My Lords, this is an interesting amendment. I believe that it is possible for the noble Baroness to achieve what she wants under the terms of the Bill as it stands, but that is not entirely clear and not quite for the reasons set down in the amendment. The amendment says:
“As part of its pensions guidance function, the single financial guidance body must provide”,
et cetera. Clause 2(4) says that the “pensions guidance function” under Clause 2(1)(a) is,
“to provide, to members of the public, information and guidance on matters relating to occupational and personal pensions”.
I do not think that equity release falls within that definition. There is a separate issue as to whether it would fall within Clause 3, which says:
“As part of its pensions guidance function, the single financial guidance body must provide information and guidance”,
et cetera, but that is to do with,
“flexible benefits that may be provided to the member or survivor”.
It seems to me, on a straightforward reading of the Bill, that it would not be possible to use the pensions guidance function strand of the new body, but there seems absolutely no reason why the money guidance function could not be used for that purpose. That would be a potential quarrel I would have. The Minister may say that interpretation is too restrictive and not right, but I do not think it would preclude the noble Baroness achieving what she wants. It seems to me the money guidance function should enable guidance to be provided on assets including on equity release.
The noble Baroness, Lady Kramer, raised the question of whether the FCA regulates all these schemes. I am advised that it probably does not, but obviously there is an issue there and perhaps the Minister would respond to that. We can support the thrust of this, because I think it achieves what the noble Baroness wants, but not quite, as I understand it, in the terms of the amendment, because of the other functions in the Bill.