Strikes (Minimum Service Levels) Bill

Mary Kelly Foy Excerpts

Committee stage
Monday 30th January 2023 Commons Chamber

[Tahir Ali (Birmingham, Hall Green) (Lab)]

I refer the Committee to my entry in the Register of Members’ Financial Interests; I am a proud member of the Communication Workers Union and Unite the union.

I am appalled by the introduction of the Bill, but I cannot say that I am surprised by it. Historically, the Conservatives have taken every opportunity afforded to them in government to attack and curtail the rights of trade unions to represent hard-working people at their places of employment. Whether in the Industrial Relations Act 1971 under Heath or the raft of draconian anti-trade union laws introduced under Thatcher, the Conservatives have demonstrated again and again that they are fundamentally opposed to any notion of workers having a voice or a right to negotiate pay and conditions at their workplace. To attack the fundamental rights of workers to withdraw their labour is an act not of strength or leadership from the Government, but of downright cowardice.

Key workers across the UK, who are struggling to make ends meet after years of hard work and sacrifice, are now exercising their democratic right to demand better pay and conditions after 13 years of miserable Conservative Governments. Any sensible, sincere and serious Government would be doing everything in their power to ensure that agreement could be reached, so that workers could receive what they are owed and the public did not have to endure disruption any longer than necessary. It is the Government who are failing to provide the most minimum of service levels, not our public sector workers.

As a lifelong trade unionist, I know first hand the vital work done by trade unions throughout our society. I stood in solidarity with all the university workers who went out to protect their pensions. I stood in solidarity with BT workers, rail workers, Royal Mail workers and all the strike workers who have stood up for their rights to better pay and conditions under 13 years of miserable Tory Governments.

Again, on 1 February, I will stand by the public sector workers from Jobcentre Plus who are defending not only their jobs but their right to feed their children and to have living standards that have been eroded by Conservative Governments. Given the mortgage payment increases that resulted from the scenario made in Downing Street by the previous Chancellor and the previous Prime Minister, it is their right to go on strike to defend their right to have better pay that meets the increase in the cost of living. That cost of living crisis—made in Downing Street after 13 years of Conservative rule—means that every worker deserves to go out on strike.

The Minister muttered earlier that the Government were passing the Bill to save lives, but if they want to save lives, they should fill the 47,000 nursing vacancies, as the nurses are crying out for them to do; they should fill the vacancies for the doctors who are needed in the NHS; they should fill the vacancies in the police, where cuts have cost lives, and are costing lives, because policing cannot happen in the way that it should; and they should back the firefighters, who are delivering an excellent service despite the cuts that Conservative Governments have forced on them. If I want a better life for myself, it is equally the right of every single working-class person in the country to stand up for their rights and to make sure that their children do not go hungry. Children should be fed in school and at home—free meals should be provided for everyone at primary school level.

Equally, we must realise that the cost of living crisis created by the Government is forcing people to go out on strike. The poll carried out by YouGov—a name we have heard a few times this week—for Sky News today shows that despite the increase in the number of strikes, there is huge public support for workers, because they are ordinary working people who are suffering. Children and working people are suffering, and the cost of living crisis is crippling families’ take home pay. That is their fundamental right. This Government are failing to provide the minimum service levels that our public sector needs and deserves.

The work of trade unions is much more fundamental than that. It is about ensuring that people have a voice and can act and hold their employers to account, whether that be on working conditions, health and safety matters or pay and conditions. It is about fairness, justice and democracy at work. The Bill represents an outright attack on these values, and it should be rejected by every person in this Chamber and everyone who will be voting later today. Who would believe that workers would be treated with the utmost disrespect after this 13 years of Tory rule?

It is evident that at every step of the way this Government have tried to denigrate the unions and the rights of the unions. There were remarks made from the Government Benches about trade unions bankrolling Labour Members, but let me remind the Minister: it is up to every union member whether they opt in or out of the political fund, and it is incumbent on unions to ballot their members on it. I say with great satisfaction that the vast majority have opted in so that political work and campaigning can happen.

I am proud to stand here as a trade unionist. If we are to do justice by people, we need an increase in nurses and doctors, and we need funding for schools so that teachers can properly provide the services they went into their careers to provide. There is an alternative to these minimum service levels. It is called a general election. If the Government really believe what they are doing is in the interests of the people of this country, they should call a general election and find out.

[Mary Kelly Foy (City of Durham) (Lab)]

I speak as a proud trade unionist, a member of Unite the union and Unison, and as someone who appreciates and is grateful to all our public servants. I echo the case put forward by my right hon. Friend the Member for Ashton-under-Lyne (Angela Rayner) and support the amendments put forward by Opposition Members. My view is simple: this draconian Bill is as anti-democratic as it is unethical. It is as unworkable as it is counterproductive. It is an admission by a Conservative Government who are out of ideas and fundamentally out of touch with the working people who are the backbone of our public services. We are witnessing the greatest strike disruption that this country has seen since 1990. It is not a mystery why: workers have faced the biggest squeeze in their wages since the Napoleonic era.

