bill. The Bill says that someone who is sacked will have no right to an industrial tribunal. The very real concern for many of us is that trade union officials and activists will be the ones who are picked on. They will be dismissed and will not have the right to a tribunal.

[Alan Brown]

I will return to that point, but it is quite clear that the Bill allows individuals to be named. If someone is deemed to be part of an awkward squad, or to be a trade unionist the company wants rid of, they can be named. If they do not break a strike, they could be sacked.

A common theme on the amendment paper is the attempt to control and limit the definition of “minimum service” and ensure that it relates to service required for genuinely critical health and safety-related matters. I support such amendments, although we know that there is existing legislation that covers life and limb protection anyway. In a similar vein, there are attempts to limit unilateral impositions by the Government. There are also several new clauses and amendments that relate to consultation, voluntary agreements, compliance with international obligations and the implementation of an arbitration process. If the Government had any intention of collegiate working, we would not have to debate the inclusion of such measures.

Another theme—I am glad that the right hon. Member for North East Somerset brought it up—is parliamentary sovereignty and the need to prevent too much control from lying with the UK Government. Those are issues that should exercise Tory Back Benchers.

I support all amendments that would eliminate the retrospective effect of the Bill and stop it applying to strikes that have already been balloted for. The Bill is bad enough, but to apply it retrospectively to attack strikes that have already been properly balloted for, under the existing rules and the existing draconian legislation, is just bizarre.

The SNP has tabled amendments that would protect devolution and require approval from devolved Governments and other bodies on devolved matters before implementation. If Scotland were indeed an equal partner, the UK Government would not have a problem with such requirements, but we know that their attitude is “Westminster knows best”, even though it is Westminster that is wrecking inter-Government relations. It is now Westminster that is looking to wreck relationships with key workers, including in the devolved nations.

Our amendment 27 is an attempt to eliminate the ridiculous proposal that secondary legislation could be used to “amend, repeal or revoke” any previous legislation already passed by Parliament or any future legislation in this Session. SNP amendment 28 further makes it clear that such Henry VIII powers should not extend to devolved legislation. It might be acceptable for most of the Tories to allow their Government unparalleled powers over past and future legislation, but it is simply not acceptable to us that Westminster could have carte blanche to rip up devolved legislation that has already been passed. I welcome the similar amendments tabled by the hon. Member for Cynon Valley (Beth Winter) to protect the devolved institutions; I hope that Labour Front Benchers too will see the need to stand up and protect devolution.

I also support the hon. Member’s amendments 98 and 77. They mirror our amendments 30, 36, 37 and 38, which would amend clause 4 and the schedule to ensure that the Bill will not apply to Scotland. New clause 2 spells it out: the Bill should

“not apply to disputes which take place in…Scotland or Wales”,

no matter where the workers reside. If the Tories really want this Bill, I suggest that they own it and justify it to the nurses, ambulance drivers and train workers in their constituencies—but do not think about imposing it on Scotland and Wales, whose Governments do not want it.

Our amendments are intended to prevent imposition from Westminster, but the blunt reality is that unless employment law is devolved to Scotland, the Bill—clause 3 in particular—will allow Westminster to interfere and impose as it sees fit. We are now seeing Westminster confirming autocratic powers.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

My hon. Friend mentions the devolution of employment law. As far as I am aware, the Smith commission undertook to decide whether it should be devolved. Does my hon. Friend know which party blocked that from coming to Scotland?

[Alan Brown]

I think that was a rhetorical question. It was, unfortunately, Labour that led the charge against devolving employment law. Interestingly, the Scottish Trades Union Congress has made it clear that it supports devolving employment law to Scotland, so I urge the Labour party to reconsider its approach.

[David Linden]

I missed what my hon. Friend said. Did he say which party blocked the devolution of employment law?

[Alan Brown]

Just for the record, unfortunately it was the Labour party that blocked the concept of devolving employment law to Scotland—although, to be fair, it was also the Labour party that devolved employment law to Northern Ireland. If it is good enough for Northern Ireland, it should be good enough for Scotland.

[Amy Callaghan (East Dunbartonshire) (SNP)]

Just one more time, for the record, will my hon. Friend confirm which party prevented employment law from being devolved to Scotland?

[Alan Brown]

Again, just for the record—I thought I was speaking quite loudly, but just in case Members did not hear what I said—it was indeed the Labour party that blocked employment law from being devolved to Scotland. Hopefully the Labour party will reconsider, now that that is on the record.

