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Employment Agencies and Trade Unions
11 July 2022
Lead MP
Jane Hunt
Debate Type
General Debate
Tags
EconomyEmployment
Other Contributors: 22
At a Glance
Jane Hunt raised concerns about employment agencies and trade unions in the House of Commons. Other MPs contributed to the debate.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Lead Contributor
Opened the debate
Moves the draft Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022 for approval.
Alec Shelbrooke
Con
Wetherby and Easingwold
Asks the Minister about the availability of spare teachers, nurses, and train drivers to fill gaps during a strike.
Questions how the Government justifies overturning the Trade Union (Wales) Act 2017, which bans the use of agency workers in devolved services.
Rachael Maskell
Lab Co-op
York Central
Highlights that there are currently 100,000 vacancies in the NHS that cannot be filled and asks how the legislation will be fulfilled.
Offers to help out in any classroom when strikes occur due to union threats.
Barry Gardiner
Lab
Brent West
Requests the Minister for an intervention.
Grahame Morris
Lab
Easington
Rises to speak, though specific contributions are not detailed in this excerpt.
Asks the Minister whether it is right that the cap on fines for electoral fraud within the Conservative Party is lower than what she proposes for trade unions.
Angela Rayner
Lab
Ashton-under-Lyne
The proposed regulations are unworkable, anti-business, anti-worker, risk public safety, and will not prevent strikes but provoke them. There is a far more insidious side to the proposals where agency workers could be squeezed into highly skilled roles without proper training. The Government have been promising an employment Bill for years but have failed to deliver it. Under section 12 of the Employment Agencies Act 1973, the Government must consult before changing any regulation, yet they are trying to pass a consultation from 2015 that was never completed and sneaking out an updated impact assessment on the day of the debate.
Jerome Mayhew
Con
Broadland and Fakenham
Supports the statutory instruments, focusing on the need to address the diminishing effectiveness of existing legislation that limits trade union liability in tort. He argues for increasing the cap on damages from £10,000 to £250,000 based on inflation over 38 years and criticises the current low cap as ineffective. Mr Mayhew highlights the importance of maintaining a balance between protecting workers' rights to strike and holding unions accountable for illegal strikes that cause significant damage.
Chris Stephens
SNP
Glasgow Cathcart
Chris Stephens criticised the irony of Members securing workplace changes by striking and now wishing to prevent others from doing so. He questioned whether the employment agency regulations were for trade unions or the Tories, noting that similar measures during the Trade Union Bill faced criticism due to lack of consultation and evidence supporting them. Stephens pointed out that these regulations interfere with devolution, particularly in Wales and Scotland's legislative approaches. He emphasised that trade unions are not 'union barons' but representatives acting on behalf of their members. Additionally, he highlighted potential breaches of international law, including the International Labour Organisation convention No. 87, European social charter, and European convention on human rights. The speech also detailed concerns over agency workers being forced into difficult positions, potentially violating health and safety regulations, and impacting public safety. Stephens questioned practicality in a tight labour market where agency workers are unlikely to accept roles requiring them to cross picket lines. Lastly, he raised issues of compatibility with existing laws and lack of consultation with relevant stakeholders.
Natalie Elphicke
Con
Dover and Deal
Elphicke fully supports trade unions but emphasises the importance of balance between workers' rights and public needs. She criticises recent train strikes for causing disruption and financial loss, while acknowledging the right to seek pay rises. The Government's measures aim to strengthen responsibilities in resolving employment disputes without undermining workers' rights.
Paula Barker
Lab
Liverpool Wavertree
Barker argues that the Government's intention to break strikes with agency workers and bankrupt trade unions violates international law and threatens critical infrastructure. She criticises the Conservative party for undermining fundamental workers' rights and highlights the need for fair wages in a time of economic hardship.
Alec Shelbrooke
Con
Wetherby and Easingwold
Shelbrooke argues that while public sector strikes are unjust, changing rules to require service levels without addressing private sector impacts is problematic. He warns against undermining workers' rights to withdraw labour, highlighting historical benefits of collective action in improving working conditions.
Grahame Morris
Lab
Easington
Morris argues that the statutory instruments are a 'shameless ideological assault' on trade union members and will compromise safety standards. He cites the P&O Ferries incident as an example of what can happen when experienced workers are replaced by less qualified agency staff.
Craig Mackinlay
Con
Barons Court
Mackinlay supports the regulations, arguing that they do not represent a return to 1970s practices and are necessary to prevent wage-price spirals. He acknowledges the importance of trade unions but criticises their current actions for causing disruption during the cost-of-living crisis.
Hayes and Harlington
Members should not think that other workers in the airport, not implicated in that dispute, would have stood on their own. They would not have taken illegal action; it is easy for workers to find a grievance at the airport if they want to. They would have gone through the legal procedures and that airport would have been shut down. Do not tell me that agency staff can fill in for air traffic controllers, firefighters, baggage handlers who have security clearance—it takes months to get that security clearance—immigration officers and others. This is a serious piece of legislation going through tonight, and it will exacerbate industrial relations across the whole of the country. I say to hon. Members from all parts of the House to be careful what they wish for, and to be careful what they legislate for. I am fearful about what this legislation could do. It is not just the public sector that is affected, but the private sector at Heathrow and elsewhere.
The hon. Member for Glasgow South West (Chris Stephens) talked about my alleged withdrawal of labour last week. The only withdrawal of labour that the people of Stoke-on-Trent North, Kidsgrove and Talke are seeing is 70 years of failed Labour Governments, failed Labour MPs and a failed Labour-run council. By not investing in high streets, investing in heritage, building the new homes we need or creating the new jobs, the Labour party once again shows it is out of touch and is forgetting the people of Stoke-on-Trent North, Kidsgrove and Talke. I am fully supportive of the specific SI on trade unions. I welcome the Minister to her place and congratulate her on an excellent opening speech. This Government are trying to take action to ensure that if the service level is being lowered and agency workers want the opportunity, or wish to choose—it is a choice—to cross the picket line, they should have that right. It is deeply Conservative to allow people to choose.
Beth Winter
Lab
Opposes the regulations due to attacks on employment rights, low pay agenda, and conflict with devolution settlement in Wales. Rejects the regulations as unsafe, endangering public safety. Supports workers' rights and industrial action as a last resort.
Mary Foy
Lab
City of Durham
Agrees that giving workers decent pay and good terms and conditions is the easiest way to stop strike actions.
Barry Gardiner
Lab
Brent West
Concerned about safety implications for residents due to hiring unskilled agency workers. Asks Minister to report St Monica Trust to Health and Safety Executive. Highlights that employers' higher payment to strike breakers makes the union's case.
Ian Byrne
Lab
Liverpool West Derby
Expresses solidarity with workers taking industrial action as a last resort due to real-terms wage cuts, attacks on conditions and security of work. Criticises Government for defending class interests and attacking fundamental workers' rights during cost of living crisis.
Expressed gratitude to the House for considering draft amendment regulations on agency workers and an order raising damages against trade unions organising unlawful strike action. Clarified that these changes do not affect broader health and safety issues or the requirement for employment businesses to supply suitably qualified workers. Called upon Barry Gardiner to provide details of a case mentioned. Defended government's position on P&O Ferries, stating that the company had deliberately ignored statutory consultation requirements. Reiterated confidence in compliance with international legal obligations regarding trade agreements. Announced intention to repeal the Trade Union (Wales) Act 2017 for consistency across Great Britain. Concluded by emphasising the aim of supporting a balanced approach between trade unions and employers, commending these instruments to the House.
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