Strikes (Minimum Service Levels) Bill

Angela Rayner Excerpts

2nd reading
Monday 16th January 2023 Commons Chamber

[Angela Rayner (Ashton-under-Lyne) (Lab)]

First, let me declare an interest as a proud lifelong trade unionist. I regret the tone of the Secretary of State’s speech today. If he is implying in any way that Members of the House do not care about their constituents or put their constituents first, or that members of our vital public services who got us through the pandemic do not take the safety of the people they look after seriously and would walk away, I think he should reflect on his comments.

I have been a Member of this House for some seven years now, and I cannot recall a measure that is at once so irrational and so insulting. Not only is this legislation a vindictive assault on the basic freedoms of British working people, but it is as empty of detail as it is full of holes. We will oppose the sacking of nurses Bill, and it is not just about nurses but about the many key workers who we clapped and who kept our services going in the face of the pandemic. We will vote against this legislation tonight, and the next Labour Government will repeal it.

We are in the middle of an economic crisis of the Government’s making. Working people are facing the largest fall in living standards in a generation. [Interruption.] The Secretary of State keeps shouting “Putin”, but what about Liz Truss?

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order.

[Angela Rayner]

What about the Conservatives crashing the economy? The Secretary of State forgets the fact that inflation has gone through the roof under their watch. Thirteen years of Conservative failure. Members watching this debate and constituents up and down the country know the truth, and they will tell this Government what they think, come the next general election.

Working people are facing the largest fall in living standards in a generation. In-work poverty, insecure work and financial insecurity are rampant. Inflation is in double digits. It is in this context that we have seen the greatest levels of strike disruption in 33 years, with ambulance workers taking their first major strike action in decades and the first ever strike in the history of the Royal College of Nursing. Our posties, train drivers, Border Force, health workers, train cleaners and even Ministers’ own officials have taken action too. The Prime Minister will not admit it, but this is a crisis and it is a crisis of the Government’s making. This legislation does nothing to resolve the problems that they have caused. There is no common sense in it at all.

[Kim Leadbeater (Batley and Spen) (Lab)]

I declare an interest as a proud trade union member. Does my right hon. Friend agree that this legislation does nothing to address the underlying reasons NHS staff and others have taken the incredibly difficult decision to strike? We are going to spend a number of hours in here this evening, but surely that time would be much better spent by the Government getting round the table with members of the NHS, listening to their concerns and coming to a resolution that would help to move things forward, rather than wasting our time here this evening on this horrible piece of legislation.

[Angela Rayner]

I thank my hon. Friend for that contribution and I absolutely agree. I was reflecting while the Secretary of State was making his opening speech, and I was thinking that, if I still worked in social care or one of the key public services—if I was paramedic, a nurse or one of those key workers he mentioned—and I was listening to this debate, I would be really upset and offended by the way he represented them here today. That is not what the Labour party thinks of those key workers.

The Secretary of State has claimed that this legislation is about public safety, so why does the Bill not mention safety once? He knows full well that working people already take steps to protect the public during strikes through derogations and voluntary agreements, yet he brazenly claims that this punitive legislation is needed because of ambulance workers. That is insulting and shameful, and I think he should apologise for the way in which he has awfully smeared ambulance workers.

[Chris Stephens (Glasgow South West) (SNP)]

I thank my Unison comrade for giving way. I am not a member of the parliamentary Labour party, but I am a proud trade unionist. Will my good friend remind the House that section 240 of the Trade Union and Labour Relations (Consolidation) Act 1992 guarantees that trade unions will agree to provide life-and-limb cover during an industrial dispute, because failure to do so could result in a custodial sentence? This Bill is therefore completely unnecessary.

[Angela Rayner]

I absolutely agree with my friend. We may not be in the same party, but we are in the same trade union.

These brave, hard-working men and women struck local life-and-limb deals on a trust-by-trust basis ahead of all the strikes. [Interruption.] The Secretary of State says it is trust by trust, but it is the best way to ensure that the right care is provided, and those employers know that. When I was a home help, we always put patient care first. We negotiated to ensure minimum safety levels, which is more than I can say for the Secretary of State for Health and Social Care, under whose watch we have seen excess deaths and an increasing crisis in the NHS.

[Ellie Reeves (Lewisham West and Penge) (Lab)]

I, too, declare an interest. As a proud trade unionist and trade union lawyer for many years before entering Parliament, I represented striking workers day in, day out. I know that no worker takes the decision to strike lightly. These strikes have been caused by the cost of living crisis caused by this Conservative Government. Does my right hon. Friend agree that this Bill is just a further attack on workers’ rights, like the anti-trade union legislation passed by this Government in 2016? It is just another attack on working people who keep us safe, day in and day out.