--- Later in debate ---

[Alan Brown]

As we have heard, the Government still have not listened, because they would not accept any amendments. The Secretary of State rehashed some of the old arguments: he said the Bill was about health and safety, but he then used the example of teachers. Teachers are not childminders—they are there to provide education —but he is using them as an excuse to allow other people to get to work. He talked about protecting ordinary workers, but what about rewarding the ordinary key workers who are providing vital services, instead of waging a culture war on them?

The Government have not listened to the fact that the ILO does not actually back their legislation. They have ignored the fact that European trade unionists have stated that the UK already has the most draconian strike legislation. They refused to acknowledge the point of my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry) that the only other countries in Europe that allow Governments to stipulate minimum service levels and penalise workers by sacking them for not complying are Russia and Hungary. That is the company that the UK Government are looking to keep.

The Government try to tell us that workers such as nurses cannot get sacked, but the explanatory notes say clearly in their overview of the Bill that it will

“restrict the protection of trade unions under the 1992 Act from legal action in respect of strikes relating to certain services and the automatic protection of employees from unfair dismissal”.

That makes it clear that workers can get sacked if they do not comply with the work notices when they are told to work, even if they do not want to and they want to adhere to the strike.

The Government also have not listened to the right hon. Member for North East Somerset (Mr Rees-Mogg), who pointed out how badly written the Bill is and the unlimited powers that it gives to the Government. I note that he is suddenly in favour of the Lords amending legislation, which is a change in tune from recent years, when he was against that. It shows how bad things are when, yet again, we are relying on the unelected Lords to amend the Bill.

[Mr Rees-Mogg]

I am grateful to the hon. Gentleman for giving way. I am in favour of their lordships doing their proper job, which is revising legislation to make this legislation, which is very good, perfect—that is what they are there for.

[Alan Brown]

The right hon. Gentleman did not say that when it came to the European Union (Withdrawal) Act 2018 during Brexit.

The Bill allows individual workers and trade unions to be targeted. It is an assault on the devolution settlement. Employment law should have been devolved to the Scottish Parliament but, as I said earlier, Labour opposed it being devolved. Even worse, the powers in the Bill allow the UK Government to amend devolved legislation, which is an assault on the devolved nations. I am disappointed that Labour did not back the SNP amendment, which would also have protected the Welsh Government. I do not know why Labour sat on its hands about that.

The Bill is an assault on devolution, an assault on workers and an assault on trade unions. That is why we oppose it and why we need independence to get away from this institution.

Strikes (Minimum Service Levels) Bill

Alan Brown Excerpts

Consideration of Lords amendments
Monday 22nd May 2023 Commons Chamber

[Kevin Hollinrake]

This Bill was introduced with the intention of balancing the ability to strike with the rights and freedoms of the public, by applying minimum service levels on strike days to protect the lives and livelihoods of the public. We should not ignore the fact that the economic costs of these strikes have been estimated at around £3 billion, and much of that impact falls on business sectors that are already facing difficulties, such as the hospitality sector.

The Bill brings the UK into line with many other countries: Spain and France have statutory minimum service levels in ambulance services and they also, along with Belgium, have statutory minimum service levels in fire services. In some countries, such as the United States of America, Australia and Canada, some services are prohibited from taking any strike action altogether. However, the Government are not suggesting we go that far.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

In the European countries the Minister mentioned where there is minimum service provision, is it not the case that that minimum service provision is agreed by negotiation, and that workers there do not get sacked for striking?

[Kevin Hollinrake]

All jurisdictions differ, and the way that minimum service levels are set differ. Some are set by the Government; we have done that, through consultation with stakeholders, and we will decide what the right level of minimum service will be. All jurisdictions differ somewhat, but the key point is that in many jurisdictions there are restrictions placed on the ability to strike.

--- Later in debate ---

[Kevin Hollinrake]

I am grateful to my hon. Friend for that point. He has raised it with me offline. I am of course very happy to have a proper discussion with him about that, and I know that Transport Ministers would also be happy to.

[Alan Brown]

On making unions responsible for forcing workers to comply with work notices, does the Minister not understand that unions work for and on behalf of their members, and reflect their wishes? If their members wish to go on strike, how is it just or moral to force unions to make their workers break that strike?

