Strikes (Minimum Service Levels) Bill

Edward Leigh Excerpts

Committee stage
Monday 30th January 2023 Commons Chamber

[Chris Stephens]

The Government should listen to that point, which the hon. Gentleman has made for me. If there had been no life and limb cover in the disputes in the past few weeks and months, the first thing the Government should have done would be to encourage the employers to take the trade unions to court to enforce that life and limb cover. I note that they have not done so.

[Sir Edward Leigh (Gainsborough) (Con)]

This life and limb point is very important. We must balance people’s right to strike against the public’s right to a minimum service guarantee. Can the hon. Gentleman explain how the right to life and limb in present legislation would cover a strike that stops all trains, for instance?

[Chris Stephens]

I will take that argument on, because I am coming on to amendment 39. Listening to our Conservative friends on the Government side of the Chamber, anyone would think that this Bill was about setting a minimum service level across the public sector. If only that was the case. That is not what it does. It sets a minimum service level only in the event of industrial action—on strike days, not non-strike days. The Minister has not yet told us what amendments he will accept—maybe that is the theatre he will provide at the end—but amendment 39 makes clear the concerns that many of us in this House have that minimum service levels should not be higher on a strike day than on a normal working day.

The reason for that, as anyone who has a trade union background can tell us, is that when employers come to trade unions to discuss the “life and limb” cover and ensure that all those arrangements are made, some employers then ask for more people on a strike day than they do on a non-strike day. That is just a fact—that is what employers try to do. Amendment 39 would address the point that a minimum level of service on a strike day should not be higher than it is on any other normal day.

Of course, that raises the question of the Government trying to get away with marking their own homework on the ILO conventions. They have determined the Bill complies with the ILO conventions—never mind what anybody else says—because they say so. The Government have marked their own homework, and they say we should be very grateful that they have done so; they are ILO-compliant, so we should just be quiet and accept it. Well, I am sorry, but I like to speak truth to power and to check things—always checking what is in the paperwork and in writing was part of my trade union training. Amendment 39 would ensure that there is a very real sense of the Government’s homework being marked, and that the Bill is compliant with ILO conventions and with the EHCR, which my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry) mentioned.

I will conclude my remarks on the issue of devolution, Madam Deputy Speaker. It is not just about Wales and Scotland, or indeed the Greater London Assembly. Every local authority in England that has a service of the sort mentioned in the Bill could have a minimum service level imposed on it by the Secretary of State for Business, Energy and Industrial Strategy. I do not know about you, Madam Deputy Speaker, but it worries me to see the Secretary of State tweeting and referring to the weekend as unofficial strike days, as he did a few months ago. They were rest days, not unofficial strike days. I am concerned that we have a Secretary of State who does not seem to know what happens in a trade union working environment but is trying to set minimum levels of service on a strike day, not just in England, but in Wales and Scotland, affecting their devolved competencies.

If there was a strike in Glasgow by McGill’s Buses, it would be the Secretary of State who determined what the minimum bus level was for that weekend. That is really quite incredible—[Interruption.] The Minister can chunter all he likes, but that is what the Bill says. Agreeing to new clause 4 would sort out that issue, so perhaps the Minister could tell us which amendments he will accept.