[Angela Rayner]

I absolutely agree. People watching this debate can see from the Secretary of State’s opening remarks, and from his previous remarks, what this is: a smokescreen about allegedly needing minimum service levels. We know that because, last autumn, his own Government assessed that minimum service levels were not needed for the emergency services due to existing regulations and voluntary arrangements. We all want minimum standards of safety, service and staffing levels, and we want them every day, but it is the Minister who is failing to provide them. Instead of holding them to account, they Government are seeking through this Bill to grab sweeping new powers to impose burdens on employers and to remove basic rights from workers across our public service. This is an attack on every nurse, health worker and firefighter in the country. They have gone from clapping nurses to sacking them.

[Charlotte Nichols]

My mam is a member of the National Union of Rail, Maritime and Transport Workers, as I have previously noted in the House. It is interesting to hear what the Secretary of State says about the need for this Bill and legislation more widely because he was previously Secretary of State for Transport, and the only negotiations that have not been settled with the RMT are the ones in which the Department for Transport is involved. Every other dispute with the RMT has been resolved. So is this Bill not just covering up his failure to negotiate basic trade union agreements?

[Angela Rayner]

My hon. Friend makes some important points. We can all see from the reports on the negotiations that there was genuine hope we could get to a settlement, and then the Government decided to bring in new conditions at the last minute to make sure that the dispute continued. It is the Government, not the trade unions, who are acting militantly and who do not want to resolve these disputes.

The Government should also reflect on the key workers and other workers who will be affected by this strike action, and who the Secretary of State says are putting lives at risk. Even if they are not a key worker, I am pretty certain that most people, like my hon. Friend the Member for Warrington North (Charlotte Nichols), have a friend, relative or someone they know who is. We all think they are heroes, and we all know they have their patients, the people they look after and the services they provide at the forefront of their mind.

No one wants to take strike action, least of all the workers who lose a day’s pay. I have long urged Ministers to do their job and resolve the underlying problems, but instead they have presented a Bill that tries to remove hundreds of thousands of workers’ historic right to withdraw their labour.

If the Secretary of State for Transport mandates that 50% of trains need to run on strike days, he knows that Network Rail will mandate that all signal operators need to work, because signals are needed even if just two trains are running. How can the Secretary of State for Business, Energy and Industrial Strategy say this Bill does not remove their right to strike? I know many Conservative Members will say that they respect, even champion, civil liberties, and I am sure they mean it, but with this Bill they are burning the freedoms for which we fought for centuries and are handing to Ministers unprecedented power over the individuals who are targeted. It is not just wrong in principle; it is unworkable in practice.

[Dan Carden (Liverpool, Walton) (Lab)]

I declare my interest as a proud trade unionist. I meet striking workers on an almost weekly basis at the moment, and I know that working people are often targeted by employers during a dispute. This Bill hands employers the right to decide which worker goes to work and which worker can go on strike. Does my right hon. Friend share my concern that this could allow bad bosses to victimise and target workers?

--- Later in debate ---

[Angela Rayner]

I absolutely agree with my hon. Friend.

This legislation

“is not a solution to dealing with the industrial action we see at the moment.”

Those are not my words but the words of the Transport Secretary in December. This Bill could increase the frequency of strikes and the

“numbers of staff taking action short of striking”

and lead to employers finding that they are “low on staff.” Again, those are not my words but the words of the Department for Transport’s impact assessment. Minimum service levels are “not a game-changer” and could

“promote more industrial action than they mitigate.”

That is not me speaking but the senior Conservative adviser who developed the policy. The jury is in. These measures will not work, cannot work and will only make things worse.

[James Sunderland (Bracknell) (Con)]

I remind the House that we have a number of sectors in the UK in which employees are not allowed to strike, namely the armed forces and the police. These people always turn up, often at times of crisis, and work without complaint to provide minimum service levels, and they do it on pay and conditions that are often inferior to what the unions are currently demanding. May I ask the right hon. Lady to present an argument for why this provision should not be extended elsewhere?

[Angela Rayner]

I am glad the hon. Gentleman got the crib sheet from the Whips. There is a complete and utter lack of clarity about what these measures will mean for the six sectors to which they will apply. In nuclear decommissioning, for example, staff already have voluntary arrangements. How will Ministers define minimum service in this sector? Will they require just a teeny bit of decommissioning? What about health? Will Ministers seriously sack doctors, nurses, paramedics and vital support staff at a time of critical NHS staff shortages? Apparently not, if the Government sources reported this week can be believed. Does the Secretary of State for Business, Energy and Industrial Strategy deny that the Health Secretary has told others to lobby the Prime Minister for improved pay offers? And can he really say that the Health Secretary believes this Bill will help the NHS?

