Draft Code of Practice on Reasonable Steps to be taken by a Trade Union (Minimum Service Levels)

Debate between David Linden and Kevin Hollinrake

Monday 27th November 2023 General Committees

[The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)]

I beg to move,

That the Committee has considered the draft Code of Practice on Reasonable Steps to be taken by a Trade Union (Minimum Service Levels).

It is a pleasure to serve under your chairmanship, Ms Nokes. It is good to see such a well-attended Delegated Legislation Committee.

The Government firmly believe that the ability to strike is an important part of industrial relations in the UK, and it is rightly protected by law. We understand that an element of disruption is inherent to any strike. However, strike action across our public services over the past year has highlighted the disproportionate impact that strikes can have on the public.

Taking that into account, earlier this year Parliament passed the Strikes (Minimum Service Levels) Act 2023, which seeks to balance the ability of workers to strike with the rights and freedoms of the public to go about their daily lives, including getting to work and accessing key services.

[David Linden (Glasgow East) (SNP)]

The Minister makes the point that he understands that people have the right to strike, but he says that strikes should not disrupt others. How does he reconcile that view with the fact that under Boris Johnson’s Government, scores of Ministers resigned at once and the Government almost ground to a halt? How does he reconcile that with what he proposes to this Committee?

[Kevin Hollinrake]

I do apologise, but I did not quite get the hon. Member’s point. Will he repeat it so that I can understand it?

[David Linden]

Does the Minister not understand that in the dying days of Boris Johnson’s Government, scores of Ministers withdrew their labour from the Government? Why is it one rule for the Tories and one rule for the workers?

[Kevin Hollinrake]

I cannot speak on behalf of my colleagues, but I kept doing my daily job, as I am sure the hon. Member did.

--- Later in debate ---

[Kevin Hollinrake]

As I say, I do not think that it is a complicated situation. As I set out to the hon. Member for York Central, the employer has a responsibility to contact their employees and union members, but I am happy to give more detail on that if the hon. Member for Luton South wants further clarification.

[David Linden]

Can I ask the Minister for clarification? As I understand it, the Minister said in response to my hon. Friend the Member for Glasgow South West that there will not be a need for the Government to introduce a code of practice or guidance for employers. But in response to the hon. Member for York Central, the Minister has just said that it will be provided. Which of the two is right?

[Kevin Hollinrake]

I do not think the hon. Gentleman was listening very carefully. I said that there was no need for a statutory code of practice for employers, but there will be guidance. We are debating the statutory code of practice for this legislation.

During the final stages of the parliamentary passage of the Strikes (Minimum Service Levels) Bill, the Government committed to introduce a statutory code of practice to provide more detail on the reasonable steps that a trade union should take. In accordance with section 204 of the Trade Union and Labour Relations (Consolidation) Act 1992, the Secretary of State consulted ACAS and, on 25 August, published a draft code of practice, enabling trade unions, employers and other interested parties to contribute their views.

Following careful consideration of those views, a number of changes were made to the draft code, and the updated draft code of practice was laid before Parliament on 13 November. It sets out four reasonable steps that a trade union should take to meet the legal requirements under section 234E of the 1992 Act. Although the code does not impose legal obligations, it is admissible in evidence and is taken into account where a court or tribunal considers it relevant.

--- Later in debate ---

[Kevin Hollinrake]

I am sorry, but I will not have time to conclude the debate if I take interventions, which use up a lot of time during speeches. It is right that I conclude the debate.

If the hon. Member for Glasgow South West checks Hansard, he will see what I said in response to his intervention, which was that there is no need for a statutory code of practice for employers, but guidance has been issued; it was published on 16 November. That is our view. I advise him to check Hansard. On his point about minimum service levels effectively requiring an increase in service levels, if he checks the guidance that we have put together for rail, it clearly stipulates 40% of the normal timetable. We are not expecting an increased level of service; we are just expecting a service.

To help to secure minimum service levels, it is vital that trade unionists take reasonable steps to ensure that their members who are identified in a work notice comply with that notice and do not take strike action during the periods in which it requires them to work. It will help to provide a greater level of assurance that trade union members who are required to work as part of a work notice will be encouraged to do so by the trade union, and therefore increase the likelihood of minimum service levels being achieved.

Ultimately, the code will help all parties to achieve minimum service levels where they are applied, and moderate the disproportionate impact that strike action can have. I commend the code to the Committee.

[David Linden]

On a point of order, Ms Nokes. I beg to move, That the Committee sit in private.

Strikes (Minimum Service Levels) Bill

Debate between David Linden and Kevin Hollinrake

Consideration of Lords amendments
Monday 22nd May 2023 Commons Chamber

[Kevin Hollinrake]

All jurisdictions differ, and the way that minimum service levels are set differ. Some are set by the Government; we have done that, through consultation with stakeholders, and we will decide what the right level of minimum service will be. All jurisdictions differ somewhat, but the key point is that in many jurisdictions there are restrictions placed on the ability to strike.

