Strikes (Minimum Service Levels) Bill

Nigel Evans Excerpts

2nd reading
Monday 16th January 2023 Commons Chamber

[Anna Firth]

No, I won’t because of the time.

That right has been a key part of our labour laws since 1906. If I can introduce just a moment of levity into this debate, one could say that collective action actually started in 1381 with the peasants’ revolt, which started in Essex.

However, it is undeniable that strikes are incredibly disruptive. In October last year, we lost 417,000 working days due to strike action, and 2022 is set to have the highest number of days lost to strike action since 1990. Whether it is our trains, ambulances, hospitals or postal service, the strikes disproportionately affect the poorer people in my constituency. Two million people journeys were made from two stations in my constituency of Southend West. These are people who cannot work from home, who cannot afford taxis to get to and from work, who are not allowed the indulgence of hotels that—let’s face it—those of us who work in this place are able to claim. And this affects children. People travelling to our brilliant grammar schools in Southend generally do so by train from different parts of Essex. Our children’s education has suffered enough due to covid. There must be minimum levels to ensure that our children get the education they deserve when they are in school.

On fairness and equality, by ensuring that we have minimum safety levels in our public services, we are ensuring that a service funded by taxpayers equally, serves every taxpayer equally. How could anybody object to that?

This should not be a controversial opinion. Police officers and members of the armed forces are already prevented from taking strike action. Too often, we have to rely on the armed forces, who cannot take strike action because theirs is an essential service. Life and limb are involved. Yet we rely on them—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I call Barry Gardiner.

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[Barry Gardiner]

That is quite simply because they are introducing a party political measure that is designed to provoke this House.

I call on all Conservative Members, if they care about the Union at all, to vote against this wrecking ball of a Bill, which will only provide succour to those voices seeking to destroy our constitutional settlement and our United Kingdom. Under the Bill, the employer has the unilateral right to identify in a work notice the individual workers required to operate the MSL. A worker who refuses to comply after having been requisitioned in this way will lose unfair dismissal protection.

The Government are thus authorising employers to do what not even a court in this country can do. Under the Trade Union and Labour Relations (Consolidation) Act 1992:

“No court shall…compel an employee to do any work or attend at any place for the doing of any work.”

However, once the union is notified of the identity of the workers to be requisitioned, the Bill requires the union to take “reasonable steps” to ensure that all its members identified in the work notice comply with it. It is ironic that, under the Bill, the same trade union may be required to discipline or expel—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I am terribly sorry that I had not given notice, but we are going down to three minutes to get as many people in as we possibly can.

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

I should first declare that I am a member of the British Medical Association. As an NHS consultant paediatrician and a member of the Health and Social Care Committee, I take a great interest in the Bill and particularly in its impact on health. During my career, I have worked—indeed, I continue to work—with many fabulous NHS staff. However, as many hon. Members have rightly pointed out, the pay rise of over 19% demanded by the Royal College of Nursing is simply unaffordable.

The pay rises being demanded would also continue to drive up inflation at a time when the Government are working night and day to keep it down. Because of the way in which NHS staff are paid, we cannot give one group a pay rise without giving it to others in the same pay band. Although different unions give the impression that they are negotiating separately—the ambulance staff, the nursing staff, the middle and junior managers—in reality, they are all on the same banding scheme. A rise for one is a rise for all, with each 1% rise costing £700 million.

It is clear that the Opposition seem to have misrepresented the Government’s policy as an attempt to take away the right to strike, when that is so clearly not the purpose of this legislation. When it comes to the NHS, it is not right that those who are in desperate need of medical care cannot get an ambulance or receive care because of strike action. These are measures designed to protect lives and ensure that people who face an imminent threat to life or limb have quick access to care and treatment. How could anybody not want such care to be received? That is why minimum service levels are individually negotiated by the various ambulance services, but that leads to inconsistency across the country. A pre-agreed national minimum level will help to improve patient safety.

Another reason we need minimum service levels is that legislation on striking services does not require people to say whether or not they are striking. That has recently meant a situation in which people organising ward rotas have not known who is turning up to work, which makes it very difficult to plan even minimum services for shifts. That is all very well when you are dealing with parcel deliveries, but when you need a certain number of people to care for acutely sick people, it is vital to be able to plan. A minimum service level allows that.

Furthermore, the Opposition are suggesting that the Government want to sack people for striking. That, again, is a gross distortion. Striking is a collective decision; that is why it is voted on. The Government’s measures apply to those who, having agreed to be part of a minimum service level, then do not turn up to work. That would be a dereliction of duty under any circumstances, and in practice we all know that it is not going to happen, because NHS staff would simply never do that.

It has been clear for some time that Opposition Members are not brave enough either to say how much they would offer the unions or to criticise the strikes, even when they so clearly threaten the lives of their constituents. It is perhaps no coincidence that the unions behind the recent ambulance strikes are some of the Labour party’s biggest donors. In the meantime, the Government, my Back-Bench colleagues and I will continue to serve our country and our constituents. The first duty—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order.

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[Mhairi Black]

Absolutely—and that leads me neatly to my next point.

I have previously spoken about the dangers of sleepwalking into fascism if we are not careful. I did not say it lightly then and I do not say it lightly now, but history is undeniable. The slide into authoritarian and anti-democratic politics has always been underpinned by anti-trade union rhetoric. Over the years, we have listened to countless right-wing politicians and Governments claiming that Brexit would in no way affect workers’ rights, yet here we are.

The reason trade unions organise industrial action is that it works. It has always been the only language that those who hold power understand. The only reason any worker has any rights at all is the existence of trade unions, and the ability of workers to organise collectively in defence of their jobs and their livelihoods. People who bleat about the disruption that strike action causes are missing the point entirely. If your day is disrupted by someone not turning up to their job, it just goes to show how crucial that person’s job is, and why their pay and conditions should reflect that.

There is another myth that I have heard. In fact, people do not undertake strike action lightly. Strikers lose money. Strike action indicates a crisis. Our nurses, doctors, teachers, cleaners and supermarket workers are the very people who have kept the world turning through a global pandemic, a cost of living crisis and 13 years of Tory austerity, but this Government choose to ignore and demoralise them at every turn. This Government would rather blame striking workers than acknowledge the fact that the root causes of strike action lie directly at their door. We have the lowest pensions and sick pay in Europe, we still do not have a living wage and we are living in economic chaos, with inequality getting worse.

The only people who are putting the health and safety of the public at risk are the members of this Government —a Government run for Twitter; a Government of clicks and culture wars, with no serious answers. Ultimately, trade unions work, and that is exactly why the Tories are going after them.

[Mr Deputy Speaker (Mr Nigel Evans)]

I call Clive Efford.

[Clive Efford (Eltham) (Lab)]

I withdrew, Mr Deputy Speaker, because I was not present for the opening speeches.

[Mr Deputy Speaker]

Christine Jardine will be delighted to hear that.

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[Several hon. Members rose—]

[Mr Deputy Speaker (Mr Nigel Evans)]

If Members can shave a few seconds off their speeches, it would help to get everybody in.

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[Tommy Sheppard]

Indeed, I do. Across the public sector we see people who, in recent years, saved us from the trials of the pandemic. These are people who should be venerated, not demonised. They should be paid, not punished.

The international comparisons made in this debate are so spurious when we look at them. Not a single country in Europe has legislation like this. The minimum standards everywhere else are negotiated. There is no other country in which a person can be sacked for going on strike if their employer says they cannot, as proposed in this Bill.

The proposals in relation to Scotland and the devolved Administrations are the most pernicious. Is it because the Government are jealous or frustrated at the fact that the Government in Scotland take a different view—that, rather than demonise trade unions, they will sit down with them, respect them and try, within the constraints, to get a negotiated deal? Are the UK Government so furious with the Scottish Government for doing that that they now see the need to export, across the border, a conflict in our industrial relations? That is what is coming, and it is a slap in the face to everyone who supports devolution. This Bill proposes that, in devolved services such as transport, health and education, the parameters for operation will not be set by the elected Parliament in Edinburgh but by this place, even if the parameters do not fit the circumstances. People in Scotland will reject these proposals, as they reject the other attempts to erode the limited power they have. And they will call for complete control of industrial relations in Scotland—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Not everyone is going to get in. If Members take interventions, more people will not get in.

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[David Linden (Glasgow East) (SNP)]

Have we not been told so often throughout the course of this Parliament that one reason we do not have an employment Bill is that there is no parliamentary time? Yet when we see on television the likes of Mick Lynch and Dave Ward, who the Government seem to think have a big button to cause chaos, all of a sudden a Bill comes forward that gives huge amounts of power to the Secretary of State for Business, Energy and Industrial Strategy. Frankly, looking at clause 3 of the Bill, I would rather put Robert Mugabe in charge of the Electoral Commission than allow the Tories the opportunity to be in charge of workers’ rights.

