With this it will be convenient to discuss the following:
Clause 2 stand part.
Amendment 80, in clause 3, page 1, line 14, after “may”, insert “not”.
The purpose of this amendment is to ensure that any consequential provision is made only by an Act of Parliament.
Amendment 84, page 1, line 15, at end insert—
“(1A) No such regulations shall be made without the prior agreement of the Confederation of British Industry and the Trades Union Congress.”
This amendment, together with Amendment 83, is intended to partially fulfil the conditions required by ILO Convention 87 by providing that minimum service levels are reached by negotiation.
Amendment 100, page 1, line 16, leave out subsections (2) and (3).
This amendment would remove the Secretary State’s powers to amend, repeal or revoke primary legislation, through regulations.
Amendment 27, page 1, line 16, after “may” insert “not”.
The purpose of this amendment is to ensure that any amendment, repeal or revocation of primary legislation is made only by an Act of Parliament.
Amendment 101, page 1, line 18, leave out from “Act” to end of line 19.
This amendment would remove the Secretary of State’s powers to bring in regulations to amend, repeal or revoke primary legislation, later in the same session of Parliament as this Act.
Amendment 22, page 1, line 19, at end insert—
“(2A) No provision whatsoever having effect in Northern Ireland may be made under or by virtue of this Act unless and until the Northern Ireland Assembly has approved a joint decision by the First Minister and deputy First Minister that such provision should be made.”
This amendment is intended to ensure that the Bill will not be extended to cover Northern Ireland without appropriate devolved consent.
Amendment 102, page 2, line 5, leave out from “section” to end of line 7 and insert—
“must be made under the affirmative resolution procedure”.
This amendment would ensure that any regulations made under clause 3, must be made under the affirmative resolution procedure.
Amendment 28, page 2, line 8, leave out subsection (5) and insert—
“(5) In this section “primary legislation” means an Act of Parliament.
(6) For the avoidance of doubt, this section shall not apply to—
(a) an Act or Measure of Senedd Cymru, or
(b) an Act of the Scottish Parliament.”
The purpose of this amendment is to provide that, if Clause 3(2) is retained, the power of United Kingdom Ministers to amend primary legislation should not apply to Acts of the Scottish Parliament or the Senedd Cymru.
Amendment 97, page 2, line 8, leave out subsection (5) and insert—
“(5A) For the avoidance of doubt, this section shall not apply to—
(i) an Act or Measure of Senedd Cymru, or
(ii) an Act of the Scottish Parliament.”
The purpose of this amendment is to preclude the power of United Kingdom Ministers in clause 3(2) to amend primary legislation and extends that power to Acts of the Scottish Parliament or the Senedd Cymru.
Amendment 81, page 2, line 8, leave out from “means” to end of line 11 and insert “an Act of Parliament.”
This amendment would remove Acts of the Scottish Parliament or Senedd Cymru from the power to amend or repeal primary legislation by regulations made by statutory instrument.
Amendment 76, page 2, line 10, leave out subsection (b).
This amendment would prevent the Secretary of State from being able to make consequential amendments to an Act or Measure of Senedd Cymru.
Clause 3 stand part.
Amendment 98, in clause 4, page 2, line 13, leave out from “England” to end of line 13 and insert—
“only.
(2) This Act does not apply to disputes which take place in—
(a) Scotland or Wales; or
(b) the United Kingdom if any of the workers who are parties to the dispute are employed by an employer to work in Scotland or Wales, as the case may be.
(3) For the avoidance of doubt, this Act shall apply only to disputes where all the workers who are parties to the dispute are employed by an employer to work in England.”
The purpose of this amendment is to exclude the application of the Act to Scotland and Wales.
Amendment 77, page 2, line 13, leave out “and Wales”.
The purpose of this amendment is to exclude the application of the Act to Wales.
Amendment 30, page 2, line 13, leave out “and Scotland”.
This amendment is intended to prevent the Bill applying to Scotland. See also Amendments 36, 37 and 38.
Amendment 107, page 2, line 13, leave out “and Wales and Scotland.”
This amendment would confine the extent of the Act to England.
Clause 4 stand part.
Amendment 31, in clause 5, page 2, line 15, at beginning insert “Subject to subsection (2),”.
See explanatory statement for Amendment 32.
Amendment 67, page 2, line 15, leave out from “force” to end of line 15 and insert—
“in accordance with this section.
(1) Sections 4 to 6 of this Act come into force on the day on which this Act is passed.
(2) The remaining provisions of this Act come into force on a date specified by the Secretary of State, which may not be before one month after the day on which the Joint Committee on Human Rights, following the taking of written and oral evidence, has published a report as to whether in its opinion the Act’s provisions are compatible with the right to freedom of assembly and association under Article 11 nof the European Convention, as well as the right to strike as recognised in other international instruments that the United Kingdom has ratified.”
This amendment requires the publication of a report from Joint Committee on Human Rights before the Act can come into operation.
Amendment 20, page 2, line 15, leave out “on the day on which this Act is passed” and insert—
“in accordance with section [Compliance condition for commencement]”.
Amendment 32, page 2, line 15, at end insert—
“(2) But no regulations may be made under this Act or the Schedule to this Act before the Secretary of State has laid before Parliament statements of consent to the Act from—
(a) the Scottish Parliament,
(b) Senedd Cymru, and
(c) the Greater London Assembly.”
The intention of this Amendment is to prevent the Act coming into operation until after consent to the Act has been obtained from the Scottish Parliament, Senedd Cymru and the Greater London Assembly.
Clause 5 stand part.
Clause 6 stand part.
New clause 1—Compliance condition for commencement —
“(1) This section and sections 4 to 6 come into force on the day this Act is passed.
(2) The remainder of the Act comes into force on a day to be specified in regulations by the Secretary of State which may not be earlier than the day after the High Court has issued a certificate under this section.
(3) The Secretary of State may apply to a Judge of the High Court of Justice for a certificate that the law in this Act is compliant with—
(a) the obligations set out in Convention 87 of the International Labour Organisation;
(b) the obligations set out in the European Social Charter of 1961 which have been ratified by the United Kingdom;
(c) the obligations of the United Kingdom set out in Article 387 sub-paragraphs (2) and (4) of the UK/EU Trade and Cooperation Agreement 2021; and
(d) the obligations of the United Kingdom set out in Article 399 sub-paragraphs (2) and (5) of the UK/EU Trade and Cooperation Agreement 2021.
