Government watchdog labels Minimum Service Levels Bill ‘not fit for purpose’

The ‘anti-strikes’ Minimum Service Levels Bill has been judged as not fit for purpose by an independent body tasked with assessing proposed legislation.

The Regulatory Policy Committee (RPC) criticised the government’s impact assessment of the Bill, saying it had failed to consider all impacts of the policy and that some of its claims were not backed up with evidence.

Union leaders have labelled the bill ‘pointless, spiteful and poorly thought-through,’ while Labour has accused the government of a “complete dereliction of ministerial duty”.

It comes after the government and Royal College of Nurses published a statement last night confirming that they will enter pay talks to resolve the ongoing dispute, with the next round of industrial action paused while negotiations take place.

‘Not fit for purpose’

The RPC has criticised the government for failing to consider the impact of the minimum service levels legislation on small and medium sized businesses, or consider how it could actually make strikes worse.

It also criticised the impact assessment for citing international examples that are not properly justified, and making assumptions without suitable evidence, including the use of sources that are almost a decade old.

Overall, the RPC gave the impact assessment a ‘Red-rating,’ deeming it to be not fit for purpose.

A ‘Red-rating’ means that the RPC has “major concerns over the quality of the evidence and analysis” informing the government’s decision to move forward with the legislation.

The RPC also noted that it received the government’s impact assessment for the report “several weeks after the Bill had been introduced to Parliament”.

Angela Rayner, Labour’s Deputy Leader, described the judgement as “damning”. The Shadow Future Work Secretary said: "Tory ministers have failed utterly to do due diligence on this shoddy, unworkable policy, breaking their own rules and failing to provide evidence for their claims. Clearly the government is trying to hide the severe and disproportionate impacts its legislation will have on small businesses.

"It’s little wonder they’re trying to rush this legislation through Parliament because not one bit of it stands up to scrutiny. This is a complete dereliction of ministerial duty."

What is the Minimum Service Levels Bill?

If passed, the legislation would allow the business secretary to write regulations which mandate some form of minimum service level in healthcare, the fire service, education, borders and on the railways.

The law would allow employers to give employees a ‘work notice’ which would identify people who are required to work. If workers fail to comply with this notice, they can be fired and unions can be sued.

A number of legal experts have criticised the proposed legislation as amounting to forced labour, and said it would be in violation of international law. Trade union leaders have reacted furiously to the proposals, and the Labour Party has committed to opposing the bill.

While the government has tried to claim that the policy is supported by the International Labour Organisation and similar measures are already in place in other European countries, legal experts have taken issue with this.

General secretary of the Trade Union Congress (TUC) Paul Nowak, said, “It is telling that the government’s own independent watchdog has given ministers the red card on this Bill – and labelled it ‘not fit for purpose’.

“Ministers must come clean about the true nature of this nasty Bill. They must not be allowed to duck scrutiny.”

Unison general secretary Christina McAnea said: “Everyone could see through this pointless piece of legislation from the off. It’s spiteful, poorly thought-through and simply seeks to demonise dedicated public servants.

“It’s a pity ministers haven’t invested as much energy into solving the disputes. Instead they’ve opted for petty attacks on key workers and their unions.

“Rather than worsening industrial action with laws no one needs or wants, ministers should be throwing the kitchen sink at solving the disputes.”

Business Secretary Grant Shapps said: ”The first job of any government is to keep the public safe. Because whilst we absolutely believe in the ability to strike, we are duty-bound to protect the lives and livelihoods of the British people.

“I am introducing a bill that will give government the power to ensure that vital public services will have to maintain a basic function, by delivering minimum safety levels ensuring that lives and livelihoods are not lost.

“We do not want to have to use this legislation unless we have to, but we must ensure the safety of the British public.”

NationalWorld contacted BEIS for comment on the RPC’s assessment.