The Bill states that all transport services will be covered, but the industry is largely in the private sector. Does the Secretary of State expect, for example, self-employed cabbies to serve work notices to themselves? There seem to be a split here, too; I hear that the Transport Secretary has given rail companies permission for new pay offers, and we already know his views on minimum service levels.

Let us move on to education. Will our overstretched headteachers be forced to write and serve work notices in their own staffrooms? Does the Business Secretary agree with the Education Secretary that imposing these regulations on schools would be a hostile act?

Let us turn to fire and rescue services. Has austerity not already made it impossible for some services to meet existing contingency regulations as it is? Will the Business Secretary of State leave it there, or will he just go for broke and ban all key workers from joining a union at all? That is something we know his desperate Prime Minister has been considering.

[Brendan Clarke-Smith (Bassetlaw) (Con)]

The right hon. Lady mentions the issue of pay and speaking to unions to resolve this dispute. Can she tell us what level of pay she thinks, and the Labour Front-Bench team believe, is appropriate? Would it be in line with inflation? Would it be more than inflation? How exactly would Labour solve this dispute?

[Angela Rayner]

I will just educate the hon. Gentleman: although I used to be a trade union official and I am a member of a trade union, I do not negotiate on behalf of a trade union. But what I would do is sit around the table and resolve this dispute with the trade unions. That would be better than what the Conservatives have done.

I come to the liability this Bill places upon trade unions. It says that trade unions must take “reasonable steps” to ensure workers comply with work notices, but what would they be? Will trade unions be liable for non-union staff? As for the burden put on employers, have they welcomed the bureaucratic nightmare that they will face? How will our already overstretched public services spare the resources to work out how many workers are needed to meet the minimum service levels the Secretary of State arbitrarily imposes on them, and to identify which workers should come into work and which should not? What will these bodies have to do? Will they have to do this before each and every strike day?

[Paul Holmes (Eastleigh) (Con)]

I would like to try again on this, because the right hon. Lady aspires to be Deputy Prime Minister and wants to negotiate with the unions in future. Will she outline for the House, because the Labour party has been very quiet on this, whether she backs a 19% pay increase for nurses? What costing has her party put forward as to how much she would award in pay rises to those public sector workers?

[Angela Rayner]

What I can say is that the Labour party would not have crashed the economy like the Conservatives did. We would not have inflation at the record levels we have at the moment. We would not have the disputes we have at the moment because we would negotiate with the trade unions and find a settlement.

What protections are in place to prevent unscrupulous employers from targeting trade union members with work notices? Or is this legislation a licence for blacklisting? The Secretary of State is hiding behind warped misunderstandings of the International Labour Organisation’s statute book and misleading comparisons with Europe. The ILO says that minimum service levels can happen only when the

“safety of individuals or their health is at stake”.

Can he explain how that relates to the list of sectors in the Bill? This Bill also makes no provision for the compensatory measures the ILO requires alongside such regulations. Countries such as France and Spain may have minimum service levels, but they have not averted strikes there; both lose far more days to strike action than the UK.

This Bill is a mess. It makes no sense. It has more holes in it than the last Chancellor’s Budget, yet we are being given next to no time to scrutinise it. This legislation hands far-reaching powers to the Secretary of State to not just impose minimum service levels, but decide what those levels would be. The legal commentator Joshua Rozenberg has called clause 3

“a supercharged Henry VIII clause.”

Where is the consultation the Secretary of State promised? Where is the impact assessment? The Regulatory Policy Committee says, in a scornful statement today, that it has not even received it yet. So why have the Government given only five hours for debate on the Floor of the House?

Let us look at what this Bill is really all about: a Government who are out of ideas, out of time and fast running out of sticking plasters; a Government who are playing politics with nurses’ lives because they cannot stomach negotiation; a Government desperately doing all they can to distract from the economic emergency they have caused. We have had 13 years of failure, and working people of this country cannot take any more. What this whole sorry episode makes clear is that this country needs a Labour Government. The Conservative party has proven itself incapable of cleaning up its own mess, and the disruption of the past few months simply would not be happening under Labour.

[Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)]

It is difficult to listen to the Secretary of State accuse workers who have devoted their lives to life saving, whether they are fire workers, doctors or nurses, of putting others at risk. As for the arguments that this is too expensive or too difficult, today Oxfam announced that $21 trillion went into the pockets of 1% internationally during the global pandemic. Does the right hon. Lady agree that there is enough money but it is just in the wrong pockets?

[Angela Rayner]

The hon. Gentleman makes some important and valid points. In the past 12 months to two and a half years, we have seen the unravelling of the VIP fast-track lane for people linked to the Conservative party—that was a waste of billions of pounds that could have gone into investment in our public services. The public have seen 13 years of Conservative failure. Most of the public who are watching this debate today can ask themselves one question: do they feel better off after 13 years of the Conservatives? The answer to that question is no, unless of course they are in that 1%, with a WhatsApp number of a Government Minister.

