I would like to draw the attention ofthe Minister and the Committee to paragraph 6. I appreciate that this is largely a mechanical set of arrangements. Assuming the trusts come through, it is all to do with the transference of obligations from the board to the trusts and the rights and so forth of the individuals employed. I want to ask a general question as the expressions that I am about to talk about are repeated in subsequent paragraphs.

Sub-paragraph (4) says:

“But if the employee informs the transferor or the transferee that he objects to the transfer...

(b) the contract of employment is terminated immediately before the date of transfer.”

Sub-paragraph (5) says:

“The employee is not to be treated, for the purposes of the Employment Rights Act 1996 (c. 18), as having been dismissed by the transferor by reason of—

(a) the transfer of the contract of employment under the scheme; or

(b) the termination of the contract of employment under sub-paragraph (4)(b).”

If I were an employee of a board and objected to myself or my functions being transferred to a non-state provider, my contract would therefore be terminated and I would not be considered as having been  dismissed. What would I be considered as? Redundant? Reassigned? Moved? Surplus to requirements? It is important for us to know the Government’s thinking behind the contractual arrangements between an individual and his employer. The same point applies to later paragraphs: those who are to be transferred against their wishes need to be given clarity, and those who do not wish to be transferred need to know what their rights are.