Derek McDowell (Labour)

I am still not quite clear that the guarantee set out in section 12(9) is as solid as the Minister clearly believes it is. The subsection states: "Save in accordance with a collective agreement negotiated with any recognised trade union." It then goes on to state that the conditions of workers will be no worse than they had been. However, section 12(11) states that without prejudice to subsection (9) the form of any new collective agreement shall be the subject of discussion for a period of not more than six months. What it does not say is what happens in the event that there is no agreement within that period of six months. It appears to envisage that there will be agreement on new terms and conditions within six months, but that is by no means a given. Neither is it clear whether the guarantee is only good for six months. It is possible to infer that, having sat down with the trade unions for six months and having failed to reach agreement, management would take back the power to establish the terms and conditions. That may not be governed by subsection (9) which on the face of it appears to give guarantees.