(4) On an application made by the Secretary of State for the certificate in subsection (3) above, after hearing the Secretary of State, the Trades Union Congress, the Confederation of British Industry and such other organisations or individuals whose applications the Judge may consider should be heard, the Judge shall grant the certificate only if the court is satisfied that the law of the United Kingdom is compliant with the obligations set out in paragraph (3).”
This new clause would prevent the Act from coming into operation until a court had certified that the Act complied with the UK‘s relevant international obligations.
New clause 2—Extent (No. 2)—
“(1) This Act extends and applies to England only.
(2) This Act does not apply to disputes which take place in—
(a) Scotland or Wales; or
(b) anywhere in Great Britain, if any of the workers who are parties to the dispute are employed by an employer to work in Scotland or Wales, as the case may be.
(3) For the avoidance of doubt, this Act shall apply only to disputes where all the workers who are parties to the dispute are employed by an employer to work in England.”
The purpose of this new clause is to exclude the application of the Act to Scotland and Wales.
New clause 3—Impact assessment: duties to work with trade unions in Wales —
“The Secretary of State must, within one month of the day on which this Act is passed, lay before Parliament an assessment of the effect of this Act on industrial relations in Wales, with particular reference to the intended outcomes of the Social Partnership and Public Procurement (Wales) Bill currently before Senedd Cymru.”
This new clause would require the Government to publish an assessment of the impact of this Act on social partnership.
New clause 4—Requirement for consent from devolved institutions —
“No regulations may be made under any provision of the 1992 Act inserted by this Act before the Secretary of State has laid before Parliament statements of consent to this Act from—
(a) the Scottish Parliament,
(b) Senedd Cymru,
(c) the Greater London Assembly, and
(d) Combined Authorities in England that have responsibility for delivering services that fall within any of the categories set out in s234B(4) of the 1992 Act.”
Amendment 36, in the schedule, page 3, line 7, after “services” insert “in England and Wales”.
This amendment is intended to prevent the Bill applying to Scotland.
Amendment 37, page 3, line 8, after “levels” insert “in England and Wales”.
This amendment is intended to prevent the Bill applying to Scotland.
Amendment 38, page 3, line 11, after “levels” insert “in England and Wales”.
This amendment is intended to prevent the Bill applying to Scotland.
Amendment 83, page 3, line 12, at end insert—
“(1A) No such regulations shall be made without the prior agreement of the Confederation of British Industry and the Trades Union Congress.”
This amendment, together with Amendment 84, is intended to partially fulfil the conditions required by ILO Convention 87 by providing that minimum service levels are reached by negotiation.
Amendment 115, page 3, line 12, at end insert—
“(1A) Minimum service regulations—
(a) may be made only if the Secretary of State reasonably believes them to be necessary to protect the life, personal safety or health of the whole or part of the population; and
(b) may provide only for levels of service reasonably considered necessary to provide protection for the life, personal safety or health of the whole or part of the population.”
This new subsection would limit the levels of service which the Secretary of State could set in regulations to levels of service that the Secretary of State reasonably believes to be necessary to protect life, personal safety or health.
Amendment 116, page 3, line 12, at end insert—
“(1B) Minimum service regulations must—
(a) not provide for levels of service which are greater than those necessary to satisfy the basic needs of the population or the minimum requirements of the service; and
(b) ensure that the scope of the minimum service does not render ineffective any strike it affects.”
This new subsection would limit minimum service regulations to the levels indicated as appropriate in conclusions of the International Labour Organisation’s Committee on Freedom of Association.
Amendment 15, page 3, line 15, leave out “even” and insert “except”.
This amendment would stop the Secretary of State from being able to set minimum service levels for disputes that have already been balloted for.
Amendment 99, page 3, line 15, leave out “even if” and insert “unless”.
The amendment seeks to stop regulations under this Bill from being applied to strikes which have already been balloted for.
Amendment 59, page 3, line 20, at end insert—
“(2A) A minimum service level must not be framed so that it would require more than 30% of a workforce to be served with a work notice.”
This amendment would limit the proportion of a workforce which can be required by a minimum service level so as to ensure that a majority of workers will be able to withdraw labour.
Amendment 60, page 3, line 20, at end insert—
“(2A) A minimum service level must be framed to take account of the actual levels of service provided in the previous year.
(2B) After a minimum service level regulations have been issued, no work notices may be issued for any further strikes unless the employer has maintained the minimum service level on days not affected by strike for at least 3 months.”
This amendment would prevent employers from requiring a minimum service level if the employer had not previously been able to maintain such a level on days not affected by strike action.
Amendment 61, page 3, line 20, at end insert—
“(2A) Minimum service levels must not exceed 20% of normal service levels achieved, except in so far as additions to the minimum service level is wholly determined for operational reasons related to health and safety requirements.”
This amendment would stipulate 20% of normal service levels as an upper threshold for minimum service levels.
Amendment 16, page 3, line 21, leave out subsection (3).
See Amendment 17.
Amendment 21, page 3, line 22, at end insert—
“(2A) The Secretary of State may not add to the list of categories in subsection (4) below.
(2B) The Secretary of State may by regulations made by statutory instrument subject to annulment remove any categories from subsection (4) below.
(2C) After a category has been removed from subsection (4) below, it may not be added back in to that subsection except by primary legislation.”
This amendment bars any addition to, or any reinstatement of, the 6 categories of service to which this Act applies, while facilitating the removal of any of those categories.
Amendment 17, page 3, line 23, leave out from “that” to end of line 31 and insert—
“have been approved for specification under this Act by resolution of each House of Parliament.”
This amendment would ensure that minimum service level regulations apply only to services that have been approved by resolution in both Houses.
Amendment 9, page 3, line 25, leave out paragraph (a).
This amendment would remove “health services” from the Bill.
Amendment 75, page 3, line 25, at end insert—
“except nurses, doctors, paramedics, ambulance support workers, veterinary services, community health services, pharmacists, mental health services, sexual health services, speech and language therapy services, dental services and transportation of medical supplies services.”
This amendment would various occupations and sub-sectors of the health sector from the regulations in the Bill.
Amendment 10, page 3, line 26, leave out paragraph (b).
This amendment would remove “fire and rescue services” from the Bill.
