Strikes (Minimum Service Levels) Bill

Rachael Maskell Excerpts

2nd reading
Monday 16th January 2023 Commons Chamber

[Grant Shapps]

There is an array of riches. I will give way to the hon. Member for York Central (Rachael Maskell).

[Rachael Maskell (York Central) (Lab/Co-op)]

I refer the House to my entry in the Register of Members’ Financial Interests. The Secretary of State has never negotiated a minimum service agreement in the NHS. I have. The Secretary of State is completely fabricating what happens. It is the trade unions who work with the staff and the employers to put a safe agreement—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I am afraid I will have to ask the hon. Lady to withdraw her remark about fabricating. She will do that, I know. I am sure that is not what she meant to say and will indicate that that is not what she meant to say—yes?

[Rachael Maskell]

Thank you, Madam Deputy Speaker, for your guidance. I will rephrase what I was saying. The reality is that safe agreements are negotiated between the staff and the employers. That happens on the ground; the process and the outcomes protect the NHS, because that is what staff want to do. Will the Secretary of State ensure that he reflects the truth of what happens in the NHS?

[Grant Shapps]

I would just say to the hon. Lady, who I know has received money from GMB, the National Union of Rail, Maritime and Transport Workers, Unite the union, CLP among others—nothing wrong with that; I am just putting it on the record—that she is wrong factually about the way the last two strikes, last week and in December, occurred.

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[Rachael Maskell (York Central) (Lab/Co-op)]

It is an honour to be a Unite and GMB member—I point to my entry in the Register of Members’ Financial Interests—as well as the former head of health at Unite, negotiating level of service agreements. I have never heard such misinformation as I have in the House today. Amid an economic crash and public services on their knees, we know that the morale of working people on the frontline is at rock-bottom as they are stressed out of their minds and struggling with low pay. This reckless Bill not only impacts on them but sours industrial relations and does nothing to resolve disputes. In fact, it will stoke more strikes and push workers into working to rule. The Minister will then have a problem on his hands as he learns how much unpaid overtime working people give.

The strikes are the canary in the mine of the biggest retention crisis in the history of our public services. Ministers should heed those warnings before things get even worse. Tonight, I am proud that we are voting against this regressive legislation, because I would rather have clinicians and frontline workers negotiating safety agreements than Ministers in Whitehall, who are clearly so out of touch.

When it comes to the ambulance service, there are 10 trusts, and each one negotiates its safety levels, as does each hospital and each clinic. That is because there are different pressures on each one, and it is vital that each has a separate negotiation determined locally to ensure that services are safe locally, not dictated by Whitehall. All the Minister needs to do is aggregate those negotiations to achieve those safe working levels. “Life and limb” was set out in the Trade Union and Labour Relations (Consolidation) Act 1992—he can read it for himself—where there is an obligation to ensure that human life is saved.

We know what happens on strike days: they are safer than the rest of the time. Trains are not running, hospitals are not properly staffed and there are 133,000 vacancies in the NHS, yet on strike days Christmas day cover, essentially, is provided. Hospitals that were running red, ran green on strike days. Waits for the ambulance service were cut by 10%. They were safer for the public because frontline workers really care about their patients—that is why they are still working under such dreadful conditions.

This is a sham of a Bill, while there is still a need to put money on the table, to negotiate and to resolve these disputes. I say to the Government: stop walking away and stop playing games. Get back to work and get back to the negotiating table.

Strikes (Minimum Service Levels) Bill

Rachael Maskell Excerpts

Committee stage
Monday 30th January 2023 Commons Chamber

[Angela Rayner]

I absolutely agree with my hon. Friend, and here is the rub. I think it is the reason for the latest poll out today on support for the action that trade unions are taking. It is not because the general public like the inconvenience. Of course we all want strike action to be avoided, but the public can glaringly see through the Government’s defence—that this legislation is needed because we need minimum service levels—because they have seen ambulance workers, nurses, and all other key workers fighting for this country and protecting people when this Government cannot provide the minimum safe service level at any other time, during any other week, when there is no strike action. It is this Government who are failing the British people and not providing the level of care, not our key workers, not our nurses, not our teachers and not our firefighters. They are the ones supporting our key public services, and I applaud them for doing that.

