Strikes (Minimum Service Levels) Bill returns to the Lords

2 June 2023

JUN

2

2023

The Strikes (Minimum Service Levels) Bill returns to the Lords for consideration of Commons amendments in ‘ping pong’, on Thursday 8 June.

The Strikes (Minimum Service Levels) Bill aims to implement minimum service levels (MSLs) in certain specific services during periods of strike action.

Consideration of amendments

The bill was considered by the House of Lords between 31 January and 9 May 2023, before returning to the House of Commons.

Members of the Lords will now consider Commons reasons for disagreeing to Lords amendments to the bill. The House of Commons has disagreed to Lords amendments on:

• consultations on the powers of the bill 
• protections for employees who have received a work notice.

How to follow

• Read the list of Commons reasons (PDF)
• Watch live on Parliament TV  from 11.45am
• Read the Lords Hansard transcript (available from three hours after the debate)

Explore further information

Read background on the bill in the House of Lords Library Strikes (Minimum Service Levels) Bill briefing.

What's happened so far?

Third reading: Tuesday 9 May

Third reading is the chance for members to ‘tidy up' a bill, making small changes to ensure it is effective.  

Two technical amendments (changes) were put forward ahead of third reading and agreed to without a vote. Members also discussed the progress of the bill at the conclusion of its Lords stages.

Catch up

• Read the text of proposed changes (PDF)
• Catch up on Parliament TV
• Read the Lords Hansard transcript

What's happened so far?

Report stage: Wednesday 29 April

Report stage is an extra chance for members to closely scrutinise elements of the bill and make changes.

Proposed changes 

Members speaking at report stage put forward amendments (PDF) (changes) to the bill to be discussed. 

These amendments covered a range of subjects, including application of the new law to England, Scotland and Wales, consultation on the impact of minimum service levels and protections for trade union members. 

Lords divisions

There were four divisons (votes) on proposed changes to the bill.

Parliamentary review of government powers

The first vote was on amendment 1, which ensures that the government does not exercise its power to specify minimum services until such powers have been scrutinised by a committee of each House of Parliament, who would consult with government ministers, trade union representatives and other relevant parties as part of their review.

Members voted 221 in favour and 197 against, so the change was made.

Protection of employees

The second vote was on amendment 4, which ensures that if an employee fails to comply with a 'work notice' (a written order given to a trade union by an employer citing minimum service levels during strike periods) that this would not be considered a breach of contract nor grounds for dismissal.

Members voted 232 in favour and 201 against, so the change was made.

Protection of trade unions

The third vote was on amendment 5, which removed a section of the bill enabling employers to seek damages against a trade union which fails to take reasonable steps to ensure employees comply with work notices.

Members voted 220 in favour and 196 against so the change was made and the section was removed.

Extent of new law

The final vote was on amendment 7, which ensures that this new law is limited to England only and does not apply in Scotland or Wales.

Members voted 213 in favour and 184 against, so the change was made.

Catch up

• Watch the Parliament TV recording
• Read the Lords Hansard transcript

Committee stage day two: Thursday 23 March

Committee stage is the first chance for line by line examination of the bill.

Proposed changes 

Members speaking on day two of committee stage put forward amendments (PDF) (changes) to the bill to be discussed. 

These amendments covered a range of subjects, including: 

• the UK's obligations under the European Convention on Human Rights
• a requirement to attempt to settle disputes by other means before work notices are issued
• protections for employees.

Catch up

• Catch up on Parliament TV (part one and part two)
• Read the Lords Hansard transcript (part one and part two)

Committee stage day one: Thursday 9 March

Members speaking on day one of committee stage put forward amendments (PDF) (changes) to the bill to be discussed. 

These amendments covered a range of subjects, including: 

• whether the bill meets the UK's human rights obligations
• the impact of the draft law on existing disputes
• which services will be affected by the draft law
• parliamentary scrutiny and the range of powers given to ministers
• safe staffing levels for the NHS.

Catch up

• Watch live on Parliament TV (part one and part two)
• Read the Lords Hansard transcript (part one and part two)

Second reading: Tuesday 21 February

During second reading, members discussed the main issues in the bill and drew attention to specific areas where they think amendments (changes) will be needed.

Topics covered during the debate included: 

• threats to workers' rights
• impact of strikes on public safety
• powers awarded to government ministers and opportunity for parliamentary scrutiny.

Lord Callanan (Conservative), Parliamentary Under Secretary of State at the Department for Energy Security and Net Zero, opened the debate and responded on behalf of the government.

Members speaking in the debate included:

• Lord Allan of Hallam (Liberal Democrat), former opposition spokersperson for Trade and Industry
• Lord Balfe (Conservative), former Conservative party envoy to the Trade Union Movement
• Baroness Donaghy (Labour), former president of the Trades Union Congress
• Lord Judge (Crossbench), former Lord Chief Justice of England and Wa