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Chamber

Meeting of the Parliament 14 December 2023

14 Dec 2023 · S6 · Meeting of the Parliament
Item of business
Strikes (Minimum Service Levels) Act 2023

I refer members to my entry in the register of interests, as I am a member of the trade union Unison and I hold a bank nurse contract with NHS Greater Glasgow and Clyde.

Because of the Westminster cost of living crisis, which means that many people’s wages are not keeping pace with increases to their cost of living, and given that that is coupled with years of Tory austerity, people across the UK have been striking in record numbers. Workers in almost every sector have come together to demand better pay and conditions.

Just as the right to work is a fundamental human right, exercising the right to strike is a fundamental liberty that is available to most workers. However, a change in the law by the Westminster Tory Government threatens that liberty for workers in some of our most vital public services.

Under plans that have been announced so far, the Strikes (Minimum Service Levels) Act 2023 will impact on workers in rail services, ambulance services and border security by stipulating minimum service levels in those sectors. The UK Government has also been consulting on the introduction of regulations on minimum service levels for hospital-based health services in England, Scotland and Wales during strike action. Notwithstanding the impact on workers, the 2023 act ignores the devolution settlement and fails to recognise the Scottish Government’s authority in devolved areas.

The act is just the latest Tory attack on workers’ rights. As I started my working life, I had my first experience of exercising my right to withdraw my labour in 1984, when Thatcher’s Government removed trade union rights at GCHQ. Union members were told to resign their membership or be sacked. I was proud then, as I remain now, of the tenacity of the workers who were involved and their families and of the solidarity of the whole trade union movement.

That was not Thatcher’s only foray into reducing the powers of trade unionism in the UK. Her Government restricted the right to picket, prevented unions from bringing out their members in support of other unions and introduced ballots for strike action. In 2016, the then Tory Government enacted higher thresholds for success on ballots and extended the notice that was required for industrial action.

Now we face yet another crackdown on workers’ protections through the 2023 act. The Scottish Government will—rightly—do everything that it can to oppose this appalling piece of anti-worker and anti-trade union legislation, which will undermine, not enhance, industrial relations. Instead of demonising workers and continually limiting their ability to take industrial action, the UK Government should give those in the public sector fair wage rises and proper terms and conditions, while providing additional funding across the devolved nations to support fair pay awards.

As we have heard again today, Labour has said that it will repeal the legislation in its first 100 days of government, which I would welcome. However, Sir Keir Starmer has U-turned on previously announced policies almost every other week, so members must forgive me for not trusting what Labour says. As Labour continues to move to the right in order to appeal to Tory voters, who knows what other progressive proposals will end up on the Labour scrapheap?

Labour does not have the best record. Other than overturning the ban on trade union activity in GCHQ, which I mentioned, Labour Governments have kept most of the restrictions on union activity that successive Tory Governments have imposed.

In the same item of business

The Deputy Presiding Officer (Liam McArthur) LD
The next item of business is a debate on motion S6M-11652, in the name of Neil Gray, on the application of the Strikes (Minimum Service Levels) Act 2023 in S...
The Cabinet Secretary for Wellbeing Economy, Fair Work and Energy (Neil Gray) SNP
Today, I seek the Parliament’s support for the Scottish Government’s continued opposition to the Strikes (Minimum Service Levels) Act 2023 and any associated...
Daniel Johnson (Edinburgh Southern) (Lab) Lab
The cabinet secretary is quite right that at the heart of this is the role of trade unions in representing workers, but is there not a much more fundamental ...
Neil Gray SNP
Absolutely—I whole-heartedly agree. Daniel Johnson and I share that principle, which is why I hope that we can secure Labour’s support for the motion at deci...
The Deputy Presiding Officer LD
I advise the chamber that there is a bit of time in hand for this afternoon’s debate. I call Murdo Fraser to speak to and move amendment S6M-11652.1, for ar...
Murdo Fraser (Mid Scotland and Fife) (Con) Con
I will start with two expressions of regret in relation to this afternoon’s debate. First, I am very sorry that I am not able to be in the chamber in person ...
Neil Gray SNP
First of all, I wish Murdo Fraser well. Having seen him the morning that he injured himself, I can understand why he would be housebound. I wish him well for...
The Deputy Presiding Officer LD
I can give you the time back, Murdo Fraser.
Murdo Fraser Con
I thank the cabinet secretary for his very kind words. I hope to be back in the chamber next week. In relation to the point about the impact on devolved mat...
Neil Gray SNP
In that case, how does Murdo Fraser explain the consultation that is currently under way on the education front, which includes schools, colleges and univers...
Murdo Fraser Con
The cabinet secretary surely understands that the notices are a matter for the employer. In this case, the employer is the local authority or the Scottish Go...
Daniel Johnson Lab
Will the member take an intervention?
Murdo Fraser Con
I am not going to take another intervention at this stage. I have taken two, and I need to make some progress. The Government has to strike an appropriate b...
The Deputy Presiding Officer LD
Thank you, Mr Fraser. I, too, wish you a speedy recovery. I call Daniel Johnson to speak to and move amendment S6M-11652.2, for around six minutes. 15:15
Daniel Johnson (Edinburgh Southern) (Lab) Lab
I remind members of my entry in the register of members’ interests and my declarations regarding trade union membership. It was somewhat striking that Murdo...
Brian Whittle (South Scotland) (Con) Con
Will the member take an intervention?
Daniel Johnson Lab
I will in a moment. Fundamentally, the Conservative Party has been seeking to wind back the clock and invoke memories of Longbridge and industrial dispute. ...
Brian Whittle Con
Does Daniel Johnson recognise the fact that he and I are both in opposition at the moment?
Daniel Johnson Lab
It will be interesting to see what 2024 brings. What I have to say about the legislation is threefold: it is wrong in effect, it is wrong in its analysis an...
Liam Kerr (North East Scotland) (Con) Con
The member seems keen to argue about the UK situation and UK legislation, notwithstanding that we are in the most powerful devolved Parliament in the world. ...
Daniel Johnson Lab
South Edinburgh is well served by Mr Ian Murray, and I would not want to get in his way as he seeks to fight the next election. Let me be clear: the legisla...
The Deputy Presiding Officer LD
I sound a cautionary note about electioneering in the chamber. We have probably stayed just about the right side of that line, but it is worth a reminder. ...
Beatrice Wishart (Shetland Islands) (LD) LD
The Liberal Democrats are opposed to the application of the Strikes (Minimum Service Levels) Act 2023, and my Westminster colleagues made their opposition cl...
The Deputy Presiding Officer LD
We move to the open debate. 15:24
Clare Haughey (Rutherglen) (SNP) SNP
I refer members to my entry in the register of interests, as I am a member of the trade union Unison and I hold a bank nurse contract with NHS Greater Glasgo...
Michael Marra (North East Scotland) (Lab) Lab
If Clare Haughey supports the new deal for working people, which the STUC and the TUC back, will she vote for it by supporting Labour’s amendment?
Clare Haughey SNP
We have been accused of grievance politics by the Tory party. I am aggrieved; I do not trust what I hear from the Labour Party and I do not trust it to enact...
Monica Lennon (Central Scotland) (Lab) Lab
Will the member give way?
Clare Haughey SNP
The only way for Scotland to get rid of—for good—Tory Governments that we do not vote for and, by extension, anti-worker and anti-trade union policies is for...
Liam Kerr (North East Scotland) (Con) Con
I was a little surprised to see that we would be debating in the chamber today UK legislation that was proposed, amended and passed by the UK Parliament. It ...