Labour would have resolved these disputes a long time ago, by getting back around the negotiating table in good faith and doing a deal.

[Geraint Davies (Swansea West) (Lab/Co-op)]

Is my right hon. Friend aware that the Labour Government in Wales were given more than £1 billion for personal protective equipment and test, track and trace, and spent only £500 million? If we had had that level of savings, instead of having Tory crony donors putting their hand in the till, it would have aggregated up to a saving of £11 billion, as against a total pay cost to the NHS of £56 billion? In other words, we are talking about 20% of the annual pay for all nurses and all health workers. So does she not agree that if we had a Labour Government, we would have more money to provide decent wages for those in our health service?

[Angela Rayner]

I absolutely agree with my hon. Friend; not only would we have grown the economy—and we have a plan to grow the economy, unlike the Conservatives —but we would not have wasted billions of pounds and we would not have crashed the economy like the Conservatives did.

This Government are not working and this Bill is unworkable. The sacking nurses Bill is one of the most indefensible and foolish pieces of legislation to come before this House in modern times. It threatens teachers and nurses with the sack during a recruitment and retention crisis, and mounts an outright assault on the fundamental freedom of working people, while doing absolutely nothing to resolve the crisis at hand. We on these Benches will vote against this shoddy, unworkable Bill, and I urge every Member across this House who cares for fundamental British freedoms, and who knows that the only way to resolve disputes is by negotiating in good faith, to join us in standing against it this evening.

Strikes (Minimum Service Levels) Bill

Angela Rayner Excerpts

Committee stage
Monday 30th January 2023 Commons Chamber

[Kevin Hollinrake]

I will make some progress.

We clearly want to resolve these disputes, but we must do it in an affordable way. An inflation-matching pay increase of 11% for all public sector workers would cost £28 billion, which would put just under £1,000 on to the bills of every household in all our constituencies. That is on top of the Opposition’s spending plans, which would add £50 billion of recurrent costs annually on to our economy, where we are already running a £175 billion deficit. As we have seen in recent months, we cannot take the market for granted, so that level of borrowing is absolutely unsustainable.

The disputes are already costing our economy and threatening businesses and livelihoods. The estimated cost to the economy so far is £6 billion, including £2.5 billion to the already challenged hospitality sector. I will conclude my comments there. I am happy to hear contributions from hon. Members on both sides of the Committee. I will listen with interest and look forward to responding later.

[Angela Rayner (Ashton-under-Lyne) (Lab)]

I draw the House’s attention to my entry in the Register of Members’ Financial Interests, because I continue to be a proud trade unionist and I am proud to represent my constituents in the Chamber when I speak today.

We are in an absurd situation: we are back to debate the Conservatives’ sacking nurses Bill—[Interruption.]— not just nurses, but millions of other key workers. The Bill is controversial and divisive, and as irrational as it is impractical. It is strongly condemned by all Opposition parties.

Some 110 amendments and new clauses have been selected for consideration today, including more than 35 tabled by the Labour Front-Bench team. Given that we have had just a few days to draft and table them, that is quite some feat. We will have only five hours to debate those amendments, however, with no reasonable timetable; there would have been more if we had had that. We have had no line-by-line scrutiny of the Bill and we are unable to hear any evidence. The Government have simply prevented the House from doing its job, so it will be left to the other place to scrutinise the legislation properly, which should be a major concern to us all.

[Ellie Reeves (Lewisham West and Penge) (Lab)]

Under this legislation, workers can be sacked for taking strike action that has been agreed in a democratic ballot, which is a gross infringement of working rights and goes against the long-established principles set out in the Trade Union and Labour Relations (Consolidation) Act 1992. It also goes against the pledge in the 2019 Queen’s Speech, which said that sanctions would not be directed at individual workers. In the light of that, does my right hon. Friend agree that we simply have not been given enough time to debate a Bill that goes against everything that we stand for?

[Angela Rayner]

I absolutely agree with my hon. Friend that Labour stands against this sacking nurses Bill—the Minister chuntered earlier about that not being the case; if he would like to prove that, then the Government could accept our amendment that would resolve the unfair dismissal situation.

We oppose the Bill in the strongest terms on principle and by virtue of the serious flaws that render it utterly unworkable.

[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

Does the right hon. Lady think it is right that the police are restricted from taking strike action? If she does, why does she oppose similar restrictions on other important public services?

[Angela Rayner]

The hon. Member should know, because of what has happened recently, that members and those who deliver critical public services have voluntary agreements to ensure that “life and limb” services are covered. The Bill, however, would restrict trade unions’ rights—which are already among the most restricted in the evolved democracies anywhere in the world—and further, goes from clapping nurses to sacking them. I hope he will vote with us tonight, at least on our amendments, if he does not want to see that happen.