The Bill also allows bosses to target union members with work notices. What is to stop that happening? Will trade unions be liable for the actions of non-members? What about when there is no recognised trade union? What reasonable steps will a trade union need to take? Will it be penalised for picketing, or could the simple existence of an otherwise lawful peaceful picket line be effectively banned? The Secretary of State claims to stand up for the democratic freedom to strike. Where are the protections to ensure that work notices do not prevent legal industrial action, or the requirements on employers to take reasonable steps to make sure that they do not, either intentionally or not? Can he really say that not one worker will be banned from action by simply being named in every work notice? What about workers in control functions on the railways, such as fleet managers, route managers and maintenance managers, who would be forced to work regardless under this law?

If the Secretary of State does not care about workers, what about the burden on the employers? Does he seriously think that overstretched public services have the resources to assess new minimum service laws—to work out who needs to be in work, how many people and where, before every single strike day? Should we not promote good-faith negotiations instead? If only the Government put their time and their effort into doing the one thing that will resolve this crisis: negotiating with the employers and the workers in good faith. There are reports that some Ministers are seeing the light and are ready to negotiate. The Transport Secretary admits that these measures will not work; the Education Secretary sees the damage they will do to schools.

As is normally the case in Committee upstairs, we have tabled probing amendments—for example, why these six sectors? Will the Secretary of State add more, and how are they defined? Do health services include veterinary services, dentists or pharmacists? What about parcel delivery, ferry and waterway services, or steam railways? Does he mean to include private schools? Will he regulate minimum service levels for Eton?

The Government are running away from scrutiny precisely because they know that this Bill will not stand up to it. Does the Secretary of State not accept that first we need to see the assessment by the Joint Committee on Human Rights and inquiries by the relevant Select Committees, and that all promised consultations must be completed and published before the Act comes to pass? I know the Minister understands the challenges with legislation and the need to ensure that those affected are consulted properly, so I do not understand why he stands at the Dispatch Box today and does not want, as a minimum, these things to have happened before legislation is passed.

Who is the Secretary of State planning to consult? Will he consult the trade unions and employers affected? Why has he failed to publish the impact assessment that he promised? The Bill has nearly passed through the lower House and we have still not had any sight of it. This is near unprecedented and deeply anti-democratic. Even the Regulatory Policy Committee has not seen it. Is the Secretary of State scared that the impact assessment will speak the truth—that it will conclude that this legislation is unneeded and will actually make things worse?

[Rachael Maskell (York Central) (Lab/Co-op)]

My right hon. Friend is making an excellent speech. The Minister should go on a field trip to really understand what happens with these agreements. The paramedics on the ambulance service picket line carry bleeps, as do those in the NHS, so that they can provide surge staffing when that is required. That is an ongoing dialogue throughout the day and the minimum standards in the Bill will not address that. Does my right hon. Friend agree that the standards are therefore superfluous because they will not address the day-to-day, minute-by-minute needs of the health service?

[Angela Rayner]

I absolutely agree with my hon. Friend. Her point links to what I was trying to express earlier: the Government fail to recognise that every time they suggest in some way that our paramedics, nurses and other key workers do not provide a minimum service and do not take seriously the impact of challenging in the way they have been forced to. They protect the very people they are there to support. The Government have misjudged how people feel about that, because not only have they caused offence to those workers who protect us day in, day out, but they have failed to recognise that every single one of our key workers who does that has friends and family who know that they do that. This is why the public get very upset with the Government when they suggest that somehow our paramedics, nurses and other key workers do not provide those standards. I agree with my hon. Friend: if the Government were able to get out more and see what happens on the ground, they would have a clearer understanding of why this legislation will not work and fix the problems. The public understand that and the Minister should take note.

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[The Chairman of Ways and Means (Dame Rosie Winterton)]

Just a tiny point of information: when I am sitting at the Table, I am not Madam Deputy Speaker; I am either Dame Rosie or Madam Chair. I call Rachael Maskell.