Amendment 11, page 3, line 27, leave out paragraph (c).
This amendment would remove “education services” from the Bill.
Amendment 74, page 3, line 27, at end insert—
“except primary schools, secondary schools, further education colleges, universities, contracted school transportation, private schools and academies.”
This amendment would exempt various occupations and sub-sectors of the education sector from the regulations in the Bill.
Amendment 12, page 3, line 28, leave out paragraph (d).
This amendment would remove “transport services” from the Bill.
Amendment 73, page 3, line 28, at end insert ——
“except aviation services, airline services, airport services, airport fire services, car delivery services, road haulage services, parcel delivery services, bus services, tram services, rail infrastructure, rail engineering ferry and waterway services, seafarers, and dock services.”
This amendment would exempt various occupations and sub-sectors of the transport sector from the regulations in the Bill.
Amendment 109, page 3, line 28, at end insert—
“, except where the service is
(i) a rail service wholly or partly within Scotland,
(ii) a bus service registered with the Traffic Commissioner for Scotland,
(iii) a ferry service wholly or partly within Scotland,
(iv) any aviation service which uses a facility holding an aerodrome certificate issued the Civil Aviation Authority for all or part of its journey, or
(v) any aviation service which receives funding as part of a Public Service Obligation.”
This amendment would exempt passenger transport services in, to, and from Scotland from being subject to a work notice.
Amendment 13, page 3, line 29, leave out paragraph (e).
This amendment would remove ““decommissioning of nuclear installations and management of radioactive waste and spent fuel” from the Bill.
Amendment 14, page 3, line 31, leave out paragraph (f).
This amendment would remove “border security” from the Bill.
Amendment 106, page 3, line 31, at end insert—
“(4A) No regulations made by statutory instrument under this section shall apply to any service which relates to the provisions of—
(a) the Transport (Scotland) Act 2019;
(b) the Transport (Scotland) Act 2001;
(c) section 8 of the Railways Act 2005;
(d) section 10 of the Civic Government (Scotland) Act 1982; or
(e) any passenger ferry operating within the portion of the UK Exclusive Economic Zone lying under the jurisdiction of Scotland, or to any service defined by Scottish ministers as relating to the provision of transport services in Scotland.”
This amendment would exclude most passenger transport services in Scotland from being subject to minimum service regulations laid by the Secretary of State.
Amendment 2, page 3, line 31, at end insert—
“(5) Levels of service set by regulations under subsection (1) may not exceed the lowest actual level of service for the relevant service recorded on any day of the 12 months before the regulations are laid.
(6) Before making regulations under subsection (1) for the relevant service, the Secretary of State must lay before Parliament a report showing that the condition in subsection (5) is met.”
This new subsection (5) would require the Secretary of State to specify any minimum service levels made in regulations under subsection (1) of the new inserted section 234B at a level no higher than the lowest actual level of service recorded on any day in the year before the new regulations are laid. Subsection (6) requires the Secretary of State to lay a report before Parliament to prove that the condition in subsection (5) has been met.
Amendment 4, page 3, line 31, at end insert—
“(5) The Secretary of State may not make any regulations under this section until after a Minister of the Crown has laid before Parliament assessments outlining the impacts of the Strikes (Minimum Service Levels) Act 2023 on—
(a) workforce numbers,
(b) Individual workers,
(c) employers,
(d) trade unions, and
(e) equalities.”
This amendment would require the Government to publish assessments of how the proposed legislation would impact on workforce numbers, individual workers, equalities, employers and trade unions before the Bill comes into operation.
Amendment 23, page 3, line 31, at end insert—
“(5) Regulations made under this section in relation to strikes affecting services in an area for which an elected mayor is responsible may not be made without the consent of the elected mayor for that area.”
This amendment would require the consent of the relevant elected mayor before minimum service levels could be set in relation to an area for which an elected mayor was responsible.
Amendment 39, page 3, line 31, at end insert—
“(5) Regulations under this Part may not—
(a) prohibit or enable the prohibition of participation in, or any activity in connection with, a strike or other industrial action;
(b) create an offence; or
(c) require levels of service on strike days which are higher than those ordinarily provided on non strike days.
(6) Regulations may not make provision which is contrary to the United Kingdom’s international obligations, and in particular—
(a) International Labour Organisation Convention No 87;
(b) Social Charter of the Council of Europe, Article 6(4); and
(c) EU-UK Trade and Cooperation Agreement, Article 399.
(7) For the purposes of subsection 6(a), reference shall be made to the Observations of the ILO Committee of Experts, and the Conclusions of the ILO Committee on Freedom of Association to determine the United Kingdom’s international obligations.
(8) For the purposes of subsection 6(b), reference shall be made to the Conclusions of the European Committee of Social Rights to determine the United Kingdom’s international obligations.”
This amendment is designed to restrict the power of the Secretary of State to make regulations, and in particular, to ensure that regulations should not authorise any steps which restrict the right to strike. Subsections (5)(a) and (b) are based on the restraints on the power to make regulations in the Civil Contingencies Act 2004. Subsection (5)(c) is new. The amendment is designed to ensure also that any regulations are compatible with international obligations.
Amendment 94, page 3, line 31, at end insert—
“(5) Regulations may not—
(a) prohibit or enable the prohibition of participation in, or any activity in connection with, a strike or other industrial action;
(b) create an offence; or
(c) require levels of service on strike days which are higher than those ordinarily provided on non-strike days.
(6) Regulations may not make provision which is contrary to the United Kingdom’s international obligations, and in particular—
(a) International Labour Organisation Convention No 87;
(b) Social Charter of the Council of Europe, Article 6(4); and
(c) EU-UK Trade and Cooperation Agreement, Article 399.
(7) To determine the United Kingdom’s international obligations for the purposes of subsection 6(a), reference shall be made to the Observations of the ILO Committee of Experts, and the Conclusions of the ILO Committee on Freedom of Association, and for the purposes of subsection 6(b), reference shall be made to the conclusions of the European Committee of Social Rights.”
This amendment would prevent the Secretary of State from making regulations which unduly abridge the right to strike. Section 234(5)(a) and (b) are based on the Civil Contingencies Act 2004. Section 234(5)(c) is new. The amendment is intended to require any regulations to be compatible with the UK’s international obligations.
