Pet Abduction Bill “a desperately needed safety net” for nation’s pets, says animal charity

The UK’s biggest cat charity Cats Protection has again welcomed the Pet Abduction Bill after it cleared another hurdle through parliament yesterday.

The Bill – proposed by Anna Firth MP – will give cats and their owners greater protection in law and help prevent pet theft.

Annabel Berdy, Senior Advocacy & Government Relations Officer for Cats Protection said: “This proposed law is a desperately needed safety net for the nation’s pets, helping to stamp out the criminals who prey on much-loved animals.

“Pet abduction is a particularly nasty crime, often leaving owners in permanent limbo about the fate of their pets and putting the animals themselves at high risk of mistreatment.

“Currently, the theft of an animal is regarded in law as being level with the theft of a mobile phone – and that is clearly not the case. Pets are not merely property – they are sentient beings, capable of suffering pain and fear, and are utterly irreplaceable to their owners.  

“A new and specific offence will also enable police to build an accurate picture of pet theft across England and Northern Ireland by requiring a specific log, as opposed to the current situation where pet theft is recorded as property theft.”

The charity added that the new law would help tackle the backstreet market in purebred cats and kittens, driven by a growing demand for pedigrees.

Annabel said: “More than 40 per cent of all cats obtained in the last 12 months were pedigree, and criminals will no doubt capitalise on this demand. They may target pedigree cats for onward sale, or – if they’re unneutered – keep them as breeding animals to produce litter after litter of kittens to sell.  

“We’re hugely encouraged to see the Pet Abduction Bill making such swift progress through parliament and will be working tirelessly with other animal charities and politicians to push it forwards. We cannot let this important opportunity to protect pets and owners slip through our hands.”

Cats Protection is the UK’s leading cat welfare charity and has helped an average of 157,000 cats and kittens a year over the last five years through its national network which includes around 210 volunteer-run branches and 34 centres.

New XL Bully dog safeguards to be introduced in Scotland

Owners urged to prepare for changes

The first of a two-stage approach to new legal safeguards on XL Bully dogs will come into force on 23 February subject to parliamentary approval.

From this date, it will remain legal to own an XL Bully dog but owners must ensure their dogs are muzzled and on a lead when in a public place. Selling, gifting or exchanging XL Bully dogs will also be prohibited.

Stage two of the new rules, which come into force from 31 July, will make it an offence to own an XL Bully without an exemption certificate or having applied for an exemption certificate. This means existing XL Bully dog owners will need to consider whether they wish to keep their dogs and if so will have to apply and pay for an exemption permit by that date.

Full details as to what date applications for an exemption certificate will open, how to apply and the support available will be announced in the coming weeks.

The new regulations, which are subject to approval by Parliament, are being introduced as a consequence of similar controls on the breed that have been introduced by the UK Government in England and Wales, which have resulted in reports of dogs being moved to Scotland.

Minister for Victims & Community Safety Siobhian Brown said: “It is vital XL Bully dog owners get ready for the first stage of legal safeguards that will come into force on 23 February. These new rules are intended to prevent risks to public safety and animal welfare and keep our communities safe.

“The second stage of legal safeguards will provide owners seeking an exemption an appropriate length of time to decide how to prepare for the forthcoming change in the law ahead of the 31 July deadline.

“The vast majority of dog owners are responsible animal lovers and we know owning a dog brings with it important responsibilities.  I would encourage owners to make themselves aware of the new laws and get ready for them.”

The penalties available to a court upon conviction for breach of the new safeguards are up to six months imprisonment and/or a fine up to £5,000.

Letter to Criminal Justice Committee.

The definition to be used for an XL Bully dog is the same as used by the UK Government. This can be found at: Check if a dog is an XL Bully – GOV.UK (www.gov.uk)

Local authorities have existing powers under the Control of Dogs (Scotland) Act 2010 to serve Dog Control Notices that set out what dog owners must do to bring their dogs under control to combat ‘out of control’ dogs at an early stage.

Ban on unregistered XL Bully dogs now in force in England and Wales

It is now illegal to own an XL Bully dog unless it is registered and complies with strict rules including being neutered and muzzled in public

The ban on XL Bully dogs is now in force making it illegal to own an unregistered XL Bully dog from today (1 February).