[Rachael Maskell]

Thank you, Dame Rosie. I rise to support many of the amendments. Not only is this Bill bad law, but it will make the industrial landscape far worse. The Minister is trying to make a monster out of something that does not exist and a problem that does not occur.

The Bill needs correcting to comply with international law. I am grateful to Members for tabling amendments 39 and 34, which highlight how the Bill is at odds with ILO convention 87. That is why my hon. Friend the Member for Middlesbrough (Andy McDonald) tabled amendment 83, which would bring that convention into law by creating a framework by which the Bill must go forward—otherwise, it will just spend months in the courts, and I expect that that is where it will end.

We are talking about safety, so not having an impact assessment is quite unbelievable, not least when we know that many of the clauses could well result in services being more unsafe than they are currently. I draw the Minister’s attention to the fact that we already know that those services are unsafe. On Second Reading, I raised statistics from the Royal College of Emergency Medicine about the health service being unsafe, with 500 additional deaths every single week. The Secretary of State dismissed those figures. However, a witness from the Royal College of Emergency Medicine set out his peer-reviewed workings when he appeared before the Health and Social Care Committee.

Strikes (Minimum Service Levels) Bill

Rachael Maskell Excerpts

Consideration of Lords amendments
Monday 22nd May 2023 Commons Chamber

[Kevin Hollinrake]

That is not what has been said, and I disagree with that perspective. The fact that other jurisdictions and other nations use this approach to making sure there are minimum service levels to protect the public, their lives and their livelihoods is indicative that it is the right thing to do. Indeed, as the hon. Gentleman knows, derogations exist in parts of our public services that do exactly what we are requiring services to do with minimum service levels; it is just that they do not work effectively all the time.

[Rachael Maskell (York Central) (Lab/Co-op)]

The Minister finds himself in an isolated position. At the Health and Social Care Committee on 9 May, NHS Providers, NHS Employers and NHS Confederation all said that the Bill was incredibly unhelpful and that additional legislation could make things more difficult, rather than improving the situation. Sir Julian Hartley, the chief executive officer of NHS Providers, said so. Why is the Minister going against the employers, not just the trade unions?

[Kevin Hollinrake]

We do not see that as being the case and we do not agree with that position. We think the Bill is effective and that it is the right thing to do to make sure that people can go about their daily lives unhindered, without fear or concerns about not being able to access vital public services.

I turn next to Lords amendment 1, which changes the application of the Bill from the whole of Great Britain to England only. The amendment would mean that strike action would continue to have disproportionate impacts on the public in Wales and Scotland. As the Government have always maintained, the purpose and substance of the Bill is to regulate employment rights and duties and industrial relations in specified services. Industrial relations is clearly a reserved matter and therefore we consider it right and appropriate to apply the legislation to the whole of Great Britain.

I also point out that the employer has statutory discretion on whether to issue a work notice ahead of the strike, specifying the workforce required to achieve the minimum service level. We hope that all employers will issue work notices to ensure that minimum service levels are achieved where it is necessary to do so. Employers must consider any contractual, public law or other legal duties that they have.

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[Sam Tarry]

The Minister shakes his head, but that is a fact. If he does not believe me, I will take him to my local hospital to see that and to have discussions with the union reps, who regard the safety of their patients as their outright priority.

[Rachael Maskell]

I am grateful to my hon. Friend for giving way on that very point, because I used to negotiate those deals with employers when I was head of health at Unite. Those negotiations are about the relationship that we build between the employer and the worker, but that will not be possible under the Bill, which is why employers have asked that it does not proceed.

[Sam Tarry]

My hon. Friend makes a very good point. When we cast around for anybody actually supporting the Bill who is not a Minister or on the Conservative Benches, we struggle to find anyone. In fact, the Rail Safety and Standards Board chief executive has said nobody thinks this is workable and that it will worsen industrial action. The chief executive of Greater Anglia, who is obviously involved in the railway industry, has said nobody —nobody—in the whole of the rail industry has even asked for this. Then, as we heard from my right hon. Friend the Member for Ashton-under-Lyne (Angela Rayner) and many other Members who have spoken, there are the condemnations from the ILO general secretary.