Amendment 108, page 3, line 31, at end insert—
“(5) Any services deemed to fall within a category specified in subsection (4) which are subject to the competence of—
(a) the Scottish Parliament,
(b) the Senedd,
(c) the Northern Ireland Assembly,
(d) the Greater London Authority,
(e) a combined authority constituted under the Local Democracy, Economic Development and Construction Act 2009,
(f) any other elected body named by the Secretary of State,
shall not be subject to regulations made under subsection (3).”
This amendment would remove any service provided by a devolved government or authority from being subject to a regulation made by the Secretary of State under this Act.
Amendment 40, page 3, line 31, at end insert—
“234BA Parliamentary Scrutiny
(1) Where regulations are made under section 234B—
(a) a senior Minister of the Crown shall as soon as is reasonably practicable lay the regulations before Parliament, and
(b) the regulations shall lapse at the end of the period of seven days beginning with the date of laying unless during that period each House of Parliament passes a resolution approving them.
(2) If each House of Parliament passes a resolution that the regulations shall cease to have effect, the regulations shall cease to have effect—
(a) at such time, after the passing of the resolutions, as may be specified in them, or
(b) if no time is specified in the resolutions, at the beginning of the day after that on which the resolutions are passed (or, if they are passed on different days, at the beginning of the day after that on which the second resolution is passed).
(3) If each House of Parliament passes a resolution that regulations shall have effect with a specified amendment, the regulations shall have effect as amended, with effect from—
(a) such time, after the passing of the resolutions, as may be specified in them, or
(b) if no time is specified in the resolutions, the beginning of the day after that on which the resolutions are passed (or, if they are passed on different days, the beginning of the day after that on which the second resolution is passed).
(4) Nothing in this section—
(a) shall prevent the making of new regulations, or
(b) shall affect anything done by virtue of regulations before they lapse, cease to have effect or are amended under this section.
234BB Parliamentary Scrutiny: Prorogation and Adjournment
(1) If when regulations are made under section 234B Parliament stands prorogued, His Majesty shall by proclamation under the Meeting of Parliament Act 1797 (c. 127) require Parliament to meet on a specified day.
(2) If when emergency regulations are made under section 234B the House of Commons stands adjourned, the Speaker of the House of Commons shall arrange for the House to meet on a day during that period of adjournment.
(3) If when emergency regulations are made under section 234B the House of Lords stands adjourned, the Speaker of the House of Lords shall arrange for the House to meet on a day during that period of adjournment.”
The inserted sections 234BA and 234BB are designed to enhance the power of Parliament to approve regulations. These provisions are based on the power to make regulations in the Civil Contingencies Act 2004.
Amendment 41, page 3, line 31, at end insert—
“234BC Consultation with Devolved Administrations
(1) Regulations which relate wholly or partly to Scotland may not be made unless a senior Minister of the Crown has consulted the Scottish Ministers.
(2) Regulations which relate wholly or partly to Wales may not be made unless a senior Minister of the Crown has consulted the National Assembly for Wales.
(3) For the purposes of (1) and (2) consultation means consultation with a view to reaching an agreement.”
The inserted Section 234BC is designed to ensure that the Minister must consult the Scottish and Welsh ministers before regulations are made. Section 234BC(1) and (2) are based on similar provisions in the Civil Contingencies Act 2004.
Amendment 3, page 3, line 31, at end insert—
“234BA Power to specify minimum service levels: health and safety
(1) Minimum service regulations must take into account the levels of service provided in the relevant service in periods when that service is not affected by strikes.
(2) Before making any regulations under section 234B, the Secretary of State must lay before Parliament an assessment of the level of service provided within the relevant specified category over the most recent period of 12 months for which data is available.
(3) The assessment under subsection (2) must include an analysis of performance in relation to health and safety standards applicable to the relevant service.
(4) The Secretary of State must give priority in making regulations under section 234B to maintaining health and safety standards during a strike which are no lower than the relevant applicable standards in the specified service.”
This amendment would require the Government to assess health and safety performance in the affected sector before making minimum service regulations.
Amendment 82, page 3, line 31, at end insert—
“234BD Consultation with Social Partners
(1) Before making regulations under section 234B the Secretary of State shall consult organisations representative of employers and trade unions.
(2) Consultation under subsection (1) shall take place with a view to reaching an agreement.
(3) Where consultation takes place without an agreement being reached, the Secretary of State shall refer the matter to arbitration for the resolution of any matters of disagreement between the Secretary of State and the organisations representative of employers and trade unions.
(4) The arbitrator appointed under subsection (3) shall be an independent person appointed by ACAS from a panel of arbitrators established by ACAS for this purpose.
(5) The decision of the arbitrator shall be binding.
(6) The Secretary of State shall not make regulations which are inconsistent with the decision of the arbitrator.”
The proposed new section 234BD is intended to require the Secretary of State’s to consult and agree minimum service levels with the social partners, failing which minimum service levels will be determined by an independent arbitrator.
Amendment 117, page 3, line 31, at end insert—
“234BA Requirement for opportunity for negotiated settlement and involvement of independent body
(1) The Secretary of State may not make minimum service regulations in respect of any strike of which a trade union gives notice to an employer under section 234A unless—
(a) the employer and the trade union have been given a reasonable opportunity to reach a negotiated agreement on minimum service levels in respect of the strike; and
(b) if the employer and the trade union have not been able to reach an agreement on minimum service levels—
(i) the employer and trade union have both been given a reasonable opportunity to make representations to a quasi-judicial body independent of the employer, trade union and Government; and
(ii) the independent body has been given a period that is reasonable in the circumstances to determine minimum service levels in respect of the strike.
(2) If the employer and trade union have reached a negotiated agreement on minimum service levels in respect of the strike referred to in subsection (1), the Secretary of State may not make minimum service regulations in respect of that strike.
(3) If the independent body referred to in subsection (1)(b)(i) and (ii) above has determined minimum service levels in respect of the strike within the reasonable period—
(a) The employer and trade union are bound by those minimum service levels;
(b) The Secretary of State may not make minimum service regulations in respect of the strike referred to in subsection (1).”
This amendment would prevent the Secretary of State making minimum service regulations in respect of a strike unless the trade union and employer have had an opportunity to reach a negotiated agreement on those levels, and where an independent body has had the opportunity to determine the levels in the absence of an agreement.
Amendment 119, page 3, line 34, after second “a” insert “recognised”.