This delivers on the Government’s pledge to take quick and decisive action to protect the public from devastating dog attacks by adding the breed type to the list of dangerous dogs.

The decision was made following a concerning rise in fatal dog attacks involving the XL Bully breed type. Up until 2021 there were around 3 fatalities per year. There have been 23 since the start of 2021 – with the XL Bully being involved in many of these tragic attacks.

From today, anyone found in possession of these dangerous dogs and is not meeting the strict rules will have their dog seized and faces prosecution and a criminal record.

Environment Secretary Steve Barclay said: ““The ban on XL Bullies is now in place meaning it is illegal to own one of these dogs unless it has been registered.

“We have delivered our pledge to bring in this important measure to protect public safety, and we expect all XL Bully owners to comply with the strict conditions.”

In order to safely manage the existing population of these dogs, owners of XL Bully dogs must register their dogs and make sure they comply with strict rules.

“This includes having them microchipped, kept on a lead and muzzled when in public and, to ensure these dogs cannot continue breeding, they must also be neutered. For most dogs, this will be by 30 June, and for dogs under one year old, this should be by the end of 2024.

The Government will continue supporting the police to make sure the ban is effectively enforced, and ministers met with police chiefs this week to discuss their preparations to implement the ban.

The ban applies to England and Wales. The Scottish Government has also announced they will be bringing forward an XL Bully Ban (see above).

New law to protect vulnerable people

Making the internet safer for all

A new offence which makes it a crime to encourage or assist another person to self-harm comes into effect in Scotland today (31 January).

The offence can be committed online, in correspondence or publications, or in-person and applies regardless of whether an individual goes on to injure themselves or not. Anyone found guilty of this crime can face up to five years in prison.

It is hoped it will act as a deterrent to anyone who sets out to deliberately encourage others to self-harm and will create a safer online environment, particularly for people who may be in distress and looking for help on the internet.

Mental Wellbeing Minister Maree Todd said: “We welcome this new offence which criminalises people who encourage or assist another person to serious self-harm. It will help to make the internet a safer place for everyone.

“We believe this new law aligns with our ambitious approach on self-harm, which is laid out in our dedicated Self-harm Strategy and Action Plan. It demonstrates our ambition to improve support for people who self-harm – a critical part of which is ensuring people are protected from harmful communications.”

Samaritans Scotland Executive Director Neil Mathers said: “Samaritans Scotland welcomes new legislation to take action against those who encourage or assist another person to engage in serious self-harm.

“It is hugely important to keep people safe online and protected from dangerous content and those wishing to cause harm.

“This legislation should only apply to those who encourage self-harm in a deliberate and malicious way, and aims to deter them from targeting vulnerable people.

“The internet can provide advice, helpful information and supportive networks for people seeking help about self-harm. It is crucially important that people can access this support, while being kept safe from dangerous content and those wishing to cause harm.”

The offence under the Online Safety Act (2023) was extended to Scotland through a Legislative Consent Motion agreed in the Scottish Parliament on 29 June 2023.

The Self-harm Strategy and Action Plan was published jointly with COSLA on 28 November 2023.

Tourist Tax legislation clears first hurdle

Legislation which would give councils the power to introduce a visitor levy to raise funding for local tourism facilities and services has passed its first vote in Parliament.

MSPs have voted to endorse the general principles of the Visitor Levy (Scotland) Bill, which would enable councils to apply a levy on overnight stays in line with many tourist destinations across Europe. All money raised would be reinvested in facilities and services that are substantially used by visitors, benefitting tourists and local economies.

The proposals were backed in a Scotland-wide consultation led by the Scottish Government. Should they wish to use the powers, councils would be required to consult local communities, businesses and tourism organisations on whether a visitor levy should be brought in and how any revenue should be spent.

Representatives from the tourism industry, COSLA, the Scottish Government and other partners have formed an expert group to consider how the legislation could be best implemented if passed.

Speaking after the Stage One vote in Parliament, Public Finance Minister Tom Arthur said: “I strongly believe that a visitor levy can be a force for good, offering councils the opportunity to use the proceeds to invest in their local economy, bringing benefits to residents and visitors alike.

