Strikes (Minimum Service Levels) Bill

Lord Prentis of Leeds Excerpts

Committee stage
Thursday 23rd March 2023 Lords Chamber

Joking aside, the DPRRC’s report—I am not going to read it out verbatim because it has already been before your Lordships’ House—is damning about the powers that are contained in Clause 3. When the Minister writes his letter in response to this report, I hope it says he agrees with the DPRRC and that he takes on its recommendations when it comes to clipping the wings of this extremely undemocratic clause. I beg to move.

[Lord Prentis of Leeds (Lab)]

My Lords, I speak in support of this group of amendments, particularly Amendments 42 and 44, which, if agreed, would remove the unfettered power of the Secretary of State to amend, repeal or revoke primary legislation.

The strikes Bill is not a slight tinkering of existing legislation. What the Committee has before it is a far-reaching Bill. It is a draconian Bill which curtails the fundamental right to strike, weakens protections against unfair dismissal, violates ILO standards, and introduces the possibility of front-line workers facing dismissal for taking part in lawful industrial action. What we also have before us is a skeleton Bill, which until now has had little or no scrutiny—a Bill which has been rushed. It has been described as having Henry VIII clauses on supercharge and, as we have just heard, as a skeleton Bill lacking bones.

It is only 10 weeks since I had the privilege of making my maiden speech in support of two House of Lords committee reports which go to the core of our democracy: Democracy Denied? and Government by Diktat. In that debate, I spoke of the public’s growing distrust of our Parliament, not just in the devolved nations but throughout the UK. I acknowledged that the reasons for this were complex and that concern about the increasing use of statutory instruments was not something you would hear discussed in the pub or the supermarket, or even around the breakfast table. So why does it matter?

It matters because the processes of Parliament through which we govern are so important. They instil trust and confidence in our democracy. Secretaries of State who avoid parliamentary scrutiny call into question that very trust and confidence in our whole institution. It matters because global confidence in our economy is intrinsically bound up with confidence in our democratic traditions, and it matters because skeleton legislation could lead to the very government by diktat that noble Lords of all persuasions have set their stall against.

That is why the Bill we have before us today is so fundamentally flawed. It flies in the face of both those reports and, unless amended, it will give unfettered powers to the Secretary of State to revoke or amend primary legislation through regulation. That is why Amendments 42 and 44 are so important.

The Bill is deficient in so many respects. It is vindictive and divisive, and it does nothing to deal with the serious crises our public services are facing. The report of the Regulatory Policy Committee, which we have heard about, states that the Bill is not fit for purpose—a damning indictment by any standards. NHS Providers states that it will undermine partnership working in the NHS. The Joint Committee on Human Rights criticises the:

“Heavy-handed sanctions … compounded by vague rules”.


Comparisons made with other European countries simply do not stack up and have been roundly dismissed by those countries themselves. If the Bill becomes law, there is a real risk of contravening our international obligations. For me, it is simply unnecessary and harmful.

In the last few weeks we have seen public service workers, their unions and employers coming together to reach agreements, trying to help so many workers and their families who are suffering. Yes, it may have taken far too long, but both sides are now at the table, doing what they do best: talking, negotiating, reaching accommodations, finding ways forward and, most of all, working to restore relationships for the future. This Bill will damage all that good work. It is vindictive and malicious and it will set the scene for conflict and retaliation for the next decade, just at a time when there is light at the end of the tunnel.

I ask the Minister to accept Amendments 42 and 44. Failing that, I ask him to explain why he will not. More than that, I ask him to think again. Surely it is time for the Government to reconsider their position on the Bill and put it on the back burner, where it deserves to be.

[The Lord Bishop of Manchester]

My Lords, I support Amendments 37 and 43 in the name of the noble Lord, Lord Fox.

Many noble Lords have already commented on the Bill’s skeletal nature—I will not repeat their comments here. Amendment 43 would insert an invaluable safeguard, removing overreaching Secretary of State powers to amend, repeal or revoke primary legislation through secondary legislation. Liberty writes that, as it stands, Clause 3 is a “broad Henry VIII power”—we have heard that monarch referred to several times today; I fear I may refer to him again in a moment. It is also a prospective power that allows the Government to amend and revoke legislation not yet passed.

The delegated powers memorandum seeks to justify this power as a prudent provision to deal with any necessary consequential amendments identified in the Bill’s preparation. As the noble Lord, Lord Fox, reminded us, this means that the Government are taking this exceptional power either because they are not sure what they want to achieve or because they do not know how to get there. I do not believe either of those to be an adequate justification, and I am delighted to hear that Jacob Rees-Mogg may be of a similar opinion.

I enjoyed the remark of a noble and learned Lord earlier today that this is “Henry VIII on stilts”. It left me wondering whether I should be imagining the young Henry, fit and active, or the monarch in his latter—shall we say rather less athletic?—years. The older Henry would have crashed off his stilts to huge personal injury and embarrassment. I fear that the Bill, if enacted in its present form, without adequate parliamentary scrutiny of the exercise of these Henrician powers, will be an equally damaging and embarrassing moment in our nation’s governance.

Will the Minister please reflect on these probing amendments and come back to this House on Report with something more fit for the role and responsibilities of this kingdom’s Parliament in the reign of Charles III?