[Kevin Hollinrake]

There is a balance to be struck, and what I think is just and moral is ensuring that public services are maintained. That is the balance that we are trying to ensure. We are not at all saying that people cannot strike; we are saying that a minimum service level should be maintained during the strike.

Lords amendment 5 would mean that there were no consequences for trade unions that failed to meet their responsibilities. If we remove the consequences for trade unions that fail to take reasonable steps, we will be far less likely to achieve minimum service levels, as trade unions might attempt to persuade workers not to comply with work notices, and to take strike action instead.

--- Later in debate ---

[Angela Rayner]

I absolutely agree. How will threatening key workers with the sack in the middle of an unprecedented recruitment and retention crisis do anything to provide the level of services that the public deserve?

We will also hear tonight that the Bill brings us into line with international standards, but what does the Minister have to say to the ILO’s director general who slammed down the Bill in January? The Minister did not effectively answer the questions that were put to him during his opening statement. What does he say to President Biden’s labour Secretary, who also raised concerns?

We are going to hear that the Bill is the only way to bring strikes to a close. We are now in May and there is no end in sight to the current wave of industrial action, harming the public, small businesses and, not to mention, the workers who lose a day’s pay. Might I give the Minister some friendly advice? Strikes are ended by getting round the table, not by insulting the very workers who kept the country going during the depths of the pandemic.

The Bill is one of the most sinister attacks on working people I have seen, and I speak as a trade unionist, an employer and a Member of this House. It gives Ministers the power to threaten every nurse, firefighter, health worker, rail worker or paramedic with the sack. Other Government Members wanted even more people to be in scope. I do not think they want anybody anywhere to have trade union rights in this country. This is being done at their whim. They have literally gone from clapping nurses to sacking nurses.

In the words of my noble Friend Baroness O’Grady, Lords amendment 4 is about

“the individual freedoms, dignity and livelihoods of workers.”—[Official Report, House of Lords, 26 April 2023; Vol. 829, c. 1242.]

Labour is proud to support that amendment. We ask any Government Member—there are not many of them here—who believes in the right to protection from unfair dismissal to vote with us tonight.

We also stand by the provision in Lords amendment 4 to require employers to serve work notices and to prove that individuals have received them. The Government’s proposal not only threatens workers, but burdens employers, including our overstretched public services and small businesses. That only goes to show the Bill’s complete unworkability and proves the point of all employers who have condemned it.

The Bill also represents an almighty attack on trade unions—unions made up of ordinary working men and women. We are all grown up enough to acknowledge the integral role they play in our economy and our democracy. I think we can all agree that attempts to attack their ability to represent their members is morally, economically and democratically wrong. In its original form, the Bill would require them to take “reasonable steps” to ensure compliance work with notices, without any clarity on what that means. The Government have effectively conceded the flaws in their drafting of the Bill in their concession on Lords amendment 3. That is welcome, but not enough. The Minister asks us to vote tonight for vague and unclear wording that gives us no idea of what they actually require trade unions to do. So we will vote to keep Lords amendment 5 and by extension, Lords amendments 6 and 7.

[Alan Brown]

The right hon. Lady has not really mentioned Lords amendment 1, although I note that she said that Labour Members would vote to retain it, and that is welcome. Given that Lords amendment 1 would limit the territorial extent to England, does that mean that Labour now recognises the need to fully devolve employment law to Scotland to completely protect us from Westminster?

[Angela Rayner]

We want a Labour Government for the whole United Kingdom, but we also appreciate Lords amendment 1 and the devolved powers. We believe in devolution. We were the party of devolution. We were the ones who gave devolution because we absolutely believe in it, but we also believe that we need a Labour Government to get rid of the Conservative Government in Westminster so that we can change the whole United Kingdom for the better.

Another one of the most troubling aspects of the Bill has been the profound lack of scrutiny. The Bill presents the Secretary of State with huge and unchecked powers to set, impose and police minimum service levels and to amend, repeal and revoke primary legislation. This is about not just laws that the Government already have passed, but even those we pass in the future, yet we have no real idea why they would need that power nor how they intend to use it.

Where there has been measly scrutiny, the wide-ranging consensus has been that the Bill is a total disaster. The Regulatory Policy Committee called it “not fit for purpose”. The Equality and Human Rights Commission and the Joint Committee on Human Rights sounded the alarm. The impact assessment was also published late, finding that this legislation could lead to more industrial action and have unknown knock-on consequences. Consultations have been launched in a haphazard way and only for certain sectors, without any explanation. There has been no meaningful consultation on the Bill as a whole, not least with the very people that it will have an impact on. If the Government had nothing to hide, they should have nothing to fear. Labour Members will vote to keep Lords amendment 2 and to protect the democratic scrutiny that the House is meant to provide.

