Strikes (Minimum Service Levels) Bill

Lord Greenhalgh Excerpts

2nd reading
Tuesday 21st February 2023 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, first, I declare that I am a vice-president of the Local Government Association, along with probably half the Chamber. I will reflect on that magnificently crafted maiden speech from my noble friend Lady O’Neill of Bexley—I do not think that it could have been anything else, could it? For me, she embodies the three Cs, two of which I share with her and one of which I do not. The first is Catholicism: we were both brought up in Roman Catholic households; I had only a little bit of Irish, she had a lot of Irish. That gives you a sense of public service and duty; she really exemplifies that, and it is a great C to embody.

The second is genuine conservatism. We are both children of the Thatcher years and share the belief in freedom within the rule of law, the belief in the hand up rather than the handout, and the belief in working hard and playing by the rules. Our whole lives have been shaped by the great lady—mine was as much as my noble friend’s, even though I am a man. The one C I do not share with her is the third: control. If she—Teresa—remembers, I was a council leader before her. It started with Ian Clement, but the other four victories were hers—I managed only two. She managed four successive victories; that makes five in total. She is right that we ignored Bexley—we thought it was somewhere out in Kent—but, little by little, she has established herself as a titan in local government. She did not just control Bexley, she also controlled Bromley: I remember asking her, “What about Bromley?”, and she said, “He does what I tell him”. She will be a hugely great addition to this House.

I feel that this is a tremendously uncontroversial Bill. As someone who is the son of a surgeon and who has been the first deputy mayor for policing and crime of this great capital city and a council leader, I believe that the Bill is not about pay and conditions but about service. It is about public service involving critical things where, if you do not turn up to work, people die. My father is a surgeon. He was nominated as the presidential surgeon for George Bush Sr. They flew a helicopter and landed on Charing Cross Hospital to practise. In the event of the President being shot, who was going to get him off the table? It would have been my father. What if he turned up and said, “I’m going to go on strike today” or, when someone aged 75 with a leaking aneurysm has two hours to live, the ambulance driver decides to go on strike or says, “It’s the middle of the night—I don’t think I’m going to go to work today because I’ve got to get up in the morning”? As a doctor, you take the Hippocratic oath to keep people alive, and if you are a police officer, you do not have the right to strike—the police have not had one since 1919; you take an oath to serve the public, maintain order and stop criminals.

Service is really important. There are also the fire and rescue services—I am a former Fire Minister. We do not want people to burn in buildings; we do not want Grenfell to happen again. We need firefighters who, in the event of such a tragedy, step up and turn up to work. In all conscience, you cannot have a situation where these critical services are able to strike and simply not turn up to work.

I am a loyal Back-Bencher: I support the Government 100% on absolutely everything. I would really like the Government and my noble friend the Minister not to stop with this but to consider extending this legislation to aviation ground services. Ground services ensure that passengers and cargo are ready to safely take off and land. They are critical.

I want to thank a Cross-Bencher—no, not someone party political but a former Commissioner of Police for the Metropolis, who wanted me to mention this, as he is not speaking in this debate: the noble Lord, Lord Hogan-Howe. He asked that we include in new Section 234B(3) not police officers who hold the office of constable but police staff who create and provide nationally critical functions such as the call-handling services and forensic investigations. Imagine if you call 999 and they go on strike. These people also provide critical services, and we should extend the Bill to cover them as well.

It is fair to say that my memory of 2022 is not of a winter of discontent but of a year of discontent, with the problems around aviation in the summer, nurses going on strike, ambulance drivers going on strike, and the FBU balloting to go on strike. That has drawn the Bill, which is the appropriate response.

I will just pick up a couple of points in previous speeches. The noble Baroness, Lady O’Grady, is entirely wrong to think that we should get Ministers to sort this problem out. Ministers are not employers. In the same way as with local government, for the leader suddenly to become an employer and undermine their senior officers is entirely the wrong thing to do. You do not create parallel management structures.

I disagree with the noble Lord, Lord Allan, that we have to embody a spirit of volunteerism. These are critical services. If we do not have a minimum service level, people can die—it is a simple as that. This is entirely essential stuff.

I am not a great lawyer; in fact, I remember my time studying law as one of abject failure. Therefore, when I listen to the noble and learned Lord, Lord Judge, I strain my ears to try to pick up everything that he says. Basically, he was saying, “This is not the right way to do this; this is secondary legislation.” For me—I know there are some Latin scholars out there—it is finis justificat modo: the end justifies the means. We can achieve this good by doing it this way, which is why the Government are entirely right to do this.

I have spoken for only four of the eight minutes, so I can relax a bit because I have a lot more to say. I ask the Government and my noble friend the Minister to invoke the spirit of the Gipper, Ronald Reagan. Does my noble friend remember what Ronald Reagan did over 40 years ago when the air traffic controllers went on strike—all 11,359 of them? They ignored his presidential order to return to work so he fired the lot of them, and he made sure they could never work again as federal employees. I ask the Government to invoke the spirit of the Gipper, because he was entirely right. My message to the Government, as a loyal Back-Bencher, is to be bold and brave—no compromise: it will save lives.

