§ Mr. MorganTo ask the Chancellor of the Duchy of Lancaster if he will undertake a review of market testing in the light of the European Court of Justice rulings on the validity of Transfer of Undertakings (Protection of Employment) Regulations 1981 on public sector activities which have been or could be contracted out.
§ Mr. WaldegraveNo. The general position in relation to the services which are being market tested by central Government Departments and agencies is unaffected by recent decisions of the European Court of Justice it remains the case that in some cases the regulations will apply if the service is subsequently supplied by an outside contractor; in others they will not.