My Lords, the two amendments in this group in my name are on the same issue—one relates to advanced quality partnerships and the other to franchises. They simply relate to the pre-consultation process. In new Section 113G(3), there is a list of everybody that,
“the authority or authorities must consult”.
They include a wide range of people. I am not disputing that any of them should be excluded from that list. Obviously, the operators, the users, the local authorities, the traffic commissioner, the chief of police and the
Competition and Markets Authority should be there, but it does not include the workers or any representatives of those workers.
In previous discussions, we have heard of the importance of the skill of the drivers and the way in which they deal with passengers—particularly disabled passengers, but passengers in general. It is not just the drivers. The maintenance department is required to keep the vehicles up to scratch without encountering safety issues. The workers in that industry know the problems; they know how the old system works and, if there are proposals to change it, they will have a view on whether those changes are desirable, viable and workable. For the most part in this industry, they are represented by trade unions and there needs to be a clause which, if not precisely in the words that I have here, needs to require the consultation to involve the representatives of these workers. It is a highly unionised sector. There are, therefore, recognised unions in most parts of the country. That is why I refer here to “recognised trade unions”. Local authorities and the department would be wise to make sure that the trade unions are included in that consultation when they are proposing change.
There are some sectors where there are no unions and there is a reference in the amendments to alternative means of representation. Some of my more purist colleagues in the trade union movement may not like that particular phrase, but I have used it because it is used in the department’s own guidance as to how consultation should be carried out in relation to changes to the existing system. It is important that, on the face of the Bill, we refer to consultation with the workers and representation of those workers. I hope it would be in roughly the form that I am proposing. The department has, in a parallel context, used it in their own secondary legislation and guidance and it is therefore important that it should be here.
There is of course the usual catch-all in the final paragraph of subsection (3), which refers to,
“such other persons as the authority or authorities think fit”.
They may or may not judge the people who are currently operating the system or might potentially do so to have been incorporated in that category. I think that we need to be explicit about it; there needs to be reference to the representatives of workers. In this industry, that is mainly recognised trade unions, and it would be wise to reflect that in the Bill. I beg to move.
9.15 pm