“This Bill is about giving local government a new power, which they can use as appropriate. It fits with our ambition of fiscally empowering local government and strengthening local democracy, and the New Deal for Business and the New Deal for Local Government are at the heart of the Scottish Government’s approach to this measure.

“We have already taken on board the helpful input we have had from business, councils and others and I am committed to continuing that meaningful and constructive engagement as we move forward.”

COSLA’s Resources Spokesperson Councillor Katie Hagmann said: “I am delighted to see the progression of the Visitor Levy Bill through Parliament.

“The introduction of visitor levy powers is a small but significant step towards maximising the revenue raising powers available to local government, enabling those closest to the community, your democratically elected councillors, the power to decide what works best for their local communities, and recognising the great diversity of needs across Scotland.

“The revenue raised by the levy has the potential to provide much-needed additional investment in our communities, in areas from the natural environment to cultural and leisure facilities, at a time when local government is facing significant strain on resources. Meanwhile, we are keen to ensure that this additional revenue stream helps us to maintain Scotland’s position as a world-leading tourist destination.

“We are fully committed to further joint work with the Scottish Government as the Bill continues its journey through Parliament, as well as continued engagement with colleagues across our important tourism industry.”

Having passed Stage One, the Visitor Levy (Scotland) Bill will be considered for line-by-line amendments by the Local Government, Housing and Planning Committee before Stage Three when the full Parliament considers further amendments and makes a final vote on whether or not to pass the Bill.

If passed, the legislation will give local authorities the power to introduce a visitor levy in all or parts of their area. The levy would be a percentage of the overnight accommodation cost, with the rate set by the local council.

The levy would be collected by the accommodation providers and remitted to the relevant local authority. It would apply to almost all types of overnight accommodation, including hotels, self-catering accommodation and campsites.

Of the 27 European Union member states, 21 charge occupancy taxes. 

New safeguards on dangerous dogs to be introduced in Scotland

‘Public safety paramount’

Tight safeguards on XL Bully dogs are to be introduced in Scotland to make it a criminal offence to own the breed without an exemption certificate.

The legislation will mirror what has been introduced by the UK Government in England and Wales, and prevent Scotland from becoming a ‘dumping ground’ for this breed.

Under the new rules, existing owners will be required to consider whether they wish to keep their dogs. If they do, they will have to apply and pay a fee for an exemption permit. This will require owners to ensure appropriate safeguards are taken for their XL Bully dogs such as muzzling when in public, being on a lead when in public, taking out insurance and neutering their dogs. 

In addition, it will be illegal to sell an XL Bully dog, abandon a dog or let it stray or give it away.

Subject to parliamentary approval, the Minister for Victims and Community Safety will make a statement to Parliament next week on these new safeguards.

First Minister Humza Yousaf said: “We recognise that the vast majority of dog owners are responsible animal lovers.

“However, now that we know the full implications for Scotland of the UK government’s measures, we are urgently bringing forward new safeguards on XL Bully dogs. It is essential Scotland is not adversely impacted because of any loopholes created as a consequence of the introduction of the UK Government’s policy in England and Wales.

“Recent reports of XL Bully dogs being moved to Scotland from south of the border are concerning and it’s important we do not become a dumping ground for the breed, leading to unacceptable risks to public safety and animal welfare.

“We will be working at pace to bring forward necessary regulations to mirror the system introduced in England and Wales as soon as possible. We will continue to engage with key stakeholders going forward and to offer practical support to help owners comply with these new safeguards.”

The UK Government announced its decision to introduce new controls on XL Bully dogs with no advance notice or consultation with the Scottish Government.

Scottish Government consults on ending conversion practices

Consultation on measures to protect people from harm

Views are being sought on planned legislation to end conversion practices which seek to change or suppress a person’s sexual orientation or gender identity.

The consultation presents detailed information on proposals for legislation in Scotland, setting out what the law would cover and how it would work in practice.

The proposed legislation seeks to prevent and respond to harmful acts while protecting existing freedoms including speech, religion and belief.

