Strikes (Minimum Service Levels) Bill

Sam Tarry Excerpts

2nd reading
Monday 16th January 2023 Commons Chamber

[Laura Farris]

I thank the hon. Gentleman for his point. I am coming to all these things, so if he will give me a moment, I will continue.

In the United States, 38 out of 50 states have an outright ban on public sector strikes, including New York. Other states, such as Canada, Australia, Italy and Spain, all have embedded in statute minimum service levels that apply to important public services, and those services are often drawn much more widely than the Government are proposing. They include waste collection, postal services, broadcast services, the administration of justice, water distribution and energy supply.

I pick out those states not as random examples, but because every single one is a member of the International Labour Organisation. They are bound by exactly the same rules as us, and they are among our closest comparators around the world. Even more importantly, the International Labour Organisation has adjudicated all their statutory minimum service levels, and a 2019 publication from the ILO in Geneva commented:

“These examples illustrate the wide diversity of approach that ILO member states have adopted to address the challenges posed by industrial disputes in essential services”.

Minimum service levels

“supported by the ILO’s supervisory organs, exist to manage the balancing act between these necessary restrictions and the individual worker’s fundamental labour rights”.

I have not heard a single Member of Parliament tonight explain to me why the ILO is wrong or why the Government are striking the wrong balance when they have a mandate for what they are doing.

[Sam Tarry (Ilford South) (Lab)]

The disingenuousness comes from making comparisons with other nations under ILO regulations, which clearly have a completely different context. For example, the ILO imposes restraints on the circumstances in which such powers can be used, which is the antithesis of the Government’s blank cheque approach.

[Laura Farris]

With respect to the hon. Gentleman, I take the opposite position. The United States has an outright ban on public service strikes in 38 states. In December, President Biden made his most recent intervention in union rights when he signed legislation that imposed an outright ban on a national railroad strike. The United States is a founder member, as we are, of the International Labour Organisation. It goes much further, but the ILO has found its ban to be lawful. The Opposition will have to say why all those comparable states, which go much further than us, are somehow acting lawfully, yet we are not.

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[Florence Eshalomi]

Will the hon. Gentleman give way?

[Sam Tarry]

Will the hon. Gentleman give way?

[Chris Loder]

I am sorry; I will not give way to hon. Members, because I have to crack on.

These strikes are not a new or recent development. There have been constant strikes for more than six months among some groups and, in some locations, they have actually been going on for years. We are seeing a rampant appetite for industrial action. We know that is the case, because RMT members have been striking against themselves in the last 12 months. Last week, at the Transport Committee, it became clear that the head of the train drivers’ union not only is a Labour party member, but has a top seat on its executive ruling body. There is a close relationship between the Labour party and the trade unions, which is worth hundreds of thousands of pounds to individual Opposition MPs.

[Sam Tarry]

I thank the hon. Gentleman for giving way and for being honest about his trade union membership. I wonder what the hundreds of thousands of teachers who just voted to go on strike against his abominable Government think about being called political pawns, when they are striking to look after our children.

[Chris Loder]

I remind the hon. Gentleman that my remarks are about those in the transport industry who are in touch with me and those who represent them. I should say, however, that no teachers in my constituency have been in touch with me to tell me that. The Opposition should take note of that.

I will bring my remarks to a close. As I was saying, the relationship between the unions and individual Opposition Members is worth hundreds of thousands of pounds. The unions are showering the Opposition with hundreds of thousands—millions—of pounds as if it were confetti from the sky. It is absolutely outrageous. We have the privilege of being able to refer to the Register of Members’ Financial Interests when they speak in this House—that is all it takes. [Interruption.] It is all there; I assure hon. Members that there is no influence from trade unions in my entry.

The irony is that we know that Opposition Front-Bench Members have accepted the TUC’s invitation to go to Spain to talk about such things with Spanish unions and to work out how disruption can be caused in this country. There is so much to expose, but I am afraid that I do not have any time left, otherwise I would be happy to say more.

