Medical Professionals Ought to Be Prohibited from Going on Strike, Akin to Police and Military Personnel, According to Kemi Badenoch
The Conservative Party, led by Kemi Badenoch, has announced plans to introduce new legislation that would limit the right of doctors to take strike action. This move is part of a wider strategy to protect public services, particularly the National Health Service (NHS), from disruptions caused by industrial action.
During her first visit to Washington DC in her role as Trade Secretary, Badenoch is set to make a speech at a free market think tank. She has been vocal about her criticism of the British Medical Association (BMA), accusing it of being "out of control" due to 11 walkouts in the past 18 months.
The proposed legislation would surpass similar laws in countries like Germany and France in terms of restrictiveness. It aims to extend the restriction on striking to doctors by amending the Trade Union and Labour Relations (Consolidation) Act 1992. Under the new rules, doctors, including resident doctors, would be exempted from sections of the 1992 Act that currently regulate industrial action.
However, doctors would still be able to unionize through the BMA and could take limited action short of striking, such as working to rule or refusing overtime.
The Shadow Health Secretary, Stuart Andrew, has backed the plans, calling for firm action against the BMA. He stated that the Conservatives are calling time on the strikes and would support plans to prevent future strike action by doctors. Andrew criticized the Labour Government for not being serious about cutting waiting lists and delivering a health system the country deserves.
Legal experts have warned that any attempt to restrict strike action by doctors could face court challenges under human rights law, specifically Article 11 of the European Convention on Human Rights. The UK currently has no automatic mechanism to suspend or terminate strike action that endangers public safety or welfare, unlike Australia under its Fair Work Act 2009.
The Conservatives also plan to introduce mandatory minimum service levels across essential sectors, including health, education, and transport. This would ensure that critical services continue to operate even during industrial action.
In the latest results, Kemi Badenoch is in a virtual tie for the next Conservative leader with Liz Truss, both having 48% of members' preferences. Penny Mordaunt is currently the favourite among Conservative party members to replace Boris Johnson as Prime Minister, with 27% of members saying she is their preferred candidate.
This move by the Conservative Party comes amidst concerns about the impact of doctor strikes on public health and the economy. Badenoch has emphasized that these strikes have cost lives, caused significant economic effects, cancelled operations, worry for families of the sick, and suffering for those who are unwell. She has accused the BMA of taking the NHS hostage and using the current government's weakness to demand more.
The Conservatives' plans to limit doctor strikes and protect public services are a significant development in UK politics. As the party gears up for potential leadership changes and the next general election, this issue is likely to remain a key talking point.
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