Taylor Review: Working Practices

Debate between Margot James and Neil Gray

Tuesday 11th July 2017 Commons Chamber

[Margot James]

The hon. Gentleman raises a number of issues. There is no intention to downgrade anybody’s rights. We want to be in a position to safeguard people’s rights and, when possible, improve them—we certainly do not want to downgrade them. I am sure that he will put his detailed observations into our consultation.

[Neil Gray (Airdrie and Shotts) (SNP)]

This Government continue to justify the existence of zero-hours contracts on the basis of flexibility, but the problems could largely be addressed if flexible working could be properly expanded and given a framework so that we knew exactly what it meant. Will the Government use this opportunity to properly expand flexible working and explain what it actually means?

[Margot James]

I cannot accept the premise behind the hon. Gentleman’s question. We are not seeking to end zero-hours contracts, because too many people want them and the flexibility associated with them, but we are seeking to root out abuse where it exists.

Draft Important Public Services (Health) Regulations 2017 Draft Important Public Services (Border Security) Regulations 2017 Draft Important Public Services (Fire) Regulations 2017

Debate between Margot James and Neil Gray

Wednesday 1st February 2017 General Committees

[Neil Gray (Airdrie and Shotts) (SNP)]

Yesterday, when we discussed other areas covered by similar instruments, I asked the Minister what direct discussions her Government had had with Ministers in the Scottish Government and other devolved Administrations. Although she could not provide an answer then about direct contact, has she had a chance, 24 hours since, to check up on what consultation has taken place?

[Margot James]

I can confirm that Ministers in what was the Department for Business, Innovation and Skills did have discussions with their counterparts in the Scottish Government.

As I was saying, strike action in important public services in the health, border security and fire sectors can have a significant impact on the public. That is why we have introduced a 40% approval threshold, which is to apply to important public services such as health, border security and fire, in addition to the requirement for a 50% turnout threshold.

[Margot James]

This is not a blanket coverage of every worker and every job description in the public service categories that we are debating. The regulations pertain to listed job descriptions within those important sectors. They do not encompass every single worker; they encompass workers whose work has a direct impact on the public in those sectors. If the hon. Gentleman wants a more specific answer on exact job categories, I can provide that, but not at this juncture.

During the passage of the Trade Union Bill last year, the Government consulted on the services within the public service categories set out in the legislation that should be subject to the 40% threshold and on how the threshold should operate in practice. We analysed more than 200 responses, reviewed the available evidence on the impact of strike action across different public services and listened to stakeholders’ views. The Government response to the consultation was published in January last year, when we also published the draft regulations. The substance of those draft regulations was discussed in Parliament during the passage of the Trade Union Bill. The regulations limit the application of the threshold to those services in the health, border security and fire sectors where there is the most compelling evidence of the impact of strike action. The regulations will ensure that the scope of strike action is proportionate.

What does that mean for the sectors affected? The pressing social need that we are addressing in the health sector is the risk to life or injury to the public in the event of industrial action. We have therefore focused the impact of the threshold where reduced service levels can have the most immediate impact on the lives and safety of patients and the public. That is why the regulations cover emergency and urgent health services. That includes—this goes some way to responding to the hon. Member for Glasgow South West’s question— ambulance staff, accident and emergency medical staff in hospitals, services that are provided in high-dependency units and intensive care in hospitals, and psychiatric, obstetric and midwifery services provided in hospitals for conditions that require immediate attention to prevent serious injury, illness or loss of life.

In the fire sector, our aim again is to protect the public against the risk to life or injury. In the light of that, we have focused on firefighting services, including co-ordination of the emergency response, because those services are critical to ensuring that fires are dealt with promptly and effectively to protect the public.

[Neil Gray]

The Minister rightly talks about the protection that workers in these sectors provide for all of us. They risk their lives and dedicate their lives for us on a day-to-day basis in all the sectors we are discussing. Given the dedication, the risk and what they are putting on the line for us, can she explain how the restrictions to the capacity of their right to strike are proportionate?

[Margot James]

I think I have already explained that, but if the hon. Gentleman requires me to restate it, we are seeking to rebalance the rights of those workers to strike with the rights of the public, particularly in the case he mentioned. For patients facing critical illness or emergencies, those two rights have to be balanced, and that is what the legislation is all about.

In the Border Force, we are addressing the significant risks to public safety in the event of disruption to border controls. We have focused on services in respect of the entry and exit of people and goods, as those are central to the carrying out of checks and to preventing illicit commodities and other threats to our security from entering the country.