The Secretary of State says we need this Bill to ensure safety levels on strike days, slandering the brave and hard-working ambulance workers as he goes and ignoring the “life and limb” deals that workers already agree. What about our constituents who cannot get an ambulance on any day, such is the crisis in the NHS? The Prime Minister admitted today the serious challenges facing the health service, and he is right, but it is his Government’s duty to protect the public’s access to essential services. The public are being put at risk every day due to this crisis of his own Government’s making.

Lives and livelihoods are already being lost. What about the commuters stopped from going to work because of the failing rail companies in the north? If the Prime Minister really cared, he would insist on fixing the broken public services we have today because of 13 years of Conservative failure. If they were confident of their case, why not agree to amendment 3 and provide us with reports on safety and service levels on any given day in transport, health, education and so on? Or are they just playing politics to distract from their 13 years of failure?

[Barry Gardiner]

Does my right hon. Friend understand that the Government are authorising employers to do what not even a court in this country can? Under the Trade Union and Labour Relations (Consolidation) Act 1992, no court can compel an employee to do any work or attend any place for the doing of any work, but after a notification to a union of the identity of workers to be requisitioned, the Bill requires the union to take reasonable steps to ensure that all members of the union identified in that work notice comply with it. Is that not absolutely turning the whole system on its head?

[Angela Rayner]

I absolutely agree with my hon. Friend. These are the fundamental freedoms that underpin our democracy. Conservative Members should be very concerned about what the Government are trying to do; even Henry VIII would be spinning in his grave and absolutely astonished. If, as the Secretary of State and his Prime Minister say, the International Labour Organisation backs their plans, why did the ILO director general slam them? Why did President Biden’s Labour Secretary raise concerns too?

The Secretary of State says that threatening key workers and tearing up their protection against unfair dismissal is necessary. Nurses, teachers, ambulance workers, cleaners, border staff, firefighters, rail workers, bus drivers and nuclear decommissioners—all threatened with the sack in the midst of a recruitment and retention crisis. If that is not the purpose of the Bill, Government Members have the chance to join the Opposition in voting for amendment 1 and removing the sacking key workers clause. I am happy for the Minister to intervene to confirm that he is happy to accept that amendment, and then we can move on. No? Okay.

I also want to draw attention to the gaping holes in the Bill. The Secretary of State would have not just the power to set, impose and police minimum service levels, but to amend, repeal and revoke primary legislation—not just existing Acts but future Bills. We might pass a Bill only for a Minister to rewrite it by statutory instrument the next day. Why on earth do the Government need this power? Are they admitting that future legislation will be badly drafted, or are their motives more sinister? If those are the powers they seek, the least we can do is ensure that those regulations are made under the affirmative procedure.

If there is nothing to fear, the Government can show it by accepting amendments 100 to 102 tonight. Riddled with holes, the Bill gives sweeping powers to a power-hungry Secretary of State.

Why should minimum service levels apply to strikes that have already been balloted for? Would the Minister propose retrospective legislation in any other circumstances? Surely this would undermine attempts to find a resolution to the current disputes, prolonging the pain that the Government are hellbent on putting the public through. Or is it that the Government offer no solution because they caused the problem?

--- Later in debate ---

[Angela Rayner]

I absolutely agree with my hon. Friend, and here is the rub. I think it is the reason for the latest poll out today on support for the action that trade unions are taking. It is not because the general public like the inconvenience. Of course we all want strike action to be avoided, but the public can glaringly see through the Government’s defence—that this legislation is needed because we need minimum service levels—because they have seen ambulance workers, nurses, and all other key workers fighting for this country and protecting people when this Government cannot provide the minimum safe service level at any other time, during any other week, when there is no strike action. It is this Government who are failing the British people and not providing the level of care, not our key workers, not our nurses, not our teachers and not our firefighters. They are the ones supporting our key public services, and I applaud them for doing that.

The Bill also allows bosses to target union members with work notices. What is to stop that happening? Will trade unions be liable for the actions of non-members? What about when there is no recognised trade union? What reasonable steps will a trade union need to take? Will it be penalised for picketing, or could the simple existence of an otherwise lawful peaceful picket line be effectively banned? The Secretary of State claims to stand up for the democratic freedom to strike. Where are the protections to ensure that work notices do not prevent legal industrial action, or the requirements on employers to take reasonable steps to make sure that they do not, either intentionally or not? Can he really say that not one worker will be banned from action by simply being named in every work notice? What about workers in control functions on the railways, such as fleet managers, route managers and maintenance managers, who would be forced to work regardless under this law?

