Select committee: Constitution Committee

Recommendation 13

14th Report - Strikes (Minimum Service Levels) Bill Published 7 Mar 2023
Recommendation (the committee's words)
We recommend that indicative draft regulations be published during the Bill’s passage through the House so that Parliament can properly assess the Government’s interpretation of the term “minimum service levels” and better scrutinise its application to different services. Consequential powers

From: Constitution Committee, 14th Report - Strikes (Minimum Service Levels) Bill, 7 March 2023

Government response

The government responded to the whole report on 21 April 2023 (deadline 7 May 2023).

Summary written by Accountability Index from the government's response. It is not the government's own words.

The Government's response to the Constitution Committee defends the Bill's approach as a "reasonable, fair and proportionate approach" and does not accept the main recommendation to publish draft regulations during the Bill's passage.

  • On skeleton legislation, the Government says detail on services and levels is "not appropriate for primary legislation" and should be set in regulations, after consulting and "in the light of relevant evidence".
  • It says "we do not accept" the recommendation to publish draft regulations during the Bill's passage, because preparing them before consultation "would predetermine the outcome of the consultations". Regulations will need approval by both Houses.
  • On clause 3(2)(b), the Government considers the consequential power "appropriate" and "prudent", and says regulations amending primary legislation would be subject to the affirmative procedure.
  • On impact assessments, the Government "recognises" they should be included "wherever possible", but says the Bill was brought forward "at pace". On international obligations, it agrees on their importance and "firmly believes" the Bill is compatible with the ECHR.

Read the government's response ↗ Report an error