Strikes (Minimum Service Levels) Bill

Andy McDonald Excerpts

Committee stage
Monday 30th January 2023 Commons Chamber

[Dr Mullan]

The Government are committed to extensive consultation to set the minimum service levels, and that sets the spirit in which they want to reach the agreements. Agreements, and positive engagement with industry about them, are in place in Europe. As we have seen with the current strikes, it is not as if the will is not there to agree and recognise that there needs to be a degree of minimum service. As I have said, we have it in the police and it is part of legislation. I do not think it is right that we rely on voluntary agreements to secure others such as ambulance service workers. On principle, I do not think that it should purely be up to the negotiating process to decide that. We should aim for negotiation and for agreement, but not rely on voluntary agreements.

The Government expect to consult on this. It is not the huge attack that Opposition Members make it out to be, as we have seen with the police. We are taking a negotiated, compromised position, similar to many countries in Europe. On that, I conclude my remarks.

[Andy McDonald (Middlesbrough) (Lab)]

It is interesting to follow the hon. Member for Crewe and Nantwich (Dr Mullan). As a proud trade unionist, I refer the Committee to my entry in the Register of Members’ Financial Interests. For the avoidance of doubt, I declare that I do not have an £800,000 overdraft facilitated by the chair of the BBC, a multi-million-pound repayment with His Majesty’s Revenue and Customs or shares in a tax haven.

I wholeheartedly oppose this hurried, vicious and anti-devolutionary Bill in its entirety, and will vote against it tonight. I rise to speak specifically to the amendments in my name and those of right hon. and hon. Members. Our country is in crisis. Millions of workers are seeing their terms and conditions ground down and their wages eroded. Many are unable to meet their bills and are saying very loudly “Enough is enough.” Yet this Government’s response to strikes called successfully—despite the most severe, draconian balloting requirements and restrictions that they have imposed on trade unions—is to say no to legitimate pay demands and to negotiations, and to attack the very right to strike itself. Britain already has the toughest anti-union laws in Europe.

No worker wants to go on strike. It is a last resort taken at a financial cost. That desperation is evidenced by workers beating some of the strictest thresholds in the western world to do so. The reason that workers are pushed to strike is that in the face of a spiralling cost of living crisis, they have no other option. No amount of tightening the screws on trade unions will change that material fact. This Bill will do nothing to change the reality for millions of British workers who have seen their real-terms incomes drop dramatically since 2010.

[Jeremy Corbyn (Islington North) (Ind)]

I thank my hon. Friend for giving way and I fully support all that he has said in his speech. Would he agree that the effect of the Government’s attitude, and of this and other anti-democratic legislation, is not only to increase support for strong industrial action to win decent pay rises but to encourage many other people who want to live in decent housing and do not want to live in desperate poverty to support this wave of industrial action and bring about a fairer society?

[Andy McDonald]

My right hon. Friend is right. People’s response has not been to lie down and accept the Government’s bidding; they have no choice but to stand up for themselves. Labour will have no truck with this terrible attack on working people, and once in government we will not only repeal this appalling legislation but, under the expert stewardship of my hon. Friends on the Front Bench, bring in the new deal for working people to tackle in-work poverty head on. The real impact of this Bill will be that any employee who disobeys an order to work during a strike could be fired. That is simply unacceptable in a free society. I was staggered at some of the comments from Conservative Members that they did not think that was the impact of the Bill. It clearly is.

[Ian Lavery]

I tried to intervene on the hon. Member for Crewe and Nantwich (Dr Mullan), who I believe was a GP, and my question would have been: if a doctor, nurse, transport worker or fire and rescue service rescue worker had voted for industrial action and was then instructed by their boss to cross a picket line and was compelled to work, what would that do in terms of the duty of care from the employer to the employee and the wellbeing and mental health of those individuals?

[Andy McDonald]

My hon. Friend makes a good point. This is about targeting people. People will be selected for treatment under these work notices, and trade unionists will be singularly picked out to add to the humiliation and distress. It is a dreadful tactic.