Amendment 42, page 4, line 1, at end insert—
“(1A) An employer shall also send a copy of a work notice to any person identified therein as someone required to work during the strike.”
This amendment is designed to require the employer to send a copy of the notice to each of the individuals identified in the notice.
Amendment 111, page 4, line 18, at end insert—
“(c) not relate to a service which does not relate to a competence listed in Schedule 5 of the Scotland Act 1998.”
This amendment this would exclude any devolved services in Scotland from being subject to a work notice.
Amendment 70, page 4, leave out lines 19 to 21 and insert—
“(5) A work notice must not identify any more than the minimum number of persons necessary for the purpose of providing the levels of service under the minimum service regulation.”
This amendment, with Amendments 71 and 72, is intended to require employers to take reasonable steps to ensure the serving of work notices does not prevent lawful industrial action from taking place.
Amendment 69, page 4, line 21, at end insert—
“and no person shall be identified in one or more work notices where the effect would be that they would be prevented from taking part in industrial action on fifty per cent or more of the days included in the notice referred to in section 234C(1)(a)”
This amendment is intended to ensure that specific workers cannot be prevented from striking by this Bill.
Amendment 120, page 4, line 21, at end, insert—
“or have the effect of preventing any one person taking part in protected industrial action”
Amendment 93, page 4, line 21, at end insert—
“(5A) A work notice must not include a person who is an official of the trade union (within the meaning of section 119) at the time a work notice is issued.”
This amendment would exempt trade union officials from a work notice under the Act.
Amendment 64, page 4, line 24, at end insert—
“; or whether the person took part in the activities of an independent trade union at an appropriate time; or made use of trade union services at an appropriate time.”
This amendment would ensure that the selection of persons for work notices cannot be targeted at trade union activists.
Amendment 68, page 4, line 24, at end insert—
“; or whether the person took part in the activities of an independent trade union at an appropriate time; or made use of trade union services at an appropriate time.
(6A) An employer having regard to one or more of the matters referred to in subsection (6) in deciding whether to identify a person in a work notice shall be deemed to subject that person to a detriment for the purpose of section 146 of this Act.
(6B) Subjecting a person to a detriment in contravention of section 146 of this Act by reason of subsections (6) and (6A) shall be actionable as a breach of statutory duty.
(6C) A person deemed to have been subjected to a detriment for the purpose of section 146 by reason of reason of subsections (6) and (6A) may, as an alternative to pursuing an action for breach of statutory duty in accordance with subsection 6B, present a claim to an Employment Tribunal in accordance with that section.
(6D) If there facts from which a court or tribunal could conclude, in the absence of any other explanation, that the employer has contravened, or is likely to contravene, subsections (6) and (6A), it must find that such a contravention occurred, or is likely to occur, unless the employer shows that it did not, or is not likely, to occur.”
This amendment is intended to gives legal recourse in cases where employers may choose to target trade union members with work notices.
Amendment 85, page 4, line 25, leave out from “must” to end of line 28 and insert—
“reach agreement with the union about the number of persons to be identified and the work to be specified in the notice.”
This amendment is intended to partially fulfil the conditions required by ILO Convention 87 by providing that minimum service levels are reached by negotiation between the social partners
Amendment 103, page 4, line 25, leave out from “must” to end of line 28 and insert—
“take reasonable steps to reach agreement”.
This amendment aims to ensure that minimum service levels are reached by negotiation between employers and trade unions.
Amendment 43, page 4, line 25, leave out subsection (7) and insert —
“(7A) A work notice shall not be valid unless the employer has consulted the recognised trade union, or in the absence of a recognised trade union, a representative trade union.
(7B) Consultation under subsection (7A) shall take place with a view to reaching an agreement.
(7C) Where consultation takes place without an agreement being reached, the employer shall refer the matter to arbitration for the resolution of any matters of disagreement between the employer and the trade union.
(7D) The arbitrator appointed under subsection (7C) shall be an independent person appointed by ACAS from a panel of arbitrators established by ACAS for this purpose.”
This amendment is designed to enhance the employer’s duty to consult about work notices.
Amendment 86, page 4, leave out lines 25 to 28 and insert—
“(7A) A work notice shall not be valid unless the employer has consulted the recognised trade union, in the absence of which a representative trade union.
(7B) Consultation under subsection (7A) shall take place with a view to reaching an agreement.
(7C) In the event of a failure to agree the matters in (7A) the employer or the union may refer any or all disputed issues to an arbitrator who shall be an independent person appointed by ACAS from a panel of arbitrators established by ACAS for this purpose and the decision of the arbitrator shall be binding.”
This alternative amendment turns on a duty to consult rather than to reach agreement.
Amendment 71, page 4, line 27, leave out “and”.
This amendment, with Amendments 70 and 72, is intended to require employers to take reasonable steps to ensure the serving of work notices does not prevent lawful industrial action from taking place.
Amendment 65, page 4, line 28, leave out “have regard to any views expressed by the union in response” and insert—
“take into account the views expressed by the trade union with a view to reaching agreement with the union.”
This amendment is intended to promote good faith engagement between the employer and trade union when consulting over work notices.
Amendment 72, page 4, line 28, after “response” insert—
“and (c) be satisfied that the requirement in subsection (5) is satisfied.”
This amendment, with Amendments 70 and 71, is intended to require employers to take reasonable steps to ensure the serving of work notices does not prevent lawful industrial action from taking place.
Amendment 87, page 4, line 28, at end insert —
“(7A) In the event of a failure to agree the matters in subsection (7), the employer or the union may refer any or all disputed issues to an arbitrator who shall be an independent person appointed by ACAS from a panel of arbitrators established by ACAS for this purpose and the decision of the arbitrator shall be binding.”
This amendment is intended to partially fulfil the conditions required by ILO Convention 87 by providing that minimum service levels are reached by negotiation between the social partners.
Amendment 112, page 4, line 28, at end insert—
“(7A) No employee of any organisation listed in Schedule 1 of the Civil Contingencies Act 2004 shall be subject to any work notice.”
This amendment would exempt any occupation or employee subject to the above Act from any regulations allowing a work notice to be issued.
Amendment 44, page 4, line 30, after “union” insert—
“and to each individual person identified in the notice”.
See Amendment 42.
Amendment 95, page 4, line 30, after “varied” insert—
“to any person identified therein as someone required to work during the strike and,”.
