Strikes (Minimum Service Levels) Bill

Roger Gale Excerpts

2nd reading
Monday 16th January 2023 Commons Chamber

[Priti Patel]

I cannot give way, because I do not have time.

Importantly, I wish to press the Government to consider widening the list of sectors where minimum service standards are needed. I wish to ask the Government to ensure that they always look to keep legislation and measures open and under review, so that we can continue to uphold standards to protect the public going about their daily lives.

[Mr Deputy Speaker (Sir Roger Gale)]

I call the SNP spokesperson.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

The right hon. Member for Witham (Priti Patel) said that this was a partisan debate. Of course it is a partisan debate, because we either believe in the right of workers to strike or we do not, so, clearly, it is a partisan debate. She spoke about SMEs struggling because of strikes. I can tell her that SMEs in my constituency are more worried about their energy bills going through the roof and the lack of Government support that is coming down the line from April onwards.

We know that this is “anti-strike legislation”—those are not my words, but the words of the Parliamentary Under-Secretary of State for Scotland from the Dispatch Box last week at Scotland questions. He boasted that his Government were introducing “anti-strike” legislation in a rare bit of honesty from the Dispatch Box.

The Secretary of State for Business, Energy and Industrial Strategy keeps going on about minimum ambulance cover, but the reality is that this is an attack on millions of public sector workers. The explanatory notes tell us that this is a Tory manifesto commitment about tackling transport strikes. Although the Conservatives might hide behind that manifesto commitment, that commitment has nothing to do with clamping down on the NHS or on teachers. The Conservatives claim that it is about safety, but, as I said earlier, the word “safety” is not used once in the Bill or in explanatory notes. The reality is that this is an ideological war on the unions, which the Tories somehow think will curry favour with the public. It is a misty-eyed look back to Margaret Thatcher taking on the National Union of Mineworkers. It was a battle that she won, but it was a battle that resulted in the closures of mines and left communities devasted and thousands of workers on the dole. Do we really want to go back to sacking workers and putting them on the dole? That is what this is all about.

We know that this is an ideological war, because, in this period of Tory governance, the Government have already given us the Trade Union Act 2016, introducing voting thresholds, and then, last year, the legislation to allow employers to hire agency staff to break strikes. There is no doubt that this Government want to end strikes, effectively removing the ultimate backstop on collective bargaining.

The Bill not only facilitates an attack on workers, but enables employers to potentially sue unions for damages. It is no wonder that it is opposed by the TUC, the Scottish Trades Union Congress, Unison, the British Medical Association and the Royal College of Nursing among others, and I certainly support them in opposing this.

The legislation is nothing more than an attack on democracy—an attack on the rights of workers to withdraw their labour, and a further attack on devolution. Neither the Scottish Government nor the Welsh Government want this legislation, but, yet again, this legislation will be imposed on the devolved nations. In Scotland, this is further proof that the Westminster straitjacket does us no good at all. We could have had employment and workers’ rights devolved, but, unfortunately, Labour resisted those powers coming to Scotland. However, even the STUC has now called for the devolution of employment rights to Scotland, so perhaps Labour should consider that, instead of listening to Gordon Brown’s rehash of broken promises.

It is worth noting that the Bill does not impact Northern Ireland, as employment law is already devolved to the Northern Ireland Assembly, so, yet again, the so-called most powerful devolved Parliament in the world—the Scottish Parliament—has fewer powers than the Northern Ireland Assembly, and this proves it.

This ideological attack comes from someone who, as Transport Secretary, was non-existent when it came to dialogue and communications, and that was confirmed by the unions. He was somebody who was blocking the DFT from agreeing deals, and now we have that same person in post leading the charge for anti-strike and anti-worker legislation. Given the Secretary of State’s form, we know that he is up for a fight, but even if wins this fight, he will be destroying worker relationships for good. These are hard-pressed workers, particularly from within the NHS, who are struggling at times with the pressures that they are under. Who seriously thinks that not negotiating and threatening workers with the sack for striking will help matters? It is utterly insane. As the rail unions pointed out at the Transport Committee last week, deals have been agreed where DfT and UK Ministers are not involved. Clearly the union asks cannot be too unreasonable, when RMT and ASLEF have agreed deals with ScotRail and the Scottish Government, deals in Wales and deals with Merseyrail, for example—deals with Governments and authorities that have been hamstrung by the Tory austerity imposed on them, yet still managed to agree deals.