[John McDonnell]

The practical reality is that for some workers this takes away the whole right to strike. An example in my constituency is air traffic control. There is no such thing as a minimum service guarantee in air traffic control, and the same can be said for rail signalmen. This process will extend the denial of the right to strike to whole batches of workers, and we need to acknowledge that in this debate.

[Andy McDonald]

My right hon. Friend has hit the nail on the head. There are workers who are going to be denied that fundamental right to withdraw their labour, and that is a step that should be taken with a great sense of foreboding and concern.

The Bill could also lead to bankruptcy for trade unions as they become exposed to lawsuits that could wipe them out. Notably, there is no minimum service required of the Government in the Bill. If workers are required to provide minimum service levels on strike days, why is there no such requirement for the Government and outsourced private providers on non-strike days? As we have seen in the course of these disputes, workers and unions are well aware of their legal and moral obligations, but this Government’s cynicism stinks. They are more than happy to sit on their hands when there are more than 500 excess deaths a month in our NHS, but they are suddenly sparked into action over concerns about public safety when strikes occur. If they were genuine in their concerns they would give those workers a proper pay award, but instead their real determination is to strip away their rights.

Patients are not dying because nurses are striking. As the RCN says so eloquently:

“Nurses are striking because patients are dying.”

Under the Trade Union and Labour Relations (Consolidation) Act 1992, it is already unlawful to take industrial action in the knowledge or belief that human life could be endangered or “serious bodily injury” caused as a consequence. In short, life and limb cover is always maintained. I know that the Conservatives are itching to sack nurses, but the RCN handbook sets out in great detail how those nurses will provide “life and limb” cover—the very task that they have undertaken on our behalf before and during covid and will continue to undertake for as long as they have the energy to do so.

The reality is that if this Bill is passed, public services will get even worse. It has long been established that the right to withdraw one’s labour is a fundamental liberty, and it is trade unions who won us the basic rights of annual leave, sick pay, the two-day weekend, the eight-hour day, health and safety protections at work and much more. We need strong trade unions, not only as a right in themselves but to protect the rights we already have and to fight for more. By attacking the right to strike, and by extension the trade union movement, the Government put all this at risk and there will be even more disruption.

The only Government internal impact assessment found that imposing minimum service levels could lead to an increased frequency of strikes. The Transport Secretary admits the new laws will not work and the Education Secretary does not want them. Inside Government there is a recognition that public services will be the likely casualty of an ideologically motivated attack on the right to strike. Much has been said by Conservative Members and by the Secretary of State in particular about their sudden love affair with the International Labour Organisation, praying in aid the ILO’s approach to minimum service levels, but what the Government conveniently omit to mention is that convention 87 of the ILO sets out the criteria that this Government want to ignore. It stresses that the introduction of a negotiated minimum service as a possible alternative to the total prohibition of strikes should be contemplated only when the interruption of services would endanger life or the personal safety of the whole or part of the population.

The Government have also omitted to say that in other jurisdictions and economies there is much greater collective bargaining by trade unions for better terms and conditions for their members. The comparison with the UK is ludicrous. The ILO says that a minimum service should be a genuine and exclusively minimum service—which this Bill does not prescribe—and that unions should be able to participate in defining such a service. As the right hon. Member for New Forest East (Sir Julian Lewis) has said, disputes should be resolved not by the Government but by a joint or independent body that has the confidence of the parties. There are examples, not only across Europe but across the world, where such practices obtain, but the Bill is as silent about them as it is about any sensible and proper safeguards, leaving the law by diktat entirely to the wide Henry VIII powers vested in the Secretary of State.

It therefore makes sense—as envisaged by amendments 83 and 84, which I commend to the House—to engage the CBI and the TUC in these matters and to pursue resolution disputes through ACAS if it comes to that. In any event, the High Court certification set out in new clause 1 is necessary to ensure that this country meets its full obligations, in respect not only of convention 87 of the ILO but of the obligations set out in the European social charter of 1961 and under the UK-EU trade and co-operation agreement. We are parties to all these treaties and we need to make sure that we abide by them. New clause 1 addresses that. As it stands, we have not seen any risk assessment testing those obligations. Professor Keith Ewing told us in the Business, Energy and Industrial Strategy Committee that

“we cannot remove the EU social rights inheritance, because of article 387, where the removal is motivated by trade and investment, which seems to be the motivation here.”

