Doctors strikes will be banned under a Conservative government in the same way as police and prison officers, Kemi Badenoch has vowed.
The Tory party leader today announced she would amend the law to bar the protests as she insisted the British Medical Association (BMA) is ‘out of control’.
It comes following 11 strikes in the past 18 months which Ms Badenoch said had resulted in patients dying.
Her comments were made on GB News amid the ongoing five-day series of strikes by resident doctors in support of a pay claim.
Urging Sir Keir Starmer to take similar action, Ms Badenoch said: ‘The BMA has become militant, these strikes are going too far, and it is time for action.
‘Doctors do incredibly important work. Medicine is a vocation – not just a job. That is why in government we offered a fair deal that supported doctors, but protected taxpayers too.
‘These strikes will have a significant economic effect, but they will also mean cancelled operations, worry for families of the sick, and suffering for those who are unwell. We know that previous strike action by doctors even led to some patients losing their lives.
‘That is why Conservatives are stepping in, and setting out common sense proposals to protect patients, and the public finances. And we are making an offer in the national interest – we will work with the Government to face down the BMA to help protect patients and the NHS.’
Police, the military and prison officers are banned from taking strike action under the 1992 Trade Union and Labour Relations (Consolidation) Act. The Conservatives would amend this to include doctors.
Action short of a strike such as working to rule and banning overtime would still be permitted – with doctors remaining able to unionise through the BMA, like the police, which has the police federation to represent members’ interests.
Minimum service levels have also been proposed by the Conservatives, which would aim to ensure a basic service provision in not just healthcare but other essential sectors like education and transport.
The party has argued proposed changes would bring the UK in line with other nations such as Australia and Canada who have tighter restrictions on doctors strikes, as well as European nations like Greece, Italy and Portugal that have minimum service levels laws in place across their health services.
Under Australia’s Fair Work Act 2009, the Fair Work Commission is required to suspend or terminate strike action that endangers the safety, health or welfare of the population.
Attempts to block doctors’ strike action are likely to be challenged in the courts, specifically under Article 11 of the European Convention of Human Rights.
Police officers have been banned from taking strike action since 1919 when the Police Act made it a criminal offence and all armed forces members are bound by the King’s Regulations which make unionisation illegal.
The Conservatives’ proposed primary legislation would restrict the ability of for doctors at all levels to engage in strike action as regulated by the Trade Union and Labour Relations (Consolidation) Act 1992.
This would be done through exempting doctors from the part of the act that gives the right to strike.
The Conservatives said they will also look at introducing back-to-work orders in a similar vein to other European countries.
Stuart Andrew MP, Shadow Health Secretary, said: ‘The Conservative Party has always respected the important work that healthcare professionals do, but enough is enough.
‘The BMA has taken our NHS hostage and used this Labour Government’s weakness to demand more and more – with taxpayers and patients left to suffer the consequences.
‘As our health service faces yet another round of damaging strike action, the Conservatives are calling time. If Labour were serious about cutting waiting lists and delivering the health system our country deserves, rather than just kowtowing to the unions, they would back our plans.’