Situations that could be covered by the proposed legislation, if carried out with the intention to change or suppress a person’s sexual orientation or gender identity and which cause that person harm, include:

  • therapy or counselling that requires a person to change or suppress on their same sex attraction
  • prescribing medication to suppress a person’s sex drive
  • repeatedly or continuously controlling a person’s activities and appearance
  • repeatedly or continuously threatening or humiliating someone

Equalities Minister Emma Roddick said: “Conversion practices, which aim to change or suppress a person’s sexual orientation or gender identity, are damaging and destructive acts that violate people’s human rights. Sadly, these practices still happen today and they have absolutely no place in Scotland.

“In taking forward our commitment to ban conversion practices we are leading the way in the UK and joining the growing list of countries acting to address this harm.

“The consultation responses we receive will help us to further consider those measures we can take to stop the harm of conversion practices and protect those at risk while ensuring that freedoms – including freedoms of speech, religion, and belief – are safeguarded.”

Chief Executive at LGBT Health and Wellbeing Mark Kelvin said: “Conversion practices are widely discredited and extremely harmful and have no place in any inclusive society.

“Whilst we’d like to think that they’re a thing of the past, or not happening in Scotland, we know that some LGBTQ+ people in Scotland are still being subjected to these abhorrent practices and we welcome the Scottish Government’s leadership and action on this issue.

“Our freephone helpline is staffed by a trained team who specialise in LGBTQ+ mental health and wellbeing. Callers can expect compassionate and non-judgmental support, resources to help navigate their experiences, and referrals to other support if needed.”

The consultation runs until 2 April 2024.  

Support is available through the conversion practices helpline.

New legal restrictions on XL Bully dog now in force in England and Wales

It is now illegal to breed, sell, advertise, gift, exchange, and abandon these dogs or let them stray

New restrictions on the XL Bully dogs are now in force (31 December) making it a legal requirement for all XL Bully dogs to be kept on a lead and muzzled when in public. It is also illegal to breed, sell, advertise, gift, exchange, abandon or let XL Bully dogs stray from today.

The decision to ban XL Bully dogs was made following a concerning rise in attacks from these dangerous dogs, with 23 people sadly losing their lives after vicious dog attacks in the last three years. XL Bullies have been involved in many of these tragic deaths. 

Owners are also being urged to apply to register their current XL Bully dogs, as the Government takes action to safely manage the existing population of the breed. There is only a month left to meet the deadline when the ban comes into force on 1 February.

Owning an unregistered dog after this date will be a criminal offence, with owners who don’t facing a criminal record and an unlimited fine. Owners who do not want to keep their dogs after this date should take them to a vet to have them put down. 

If owners are unsure whether their dog could be classed as an XL Bully, they should check their dog carefully against our guidance and photo examples of XL Bully dogs to help them decide.

Environment Secretary Steve Barclay said: “The Prime Minister pledged to take quick and decisive action to protect the public from devastating dog attacks with measures in place by the end of 2023.

“We have met that pledge – it is now a legal requirement for XL Bully dogs to be muzzled and on a lead in public. It is also now illegal to breed, sell, advertise, gift, exchange, abandon or let XL Bully dogs stray. 

“All XL Bully owners are expected to comply with the law and we will continue to work closely with the police, canine and veterinary experts, and animal welfare groups, with further restrictions on XL Bully dogs coming into force on 1 February.”

The UK Government has taken a staggered approach to safely manage the existing population of XL Bully dogs, while ultimately banning the breed. 

On the 31 October, XL Bully dogs were added to the Dangerous Dogs Act, with owners given two months to prepare for the first stage of the ban.

Since the 31 December [today], it is illegal to breed, sell, advertise, gift, exchange, abandon or let XL Bully dogs stray. All XL Bully dogs must also be kept on a lead and muzzled when in public.

From 1st February all XL Bully dogs which must be registered.

From 30 June, XL Bully dogs over 1 year old must be neutered, this is extended until the 31 December for younger dogs.

NOTE: THIS LEGISLATION DOES NOT APPLY IN SCOTLAND

Legislation passed on council tax on second and empty homes

Increasing housing availability using the tax system

New powers enabling councils to charge up to double the full rate of council tax on second homes have been agreed by the Scottish Parliament. Councils will be able to increase the charges from 1 April 2024, with rates for the first year being based on those from 2023-24.

The change brings second homes into line with council tax policy on long-term empty homes and aims to increase housing availability by encouraging more homes to be used for living in.