He went on to say:

“Brexit does not mean release from international obligations or even from our continuing obligation to comply with European law.”

In 13 years of Tory rule, numerous pieces of anti-trade union legislation have been passed. The Strikes (Minimum Service Levels) Bill is only the latest attempt to neuter the power of workers, and there is no reason to assume that it will stop there. This dreadful, ideologically insane Government are thankfully on their last legs, but in the time they have left, they are clearly determined to continue their attack on the rights of workers and the services they work in. It will be another sad day for this country if the Bill passes its Third Reading tonight, but the Government should be in no doubt that, in doing this, they will be hammering another nail into their own coffin.

[Several hon. Members rose—]

--- Later in debate ---

[Laura Farris]

The hon. and learned Lady is right that negotiation is required. I was shocked to find that, in France, the sanction for a person who refuses a requisitioning request is via the criminal courts. I did not know that, and I did not know it is the case in Canada, too. It may be that I have misread the legislation, and that it is a “life and limb” exemption—I am not familiar enough with French legislation.

[Andy McDonald]

I will help the hon. Lady. Is she aware that the ILO is saying that unions should participate in defining minimum service levels, and that any disputes should be dealt with not by a Government but by an independent body? Does she agree with that? It is not in the Bill.

[Laura Farris]

I agree with the hon. Gentleman, and it is a good point. Even though the ILO has set out, in black and white, the services in which it says the right to strike might lawfully be restricted, and even though its list includes every single service that the Government have included in the Bill—in fact, the ILO goes much further—the Opposition, for some reason, seem to wish to take out every one of those essential services. They would say no to a minimum service level when the schools are on strike, no to any key worker being able to put their kids in school and no to any vulnerable child being able to be looked after. They would say no to the trains running at all during the rush hour. The Opposition need to be clear with the British people about why their amendments deviate so far from international norms. It seems to be the case that, in their view, the country should grind to a standstill.

--- Later in debate ---

[Chris Stephens]

I will take that argument on, because I am coming on to amendment 39. Listening to our Conservative friends on the Government side of the Chamber, anyone would think that this Bill was about setting a minimum service level across the public sector. If only that was the case. That is not what it does. It sets a minimum service level only in the event of industrial action—on strike days, not non-strike days. The Minister has not yet told us what amendments he will accept—maybe that is the theatre he will provide at the end—but amendment 39 makes clear the concerns that many of us in this House have that minimum service levels should not be higher on a strike day than on a normal working day.

The reason for that, as anyone who has a trade union background can tell us, is that when employers come to trade unions to discuss the “life and limb” cover and ensure that all those arrangements are made, some employers then ask for more people on a strike day than they do on a non-strike day. That is just a fact—that is what employers try to do. Amendment 39 would address the point that a minimum level of service on a strike day should not be higher than it is on any other normal day.

Of course, that raises the question of the Government trying to get away with marking their own homework on the ILO conventions. They have determined the Bill complies with the ILO conventions—never mind what anybody else says—because they say so. The Government have marked their own homework, and they say we should be very grateful that they have done so; they are ILO-compliant, so we should just be quiet and accept it. Well, I am sorry, but I like to speak truth to power and to check things—always checking what is in the paperwork and in writing was part of my trade union training. Amendment 39 would ensure that there is a very real sense of the Government’s homework being marked, and that the Bill is compliant with ILO conventions and with the EHCR, which my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry) mentioned.

I will conclude my remarks on the issue of devolution, Madam Deputy Speaker. It is not just about Wales and Scotland, or indeed the Greater London Assembly. Every local authority in England that has a service of the sort mentioned in the Bill could have a minimum service level imposed on it by the Secretary of State for Business, Energy and Industrial Strategy. I do not know about you, Madam Deputy Speaker, but it worries me to see the Secretary of State tweeting and referring to the weekend as unofficial strike days, as he did a few months ago. They were rest days, not unofficial strike days. I am concerned that we have a Secretary of State who does not seem to know what happens in a trade union working environment but is trying to set minimum levels of service on a strike day, not just in England, but in Wales and Scotland, affecting their devolved competencies.

