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UK Government warned new strikes law could breach European Convention on Human Rights

06 Mar 2023 3 minute read
Ambulance workers on the picket line. Photo Jordan Pettitt PA Images

MPs and peers have urged ministers to think again about a controversial new strikes law, warning that the legislation would likely put the UK in breach of the European Convention on Human Rights.

A new report, by the Joint Committee on Human Rights made up of peers and MPs, warns Rishi Sunak’s Government that the Strikes (Minimum Service Levels) Bill is likely to be incompatible with the ECHR.

The proposals, which moved rapidly through the Commons and are now in the House of Lords, aim to ensure there are minimum working standards during strike days across six sectors, including health and transport.

But the plans have been attacked by trade unions, while Labour has promised to repeal it if it wins power.

The proposed legislation does not set out what the minimum service levels should be, but hands ministers the power to impose minimums through secondary legislation.

In the new report, MPs and peers raise concerns that the plan would clash with requirements under Article 11 of the ECHR, which guarantees freedom of association for workers.

The committee, whose report comes as the bill is debated again in the Lords on March 9, has called on the Government to reconsider the legislation.

In a 45-page consideration of requirements under European human rights law, parliamentarians warn that “without the Government providing specific evidence establishing a pressing social need for minimum service requirements in respect of each of the very broad categories of service set out in the Bill, compliance with the requirements of Article 11 ECHR remains unclear”.

Disproportionate

As well as offering alternative proposals, the committee say that the penalties that would be imposed on trade unions for failing to comply with the Bill would be “severe”.

“In our view, they may amount to a disproportionate interference with Article 11, particularly in circumstances where the strike does not involve essential services and risks to life and limb.

“The Government should reconsider whether less severe measures, such as loss of pay or suspension from work for employees who fail to comply with work notices, could be effective.”

Committee chair and SNP MP Joanna Cherry said that the Bill needs amending to address some of the “deep flaws”.

“Heavy-handed sanctions are compounded by vague rules that would leave striking workers and unions in confusion as to whether they had been met or not.

“The sectors included in the Bill are also ill-defined, risking over-reach into areas only tangentially linked to the maintenance of vital public services. This means the Bill, in our view, is likely to be incompatible with human rights law which provides a right to association and with it, protection for strike action,” she said.

She called on the Government to “think again and come back with legislation that better respects the protections guaranteed by the European Convention on Human Rights”.


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Steve A Duggan
Steve A Duggan
11 months ago

The ‘Minimal service Level’ has been omitted on purpose. The Tories can then set it at whatever level they feel at the time, effectively blunting any strike action, making it ineffective. The whole point of striking is to affect the service and bring people to the negotiating table. The Tories want to stop people striking, end of. It will stoke up trouble if people have no means to express their concerns. Undoubtedly, sick levels will increase, more will leave their positions and vacancies will go unfilled. Ultimately, the situation will get even worse for the Tories not better.

Hayden
Hayden
11 months ago

This attempted legislation by the Tories is astonishing and just completely shameless. It’s the opposite of diplomacy, showing no will to negotiate. Makes you wonder if they have motive for provoking a repeat of the Eighties. Can’t end well

Peter Cuthbert
Peter Cuthbert
11 months ago
Reply to  Hayden

They do have a motive. You need to remember that all the core people in this Tory Government are Market Fundamentalists. They adore the works of Ayn Rand and are working their socks off to see if they can achieve the condition laid out in the ‘Soverign Individual’ by Reese-Mogg (senior). Basically rights will depend upon what you can afford and if you are a Pleb, then you are of no worth and should receive nothing from the State. So we have to keep on working at encouraging people to think tactical voting (See Compass and Electoral Reform Society) and… Read more »

Last edited 11 months ago by Peter Cuthbert
Hayden
Hayden
11 months ago
Reply to  Peter Cuthbert

Thanks Peter, I’ll have a look

Charles Coombes
Charles Coombes
11 months ago

Tories going for bribery with elevtion due. They will appeal to the right and far right with anti immigration. The middle class with tax incentives and the middle ground by settling strikes and solving inflation.
There is no opposition so it will work.unless ………..

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