[David Linden (Glasgow East) (SNP)]

On the issue of stakeholders and jurisdictions, may I turn the Minister’s attention to the devolved Administrations? The SNP Scottish Government have been crystal clear in their opposition to this tawdry piece of legislation. In the interests of the UK Government’s respect agenda when it comes to the devolved jurisdictions, why are they ploughing ahead with this Bill that drives a coach and horses through the fundamental human right to withdraw one’s labour?

[Kevin Hollinrake]

I will deal with that question in a second; it is covered by one of the Lords amendments that I will speak to, so I will address it when I come to the element of my speech relating to the devolved Administrations.

The Bill returns to us with a number of amendments made in the other place. I would like to be clear that, with the exception of our own Lords amendment 3, the Government consider the majority of the changes to be designed to make the Bill either less effective or entirely ineffective in achieving its aims. The Government will therefore be disagreeing with those amendments.

I will speak first to Lords amendment 3, which was tabled by my colleague Lord Callanan in the other place and provides clarity in respect of the matters to which an employer must not have regard in respect of trade union membership and activities when deciding whether to identify a person in a work notice. The amendment addresses a point raised by the Joint Committee on Human Rights in its report on the Bill.

Strikes (Minimum Service Levels) Bill

Debate between David Linden and Kevin Hollinrake

Committee stage
Monday 30th January 2023 Commons Chamber

[Kevin Hollinrake]

I will make some progress, if I can—

[David Linden]

Will the Minister give way?

[Kevin Hollinrake]

No, I will not.

On the other points, the impact assessment will be available shortly. It is fair to say that we see the Bill as having a net benefit to the economy. Individual impact assessments will support secondary legislation.

To respond to the right hon. Member for Ashton-under-Lyne (Angela Rayner), we do not believe that the Bill reduces requirements for employers to adhere to health and safety and equality legislation. It is compatible with convention rights and international obligations—

[Kevin Hollinrake]

No, I am making some progress.

The Bill does not target union members, as clearly stated in proposed new section 234C(6) on page 4 of the Bill. In terms of devolution, we believe that minimum service levels are necessary across Great Britain, but we are of course keen to engage with the devolved Governments through consultation.

[David Linden]

rose—

[Kevin Hollinrake]

I give way one last time.

[David Linden]

I am grateful to the Minister for giving way. The Welsh Government and the Scottish Government have already made it crystal clear that they oppose this legislation; why is the Minister seeking to ram it though at the Dispatch Box in the House of Commons and completely ride roughshod over the devolution settlement?

[Kevin Hollinrake]

This legislation is subject to parliamentary scrutiny. This is the Parliament of the United Kingdom: it has every right to legislate. We believe this is needed across Great Britain, and industrial relations are clearly reserved to this Parliament.

Strikes (Minimum Service Levels) Bill

Debate between David Linden and Kevin Hollinrake

2nd reading
Monday 16th January 2023 Commons Chamber

[Kevin Hollinrake]

In response to questions regarding the consistency of this legislation with the UK’s—

[David Linden]

I beg to move, That the House sit in private.

Question put forthwith (Standing Order No. 163).

The House proceeded to a Division.

Covid-19 Economic Support Package

Debate between David Linden and Kevin Hollinrake

Wednesday 14th October 2020 Commons Chamber

[David Linden]

I agree with my hon. Friend, but I have to say that I did give the UK Government a degree of praise at the beginning of the pandemic, because it did seem that they were moving in a way that perhaps was not part of traditional Tory ideology, with a lot more state intervention and a lot more Government support. I think there were quite a few of us in this House who, while we would disagree enormously on the politics, welcomed the fact that the Chancellor was willing to be innovative and try new things.

One thing I would say is that nobody prepares us for a global pandemic. Politicians and people in this House have seen recessions and people have seen wars, but nobody prepares us for a pandemic. Yes, there has to be a degree of flexibility on the part of all of us in this House, but the thing I am most concerned about is that the British Government seem to have moved away from those creative, innovative solutions they had at the beginning of the year. We now find ourselves in the midst of a second wave, and all of a sudden that dynamism and creativity the Chancellor has been credited with seems to have gone away, because of the pressure that comes from people on the 1922 committee. I do not think that people on the whole are going to forgive that.

[Kevin Hollinrake]

Does the hon. Member agree with the Opposition that there should be multiple circuit breakers, and if so, is that what the policy will be in Scotland?

[David Linden]

I am not sure that the official Opposition are proposing multiple circuit breaks, to be fair to them, but it is not my job to defend the policy of the Labour party. However, what I will defend is the approach of the SNP Scottish Government, who are trying to do this in a balanced way, but we would like to see a lot more financial flexibility to do that. It would help if the UK Government gave us those financial powers. That is what I would say to the hon. Gentleman on that.

I want to come on to that very point, and highlight the work that the Scottish Government have done in supporting business during the second wave of the pandemic. The Scottish Government’s total package for businesses is over £2.3 billion. That is more than the consequentials received from the UK Government. As I mentioned to the hon. Member for Totnes (Anthony Mangnall), the Scottish Government are making an additional £40 million available to support businesses that will be affected by the new measures, and will work with affected sectors in the coming days. I am in no doubt of that. My city of Glasgow is one of those that have been under local lockdown restrictions, and the restaurants and bars in my constituency have had to shut down, but we have recognised when we have asked them to shut down, which is a way of trying to reduce the spread of the virus, that support must be coming.

