House of Lords setback for Strikes Bill

The House of Lords last night (26 April) voted in support of an amendment to the Strikes (Minimum Service Levels) Bill, aimed at protecting workers from being dismissed for taking part in strike action. 

Under the government’s proposals, ministers would gain the power to set minimum service levels for fire, ambulance and rail services. Health and transport services, as well as sectors including education, border security and nuclear decommissioning, would also be required to operate a minimum service.

The measures, also referred to as the “Anti-strike Bill” were described as deeply flawed by the Joint Committee on Human Rights last month, which said it needed to be reconsidered as it conflicted with Article 11 of the European Convention on Human Rights, which guarantees “freedom of association”; this covers strikes.

Last night, at its third reading in the House of Lords, an amendment tabled by former chief nursing officer Sarah Mullally won the backing of the majority of peers from all parties who agreed it could exacerbate workforce shortages in health. Baroness Frances O’Grady, a co-sponsor of the amendment, said the bill was an attack on nursing, a profession in which women and minority ethnic people were disproportionately represented. The amendment seeks to ensure parliament has proper oversight of the Bill’s measures.

The House of Lords voted by 221 to 197 in favour of a consultation before the use of key ministerial powers contained in the Strikes Bill, including the involvement of parliament. The amendment also exempted Scotland and Wales from the Bill’s measures.

RCN director for England Patricia Marquis said: “Curtailing the freedom of nursing staff to take part in lawful industrial action is undemocratic and an attack on their human rights. This bill is a distraction from the real issues of severe workforce shortages, patient safety and decades of underinvestment across health and social care. We’ll continue to strongly oppose it as it passes through parliament.”

TUC general secretary Paul Nowak said peers had “done the right thing and voted to stop nurses, teachers, firefighters and other public sector workers getting sacked for exercising their right to strike.” He added: “No one should be sacked for trying to win a better deal at work.”

He urged the government to rethink its legislation and protect the right to strike.

Labour lord Ray Collins said: “Whatever your views about the state of industrial relations in this country, we should all agree that a rushed process which puts power over making laws in the hands of ministers without proper parliamentary scrutiny and oversight is simply not right.

“What this amendment seeks to do is not prolong, not delay, not frustrate, but to ensure parliament has proper oversight and that there is proper consultation with all those involved.”

Julia Kermode, founder of independent workers’ body IWORK, said: “You have to ask how this bill was allowed to get this far. Instead of focusing on solving the root cause of these strikes, the government wanted to shut workers up.”

The Bill will now go back to the Commons for consideration of amendments.

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