Strikes (Minimum Service Levels) Bill

Lord Greenhalgh Excerpts

Committee stage
Thursday 23rd March 2023 Lords Chamber

[Lord Hogan-Howe (CB)]

Amendment 48A is tabled in my name and that of the noble Lord, Lord Greenhalgh. I am conscious that it is the last amendment, and I will be brief. I mean it; I do not intend to take too long. I know this has been a big political debate, as has been demonstrated today. My reason for this amendment is not to do with whether the Bill should be here or whether there should be a minimum standard; it is to do with who should be on the list if the Bill becomes an Act.

The reason why I became interested this is twofold. First, in the list of services that are to be included we have ambulance and fire, but the police are excluded, and clearly they are one of the three emergency services, so I was intrigued by that; it seems odd. Secondly, that has been compounded to some extent by the Home Office’s response, for which I will say thank you in a second. I do not think it appreciates the fact that the civilianisation, which is what it is termed, of the police over the past probably 20 years has been a really good thing. It has taken cops out of doing things that they do not need to do and has put people who have better skills in to do them. We have moved from a situation where probably 90% or so of the police were police officers, to a stage now where probably nationally about two-thirds are cops and one-third are “police staff”, which is the term now used for civilianisation. Those people have some incredible skills and are part of the delivery of front-line service. They are not merely, important though it is, support. They are part of the front line.

I am grateful to the noble Lord, Lord Callanan, who is no longer in his place, for referring my queries in two places to the Home Office, and I am also grateful for the response to my query from the noble Lord, Lord Sharpe, which I received yesterday. Even though I received it yesterday, I have not withdrawn my amendment from the Marshalled List as I do not think it really addressed my concerns. I raised two particular groups of police staff whom I thought were representative of the front line, but they are not the only two I could have raised. One was call handlers and the other was forensic scientists and forensic specialists, because I thought they were the easiest to sketch out quickly, but I want to touch briefly on some of the groups I could have mentioned.

The letter I received talked about call handlers only, and I was not persuaded by it for this reason. Of the Metropolitan Police, which has around 50,000 people even now, around 1,500 of them—probably nearer to 2,000—are call handlers. You could argue that that is only 4% of 50,000, but when the Home Office responded on how we can rely on the call handling still happening if police staff withdraw their labour, it assumed that police officers were going to backfill. There are problems with that assumption. First, 1,500 is quite a large number, and it is 1,500 not of the 50,000 but 1,500 front-line police officers. There are probably around 17,000 of them, so we are down to find about 10%. My concern is not just the fact that you would have to take them off the front line to backfill for call handling; you have to train them. They do not have the skills. They cannot do what I used to do, which was merely use the radio, answer the phone and make a written note. You now have to use a computer to work the radio; you have to use a computer to record all the data. There are an awful lot of things you have to be able to do before you can work in a control room. It is not as simple as going there and working. You cannot train someone in one year and then for five years, say, they do not do anything but they just turn up on a Monday and do it.

Secondly, we are talking about a very significant number of calls. Annually in England and Wales there are more than 20 million telephone calls with people in life-threatening situations or, at the other extreme, things that may not be life-threatening—but you do not know until you answer the phone which it is. It is essential that phones are answered and, frankly, it is the main way that people in this country still access police services. I know that there are more online options but, for an emergency, you are going to ring. That call has to be answered, which is why I majored on it.

In forensics, the number of these people is smaller but very significant. There are probably three levels of service provider: the people who go to the scene of the crime and collect the evidence at the scene; the people who work in the lab; and the specialists who try to interpret the results of the first two. They have substantial skills and are very well qualified, and there is now a forensic-accredited regulator. It is impossible for cops to go in and do that job. At the moment, I do not know the exact number of them—the Home Office might possibly mention this in the reply—but I suspect that 98% to 99% of people in forensics are police staff, quite properly. This means that it does not have the skills and it does not have the numbers, and so really is struggling. You could argue that, for a few days, this may not matter too much, but it matters for those low-volume serious crimes, such as murder and terrorism—I will not go through the list as noble Lords will know what is on it. It seems to me pretty important that forensics is still carried out.

The third group, which I did not mention the first time, is surveillance people. It used to be that police officers were the only people who did surveillance, but that is not the case now. Many forces in the country have police staff who are part of the surveillance teams. The argument goes that, if you do not need to arrest someone, why do you need police powers? That is quite right. If you have good observation skills, and are good at noting detail and at blending into the background, that is even more reason why you do not necessarily need to be a police officer. However, it is a big issue because the surveillance teams are employed only on serious crimes—they are not employed for minor crime; they will be used only for serious crime because it drags in so many resources. Without going into numbers, you are talking about significant numbers to get a surveillance team on the ground. It is important that that is still possible.