This amendment is intended to require the employer to send a copy of the notice to each of the individuals identified in the notice.
Amendment 88, page 4, line 33, at end insert —
“(8A) A variation shall not be valid unless the employer has consulted the recognised trade union, in the absence of which a representative trade union.
(8B) Consultation under subsection (8A) shall take place with a view to reaching an agreement.
(8C) In the event of a failure to agree the matters in subsection (8B) the employer or the union may refer any or all disputed issues to an arbitrator who shall be an independent person appointed by ACAS from a panel of arbitrators established by ACAS for this purpose and the decision of the arbitrator shall be binding.”
This alternative amendment turns on a duty to consult rather than to reach agreement.
Amendment 89, page 4, line 34, leave out paragraph (9) and insert—
“(9A) In the event of a failure to agree the matters in subsection (7A) the employer or the union may refer any or all disputed issues to an arbitrator who shall be an independent person appointed by ACAS from a panel of arbitrators established by ACAS for this purpose and the decision of the arbitrator shall be binding.”
This amendment is intended to partially fulfil the conditions required by ILO Convention 87 by providing that minimum service levels are reached by negotiation between the social partners.
Amendment 90, page 4, line 34, leave out paragraph (9) and insert—
“(9A) An employer may vary a work notice.
(9B) A variation shall not be valid unless the employer has consulted the recognised trade union, in the absence of which a representative trade union.
(9C) Consultation under subsection (9A) shall take place with a view to reaching an agreement.
(9D) In the event of a failure to agree the matters in (9A) the employer or the union may refer any or all disputed issues to an arbitrator who shall be an independent person appointed by ACAS from a panel of arbitrators established by ACAS for this purpose and the decision of the arbitrator shall be binding.”
This alternative amendment turns on a duty to consult rather than to reach agreement.
Amendment 104, page 4, line 34, leave out from “must” to end of line 37 and insert—
“take reasonable steps to reach agreement”.
This amendment aims to ensure that minimum service levels are reached by negotiation between employers and trade unions.
Amendment 96, page 4, line 34, at end insert—
“(za) send a copy of a work notice to any person identified therein as someone required to work during the strike,”.
This amendment is intended to require the employer to send a copy of the notice to each of the individuals identified in the notice.
Amendment 46, page 4, line 35, after “union” insert—
“and each individual person identified in the notice”.
See Amendment 42.
Amendment 66, page 4, line 37, leave out “have regard to any views expressed by the union in response” and insert—
“take into account the views expressed by the trade union with a view to reaching agreement with the union.”
This amendment is intended to promote good faith engagement between the employer and trade union when consulting over work notices.
Amendment 47, page 4, line 37, after “union” insert—
“and by each individual person identified in the notice”.
See Amendment 42.
Amendment 110, page 4, line 40, at end insert—
“(a) A work notice must be submitted to the Presiding Officer of the Scottish Parliament, the Llywydd of the Senedd, and the Speaker of the Northern Ireland Assembly for consideration by a sitting of each body.
(b) Where less than four-fifths of those elected representatives constituting each body vote in favour of a motion supporting the granting of a work notice, the notice shall be deemed invalid.”
This amendment would ensure that a work notice would be valid only if its provisions were submitted by an employer to the three devolved institutions and received the support of over 80% of elected members in each chamber.
Amendment 48, page 4, line 40, at end insert—
“234CA Protection of Employees
(1) A person shall not be subject to a work notice if the person in question has not been given or received the work notice.
(2) The onus will be on the employer to prove that an individual received a work notice.
(3) Failure to comply with a work notice shall not—
(a) be regarded as a breach of the contract of employment of any person identified in the work notice; or
(b) constitute grounds for dismissal or any other detrimental action.
(4) Having regard to subsection (3), failure to comply with a work notice shall be deemed to be—
(a) a trade union activity undertaken at an appropriate time for the purposes of section 146 above; and
(b) participation in industrial action for the purposes of sections 238 and 238A below.”
This inserted Section 234CA is designed to ensure that compliance with a work notice should be voluntary on the part of the employee in question. Provision is also made to protect the individual who decides not to comply from any sanction imposed by the employer.
Amendment 113, page 5, line 6, at end insert—
“(2A) No disclosure of information authorised by section 234C shall apply to any individual habitually residents or ordinarily employed in Scotland.”
This amendment would protect the personal data of people living and working in Scotland.
Amendment 49, page 5, leave out lines 9 to 22.
The purpose of this amendment is to delete inserted section 234E in order to exclude the operation of the duty of the union to take reasonable steps to ensure that all workers identified in the work notice comply with the notice.
Amendment 79, page 5, line 14, leave out from “234C” to end of line 17.
This would remove the requirement for trade unions to take reasonable steps for employees to comply with work notices, as these are not a matter between trade union and member, but between employer and employee.
Amendment 63, page 5, line 17, leave out “comply with” and insert “are aware of”.
This amendment would ensure that the trade union’s legal duty is restricted to making its members aware of the content of the work notice.
Amendment 92, page 5, line 17, at end insert—
“(1A) In paragraph (1)(b), if it is alleged that a union failed to take “reasonable steps”, a failure to take any of the following steps shall not be taken to constitute a failure to take reasonable steps—
(a) to discipline or impose any detriment for non-compliance or threatened non-compliance, or for inducing or seeking to induce non-compliance by another member with a work notice, or
(b) to threaten to discipline or impose any detriment for non-compliance or threatened non-compliance, or for inducing or seeking to induce non-compliance by another member with a work notice, or
(c) to instruct a member not to comply with a work notice, or to revoke any instruction or encouragement to take part in the strike.”
This amendment is intended to limit the requirement that a union should police its own members.
Amendment 52, page 5, line 22, at end insert—
“(3) A trade union shall be deemed fully to have complied with its obligation under subsection (1) if it informs any members identified in a work notice that they have been so identified.
(4) For the purpose of subsection (3) a trade union is required to do only whatever is reasonably practicable by whatever means it deems appropriate.
(5) For the purposes of subsection (3) a trade union will not be deemed to have failed to comply with its duty in paragraph (b) on the ground only that one or more members has or have not been informed that they are the subject of a work notice.
(6) For the avoidance of doubt, a trade union will not be required to discipline or expel a member who—
(a) refuses to comply with a requirement to work under a work notice, or
(b) encourages others not to comply with a work notice.”