It is already incredibly hard for workers to exercise their most basic, fundamental human right to withdraw their labour. The thresholds are already very high, and the people I stand alongside on picket lines, whether at Royal Mail or Glasgow Central station, do not want to be on strike. They are doing it knowing they will lose a day’s pay. The attitude of the Government and, in particular, this Secretary of State towards unions is about creating a wedge issue, trying to generate a huge division and pit worker against worker. The reality is that we in this country—or in these countries—already have a very large public service. As my hon. Friend the Member for Edinburgh East (Tommy Sheppard) said, huge numbers of people, in our families and in our neighbourhoods, are taking industrial action.

In reality, this legislation is not necessary. It is not national security legislation. It does not have to be rushed through in a day. The tawdry programme motion would ram the Bill through in the space of five hours even though we would be radically altering people’s terms and conditions and their ability to work. That raises bigger questions about the direction of travel that this Government have taken.

As colleagues have said, the Government already want to remove people’s ability to protest and the ability of the Scottish Parliament, which is democratically elected, to vote. Tonight, they are seeking to block legislation that has been passed by two thirds of that Parliament, which has legislative competence. This Government are going in the wrong direction. Frankly, to respond to the hon. Member for Brent North (Barry Gardiner), this makes the case for us. It is why we and the people of Scotland do not want to be a part of this absolutely crumbling democracy that has no legitimacy in Scotland.

[Mr Deputy Speaker (Mr Nigel Evans)]

I am really grateful to those of you who have kept your remarks to well under three minutes; it is good.

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[Sam Tarry (Ilford South) (Lab)]

I proudly draw the House’s attention to my entry in the Register of Members’ Financial Interests.

It should be recorded in this House that, in our country’s history of progress, it was the trade unions that ended child labour, it was the trade unions that made workplaces safer, and it was the trade unions that gained us holidays, maternity and paternity pay, paid sick leave, equal pay legislation, pensions, workplace anti-discrimination laws, and even the weekend. The Government would do well to remember that trade unions have made an immensely positive contribution to society. A strong trade union movement is the cornerstone of any healthy, functioning democracy and a more equal, fair and prosperous society. The good news is that trade union membership is on the rise, with a net increase of 200,000 members over the past three years and online inquiries to the TUC surging by 700% this summer. Organised labour is back and it is going absolutely nowhere.

Shocking leaked emails from this Government show that Ministers are deliberating on an outright ban on trade union membership and strike action, and even introducing further restrictions on the democratic right to withdraw labour. Why might that be? Striking workers in various sectors—from bus drivers to BT engineers—have won for themselves double-digit pay rises, as well as better conditions and an end to outsourcing, while public support for strike action is at an all-time high. Many trade union leaders are more popular than any Government Minister right now, in 2023.

The Government’s own impact assessment of the Bill says that it could mean that more action is taken more frequently, as a way to pressure employers. In rail, the Bill seems particularly short-sighted and even at odds with what many train operating companies want. What happens when, as Mick Whelan from ASLEF asked, 100% of passengers try to get on 40% minimum service level trains? Ultimately, the Bill will do nothing to help resolve disputes or support good industrial relations; in fact, it will do absolutely the opposite.

Last week, the Secretary of State told me that ILO common practice authorises minimum service levels, but he neglected to mention that the ILO imposes restraints on the circumstances in which such powers can be used, the antithesis of the blank cheque that the Bill will give him and other Ministers. This Government’s attempts to draw comparisons with minimum service levels in Europe wholly ignore the broader context of industrial relations across the continent, where there are far higher levels of collective bargaining agreements. In fact, I would say that these proposals are more akin to the practice in countries such as Singapore and Turkey, where strikes can be undermined at the whim of the Government. It is totally disingenuous to suggest otherwise.

The Bill will give Ministers extraordinary powers. Firefighters, nurses, teachers and the same key workers the Government have praised will find themselves liable to be prohibited from striking. It is unnecessary. We should not be back to the days of the Tolpuddle martyrs.

[Mr Deputy Speaker (Mr Nigel Evans)]

It is half an hour before the wind-ups start and there are more than 10 Members wishing to speak, so do the maths. Please come within the three minutes in order to get everybody in.

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[Beth Winter (Cynon Valley) (Lab)]

I refer Members to my entry in the Register of Members’ Financial Interests as a proud former employee of the University and College Union. I am also a proud member of Unite.

This Bill exposes this Tory Government’s contempt and disregard for working people, whose difficulties have been caused by them. Its purpose is to dismantle the trade union movement and workers’ rights, and it entrusts yet greater powers to the Government. It is authoritarian and an affront to democracy. The Bill does not establish minimum service levels for strikes. Those will follow in regulations, deprived of the proper scrutiny afforded to primary legislation. It does not ensure the safety of the public in times of industrial action—unions in relevant sectors already do that. So what is it for? As Mick Lynch of the RMT has said, this law is “a form of conscription” that would allow employers to choose how many striking employees they wanted to force to work.

The Conservatives have spent 12 years creating a low-pay Britain. Now that trade unions are effectively organising to lift people’s pay, the Tory party is concerned that it has lost control, and wishes to restore it. The Bill allows employers to sack individuals for participating in legitimate industrial action. It enables employers to sue trade unions for not forcing workers to cross the picket line, placing unions at risk of incurring significant costs that could cause the demise of trade unions. It will give enormous powers to the Secretary of State and to employers.

The Bill is also drafted without necessary detail or substance. There has been no consultation and no impact assessment. It is an imposition to weaken and even dismantle the trade union movement.

The UK Government are introducing a Bill that will overrule the powers and policies of the devolved Governments as the Welsh Government introduces a social partnership Bill. As Welsh Government’s Counsel General, Mick Antoniw, said:

“It is a fundamental attack on freedoms, and as Welsh Government we will give it no credence or support”.

Having sat in the Chamber and listened to all contributions intently, I must take issue with the myths propagated about, and vilification of, our key workers and trade unionists. All people want is fair, decent pay, terms and conditions and to protect our vital public services. Surely all of us in the Chamber should support that. I will oppose the Bill this evening.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I ask those who took part in the debate please to come to the Chamber for the wind-ups, which will begin no later than 9.40 pm.

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[Mr Deputy Speaker (Mr Nigel Evans)]

No, we still have another two and a bit minutes to run, so I am using my discretion not to accept that.

[Kevin Hollinrake]

In response to questions regarding the consistency of this legislation with the UK’s—

[Dawn Butler (Brent Central) (Lab)]

On a point of order, Mr Deputy Speaker. The Minister has said that it will cost the Government £28 billion to settle the dispute with our public service workers. The Institute for Fiscal Studies predicts that it will actually cost the public a significantly lower figure, £14 billion, to meet the public sector demands. Is there a way in which we can get the Minister to correct the record on the Floor of the House?

[Mr Deputy Speaker (Mr Nigel Evans)]

I thank the hon. Lady for her point of order. The Chair is not responsible for the content of any speeches, be they ministerial or Back-Bench contributions, but it is well evidenced that if any Member finds out that they have unwittingly misled the House, they must correct the record at the earliest possible opportunity.

Strikes (Minimum Service Levels) Bill

Nigel Evans Excerpts

Committee stage
Monday 30th January 2023 Commons Chamber

Question proposed, That the clause stand part of the Bill.

[The First Deputy Chairman of Ways and Means (Mr Nigel Evans)]

With this it will be convenient to discuss the following:

Clause 2 stand part.

Amendment 80, in clause 3, page 1, line 14, after “may”, insert “not”.

The purpose of this amendment is to ensure that any consequential provision is made only by an Act of Parliament.

Amendment 84,  page 1, line 15, at end insert—

“(1A) No such regulations shall be made without the prior agreement of the Confederation of British Industry and the Trades Union Congress.”

This amendment, together with Amendment 83, is intended to partially fulfil the conditions required by ILO Convention 87 by providing that minimum service levels are reached by negotiation.

Amendment 100, page 1, line 16, leave out subsections (2) and (3).

This amendment would remove the Secretary State’s powers to amend, repeal or revoke primary legislation, through regulations.

Amendment 27,  page 1, line 16, after “may” insert “not”.

The purpose of this amendment is to ensure that any amendment, repeal or revocation of primary legislation is made only by an Act of Parliament.

Amendment 101, page 1, line 18, leave out from “Act” to end of line 19.

This amendment would remove the Secretary of State’s powers to bring in regulations to amend, repeal or revoke primary legislation, later in the same session of Parliament as this Act.

Amendment 22,  page 1, line 19, at end insert—

“(2A) No provision whatsoever having effect in Northern Ireland may be made under or by virtue of this Act unless and until the Northern Ireland Assembly has approved a joint decision by the First Minister and deputy First Minister that such provision should be made.”

This amendment is intended to ensure that the Bill will not be extended to cover Northern Ireland without appropriate devolved consent.

Amendment 102, page 2, line 5, leave out from “section” to end of line 7 and insert—

“must be made under the affirmative resolution procedure”.

This amendment would ensure that any regulations made under clause 3, must be made under the affirmative resolution procedure.

