Committee (9th Day) (Continued)

Part of Public Bodies Bill [HL] – in the House of Lords at 10:30 pm on 9 March 2011.

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Photo of Lord Whitty Lord Whitty Labour 10:30, 9 March 2011

My Lords, I appreciate much of what the Minister has said about the approach of the Cabinet Office advice and what is going on in anticipation of various changes. Of course, we are not at a point, in most cases, where the exact format of the change is clear because we have to go through a period of consultation in association with the secondary legislation. However, I am slightly disappointed that he is not prepared to accept this amendment, because I had seen Clause 23(5), which referred to this, and my amendment was intended to be a rather clearer exposition of that principle and is the formulation that has been used on past occasions. It is true that people will find themselves employed by a new body and that there could be a redundancy very rapidly, but that has been the situation in both the private and the public sector, and is what is laid down in the TUPE regulations for a lot of situations and has happened in past public sector mergers.

The difficulty for me being able to be sufficiently reassured by the Minister's words and by Clause 23(5)(f) is the question why, if on previous occasions, legislation has provided for a pretty unambiguous form of wording that I have outlined in this amendment, we could not use a similar form of words in here. I think that would be greater reassurance to the staff and trade unions that are having to deal with potential changes of employer. I do, however, accept the good intentions of the Government, and the Minister in particular, and will not press this amendment. I will consider his words carefully to see whether I need to bring it back at a later stage. I beg leave to withdraw the amendment.

Amendment 105A withdrawn.

Clause 7 agreed.

Clause 8 : Matters to be considered

Amendment 106 not moved.

Amendment 106A

Moved by Lord Newton of Braintree

106A: Clause 8, page 4, line 8, at end insert-

"( ) fairness, openness, transparency and justice;"