Draft Strikes (Minimum Service Levels: Border Security) Regulations 2023

Gareth Johnson Excerpts

Monday 27th November 2023 General Committees

[Alison Thewliss (Glasgow Central) (SNP)]

It is a pleasure to see you in the Chair, Ms Elliott.

The SNP will likewise oppose the regulations. We are very concerned about their impact on people’s fundamental right to withdraw their labour. Strikes, by their very nature, are supposed to be disruptive. If the Government are saying that Border Force should be no less effective than if a strike were not taking place, they would undermine the very point of a strike. The very point is that people should know that staff have withdrawn their labour, because they are concerned about their terms and conditions or the way their employer—in this case, the Government—are treating them.

[Gareth Johnson (Dartford) (Con)]

The hon. Lady is right that strikes are designed to be disruptive—that is their purpose—but they are not designed to be dangerous to the public. Strikes by Border Force are dangerous to the UK public, and that is the reason behind the legislation.

[Alison Thewliss]

The point the hon. Gentleman makes would be more correct if the Government were not determined to keep ports and airports open during strike action. That is a choice they have made. They want ports and airports to stay open, therefore they want a minimum service level. If the Government had said, “If you withdraw your labour, we will only be able to open the airports to an extent”, people would notice that. We notice when French air traffic controllers go on strike because it has that effect. It causes disruption and people realise there is an issue. If we have a service that is essentially no different when a strike takes place, the very nature of strike action is undermined.

The TUC has described the regulations as

“a draconian piece of legislation that attacks individuals’ fundamental rights while doing nothing to improve industrial ‘relations’”.

I remind the Minister that strikes have been more common under this Government because industrial relations have not been in a great place. That is why they are cracking down on people who wish to withdraw their labour and go on strike. It is a punishment for those people for having the temerity to exercise their fundamental rights.

I would also be very interested to know how the regulations will affect the Passport Office. I have a Passport Office in my constituency. I am not clear from the regulations how many people who work in the Passport Office in Glasgow will be affected because they are regarded as “mission critical” for national security. That is not defined in the regulations. The Government could say that everyone who works in the Passport Office is subject to the legislation, or perhaps it would be just a few people working on very sensitive passports. They have not defined that at all, and that is worrying for those who work in the Passport Office, because they do not know what their rights will be.

The issue is not just about security, as the hon. Member for Dartford suggests. The Government have talked about the free flow of goods. That is not national security: the free flow of goods is about commerce. Which is it? The Minister is disingenuous if he says it is only about national security.

On the consultation, I was surprised that we have not had a list of respondents. The consultation was open for just over a month only, from 11 August to 21 September, with 69 respondents, including employees of Border Force, industry partners and members of the public. I would be interested to know the exact mix. A further nine written responses were received from organisations such as trade unions, port operators and airlines. Again, it would be interesting to hear more about those responses. Is there a reason why those were not published ahead of the proceedings today? It would be interesting to learn about the balance of the responses. Were they from people saying they wanted their right to strike, or from people saying that nobody should ever be allowed to strike? We cannot tell from what has been provided to us.

The impact assessment contains a list of risks associated with the policy. It will have a disproportionate impact on some smaller ports and airports—mostly found in Scotland. Page 29 states:

“As Border Force staff numbers based at some smaller ports and airports are very low, Option 2”—

the Government’s preferred option—

“could mean that staff based at these locations are more likely to receive work notices, thus they are less likely to be able to undertake strike action, when compared with other staff.”

That seems to me to be discrimination: some people are not able to exercise their rights because they are seen as more critical in their roles than somebody at a much larger facility, perhaps. Take a small airport in Scotland compared with Heathrow. That is a huge difference in the number of people able to effectively exercise their right to strike.

The impact assessment goes on to say:

“Similarly, the requirement to maintain particular Border Force security functions during strike action could mean that officers trained in critical functions are less likely to be able to undertake strike action than those who have not taken the training. This IA has not assessed the impact…on staff willingness to be located at smaller Border Force outposts or to undergo the training necessary to carry out critical border security functions.”

Again, this becomes an issue of recruitment and retention in those specialist roles and those smaller ports right across these islands. What assessment has the Minister made of the impact that might have on recruitment and retention in these roles and those locations? If there are difficulties in recruiting at those locations, that is surely much more important to national security than the sledgehammer to crack a nut that the Government are bringing forward this evening.

My hon. and learned Friend the Member for Edinburgh South West referenced reports from the Joint Committee on Human Rights. The Government like to bandy about that other European countries do similar things, but they are not comparing like with like. What is being removed and undermined in this legislation is the right to strike, which is protected in some countries under their legislation. We are starting from a very different point and on a very different basis. This country does not have a formalised constitution. I argue very much that in a country that wishes to be independent and to have a formalised constitution these rights should be enshrined and protected and that the right to strike should not be undermined by a Government without a mandate to do so.