The Tories tell us they are the party of workers. That phrase fools no one, but they also tell us they are all about a high-wage, skilled economy. Yet, as we have heard, when workers ask for a wage rise they are told no, that it is unaffordable; even worse, in the case of the rail unions, the Secretary of State quotes figures that he thinks show how well paid all rail staff are. That is really telling: the Secretary of State is effectively saying, “Train drivers are overpaid—how dare they ask for a wage rise?”. That is insulting beyond belief.

The Tories can forget saying they want a high-wage economy. They were quite happy for the rail companies to pay dividends during the pandemic. They were quite happy for Virgin Trains East Coast to walk away from the London North Eastern Railway franchise owing billions of pounds, but they always go for attacking workers.

It is the same with the Secretary’s rhetoric about this legislation mirroring what happens elsewhere in Europe. His soundbites are easily proven to be false. Indeed, the general secretary of the European Federation of Public Service Unions, Jan Willem Goudriaan, argued that comparison by the UK Government of this Bill with existing laws in other EU countries was misrepresenting the situation, because all minimum service levels in Europe are agreed through negotiation. Moreover, the general secretary of the European Trade Union Confederation, Esther Lynch, said:

“The UK already has among the most draconian restrictions on the right to strike in Europe, and the UK government’s plans would push it even further away from normal, democratic practice across Europe”.

Pablo Sánchez Centellas, a spokesperson for the EPSU, was much more succinct, saying, “It’s bollocks.” The Secretary of State should reflect on the true position of this proposed legislation compared with what is happening in Europe.

It also seems that this legislation is in breach of article 11 of the European convention on human rights, especially with regard to proportionate action. Richard Arthur, head of trade union law at Thompsons Solicitors, said the Bill raised,

“very serious legal question marks”,

and anticipates legal challenges under article 11 of the ECHR and convention 87 of the International Labour Organisation. He has also rightly pointed out that the human rights memorandum that accompanied the Transport Strikes (Minimum Service Levels) Bill set out reasons why minimum service levels were not justified in fire services, health settings or education, yet that is what the Government now propose. By default, this Government are now going against their own previous human rights opinion. What kind of madness is that?

When it comes to the International Labour Organisation, which the Secretary of State likes to reference, its idea of minimum service requirements is clearly intended to be based on endangerment to life, personal safety or health. This wide-ranging legislation goes way beyond those parameters. The ILO makes it clear there should be an independent arbitration body, yet this Bill is completely silent on such a body. Why is that?

It is also clear that any minimum service level is supposed to be just that—a bare minimum. We have no idea what this Government will railroad through via statutory instruments. Statutory instruments cannot be amended and the last time a Government was defeated on a statutory instrument was in 1979, so we know all power rests with the Government there.

As Liberty has observed, the Bill does not create any form of minimal service. Liberty also confirms that MPs debating this legislation on Second Reading will not know exactly what they are voting for, so all the Tory MPs in the Chamber who are going to take part in the debate and then trot through the Lobby will do so blind to what the future legislation and regulations on minimum service will look like. It is an affront to democracy. Any Tory MP who claims to care about parliamentary sovereignty cannot possibly vote for this Bill.

The Bill is made worse by the Henry VIII power that allows amendment and revocation even of future legislation not yet passed. We can see how the Government are ramming this Bill through Parliament with minimum scrutiny and a proposed programme motion allowing just five hours for Committee. It really is an assault on democracy. The fact that the Bill comes into effect immediately once passed, so that work notices and actions can be taken by employers for strikes that have already been voted through, shows just how ridiculous this assault on workers is.

The impact assessment for the Transport Strikes (Minimum Service Levels) Bill observes that on a strike day in July 2022, 20% of rail services were still in operation. Right away that suggests to me that a minimum level of service was operating. What do the Tories really think a minimum service is, if 20% is not a bare minimum? There are huge ramifications here for rail workers overall, because if this Government force through a high threshold of minimum service, strikes by signalmen and track operatives will effectively be banned. A high minimum service will force all those guys to work to keep the tracks in operation and the trains running, effectively blocking strikes by the back door.

