Strikes (Minimum Service Levels) Bill

Debate between Joanna Cherry and Grant Shapps

2nd reading
Monday 16th January 2023 Commons Chamber

[Grant Shapps]

I hope the House will appreciate that there are a lot of people who want to contribute. I want to give people the opportunity to do that in their own speeches. [Interruption.] If Members do not mind, I will turn to the detail of the Bill.

The Bill establishes a legal framework to implement minimum safety and service levels during periods of strike action. It will achieve that by amending existing legislation, the Trade Union and Labour Relations Concili —[Hon. Members: “Consolidation”] Thank you folks. The Trade Union and Labour Relations (Consolidation) Act 1992. I was trying get the word “conciliatory” in there for Opposition Members. The legislation will allow regulations to be made to ensure that specified services cannot shut down completely when workers strike. That is to maintain crucial and, in many cases, life-saving services. The relevant sectors specified in the proposed legislation are: health services; fire and rescue services; education services; transport services; decommissioning of nuclear installations and management of radioactive waste and spent fuel; and border security.

[Joanna Cherry (Edinburgh South West) (SNP)]

Can the Secretary of State help me with this? The human rights memorandum that accompanied the Transport Strikes (Minimum Service Levels) Bill last October stated specifically that the Government’s legal advice was that it is not justifiable or necessary in a democratic society to have such restrictions in emergency and patient care services, in fire and rescue, or in education—only in transport. That does not appear in the human rights memorandum that accompanies this Bill. Has the Government’s legal advice changed or have they just changed their mind for reasons of political convenience?

[Grant Shapps]

The hon. and learned Lady must surely have noticed that we have subsequently had disruption in the NHS, including in the ambulance service. What has happened in that disruption is that although the nurses have very sensibly provided a national level of safe service, unfortunately the same has not happened in the ambulance service. That is why this legislation is required in other areas at this time.

[Joanna Cherry]

rose—

Industrial Action

Debate between Joanna Cherry and Grant Shapps

Tuesday 10th January 2023 Commons Chamber

[Grant Shapps]

The Bill is being introduced today. My hon. Friend is absolutely right about this. We have seen that the RMT has not put the offers to its members, which, as I mentioned before, is a real problem. When the TSSA put an almost identical offer to its members, it was accepted and the strike was therefore over. Any attempt not to allow members to see the full range of what is being offered is wrong. Because members have not seen the full offer, they will be unaware of the different elements of that offer. It has not been formally put to them—that is something the unions can change immediately. I very much hope that they do so.

[Joanna Cherry (Edinburgh South West) (SNP)]

I noticed a moment ago that the Secretary of State said that striking workers were in danger of pushing up interest rates. I remind him that many of those people are on strike because they cannot afford their mortgages or rent as a result of the hike in interest rates caused by his colleagues’ economic incompetence. I imagine that many essential workers are in receipt of the sort of wage that the Secretary of State would not get out of bed for in the morning.

On the legality of the legislation, the TUC general secretary has said that forcing workers who have democratically voted to strike to work and sacking them if they do not comply would almost certainly be illegal. Is that not right? Can the Minister really say that the detail of his Bill will comply in every respect with the United Kingdom Government’s obligations under both the ECHR and international labour law? On the detail, Minister, what is the position?

[Grant Shapps]

I do not know whether I am correcting myself or the hon. and learned Lady, but I was not saying—I did not mean to say, at least—that striking workers pushed up interest rates. It is inflation that pushes up interest rates. If we paid a 19% increase across the economy, we would have to borrow the money; we would then have more borrowing and more debt and, therefore, higher interest rates. Everybody would pay more on their mortgages and car loans. Businesses would pay more. That is the quite simple maths that I would have thought we have tested to destruction. It would not make sense to go ahead along those lines.

The hon. and learned Lady asked specifically about the ECHR, and I can confirm that the Bill is ECHR-compliant. My hon. Friend the Member for Newbury (Laura Farris), who is no longer in her place, talked about employment law and how the Bill fits with the ILO and the ECHR; I have been able to sign that declaration. I can further confirm that there is proof of this, as many neighbouring countries already do exactly the same thing, which is also compliant with the ECHR.