Amendment 28, page 2, line 8, leave out subsection (5) and insert—

“(5) In this section “primary legislation” means an Act of Parliament.

(6) For the avoidance of doubt, this section shall not apply to—

(a) an Act or Measure of Senedd Cymru, or

(b) an Act of the Scottish Parliament.”

The purpose of this amendment is to provide that, if Clause 3(2) is retained, the power of United Kingdom Ministers to amend primary legislation should not apply to Acts of the Scottish Parliament or the Senedd Cymru.

Amendment 97, page 2, line 8, leave out subsection (5) and insert—

“(5A) For the avoidance of doubt, this section shall not apply to—

(i) an Act or Measure of Senedd Cymru, or

(ii) an Act of the Scottish Parliament.”

The purpose of this amendment is to preclude the power of United Kingdom Ministers in clause 3(2) to amend primary legislation and extends that power to Acts of the Scottish Parliament or the Senedd Cymru.

Amendment 81,  page 2, line 8, leave out from “means” to end of line 11 and insert “an Act of Parliament.”

This amendment would remove Acts of the Scottish Parliament or Senedd Cymru from the power to amend or repeal primary legislation by regulations made by statutory instrument.

Amendment 76, page 2, line 10, leave out subsection (b).

This amendment would prevent the Secretary of State from being able to make consequential amendments to an Act or Measure of Senedd Cymru.

Clause 3 stand part.

Amendment 98, in clause 4, page 2, line 13, leave out from “England” to end of line 13 and insert—

“only.

(2) This Act does not apply to disputes which take place in—

(a) Scotland or Wales; or

(b) the United Kingdom if any of the workers who are parties to the dispute are employed by an employer to work in Scotland or Wales, as the case may be.

(3) For the avoidance of doubt, this Act shall apply only to disputes where all the workers who are parties to the dispute are employed by an employer to work in England.”

The purpose of this amendment is to exclude the application of the Act to Scotland and Wales.

Amendment 77,  page 2, line 13, leave out “and Wales”.

The purpose of this amendment is to exclude the application of the Act to Wales.

Amendment 30,  page 2, line 13, leave out “and Scotland”.

This amendment is intended to prevent the Bill applying to Scotland. See also Amendments 36, 37 and 38.

Amendment 107, page 2, line 13, leave out “and Wales and Scotland.”

This amendment would confine the extent of the Act to England.

Clause 4 stand part.

Amendment 31, in clause 5, page 2, line 15, at beginning insert “Subject to subsection (2),”.

See explanatory statement for Amendment 32.

Amendment 67,  page 2, line 15, leave out from “force” to end of line 15 and insert—

“in accordance with this section.

(1) Sections 4 to 6 of this Act come into force on the day on which this Act is passed.

(2) The remaining provisions of this Act come into force on a date specified by the Secretary of State, which may not be before one month after the day on which the Joint Committee on Human Rights, following the taking of written and oral evidence, has published a report as to whether in its opinion the Act’s provisions are compatible with the right to freedom of assembly and association under Article 11 nof the European Convention, as well as the right to strike as recognised in other international instruments that the United Kingdom has ratified.”

This amendment requires the publication of a report from Joint Committee on Human Rights before the Act can come into operation.

Amendment 20, page 2, line 15,  leave out “on the day on which this Act is passed” and insert—

“in accordance with section [Compliance condition for commencement]”.

Amendment 32, page 2, line 15, at end insert—

“(2) But no regulations may be made under this Act or the Schedule to this Act before the Secretary of State has laid before Parliament statements of consent to the Act from—

(a) the Scottish Parliament,

(b) Senedd Cymru, and

(c) the Greater London Assembly.”

The intention of this Amendment is to prevent the Act coming into operation until after consent to the Act has been obtained from the Scottish Parliament, Senedd Cymru and the Greater London Assembly.

Clause 5 stand part.

Clause 6 stand part.

New clause 1—Compliance condition for commencement—

“(1) This section and sections 4 to 6 come into force on the day this Act is passed.

(2) The remainder of the Act comes into force on a day to be specified in regulations by the Secretary of State which may not be earlier than the day after the High Court has issued a certificate under this section.

(3) The Secretary of State may apply to a Judge of the High Court of Justice for a certificate that the law in this Act is compliant with—

(a) the obligations set out in Convention 87 of the International Labour Organisation;

(b) the obligations set out in the European Social Charter of 1961 which have been ratified by the United Kingdom;

(c) the obligations of the United Kingdom set out in Article 387 sub-paragraphs (2) and (4) of the UK/EU Trade and Cooperation Agreement 2021; and

(d) the obligations of the United Kingdom set out in Article 399 sub-paragraphs (2) and (5) of the UK/EU Trade and Cooperation Agreement 2021.

(4) On an application made by the Secretary of State for the certificate in subsection (3) above, after hearing the Secretary of State, the Trades Union Congress, the Confederation of British Industry and such other organisations or individuals whose applications the Judge may consider should be heard, the Judge shall grant the certificate only if the court is satisfied that the law of the United Kingdom is compliant with the obligations set out in paragraph (3).”

This new clause would prevent the Act from coming into operation until a court had certified that the Act complied with the UK‘s relevant international obligations.

New clause 2—Extent (No. 2)—

“(1) This Act extends and applies to England only.

(2) This Act does not apply to disputes which take place in—

(a) Scotland or Wales; or

(b) anywhere in Great Britain, if any of the workers who are parties to the dispute are employed by an employer to work in Scotland or Wales, as the case may be.

(3) For the avoidance of doubt, this Act shall apply only to disputes where all the workers who are parties to the dispute are employed by an employer to work in England.”

The purpose of this new clause is to exclude the application of the Act to Scotland and Wales.

New clause 3—Impact assessment: duties to work with trade unions in Wales—

“The Secretary of State must, within one month of the day on which this Act is passed, lay before Parliament an assessment of the effect of this Act on industrial relations in Wales, with particular reference to the intended outcomes of the Social Partnership and Public Procurement (Wales) Bill currently before Senedd Cymru.”

This new clause would require the Government to publish an assessment of the impact of this Act on social partnership.

New clause 4—Requirement for consent from devolved institutions—

“No regulations may be made under any provision of the 1992 Act inserted by this Act before the Secretary of State has laid before Parliament statements of consent to this Act from—

(a) the Scottish Parliament,

(b) Senedd Cymru,

(c) the Greater London Assembly, and

(d) Combined Authorities in England that have responsibility for delivering services that fall within any of the categories set out in s234B(4) of the 1992 Act.”

Amendment 36, in the schedule, page 3, line 7, after “services” insert “in England and Wales”.

This amendment is intended to prevent the Bill applying to Scotland.

Amendment 37, page 3, line 8, after “levels” insert “in England and Wales”.

This amendment is intended to prevent the Bill applying to Scotland.

Amendment 38, page 3, line 11, after “levels” insert “in England and Wales”.

This amendment is intended to prevent the Bill applying to Scotland.

Amendment 83, page 3, line 12, at end insert—

“(1A) No such regulations shall be made without the prior agreement of the Confederation of British Industry and the Trades Union Congress.”

This amendment, together with Amendment 84, is intended to partially fulfil the conditions required by ILO Convention 87 by providing that minimum service levels are reached by negotiation.

Amendment 115, page 3, line 12, at end insert—

“(1A) Minimum service regulations—

(a) may be made only if the Secretary of State reasonably believes them to be necessary to protect the life, personal safety or health of the whole or part of the population; and

(b) may provide only for levels of service reasonably considered necessary to provide protection for the life, personal safety or health of the whole or part of the population.”

This new subsection would limit the levels of service which the Secretary of State could set in regulations to levels of service that the Secretary of State reasonably believes to be necessary to protect life, personal safety or health.

Amendment 116, page 3, line 12, at end insert—

“(1B) Minimum service regulations must—

(a) not provide for levels of service which are greater than those necessary to satisfy the basic needs of the population or the minimum requirements of the service; and

(b) ensure that the scope of the minimum service does not render ineffective any strike it affects.”

This new subsection would limit minimum service regulations to the levels indicated as appropriate in conclusions of the International Labour Organisation’s Committee on Freedom of Association.

Amendment 15, page 3, line 15, leave out “even” and insert “except”.

This amendment would stop the Secretary of State from being able to set minimum service levels for disputes that have already been balloted for.

Amendment 99, page 3, line 15, leave out “even if” and insert “unless”.

The amendment seeks to stop regulations under this Bill from being applied to strikes which have already been balloted for.

Amendment 59, page 3, line 20, at end insert—

“(2A) A minimum service level must not be framed so that it would require more than 30% of a workforce to be served with a work notice.”

This amendment would limit the proportion of a workforce which can be required by a minimum service level so as to ensure that a majority of workers will be able to withdraw labour.

Amendment 60, page 3, line 20, at end insert—

“(2A) A minimum service level must be framed to take account of the actual levels of service provided in the previous year.