There are serious concerns about what the Bill will mean for devolution. I have mentioned the unprecedented Henry VIII powers, which allow Ministers to make decisions about services that are entirely run by the devolved Administrations, including the elected Governments of Wales and Scotland. The Bill sets a dangerous precedent, using powers reserved to Westminster in one area of law to interfere in other areas that have been devolved. Perhaps the Minister has noticed that the Welsh Senedd and the Scottish Parliament have refused legislative consent. There has been no attempt to seriously engage with them or with devolved Administrations with powers over sectors listed in the Bill, including not just London, but my patch of Greater Manchester. This is a question not of changing the devolution settlement, but of defending it from the threat of the Bill. That is why we will vote to uphold Lords amendment 1.

This is one of the worst pieces of legislation in modern times, and looking over the last 13 years, that says a lot. But it is not just Labour Members who think that. The Bill has been widely and routinely condemned by: the Regulatory Policy Committee; the Equality and Human Rights Commission; the Joint Committee on Human Rights; NHS providers; the rail industry; the Chartered Institute of Personnel and Development; the CEO of the confederation of recruitment companies; the CEO of the NHS Confederation; President Biden’s labour Secretary; the ILO; all UK trade unions; the TUC; the Welsh and Scottish Governments; the former Secretary of State, the right hon. Member for North East Somerset (Mr Rees-Mogg); the right hon. Member for Stevenage (Stephen McPartland); the Transport Secretary; the Education Secretary—what a shambles! If it was not so serious, it would be a joke. This is from a Government who are desperately trying to distract from the 13 years of their own failings and who are playing politics with key workers’ lives.

The Bill is shoddy, unworkable and unnecessary. For the sake of every nurse, teacher and firefighter across the UK, and for the sake of our British democratic institutions, I urge the whole House to join us in supporting the thoughtful and sensible amendments from the other place and to vote down the Government’s vindictive motions tonight.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the SNP spokesman.

[Alan Brown]

Thank you, Madam Deputy Speaker. It is a pleasure to follow the shadow Minister, the right hon. Member for Ashton-under-Lyne (Angela Rayner). I agree with what she said, and I welcome her comments on devolution protecting the devolved Parliaments. I also welcome the commitment from Labour to repeal this legislation if it is in Government, but I would point out that there have already been a number of Labour U-turns recently, and now we have heard the mantra that Labour is not going to be in power to do the job of repealing nasty Tory legislation, so there is a concern that Labour will not do what its representatives have promised at the Dispatch Box. It is also amazing that in an earlier intervention from the Tory Benches, we heard the mantra that the Tories are the party of workers. The party of workers will not even have one Back-Bench contribution to today’s debate on the Lords amendments—that is how interested they are in the workers in reality.

--- Later in debate ---

[Christine Jardine]

I rise to support the Lords amendments and to oppose the Government’s intention of rejecting them. I am no longer a trade union member, but I was, so a lot of this Bill offends my belief in the right of the individual to withdraw their labour and the rights of the trade unions.

Lords amendments 4 and 5 would tackle the unfair obligation on the trade unions to ensure that members comply with a work notice. The thought of sacking anyone for going on strike is particularly difficult for me, because I actually have experience of that. I have experience of my husband being sacked, in 1989-90 in Aberdeen, because he went on strike. I know the damage it did to us and to a lot of people’s careers. To take away the right to object to what people believe is an unfair practice or to ask for better pay is, to me, a contravention of rights that people have fought long and hard for in this country. So I will be voting no on those two motions, as will the other Liberal Democrats.

On Lords amendment 1—

[Alan Brown]

The hon. Member is coming on to Lords amendment 1, and I hope she will support that amendment on the Bill’s territorial extent. Has she had time to think further about the earlier point that the logical extension of the Liberal Democrats supporting amendment 1 is the devolution of employment law to Scotland?