The final area is one that we do not talk about much in public but one to keep in mind. When you are dealing with serious crime, from terrorism to murder to other serious crimes, one technique involved is listening to telephone calls—surveillance and intercepting. If there is a threat to life, that will be within 24 hours, and probably seven hours a day. Someone has to do it, and it is now members of police staff will carry that out; there is no need to be a police officer.

I mentioned those series of examples, but the response from the Home Office talked only about call handlers. For the reasons I have set out, the response did not fully reassure me.

Noble Lords might be grateful to know that this is my final point. I mentioned in the Cross-Bench meeting my worries about the coastguard service, and the noble Lord, Lord Callanan, faithfully reported that back to the Home Office. People who do not live on the coast often forget that the only way you can co-ordinate the rescue of people at sea by people who are on land, in the air or on the water is through the coastguard. It has the facilities to communicate and map out where people are. It is no good talking to a police control room; it does not understand how things move around on the sea.

The coastguard service is vital, every day. It co-ordinates the lifeboat charity, the outsourced helicopter service, the police, ambulance service and fire service—we all know the people who get involved—and the coastguard who patrol at that point. If the coastguard is not there, I am not sure who the fallback is. It may be that there is a military option but the military has been pared back so significantly that it does not have coast-wide coverage for this reason. It may have coast-wide coverage for defence but I am not sure it has it for rescuing people and for the co-ordination of all the services involved.

I think it is worth considering these people when we talk about life-saving options and emergency services. There was a choice of two services other than the police, but I say that the coastguard service should be considered seriously. As I said, I was not reassured entirely by the Home Office’s reply.

[Lord Greenhalgh (Con)]

My Lords, I support the noble Lord, Lord Hogan-Howe. As the deputy mayor for policing and crime alongside him when he was a very distinguished commissioner, I always defer to his operational understanding. This is someone who led a very large service and understands the constraints that would occur if we saw a withdrawal of labour from these very specialist police staff who do more than just support police officers on the front line.

I draw attention to the fact that there is a real inconsistency here. As a former Fire Minister I am delighted to see that fire is included when it comes to call handling, and as the son of a surgeon I am delighted to see that the London Ambulance Service and other ambulance services are included in the Bill. Let us take London call volumes as an example, to give a sense of the order of magnitude. The Met answers 13,000 calls a day, which is nearly 5 million calls a year. The London Ambulance Service answers just over 2 million calls a year, while for the fire service it is probably nearer to 150,000 calls a year. We need parity when it comes to our three blue-light services, particularly because, as the noble Lord, Lord Hogan-Howe, put it, some of these calls are about wheels moving fast to save lives, even if they do not always know that is the case. I just do not understand not having the same approach to all three blue lights.

The noble Lord also raised forensics. The clear-up rate is about 95%—I hope that is still true—for murders in our capital city. That is largely down to a team effort that includes the use of forensics, and we have just heard about the importance of surveillance in tackling crime.

I think that even at this late stage we should consider the police service within those public services where we require a look at minimum service levels. It makes intellectual sense, and I know that at this stage we could introduce these amendments. Based on the response from the Home Office, we will see whether we bring this back on Report in the right part of the Bill—we were a bit late tabling the amendment, for various reasons.

It makes sense to have parity between the three blue lights. That is why I support the noble Lord, Lord Hogan-Howe. As deputy mayor, I always knew to defer to his operational excellence.

[Lord Fox (LD)]

My Lords, we are not particularly in the business of adding people to this Bill. If the noble Lords had attended all our sessions, they would have heard that we are not terribly appreciative of the Bill’s objectives, nor the way in which it goes about them. But I am grateful to the noble Lords for highlighting, as we pointed out earlier, the curious selection of services. We particularly questioned the decommissioning of nuclear installations, for example, where voluntary agreements already exist on a pretty comprehensive scale, so why is this in there?

I am also grateful that they have attracted a Home Office Minister here to answer the question. My question for him is: how much consultation was held with the Home Office by what was then BEIS, which drew up the Bill, about choosing who was on this list, and indeed who was not, when it came to drafting the legislation? That would be an interesting point.

I could not resist pitching in on forensic services. As the noble Lord, Lord Hogan-Howe, knows, since the change in the whole service, essentially its privatisation, a large lump of that service went into the police force—I was going to say it was “captured”, and that is not supposed to be in a pejorative sense. In the Metropolitan Police, a huge proportion of what was often delivered externally to the police force is now being delivered internally; I think it is around 80% in the case of the Met. That leaves 20% of the service coming from private sector providers and what I call specialist suppliers, which are often academics or people who have set up organisations. I suggest that it is much harder to make those two types of supplier fall within the remit of what the noble Lord envisions, given the debate we have had about involving private sector suppliers in the health service or transport. That debate has clouded how this would operate. Still, a large proportion of the forensic service is within the police ambit when it comes to management.

With those notes, the key issue is to ask the Home Office why fire and rescue is in but the police are not. What consultation process did that go through, and how did the decision come about? We would be interested to see inside the box.