Draft Important Public Services (Health) Regulations 2017 Draft Important Public Services (Border Security) Regulations 2017 Draft Important Public Services (Fire) Regulations 2017

Stella Creasy Excerpts

Wednesday 1st February 2017 General Committees

[Margot James]

I think I have already explained that, but if the hon. Gentleman requires me to restate it, we are seeking to rebalance the rights of those workers to strike with the rights of the public, particularly in the case he mentioned. For patients facing critical illness or emergencies, those two rights have to be balanced, and that is what the legislation is all about.

In the Border Force, we are addressing the significant risks to public safety in the event of disruption to border controls. We have focused on services in respect of the entry and exit of people and goods, as those are central to the carrying out of checks and to preventing illicit commodities and other threats to our security from entering the country.

Members of the public will agree that strikes in those important public services should take place only when there is a strong level of support and a justifiable mandate. I hope I have reassured Members that the regulations are justified and proportionate to our objective.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

The Minister talks about balancing the rights of the public against the rights of people in employment to withhold their labour. Over the past decade, we have seen a decline in the number of days taken in industrial action. None of these powers has been necessary. Before she finishes, will she tell us what assessment the Government have made of whether there are alternative, more constructive ways of resolving their concerns, which do not restrict people’s right to withhold their labour when they feel under pressure?

[Margot James]

I will deal with the hon. Lady’s points in this way. Working days lost vary from year to year. For example, 170,000 working days were lost to industrial action during 177 stoppages in 2015. That number was less than some recent years and more than others, but I think most people would agree that that is a significant amount of time lost to strikes. The point is that this measure is not at all designed to attack a person’s right to strike. It is designed to ensure that, when the right to strike is exercised, it has a strong and democratic mandate from the people who vote for strike action.

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[Gill Furniss (Sheffield, Brightside and Hillsborough) (Lab)]

It is a great pleasure to serve under your chairmanship, Mr Bailey. As the Minister outlined, the Trade Union Act 2016 introduced a requirement that at least 50% of eligible union members must vote in an industrial action ballot for it to be lawful. In addition, union members in sectors that the Government define as providing “important public services” will be subject to the requirement that any ballot for industrial action must achieve a 40% threshold of support.

Five sets of draft regulations determine the sectors covered by that additional 40% restriction. Today we considering the health sector, namely emergency, urgent and critical healthcare services; fire and firefighting services, including the co-ordination of emergency response; and border security and border functions for the control of entry and exit of people and goods into and from the UK.

I will not overly repeat the many issues that the Opposition have with the Trade Union Act as a whole and with these specific regulations, because I spoke to them at length yesterday when we considered their application to the education and transport sectors. However, it is important to reiterate that the regulations on voting thresholds for certain groups must be seen in the wider context of the Trade Union Act, which is a broad assault on working people and the right to strike.

The Government claim that, by imposing additional regulations on certain groups, industrial action is made more democratic and accountable. If they are so concerned about the democratic ability of unions, why did they delay and frustrate the implementation of electronic balloting for union members? I remember from yesterday’s debate that the Minister told us that e-balloting is under review. She initially said that the review would be published later this year, but then said that it would be published “soon”. I would like to know the answer today. I am pleased to hear that there may yet be progress on this initiative, but I think that it betrays the Government’s real motivations, which are to hamper the ability of working people to bargain collectively.

When strike action in the UK is already at an all-time low, and trade unions already take great care to maintain a level of essential service, loading an incredibly highly restrictive set of activities with further red tape is clearly ideologically motivated, and that is not good for governance.

[Stella Creasy]

It is unusual and telling that such a restriction is being brought in. I know that the “r” word referendum is not a popular one in this House with many people, but were we to impose such a threshold on referendums, or indeed on general elections, I am sure that there would be debates about that. No such arguments have been made, yet when it comes to people’s working rights, somehow the Government feel that such measures are entirely appropriate. What does my hon. Friend think that says about their approach to democracy and genuine engagement with people?

[Gill Furniss]

That is a very good point and we should all think about it.

The Government’s actual intention in introducing the regulations, which they expressed in their impact assessment of the Trade Union Act, is to reduce number of days lost to strikes by two thirds. However, Office for National Statistics figures show that, in 2015, fewer working days were lost to strikes—it is the second-lowest annual total since records began in 1891.

We in Labour believe that the right to strike is a fundamental human right that should be applied equally to all workers. The International Labour Organisation’s Labour Relations (Public Service) Convention 151 also provides that public servants must enjoy the same political and civil rights as other employees. The regulations clearly fly in the face of that convention.

Midwifery staff in hospitals would be affected by these regulations. Yesterday, I quoted Cathy Warwick, chief executive of the Royal College of Midwives, who wrote shortly after the first ever strike by the RCM since its foundation in 1881. She said that

“women needing urgent and emergency maternity care were getting it because midwives had sat down with management in advance of the day to ensure that a safe service would still be running, staffed by midwives, regardless of the strike.”

The new laws are unnecessary. They undermine the right to strike and are unlikely to be effective and the Government are dragging their feet on measures that would actually improve union democracy. I am very tested by the fact that we will still have to wait for the introduction of e-balloting. A lot of good points about people’s rights to withdraw their labour were made in yesterday’s debate, and about that being fundamental for working people. Above all, I want to reiterate the damage the measure could do to industrial relations in those areas of work. Rather than things becoming more democratic, with more people allowed to participate, there will be more union officials running about trying to get the numbers rather than talking and seeking compromise or whatever results we try to get in industrial relations negotiations.

