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Scottish Government Debate: Application of the Strikes (Minimum Service Levels) Act 2023 in Scotland

Thursday 14 December 2023 2:53 PM

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Neil Gray S6M-11652 That the Parliament considers the Strikes (Minimum Service Levels) Act 2023 to be unnecessary, unwanted and ineffective; further considers that the legislation, and any associated secondary legislation that could be applied in Scotland, encroaches on the devolved responsibilities of the Scottish Parliament in matters relating to health, transport, fire and rescue and education; notes that its measures seek to undermine legitimate trade union activity and do not respect fair work principles; recognises that trade unions are key social and economic partners in Scotland in responding to the cost of living crisis, creating a wellbeing economy and working towards a just transition to net zero; agrees that a progressive approach to industrial relations and to trade unionism is at the heart of a fairer, more successful society, and makes clear, therefore, its opposition to the Strikes (Minimum Service Levels) Act 2023 and to any associated secondary legislation that could be applied in Scotland. Murdo Fraser S6M-11652.1 As an amendment to motion S6M-11652 in the name of Neil Gray (Application of the Strikes (Minimum Service Levels) Act 2023 in Scotland), leave out from second "the" to end and insert "that the Strikes (Minimum Service Levels) Act 2023 strikes an appropriate balance between the ability to strike and the protection of lives and livelihoods; notes that most European countries have provisions in place for minimum service levels during certain public service strikes; recognises that public service employees have a right to strike, and that an element of disruption is inherent to any strike, but believes that the wider public expect a minimum level of service during industrial action; notes that the legislation currently only applies in Scotland to the reserved areas of border security, HM Passport Office and nuclear decommissioning, and does not impact on devolved responsibilities in health, transport, fire and rescue and education, considering that the Scottish Government has stated that it will not mandate minimum service levels under the legislation during a potential strike, and calls on the Scottish Government to use the powers that it has been given under the Strikes (Minimum Service Levels) Act 2023 to ensure that people in Scotland have the same protections for devolved public services in the event of a strike that those elsewhere in the UK benefit from." Daniel Johnson S6M-11652.2 As an amendment to motion S6M-11652 in the name of Neil Gray (Application of the Strikes (Minimum Service Levels) Act 2023 in Scotland), insert at end “; believes that the Act is an attack on the rights of public sector workers, and supports the Labour’s Party’s New Deal for Working People, which includes commitments to repeal the Strikes (Minimum Service Levels) Act 2023 within the first 100 days of the next UK Labour administration, to outlaw zero-hours contracts and fire and rehire practices, to deliver a genuine living wage, and to ensure day one rights to sick pay, parental leave and protection from unfair dismissal, and which has been described by the Trades Union Congress as the biggest expansion of workers’ rights in decades.”

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