Members of the public will agree that strikes in those important public services should take place only when there is a strong level of support and a justifiable mandate. I hope I have reassured Members that the regulations are justified and proportionate to our objective.

Draft Important Public Services (Education) Regulations 2017 Draft Important Public Services (Transport) Regulations 2017

Debate between Margot James and Neil Gray

Tuesday 31st January 2017 General Committees

[Margot James]

It is a great pleasure to serve under your chairmanship, Mr Evans.

The Trade Union Act 2016 modernises the UK’s industrial relations framework to better support an effective and collaborative approach to resolving industrial disputes. The Act restores a level of fairness to our industrial relations regime and gives effect to the Government’s manifesto commitments. It ensures that strikes can happen only as a result of a clear positive decision by those entitled to vote, balancing the interests of unions with the interests of the majority of people who rely on important public services.

[Neil Gray (Airdrie and Shotts) (SNP)]

The important public services that we are discussing today—education and transport—are devolved competences. What consultation has there been with the Scottish Government?

[Margot James]

I will come back to that point, if the hon. Gentleman permits.

The Act received Royal Assent in May 2016. Today we are debating two statutory instruments that implement a 40% threshold for ballot mandate approval for important public services in the education and transport sectors. As well as the requirement that 50% of union members who are eligible to vote do so, 40% of all eligible members will have to agree with the proposed mandate. We propose that the 40% threshold for the two sectors comes into force on 1 March.

--- Later in debate ---

[Margot James]

As I do not dwell on my own electoral circumstances, I cannot give an absolutely accurate answer to the hon. Lady’s question. However, I do not regard that as a parallel. That sort of question was raised when we debated the Bill last year. Everybody gets a say in the election of an individual MP to represent a constituency. It is not just a vote for one or another candidate; a range of candidates are on offer. Everyone who is going to be affected by the eventual outcome of such an election gets a say. In the cases we are describing, the non-striking workforce and—more important for this argument—the public, who require and depend upon these services, as they do in the hon. Lady’s own constituency, get no say whatsoever.

This is an attempt not to deny strike action or the validity of it, but to rebalance the interests involved. That is why we have introduced a 40% approval threshold to apply to these important public services, in addition to the requirement for a 50% turnout. It is in the interests of the public to know that where they face disruption in these crucial services as a result of strike action, it is because union members have secured a democratic mandate. That is also important for union members who did not support the strike action.

The Government believe that the measures being put in place strike the right balance. During the passage of the Trade Union Bill last year, the Government consulted on which services within the public service categories set out in the Bill should be subject to the 40% threshold and on how the threshold should operate in practice. We analysed more than 200 responses, reviewed the available evidence for the impact of strike action across different public services and listened to stakeholder views.

At this point, I will answer the question from the hon. Member for Airdrie and Shotts on what consultation took place with the Scottish Government. The Government held a public consultation on these measures during the passage of the Bill, published skeleton regulations as part of the Government response and invited comments from all stakeholders and members of the public, including in Scotland.

[Neil Gray]

A public consultation is very different from one-to-one correspondence with a Minister. Will the Minister elaborate on whether any direct contact was made with the Scottish Government on these matters?

[Margot James]

I imagine it was, but as I was not the Minister responsible at the time I cannot confirm that categorically.

As I said, the Government believe that the measures being put place strike the right balance. During the passage of the Trade Union Bill last year, the Government consulted on which services within the public service categories set out in the Bill should be subject to the additional 40% threshold and on how the threshold should operate in practice. The Government response to the consultation was published in January last year, when we also published draft regulations. The substance of those was discussed in Parliament during the passage of the Trade Union Bill. The regulations we are introducing today limit the application of the threshold to those services where there is the most compelling evidence of the impact of strike action and ensure that its scope is proportionate.

What does that mean for the education and transport sectors affected? The Government aim to ensure that all children have the right to an education, so we have focused on teachers who work with pupils of a compulsory school age in state-funded institutions. That reflects the importance of those years for children’s education and the disproportionate impact on learning that strike action can have. In the transport sector, our priority is to ensure that large numbers of people can rely on the services they need every day to make important journeys as far as possible. We have therefore focused on passenger services, because strike action is more likely to have an adverse and immediate impact on people’s ability to go to work, school, college and important appointments. That is why the regulations cover passenger railway services, including the maintenance of trains and the network, and the signalling and control of the operation of the train network. The regulations will also cover any London local bus services, civil air traffic control services and airport and port security services.