Strikes (Minimum Service Levels) Bill

Ian Lavery Excerpts

Consideration of Lords amendments
Monday 22nd May 2023 Commons Chamber

[Chris Stephens]

I thank my constituency neighbour for that excellent intervention, because as my good Friends the Members for Glasgow East and for Kilmarnock and Loudoun (Alan Brown) indicated earlier, the area of the United Kingdom with the least industrial action is Scotland. That is because there seems to be a mature relationship between employers and trade unions in Scotland—far more mature, it would seem, than in England, for example, where we see Government Ministers bashing trade unions on a daily basis on the sofas of breakfast television.

I want to end my remarks, because I am conscious that others want to speak in this debate. The fact that the Government want to dismiss workers for exercising the human right to withdraw their labour is what makes this an absolutely despicable and disgraceful piece of legislation, which would tie them in with countries such as Russia and Hungary. We might think that those are not examples that the Government should follow. It seems quite frankly bizarre that they do want to follow them. I will be in the No Lobby tonight, because I agree with these Lords amendments.

[Ian Lavery (Wansbeck) (Lab)]

I would like to declare my interests as a proud trade union member all of my life.

Obviously I want to discuss the amendments from the other place, but I have to say that this should basically be classed as the anti-strike Bill. This is a Bill that very few people want, far less like. Despite the fact that there are very few people on the Government Benches, we will watch them flow through the Lobby tonight—again, to attack working people of this country. Nor should we be surprised by any of this, because when the Government are down—when they are out; when they are under pressure; when they are out of steam and have nothing left to say, after 13 years of destruction of this country—what can bring them together? The answer is attacking trade unions, attacking working people and, we should not forget—and we will never forget—attacking key workers, because that is what this Bill does. It is about culture wars and politics of distraction. Like rats when cornered, they revert to type.

The amendments from the other place are extremely important. The thinking behind each of the amendments is that people understand the real intentions of the Bill. They are not what has been suggested by the Minister and others on the Government Benches. We need to be honest about what the Bill is actually about.

--- Later in debate ---

[Andy McDonald]

Does my hon. Friend agree that, given the significant amount of industrial unrest over the last several months and, indeed, years, where people do not think they are listened to, the introduction of this legislation will deepen their resolve? They will show by their actions that they will not tolerate an attack on their freedoms and their basic employment and human rights.

[Ian Lavery]

It is extremely important that people understand that once we see nurses, doctors, teachers and key workers facing the sack, there will be resistance in this country. I kid you not, there will be resistance in this country like we have never seen before, because these are basic human rights. We cannot instruct ordinary hard-working people; key workers; the people who got us through the pandemic; the people who put the Great in Great Britain. We cannot, under any circumstances, allow this legislation to sack individuals.

Lords amendment 4 refers to the work notice. My friend, the hon. Member for Glasgow South West (Chris Stephens), eloquently made the point about the notification of a work notice. If someone has not had notification of a work notice, how could they ever be accused of breaching it if they are not aware that they have it? This is pretty simple stuff. I am not a barrister or a solicitor, but I understand it. And you know what, Mr Deputy Speaker, the Members on the Government Benches understand it, too. There is no doubt about that. When those people are asked the following day, “Why weren’t you here? You had a work notice,” and they reply, “I didn’t have one”, they will be told, “You did. How did you not understand that?” They can be sacked for that. Under this legislation, they can be sacked for not adhering to something that they did not even know they were part of. How bad is that?

[Chris Stephens]

It is actually worse than the hon. Gentleman is presenting it, because the person dismissed would not have the right to go to an employment tribunal.

[Ian Lavery]

Absolutely. I fully agree with those sentiments.

When employers are considering who they might wish to give the work notice to, Lords amendment 3 suggests that when deciding whether to identify a person in a work notice, an employer cannot consider whether the person “has or has not” taken part in trade union activities, made use of their services or had a trade union raise issues on their behalf. That amendment should not be needed in the UK in 2023, because everybody clearly understands that if bosses give work notices, they have a clear idea who they will give them to: the trade union reps and the people who do not have a fantastic employment record. That is why that Lords amendment about who the company identifies for a work notice is really important.