If there was a strike in Glasgow by McGill’s Buses, it would be the Secretary of State who determined what the minimum bus level was for that weekend. That is really quite incredible—[Interruption.] The Minister can chunter all he likes, but that is what the Bill says. Agreeing to new clause 4 would sort out that issue, so perhaps the Minister could tell us which amendments he will accept.

[Andy McDonald]

I hear the Minister chuntering from a sedentary position about the Bill not covering buses, but that is not what it says. It covers “transport services” and its jurisdiction is UK-wide.

[Chris Stephens]

The hon. Gentleman makes an excellent point. That is the problem, is it not? The Bill says “transport services”, and that could be anything. It could be buses, taxis or the horse and cart for all we know, because the Bill is so open-ended.

Madam Deputy Speaker, I hope that the Government will look at the amendments that my hon. Friends and I have tabled, which are an attempt to improve the Bill. Our main reason for opposing the Bill is that the Government will be impinging on devolution and on human rights, and they do not know what happens in a trade union-organised environment. That is why the Bill should not get a Third Reading.

--- Later in debate ---

[Kevin Hollinrake]

I thank hon. Members on both sides of the Committee for their contributions.

Consistent with the contributions that have been made, this Government firmly believe that the ability to strike is an important element of industrial relations in the UK—it is rightly protected by law—and we understand that an element of disruption is likely with any strike. However, we need to maintain a reasonable balance between the ability of workers to strike and the rights of the public, who work hard and expect the essential services that they pay for to be there when they need them. We need to be able to have confidence that, when strikes occur, people’s lives and livelihoods are not put at undue risk.

[Andy McDonald]

Will the Minister give way?

[Kevin Hollinrake]

I will make a little progress and then bring the hon. Member in, although I might cover his point in my next comments.

To respond to some of the points made in the debate, particularly on scrutiny and process, clearly the consultations offer plenty of opportunities for hon. Members, their constituents, employers and unions to play a role in shaping minimum service levels before regulations are made, and both Houses will be able to provide additional scrutiny.

[Andy McDonald]

A lot of the remarks made this evening have focused on safety, but section 44 of the Employment Rights Act 1996 provides workers with the means to contest the adequacy of safety arrangements and withdraw their labour—they can walk away. Given that, can the Minister explain to the Committee which statute would take precedence: the Employment Rights Act 1996 or this Bill?

[Kevin Hollinrake]

I think it is quite clear. I was interested in the comments of my hon. Friend the Member for Newbury (Laura Farris) when she talked about the International Labour Organisation and its specifying of minimum service levels. It has stated that they do apply to essential services but could also apply to other services, such as education and railway workers. We think the legislation is consistent with international law and the International Labour Organisation.

[Andy McDonald]

rose—

[Kevin Hollinrake]

I will give way one last time; then I want to make some progress.

[Andy McDonald]

I am sorry, Minister, but that really does not address the point I made. There is an inalienable right under the Employment Rights Act 1996 for people to withdraw their labour. It is nothing to do with the International Labour Organisation. We are going to have two UK statutes that are in direct conflict with each other; which one will prevail—that Act or this legislation?

[Kevin Hollinrake]

I am very happy to write to the hon. Gentleman to confirm that point, but we absolutely believe that this legislation is lawful and compatible with human rights legislation and international obligations.

My right hon. Friend the Member for North East Somerset (Mr Rees-Mogg) made a typically insightful and thoughtful speech that no doubt provoked thinking on both sides of the Committee. He talked about the Henry VIII powers in the legislation, but I reassure him that they are restricted only to genuinely consequential amendments. I do not believe they are as wide ranging as he set out.

My hon. Friend the Member for Crewe and Nantwich (Dr Mullan) was absolutely right—this was also reflected in the contribution of my hon. Friend the Member for Southend West (Anna Firth)—that we are not anti-union, but we are pro-protecting the public.