My Lords, this is perhaps the most curious of the three statutory instruments aimed at particular sectors. I say that because it seems that the Government have chosen to pick a fight with one of the groups of public sector workers with which, to my knowledge, they do not currently have a full-blown dispute. Perhaps there is one coming; perhaps that is why Robert Jenrick has just resigned. He must know something that we do not. Given the choice of sectors, why did the Government choose to accelerate this one over other public services which are currently in trouble? It seems strange. Clearly, as other speakers have said, it is not a very long measure, and noble Lords will be happy to know that my speech will be shorter.
At the heart of this, as we heard from the noble Lord, Lord Coaker, the intent of the measure is that the strike-day service from Border Force should be no less effective than on a non-strike day, and services should cover all the areas normally running—port and airport services, passport services and so on—as the Minister has set out. I do not need to explain that when the minimum service level is no less effective than the everyday service level, that basically means almost everybody is required to go to work. In this case, the estimate from the TUC is that 70% to 75% of the employees of Border Force on a normal day will be required to attend on a strike day.
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If a union can legally call a strike, but must then tell three-quarters of its members to ignore that strike, this is a looking-glass world. It would be more efficient if the employer sent out un-work notices and the union informed its members which ones could actually strike; that would cut out the middleman and we could get to the result quicker. But that is not how industrial relations should work, and it is certainly not how good industrial relations have worked. If there is no dispute
in Border Force now, I cannot help thinking that this in no way improves the possibility of not having one in future.
As we have said before, these regulations effectively ban strikes in Border Force. If that was the Government’s intention, they should have used primary legislation and truthfully expressed that ambition. Instead, they have deployed Ministers to dissemble as they hid behind a skeletal Bill. Once again, we will take the TUC’s advice and support the noble Lord, Lord Coaker, if he chooses to move his Motion.