This attack on rights is making our country an international laughing stock. The Government have said many times that the Bill matches or is very similar to some of the minimum service level processes in many other countries, but there is not a single person in Europe saying this is good idea, because it is not anything like what is in place in comparable countries around the world—not at all. One in five workers could be covered by this Bill’s provisions. They are the nurses, firefighters, teachers, paramedics, rail workers, civil servants and key workers the Government praised during the pandemic, who are all at risk of arbitrary dismissal. What a slap in the face for the heroes we clapped for weeks on end during the pandemic.

Let me turn to Lords amendment 4, on unfair dismissal. Currently, workers who are on strike are automatically deemed to be unfairly dismissed if they are sacked when taking part in an official, lawful strike. The Bill as introduced would remove that protection for those named by an employer in a work notice. It would mean that someone disciplined for not following a work notice could lose their job and then their livelihood. Lords amendment 4 is much fairer. It would reverse that measure and prevent the failure to comply with a work notice from being regarded as a breach of contract or constituting lawful grounds for dismissal. To be fair to the Government, I have not heard even them say that people should be sacked for trying to enact democratic rights. That would be a U-turn on what the Government said when minimum service level legislation was first brought forward. It was pledged in the 2019 Queen’s speech that

“sanctions are not directed at individual workers.”

The Bill clearly does do that, but the Lords amendment would help the Government to develop the policy set out in their own manifesto, so why not go ahead and back it tonight?

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[Ian Lavery]

Absolutely. I fully agree with those sentiments.

When employers are considering who they might wish to give the work notice to, Lords amendment 3 suggests that when deciding whether to identify a person in a work notice, an employer cannot consider whether the person “has or has not” taken part in trade union activities, made use of their services or had a trade union raise issues on their behalf. That amendment should not be needed in the UK in 2023, because everybody clearly understands that if bosses give work notices, they have a clear idea who they will give them to: the trade union reps and the people who do not have a fantastic employment record. That is why that Lords amendment about who the company identifies for a work notice is really important.

In reality, this legislation is simply a battering ram against ordinary working people. I have mentioned the resistance that will be shown in this country if we start sacking the nurses, the teachers and the posties. Blaming the posties for breaking the universal service obligation; blaming the teachers for education in their classes; blaming the nurses for the backlog—you name it, that is what the bosses will do. That will start under this legislation, as they will have the power to sack people. This is a sackers charter, no doubt about that, criminalising our heroic workers.

There will be resistance like we have never seen before. The difference is that the public are on the side of the workers on this one, so be ready. I raise a stark warning: be ready. When the bosses have the books out, ready to sack individuals, and when the Government are telling them who to sack and what the reasons might be, they should be ready for the resistance, because there will be huge issues. How can the Government expect a trade union to take responsibility for individuals who might not want to accept a basic human right? It is bizarre. It is absolutely crazy. I am trying to explain it, but it is very difficult; it is not simple. The trade unions have a huge role to play.

The Bill not only escalates an already febrile atmosphere in this country; it is a vicious attempt the pin the problems that we have on trade unions, from a party that has completely run out of steam. When will the Government start doing their job, for heaven’s sake? How many more hospital appointments need to be set back? How many teachers need to be made redundant or letters and parcels be delivered late before they stop making excuses and demonising workers, and get on with the job that they were elected to do?

[Rachael Maskell]

My hon. Friend is making an outstanding speech about the reality of industrial relations. Does he agree that trade unions do not have any jurisdiction over their members; it is the members who have the jurisdiction over the trade unions? Therefore, it is for the members to decide what action they take or do not take. The Government do not seem to get it.

[Ian Lavery]

My hon. Friend makes a good and valid point that the trade unions are the workers themselves. It is as simple as that.

In conclusion, will Government Members tell us why we are not having a minimum service Bill for non-strike days? In the past year or so, in particular when the paramedics and ambulance workers have gone on strike, efficiency has increased and has been first class on strike days. On non-strike days, like the 360-odd days other than those strike days, unfortunately what we see is people lying on pavements or having heart attacks who cannot get an ambulance. Let us look at a Bill for non-striking days so we can enhance the efficiency of all of the services outlined tonight. If the Minister did that, he would get our support.