New owners of properties that have previously been empty for more than twelve months will now have a six-month grace period, during which they will be protected from paying double the full council tax rate, with the potential for the six months to be extended by councils. This is subject to evidence that renovations or repairs are being undertaken by the owner with a view to the building being brought back into use.

Public Finance Minister Tom Arthur said: “I’m pleased Parliament has backed this important legislation. These changes to council tax were a commitment made in our Programme for Government and aim to make sure the tax system works as an incentive to prioritise homes for living in.

“A majority of those who responded to our consultation earlier this year supported councils being able to charge a council tax premium on top of regular rates for second homes.

“By protecting those renovating an empty home from paying the empty home premium, we are incentivising new ownership and giving them time to organise and undertaken the work necessary to bring it back into use.”

Councillor Katie Hagmann, COSLA’s Resources Spokesperson, said: “I am delighted that this important legislation has now been given Parliamentary approval. COSLA very much welcomes the ability for councils to take the decision to increase the premium on second homes in their areas.

“This supports our long-standing position that councillors who are closest to their communities should be empowered to take the decisions about what best works in their local communities, demonstrating the value of the Verity House Agreement.”  

The Council Tax (Variation for Unoccupied Dwellings) (Scotland) Amendment Regulations 2023

A second home is classed as any home that is not used as someone’s primary residence but that is occupied for at least 25 days in a year.

Latest figures show that at the end of September 2022, there were 24,287 second homes in Scotland.

Second homes are currently subject to a default 50% discount on council tax. However, local councils can vary council tax charges and the majority already charge second home-owners the full of council tax, the maximum currently allowed.

Holyrood Committee ‘concerns’ over Circular Economy Bill

The Scottish Government’s Circular Economy Bill has been criticised for a lack of financial transparency and accurate costings, in a report out today.

The Finance and Public Administration Committee (FPAC) doubts that the Bill complies with the Parliament’s rules on setting out “best estimates” of costs likely to arise.

FPAC Convener Kenneth Gibson MSP said: “Scrutiny of this Bill reinforces our concern that affordability does not appear to be a key factor in Scottish Government decision-making.

“The Minister, Lorna Slater MSP, has committed to consult on the cost of secondary legislation, but that should not replace an assessment of affordability at the point of a Bill’s introduction.

“Our committee is not convinced that this Bill’s financial memorandum meets the requirements set out in Parliament’s Standing Orders to provide: “best estimates of the costs, savings, and changes to revenues to which the provisions of the Bill would give rise”.

Mr Gibson continued: “We’ve seen an increasing use of ‘framework’ bills that provide government with future enabling powers. These do not, however, provide best estimates of all likely costs, and undermine parliamentary scrutiny. 

“It also risks the Parliament passing legislation which may in the end – once outcomes are fully understood – lead to significant cost increases.

“The increased use of framework bills with no clear implementation costs, poses a long-term risk to the Scottish Budget, both now and for successive governments.

“The FPAC is disappointed that Scottish Ministers have still to meet our previous recommendations or expectations around the level of financial data, clarity and transparency required.

“In the end, it will be for Parliament to decide when voting on the general principles of this framework bill, whether the outcomes it seeks to deliver outweigh any financial or affordability considerations.”

On income from fly-tipping and litter fines, the report said:

  • The assumption in this financial memorandum (FM) of a 100% payment rate for fixed penalty notices is entirely unrealistic. Therefore, given that the level of income from fines assumed in the FM is not attainable, it should not be used to ‘off set’ some of the costs of enforcement, such as in relation to fly tipping. We consider this approach to identifying potential savings to be unsatisfactory.

Updates every six months:

  • We request that the updates, committed to by the Minister in her letter of 20 November be provided to the Committee every six months. These updates should include updated information on the expenditure incurred to date, any changes in forecast costs and any savings arising from the Bill and the subsequent Act (subject to the Bill being passed) and relevant secondary legislation, until all provisions are operational.

Strike laws to be passed ‘to protect vital public services over Christmas’

  • Minimum Service Levels legislation will be passed for rail, ambulance, and border security staff to mitigate disruption if strikes called.
  • Delivers on manifesto commitment to introduce minimum service levels for rail strikes.
  • Comes ahead of further consultations to introduce minimum service levels for education, other NHS staff, and fire services.

