Part of Higher Education Bill – in a Public Bill Committee at 10:15 am on 10 February 2004.
I think that I can give the hon. Gentleman the assurance that he seeks. However, he does not need to carry the amendment to achieve the effect that he wants. Incidentally, the TUPE regulations stem from the acquired rights directive, and it is rather ironic that the Opposition, when in government, fiercely opposed that directive. However, I accept that times change and that we now have champions of trade union rights in the Opposition. As John Lennon once said:
''A working-class hero is something to be.''
I am heartened by the interest shown in the matter. Clause 5 will ensure that there can be no ambiguity about pensions. However, it is worth mentioning that last year the Government included pensions as one of the issues that would be protected under a TUPE transfer; previously they were not covered, so that was an important development. However, to remove any doubt, we have dealt with pensions in a separate clause.
When the AHRB was created, it was itself subject to a TUPE transfer. That worked well and the AHRB is determined that when it becomes a council it will do the same thing.
We looked carefully to see whether anything was missing in relation to the transfer of employment rights, but there is not. All that would be achieved by adding the wording in the amendment would be to repeat the wording that is already in the Bill, because TUPE must be applied in relation to the transfer, and pensions are covered under clause 5. The hon. Gentleman can safely withdraw his amendment, because the terms that he rightly seeks are in the Bill as drafted.