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Transfer of Undertakings (Protection of Employment) Regulations 2006

My Lords, I thank the noble Lord, Lord Newby, for his support. I agree that the Government have not got this right—it is certainly not wholly right. I very much agree with the noble Baroness, Lady Turner of Camden, and the noble Lord, Lord Lea, in wanting to make sure that as many jobs as possible can be saved in a simple and effective way. I am rather disappointed with the Minister, as he would probably anticipate I would be disappointed. He said, ““Well, it is going to be uncertain. It is a matter for the courts and tribunals””. I do not know whether the Minister has read the advice of the Insolvency Service. It says that it is uncertain. I am sorry, but it is. The Insolvency Service says in its letter:"““It is inevitable that an employment tribunal will eventually determine this point””." I do not think that it is good to pass legislation which requires courts and tribunals to interpret it so that it can be put into effect. I must say to the noble Lord, Lord Lea, that our three correspondents were not slow off the mark. On 7 June 2005, they submitted a greatly detailed response that stressed that the drafting was unsatisfactory. On 23 November, when they had heard very little from the department, they telephoned the department, spoke to the lead official and asked whether they could come in to explain why they were so concerned. The official said no; the department did not want a meeting. Declining that offer of a meeting probably lies at the heart of all this; we would get this right if only the Government listened a little more. I really think I should test the opinion of the House. On Question, Whether the said Motion shall be agreed to? Their Lordships divided: Contents, 77; Not-Contents, 79.