Strikes (Minimum Service Levels) Bill

Rachael Maskell Excerpts

Consideration of Lords message
Wednesday 21st June 2023 Commons Chamber

[Kevin Hollinrake]

If there is anybody whom the hon. Gentleman thinks was not able to contribute to the consultation, I ask him to please let me know, but it was open to anybody to make a submission to the consultation, and all those submissions will be properly assessed by Ministers and officials.

I turn now to the Lords amendments that would restrict the ways in which we can ensure that minimum service levels are achieved, Lords amendment 4B still leaves employers powerless to manage instances of non-compliance when workers strike contrary to being named on a work notice.

[Rachael Maskell (York Central) (Lab/Co-op)]

Could the Minister set out the timescale for the consultation and how he intends to carry it out?

[Kevin Hollinrake]

As the hon. Lady may know, our initial consultations closed around the middle of May—9 May to 11 May. Those submissions will now be considered, and we will report back to the House accordingly.

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[Rachael Maskell]

I should refer to my entry in the Register of Members’ Financial Interests.

My hon. Friend makes a very good point about the jurisdiction of trade unions. I have said this in the House before, but Government Members just do not seem to understand it. It is the members of the trade union who determine what happens within a trade union—it is not a general secretary or even an executive, but the members—so how are they, as individual members, going to instruct workers to attend work?

[Justin Madders]

That is really a question for the Minister, and one that I think the Government have failed to answer adequately. I think the point my hon. Friend makes is a good one. When Conservative Members traduce the union barons, they actually traduce every single member of the trade union who has voted in support of industrial action, and I am afraid that that is no way for any Government to operate.

I would ask Conservative Members, not that there are many here, to consider what the Bill actually means. Representatives of trade unions will be required to encourage, cajole, advise, pressurise or even demand that their members cross a picket line. They will be asking trade unions to actively go against the very thing they were set up to do. I would say that it is a bit like asking a Conservative MP to vote in support of higher taxes, but I guess that, with the highest tax burden in over half a century, we may have to drop that particular analogy.

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[Chris Stephens]

I, too, refer the House to my entry in the Register of Members’ Financial Interests. In opening the debate, the Minister skirted round amendment 4B and just said that the Government were opposed to it. A number of us intervened at the time, but I really do think that he needs to consider the Government’s position carefully, particularly on that amendment, because it gets to the heart of the Bill and why so many of us are expressing concerns about the attacks on natural justice and on human rights.

Lords amendment 4B asks that employees receive a work notice in good time. It seems fairly uncontroversial that a work notice should be issued to a worker in good time if they are to attend their work. If we do not accept the amendment, we will end up with a scenario where someone returns to work after a day of industrial action and is told they are being dismissed with no evidence whatsoever that they have been given a work notice. Of course, the Government do not want to give the responsibility for the work notice to the employer, so the employer will have no obligation at all to serve an employee with a work notice, but they could dismiss them the very next day after industrial action.

Let me emphasise that the employee would have no recourse to an employment tribunal. Surely it is a fundamental human right, and fundamental to natural justice, that if a worker is dismissed, they have recourse to a tribunal to challenge that decision. That, to me, seems fairly self-evident and obvious, but the Government are allowing a situation where rogue employers will be able to dismiss a worker for taking part in industrial action with no recourse to a tribunal, and they will not need to evidence the fact that that worker was served with a work notice.

The Government find themselves in a preposterous situation by opposing Lords amendment 4B, so I hope that the Minister will be able to answer some of these questions. Is it really the Government’s position, as I have outlined, that it is okay for an employer to dismiss those on strike and that they will not need to provide evidence that the employee was obliged to go into work? It is ludicrous.

[Rachael Maskell]

While the Government clearly do not want workers to have access to justice through the employment tribunal, of course those workers’ human rights will have been infringed, so will they not have access to other courts to challenge this egregious legislation?

[Chris Stephens]

Hopefully the Minister will answer that question.

