Local Transport Bill [HL]

I have tabled Amendment No. 60 in this group. The introduction of the TUPE provisions in Clause 38, following consultation on the draft, seems sensible if it works. The noble Lord, Lord Rosser, has outlined the TUPE problem far better than I could. As I understand it, there has to be both an economic entity transferring and an equivalent job available. In the case of only part of a depot needing to transfer, and the new employer not requiring as many staff, would TUPE automatically apply? The rail industry had a pension scheme, whereby an individual’s pension rights are protected regardless of employer on the transfer of a rail franchise between companies. The noble Lord, Lord Rosser, touched on that. Is this not the same principle as that involving the franchise of a bus network, or part thereof? My amendment would similarly protect the pension rights of individuals when setting up a quality contract. That would provide security to employees in the industry, which is surely in the interests of fairness. It would also prevent any unnecessary interference in the process by employees fearful of their pension rights. We want the costing of including pensioners to be part of the consultation when deciding to propose setting up a quality contracts scheme. Operators would have to take this into account when placing their bid. No doubt the Minister may say that the Government will want local authorities to specify TUPE-style requirements that go beyond the minimum requirements set out in the Bill, but some clarification of where the Government stand on this issue would be helpful and would provide security to employees in the industry.