Strikes (Minimum Service Levels) Bill

Barry Gardiner Excerpts

2nd reading
Monday 16th January 2023 Commons Chamber

[Laura Farris]

I am grateful to both SNP Members for their interventions. I am coming on to those points, so I will make a tiny bit of progress, if I may.

On the point raised by the hon. and learned Member for Edinburgh South West (Joanna Cherry), we already know that transport and education meet the ILO’s test, because the ILO told the United Kingdom that in its response to the challenge to the Trade Union Act 2016 submitted by the TUC in 2015. In its response, the ILO committee of experts—Members can look it up; it is on the website—said that in relation to transport and education

“recourse might be had to negotiated minimum standards for these sectors as appropriate”.

We also know that many comparable countries take a much tougher line than the Government are proposing. In the United States, to give one example, 38 out of 50 states ban public sector strikes altogether.

[Barry Gardiner (Brent North) (Lab)]

The hon. Lady is presenting a reasoned case, but she knows, and she has just used the word, that these things should be negotiated. The measures in this Bill are by fiat of the Secretary of State.

[Laura Farris]

I thank the hon. Gentleman for his point. I am coming to all these things, so if he will give me a moment, I will continue.

In the United States, 38 out of 50 states have an outright ban on public sector strikes, including New York. Other states, such as Canada, Australia, Italy and Spain, all have embedded in statute minimum service levels that apply to important public services, and those services are often drawn much more widely than the Government are proposing. They include waste collection, postal services, broadcast services, the administration of justice, water distribution and energy supply.

I pick out those states not as random examples, but because every single one is a member of the International Labour Organisation. They are bound by exactly the same rules as us, and they are among our closest comparators around the world. Even more importantly, the International Labour Organisation has adjudicated all their statutory minimum service levels, and a 2019 publication from the ILO in Geneva commented:

“These examples illustrate the wide diversity of approach that ILO member states have adopted to address the challenges posed by industrial disputes in essential services”.

Minimum service levels

“supported by the ILO’s supervisory organs, exist to manage the balancing act between these necessary restrictions and the individual worker’s fundamental labour rights”.

I have not heard a single Member of Parliament tonight explain to me why the ILO is wrong or why the Government are striking the wrong balance when they have a mandate for what they are doing.

--- Later in debate ---

[Barry Gardiner (Brent North) (Lab)]

I refer the House to my entry in the Register of Members’ Financial Interests as a proud union member.

The Bill is an affront to Parliament. It will not protect the public, it will worsen industrial relations and it will undermine the unity of the United Kingdom. It should be voted down tonight. There has been much heated argument about the provisions in the Bill. On all the moral and pragmatic arguments, I stand firmly on the side of working people and their right to withdraw their labour, and against what the Government seek to do in the Bill. However, I do not consider that those moral and pragmatic arguments are likely to change the minds—or more importantly the votes—of Conservative Members. I therefore want to put forward an argument against the Bill that I believe they both can and should accept: it is damaging to our constitution and to the Union.

The reason the Bill is so short is that it delegates to the Secretary of State the power to set out all the relevant law in regulations through statutory instruments—regulations which receive only the most minimal scrutiny in this place and cannot be amended. So it is the Secretary of State, not Parliament, who will make regulations to determine the levels of service in relation to strikes, who gets to define the nature of the services to be provided, the number of people who are to provide them, the time at which they are to be provided and the manner in which they are to be provided during a strike. Extraordinarily, the Bill also proposes that the Secretary of State should have the power by regulation to

“amend, repeal or revoke provision made by or under primary legislation”

in this House. So statutes passed by Parliament can be amended by regulations drafted by the Minister without full parliamentary scrutiny. In a recent report by a Committee of the House of Lords, “Democracy Denied?”, their lordships state:

“A substantial groundswell of concern is developing about the shift in power from Parliament to ministers.”

This Bill is perhaps the most egregious example yet of a measure brought forward by an increasingly autocratic Executive to strip Parliament of its role in determining what, for many of us, is a critical area of employment and human rights.

It gets worse. The primary legislation that the Secretary of State can amend or repeal is defined to include an Act of the Senedd or the Scottish Parliament. That should set alarm bells ringing for all of us, nationalists and Unionists alike. What is being proposed is that the Secretary of State in Westminster should have the power by regulation to override devolved legislation passed by the Scottish Parliament and the Senedd—and to do so with minimal scrutiny in this House. If the Executive had intended to provoke constitutional outrage and call into question the very basis of the devolutionary settlements, they could not have designed a piece of legislation better guaranteed to do so.

That the Secretary of State in Whitehall should claim the power to legislate by regulation to interfere in devolved areas of government and to impose restrictions in different parts of this Union on the right to strike in transport, education, health and other public services in Scotland and Wales is more than unwarranted. It is more than inappropriate. It is a deliberate provocation and offence.

