UK Parliament / Open data

Pension Schemes Bill [HL]

Debate on bills and Committee proceeding on Monday, 24 February 2020, in the House of Lords, led by Earl Howe and Baroness Stedman-Scott.
Lords committee stage first day. Clauses 1 to 51 agreed to. Clauses 56 to 108 agreed to. Schedules 1, 2, 4 and 5 agreed to. Schedules 3 and 6 agreed to as amended.

About these Parliamentary proceedings

Reference

802 cc1-66GC 

Session

2019-21

Legislative stage

Committee stage

Procedure

New clauses

Chamber / Committee

House of Lords Grand Committee
Pension Schemes Bill (HL) 2019-21
Tuesday, 7 January 2020
Bills
House of Lords
Delegated Powers and Regulatory Reform Committee fourth report
Wednesday, 5 February 2020
Parliamentary committees
House of Lords
Deposited Paper DEP2020-0165
Tuesday, 24 March 2020
Deposited papers
House of Lords

Proceeding contributions

Lord Geddes | 802 c1GC (Link to this contribution)

My Lords, I remind the Grand Committee that if there is a Division in the Chamber while we are si...

Lord McKenzie of Luton | 802 c1GC (Link to this contribution)

Moved by

Lord McKenzie of Luton

1: Clause 8, page 5, line 19, at end insert—

“(...


Show all contributions (108)
Lord McKenzie of Luton | 802 cc1-2GC (Link to this contribution)

My Lords, in moving Amendment 1 I will speak also to Amendment 34. The latter seeks to insert int...

Baroness Stedman-Scott | 802 cc2-4GC (Link to this contribution)

I thank the noble Lord, Lord McKenzie, and the noble Baroness, Lady Sherlock, for tabling these a...

Lord McKenzie of Luton | 802 cc4-5GC (Link to this contribution)

I thank the Minister for that full reply. We never intended to press the amendments anyway. As I ...

Baroness Stedman-Scott | 802 c5GC (Link to this contribution)

I thank the noble Lord for the observations he has made. I am thrilled that noble Lords agree tha...

Lord McKenzie of Luton | 802 c5GC (Link to this contribution)

I thank the Minister for that. I stress, in agreeing about the success of auto-enrolment, that it...

Lord Sharkey | 802 c5GC (Link to this contribution)

Moved by

Lord Sharkey

2: Clause 9, page 5, line 37, at end insert—

“( ) that th...

Lord Sharkey | 802 cc6-7GC (Link to this contribution)

My Lords, this is a probing amendment to allow discussion of the intergenerational fairness of CD...

Lord Vaux of Harrowden | 802 cc7-8GC (Link to this contribution)

My Lords, I rise to support Amendments 2 and 7 and speak to my Amendment 6.

Intergeneration...

Baroness Altmann | 802 cc8-9GC (Link to this contribution)

My Lords, I support all three amendments. I have added my name to Amendment 2 —so excellently mov...

Baroness Bowles of Berkhamsted | 802 cc9-10GC (Link to this contribution)

My Lords, like others, I speak in favour of all three amendments. In fact, I signed Amendments 6 ...

Baroness Janke | 802 c10GC (Link to this contribution)

My Lords, I too signed Amendment 2, which my noble friend Lord Sharkey so ably introduced. I will...

Lord Flight | 802 c10GC (Link to this contribution)

My Lords, it will be very important to address these issues because I suspect that CDCs will beco...

Lord McKenzie of Luton | 802 c10GC (Link to this contribution)

This has been a good debate. I think we are minded to support this measure. I am not very clear i...

Baroness Stedman-Scott | 802 cc10-3GC (Link to this contribution)

I thank noble Lords for tabling these amendments linked to fairness. Concerns about fairness ofte...

Baroness Bowles of Berkhamsted | 802 c11GC (Link to this contribution)

I would like to intervene at this point because a lot has been spoken about. When there is a calc...

Baroness Stedman-Scott | 802 c11GC (Link to this contribution)

The noble Baroness is renowned for her forensic abilities. I am advised that we will need to writ...

Lord Sharkey | 802 c14GC (Link to this contribution)

My Lords, I am grateful for the Minister’s explanation and for her invitation to discuss the issu...

Lord McKenzie of Luton | 802 c14GC (Link to this contribution)

Moved by

Lord McKenzie of Luton

3: Clause 14, page 9, line 8, after “scheme”, insert ...

Lord McKenzie of Luton | 802 cc14-6GC (Link to this contribution)

My Lords, I move Amendment 3 on behalf of my noble friend Lady Drake, whose expertise noble Lords...