Minimum service level regulations for rail workers, ambulance staff and border security staff will be laid in parliament to mitigate disruption and ensure vital public services continue if strikes are called, the UK government announced yesterday (Monday 6 November). 

The legislation brings us in line with countries like France, Italy, Spain, and the US where public services reliably continue during strikes. The International Labour Organisation also recognises Minimum Service Levels as a sensible solution to protect the public from serious consequences of strikes.  

The minimum service levels are designed to be effective and proportionate by balancing the ability to take strike action with ensuring we can keep our borders secure, supporting people to make important journeys including accessing work, education, and healthcare, and allowing people to get the emergency care they need.

Earlier this year, the government consulted widely on proposals to introduce minimum service levels legislation across a range of sectors, under the Strikes (Minimum Service Levels) Act which received Royal Assent in July. The responses to these consultations have been published today with the legislation set to be laid in parliament tomorrow.

For border security, the regulations will apply to employees of Border Force and selected HM Passport Office staff where passport services are required for the purposes of national security. The laws will set out that border security services should be provided at a level that means that they are no less effective than if a strike were not taking place. It will also ensure all ports and airports remain open on a strike.  

For train operators, it will mean the equivalent of 40% of their normal timetable can operate as normal and, in the case of strikes that affect rail infrastructure services, certain priority routes can remain open.

Minimum service level regulations for ambulance workers will ensure that vital ambulance services in England will continue throughout any strike action, ensuring that cases that are life-threatening, or where there is no reasonable clinical alternative to an ambulance response, are responded to.

Prime Minister Rishi Sunak said: “We are doing everything in our power to stop unions de-railing Christmas for millions of people. This legislation will ensure more people will be able to travel to see their friends and family and get the emergency care they need.

“We cannot go on relying on short term fixes – including calling on our Armed Forces or civil servants – to mitigate the disruption caused by strike action. 

“That’s why we’re taking the right long-term decision to bring in minimum service levels, in line with other countries, to keep people safe and continue delivering the vital public services that hard-working people rely on.”

Where minimum service level regulations are in place and strike action is called, employers can issue work notices to identify people who are reasonably required to work to ensure minimum service levels are met. 

The law requires unions to take reasonable steps and ensure their members who are identified with a work notice comply and if a union fails to do this, they will lose their legal protection from damages claims. 

Last year, Westminster raised the maximum damages that courts can award against a union for unlawful strike action. For the biggest unions, the maximum award has risen from £250,000 to £1 million.

Transport Secretary, Mark Harper said: “For too long, hard working people have been unfairly targeted by rail union leaders – prevented from making important journeys, including getting to work, school or vital hospital appointments.

“Minimum Service Levels will help address this by allowing the rail industry to plan ahead to reduce disruption for passengers while ensuring workers can still exercise their ability to strike. 

“An improved service on strike days will allow passengers to continue with their day-to-day lives and support businesses, particularly in the hospitality sector.”

Earlier this year, the UK government accepted the independent pay review bodies recommendations in full, providing a fair pay deal for all public sector workers. 

An agreement between the government and Agenda for Change unions earlier this year saw over one million NHS staff receive a 5% pay rise along with one-off awards worth over £3,000 for the typical nurse or ambulance worker.

For rail workers, there remains a fair and reasonable offer on the table which several unions have already accepted, one which would deliver competitive pay rises of 5% + 4% pay increase over two years.

Home Office staff in delegated grades including Border Force staff have been provided with a pay award averaging 4.5% with an additional 0.5% targeted at the lower grades.

Home Secretary Suella Braverman said: “We must never allow strike action to compromise our border security or cause significant disruption to passengers and goods at our borders.

“The Armed Forces have commendably stepped up to fill vital roles during recent industrial action, but it would be irresponsible to rely on such short-term solutions to protect our national security.

“The minimum service levels announced today will ensure a fair balance between delivering the best possible service to the travelling public, maintaining a secure border and the ability of workers to strike.”

The government continues to recognise the crucial role of NHS staff and remains committed to working constructively to end any disruption for patients, and there are currently no live strike mandates relating to ambulance trusts. However, strikes have already had a significant impact on patients, NHS staff and efforts to cut waiting lists – including over one million postponed appointments and procedures.