In the private sector, many employers have engaged in constructive negotiations to agree pay deals, but in the public sector the Government have refused to get around the table. They have decided to legislate rather than negotiate. It would cost £18 billion to provide proper, inflation-matching pay awards for public service staff. The Public Accounts Committee estimates that His Majesty’s Revenue and Customs is owed an eye-watering £42 billion in unpaid taxes. Rather than bringing forward a Bill to restrict workers’ ability to fight for fair pay, perhaps Ministers could look into recovering that revenue to cover the cost of these fair wages. I understand that a former Cabinet member has some experience in this area and now has some time on his hands as well.

When the public look to our NHS or our schools or any of our public services, they see 13 years of Tory mismanagement. The staff working in those services are simply echoing the same concerns, because they too are members of the public. They are reliant on those services and they are feeling the cost of living crisis.

Today, after much consideration, firefighters have overwhelmingly, and democratically, voted to strike. This is a last resort for those members, but they have witnessed their pay being eaten away, some of them are having to use food banks, and their life-saving services have been cut by 30%. Fundamentally, this case underlines why this legislation is not about public safety. This Government’s cuts have been putting the public at risk every single day. Moreover, the FBU has already negotiated a major incident agreement with fire employers, proving once again that this Bill is a desperate attempt to restrict its ability to push for a fair wage.

--- Later in debate ---

[Mary Kelly Foy]

I could not agree more with the hon. Member. Government Members must remember that these nurses, teachers and firefighters are themselves the general public who they claim are the ones feeling the pinch and who have the right to a decent service. They are the people who are striking now.

To finish, this Bill just shows, if ever proof were needed, that this is a Government whose every action is allowing the rich to get richer and the poor to become poorer.

[Kevin Hollinrake]

I thank hon. Members on both sides of the Committee for their contributions.

Consistent with the contributions that have been made, this Government firmly believe that the ability to strike is an important element of industrial relations in the UK—it is rightly protected by law—and we understand that an element of disruption is likely with any strike. However, we need to maintain a reasonable balance between the ability of workers to strike and the rights of the public, who work hard and expect the essential services that they pay for to be there when they need them. We need to be able to have confidence that, when strikes occur, people’s lives and livelihoods are not put at undue risk.

Strikes (Minimum Service Levels) Bill

Mary Kelly Foy Excerpts

Consideration of Lords amendments
Monday 22nd May 2023 Commons Chamber

In summary, the Government should accept Lords amendments 4, 5, 6 and 7. Assuming that the Government win the votes tonight, I hope that the Lords do the right thing and reinstate the amendments, as well as Lords amendment 2. With Lords amendment 1, it is no small irony that it is unelected Labour and Liberal Lords who recognise the democratic deficits of Scotland and Wales having unwanted policies imposed upon us. It is time that Labour recognised that these Lords amendments are at best a sticking plaster. We need full devolution of employment law and workers’ rights to Scotland. Labour must commit to that if it is to form part of the next Westminster Government. While we obviously want full independence, full devolution of employment law is a pragmatic step forward. That reflects the wishes of the trade unions, which I would hope a proper Labour party would be reflective of, because we know that that lot over there on the Government Benches certainly are not listening.

[Mary Kelly Foy (City of Durham) (Lab)]

I rise this evening as a proud trade unionist, proud to declare my interest as a member of two great unions—Unite and Unison—and proud to represent a constituency that is at the heart of the labour movement. I know that every single worker who marches in the Durham miners’ gala will be opposed to this Bill, which is autocratic, undemocratic and unworkable. It is autocratic because it gives enormous powers to the Secretary of State through Henry VIII powers, reducing Parliament’s role to a rubber stamp. It is undemocratic because it is another poorly written Bill rushed through Parliament that will undoubtedly see the intervention of the courts after Royal Assent. It is unworkable because trade unions and their members will not accept this blatant attack on their rights, and nor should they.

Since the Combination Act 1799, the party on the Government Benches has tried to suppress working people’s rights, but it has never succeeded in that, and it never will. The right to strike is a fundamental human right that goes hand in hand with freedom of association. History shows us that working people are never afraid to challenge an oppressive Government. We have seen that in the recent wave of industrial action, where workers are prepared to fight for decent pay, against poverty wages, for secure jobs and for their communities. They will continue, whether or not this Bill becomes law, and the public will be on their side.

Ministers could have used this time to negotiate with trade unions, tackling the real causes of industrial unrest. Instead, they have wasted Parliament’s time with a Bill that the Joint Committee on Human Rights has said falls short of human rights obligations. Amendments made in the other place have sought to put flesh on this skeleton Bill—amendments that the Government will reject this evening.

It is disgraceful that this Bill seeks to undermine devolution using Henry VIII powers. I commend my hon. Friend the Member for Cynon Valley (Beth Winter) on her amendment in Committee, and I welcome the amendments from the other place. The British Government should not be interfering in areas where they have no responsibility. It will simply deepen the divide between London and the devolved Governments, and it is a joke that Ministers talk about public safety during strikes when the Bill itself does not even mention safety. It is all just a smokescreen to attack workers’ rights even further.

On the Government’s watch, austerity has removed 20% of firefighters since 2010, making all our lives less secure. It is the same with nurses. Tens of thousands left the job they love just last year, and now the Government want to make nurses’ lives and the lives of millions of other workers even harder. Why are Ministers not tackling the causes of this issue—the cost of living crisis that is making the lives of my constituents a misery?