HC Deb 05 July 1999 vol 334 cc388-9W
Mr. Peter Bradley

To ask the Minister for the Cabinet Office what progress has been made on the Government's policy to protect the terms and conditions of public sector staff when they transfer to a new employer; and if he will make a statement. [90060]

Mr. Kilfoyle

I have today published for public consultation a Statement of Practice for Staff Transfers in the Public Sector which should ensure that Public Private Partnership (PPP) deals and modernisation within the public sector go forward smoothly and guarantee fair and consistent treatment of employees rights—utilising the Transfer of Undertakings (Protection of Employment)—TUPE—Regulations. The publication of this Statement reaffirms our commitment in the Modernising Government White Paper to support staff by presuming TUPE protections apply

PPPs and organisational change within the public sector have a key part to play in delivering high-quality modern public services. I want future PPPs and organisational change to be conducted with the presumption that the protections of TUPE will apply unless there are genuinely exceptional reasons not to do so, ensuring that staff involved are treated fairly and consistently and their rights protected. Clarity and certainty about the treatment of staff involved in the modernisation of the public sector is fair to staff, employers, contractors and taxpayers alike. The new Statement of Practice is designed to achieve this aim across the whole public sector

The Statement of Practice, which includes the Chief Secretary's new policy for protecting pensions in PFI and PPP deals—14 June 1999, Official Report, column 30—will now be subject to a 3-month public consultation exercise

The Statement of Practice, following the public consultation exercise, will apply to Government Departments and Agencies and the intention is to apply it to the NHS. I hope that other public sector employers will also apply its principles, and the Government will encourage and facilitate that outcome

Copies of "Staff Transfers in the Public Sector; Statement of Practice" have been placed in the Library of the House.