If the Secretary of State does not care about workers, what about the burden on the employers? Does he seriously think that overstretched public services have the resources to assess new minimum service laws—to work out who needs to be in work, how many people and where, before every single strike day? Should we not promote good-faith negotiations instead? If only the Government put their time and their effort into doing the one thing that will resolve this crisis: negotiating with the employers and the workers in good faith. There are reports that some Ministers are seeing the light and are ready to negotiate. The Transport Secretary admits that these measures will not work; the Education Secretary sees the damage they will do to schools.

As is normally the case in Committee upstairs, we have tabled probing amendments—for example, why these six sectors? Will the Secretary of State add more, and how are they defined? Do health services include veterinary services, dentists or pharmacists? What about parcel delivery, ferry and waterway services, or steam railways? Does he mean to include private schools? Will he regulate minimum service levels for Eton?

The Government are running away from scrutiny precisely because they know that this Bill will not stand up to it. Does the Secretary of State not accept that first we need to see the assessment by the Joint Committee on Human Rights and inquiries by the relevant Select Committees, and that all promised consultations must be completed and published before the Act comes to pass? I know the Minister understands the challenges with legislation and the need to ensure that those affected are consulted properly, so I do not understand why he stands at the Dispatch Box today and does not want, as a minimum, these things to have happened before legislation is passed.

Who is the Secretary of State planning to consult? Will he consult the trade unions and employers affected? Why has he failed to publish the impact assessment that he promised? The Bill has nearly passed through the lower House and we have still not had any sight of it. This is near unprecedented and deeply anti-democratic. Even the Regulatory Policy Committee has not seen it. Is the Secretary of State scared that the impact assessment will speak the truth—that it will conclude that this legislation is unneeded and will actually make things worse?

[Rachael Maskell (York Central) (Lab/Co-op)]

My right hon. Friend is making an excellent speech. The Minister should go on a field trip to really understand what happens with these agreements. The paramedics on the ambulance service picket line carry bleeps, as do those in the NHS, so that they can provide surge staffing when that is required. That is an ongoing dialogue throughout the day and the minimum standards in the Bill will not address that. Does my right hon. Friend agree that the standards are therefore superfluous because they will not address the day-to-day, minute-by-minute needs of the health service?

[Angela Rayner]

I absolutely agree with my hon. Friend. Her point links to what I was trying to express earlier: the Government fail to recognise that every time they suggest in some way that our paramedics, nurses and other key workers do not provide a minimum service and do not take seriously the impact of challenging in the way they have been forced to. They protect the very people they are there to support. The Government have misjudged how people feel about that, because not only have they caused offence to those workers who protect us day in, day out, but they have failed to recognise that every single one of our key workers who does that has friends and family who know that they do that. This is why the public get very upset with the Government when they suggest that somehow our paramedics, nurses and other key workers do not provide those standards. I agree with my hon. Friend: if the Government were able to get out more and see what happens on the ground, they would have a clearer understanding of why this legislation will not work and fix the problems. The public understand that and the Minister should take note.

[John McDonnell (Hayes and Harlington) (Lab)]

If we walk through this legislation and its eventual implementation, we see that it will result in either a worker being sacked or a worker being sacked and a trade union being fined. Can my right hon. Friend think of anything that could greater exacerbate the current industrial-relations climate than those sorts of threats?

[Angela Rayner]

I absolutely agree with my right hon. Friend. That is exactly what this Government are walking into and I think it will exacerbate the situation. The Government have been exacerbating the situation not just by bringing forward this legislation—most of the public can see what they are trying to do—but through the tone with which they have carried out, or failed to carry out, negotiations to avert the industrial action we have seen. Nurses are taking industrial action for the first time ever. Rather than get round the table and sort the mess out that they have created after 13 years in government, the Government try to demonise those very workers. The public do not thank them for that.

[Rushanara Ali (Bethnal Green and Bow) (Lab)]

Does my right hon. Friend agree that this legislation is a diversion from this Government’s incompetence? Last year, they practically cost the taxpayer £55 billion because of the economic mismanagement of their Government under the former Prime Minister, the right hon. Member for South West Norfolk (Elizabeth Truss). Instead of negotiating to protect people, the Government are blaming them for their own incompetence.

[Angela Rayner]

I absolutely agree with my hon. Friend. We cannot be divorced from the fact that members of the public have seen how this Government have conducted themselves—the sleaze and scandals, the outrageous waste of money, and crashing the economy, of course—while at the same telling the key workers who got us through the pandemic that they have to like it or lump it and suffer the consequences of the Government’s incompetent governance. It does gripe with the general public and they do not accept it.