The Scottish Government will continue to discuss with businesses how the support package we have offered can mitigate some or all of the employer’s contribution to the UK job retention scheme. We have put in place a £230 million “restart the economy” capital stimulus package to help stimulate the economy following the pandemic. We have announced details of a £38 million package of support for innovative early stage businesses. We have committed £2.2 million of funding to the Music Venue Trust, which will provide stability to grassroots music venues over the coming months.

What all this should highlight is that the UK Government’s financial plans have been and continue to be inadequate—excluding the self-employed, freelancers and artists; prematurely ending the furlough scheme; and refusing to make permanent the £20 increase in universal credit. Where we have had the power, the Scottish Government have spent £6.5 billion on tackling covid—above the Barnett consequentials—and they are doing all they can and all within their powers to support businesses across Scotland.

That is the issue at hand. There is only so much that the Scottish Government can do when the vast majority of Scotland’s tax and spending decisions are taken here in Westminster. The fact is that the Government cancelling the UK Budget simply demonstrates that Scotland remains an afterthought for the Tories. I would be more than happy to give way to the Chancellor if he can stand up and give some sort of clarity to Scotland’s Cabinet Secretary for Finance about what budget we are supposed to set when the Government have just gone ahead in this way.

Westferry Printworks Development

Debate between David Linden and Kevin Hollinrake

Wednesday 24th June 2020 Commons Chamber

[David Linden (Glasgow East) (SNP)]

Thank you, Madam Deputy Speaker. I do not intend to speak for more than about five or six minutes, if that is of help to the House.

The seriousness of these allegations merits a high-profile and far-reaching investigation, so I thank the Opposition for tabling this motion on the Westferry scandal. In contrast, the Government appear to just hope that it will simply disappear. I am still not entirely clear from what the Secretary of State said whether the Government will oppose the motion in the Division Lobby tonight. The motion before us certainly has the full support of the SNP, and we will vote in favour of it if the Government are daft enough to push it to a Division, which I must suggest to them would not look good.

I must confess that I do not like the all-too-frequent fixture in our politics of calling for ministerial resignations left, right and centre. However, in this case the conduct of the Secretary of State is seriously called into question when he himself has acknowledged that this decision was made unlawfully. In any other circumstance, this would already be difficult territory for the Secretary of State to try to wriggle off the hook, but the fact that this £1 billion housing development is linked to a Tory donor means it stinks—and it stinks, frankly, to high heavens.

Put simply, this is a classic Tory sleaze scandal that involves money and the Conservatives scratching one another’s backs. For a minute, let us put to one side the fact that the development’s owner is Richard Desmond, a multibillionaire and former owner of the Daily Express, and look solely at the fact that the development was originally denied by the Planning Inspectorate for failing to deliver enough affordable housing. That should not be overlooked, because the Government’s record on building affordable housing, let alone social housing, is absolutely woeful. We respect the fact that the impartial Planning Inspectorate rejected the application on reasonable grounds. Most of us can follow the logic on that.

Here is the nub of the matter, and why the Secretary of State’s position is so weak. The decision of the impartial Planning Inspectorate was overruled by the Secretary of State on 14 January, less than 24 hours before the introduction of a community infrastructure levy that would have cost the developer £40 million. Soon after the decision to approve the project was made, Richard Desmond makes a new £12,000 donation to the Conservative party. In the eyes of the public, the Secretary of State steps in and saves the developer £40 million in the community infrastructure levy, and then miraculously, the developer later makes a donation to the Conservative party. Surely no self-respecting Member of the House, not even the keenest December-intake Member, cannot see that that absolutely stinks.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

Will the hon. Gentleman give way?

[David Linden]

I am very happy to, if the hon. Gentleman wants to defend this one.

[Kevin Hollinrake]

I do not think any self-respecting Member of this House should twist an argument like that. It did not save the developer £40 million. That money would have been taken directly off the allocation for affordable homes. Has the hon. Gentleman read the document? Has he read the inspector’s report? That is exactly what it says.

[David Linden]

I have, but part of the issue is that so few documents are in circulation. That is the whole point of the motion before the House and that is what we are calling for. If the hon. Gentleman wants people to read documents, he will be in the Lobby with us to make sure that those documents are published.

To make matters worse, we have also learned that Mr Desmond, who is, let us not forget, a property developer, and the Secretary of State, who has a quasi-judicial role in the planning process, were sat together at a Tory fundraiser in November. This is the point that I was trying to intervene on the Secretary of State about earlier, because he glossed over that.

“What I did was I showed him the video”.

They are not my words but the words of Richard Desmond, who says that the Secretary of State watched a promotional video for the development of Westferry for three or four minutes and:

“It’s quite long, so he got the gist.”

In the course of the Secretary of State’s remarks, hon. Members were trying to intervene to ask whether he had watched the video, but I do not think that he was clear. I am happy to give way to him now if he wants to come to the Dispatch Box and put it on record that he did watch the video.