Ec Directive On Acquired Rights And Contracting Out

EDM number 1357 in 1993-94, proposed by Malcolm Thornton on 21/06/1994.

That this House views with concern the adverse effect which the EC Directive on Acquired Rights and the Transfer of Undertakings (Protection of Employment) Regulations 1981 are having on the contracting out of works and services by the public sector under the legislation on compulsory competitive tendering; notes the recent judgement of the Court of Appeal in Dines v Initial Healthcare Ltd (the Orsett Hospital case) which has highlighted this problem; believes the Acquired Rights Directive must provide with sufficient clarity and certainty that contracting-out through the process of CCT will not fall within its scope; notes that this directive is currently being reviewed by the European Commission; and therefore calls upon Her Majesty's Government vigorously to pursue both suitable amendments to the directive to clarify its scope and the possibility of opting-out of the said directive on the grounds of subsidiarity. (Relevant registered interest declared).

This motion has been signed by a total of 24 MPs.