What will minimum service look like for teachers? Where does that fit in with all the talk about safety? What happens to train companies that cannot provide a minimum service at the moment, especially if union members decide not to work on their rest days and to work to rule? Where will that leave this Government on minimum service level obligations?

The overview in the explanatory notes makes it clear that the ability to sack workers is a key aspect of the Bill. That is the polar opposite of what was said when a transport strike Bill was listed in the Queen’s Speech in December 2019, when it was stated that workers would not be discriminated against. Why are the Government now threatening people’s livelihoods?

Despite what the Secretary of State says, it is also clear that this legislation will allow employers to target those they think are part of an awkward squad. Allowing employers to decide who has to work on notified strike days clearly infringes on workers’ rights to withdraw labour. Instead of the illegal blacklisting previously done by some companies, employers now can name workers they want to break a strike, and sack those workers if they stay true to their beliefs. How can that be deemed acceptable?

The sacking aspect is the proof that this is nothing to do with minimum cover by ambulance staff, as the Secretary of State likes to tell us. It also ignores the fact that section 240 of the 1992 Act, as my hon. Friend the Member for Glasgow South West (Chris Stephens) keeps saying, allows for preserving life and limb, and that unions have their own practices to comply with that legislation. For fire services, the Secretary of State could also utilise the Fire and Rescue Services Act 2004, if he felt the desire to do so.

It is crystal clear that this legislation is not required. It is an attack on democracy and the right to strike; it will prolong industrial disputes, not resolve them; it will allow individual workers to be targeted through work notices; and it is politically stupid. We have to wonder why this Tory Government are looking to antagonise something like 7 million workers across these sectors. It also shows an astonishing level of incompetence to bring in legislation that potentially allows them to sack essential workers in vital sectors where there is already a shortage of skilled workers.

The public can see through a Government who partied while clapping the nurses and now threaten them with the sack. They should follow the lead of the Scottish Government and get around the negotiating table. The resolution of the ScotRail dispute has been commended by both the RMT and ASLEF. There are no strikes planned in the health service in Scotland and the pay deal being implemented by the Scottish Government is one that the UK Government should replicate as a starting point when they get around the negotiating table.

It is outrageous that the Scottish Government, who have been negotiating in good faith with the unions, will now have this legislation foisted upon them—legislation that Westminster could use to force work notices through in Scotland against the wishes of the Scottish Government and that could ruin otherwise good working relationships in Scotland. Employment law should be devolved to Scotland, but even that would now just be a sticking plaster. It is perfectly obvious that what Scotland now needs is the full powers of a normal, independent country.

[Mr Deputy Speaker (Sir Roger Gale)]

I call the Chair of the Transport Committee.

--- Later in debate ---

[Owen Thompson (Midlothian) (SNP)]

It looks like being quite the week for the use of draconian anti-democratic powers by this Government. The restrictive anti-trade union legislation they pushed through in 2016 clearly was not enough for them, so now we see an unprecedented attack that will undermine the most basic of workers’ rights—the right to withdraw labour. The right to strike is essential for fairness in negotiations with employers and to protect workers from having appalling pay and conditions imposed on them. It is what differentiates modern Europe from the medieval serfdoms of the past.

Turning their backs on the fundamental tenets of democracy really is something this Government are getting far too used to doing. The more they get a taste for it, the further they want to go. We saw them illegally prorogue Parliament and push through Brexit, and now we see plans for a bonfire of thousands of EU regulations that protect our rights. We saw the attack on devolution through the United Kingdom Internal Market Act 2020, and now we see them block a democratic decision rightly taken in Holyrood, cranking up the disrespect yet another notch. We see their anti-protest laws becoming even more authoritarian, with plans for the police to arrest campaigners before they even have a chance to commit a crime, and now we have their anti-trade union agenda being taken to the next level with these blunt powers being brought forward to stop strikes.