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[Ruth Edwards (Rushcliffe) (Con)]

This is a debate about the balance of rights, and balancing the right to strike of our constituents who work in essential public services with the rights of our other constituents, and their right to get to work, to school, to have their operation, and even in the case of blue-light services, their right to life. That is what we are talking about. The Bill is not about views on the rights and wrongs of the current strikes. It is certainly not an attack on public sector workers, and suggestions otherwise from Labour Members are both disgusting and an attempt to stifle genuine debate.

I deeply value the work of nurses, teachers, firefighters, ambulance drivers and rail staff across Rushcliffe and the country, and of course they should have the right to withdraw their labour. The Bill is about how they can do so safely. The Labour party would have us believe that this is some outrageous attack on workers’ rights—“political violence”, said the hon. Member for Jarrow (Kate Osborne)—and something that no civilised country could possibly contemplate. No civilised country other than Spain, Italy, Germany, France, or indeed the United States, Australia and Canada, which in some areas have an outright ban on strikes in blue-light services. Normally, Opposition Members idolise Europe’s approach to employment rights, but on the issue of minimum services they are keeping very quiet. Why? It is because their paymasters in the unions do not want to let them do otherwise. I understand, I do—[Interruption.] I will happily give way to the hon. Gentleman.

[Sam Tarry]

Most Labour Members will be proud of the fact that trade union members in their local branch meetings vote democratically to make donations to local Labour party Members of Parliament. I ask the hon. Lady to withdraw that preposterous, outrageous and untrue comment.

[Ruth Edwards]

I certainly will not, because the hon. Gentleman failed to declare in his intervention that he received £13,000 from unions. I notice there are a lot of proud union members who are not declaring their donations. That is not me being party political—it is a requirement of this House.

I understand the position of Labour Members. It is not easy to turn round to the union barons who have given them and their colleagues more than £1 million in the past four years and tell them that they are wrong. The Bill builds on principles in the Trade Union Act 2016, which put higher vote thresholds on important public services when unions ballot on strike action. It builds on the principle of life-and-limb cover, and will prevent the situation that we had at the end of last year when different ambulance services had different agreements in place with unions. That resulted in a postcode lottery for patients, which is unacceptable.

The Bill complies with the criteria set out by the International Labour Organisation, as my hon. Friend the Member for Newbury (Laura Farris) set out in detail. In short, the Bill sets out a pathway for workers to exercise their rights safely. It should not be controversial. It has precedent in the UK, all over Europe, and in international conventions. We are making the responsible choice to protect all our constituents. On the Opposition Benches, however, it may be a new year, but it is the same old Labour, still acting as the mouthpiece of their paymasters, the union barons. They have been bought by the barons, and are still doing their bidding.

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[Anna Firth (Southend West) (Con)]

The Bill is about duty, fairness and balance—nothing more, nothing less. The first duty of any Government is to keep their people safe. The Bill is about ensuring we have minimum levels of safety and service across our essential public services. I heard what the hon. and learned Member for Edinburgh South West (Joanna Cherry) said about safety, but when we are talking about ambulances and accident and emergency departments, it is about safety. But it is also about fairness. Due to the hard work and dedication of all the ambulance workers across Essex and all the NHS workers at Southend Hospital—every doctor, every porter and every care assistant—nobody in the wonderful city of Southend and in Leigh-on-Sea has suffered any disruption in the service. They have been served with the same dedication and care every day since the strikes began. Why should those who are not lucky enough to live in Southend and Leigh-on-Sea not get the same service? Of course they should because they are all—

[Sam Tarry]

Will the hon. Lady give way?

[Anna Firth]

No, I won’t because of the time.

This is about balancing the right to strike with the right to a minimum level of service for those who are paying for it. Of course, the right to strike is something that we on the Conservative Benches consider to be important. It is a key right.

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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.