On Second Reading I echoed the fear that had been expressed by Highways Agency staff that this was the first stage of a privatisation process.
Since then, the Minister has written to various Members saying that the Bill will not privatise the agency or any part of it. It is true that the Bill contains no such provision, but the staff nevertheless feel that they are being packaged up into an organisation and that the second stage will be privatisation, along with tolling.
The Minister has also given an assurance that the roads investment strategy budget will no longer be annualised, but the chief executive has made clear to staff that the revenue budget for the maintenance of the new company will be annualised. Staff fear cuts and the prospect of being transferred to a company that will be privatised in due course.
It is crucial for committed, dedicated professionals who, as was pointed out by my hon. Friend the Member for Birmingham, Northfield (Richard Burden), have done everything asked of them by this and the last Government over the years to be secure in the knowledge that they will have a job following the transfer. Both Governments have normally provided that assurance by including a reference to TUPE in legislation. In some instances, however, that may not be appropriate.
TUPE usually obtains when a group of staff have been transferred from the public sector to the private sector. When the transfer is between Government agencies, or from the Government to an agency, a formal agreement called COSOP operates. It was initiated by the last Government, and has been confirmed by this one, and it is negotiated and signed off by the Cabinet Office. My amendment 127 provides that
“if the TUPE regulations do not apply in relation to the transfer”
the transfer scheme may
“make provision which is the same or similar.”
There is real anxiety about the fact that the form of words used by the Government does not include such a provision, and hence does not abide by the agreement reached by them and by the last Government with the trade unions.
Amendment 115 refers to
“all the rights and liabilities relating to the person’s contract of employment.”
The transfer of undertakings extends beyond the basic contract of employment to a range of other assurances that should be given to staff on transfer. That is why people are worried, and I feel that we will lose some very dedicated professional staff as a result of the lack of commitment that is being given to the staff who have served us so well. I urge the Minister to reconsider, and to translate into the Bill a form of words that has been used in every other Bill, relating either to TUPE or to similar arrangements. If he does not do so, the staff will remain anxious and concerned.