This amendment is intended to restrict the trade union’s compliance duty under the Act.
Amendment 118, page 5, line 22, at end insert—
“(3) Peaceful picketing within the meaning of section 220 of the 1992 Act shall not be regarded as an act done by the union to induce a person to take part, or continue to take part, in the strike, for the purposes of subsection (1).”
The intention of this amendment is avoid picketing alone being a cause for a claim against the union under the Act on the basis that this was inducing an identified person to take part in the strike.
Amendment 91, page 5, line 22, at end insert —
“(2A) A trade union shall be deemed fully to have complied with its obligation under section (1) if it informs any of its members identified in a work notice that they have been so identified.
(2B) For the purpose of subsection (2A) a trade union is required to do only whatever is reasonably practicable by whatever means it deems appropriate.
(2C) For the purposes of subsection (2A) a trade union will not be deemed to have failed to comply with its duty in paragraph (b) on the ground only that one or more members has or have not been informed that they are the subject of a work notice.”
This amendment is intended to limit the requirement that a union should police its own members.
Amendment 50, page 5, line 23, after “consultation” insert “with Social Partners”.
This amendment is linked to Amendment 51.
Amendment 8, page 5, line 23, at end insert—
“(A1) Before making regulations under section 234B the Secretary of State must receive a report into minimum services in the affected sector from the relevant House of Commons select committee.
(A2) For the purpose of subsection (A1), “relevant House of Commons select committee” means—
(a) House of Commons Home Affairs Committee for regulations affecting fire and rescue services, and border security as set out in 234B(4),
(b) House of Commons Education Committee for regulations affecting education services as set out in 234B(4),
(c) House of Commons Transport Committee for regulations affecting transport services as set out in 234B(4),
(d) House of Commons Health and Social Care Committee for regulations affecting health services as set out in 234B(4),
(e) House of Commons Business, Energy and Industrial Strategy Committee for regulations affecting decommissioning of nuclear installations and management of radioactive waste and spent fuel as set out in 234B(4).
(A3) The Speaker of the House of Commons may determine in case of any doubt the relevant successor of any committee mentioned in subsection (A2).”
This amendment would require that each relevant Select Committee conducts and publishes inquiries on how the Act will impact on each named sector, before the Act can be brought into operation.
Amendment 51, page 5, line 24, leave out subsection (1) and insert—
“(1A) Before making regulations under section 234B the Secretary of State shall consult organisations representative of employers and trade unions.
(1B) Consultation under subsection (1) shall take place with a view to reaching an agreement.
(1C) Where consultation takes place without an agreement being reached, the Secretary of State shall refer the matter to arbitration for the resolution of any matters of disagreement between the Secretary of State and the organisations representative of employers and trade unions.
(1D) The arbitrator appointed under subsection (3) shall be an independent person appointed by ACAS from a panel of arbitrators established by ACAS for this purpose.
(1E) The decision of the arbitrator shall be binding.
(1F) The Secretary of State shall not make regulations which are inconsistent with the decision of the arbitrator.”
Consistently with the practice in other countries, the purpose of this amendment is to remove the Secretary of State’s unilateral power to determine what minimum service levels should be. The Secretary of State would l be required to consult and agree minimum service levels with the social partners, failing which minimum service levels will be determined by an independent arbitrator.
Amendment 62, page 5, line 25, leave out lines 23 to 40 and insert—
“234F Consultation
(1) If a Minister of the Crown proposes to make regulations under this Act the Minister must—
(a) consult such organisations as appear to the Minister to be representative of interests substantially affected by the proposals;
(b) where the proposals relate to the functions of one or more statutory bodies, consult those bodies, or persons appearing to the Minister to be representative of those bodies;
(c) consult the Scottish Ministers and the Welsh Ministers, and
(d) consult such other persons as the Minister considers appropriate.
(2) If, as a result of any consultation required by subsection (1), it appears to the Minister that it is appropriate to change the whole or any part of the proposals, the Minister must undertake such further consultation with respect to the changes as the Minister considers appropriate.
(3) If, before the day on which this section comes into force, any consultation was undertaken which, had it been undertaken after that day, would to any extent have satisfied the requirements of this section, those requirements shall to that extent be taken to have been satisfied.
(4) In subsection (1)(b) ‘statutory body’ means—
(a) a body established by or under any enactment; or
(b) the holder of any office so established.
234FA Draft regulations and explanatory document laid before Parliament
(1) If, after the conclusion of the consultation required by section 234F, the Minister considers it appropriate to proceed with the making of regulations, the Minister must lay before Parliament for a period of at least 60 days —
(a) a draft of the regulation, together with
(b) an explanatory document.
(2) The explanatory document must—
(a) introduce and give reasons for the regulations;
(b) give details of—
(i) any consultation undertaken under section 234F;
(ii) any representations received as a result of the consultation;
(iii) the changes (if any) made as a result of those representations;
(c) explain why the draft regulations are consistent with the United Kingdom’s international legal obligations.
234FB Super-affirmative resolution procedure
(1) In determining whether to make regulations, the Minister must have regard to—
(a) any representations made,
(b) any resolution of either House of Parliament, and
(c) any recommendations of a committee of either House of Parliament charged with reporting on the draft regulations,
any recommendations of a committee of either House of Parliament charged with reporting on the draft regulations,
(2) If, after the expiry of the 60-day period, the Minister wishes to make regulations in the terms of the draft, the Minister must lay before Parliament a statement—
(a) stating whether any representations were made under subsection (1)(a); and;
(b) if any representations were so made, giving details of them.
(3) The Minister may after the laying of such a statement make regulations in the terms of the draft if it is approved by a resolution of each House of Parliament.
(4) However, a committee of either House charged with reporting on the draft regulations may, at any time after the laying of a statement under subsection (3) and before the draft regulations are approved by that House under subsection (3), recommend under this subsection that no further proceedings be taken in relation to the draft regulations.
(5) Where a recommendation is made by a committee of either House under subsection(4) in relation to a draft regulations, no proceedings may be taken in relation to the draft regulations in that House under subsection (3) unless the recommendation is, in the same Session, rejected by resolution of that House.
(6) If, after the expiry of the 60-day period, the Minister wishes to make regulations consisting of a version of the draft regulations with material changes, the Minister must lay before Parliament—
(a) a revised draft of the regulations; and
(b) a statement giving details of—
(i) any representations made under subsection (1)(a); and
(ii) the revisions proposed.
