Strikes (Minimum Service Levels) Bill

Lord Kerr of Kinlochard Excerpts

Report stage
Wednesday 26th April 2023 Lords Chamber

[Lord Balfe (Con)]

My Lords, I point out that Scotland and Wales have separate trade union organisations. Perhaps the noble Baroness, Lady O’Grady, would like to tell us of some of the divisions, difficulties and challenges that she faced within the TUC in getting a common position. One should not underestimate the fact that both these countries have a separate tradition and, importantly, a separate structure. So if orders are going to be given and trade unions are going to be disciplined, they are going to have to be disciplined in more than one jurisdiction. I would be very interested to hear from the noble Baroness the difficulties that she sees in trying to make this work, when quite rightly the trade union movements in Scotland and Wales have separate structures, often separate policies, which may be congruent but are separate, and separate ways of existing and negotiating.

[Lord Kerr of Kinlochard (CB)]

Speaking as a Scotsman and a unionist, I strongly support the point made by the noble and learned Lord, Lord Hope. It seems to me that if one is to maintain the union, it is important to maintain the devolution settlement. This Bill undermines the devolution settlement.

[Lord Collins of Highbury (Lab)]

My Lords, I want to make a few brief points. Of course, the noble and learned Lord is absolutely right that defining and managing service levels is a devolved matter. It is how you manage and define them. So when it comes to defining minimum service levels, who has responsibility? It is not the Government. It is actually going to be the responsibility of the devolved institutions and devolved Governments. Let me say this: this is not about devolving employment rights. Employment rights are in a single market and they are clearly defined. This is about service levels. We had debates in Committee about how to define service levels on non-strike days. The devolved Governments are going to be responsible for that, and that is the democratic accountability. That is why it is really important that we support these amendments.