Strikes (Minimum Service Levels) Bill

Lord Collins of Highbury Excerpts

Consideration of Commons amendments
Tuesday 4th July 2023 Lords Chamber

Moved by

[Lord Collins of Highbury]

At end insert “and do propose Amendment 2D in lieu—

2D: Page 3, line 31, at end insert—
“(5) Minimum service regulations may only be made if—
(a) the Secretary of State has published draft regulations;
(b) the Secretary of State has consulted the International Labour Organisation and given due consideration to such advice as it has proffered;
(c) the Secretary of State has conducted an impact assessment of the effect of the draft regulations on the services to which the draft regulations relate, addressing, in particular, the effect—
(i) on the general public;
(ii) on the conduct of these services;
(iii) on the conduct and effectiveness of the exercise of the right to strike in those services;
(d) the Secretary of State has conducted a consultation with the representatives of trade unions, employers and any other interested party on the draft regulations and on the matters to be addressed by the impact assessment and, in particular, on whether the draft regulations should or do sufficiently provide, so far as possible under section 234F(2)(a), for protection of workers who do not receive a work notice or fail to comply with it, and for the identification of the “reasonable steps” which a union must not fail to take under section 234E and those which it is reasonable for it not to take;
(e) the Secretary of State has laid before Parliament a report on any advice proffered under paragraph (b) and the consultation under paragraph (d);
(f) the Secretary of State has placed before a Joint Committee of both Houses of Parliament, convened for the purpose of reviewing them, the impact assessment under paragraph (c) and the report under paragraph (e) and the Joint Committee’s review has been published in a report to Parliament.””

[Lord Collins of Highbury (Lab)]

My Lords, I am proposing an unusual but reasonable step in relation to this Bill. As noble Lords have heard in previous debates on the Bill, Labour is committed to repealing what we believe to be a very bad piece of legislation. Employers, unions, the devolved nations and service users have expressed opinions against the Bill. However, my argument today will focus on the consequences of this piece of legislation, which have not, I believe, been thought through or properly addressed either by the Government or in the impact assessments.

The consequence of exercising the human right to withdraw labour is now, as the Minister confirmed, the removal of protection against unfair dismissal. The consequence for a union complying with rigorous balloting requirements for an official dispute is now to lose its protection against action in tort. We sort of knew that this was coming because the Joint Committee on Human Rights concluded that the penalties for employees and unions who do not meet the Bill’s requirements are severe. It stated that they

“amount to a disproportionate interference with Article 11”

rights of the ECHR on assembly and association. Of course, as the committee said, the Minister responded on those human rights by saying that the Government rejected the committee’s findings and recommendations. They felt that this piece of legislation was compliant.

Since noble Lords considered this piece of legislation, last month, the ILO’s Conference Committee on the Application of Standards called on the United Kingdom Government to

“ensure that existing and prospective legislation is in conformity with the Convention”—

that is, Convention No. 87, which governs freedom of association and protection of the right to organise.

--- Later in debate ---

[Lord Callanan (Con)]

My Lords, as I said in my opening remarks, we have had a very similar debate a number of times, so I can keep my response brief. I have responded to these points previously, but I will make one point on the ILO report in response to the noble Lords, Lord Collins, Lord Pannick and Lord Fox.

The ILO did not say that this legislation did not comply with the convention; it simply said that it should and that we should ensure that it does. In my view it does, as our response to the Parliamentary Question rightly said. I have made the point many times in this House that the ILO has been clear over many years that minimum service levels can be appropriate in public services of fundamental public importance. That is why many other countries in Europe and around the world that are signatories to the ILO have had minimum service levels in place for many years. The Liberal Democrats and the noble Lord, Lord Fox, normally urge us to go the way of Europe and follow what EU countries are doing. In this case, we are doing precisely that.

I therefore hope, although without a great deal of optimism, that noble Lords will cede to the wishes of the elected House and agree to the Government’s Motions, which would then bring this Bill’s passage to a close.

[Lord Collins of Highbury (Lab)]

My Lords, I will take the unusual but reasonable step of pressing this, for one good reason. The Minister talks about the ILO not saying that the Bill is non-compliant. Part of the problem is that no one knows what this law means. Trade unions do not know what reasonable steps they need to take to protect the right to strike. We heard the Minister confirm that workers who receive a work notice will lose protection from dismissal.

The Minister talks about the ILO and minimum service levels in Europe. Nobody is against minimum service levels. They are essential, but in every European country they work because they are agreed by voluntary agreement and because people consent. As soon as you remove that consent, you are in trouble. That is why employers are so against what the Government are arguing.

I know that it might feel a bit repetitive, but the ILO report is new and the Commons needs to consider it. I plead with all noble Lords: please support my Motion. I wish to test the opinion of the House.