Mr. John Smith:

Substantial representation has always been a bugbear. It will be very difficult to define it. We do not need to set it up as a target to be reached. If we were to do so, it would allow groups to come together, get to 49%, declare themselves substantially representative of the industry and try to reach a legally binding agreement.

It will be difficult to define what constitutes substantial representation. Others will say 20% of employees could be substantially representative of an industry. That percentage could become a target, however, and once it is reached, it could be set down in law and we would all be bound by it, but a year later if 2% of the employees in an industry retire or whatever and the representation falls under that percentage target, where do we go from there? It is great wording but it creates doubt and confusion. It is a difficult concept to define and I do not know who will do that.