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

Would my hon. Friend like to comment on why the Government have refused even to agree to the super-affirmative procedure?

[Barry Gardiner]

That is quite simply because they are introducing a party political measure that is designed to provoke this House.

I call on all Conservative Members, if they care about the Union at all, to vote against this wrecking ball of a Bill, which will only provide succour to those voices seeking to destroy our constitutional settlement and our United Kingdom. Under the Bill, the employer has the unilateral right to identify in a work notice the individual workers required to operate the MSL. A worker who refuses to comply after having been requisitioned in this way will lose unfair dismissal protection.

The Government are thus authorising employers to do what not even a court in this country can do. Under the Trade Union and Labour Relations (Consolidation) Act 1992:

“No court shall…compel an employee to do any work or attend at any place for the doing of any work.”

However, once the union is notified of the identity of the workers to be requisitioned, the Bill requires the union to take “reasonable steps” to ensure that all its members identified in the work notice comply with it. It is ironic that, under the Bill, the same trade union may be required to discipline or expel—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I am terribly sorry that I had not given notice, but we are going down to three minutes to get as many people in as we possibly can.

--- Later in debate ---

[Kevin Hollinrake]

I would highlight the downward pressure already placed on inflation, the changes to the money markets following the action taken by our Chancellor and Prime Minister and the stability being delivered through their future plan.

[Barry Gardiner]

Will the Minister give way?

[Kevin Hollinrake]

I will shortly. Ministers across Government have been meeting unions to resolve the disputes where it is possible to do so. It is obviously apparent that unions exist to represent union members. Apparently, from today’s debate, so does the Labour party. The shadow Cabinet alone has received £350,000 since 2019. It is important to reflect on those figures. We need to have the confidence that when workers strike, people’s lives and livelihoods are not put at risk, so we need the power to act. That is why this legislation is needed. The public expect us to act. It is no wonder that YouGov polling for The Times published last week found that 56% of voters support this legislation and only 31% are against it.

[Barry Gardiner]

The Minister will know that under this Bill it is possible for the Government to designate workers to perform under a contract when they have voted to go on strike. Will he at least give an assurance that there will be no attempt by any Secretary of State to designate a union official to break a strike that they have encouraged their union members to be involved in?

[Kevin Hollinrake]

I will deal with work notices later in my speech, but it is clear that it is up to employers to decide what workers are needed on certain days, and there is no discrimination between people who are union members and people who are not. That is very clear in the legislation. Hon. Members have questioned the sectors within the Bill. The sectors in scope of the Bill are justified as these sectors are where strike action causes disproportionate disruption to the general public.

Strikes (Minimum Service Levels) Bill

Barry Gardiner Excerpts

Committee stage
Monday 30th January 2023 Commons Chamber

[Kevin Hollinrake]

In answer to the point from the hon. Member for Coventry South (Zarah Sultana), negotiations need to continue, and they need to be fair to workers, but also to the taxpayer, which I will touch on in a second.

I reject the characterisation of this Bill by the Opposition, who clearly put their relationship with their unions over the interests of this country. This is not a radical Bill. What we are doing is not even new. We are taking reasonable, proportionate and balanced steps and aligning ourselves with many of our European partners, such as France and Spain.

[Barry Gardiner (Brent North) (Lab)]

Will the Minister accept that health and safety legislation in this country—to ensure guards on machinery, for example, to stop people’s hands being chopped off—was won because workers withdrew their labour? Does he understand that the ambulance workers and the nurses say that the very reason they are going on strike is to make sure that the service is safe? What he is saying at the Dispatch Box is complete rubbish.

[Kevin Hollinrake]

I do not accept the hon. Gentleman’s point. On nurses, we already have voluntary agreements, yet still they go on strike. The two things are consistent and are not mutually exclusive, but I recognise his point on the right to withdraw labour and bring attention to certain things, whether pay or other matters at work. It is absolutely right that people should be able to do that, but it should not prevent others going about their daily business and, indeed, feeling safe in terms of such things as healthcare.

--- Later in debate ---

[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 ---

[Barry Gardiner]

My right hon. Friend is being extremely generous in giving way. Does she accept that the only way a union can avoid the situation she has just talked about, where unfair dismissal protection is taken away from workers, is by ensuring that they become an instrument of coercion, of the state and of the employer? For 35 years in this country, legislation has provided that a trade union is prohibited by law from disciplining or expelling a member who refuses to take part in a strike. Under the Bill, the same trade union may be required to discipline or expel a member who does what their workmates and they themselves may have voted for—namely, to withdraw their labour. Jonathan Swift could not have made this up. Nothing in all Lilliput or Brobdingnag could come up with a more ludicrous situation.

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

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