Of course.
It is our intention that exercise of the reserve power will not even be considered before there are at least two years of data from the bodies subject to the publication requirement. Following the publication of the second year’s data, should a particular employer’s facility time be a cause for concern, having regard to all relevant factors, the Minister will send and publish a letter to the employer drawing attention to the concerns. The employer will have the opportunity to set out the reasons for the level of facility time. They will then have at least a further year from the date the Minister notifies it of concerns to make progress on its facility time levels. Nothing will be done until a third year’s data have been published. Only then will the Minister be at liberty to exercise the reserve power and make regulations to cap facility time for those employers.