[Ian Lavery (Wansbeck) (Lab)]

My right hon. Friend is making a really powerful speech. I remind Members that this afternoon the fire and rescue service members in the FBU voted—on a 72% turnout—88% yes to industrial action. They have a huge mandate but, like other trade unions, they are suggesting that there should be 10 days in which the employer can discuss with the unions some sort of resolution to the strike action, by discussing pay and so on. Is that not a far better way to deal with this unrest than trying to implement the most anti-democratic, anti-worker and anti-trade union legislation? I declare an interest and refer to my entry in the Register of Members’ Financial Interests.

[Angela Rayner]

I thank my hon. Friend for that intervention. I think we all have an interest in ensuring that we have good, valuable public services. Like our other key workers, firefighters put in place local agreements to ensure that services continue if life is at risk or there are major incidents. There is not a single firefighter who would not attend a major incident. These are our brave heroes who run towards danger when the rest of us run away. There are also already legal obligations on fire services to provide contingency plans for strike days, dating back to the Civil Contingencies Act 2004. Yet again, we have a Government fixated on creating a problem and trying to fix a problem that does not actually exist, instead of dealing with the problem that they have created—penalising and causing great hardship for our key workers, such as the firemen and women who protect our lives every single day.

Can the Minister promise that we will get separate assessments of the impacts of this legislation on all six of the sectors named? Can he guarantee that there will not be any impact on workforce numbers? Can he guarantee that work notices will not put undue burdens on overworked, under-resourced employers? Can he guarantee that equalities law will be upheld and that these new measures will not be used to discriminate against workers with protected characteristics? I fear we already know the answer to that question.

That brings me to our biggest concern with this Bill: the “sacking key workers” clause—

[Kevin Hollinrake]

Nonsense.

[Angela Rayner]

I gave the Minister the opportunity to back our amendment. I give him the opportunity to intervene now and say that he will back the amendment and that he does not want to sack those nurses or key workers, as is set out in the current Government proposal. I will happily stop again and allow the Minister to confirm that.

[Kevin Hollinrake]

indicated dissent.

[Angela Rayner]

No. Thought not. The “sacking key workers” clause will give the Secretary of State the power to threaten every nurse, firefighter, health worker, rail worker or paramedic with the sack—on his whim. These are the workers who got us through the pandemic; the workers who run towards the danger as the rest of us run away; the workers who have been pushed to exhaustion by austerity. And how does the Secretary of State pay them back—by ripping up their protections against unfair dismissal, with no regard for our NHS, schools, or transport lines that cannot cope with mass sackings. How can he seriously think that sacking thousands of key workers will not just plunge our public services further into crisis?

One hundred and thirty-three thousand and four hundred—that is the latest vacancy number in our NHS. One thousand six hundred—that is the latest number of teaching vacancies. One hundred and twenty thousand—that is the number of new vacancies that City & Guilds estimates the rail sector will see in the next five years. We all know that we have a national staffing recruitment and retention crisis and that business groups from the Confederation of British Industry to the British Chambers of Commerce are crying out for vacancies to be filled. How is this a rational and proportionate response? Labour Members are not the only ones asking that question. Has the Secretary of State listened to the right hon. Member for Stevenage (Stephen McPartland) who said earlier this month:

“I will vote against this shameful Bill…It does nothing to stop strikes—but individual NHS Staff, teachers & workers can be targeted & sacked if they don’t betray their mates.”

The right hon. Gentleman understands the Bill, but the Minister clearly does not understand his own Bill. I know that many Conservative Members will share the feelings of the right hon. Member for Stevenage, and that they will be uncomfortable with this awful attack on individuals and with taking away workers’ basic freedoms and removing hard-won basic rights and protections.

--- Later in debate ---

[The First Deputy Chairman of Ways and Means (Mr Nigel Evans)]

Interventions, by their nature, should be short, not lengthy.

[Angela Rayner]

The Bill is an attack on our basic British freedoms, and Conservative Members should be concerned about that. It is from a Prime Minister who is desperately out of his depth, and desperately blaming the working people of Britain for his own failures. There has been no opportunity for real scrutiny, no impact assessment, and there is no justification for it. The Government’s pretence that it is about safety is offensive to every key worker. For the sake of every nurse, teacher and firefighter across the UK, I urge every member of the Committee to vote for our amendments. For the sake of freedom, fairness and feasibility, I also urge all Members to join us in voting down the Bill tonight.

[Several hon. Members rose—]

--- Later in debate ---

[Angela Rayner]

I thank all the Members who spoke so passionately for the Opposition Front-Bench amendments tonight. The Secretary of State has turned up for Third Reading and tries to provoke, but once again, as I said in the previous debate in Committee, the way in which he wants to portray our key workers, who make those concessions and who ensure life and limb cover, is disgusting and disgraceful, and he should be ashamed of himself.

