Draft Strikes (Minimum Service Levels: Border Security) Regulations 2023

John McDonnell Excerpts

Monday 27th November 2023 General Committees

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

I declare the same interest as my hon. Friend the Member for Easington, which is that I am a member of the PCS parliamentary group. Just so that everyone is absolutely clear and for the record, PCS is not affiliated with the Labour Party—there is no financial relationship to the Labour Party or any of us. We are in the group because we receive information from the union about what is happening on the ground, and it helps us to communicate in debates.

I have a particular interest in being a member of the PCS parliamentary group because Heathrow is in my constituency, and quite a sizeable number of the people employed by Border Force are my constituents. If Members present from all parties have the opportunity, it would be worth their sitting down and talking to some of those people. It is important that we recognise who we are dealing with here: trained professionals who understand that the role they play is important in protecting this country. They do so out of professional commitment and a deep sense of patriotism. In some instances, they put themselves at considerable risk, particularly in dealing with the drugs issues raised by Members on the Government side. They do not go on strike lightly. I find it ironic that emphasis is being put on the importance of the role that they play, yet when it comes to their wage negotiations that does not seem to be reflected in the offers they have had. That is why they have taken industrial action: because they could not find any other route to secure a wage settlement that in some way meets the challenges they face in the cost of living crisis.

My constituents live in an area where it is very difficult for most of them to afford housing, or even get on to the housing ladder, because of the increase in the valuation of properties. We must be honest and straight with people when we legislate. The reality is that three quarters of my constituents will not have the right to strike, if the level is 75%. That is the first thing. The other quarter will not have the right to have an effective strike, so in effect we are removing the right to strike from the bulk of them, if not all of them. Regulation 3(1) states that the level of service in relation to

“strikes as respects the border services is that, on each day of the strike, the border services are no less effective than they would be if the strike were not taking place”.

That undermines the whole effectiveness of industrial action and why people take it.

In addition, if Members look at the procedures set out in the SI and the draft guidance, they will see that so far there is no specific reference to the conciliation offered by the Minister. Not to bring forward this SI in particular alongside conciliation is almost an act of provocation, because it gives no succour to people who could argue, “At least we have something to fall back on to resolve our disputes.” That is not the case here. It places an onus on the trade unions themselves. The employer gives a week’s notice under the SI and can, up to the fourth day, change that notice and include different members of staff in it. The onus then falls on the trade union, not the employer, to contact them.

It is then up to the trade union to send out the letter—the draft letter is set out in the guidance for unions to use. Although it is only a guidance letter, we know from past experience that when there is interference with an organisation and the way in which it communicates with its members, it is often used in legal actions by others if people do not follow the exact wording. In addition, there is even guidance on how pickets are to be supervised. That goes well beyond what was discussed in the debate about the main legislation. The SI goes well beyond the main thrust of that debate and the legislation itself.

We need to get into the real world here. Imposing legislation like this undermines the industrial relations climate and worsens it significantly, particularly among this group of people, who feel they have done everything they possibly can. They have been forced into industrial action, they have a settlement, and now they just want to get on with their job. If this is enforced, it will undermine the morale of those staff. Do not think that people do not find other ways of taking action. There are real warnings from most of the consultations going on: if morale collapses and people get fed up, what do they do? They do not co-operate in all sorts of different, informal ways. Sickness levels will rise. People will find a way of protesting if they feel that they are being treated badly. That is the reality. It happens in every workforce if people think that the managers or employers are not treating them properly.

My big fear is that if the SI is implemented, when the first trade unionist who is identified and told that they must go into work says no, it will act as a spark to a tinderbox across the industrial relations scene in our country. That is not what we want, but the first time a trade unionist or trade union is fined, it will be seen as an act of provocation. I do not think that is the sort of society we want to construct. We need to try to get back to the process of negotiations, agreements and, accepting that there will be differences, finding a route to resolve them. Legislating people out of the right to take industrial action will result not only in inevitable legal challenges but, as we have seen historically, in wildcat action that is well beyond the control of any trade union. No union would seek to control its members in that way.

I say to the Government: be careful what you wish for. This is a hugely retrograde step and I think, knowing the workforce in the way I do, that it will undermine the service that the Government seek and that we all want the workforce to provide. It will impact on recruitment and the retention of existing staff, and on the overall service. I oppose this statutory instrument totally, and I also oppose the general thrust of the way the Government are developing industrial relations policy. I hope that wiser heads prevail in the Government. I hope they step back and postpone any form of implementation of the regulations, even if they go through, so that there are no provocative Government actions that impose on these professionals a duty or responsibility that makes matters worse rather than improves them.

--- Later in debate ---

[Robert Jenrick]

I suspect I have a higher regard for people working in Border Force than some of those who contributed to the debate. It is precisely because what it does is critical to our security that I want to ensure that a minimum service level is maintained on every day of the week. I think Border Force is akin to a uniformed service. I do not think it is a doing a basic service stamping passports and letting people through our airports. It is protecting the public, which is why we need to ensure that we maintain the service every day of the week. I do not think the regulations will impact on recruitment and retention. In fact, we are enlarging all the relevant organisations, including the Passport Office, Border Force and allied organisations such as Immigration Enforcement and the Small Boats Operational Command. In most, if not all, of those cases, the jobs are oversubscribed, because thousands of our fellow citizens want to take part in this important work on behalf of the general public. With that—

[John McDonnell]

Before the Minister concludes, will he give way?

[Robert Jenrick]

I will not give way to the right hon. Gentleman.

[John McDonnell]

Will he answer the question on conciliation?

[Robert Jenrick]

I have already said that the Government have made a clear and unambiguous commitment to have non-binding conciliation services with regard to the regulations. That is the offer we have made to the unions, and we intend to follow it through. I commend the regulations to the Committee.

Question put.