Strikes (Minimum Service Levels) Bill

Debate between Paul Holmes and Angela Rayner

2nd reading
Monday 16th January 2023 Commons Chamber

[Angela Rayner]

I will just educate the hon. Gentleman: although I used to be a trade union official and I am a member of a trade union, I do not negotiate on behalf of a trade union. But what I would do is sit around the table and resolve this dispute with the trade unions. That would be better than what the Conservatives have done.

I come to the liability this Bill places upon trade unions. It says that trade unions must take “reasonable steps” to ensure workers comply with work notices, but what would they be? Will trade unions be liable for non-union staff? As for the burden put on employers, have they welcomed the bureaucratic nightmare that they will face? How will our already overstretched public services spare the resources to work out how many workers are needed to meet the minimum service levels the Secretary of State arbitrarily imposes on them, and to identify which workers should come into work and which should not? What will these bodies have to do? Will they have to do this before each and every strike day?

[Paul Holmes (Eastleigh) (Con)]

I would like to try again on this, because the right hon. Lady aspires to be Deputy Prime Minister and wants to negotiate with the unions in future. Will she outline for the House, because the Labour party has been very quiet on this, whether she backs a 19% pay increase for nurses? What costing has her party put forward as to how much she would award in pay rises to those public sector workers?

[Angela Rayner]

What I can say is that the Labour party would not have crashed the economy like the Conservatives did. We would not have inflation at the record levels we have at the moment. We would not have the disputes we have at the moment because we would negotiate with the trade unions and find a settlement.

What protections are in place to prevent unscrupulous employers from targeting trade union members with work notices? Or is this legislation a licence for blacklisting? The Secretary of State is hiding behind warped misunderstandings of the International Labour Organisation’s statute book and misleading comparisons with Europe. The ILO says that minimum service levels can happen only when the

“safety of individuals or their health is at stake”.

Can he explain how that relates to the list of sectors in the Bill? This Bill also makes no provision for the compensatory measures the ILO requires alongside such regulations. Countries such as France and Spain may have minimum service levels, but they have not averted strikes there; both lose far more days to strike action than the UK.

This Bill is a mess. It makes no sense. It has more holes in it than the last Chancellor’s Budget, yet we are being given next to no time to scrutinise it. This legislation hands far-reaching powers to the Secretary of State to not just impose minimum service levels, but decide what those levels would be. The legal commentator Joshua Rozenberg has called clause 3

“a supercharged Henry VIII clause.”

Where is the consultation the Secretary of State promised? Where is the impact assessment? The Regulatory Policy Committee says, in a scornful statement today, that it has not even received it yet. So why have the Government given only five hours for debate on the Floor of the House?

Let us look at what this Bill is really all about: a Government who are out of ideas, out of time and fast running out of sticking plasters; a Government who are playing politics with nurses’ lives because they cannot stomach negotiation; a Government desperately doing all they can to distract from the economic emergency they have caused. We have had 13 years of failure, and working people of this country cannot take any more. What this whole sorry episode makes clear is that this country needs a Labour Government. The Conservative party has proven itself incapable of cleaning up its own mess, and the disruption of the past few months simply would not be happening under Labour.