The Department of Health and Social Care is currently seeking evidence on expanding the scope of minimum service levels to cover other urgent and emergency hospital-based services which could include nurses and doctors. The consultation is set to close on the 14th of November.

Health and Social Care Secretary Steve Barclay said: “Patients must be protected and strikes in ambulance services could put the lives and health of the public at risk, given their essential role in responding to life threatening emergencies.

“While voluntary agreements between employers and trade unions can still be agreed ahead of industrial action, these regulations provide a safety net for trusts and an assurance to the public that vital emergency services will be there when they need them. 

“We will continue to take steps to protect patient safety and ensure health services have the staff they need to operate safely and effectively, no matter the circumstances.”

The Education Secretary has committed to introduce minimum service levels on a voluntary basis should an agreement be reached with the education unions. If a voluntary arrangement cannot be agreed, a consultation will be launched on introducing minimum service levels in schools and colleges.

Separately, the Department has also committed to launching a consultation on introducing minimum service levels in universities.

The Department for Business and Trade recently consulted on a new draft statutory Code of Practice on the ‘reasonable steps’ a trade union should take to meet the requirements set out in the Strikes (Minimum Service Levels) Act 2023.

They will also launch a consultation on removing regulation 7 across all sectors which prevents employment businesses supplying agency workers to cover the duties normally performed by a worker who is taking part in an official strike or other industrial action. These will be published in due course.

TUC slams government for “unworkable” and “irrational” anti-strike laws

  • Ministers to lay regulations today for minimum service levels in rail, the ambulance service and border security
  • Conservatives also looking to overturn ban on use of agency workers during strikes – despite “humiliating” defeat at the High Court in June
  • TUC accuses government of punishing workers “for daring to stand up for decent pay and better services.”  
  • Union body says new laws are almost certainly in breach of international law

The TUC has slammed the government for trying to railroad through “unworkable” and “irrational” anti-strike laws.

Government ministers yesterday laid regulations for so-called ‘minimum service levels’ in rail, the ambulance service and border security. Ministers have said they will be rushed into force by the end of the year.

This comes despite warnings from unions and employer groups that the plans are unworkable.

The laws will mean that when workers lawfully vote to strike they could be forced to attend work – and sacked if they don’t comply.

TUC research found a massive 1 in 5 workers in Britain – or 5.5 million workers – are at risk of losing their right to strike as a result of the Strikes (Minimum service levels) Act.

Agency worker rules

In addition, ministers will try again to overturn the ban on the use of agency workers during strikes.

In June the government was defeated in the High Court after it rushed through new laws that allowed agencies to supply employers with workers to fill in for those on strike.

The presiding judge scolded ministers for acting in a way that was “unfair, unlawful and irrational” and reinstated the ban on agency staff being used to break strikes.

But despite this rebuke – and strong opposition from unions and employers – ministers are resurrecting the plans with a new consultation.

Commenting on the extension of minimum service levels to rail, the ambulance services and border security, Paul Nowak said: “These anti-strike laws won’t work. The crisis in our public services is of the government’s own making.

“Rather than engaging constructively with unions, they are attacking the right to strike. And they are punishing paramedics and rail staff for daring to stand up for decent pay and better services.

“These new laws are unworkable, undemocratic and almost certainly in breach of international law.  

“The UK already has some of the most restrictive trade union laws in Europe.

“It is already harder for working people here to take strike action than in any other Western European country. Now the Tories want to make it even harder for people to win fair pay and conditions.

“Unions will keep fighting this spiteful legislation. We won’t stop until it is repealed.”

In September the TUC reported the government to the International Labour Organization (ILO) – the UN workers’ rights watchdog – over the Strikes Act.

Commenting on the announcement on agency workers, TUC General Secretary Paul Nowak said: “Allowing unscrupulous employers to bring in agency staff to deliver important services risks endangering public safety and escalating disputes.

“Agency recruitment bodies have repeatedly made clear they don’t want their staff to be used as political pawns during strikes. But ministers are not listening.

“Despite suffering a humiliating defeat at the High Court, they are bringing back the same irrational plans.

“This is the act of desperate government looking to distract from its appalling record.”