Recommendation 2

HM Government · verbatim extract Not Addressed

Though the government has consulted with the rail industry and with trade unions extensively and has carefully considered different options for MSLs, the parent Act under which MSLs can be provided for does not include powers to undertake a pilot. The department has also considered that strike action on the rail network, in particular in the period over Christmas and New Year, in recent years has had a significant impact on passengers and the wider economy, and that it would therefore be prudent to introduce these regulations as soon as possible. This would seek to enable MSLs to mitigate the disproportionate impact of strikes as soon as possible. There is precedent for unions targeting disruption over the Christmas period. ASLEF have recently announced strike action to take place from 1–9 December 2023, and last Christmas, unions called considerable strike action from mid-December 2022 to early January 2023. This resulted in significant disruption to service levels, and there is evidence that a substantial proportion of the general public was impacted by the strikes over this period. The ONS reported that ‘nearly 1 in 5 people reported having their travel plans disrupted by rail strikes that occurred in December 2022 and early January 2023’7. With regard to economic impact, a CEBR report stated that the strikes in December and January 2023 were expected to result in considerable economic losses due to people not being able to work.8 They reported that ‘the period of heightened action between December and January is expected to see a total cost of £219.0 million in two months alone’. Subject to Parliamentary approval, we expect the Regulations laid by the Secretary of State before Parliament on 7 November 2023, to come into force before the end of the year. This will mean that in-scope employers can issue work notices to secure the MSLs set out in the Regulations, should they choose to do so, for any strike that takes place after they come into force. The department will continue to engage closely with the industry on use of the Regulations and MSLs for passenger rail. Criteria proposed by the committee for assessing success of MSLs The committee proposed three criterion that could be used to assess the success of MSLs: a) We heard that there was a risk that the introduction of minimum service regulations in the rail industry could lead to the proliferation of action short of striking or novel industrial action. It is essential that when a minimum service level for rail is implemented, industrial disputes are neither prolonged nor increased, and novel industrial action does not proliferate. b) We heard that the key passenger requirement from the railways is reliability. Minimum service regulations must result in greater passenger satisfaction on strike days than at present, with access to clearly communicated information, and greater certainty, further in advance than at present about travel on strike days. c) Longer term, a minimum service level can only be successful if it results in more effective cooperation and better working relationships between rail unions, the industry and government.