[Christine Jardine]

I thank the hon. Member for his intervention, but remind him that we are here to discuss this Bill and its implications, which are very serious. Yet again, there is an attempt to divert us on to the constitutional issue, which in this particular instance is not appropriate. Yes, I will be voting against—

Strikes (Minimum Service Levels) Bill

Alan Brown Excerpts

Consideration of Lords message
Wednesday 21st June 2023 Commons Chamber

[Kevin Hollinrake]

There are three motions before the House. I am grateful for the fact that both Houses have reached agreement on the appropriate territorial application of the Bill, but I regret that we have not yet reached agreement on some remaining issues. I must once again urge the House to disagree with the Lords amendments before us. Again, the Bill has been amended in ways that would delay implementation or seriously limit the operation of minimum service levels. That would mean that we could not provide the all-important balance between the ability of unions and their members to strike and the ability of the wider public to access, during periods of strike action, the key services that our country needs. I will briefly summarise for the House the reasons why the amendments remain unacceptable to the House.

First, through Lords amendment 2B, the noble Lords seek to introduce additional consultation requirements and new parliamentary scrutiny processes. We recognise the importance of ensuring that the public, employers, employees, trade unions and their members are all able to participate in setting minimum service levels. That is why we ran consultations on applying MSLs to ambulance, fire, and passenger rail services on that basis. The Government maintain that the Bill enables the appropriate consultation to take place, and we are confident that the affirmative procedure will allow Parliament to conduct proper scrutiny of secondary legislation.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

Proposed new section 234F of the Trade Union and Labour Relations (Consolidation) Act 1992, inserted by the schedule, says,

“the Secretary of State must consult such persons as the Secretary of State considers appropriate.”

Does that not mean that there is no obligation to consult at all? The Secretary of State can decide that no one needs to be consulted. Does that not show the importance of the Lords amendment?

[Kevin Hollinrake]

If there is anybody whom the hon. Gentleman thinks was not able to contribute to the consultation, I ask him to please let me know, but it was open to anybody to make a submission to the consultation, and all those submissions will be properly assessed by Ministers and officials.

I turn now to the Lords amendments that would restrict the ways in which we can ensure that minimum service levels are achieved, Lords amendment 4B still leaves employers powerless to manage instances of non-compliance when workers strike contrary to being named on a work notice.

--- Later in debate ---

[Kevin Hollinrake]

I will make a little progress, but I will make sure that both the hon. Member for Kilmarnock and Loudoun (Alan Brown) and the hon. Member for Glasgow South West (Chris Stephens) get a chance to make their points.

The Bill takes the same approach as to any other strike action that is not protected under existing legislation. Lords amendment 5B may suggest that the other place accepts that trade unions should have a role to play in ensuring that minimum service levels are met, but in reality under, that amendment, whether and how the unions encouraged their members to comply with work notices would be at their discretion. Unions would be able to induce people to strike as normal and take steps to undermine the achievement of minimum service levels. That is clearly directly counter to the objectives of the policy.

[Alan Brown]

The Minister has said that the consultation has already closed, but the whole point of the Lords amendment is to oblige the Government to consult on draft regulations when they bring them forward and to publish impact assessments. If the consultation has already closed, that proves that there will be no transparency going forward, does it not?

--- Later in debate ---

[Kevin Hollinrake]

As always, I entirely agree with all the points that the hon. Gentleman has made. Of course strikes should be a last resort, and workers should be able to take industrial action when they feel their voices are not being heard. I do not think there is anything in the Bill that cuts across that. Hon. Members may disagree, but that is our position, and it is a position we have maintained throughout the passage of the Bill.

[Alan Brown]

Will the Minister give way?

[Kevin Hollinrake]

No, I have given way twice to the hon. Gentleman.

The Government maintain that there must be a responsibility for unions to ensure that their members comply. Without that, and without any incentives for employees to attend work on a strike day when identified in a work notice, the effectiveness of the legislation will be severely undermined. Unfortunately, I do not consider that these amendments are a meaningful attempt to reach agreement. I fear that we are having a somewhat repetitive debate that is delaying us getting on with the important business of minimising disruption to the public during periods of strike action, and I encourage this elected House to disagree with the amendments.

--- Later in debate ---

[Mr Speaker]

I call the SNP spokesperson.

[Alan Brown]

I want to start by simultaneously condemning and praising the Lords, because although I still disagree with the premise of unelected peers for life, I respect the work ethic of some of those who have been trying to improve this God-awful Bill. It also shows that, while the Tories can stuff the place with their cronies and donors, the issue with cronies and donors is that they cannot be bothered to turn up, do their work and vote accordingly, as in the case of Baroness Mone, who is absent after pocketing millions of pounds for selling dodgy personal protective equipment to the NHS. On the Lords as an institution, we have a perfect illustration of the Labour leader’s continued flip-flopping. Overnight he has gone from wanting to abolish the Lords to now planning to stuff it full of Labour peers when he gets into government. It is pretty shameful.