I repeat that I will not support the measure. I should like an answer on e-balloting and want the Minister to take on board the fact that we already have evidence that striking is a last resort. Strikes happen when agreement cannot be reached. We already have evidence that the services we are discussing today will always ensure that the public are not unduly affected by their strike action.

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[Adam Afriyie]

I do not know the figures for how many came out on strike, but I know that 22% expressed the desire to strike, which means that the overwhelming majority did not. The question at that point is whether it is right that one in four or one in five people can force a strike on others while disrupting people’s education and the entire education system for a time.

[Stella Creasy]

Hon. Members appreciate that policy based on evidence is helpful. The impact assessment states clearly that there are number of sectors where it may be difficult to ascertain what 40% is, and therefore where the policy can be implemented. Does the hon. Gentleman have any concerns about that? The evidence is on the Table, and I am happy to get him a copy. It is clearly set out on page 36 that there may be problems in some units as to what the 40% threshold is—[Interruption.] We all know that the former Education Secretary is a proud defender of experts and the importance of data. I do not know why Members laugh at that.

On the point about restrictions on people, if it is not clear who might be affected, is the hon. Member for Windsor concerned that there might be an unnecessary effect on people’s basic human right to withdraw their labour when they are put in conditions they consider unacceptable?

[Adam Afriyie]

There are always grey areas and challenges. I have looked closely at the impact statement. The number of days lost to strikes in this country is amazing—that is on page 29, and even Border Force is there. In 2014, 2,985 days were lost to strikes. Despite some concerns about the edges of the regulations, it is right that those who want to strike, and unions wanting to try to force a strike, should reach a threshold. I am sure that the hon. Lady’s concerns will be addressed in time, given that I am sure trade unions will consider how they can carefully register voters and ensure that all members can vote in the ballot.

I wanted only to say one or two sentences, so I shall continue. It is a question of balancing workers’ rights to withdraw labour—trade unionism is a great movement that I have always supported—and people’s right to use public services and avoid risks to life. The important aspect of the regulations is that the provisions step across into the private sector. When the private sector provides services to public services and important services in the economy, it is caught by the regulations. That important point was made from the Opposition Benches a few moments ago.

In the context of the regulations, I urge the Minister to look a bit further afield. Let us look at all infrastructure. Today, with digital infrastructure, and with people’s alarms system connected and with tele-medicine and telehealth, there are important health and security industries that have an impact on people’s healthcare—and, dare I say, border security issues—but which would not automatically be seen as important sectors in the economy. My question for the Minister is whether the Trade Union Act 2016 gives scope to add further functions or job descriptions to those we are tackling today, in terms of increasing the low thresholds for strike ballots.

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[Chris Stephens]

No, the point is the trend of the Government, who say one thing and do completely another thing. I remember writing an article in the Morning Star, with which the hon. Gentleman may be familiar, in which I described being in this place and the arguments being presented by the Government as “bizarre”, “surreal” and “Orwellian”, and I think we have seen evidence of that today. This is a general problem, because the Government are suggesting that they wish to protect workers’ rights, but what we see with the Trade Union Act 2016 and now these regulations is an entirely different matter.

[Stella Creasy]

I am not a regular reader of the Morning Star, because I prefer fact to fiction. Does the hon. Gentleman agree that as Government Members have already suggested that they would like to extend the 40% threshold to other industries but cannot clarify what the bargaining units might be, or whether they have considered other proportionate ways to resolve industrial disputes so that people’s rights are not curtailed, and given that we have no guarantees that any of the legislation on employment rights that they claim they will bring back from Europe will remain in UK legislation, this is a very worrying time for working people? That is why these regulations should be treated with extreme caution.

[Chris Stephens]

I agree. The point is well made, and there is a distinction that must be made clear. The Government always seem confused in these debates, and about trade unionism in general, because they seem to think that after a ballot result is announced, whether the turnout is low or not, trade union activists, including full-time officials, develop Jedi-like powers to persuade other workers. It is as if the trade union officials wave a hand and say, “This is the strike you are looking for.” That is not what happens in trade union organised workplaces; I can say that as someone who was a trade union activist for 20 years before my election.

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[Stephen Timms]

The hon. Gentleman is absolutely right; that is the normal practice. When opening the debate for the Opposition, my hon. Friend the Member for Sheffield, Brightside and Hillsborough gave the example of the Royal College of Midwives. I think I heard her correctly when she said that it recently had its first strike since its creation in 1880-something. Why on earth are we legislating to make it harder for them to strike in future? Unless we believe a huge zeal for industrial action that we have not seen in the past is about to hit us, why on earth are we legislating? I am genuinely puzzled.

[Stella Creasy]

I am in the odd position in which I agree with the evidence put forward by the former Education Secretary, the right hon. Member for Surrey Heath. He said that there has been a reduction in the number of strike days—although that is not because the legislation was introduced. One of the problems with the debate is that it almost sounds as though striking is the only things that unions do. Good employment relations help good organisations to thrive. Legislation such as this risks that relationship, which helps with so many issues, whether changes in the workplace or helping people with learning and development, being lost in the fog of this almost provocative attitude from the Government in saying that all trade unions want is to strike.

[Stephen Timms]

My hon. Friend is absolutely right; that is exactly the danger that we face here. If there is evidence of a serious problem, or of x incidents of industrial action over the past three or five years that would have been avoided if the legislation had been on the statute book, will the Minister tell us what it is? If there is no such evidence, I hope the Committee will echo the natural reluctance to legislate often urged by Government Members and vote the regulation down.