Why some Welsh politicians want to stop a new bill that could impact workers' ability to strike

The Bill returns to the Commons on Monday at the start of a week which will see the biggest day of industrial action across the UK in years. Credit: PA Images.

Welsh Labour and Plaid Cymru are working together to try to stop a controversial UK Government plan to introduce minimum service levels during strikes from becoming law here in Wales. 

If it becomes law the Strikes Bill would give the UK Government the power to set minimum service levels for health, fire, education, transport, nuclear decommissioning and border security services. 

It would apply in Wales, England and Scotland but Welsh MPs belonging to opposition parties have tabled amendments which would prevent it applying to Wales.

The Bill is expected to meet significant opposition, especially in the House of Lords, which could delay its passage. Credit: PA Images.

A UK Government spokesperson said: “We must keep the public safe, which is why we are introducing minimum service and safety levels across a range of sectors to ensure that lives and livelihoods are not lost.”

The Bill returns to the Commons on Monday at the start of a week which will see the biggest day of industrial action across the UK in years.

  • What does 'minimum service' mean?

The legislation is set to enforce "minimum service levels" in a range of sectors, covering the health service, rail, education, fire, nuclear decommissioning and border security.

It would require a proportion of union members to continue working.

Unions would be bound to follow the legislation and would risk employers bringing an injunction to prevent strikes from taking place or seeking damages if they did not comply.

Teachers, train drivers, university lecturers and security guards will all join 100,000 civil servants in walkouts on Wednesday 1st February.

Also on Wednesday, trades unions are organising protests against the Strikes Bill. They say the planned legislation would lead to workers being sacked even if they had lawfully voted to strike.

The legislation does not set out what those minimum service levels should be, or what they should be based on, but gives ministers the power to impose minimums through secondary legislation, which must be approved by Parliament.

Once the minimum service level has been set, employers will be able to issue a “work notice” to their staff, which will identify the employees required to work during the strike in order to provide that minimum service level.

  • What is a “work notice”?

They must be issued at least a week before a strike begins, unless employers and trade unions agree otherwise.

When issuing a work notice, employers must not require more people to work than are “reasonably necessary” and cannot base decision about who is needed on whether they are members of a trade union or not.

The penalties for ignoring a work notice could be steep, with workers facing the sack and trade unions vulnerable to being sued.

They will also set out the type of work those members of staff are required to do.

  • The political reaction in Wales

The Labour MP for Cynon Valley, Beth Winter, has tabled several amendments to the Bill, in an attempt to exempt Wales from it.

Ms Winter has described it as "authoritarian" to threaten to sack ordinary people speaking up against the pay cuts they face.  Credit: Beth Winter MP

Beth Winter said, “The Strikes Bill is a fundamental attack on workers' rights and trade unions, it is authoritarian and an affront to democracy to threaten to sack ordinary people speaking up against the pay cuts they face. 

“These pay cuts are being imposed on nurses, firefighters, teachers, railway workers by the government and people have had enough.”

Plaid Cymru says its amendment would prevent the UK Government from being able to alter any subsequent Senedd legislation. 

It says the bill currently includes a clause allowing that to happen without consulting the Welsh parliament. 

Liz Saville Roberts said the bill "undermines the right to strike and compromises our legislation to protect rights in Wales." Credit: PA Images.

The party’s Westminster leader, Liz Saville Roberts said, “Westminster’s anti-worker, anti-democratic and authoritarian bill goes against everything we stand for. It undermines the right to strike and compromises our legislation to protect rights in Wales.

“So called Henry VIII powers that give UK Government Ministers the powers to amend or revoke workers’ rights legislation on a whim, have no place in a modern democratic society.”

MPs from the two parties are backing each others’ amendments although they’re unlikely to succeed because the opposition parties are outnumbered by Conservative MPs.

The UK Government has said it hopes to pass the Strikes Bill before the end of the year, but the exact timetable remains uncertain.

The Bill is expected to meet significant opposition, especially in the House of Lords, which could delay its passage.

MPs are expected to spend up to six hours considering the remaining stages of the Bill on Monday, with a significant number of amendments tabled for the Bill’s committee stage.