In reality, this legislation is simply a battering ram against ordinary working people. I have mentioned the resistance that will be shown in this country if we start sacking the nurses, the teachers and the posties. Blaming the posties for breaking the universal service obligation; blaming the teachers for education in their classes; blaming the nurses for the backlog—you name it, that is what the bosses will do. That will start under this legislation, as they will have the power to sack people. This is a sackers charter, no doubt about that, criminalising our heroic workers.

There will be resistance like we have never seen before. The difference is that the public are on the side of the workers on this one, so be ready. I raise a stark warning: be ready. When the bosses have the books out, ready to sack individuals, and when the Government are telling them who to sack and what the reasons might be, they should be ready for the resistance, because there will be huge issues. How can the Government expect a trade union to take responsibility for individuals who might not want to accept a basic human right? It is bizarre. It is absolutely crazy. I am trying to explain it, but it is very difficult; it is not simple. The trade unions have a huge role to play.

The Bill not only escalates an already febrile atmosphere in this country; it is a vicious attempt the pin the problems that we have on trade unions, from a party that has completely run out of steam. When will the Government start doing their job, for heaven’s sake? How many more hospital appointments need to be set back? How many teachers need to be made redundant or letters and parcels be delivered late before they stop making excuses and demonising workers, and get on with the job that they were elected to do?

[Rachael Maskell]

My hon. Friend is making an outstanding speech about the reality of industrial relations. Does he agree that trade unions do not have any jurisdiction over their members; it is the members who have the jurisdiction over the trade unions? Therefore, it is for the members to decide what action they take or do not take. The Government do not seem to get it.

[Ian Lavery]

My hon. Friend makes a good and valid point that the trade unions are the workers themselves. It is as simple as that.

In conclusion, will Government Members tell us why we are not having a minimum service Bill for non-strike days? In the past year or so, in particular when the paramedics and ambulance workers have gone on strike, efficiency has increased and has been first class on strike days. On non-strike days, like the 360-odd days other than those strike days, unfortunately what we see is people lying on pavements or having heart attacks who cannot get an ambulance. Let us look at a Bill for non-striking days so we can enhance the efficiency of all of the services outlined tonight. If the Minister did that, he would get our support.

[Kevin Hollinrake]

I thank all Members, on both sides of the House, for the robust debate we have had as the legislation has passed through both Houses. It is fair to say that the discussion and debate about the legislation has pretty much divided along party political lines. Our position is that this legislation strikes a balance between the right to strike and the right of the public to go about their daily business and daily lives.

It is also fair to say that we could have chosen an option that went much further. As I said earlier, the USA, Australia and Canada have completely banned strikes in certain sectors, prohibiting them completely. Spain and Belgium have similar legislation on minimum service levels. Indeed, in France there are penalties of up to six months in jail for anyone who is under a requisition notice to return to work.

It is interesting that many Opposition Members have talked about restricting the right to strike. Well, we already restrict the right to strike for the armed forces, the police and prison officers. Will Opposition Members repeal that legislation to allow people who work in those parts of our society to strike? There are already some restrictions; we are putting in place sensible restrictions that are already in place in many other countries.

The guidance from the International Labour Organisation says:

“A minimum service may be set up in the event of a strike, the extent and duration of which might be such as to result in an acute national crisis endangering the normal living conditions of the population.”

It is clear the ILO supports the kinds of measures we are putting in place. I have heard Opposition Members say that no one wants this legislation but interestingly, when surveyed, 56% of the public say that they do, against 31% who do not.

Earlier today, the deputy Leader of the Opposition tweeted her support for the 121 politicians who have condemned the Bill. May I gently urge her to look at some of the people who signed that letter? Some of those signatories are anti-Zelensky, anti-Ukraine, anti-Israel and pro-Russia. I urge her to look at that again and withdraw her tweet.

We believe the legislation strikes the right balance between the right to strike and the rights of the public to go about their daily business and protect their livelihoods. There have been over £3 billion of costs to our economy because of these strikes, which is putting many businesses and many jobs in danger. The Bill presents a fair balance between the rights of workers and the rights of the public.