(2B) After a minimum service level regulations have been issued, no work notices may be issued for any further strikes unless the employer has maintained the minimum service level on days not affected by strike for at least 3 months.”

This amendment would prevent employers from requiring a minimum service level if the employer had not previously been able to maintain such a level on days not affected by strike action.

Amendment 61, page 3, line 20, at end insert—

“(2A) Minimum service levels must not exceed 20% of normal service levels achieved, except in so far as additions to the minimum service level is wholly determined for operational reasons related to health and safety requirements.”

This amendment would stipulate 20% of normal service levels as an upper threshold for minimum service levels.

Amendment 16, page 3, line 21, leave out subsection (3).

See Amendment 17.

Amendment 21, page 3, line 22, at end insert—

“(2A) The Secretary of State may not add to the list of categories in subsection (4) below.

(2B) The Secretary of State may by regulations made by statutory instrument subject to annulment remove any categories from subsection (4) below.

(2C) After a category has been removed from subsection (4) below, it may not be added back in to that subsection except by primary legislation.”

This amendment bars any addition to, or any reinstatement of, the 6 categories of service to which this Act applies, while facilitating the removal of any of those categories.

Amendment 17, page 3, line 23, leave out from “that” to end of line 31 and insert—

“have been approved for specification under this Act by resolution of each House of Parliament.”

This amendment would ensure that minimum service level regulations apply only to services that have been approved by resolution in both Houses.

Amendment 9, page 3, line 25, leave out paragraph (a).

This amendment would remove “health services” from the Bill.

Amendment 75, page 3, line 25, at end insert—

“except nurses, doctors, paramedics, ambulance support workers, veterinary services, community health services, pharmacists, mental health services, sexual health services, speech and language therapy services, dental services and transportation of medical supplies services.”

This amendment would various occupations and sub-sectors of the health sector from the regulations in the Bill.

Amendment 10, page 3, line 26, leave out paragraph (b).

This amendment would remove “fire and rescue services” from the Bill.

Amendment 11, page 3, line 27, leave out paragraph (c).

This amendment would remove “education services” from the Bill.

Amendment 74, page 3, line 27, at end insert—

“except primary schools, secondary schools, further education colleges, universities, contracted school transportation, private schools and academies.”

This amendment would exempt various occupations and sub-sectors of the education sector from the regulations in the Bill.

Amendment 12, page 3, line 28, leave out paragraph (d).

This amendment would remove “transport services” from the Bill.

Amendment 73, page 3, line 28, at end insert ——

“except aviation services, airline services, airport services, airport fire services, car delivery services, road haulage services, parcel delivery services, bus services, tram services, rail infrastructure, rail engineering ferry and waterway services, seafarers, and dock services.”

This amendment would exempt various occupations and sub-sectors of the transport sector from the regulations in the Bill.

Amendment 109, page 3, line 28, at end insert—

“, except where the service is

(i) a rail service wholly or partly within Scotland,

(ii) a bus service registered with the Traffic Commissioner for Scotland,

(iii) a ferry service wholly or partly within Scotland,

(iv) any aviation service which uses a facility holding an aerodrome certificate issued the Civil Aviation Authority for all or part of its journey, or

(v) any aviation service which receives funding as part of a Public Service Obligation.”

This amendment would exempt passenger transport services in, to, and from Scotland from being subject to a work notice.

Amendment 13, page 3, line 29, leave out paragraph (e).

This amendment would remove ““decommissioning of nuclear installations and management of radioactive waste and spent fuel” from the Bill.

Amendment 14, page 3, line 31, leave out paragraph (f).

This amendment would remove “border security” from the Bill.

Amendment 106, page 3, line 31, at end insert—

“(4A) No regulations made by statutory instrument under this section shall apply to any service which relates to the provisions of—

(a) the Transport (Scotland) Act 2019;

(b) the Transport (Scotland) Act 2001;

(c) section 8 of the Railways Act 2005;

(d) section 10 of the Civic Government (Scotland) Act 1982; or

(e) any passenger ferry operating within the portion of the UK Exclusive Economic Zone lying under the jurisdiction of Scotland, or to any service defined by Scottish ministers as relating to the provision of transport services in Scotland.”

This amendment would exclude most passenger transport services in Scotland from being subject to minimum service regulations laid by the Secretary of State.

Amendment 2, page 3, line 31, at end insert—

“(5) Levels of service set by regulations under subsection (1) may not exceed the lowest actual level of service for the relevant service recorded on any day of the 12 months before the regulations are laid.

(6) Before making regulations under subsection (1) for the relevant service, the Secretary of State must lay before Parliament a report showing that the condition in subsection (5) is met.”

This new subsection (5) would require the Secretary of State to specify any minimum service levels made in regulations under subsection (1) of the new inserted section 234B at a level no higher than the lowest actual level of service recorded on any day in the year before the new regulations are laid. Subsection (6) requires the Secretary of State to lay a report before Parliament to prove that the condition in subsection (5) has been met.

Amendment 4, page 3, line 31, at end insert—

“(5) The Secretary of State may not make any regulations under this section until after a Minister of the Crown has laid before Parliament assessments outlining the impacts of the Strikes (Minimum Service Levels) Act 2023 on—

(a) workforce numbers,

(b) Individual workers,

(c) employers,

(d) trade unions, and

(e) equalities.”

This amendment would require the Government to publish assessments of how the proposed legislation would impact on workforce numbers, individual workers, equalities, employers and trade unions before the Bill comes into operation.

Amendment 23, page 3, line 31, at end insert—

“(5) Regulations made under this section in relation to strikes affecting services in an area for which an elected mayor is responsible may not be made without the consent of the elected mayor for that area.”

This amendment would require the consent of the relevant elected mayor before minimum service levels could be set in relation to an area for which an elected mayor was responsible.

Amendment 39, page 3, line 31, at end insert—

“(5) Regulations under this Part may not—

(a) prohibit or enable the prohibition of participation in, or any activity in connection with, a strike or other industrial action;

(b) create an offence; or

(c) require levels of service on strike days which are higher than those ordinarily provided on non strike days.

(6) Regulations may not make provision which is contrary to the United Kingdom’s international obligations, and in particular—

(a) International Labour Organisation Convention No 87;

(b) Social Charter of the Council of Europe, Article 6(4); and

(c) EU-UK Trade and Cooperation Agreement, Article 399.

(7) For the purposes of subsection 6(a), reference shall be made to the Observations of the ILO Committee of Experts, and the Conclusions of the ILO Committee on Freedom of Association to determine the United Kingdom’s international obligations.

(8) For the purposes of subsection 6(b), reference shall be made to the Conclusions of the European Committee of Social Rights to determine the United Kingdom’s international obligations.”

This amendment is designed to restrict the power of the Secretary of State to make regulations, and in particular, to ensure that regulations should not authorise any steps which restrict the right to strike. Subsections (5)(a) and (b) are based on the restraints on the power to make regulations in the Civil Contingencies Act 2004. Subsection (5)(c) is new. The amendment is designed to ensure also that any regulations are compatible with international obligations.

Amendment 94, page 3, line 31, at end insert—

“(5) Regulations may not—

(a) prohibit or enable the prohibition of participation in, or any activity in connection with, a strike or other industrial action;

(b) create an offence; or

(c) require levels of service on strike days which are higher than those ordinarily provided on non-strike days.

(6) Regulations may not make provision which is contrary to the United Kingdom’s international obligations, and in particular—

(a) International Labour Organisation Convention No 87;

(b) Social Charter of the Council of Europe, Article 6(4); and

(c) EU-UK Trade and Cooperation Agreement, Article 399.

(7) To determine the United Kingdom’s international obligations for the purposes of subsection 6(a), reference shall be made to the Observations of the ILO Committee of Experts, and the Conclusions of the ILO Committee on Freedom of Association, and for the purposes of subsection 6(b), reference shall be made to the conclusions of the European Committee of Social Rights.”

This amendment would prevent the Secretary of State from making regulations which unduly abridge the right to strike. Section 234(5)(a) and (b) are based on the Civil Contingencies Act 2004. Section 234(5)(c) is new. The amendment is intended to require any regulations to be compatible with the UK’s international obligations.

Amendment 108, page 3, line 31, at end insert—

“(5) Any services deemed to fall within a category specified in subsection (4) which are subject to the competence of—

(a) the Scottish Parliament,

(b) the Senedd,

(c) the Northern Ireland Assembly,

(d) the Greater London Authority,

(e) a combined authority constituted under the Local Democracy, Economic Development and Construction Act 2009,

(f) any other elected body named by the Secretary of State,

shall not be subject to regulations made under subsection (3).”

This amendment would remove any service provided by a devolved government or authority from being subject to a regulation made by the Secretary of State under this Act.

Amendment 40, page 3, line 31, at end insert—

“234BA Parliamentary Scrutiny

(1) Where regulations are made under section 234B—

(a) a senior Minister of the Crown shall as soon as is reasonably practicable lay the regulations before Parliament, and

(b) the regulations shall lapse at the end of the period of seven days beginning with the date of laying unless during that period each House of Parliament passes a resolution approving them.