We have heard time and time again that this Bill is impractical and insulting. It is a vindictive assault on the basic freedoms of British working people. It is full of holes and it has been rushed through on the hoof with no real time for scrutiny. I rarely find myself agreeing with the right hon. Member for North East Somerset (Mr Rees-Mogg), but this Bill is incompetent. It is badly written, it uses bad parliamentary and constitutional practice, and it is wrong that the Government are trying to bypass scrutiny. The Opposition have been clear throughout that we will oppose this sacking nurses Bill. If it passes, the next Labour Government will repeal it. It threatens key workers with the sack during a workers’ shortage and crisis, and it mounts an outright assault on the fundamental freedom of working people while doing nothing to resolve the crisis at hand.

Let us look at what the Bill is really about: a Government who are playing politics with key workers’ lives because they cannot stomach negotiations; a Government who are lashing out at working people instead of dealing with 13 years of failure; and a Government and Prime Minister who are dangerously out of their depth and running scared of scrutiny. We on these Benches will vote against this shoddy, unworkable Bill. I urge hon. Members on both sides of the House to stand up for our key workers, stand up for the British freedom to withdraw labour, and stand up for good faith negotiation by joining us tonight and voting down the Bill.

Strikes (Minimum Service Levels) Bill

Angela Rayner Excerpts

Consideration of Lords amendments
Monday 22nd May 2023 Commons Chamber

To close, the Government disagree with all amendments but their own, for the reasons that I have given. I hope that the other place will reconsider its amendments and agree to withdraw them, so that we can, in line with the wishes of the elected House, get on with rebalancing the rights of workers with the right of the public to go about their daily life.

[Angela Rayner (Ashton-under-Lyne) (Lab)]

Let me start by drawing the attention of the House to my entry in the Register of Members’ Interests, which reflects the fact that I am a proud trade unionist, and have been for a very long time. As the Minister outlined, today we return to the Conservatives’ sacking nurses Bill because the other place has reached the same conclusion as us: this Bill is as unworkable as it is unnecessary. It is not just an almighty, anti-democratic attack on working people, but a threadbare Bill that does not stand up to a shred of scrutiny. Today we consider a number of Lords amendments.

Let me be clear: Labour Members oppose this Bill in its entirety, and we stand ready to repeal it when in government. That said, we thank Members of all parties in the other place who made the thoughtful and sensible amendments that we are considering tonight. They do not solve all of the very long list of issues with this legislation, but they take the sting out of its worst elements to a significant extent. For that reason, Labour Members will reject all attempts by the Government to remove the amendments.

This evening, we will hear a raft of excuses for the Bill, and for why we cannot uphold the Lords amendments. We will hear that the Bill is about protecting public safety—well, I don’t know; there are not many Government Members here and willing to defend it. We will hear that Government Members all want minimum service levels all the time, but it is Tory Ministers who are failing to provide the minimum service levels that we need in our public services.

[Andy McDonald (Middlesbrough) (Lab)]

Does my right hon. Friend agree that nurses are taking action in order to protect patients? We hear continually about cases in which there are only two nurses on a night shift, trying to manage a ward of 30 patients. Is that not evidence that nurses are taking action because they have been pushed to the brink? Are they not doing the right thing by holding the Government to account through their actions?

[Angela Rayner]

I absolutely agree. I worked alongside my hon. Friend on workers’ rights for many years. I was a care worker for many years, and had to take industrial action once. People, especially in public service, do not do that lightly. The nurses’ union took its first ever industrial action recently. We have seen an unprecedented amount of strike action, and there is an absolute crisis in vacancy numbers in our public services because of this Government. The real risk and danger to public services at the moment is from this Conservative Government. After 13 years in office, they have really run down our public services, and they are not listening to the people who are trying to deliver those services.

[Christine Jardine (Edinburgh West) (LD)]

Does the right hon. Member agree that one of the most frustrating things about the Bill, which appears to be totally ineffective, is that the minimum service levels that it sets out are very often not met in normal working times?

[Angela Rayner]

The hon. Member makes a crucial point, which I was trying to make to the Minister: on non-strike days, minimum service levels do not apply at the moment. Many of the people providing our public services are absolutely screaming at the Government, “We need more people working in those services. We are having record vacancies. We are having people leave the profession because of the mismanagement by this Conservative Government.” Take our fire and rescue services: how does the closure of 80 fire stations across the UK keep the public and our brave firefighters safe? Take our precious NHS: how does having 7.3 million patients left on waiting lists keep people safe? And take our overstretched schools: how do record teacher vacancies keep our children safe?

[Janet Daby]

Is my right hon. Friend aware that the Regulatory Policy Committee’s opinion, published on 21 February, red-rated the Government’s impact assessment for the Bill as “not fit for purpose”? Does she agree that, in fact, it is the Government who are not fit to govern?

[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.