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.