(2) If each House of Parliament passes a resolution that the regulations shall cease to have effect, the regulations shall cease to have effect—

(a) at such time, after the passing of the resolutions, as may be specified in them, or

(b) if no time is specified in the resolutions, at the beginning of the day after that on which the resolutions are passed (or, if they are passed on different days, at the beginning of the day after that on which the second resolution is passed).

(3) If each House of Parliament passes a resolution that regulations shall have effect with a specified amendment, the regulations shall have effect as amended, with effect from—

(a) such time, after the passing of the resolutions, as may be specified in them, or

(b) if no time is specified in the resolutions, the beginning of the day after that on which the resolutions are passed (or, if they are passed on different days, the beginning of the day after that on which the second resolution is passed).

(4) Nothing in this section—

(a) shall prevent the making of new regulations, or

(b) shall affect anything done by virtue of regulations before they lapse, cease to have effect or are amended under this section.

234BB Parliamentary Scrutiny: Prorogation and Adjournment

(1) If when regulations are made under section 234B Parliament stands prorogued, His Majesty shall by proclamation under the Meeting of Parliament Act 1797 (c. 127) require Parliament to meet on a specified day.

(2) If when emergency regulations are made under section 234B the House of Commons stands adjourned, the Speaker of the House of Commons shall arrange for the House to meet on a day during that period of adjournment.

(3) If when emergency regulations are made under section 234B the House of Lords stands adjourned, the Speaker of the House of Lords shall arrange for the House to meet on a day during that period of adjournment.”

The inserted sections 234BA and 234BB are designed to enhance the power of Parliament to approve regulations. These provisions are based on the power to make regulations in the Civil Contingencies Act 2004.

Amendment 41, page 3, line 31, at end insert—

“234BC Consultation with Devolved Administrations

(1) Regulations which relate wholly or partly to Scotland may not be made unless a senior Minister of the Crown has consulted the Scottish Ministers.

(2) Regulations which relate wholly or partly to Wales may not be made unless a senior Minister of the Crown has consulted the National Assembly for Wales.

(3) For the purposes of (1) and (2) consultation means consultation with a view to reaching an agreement.”

The inserted Section 234BC is designed to ensure that the Minister must consult the Scottish and Welsh ministers before regulations are made. Section 234BC(1) and (2) are based on similar provisions in the Civil Contingencies Act 2004.

Amendment 3, page 3, line 31, at end insert—

“234BA Power to specify minimum service levels: health and safety

(1) Minimum service regulations must take into account the levels of service provided in the relevant service in periods when that service is not affected by strikes.

(2) Before making any regulations under section 234B, the Secretary of State must lay before Parliament an assessment of the level of service provided within the relevant specified category over the most recent period of 12 months for which data is available.

(3) The assessment under subsection (2) must include an analysis of performance in relation to health and safety standards applicable to the relevant service.

(4) The Secretary of State must give priority in making regulations under section 234B to maintaining health and safety standards during a strike which are no lower than the relevant applicable standards in the specified service.”

This amendment would require the Government to assess health and safety performance in the affected sector before making minimum service regulations.

Amendment 82, page 3, line 31, at end insert—

“234BD Consultation with Social Partners

(1) Before making regulations under section 234B the Secretary of State shall consult organisations representative of employers and trade unions.

(2) Consultation under subsection (1) shall take place with a view to reaching an agreement.

(3) Where consultation takes place without an agreement being reached, the Secretary of State shall refer the matter to arbitration for the resolution of any matters of disagreement between the Secretary of State and the organisations representative of employers and trade unions.

(4) The arbitrator appointed under subsection (3) shall be an independent person appointed by ACAS from a panel of arbitrators established by ACAS for this purpose.

(5) The decision of the arbitrator shall be binding.

(6) The Secretary of State shall not make regulations which are inconsistent with the decision of the arbitrator.”

The proposed new section 234BD is intended to require the Secretary of State’s to consult and agree minimum service levels with the social partners, failing which minimum service levels will be determined by an independent arbitrator.

Amendment 117, page 3, line 31, at end insert—

“234BA Requirement for opportunity for negotiated settlement and involvement of independent body

(1) The Secretary of State may not make minimum service regulations in respect of any strike of which a trade union gives notice to an employer under section 234A unless—

(a) the employer and the trade union have been given a reasonable opportunity to reach a negotiated agreement on minimum service levels in respect of the strike; and

(b) if the employer and the trade union have not been able to reach an agreement on minimum service levels—

(i) the employer and trade union have both been given a reasonable opportunity to make representations to a quasi-judicial body independent of the employer, trade union and Government; and

(ii) the independent body has been given a period that is reasonable in the circumstances to determine minimum service levels in respect of the strike.

(2) If the employer and trade union have reached a negotiated agreement on minimum service levels in respect of the strike referred to in subsection (1), the Secretary of State may not make minimum service regulations in respect of that strike.

(3) If the independent body referred to in subsection (1)(b)(i) and (ii) above has determined minimum service levels in respect of the strike within the reasonable period—

(a) The employer and trade union are bound by those minimum service levels;

(b) The Secretary of State may not make minimum service regulations in respect of the strike referred to in subsection (1).”

This amendment would prevent the Secretary of State making minimum service regulations in respect of a strike unless the trade union and employer have had an opportunity to reach a negotiated agreement on those levels, and where an independent body has had the opportunity to determine the levels in the absence of an agreement.

Amendment 119, page 3, line 34, after second “a” insert “recognised”.

Amendment 42, page 4, line 1, at end insert—

“(1A) An employer shall also send a copy of a work notice to any person identified therein as someone required to work during the strike.”

This amendment is designed to require the employer to send a copy of the notice to each of the individuals identified in the notice.

Amendment 111, page 4, line 18, at end insert—

“(c) not relate to a service which does not relate to a competence listed in Schedule 5 of the Scotland Act 1998.”

This amendment this would exclude any devolved services in Scotland from being subject to a work notice.

Amendment 70, page 4, leave out lines 19 to 21 and insert—

“(5) A work notice must not identify any more than the minimum number of persons necessary for the purpose of providing the levels of service under the minimum service regulation.”

This amendment, with Amendments 71 and 72, is intended to require employers to take reasonable steps to ensure the serving of work notices does not prevent lawful industrial action from taking place.

Amendment 69, page 4, line 21, at end insert—

“and no person shall be identified in one or more work notices where the effect would be that they would be prevented from taking part in industrial action on fifty per cent or more of the days included in the notice referred to in section 234C(1)(a)”

This amendment is intended to ensure that specific workers cannot be prevented from striking by this Bill.

Amendment 120, page 4, line 21, at end, insert—

“or have the effect of preventing any one person taking part in protected industrial action”

Amendment 93, page 4, line 21, at end insert—

“(5A) A work notice must not include a person who is an official of the trade union (within the meaning of section 119) at the time a work notice is issued.”

This amendment would exempt trade union officials from a work notice under the Act.

Amendment 64, page 4, line 24, at end insert—

“; or whether the person took part in the activities of an independent trade union at an appropriate time; or made use of trade union services at an appropriate time.”

This amendment would ensure that the selection of persons for work notices cannot be targeted at trade union activists.

Amendment 68, page 4, line 24, at end insert—

“; or whether the person took part in the activities of an independent trade union at an appropriate time; or made use of trade union services at an appropriate time.

(6A) An employer having regard to one or more of the matters referred to in subsection (6) in deciding whether to identify a person in a work notice shall be deemed to subject that person to a detriment for the purpose of section 146 of this Act.

(6B) Subjecting a person to a detriment in contravention of section 146 of this Act by reason of subsections (6) and (6A) shall be actionable as a breach of statutory duty.

(6C) A person deemed to have been subjected to a detriment for the purpose of section 146 by reason of reason of subsections (6) and (6A) may, as an alternative to pursuing an action for breach of statutory duty in accordance with subsection 6B, present a claim to an Employment Tribunal in accordance with that section.

(6D) If there facts from which a court or tribunal could conclude, in the absence of any other explanation, that the employer has contravened, or is likely to contravene, subsections (6) and (6A), it must find that such a contravention occurred, or is likely to occur, unless the employer shows that it did not, or is not likely, to occur.”

This amendment is intended to gives legal recourse in cases where employers may choose to target trade union members with work notices.

Amendment 85, page 4, line 25, leave out from “must” to end of line 28 and insert—

“reach agreement with the union about the number of persons to be identified and the work to be specified in the notice.”

This amendment is intended to partially fulfil the conditions required by ILO Convention 87 by providing that minimum service levels are reached by negotiation between the social partners

Amendment 103, page 4, line 25, leave out from “must” to end of line 28 and insert—

“take reasonable steps to reach agreement”.

This amendment aims to ensure that minimum service levels are reached by negotiation between employers and trade unions.