(7) The Minister may after laying revised draft regulations and statement under subsection (6) make regulations in the terms of the revised draft if they are approved by a resolution of each House of Parliament.
(8) However, a committee of either House charged with reporting on the revised draft regulations may, at any time after the revised draft regulations are laid under subsection (6) and before they are approved by that House under subsection (7), recommend under this subsection that no further proceedings be taken in relation to the revised draft regulations.
(9) Where a recommendation is made by a committee of either House under subsection (8) in relation to a revised draft regulations, no proceedings may be taken in relation to the revised draft regulations in that House under subsection (7) unless the recommendation is, in the same Session, rejected by resolution of that House.
(10) In this section the “60-day period” means the period of 60 days beginning with the day on which the draft regulations were laid before Parliament under section 234FA.”
This amendment would provide a super-affirmative procedure for Regulations under the Act.
Amendment 5, page 5, line 25, leave out
“such persons as the Secretary of State considers appropriate”
and, at end insert —
“(a) trade unions in each affected sector,
(b) employers in each affected sector,
(c) relevant Government Departments for each affected sector, and
(d) relevant Parliamentary Select Committees for each affected sector.”
The intention of this amendment is to require that the Government consults with a range of stakeholders for each affected sector before making regulations, including relevant trade unions, employers, Government Departments and Select Committees.
Amendment 114, page 5, line 25, leave out
“such persons as the Secretary of State considers appropriate”
and insert—
“(a) the Scottish Trade Union Congress,
(b) the Trade Union Congress,
(c) the Irish Congress of Trade Unions,
(d) all trade unions entered on the list maintained by the Certification Officer under Section 3 of the Trade Union and Labour Relations (Consolidation) Act 1992,
(e) the Scottish Parliament,
(f) Scottish Ministers,
(g) Senedd Cymru,
(h) Welsh Ministers,
(i) the Northern Ireland Assembly,
(j) the Northern Ireland Executive, and
(k) such persons as the Secretary of State considers appropriate.”
This amendment would mandate consultation with all relevant trade union bodies, individual trade unions, the Scottish Parliament, Senedd Cymru, Northern Ireland Assembly, and allow the Secretary of State to consult others.
Amendment 53, page 5, line 26, at end insert—
“(1A) For the avoidance of doubt subsection (1) is without prejudice to the obligations of the Secretary of State in section 234BC (duty to consult Devolved Administrations) and section 234BD (duty to consult Social Partners).”
This amendment is linked to Amendment 41.
Amendment 24, page 5, line 26, at end insert—
“(1A) In particular, the Secretary of State must consult elected mayors of Greater London and of Combined Authorities in respect of minimum service levels for services for which they have responsibility.”
The intention of this amendment is to ensure that elected mayors with strategic responsibilities for transport, for example, are included in the consultations before minimum service levels are set.
Amendment 7, page 5, line 39, leave out
“(as well as by consultation after that time)”.
The intention of this amendment is to require that the consultation may be satisfied only by consultation completed before the passing of the Act.
Amendment 6, page 5, line 40, at end insert —
“(6) Any consultation carried out by the Government under this section must be published within six weeks of the day on which this Act is passed.”
The intention of this amendment is to require that the Government makes public any and all consultations.
Amendment 18, page 5, line 40, at end insert—
“234FA Impact assessment of this Part
(1) The Secretary of State must conduct a review into the impact of this Act on each the categories listed in section 234B(4), with regard to—
(a) recruitment of new staff,
(b) retention of existing staff, and
(c) the provision of adequate staffing levels in the long-term.
(2) The Secretary of State must a lay a copy of the report under subsection (1) before both Houses of Parliament no later than six months after the day on which this Act is passed.”
This amendment would require the Secretary of State to conduct a report into the impact of the Bill on recruiting staff, retaining staff and the provision of adequate staffing levels in the long-term.
Amendment 19, page 5, line 40, at end insert—
“234FB Impact assessment of this Part (No. 2)
(1) The Secretary of State must conduct a review into the impact of this Act on—
(a) numbers of working hours lost attributable to the operation of this Act, and
(b) the total cost to the Exchequer of litigation arising from legal challenges to this Act over the first 12 months after the day on which this Act is passed.
(2) The Secretary of State must a lay a copy of the report under subsection (1) before both Houses of Parliament no later than 18 months after the day on which this Act is passed.”
This amendment would require the Secretary of State to conduct an impact assessment on the working hours lost, and costs to government of legal challenges, incurred as a result of the Act.
Amendment 54, page 6, line 2, at end insert—
“‘senior Minister of the Crown’ means—
(a) the First Lord of the Treasury (the Prime Minister),
(b) any of Her Majesty’s Principal Secretaries of State, and
(c) the Commissioners of Her Majesty’s Treasury.”
This provision is based on the Civil Contingencies Act 2004: see Amendment 41.
Amendment 55, page 6, line 9, leave out paragraphs 3 to 5.
The purpose of this amendment is to ensure that trade unions do not incur delictual or tortious liability where there is a failure to take reasonable steps to ensure workers fail to comply with work notices.
Amendment 1, page 6, line 29, leave out paragraphs 6 to 10.
This amendment would preserve existing protections from unfair dismissal, including for an employee who participates in a strike contrary to a work notice under this Bill.
Amendment 78, page 6, line 33, leave out paragraph 8.
This amendment would remove the Bill’s intention to remove protection against unfair dismissal for workers who refuse to work on strike days.
Amendment 58, page 7, line 4, at end insert—
“(ab) however, where the industrial action is a strike relating to the provision of a particular service, an employee who takes part shall be treated as having taken part in protected action if the only reason why the action is not protected in accordance with subsection (1) is that the union has failed to comply with section 234E above.”
This amendment would ensure that unfair dismissal protection for participating in industrial action is retained where the union has failed to take reasonable steps in accordance with section 234E.
That the schedule be the Schedule to the Bill.
Amendment 57, in the title, line 1, leave out
“about minimum service levels in connection with the taking by trade unions of strike action relating to certain services”
and insert—
“to make provision for workers in specified services to be subject to compulsory work notices contrary to their decision to withdraw their labour in an industrial dispute”.
The intention of this Amendment is to re-phrase the long title of the Act.
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