The Minister did say in answer to my intervention that it happens in other countries. Yes, it happens in Russia and Hungary. Are Government Members really going to justify the Bill by saying, “It happens in other countries like Hungary and Russia”? Is that the Government’s example? Let me name another country—Italy, where workers can be disciplined but short of dismissal. But the Government do not want to follow the Italian model; they want to be in line with Hungary and Russia. It is incredible that the Government have found themselves in that position.

Strikes (Minimum Service Levels) Bill

Rachael Maskell Excerpts

Consideration of Lords message
Monday 17th July 2023 Commons Chamber

[Rachael Maskell (York Central) (Lab/Co-op)]

Will the Minister spell out exactly how trade unions are to comply with and enforce a code that is outwith their jurisdictions in making workers go into work?

[Kevin Hollinrake]

The code of practice will be consulted on so that all parties are clear about what the obligations of the unions will be. We expect them to be quite straightforward. They have been debated at length, along with various ideas about how this might operate.

[Rachael Maskell]

rose—

[Kevin Hollinrake]

I want to end my speech shortly, but I will give the hon. Lady one last chance to intervene.

[Rachael Maskell]

As has been pointed out on numerous occasions, the measures that the Minister is trying to introduce are outside the jurisdictions of trade unions, which therefore do not have the powers to implement them.

[Kevin Hollinrake]

As I have said, we intend to consult with all parties to make sure that they have a chance to comment on what reasonable obligations a union might be required to take. I think that it is pretty straightforward, and, indeed, unions will be familiar with the code of practice on picketing that was issued under section 203 of the 1992 Act. This code will be subject to statutory consultation, including consultation with ACAS, and to the approval of Parliament. The consultation will give trade unions, employers and any other interested parties an opportunity to contribute to practical guidance on the steps that a union must take in order to make it as practicable, durable and effective as possible.

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[Justin Madders]

That is a very good question. My understanding—no doubt the Minister can correct me if I am wrong—is that it is still up to the employer to determine what work notices it issues, which makes the Bill a little ludicrous.

All these consultation papers, all these impact assessments, and we are still legislating in the dark.

[Rachael Maskell]

My hon. Friend has just made a valid point, because when NHS Employers and the NHS Confederation came before the Select Committee on Health and Social Care, they said that they did not want any of this legislation. Presumably, following that logic, they will not have to issue minimum service level terms for a strike.

[Justin Madders]

I thank my hon. Friend for her intervention. That is why it would have been so interesting to see what the consultation responses were to the draft regulations, because those might have told us whether employers were saying, “Don’t do this; we don’t think it is going to work.” We know that a long list of employers’ organisations are opposed to this Bill, and I will come on to that in a moment. They understand that, ultimately, it is not going to help industrial relations but will sour them.

In summary, the Bill’s impact assessment turns up late and is inadequate; no pre-legislative scrutiny or evidence sessions for the Bill took place; the Committee stage is rushed through in one day; and subsequent consultations are incomplete and leave many questions unanswered. Yet the Government still say that this Lords amendment is not necessary. The evidence to date and the opinion of the ILO say otherwise. I referred to the fact that the ILO is not alone in expressing concerns about the Bill. Many organisations have expressed alarm, including the Equality and Human Rights Commission, the Joint Committee on Human Rights, NHS Providers, the rail industry, the Chartered Institute of Personnel and Development, the TUC, and the Welsh and Scottish Governments. The Transport Secretary and the Education Secretary have also done so, and I could give more names, but I have only an hour for this debate and so I will leave it there.

When we have the shameful spectacle of the ILO calling this Bill out, Members need to think again. By rejecting this Lords amendment, the Government are, in effect, saying one of two things: either they do not know whether they break international law; or they do know but they just do not care. We ought to care, we ought not to be trailing behind in workplace protections, and we ought not to be mentioned in the same breath as Turkmenistan. We ought to be leading from the front, as an exemplar for other countries to follow and a leader on the international stage that says, “Yes, good workplace rights and strong trade unions are a key component in any prospering modem economy, and the right to withdraw your labour is a fundamental one.” However, this Bill is the hallmark of a weak Government who have run out of steam, have nothing left to offer but division and want to silence the very people who keep this country going—shame on them.