Amendment 43, page 4, line 25, leave out subsection (7) and insert —

“(7A) A work notice shall not be valid unless the employer has consulted the recognised trade union, or in the absence of a recognised trade union, a representative trade union.

(7B) Consultation under subsection (7A) shall take place with a view to reaching an agreement.

(7C) Where consultation takes place without an agreement being reached, the employer shall refer the matter to arbitration for the resolution of any matters of disagreement between the employer and the trade union.

(7D) The arbitrator appointed under subsection (7C) shall be an independent person appointed by ACAS from a panel of arbitrators established by ACAS for this purpose.”

This amendment is designed to enhance the employer’s duty to consult about work notices.

Amendment 86, page 4, leave out lines 25 to 28 and insert—

“(7A) A work notice shall not be valid unless the employer has consulted the recognised trade union, in the absence of which a representative trade union.

(7B) Consultation under subsection (7A) shall take place with a view to reaching an agreement.

(7C) In the event of a failure to agree the matters in (7A) the employer or the union may refer any or all disputed issues to an arbitrator who shall be an independent person appointed by ACAS from a panel of arbitrators established by ACAS for this purpose and the decision of the arbitrator shall be binding.”

This alternative amendment turns on a duty to consult rather than to reach agreement.

Amendment 71, page 4, line 27, leave out “and”.

This amendment, with Amendments 70 and 72, is intended to require employers to take reasonable steps to ensure the serving of work notices does not prevent lawful industrial action from taking place.

Amendment 65, page 4, line 28, leave out “have regard to any views expressed by the union in response” and insert—

“take into account the views expressed by the trade union with a view to reaching agreement with the union.”

This amendment is intended to promote good faith engagement between the employer and trade union when consulting over work notices.

Amendment 72, page 4, line 28, after “response” insert—

“and (c) be satisfied that the requirement in subsection (5) is satisfied.”

This amendment, with Amendments 70 and 71, is intended to require employers to take reasonable steps to ensure the serving of work notices does not prevent lawful industrial action from taking place.

Amendment 87, page 4, line 28, at end insert —

“(7A) In the event of a failure to agree the matters in subsection (7), the employer or the union may refer any or all disputed issues to an arbitrator who shall be an independent person appointed by ACAS from a panel of arbitrators established by ACAS for this purpose and the decision of the arbitrator shall be binding.”

This amendment is intended to partially fulfil the conditions required by ILO Convention 87 by providing that minimum service levels are reached by negotiation between the social partners.

Amendment 112, page 4, line 28, at end insert—

“(7A) No employee of any organisation listed in Schedule 1 of the Civil Contingencies Act 2004 shall be subject to any work notice.”

This amendment would exempt any occupation or employee subject to the above Act from any regulations allowing a work notice to be issued.

Amendment 44, page 4, line 30, after “union” insert—

“and to each individual person identified in the notice”.

See Amendment 42.

Amendment 95, page 4, line 30, after “varied” insert—

“to any person identified therein as someone required to work during the strike and,”.

This amendment is intended to require the employer to send a copy of the notice to each of the individuals identified in the notice.

Amendment 88, page 4, line 33, at end insert —

“(8A) A variation shall not be valid unless the employer has consulted the recognised trade union, in the absence of which a representative trade union.

(8B) Consultation under subsection (8A) shall take place with a view to reaching an agreement.

(8C) In the event of a failure to agree the matters in subsection (8B) the employer or the union may refer any or all disputed issues to an arbitrator who shall be an independent person appointed by ACAS from a panel of arbitrators established by ACAS for this purpose and the decision of the arbitrator shall be binding.”

This alternative amendment turns on a duty to consult rather than to reach agreement.

Amendment 89, page 4, line 34, leave out paragraph (9) and insert—

“(9A) In the event of a failure to agree the matters in subsection (7A) the employer or the union may refer any or all disputed issues to an arbitrator who shall be an independent person appointed by ACAS from a panel of arbitrators established by ACAS for this purpose and the decision of the arbitrator shall be binding.”

This amendment is intended to partially fulfil the conditions required by ILO Convention 87 by providing that minimum service levels are reached by negotiation between the social partners.

Amendment 90, page 4, line 34, leave out paragraph (9) and insert—

“(9A) An employer may vary a work notice.

(9B) A variation shall not be valid unless the employer has consulted the recognised trade union, in the absence of which a representative trade union.

(9C) Consultation under subsection (9A) shall take place with a view to reaching an agreement.

(9D) In the event of a failure to agree the matters in (9A) the employer or the union may refer any or all disputed issues to an arbitrator who shall be an independent person appointed by ACAS from a panel of arbitrators established by ACAS for this purpose and the decision of the arbitrator shall be binding.”

This alternative amendment turns on a duty to consult rather than to reach agreement.

Amendment 104, page 4, line 34, leave out from “must” to end of line 37 and insert—

“take reasonable steps to reach agreement”.

This amendment aims to ensure that minimum service levels are reached by negotiation between employers and trade unions.

Amendment 96, page 4, line 34, at end insert—

“(za) send a copy of a work notice to any person identified therein as someone required to work during the strike,”.

This amendment is intended to require the employer to send a copy of the notice to each of the individuals identified in the notice.

Amendment 46, page 4, line 35, after “union” insert—

“and each individual person identified in the notice”.

See Amendment 42.

Amendment 66, page 4, line 37, leave out “have regard to any views expressed by the union in response” and insert—

“take into account the views expressed by the trade union with a view to reaching agreement with the union.”

This amendment is intended to promote good faith engagement between the employer and trade union when consulting over work notices.

Amendment 47, page 4, line 37, after “union” insert—

“and by each individual person identified in the notice”.

See Amendment 42.

Amendment 110, page 4, line 40, at end insert—

“(a) A work notice must be submitted to the Presiding Officer of the Scottish Parliament, the Llywydd of the Senedd, and the Speaker of the Northern Ireland Assembly for consideration by a sitting of each body.

(b) Where less than four-fifths of those elected representatives constituting each body vote in favour of a motion supporting the granting of a work notice, the notice shall be deemed invalid.”

This amendment would ensure that a work notice would be valid only if its provisions were submitted by an employer to the three devolved institutions and received the support of over 80% of elected members in each chamber.

Amendment 48, page 4, line 40, at end insert—

“234CA Protection of Employees

(1) A person shall not be subject to a work notice if the person in question has not been given or received the work notice.

(2) The onus will be on the employer to prove that an individual received a work notice.

(3) Failure to comply with a work notice shall not—

(a) be regarded as a breach of the contract of employment of any person identified in the work notice; or

(b) constitute grounds for dismissal or any other detrimental action.

(4) Having regard to subsection (3), failure to comply with a work notice shall be deemed to be—

(a) a trade union activity undertaken at an appropriate time for the purposes of section 146 above; and

(b) participation in industrial action for the purposes of sections 238 and 238A below.”

This inserted Section 234CA is designed to ensure that compliance with a work notice should be voluntary on the part of the employee in question. Provision is also made to protect the individual who decides not to comply from any sanction imposed by the employer.

Amendment 113, page 5, line 6, at end insert—

“(2A) No disclosure of information authorised by section 234C shall apply to any individual habitually residents or ordinarily employed in Scotland.”

This amendment would protect the personal data of people living and working in Scotland.

Amendment 49, page 5, leave out lines 9 to 22.

The purpose of this amendment is to delete inserted section 234E in order to exclude the operation of the duty of the union to take reasonable steps to ensure that all workers identified in the work notice comply with the notice.

Amendment 79, page 5, line 14, leave out from “234C” to end of line 17.

This would remove the requirement for trade unions to take reasonable steps for employees to comply with work notices, as these are not a matter between trade union and member, but between employer and employee.

Amendment 63, page 5, line 17, leave out “comply with” and insert “are aware of”.

This amendment would ensure that the trade union’s legal duty is restricted to making its members aware of the content of the work notice.

Amendment 92, page 5, line 17, at end insert—

“(1A) In paragraph (1)(b), if it is alleged that a union failed to take “reasonable steps”, a failure to take any of the following steps shall not be taken to constitute a failure to take reasonable steps—

(a) to discipline or impose any detriment for non-compliance or threatened non-compliance, or for inducing or seeking to induce non-compliance by another member with a work notice, or

(b) to threaten to discipline or impose any detriment for non-compliance or threatened non-compliance, or for inducing or seeking to induce non-compliance by another member with a work notice, or

(c) to instruct a member not to comply with a work notice, or to revoke any instruction or encouragement to take part in the strike.”

This amendment is intended to limit the requirement that a union should police its own members.

Amendment 52, page 5, line 22, at end insert—

“(3) A trade union shall be deemed fully to have complied with its obligation under subsection (1) if it informs any members identified in a work notice that they have been so identified.

(4) For the purpose of subsection (3) a trade union is required to do only whatever is reasonably practicable by whatever means it deems appropriate.