I am disappointed that the Lords did not hold out on an amendment to restrict the Bill’s extent to England only, which would recognise the position of the devolved Governments.

I commend the Lords in their consistency on other matters pertaining to the Bill. Lords amendment 2B would require the Government first to publish draft regulations, and then to undertake impact assessments on their effects and to consult with representatives of trade unions and employees. That is hardly an onerous request—in fact, it is just putting in place basic transparency. Throughout the Bill’s passage, the Tories have been eager to tell us that it is about health and safety, minimum service levels and allowing the public to get to work. If that is the Bill’s real intent, and it is not a draconian attack on the rights of workers to strike, surely the Government should be willing to comply with the requirements of Lords amendment 2B.

Paragraph (c) of the amendment perfectly encapsulates the rhetoric of the Tory Government about balancing the impact of regulations on the general public with complying with workers’ rights to strike. Given all the quotes and speeches from Tory Ministers and Back Benchers, surely they should be content with the amendment and be confident that they can comply with it and set out the aims of any draft legislation, allowing the public to understand its intent and impact. If the Government were true to their stated aims, the amendment could mean them backing trade unions into a corner with transparency. At a stroke, the amendment would take away claim and counter-claim on the impacts of any regulations, as the impact assessments and consultations would be crystal clear to everyone involved. What is it that the Government are objecting to, because the Minister certainly did not make that clear earlier? The Minister said that the consultation is already closed, which means there is no transparency going forward.

In voting to disagree with the previous Lords amendments, the Government said that it was because the Bill already contains adequate consultation requirements. I have already illustrated that the Government are completely at it with that statement. If we look at proposed new section 234F of the 1992 Act, the Secretary of State is required only to consult such persons that he or she considers “appropriate”. That clearly leaves the door open to consult nobody at all.

Subsection (5) of proposed new section 234F advocates that any consultation requirements can be satisfied before the passing of the Bill. How is that even logical? According to the Government, adequate provision takes the form of consulting who they decide they want to consult, and in the absence of any doubt, any past consultation, past Government rhetoric or past announcements will count as satisfying these non-consult requirements. That is certainly a much easier pathway for the Government than having to bother to undertake impact assessments, proper consultation and parliamentary scrutiny in the form of a Joint Committee to review these impact assessments. The reality is that, with Lords amendment 2B, Parliament has a choice to take control or to cede unlimited powers to a Secretary of State.

Turning to Lords amendment 4B, I refer to the Government’s response to Lords amendment 4, which shows their real intent. They have said that the reason for objecting to Lords amendment 4 is

“in order for the legislation to be effective, it is necessary for there to be consequences for an employee who fails to comply with a work notice.”

The Government rationale is clear that the legislation is intended to be the “sack the workers, sack the nurses, sack the doctors and sack the train drivers Bill”, plain and simple. Forget the pretence that this legislation brings the UK into line with other countries that the Government keep telling us have minimum service levels legislation on the right to strike, because this legislation brings the UK into line not with other democracies, but with Russia and Hungary.

Lords amendment 4B provides some protection for workers—protection from malicious employers and protection for individual workers and, in particular, union representatives to stop them being targeted by employers. Surely the Government must agree with proposed new subsection (1) under Lords amendment 4B that a person is not subject to a work notice if they have not received it. This Government demand that people prove who they are before they can exercise their right to vote, but at the same time they seem to believe that a worker can be sacked for not complying with a work notice they have not actually received. It is preposterous. Proposed new subsection (2) confirms that the employer has to prove that the work order was served and received in compliance with subsection (1). Any decent employer would do that anyway, but it makes sense for an employer to have to prove that to ensure no unfair dismissal claims. Otherwise, I return to the point that the sacking of workers is clearly a key outcome and sanction that this Government intend.

No longer is there any need for illegal secret blacklisting, because all employers now have to do is the sack awkward squads for not complying with notices they did not receive. That is how open to abuse the legislation is in its current form, and it is outrageous that the Government are moving against Lords amendment 4B. They are bringing in legislation to make it easier to sack workers when we do not have enough workers to fill vacancies. It is truly perverse that the Government are sticking with such draconian legislation to make it easier to sack key workers.

