Strikes (Minimum Service Levels) Bill

John McDonnell Excerpts

2nd reading
Monday 16th January 2023 Commons Chamber

[Barry Gardiner (Brent North) (Lab)]

I refer the House to my entry in the Register of Members’ Financial Interests as a proud union member.

The Bill is an affront to Parliament. It will not protect the public, it will worsen industrial relations and it will undermine the unity of the United Kingdom. It should be voted down tonight. There has been much heated argument about the provisions in the Bill. On all the moral and pragmatic arguments, I stand firmly on the side of working people and their right to withdraw their labour, and against what the Government seek to do in the Bill. However, I do not consider that those moral and pragmatic arguments are likely to change the minds—or more importantly the votes—of Conservative Members. I therefore want to put forward an argument against the Bill that I believe they both can and should accept: it is damaging to our constitution and to the Union.

The reason the Bill is so short is that it delegates to the Secretary of State the power to set out all the relevant law in regulations through statutory instruments—regulations which receive only the most minimal scrutiny in this place and cannot be amended. So it is the Secretary of State, not Parliament, who will make regulations to determine the levels of service in relation to strikes, who gets to define the nature of the services to be provided, the number of people who are to provide them, the time at which they are to be provided and the manner in which they are to be provided during a strike. Extraordinarily, the Bill also proposes that the Secretary of State should have the power by regulation to

“amend, repeal or revoke provision made by or under primary legislation”

in this House. So statutes passed by Parliament can be amended by regulations drafted by the Minister without full parliamentary scrutiny. In a recent report by a Committee of the House of Lords, “Democracy Denied?”, their lordships state:

“A substantial groundswell of concern is developing about the shift in power from Parliament to ministers.”

This Bill is perhaps the most egregious example yet of a measure brought forward by an increasingly autocratic Executive to strip Parliament of its role in determining what, for many of us, is a critical area of employment and human rights.

It gets worse. The primary legislation that the Secretary of State can amend or repeal is defined to include an Act of the Senedd or the Scottish Parliament. That should set alarm bells ringing for all of us, nationalists and Unionists alike. What is being proposed is that the Secretary of State in Westminster should have the power by regulation to override devolved legislation passed by the Scottish Parliament and the Senedd—and to do so with minimal scrutiny in this House. If the Executive had intended to provoke constitutional outrage and call into question the very basis of the devolutionary settlements, they could not have designed a piece of legislation better guaranteed to do so.

That the Secretary of State in Whitehall should claim the power to legislate by regulation to interfere in devolved areas of government and to impose restrictions in different parts of this Union on the right to strike in transport, education, health and other public services in Scotland and Wales is more than unwarranted. It is more than inappropriate. It is a deliberate provocation and offence.

[John McDonnell (Hayes and Harlington) (Lab)]

Would my hon. Friend like to comment on why the Government have refused even to agree to the super-affirmative procedure?

[Barry Gardiner]

That is quite simply because they are introducing a party political measure that is designed to provoke this House.

I call on all Conservative Members, if they care about the Union at all, to vote against this wrecking ball of a Bill, which will only provide succour to those voices seeking to destroy our constitutional settlement and our United Kingdom. Under the Bill, the employer has the unilateral right to identify in a work notice the individual workers required to operate the MSL. A worker who refuses to comply after having been requisitioned in this way will lose unfair dismissal protection.

The Government are thus authorising employers to do what not even a court in this country can do. Under the Trade Union and Labour Relations (Consolidation) Act 1992:

“No court shall…compel an employee to do any work or attend at any place for the doing of any work.”

However, once the union is notified of the identity of the workers to be requisitioned, the Bill requires the union to take “reasonable steps” to ensure that all its members identified in the work notice comply with it. It is ironic that, under the Bill, the same trade union may be required to discipline or expel—

--- Later in debate ---

[John McDonnell (Hayes and Harlington) (Lab)]

I refer to my entry in the Register of Members’ Financial Interests. I would be worried if I did not—that would show that my constituency Labour party fundraising strategy had failed.

It is important that the Conservatives know this. We know what the motivation for the Bill is. Do not insult the intelligence of this House or the British people by saying that it has anything whatsoever to do with emergency measures. We have all negotiated those over the years—they have been in existence for decades, since the beginning of the trade union movement.

The motivations are these. First, the Bill is an attempt to try to threaten those in negotiations at the moment. Well, that has really worked: today, nine out of 10 teachers voted for industrial action. The second was the usual distraction. In the past, when Tory Governments were failing, they would usually create a war and send a gunboat. Mrs Thatcher then decided that the real enemy was within. We have heard that same language today of trade union “barons” holding the country to ransom—all of that. That is distraction. The real motivation is the one that they have had since the 1980s, which is to shift the balance of power from labour to capital and from workers to employers. That strategy has worked. It has worked so well that it has impoverished working-class people, and that is why they are coming out on strike. They cannot survive on the wages that they have got.

Labour Members will oppose the Bill in this House. There will be opposition in the other place as well. Labour will scrap the Bill as soon as we get into power. But I warn the Conservatives of this. The real opposition will not come in here; it will be out there. It will be from working people—trade unionists. When the first trade unionist is sacked and the first trade union is fined, the Government will foul the industrial relations of the country for a generation, and the people will be out there. I will be out there with them.