(5) For the purposes of subsection (3) a trade union will not be deemed to have failed to comply with its duty in paragraph (b) on the ground only that one or more members has or have not been informed that they are the subject of a work notice.

(6) For the avoidance of doubt, a trade union will not be required to discipline or expel a member who—

(a) refuses to comply with a requirement to work under a work notice, or

(b) encourages others not to comply with a work notice.”

This amendment is intended to restrict the trade union’s compliance duty under the Act.

Amendment 118, page 5, line 22, at end insert—

“(3) Peaceful picketing within the meaning of section 220 of the 1992 Act shall not be regarded as an act done by the union to induce a person to take part, or continue to take part, in the strike, for the purposes of subsection (1).”

The intention of this amendment is avoid picketing alone being a cause for a claim against the union under the Act on the basis that this was inducing an identified person to take part in the strike.

Amendment 91, page 5, line 22, at end insert —

“(2A) A trade union shall be deemed fully to have complied with its obligation under section (1) if it informs any of its members identified in a work notice that they have been so identified.

(2B) For the purpose of subsection (2A) a trade union is required to do only whatever is reasonably practicable by whatever means it deems appropriate.

(2C) For the purposes of subsection (2A) a trade union will not be deemed to have failed to comply with its duty in paragraph (b) on the ground only that one or more members has or have not been informed that they are the subject of a work notice.”

This amendment is intended to limit the requirement that a union should police its own members.

Amendment 50, page 5, line 23, after “consultation” insert “with Social Partners”.

This amendment is linked to Amendment 51.

Amendment 8, page 5, line 23, at end insert—

“(A1) Before making regulations under section 234B the Secretary of State must receive a report into minimum services in the affected sector from the relevant House of Commons select committee.

(A2) For the purpose of subsection (A1), “relevant House of Commons select committee” means—

(a) House of Commons Home Affairs Committee for regulations affecting fire and rescue services, and border security as set out in 234B(4),

(b) House of Commons Education Committee for regulations affecting education services as set out in 234B(4),

(c) House of Commons Transport Committee for regulations affecting transport services as set out in 234B(4),

(d) House of Commons Health and Social Care Committee for regulations affecting health services as set out in 234B(4),

(e) House of Commons Business, Energy and Industrial Strategy Committee for regulations affecting decommissioning of nuclear installations and management of radioactive waste and spent fuel as set out in 234B(4).

(A3) The Speaker of the House of Commons may determine in case of any doubt the relevant successor of any committee mentioned in subsection (A2).”

This amendment would require that each relevant Select Committee conducts and publishes inquiries on how the Act will impact on each named sector, before the Act can be brought into operation.

Amendment 51, page 5, line 24, leave out subsection (1) and insert—

“(1A) Before making regulations under section 234B the Secretary of State shall consult organisations representative of employers and trade unions.

(1B) Consultation under subsection (1) shall take place with a view to reaching an agreement.

(1C) Where consultation takes place without an agreement being reached, the Secretary of State shall refer the matter to arbitration for the resolution of any matters of disagreement between the Secretary of State and the organisations representative of employers and trade unions.

(1D) The arbitrator appointed under subsection (3) shall be an independent person appointed by ACAS from a panel of arbitrators established by ACAS for this purpose.

(1E) The decision of the arbitrator shall be binding.

(1F) The Secretary of State shall not make regulations which are inconsistent with the decision of the arbitrator.”

Consistently with the practice in other countries, the purpose of this amendment is to remove the Secretary of State’s unilateral power to determine what minimum service levels should be. The Secretary of State would l be required to consult and agree minimum service levels with the social partners, failing which minimum service levels will be determined by an independent arbitrator.

Amendment 62, page 5, line 25, leave out lines 23 to 40 and insert—

“234F Consultation

(1) If a Minister of the Crown proposes to make regulations under this Act the Minister must—

(a) consult such organisations as appear to the Minister to be representative of interests substantially affected by the proposals;

(b) where the proposals relate to the functions of one or more statutory bodies, consult those bodies, or persons appearing to the Minister to be representative of those bodies;

(c) consult the Scottish Ministers and the Welsh Ministers, and

(d) consult such other persons as the Minister considers appropriate.

(2) If, as a result of any consultation required by subsection (1), it appears to the Minister that it is appropriate to change the whole or any part of the proposals, the Minister must undertake such further consultation with respect to the changes as the Minister considers appropriate.

(3) If, before the day on which this section comes into force, any consultation was undertaken which, had it been undertaken after that day, would to any extent have satisfied the requirements of this section, those requirements shall to that extent be taken to have been satisfied.

(4) In subsection (1)(b) ‘statutory body’ means—

(a) a body established by or under any enactment; or

(b) the holder of any office so established.

234FA Draft regulations and explanatory document laid before Parliament

(1) If, after the conclusion of the consultation required by section 234F, the Minister considers it appropriate to proceed with the making of regulations, the Minister must lay before Parliament for a period of at least 60 days —

(a) a draft of the regulation, together with

(b) an explanatory document.

(2) The explanatory document must—

(a) introduce and give reasons for the regulations;

(b) give details of—

(i) any consultation undertaken under section 234F;

(ii) any representations received as a result of the consultation;

(iii) the changes (if any) made as a result of those representations;

(c) explain why the draft regulations are consistent with the United Kingdom’s international legal obligations.

234FB Super-affirmative resolution procedure

(1) In determining whether to make regulations, the Minister must have regard to—

(a) any representations made,

(b) any resolution of either House of Parliament, and

(c) any recommendations of a committee of either House of Parliament charged with reporting on the draft regulations,

any recommendations of a committee of either House of Parliament charged with reporting on the draft regulations,

(2) If, after the expiry of the 60-day period, the Minister wishes to make regulations in the terms of the draft, the Minister must lay before Parliament a statement—

(a) stating whether any representations were made under subsection (1)(a); and;

(b) if any representations were so made, giving details of them.

(3) The Minister may after the laying of such a statement make regulations in the terms of the draft if it is approved by a resolution of each House of Parliament.

(4) However, a committee of either House charged with reporting on the draft regulations may, at any time after the laying of a statement under subsection (3) and before the draft regulations are approved by that House under subsection (3), recommend under this subsection that no further proceedings be taken in relation to the draft regulations.

(5) Where a recommendation is made by a committee of either House under subsection(4) in relation to a draft regulations, no proceedings may be taken in relation to the draft regulations in that House under subsection (3) unless the recommendation is, in the same Session, rejected by resolution of that House.

(6) If, after the expiry of the 60-day period, the Minister wishes to make regulations consisting of a version of the draft regulations with material changes, the Minister must lay before Parliament—

(a) a revised draft of the regulations; and

(b) a statement giving details of—

(i) any representations made under subsection (1)(a); and

(ii) the revisions proposed.

(7) The Minister may after laying revised draft regulations and statement under subsection (6) make regulations in the terms of the revised draft if they are approved by a resolution of each House of Parliament.

(8) However, a committee of either House charged with reporting on the revised draft regulations may, at any time after the revised draft regulations are laid under subsection (6) and before they are approved by that House under subsection (7), recommend under this subsection that no further proceedings be taken in relation to the revised draft regulations.

(9) Where a recommendation is made by a committee of either House under subsection (8) in relation to a revised draft regulations, no proceedings may be taken in relation to the revised draft regulations in that House under subsection (7) unless the recommendation is, in the same Session, rejected by resolution of that House.

(10) In this section the “60-day period” means the period of 60 days beginning with the day on which the draft regulations were laid before Parliament under section 234FA.”

This amendment would provide a super-affirmative procedure for Regulations under the Act.

Amendment 5, page 5, line 25, leave out

“such persons as the Secretary of State considers appropriate”

and, at end insert —

“(a) trade unions in each affected sector,

(b) employers in each affected sector,

(c) relevant Government Departments for each affected sector, and

(d) relevant Parliamentary Select Committees for each affected sector.”

The intention of this amendment is to require that the Government consults with a range of stakeholders for each affected sector before making regulations, including relevant trade unions, employers, Government Departments and Select Committees.

Amendment 114, page 5, line 25, leave out

“such persons as the Secretary of State considers appropriate”

and insert—

“(a) the Scottish Trade Union Congress,

(b) the Trade Union Congress,

(c) the Irish Congress of Trade Unions,

(d) all trade unions entered on the list maintained by the Certification Officer under Section 3 of the Trade Union and Labour Relations (Consolidation) Act 1992,

(e) the Scottish Parliament,

(f) Scottish Ministers,

(g) Senedd Cymru,

(h) Welsh Ministers,

(i) the Northern Ireland Assembly,

(j) the Northern Ireland Executive, and

(k) such persons as the Secretary of State considers appropriate.”

This amendment would mandate consultation with all relevant trade union bodies, individual trade unions, the Scottish Parliament, Senedd Cymru, Northern Ireland Assembly, and allow the Secretary of State to consult others.

Amendment 53, page 5, line 26, at end insert—

“(1A) For the avoidance of doubt subsection (1) is without prejudice to the obligations of the Secretary of State in section 234BC (duty to consult Devolved Administrations) and section 234BD (duty to consult Social Partners).”