--- Later in debate ---

[Kevin Hollinrake]

Any person who is legislated for in these measures should be able to go on strike, subject to minimum service levels. It is quite clear, and we have been consistent all the way through.

In response to the hon. Member for Kilmarnock and Loudoun (Alan Brown), our objection to the amendments is the delay that they will cause. We want to ensure that people can go about their daily lives. The right hon. Member for Hayes and Harlington (John McDonnell) raised some points about reasonable steps. Unions will not somehow have to compel people to go to work; we are asking them to undertake reasonable steps to ensure that people comply with a work notice. In fact, we were willing to set out in the Bill what those reasonable steps would be, but the right hon. Gentleman’s counterparts in the other place rejected such measures.

The hon. Member for Leeds East (Richard Burgon) talked about the independence of unions; of course we respect that. It is true that if a union fails to take reasonable steps, the strike would be unprotected, as it would if the trade union failed to meet other existing requirements in the Trade Union and Labour Relations (Consolidation) Act 1992, such as balancing requirements. This is not a departure from the existing position.

[Alan Brown]

The Minister keeps talking about wrecking amendments, but how is obliging an employer to ensure that an employee has received a work notice a wrecking amendment?

[Kevin Hollinrake]

I draw the hon. Gentleman’s attention to other points in Lords amendment 4B: proposed new section 234CA(4) of the 1992 Act is a wrecking amendment because it says there is no contractual obligation for someone to comply with a work notice. That drives a coach and horses through the Bill.

The hon. Member for Glasgow South West (Chris Stephens) talked about how other jurisdictions deal with requiring people to go to work under a work notice. He may be aware that in France, people can be subject to criminal charges if they do not comply with a work notice. These are proportionate measures. We must make the view of the elected House as clear as possible, and avoid any further delay to fulfilling our duty to protect the lives and livelihoods of those we represent.

Question put, That this House disagrees with Lords amendment 2B.

Strikes (Minimum Service Levels) Bill

Alan Brown Excerpts

Consideration of Lords message
Monday 17th July 2023 Commons Chamber

[Kevin Hollinrake]

As I have said, we intend to consult with all parties to make sure that they have a chance to comment on what reasonable obligations a union might be required to take. I think that it is pretty straightforward, and, indeed, unions will be familiar with the code of practice on picketing that was issued under section 203 of the 1992 Act. This code will be subject to statutory consultation, including consultation with ACAS, and to the approval of Parliament. The consultation will give trade unions, employers and any other interested parties an opportunity to contribute to practical guidance on the steps that a union must take in order to make it as practicable, durable and effective as possible.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

If the Minister is so willing to consult, why is he rejecting an amendment which confirms that there should be a consultation?

[Kevin Hollinrake]

We are not happy with a number of other parts of the amendment. We are proposing a measure that we have already proposed in earlier debates. It is, of course, up to those in the other place to decide how they take their amendments forward, but we believe that this is fair. We are satisfied that it is an effective way to provide for clarity, and that the individual consultations for specific minimum service levels in relevant services required by Lords amendment 2D are not needed. The real impact of the amendment would be a delay in the implementation of minimum service levels, given the additional and lengthy consultation and parliamentary requirements which we strongly suspect are its purpose. Unnecessary delays in the protection of the lives and livelihoods of those whom we have been elected to represent cannot be justified.

--- Later in debate ---

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Scottish National party spokesperson

[Alan Brown]

It is a pleasure to follow the shadow Minister, the hon. Member for Ellesmere Port and Neston (Justin Madders). I agree with all his comments, but I hope that Labour stays resolute on this. If it comes into government, we do not want to see another U-turn, given what we heard at the weekend.

The Minister put forward the myths again about how this Bill is about saving lives and livelihoods. I do not know how he can talk about saving livelihoods, as he is bringing forward a Bill that is going to allow workers to be sacked more easily. Workers’ livelihoods are at stake because of the Bill and the intentions behind it. I would like to put on record my thanks to the Lords for the fight they have brought on this, but I am a wee bit disappointed that the Lords amendment is only about the consultation. Even if we manage to defeat the Government tonight, the Lords amendment does not provide any additional proper protections for the unions or the workers, because it is all about consulting. At least consulting would draw out some transparency, because the Government would need to publish responses and allow the House or a Joint Committee to debate those. In itself, however, the amendment does not provide any additional protections.

