Strikes (Minimum Service Levels) Bill

Kevin Hollinrake Excerpts

2nd reading
Monday 16th January 2023 Commons Chamber

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kevin Hollinrake)]

I am grateful to the hon. Member for giving way. Will she point out where there are any criminal sanctions attached to the proposed legislation? As far as I can see, there are absolutely none. It is important that we do not scaremonger in that way.

[Kate Osborne]

If we attack the trade unions, which are made up of members who are workers, then we are attacking the workers.

The Government’s proposed legislation and the response I just got show the contempt in which they hold working people. The Government do not care about working people. They do not care about our communities who are struggling to survive in the face of unaffordable food and energy bills, and struggling to deal with the cost of living crisis and 13 years of cuts by the Conservative party. We already have the most restrictive workers’ rights in western Europe, and it is an affront to democracy that this Government are trying to restrict them further.

Of course, the Government know that the Bill is not workable. It will be held up in the other place, if it gets that far, and in the courts. They only care about attention-grabbing headlines—about moving the Overton window so the people of this country will accept more and more restrictions on their rights.

Minimum service levels already exist: our NHS teams ensure that priority calls are dealt with, and teachers ensure that special educational needs children are catered for. What we need is for the Government to provide a minimum service level every day. We hear daily of workers struggling to cope with current staffing levels. The Government should be looking at ways to address the NHS staffing crisis, not making it worse.

The Government need to accept that the reason so many sectors are saying “enough is enough” and taking industrial action—we heard the announcement today that the teaching unions will take action, and I send my solidarity to them—is the Government’s failures. The firefighters, NHS staff, transport staff and education staff that the Bill targets are the very people who saw us through the pandemic. If the Bill passes, no doubt the Government will eventually seek to apply the legislation to workers in more sectors. Instead of inflaming the situation, they should start dealing with the causes of increased strike action: low wages, fuel and food poverty, and cuts to public services.

The Bill is part of the Government’s plan to restrict all our rights and to demonise and criminalise those who are just trying to survive. As I said at the start, it is an act of political violence. The Government should do the right thing for the country and withdraw it.

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[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kevin Hollinrake)]

I thank the Members on both sides of the House who have contributed to the debate.

The clear objective of the Bill is to protect the lives and livelihoods of the public by enabling minimum service levels to be applied to our vital public services during strikes. It does not ban the right to strike. It finds the right balance, which was highlighted by my hon. Friend the Member for Gloucester (Richard Graham), my hon. Friend the Member for South West Hertfordshire (Mr Mohindra)—who made some important points about the needs of business—and my hon. Friends the Members for Rushcliffe (Ruth Edwards), for Guildford (Angela Richardson), for Southend West (Anna Firth) and for Meriden (Saqib Bhatti).

Let me turn to some of the other points raised today. Like others on both sides of the House, I pay tribute and express our gratitude to our public sector key workers. That point was raised by my hon. Friends the Members for Sleaford and North Hykeham (Dr Johnson) and for Runnymede and Weybridge (Dr Spencer), who have vast experience of working in the public sector. I have my own personal experience, as my mother worked in the public sector all her life—a life worked to rehabilitate offenders. I am aware of the contribution that public sector workers make to our society.

The deputy leader of the Opposition seeks to blame this Government alone for the challenging times we face, but she seems conveniently to forget that we are still not free from the after-effects of the covid-19 pandemic and Russia’s illegal invasion of Ukraine. I was very interested in a point she raised in her speech, when she said, “We would have resolved this dispute long ago.” At what figure? Would it have been 11% across the public sector? That would have cost the taxpayers of this country £28 billion. That is £1,000 per household per annum. Maybe the leader of the Opposition will reflect on that now that he is here, obviously having had a call from his union paymasters.

Members ask why the Government are focusing on legislating and not resolving the disputes. The Government recognise the pressure of the cost of living on people. That is why we have committed to halving inflation and growing the economy, and why we have provided £26 billion to support individuals and businesses. We are investing billions more in schools, the NHS and social care. All that supports workers.

My right hon. Friend the Member for Witham (Priti Patel) is right to highlight the devastating impact of strikes on the economy—£6 billion, including £2.5 billion of lost income to the hospitality sector alone. That is why Ministers across Government have been meeting unions to resolve the disputes where it is possible to do so.

[Sarah Owen]

The Minister talks about the cost of strike action, but will he agree about the cost of the damage that the previous Prime Minister and the previous Chancellor did to our country and all the taxpayers and workers who we on the Opposition Benches are supporting today?

[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.

[Mr Gagan Mohindra]

The Minister is making an excellent summing up, as always. Could he reaffirm that public opinion is with this side of the House rather than with the Opposition?

[Kevin Hollinrake]

I think that the polling is very clear. We have heard precious little about what the public think of this. We heard a lot about the impact on public sector workers, but the public themselves are with us on this legislation.

The Government have already announced their intention to consult on the application of minimum service levels for rail, ambulance and fire services. I welcome Members’ questions and suggestions on how minimum service levels will operate in specific services, and I note in particular the helpful contributions from my hon. Friends the Members for Milton Keynes South (Iain Stewart) and for West Dorset (Chris Loder). I look forward to the contribution of key stakeholders and experts during the consultation process. The Government will also engage with the devolved Administrations during the consultation process. The Government have been clear, however, that we may choose not to use the regulation-making powers in the Bill if adequate voluntary arrangements, where necessary, are already in place between employers in a relevant sector.

This legislation also equips employers to manage instances where a worker takes strike action despite being named to work on a strike day. It is at the discretion of employers as to what action, if any, is taken, and we hope that employers are fair and reasonable. The claim that it is a policy of this Government to sack workers is an unfair exaggeration.

I want to touch on the international examples, mentioned in the excellent speech by my hon. Friend the Member for Newbury (Laura Farris). The concept of minimum service levels is not new. They are used all over the world, including in the USA, Canada and a number of European countries including Spain and Italy. We all want to see an end to these strikes.

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

claimed to move the closure (Standing Order No. 36).

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[Mr Deputy Speaker (Mr Nigel Evans)]

No, we still have another two and a bit minutes to run, so I am using my discretion not to accept that.

[Kevin Hollinrake]

In response to questions regarding the consistency of this legislation with the UK’s—

[David Linden]

I beg to move, That the House sit in private.

Question put forthwith (Standing Order No. 163).

The House proceeded to a Division.