The sweeping Henry VIII powers in the Bill, enabling Ministers to amend, repeal or revoke primary legislation not yet passed, should chill the heart of any democrat. It is ironic that a Government so keen to turn their back on Europe lean so heavily on their excuse, “But that is what other countries do”. It is also deeply disingenuous, and as Unison has rightly pointed out, countries being cherry-picked by the Government, such as Italy and France, come to voluntary agreements through collaborative processes and have far less restrictive measures in place than we currently see in the UK. They do not have unspecified minimum service levels imposed on them by an Executive, as this Bill would enable this Government to do. Strikes are not the cause of the problems we face here; they are a symptom of the deep-rooted damage that has been done to our public service by this Government. The fact is that nobody downs tools without very good cause, especially during a cost of living crisis.

Whatever motivation workers may have, they are under attack on all fronts by this Government, and I commend the unions for taking action to protect their members. If the Government continue to be determined to go down this destructive path, further damaging industrial relations, they must devolve employment law now, so that the Scottish Government have the powers they need to protect the rights of the people of Scotland from the damage of this Government. Workers are not just striking for themselves. They are striking for the very future of public services, which they witness being run into the ground. They are protecting the cohesion of our communities, the standards of living we should all be able to enjoy and the rights of all workers. I stand in solidarity with them, and I will always fight to protect the right to strike from irresponsible attacks such as this. This Bill should be refused any further consideration, and I urge every Member here tonight to stand against it and vote it down.

[Mr Deputy Speaker (Sir Roger Gale)]

I call Gagan Mohindra.

[Mr Gagan Mohindra (South West Hertfordshire) (Con)]

May I first welcome you to your place, Mr Deputy Speaker? I place on record my thanks to all public sector workers for the excellent work they have done—not just during the pandemic, but for many years prior to it.

As we all know, the country is facing a difficult period of economic hardship. Yes, it is partly because of the war in Ukraine, and yes, it is partly because of our active response in the fight against the pandemic, but we need to be conscious that we are here to support workers, and not all workers are members of unions. It is fair and reasonable, and I always come back to the theme of being fair and reasonable, to suggest that some of this legislation—and I will be supporting the Bill—is about making sure there is a correct balance between those in the unions who wish to strike and those, who are a majority of my electorate, who continue either to run their own small companies or to work in smaller industries that rely on public services, such as the railway network.

As many Members will know—I have said this in this place before—while I represent quite a lovely constituency, public transport very much runs north and south, and when there are rail strikes, my constituents can get around only with extreme difficulty. While that may not necessarily hurt those who have the ability to access a car or, in extremis, pay for a little cab, those who we should be supporting the most are actually the ones most affected by this—the ones who are not able to use the bus to send their kids off to school or to get to their GP surgery for a doctor’s appointment.

Reference has been made to the East of England Ambulance Service NHS Trust, which I know has had a really tough time over many years. I would like to place on record my thanks that it was not one of the bodies that had a strike over recent weeks. Unfortunately, I have had to use its services over the last few weeks and months, and I know that it is literally saving lives in doing the excellent work it does in very difficult circumstances.

One of the things I want to make the public aware of is that, post pandemic, we have adapted the way we work. Yes, we are very supportive of people such as rail workers, but the general population will adapt. I am a firm believer that we should be encouraging people to get back to work, which may mean commuting to London, as it does for a lot of my constituents. However, if that proves too difficult, they will just turn around and say, “Actually, we’ve already adapted, post pandemic, to working from home”. That means we will hollow out the urban areas of our country such as central London, where instead of a vibrant high street, as we have had with Victoria Street, we will very quickly have high street retailers, such as the Pret A Mangers of the world, closing up shop because they do not have the footfall to support them.

Reference has been made to international comparisons. I for one think we have got the balance right with our support for workers, but also, counter to that, for wealth creators. As someone who comes from a small and medium-sized enterprise background, I know that I was fully reliant on one, two or three workers in, in my case, a furniture retail shop, to make sure the business could run, and I could not have done it without them. They were not part of a union, but 80% of our economy is reliant on SMEs, so while unions are excellent in the work they do for large public sector bodies, other workers out there are not members of a union.

Finally, my great friend my hon. and gallant Friend the Member for Bracknell (James Sunderland) mentioned that our armed forces and the police have not been able to strike for over 100 years. That system has worked, so I am not necessarily worried about this particular piece of legislation.

[Mr Deputy Speaker]

Order.