[Andy McDonald (Middlesbrough) (Lab)]

Does it not speak volumes about the way in which this Government conduct their business that they go through a consultation process and are not prepared to publish the results of that consultation? What have they got to hide?

[Alan Brown]

That is a fair point. Obviously, I cannot answer on what the Government have to hide, other than to say that we know about a raft of answers that show how unworkable and prejudiced this Bill is.

Subsection 5(b) in the amendment is about consulting the ILO. The Government keep telling us that this Bill brings the legislation in the UK into line with international norms, but it clearly does not; the ILO has said that the UK already has some of the most draconian strike legislation, even before this Bill. So there is no doubt that the Government are frightened to consult the ILO because they are frightened about the answers that will come back and the evidence about how draconian this really is that will be put into the public domain when it is published.

As I say, it looks as if the Lords are going to back down after this. There is no more scheduled business to allow further consideration of the Lords message, which suggests they are not going to push the amendment beyond that. That is disappointing, especially given that the Government have tried to argue before that this is a manifesto commitment. The actual manifesto commitment was to require a minimum service for transport. That commitment is not as wide ranging, so the Lords would be completely justified in continuing to resist for as long as possible.

As the shadow Minister said, because the amendment is to consult, as opposed to what was set out in previous amendments, unions are still at risk of facing big fines. Unions are still going to comply, effectively helping employers disrupt strikes and single out workers. Worst of all, workers can now get sacked for not complying with a work notice that they have not received.

Why the Government would not even consult and publish an impact assessment on that is beyond me. Again, they know that it allows employers to unfairly discriminate, pick out the awkward squad, then discipline and sack them, with no recourse to a tribunal. Welcome, Madam Deputy Speaker, to 21st century authoritarian Britain, where sacking workers like that brings the UK in line with Russia and Hungary, not the international norms, although the Minister and Government try to tell us otherwise.

I will be voting against the Government motion to disagree with the Lords. I hope the Lords do not give up the fight, but I am frightened they will. That is why we want away from this Union, because it is certainly not working for anybody.

[Richard Burgon (Leeds East) (Lab)]

The Minister has let the cat out of the bag in relation to the Government’s attitude to this dreadful Bill and to amendment 2D from the other place. The Minister objected to Lords amendment 2D because it would delay the implementation of the Bill. Let us be clear: the Bill makes history for all the wrong reasons. It is the biggest attack on the role of our trade unions in our democracy for many a long year. Why are the Government so desperate to rush the Bill through? One almost thinks they cannot stomach the idea of even a small delay because they want it to be presented at the Conservative party conference as a bit of red meat to the party faithful—classic anti-trade union politics and trade union bashing.

Let us think about where we are in terms of industrial relations. The Bill, which the Government do not want to consult on properly, comes shortly after over 100,000 nurses in this country voted to take strike action—the result in that recent ballot was that 84% of nurses who cast a vote did so to take strike action. However, because of the Government’s dreadful Trade Union Act 2016, an 84% vote in favour of strike action does not count, is worthless and does not result in strike action, because the turnout was 43%.

The Government helped drive down the turnout by not allowing people to vote by electronic ballot. The former Prime Minister, the right hon. Member for South West Norfolk (Elizabeth Truss), who made such a mess of this country in her short tenure, was elected by electronic ballot of Conservative party members. Not allowing people to vote by electronic means reveals the contempt the Government have for the biggest voluntary organisations in our society—the trade union movement. They will not even give workers in our country the modern dignity of being allowed to vote online or in the workplace.

The Government object to Lords amendment 2D and do not want to consult on it. Is that any wonder? The greater the consultation that takes place in relation to this abhorrent Bill, the more it becomes clear that the Bill is a complete offence. Let us be clear: the Bill, which the Government do not want to have a proper consultation on, requires trade unions to take reasonable steps to get their own members to break trade union picket lines. This Bill requires trade unions to completely change their function in our democratic society. It is the job of a trade union to persuade trade union members to honour a strike vote, not to break a strike. We see the hand of this authoritarian Government attempting to extend into our trade unions, trying to try to use them as a tool of the state to do the bidding of a Conservative Government, or the bidding of employers. The Bill is rotten and it is no wonder that the Government do not want to consult on it. Any fair-minded person, whatever their politics, would realise that that is not the function of trade unions in our society. We have heard Ministers boasting about how this will result in people being sacked if they do not comply with the requirement to go to work.