My Lords, in the previous debate, my noble friend Lord Collins ably set out why the Act, the code of practice and the associated regulations will exacerbate conflict in the workplace and do more harm than good, in this case to NHS staff in the ambulance and patient transport service, as well as to employers and the public. I will not repeat the evidenced arguments we have already heard, but I support the view that the Government has got this one in the wrong place.
Noble Lords will have heard and be well aware that Labour has promised to repeal the Strikes (Minimum Service Levels) Act when we get into government, and I reiterate that we stand by that pledge. I note the fatal amendment again tabled by the noble Baroness, Lady Bennett of Manor Castle, and I hope that she will now agree that it is not the role of an unelected Chamber to frustrate the will of the other place, but I hope that she will find it possible to agree with the comments from my noble friend Lord Collins, who said that the only democratic way to get rid of this unworkable legislation will be through the election of a Labour Government.
These regulations are marked by draconian content which does not align with the more conciliatory language in the Government’s consultation response, in which there is significant emphasis on the potential for voluntary arrangements as an alternative to the issuing of work notices, to take one example. As the consultation document says:
“Instead of expecting that employers will always issue work notices to ensure”
that minimum service levels
“are met, we recognise that they may be able to secure the same level of coverage through voluntary derogations, and they can continue to agree and rely on these instead, as long as they are confident that the MSL will be met. Where employers decide that voluntary agreements are sufficient, this will give union members more flexibility on strike days; instead of either being on strike, or not, they can choose to strike but leave the picket line if needed, as they do currently”.
I observe that this kind of language and its tone and content fails to be reflected in the regulations, which are highly prescriptive in their insistence on how things absolutely must be. Perhaps the Minister could explain this disconnect. Does he accept that in times of industrial unrest, it is the language of conciliation that is needed?
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The Government are proceeding with these regulations in the face of their own evidence about how unworkable they are and the considerable adverse reaction. It is not only noble Lords on these Benches and others who we have heard from today and on previous occasions who take issue with these regulations and this legislation. The employers’ body NHS Providers has said that the plans for ambulance minimum service levels
“would add a further challenge to industrial relationships, at a time when the NHS most needs to protect them”.
NHS Providers also said that minimum service levels
“will not replace the need for derogation and staff recall arrangements but will make them harder to achieve”.
The NHS Confederation has made a similar case. I am sorry that the Government have not listened to this counsel.
The Government say that they propose
“to compensate for the reduction in the ability to strike by committing to engage in conciliation for disputes”.
However, their impact assessment warns that:
“Introducing a commitment to engage in conciliation could result in unintended consequences and undermine effective functioning of pay and conditions collective bargaining arrangements for over 1.1 million staff on Agenda for Change”.
I tabled this regret amendment as the regulations contain policy detail not included in primary legislation, and that is contrary to the recommendation of the Delegated Powers and Regulatory Reform Committee. The regulations do not reflect the policy positions taken by the Government in their response to the relevant consultation, and they go against evidence received by the Government which suggests that their implementation will be challenging. For all those reasons and many others, I beg to move.
Amendment to the Motion