This amendment is linked to Amendment 41.

Amendment 24, page 5, line 26, at end insert—

“(1A) In particular, the Secretary of State must consult elected mayors of Greater London and of Combined Authorities in respect of minimum service levels for services for which they have responsibility.”

The intention of this amendment is to ensure that elected mayors with strategic responsibilities for transport, for example, are included in the consultations before minimum service levels are set.

Amendment 7, page 5, line 39, leave out

“(as well as by consultation after that time)”.

The intention of this amendment is to require that the consultation may be satisfied only by consultation completed before the passing of the Act.

Amendment 6, page 5, line 40, at end insert —

“(6) Any consultation carried out by the Government under this section must be published within six weeks of the day on which this Act is passed.”

The intention of this amendment is to require that the Government makes public any and all consultations.

Amendment 18, page 5, line 40, at end insert—

“234FA Impact assessment of this Part

(1) The Secretary of State must conduct a review into the impact of this Act on each the categories listed in section 234B(4), with regard to—

(a) recruitment of new staff,

(b) retention of existing staff, and

(c) the provision of adequate staffing levels in the long-term.

(2) The Secretary of State must a lay a copy of the report under subsection (1) before both Houses of Parliament no later than six months after the day on which this Act is passed.”

This amendment would require the Secretary of State to conduct a report into the impact of the Bill on recruiting staff, retaining staff and the provision of adequate staffing levels in the long-term.

Amendment 19, page 5, line 40, at end insert—

“234FB Impact assessment of this Part (No. 2)

(1) The Secretary of State must conduct a review into the impact of this Act on—

(a) numbers of working hours lost attributable to the operation of this Act, and

(b) the total cost to the Exchequer of litigation arising from legal challenges to this Act over the first 12 months after the day on which this Act is passed.

(2) The Secretary of State must a lay a copy of the report under subsection (1) before both Houses of Parliament no later than 18 months after the day on which this Act is passed.”

This amendment would require the Secretary of State to conduct an impact assessment on the working hours lost, and costs to government of legal challenges, incurred as a result of the Act.

Amendment 54, page 6, line 2, at end insert—

“‘senior Minister of the Crown’ means—

(a) the First Lord of the Treasury (the Prime Minister),

(b) any of Her Majesty’s Principal Secretaries of State, and

(c) the Commissioners of Her Majesty’s Treasury.”

This provision is based on the Civil Contingencies Act 2004: see Amendment 41.

Amendment 55, page 6, line 9, leave out paragraphs 3 to 5.

The purpose of this amendment is to ensure that trade unions do not incur delictual or tortious liability where there is a failure to take reasonable steps to ensure workers fail to comply with work notices.

Amendment 1, page 6, line 29, leave out paragraphs 6 to 10.

This amendment would preserve existing protections from unfair dismissal, including for an employee who participates in a strike contrary to a work notice under this Bill.

Amendment 78, page 6, line 33, leave out paragraph 8.

This amendment would remove the Bill’s intention to remove protection against unfair dismissal for workers who refuse to work on strike days.

Amendment 58, page 7, line 4, at end insert—

“(ab) however, where the industrial action is a strike relating to the provision of a particular service, an employee who takes part shall be treated as having taken part in protected action if the only reason why the action is not protected in accordance with subsection (1) is that the union has failed to comply with section 234E above.”

This amendment would ensure that unfair dismissal protection for participating in industrial action is retained where the union has failed to take reasonable steps in accordance with section 234E.

That the schedule be the Schedule to the Bill.

Amendment 57, in the title, line 1, leave out

“about minimum service levels in connection with the taking by trade unions of strike action relating to certain services”

and insert—

“to make provision for workers in specified services to be subject to compulsory work notices contrary to their decision to withdraw their labour in an industrial dispute”.

The intention of this Amendment is to re-phrase the long title of the Act.

--- Later in debate ---

[The First Deputy Chairman of Ways and Means (Mr Nigel Evans)]

It is up to each individual Member to reflect on whether they wish to declare an interest, but at least the hon. Member has given a timely reminder that those who wish to do so should, even in interventions, declare interests.

[David Linden (Glasgow East) (SNP)]

Further to that point of order, Mr Evans, to be helpful to the House, given that a number of Members who spoke on Second Reading declared their interest, is it really necessary for them to do so again in Committee? I know that the hon. Member for Rother Valley (Alexander Stafford) is new to the House, but perhaps he might re-acquaint himself with “Erskine May”.

[The First Deputy Chairman]

Yes.

[Chris Stephens]

Further to that point of order, Mr Evans, is it also in order for hon. Members who have received donations from employers to register them in the debate?

[The First Deputy Chairman]

That is exactly the same point. Let us just move on please. We have got a lot to deal with today, and it is six hours of protected time.

[Kevin Hollinrake]

In answer to the point from the hon. Member for Coventry South (Zarah Sultana), negotiations need to continue, and they need to be fair to workers, but also to the taxpayer, which I will touch on in a second.

I reject the characterisation of this Bill by the Opposition, who clearly put their relationship with their unions over the interests of this country. This is not a radical Bill. What we are doing is not even new. We are taking reasonable, proportionate and balanced steps and aligning ourselves with many of our European partners, such as France and Spain.

--- Later in debate ---

[Barry Gardiner]

My right hon. Friend is being extremely generous in giving way. Does she accept that the only way a union can avoid the situation she has just talked about, where unfair dismissal protection is taken away from workers, is by ensuring that they become an instrument of coercion, of the state and of the employer? For 35 years in this country, legislation has provided that a trade union is prohibited by law from disciplining or expelling a member who refuses to take part in a strike. Under the Bill, the same trade union may be required to discipline or expel a member who does what their workmates and they themselves may have voted for—namely, to withdraw their labour. Jonathan Swift could not have made this up. Nothing in all Lilliput or Brobdingnag could come up with a more ludicrous situation.

[The First Deputy Chairman of Ways and Means (Mr Nigel Evans)]

Interventions, by their nature, should be short, not lengthy.

[Angela Rayner]

The Bill is an attack on our basic British freedoms, and Conservative Members should be concerned about that. It is from a Prime Minister who is desperately out of his depth, and desperately blaming the working people of Britain for his own failures. There has been no opportunity for real scrutiny, no impact assessment, and there is no justification for it. The Government’s pretence that it is about safety is offensive to every key worker. For the sake of every nurse, teacher and firefighter across the UK, I urge every member of the Committee to vote for our amendments. For the sake of freedom, fairness and feasibility, I also urge all Members to join us in voting down the Bill tonight.

[Several hon. Members rose—]

[The First Deputy Chairman of Ways and Means (Mr Nigel Evans)]

Order. I remind Members that if they were here for the openings of both speeches, then yes they can make a speech in Committee, but if they were not they cannot. If they have been here for what I would say is a decent time, then they are by all means able to make interventions.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

It is a pleasure to follow the right hon. Member for Ashton-under-Lyne (Angela Rayner). I am a supporter of the Bill. I think it is a good and proportionate Bill, but it is badly written. What the right hon. Lady said about Henry VIII clauses is absolutely spot on. Indeed, should the socialists ever be in government in the future I hope they will remember what she said, because skeleton Bills and Henry VIII clauses are bad parliamentary and constitutional practice.

It seems to me that it is hard to describe the right hon. Lady as having been wrong for tabling amendment 101— I will not vote for her, but I say none the less that she is far from being described as wrong. Clause 3 suggests:

“Regulations under this section may amend, repeal or revoke provision made by or under primary legislation passed…later in the same session of Parliament as this Act.”

On what basis can any Government claim to have the power to amend legislation that has not yet been passed? The only argument for doing so, which no Government would wish to advance, is incompetence. The only way to pass a subsequent Act without amending it before it is passed is if we have not noticed what it was saying in the first place, and I cannot understand why a Government would wish to put such a measure in a Bill. Indeed, I am puzzled as to how clause 3 managed to get through the intergovernmental procedures that take place before legislation is presented to the House. I do not understand how the Parliamentary Business and Legislation Committee managed to approve a Bill with such a wide-ranging Henry VIII clause and which fails to set out in detail what powers the Government actually want.

I will support the Bill because its aim is worthy, but the means of achieving that aim are not properly constitutional. Henry VIII powers, it has been established, should be used exceptionally or when there is no other alternative. During the passage of the Coronavirus Act 2020 it was perfectly reasonable to have Henry VIII powers. Why? Because the Act was brought forward extremely quickly, there was little time to revise it and there was not an enormous amount of time to work out precisely what revisions to existing statute law may be needed. Emergency legislation falls into that category. But this is not emergency legislation; this is a Bill that we in the Conservative party have been cogitating about since at least our last manifesto, if not back to about 2016. I have supported it all the way through. I wanted the Bill to come forward. I think it is the right thing to be doing, but there is no excuse for failing to do it properly.