Baroness Stedman-Scott | 802 cc16-7GC (Link to this contribution)

I thank noble Lords for tabling the amendments. I turn first to the proposed amendments to Clause...

Baroness Altmann | 802 c17GC (Link to this contribution)

I thank my noble friend. Before we finish on this topic, I hear what is being said but what I was...

Baroness Stedman-Scott | 802 c17GC (Link to this contribution)

I thank my noble friend for her intervention. My understanding is that CDC schemes are obviously ...

Lord Sharkey | 802 cc17-8GC (Link to this contribution)

I should like to ask one or two questions about the buffer concept. It seemed to me that a lot of...

Baroness Sherlock | 802 c18GC (Link to this contribution)

May I, too, seek clarification? I was not entirely sure what the Minister was saying about where ...

Baroness Stedman-Scott | 802 c18GC (Link to this contribution)

I shall turn first to the point raised by the noble Lord, Lord Sharkey. The funding of future inf...

Baroness Sherlock | 802 c18GC (Link to this contribution)

So could it never be the case that in the event of a triggering event, such as a wind-up, an empl...

Baroness Stedman-Scott | 802 c18GC (Link to this contribution)

Noble Lords must forgive me for turning to my friends. This is my first Bill. The answer to that ...

Baroness Bowles of Berkhamsted | 802 c18GC (Link to this contribution)

Now I am confused. In the previous group, when we were talking in anticipation about buffers and ...

Baroness Sherlock | 802 c18GC (Link to this contribution)

I think this is a language question. The problem that my noble friend Lady Drake raised at Second...

Baroness Altmann | 802 c19GC (Link to this contribution)

I hope I can intervene helpfully. This is allied to the issue of data. If a scheme has to wind up...

Baroness Stedman-Scott | 802 c19GC (Link to this contribution)

Let me try to be helpful and to placate noble Lords on this: money needed to wind up should come ...

Lord Sharkey | 802 c19GC (Link to this contribution)

But the scheme does not include a buffer and I am still not clear about the money. If it is going...

Baroness Stedman-Scott | 802 c19GC (Link to this contribution)

I think the original question was around the consultation we are going to do on this. This will b...

Baroness Neville-Rolfe | 802 c19GC (Link to this contribution)

I think this shows that it is important that we understand what the statutory instruments in this...

Baroness Sherlock | 802 cc19-20GC (Link to this contribution)

On a final point of clarification, if I have heard the Minister correctly—and I will read the rec...

Baroness Stedman-Scott | 802 c20GC (Link to this contribution)

I am advised that we are confident that that will be the case.

Baroness Altmann | 802 c20GC (Link to this contribution)

In that case, I seek clarification on what would happen if the employer became insolvent. There w...

Baroness Donaghy | 802 c20GC (Link to this contribution)

In the absence of knowledge in this area I have had to resort to listening to the debate. I think...

Baroness Stedman-Scott | 802 c20GC (Link to this contribution)

Our job is to give noble Lords comfort and to clarify matters, which we must do. I am advised tha...

Baroness Sherlock | 802 c21GC (Link to this contribution)

Would the Minister be kind enough to write in any case, clarifying the helpful points that she ha...

Baroness Stedman-Scott | 802 c21GC (Link to this contribution)

I am happy to make sure that that happens.

Lord Sharkey | 802 c21GC (Link to this contribution)

Moved by

Lord Sharkey

8: Clause 18, page 11, line 34, leave out subsection (4)

Lord Sharkey | 802 cc21-4GC (Link to this contribution)

My Lords, I shall speak also to Amendment 14 as well as to my clause stand part Motion.

Ame...

Baroness Janke | 802 c23GC (Link to this contribution)

My Lords, I support the amendment. My noble friend Lord Sharkey raised this matter at Second Read...

Viscount Eccles | 802 c23GC (Link to this contribution)

My Lords, perhaps I might make a general comment. I support the way in which the noble Lord, Lord...

Lord McKenzie of Luton | 802 c25GC (Link to this contribution)

The noble Lord, Lord Sharkey, has made a powerful case on these provisions and we look to support...

Baroness Stedman-Scott | 802 cc25-8GC (Link to this contribution)

My Lords, I recognise the expressed concerns over the regulation-making powers in Part 1 of the B...

Lord Vaux of Harrowden | 802 c28GC (Link to this contribution)

I have a question regarding the first-time affirmative point. I think the Minister said that the ...

Baroness Stedman-Scott | 802 c28GC (Link to this contribution)

I thank the noble Lord for that important point, which we will certainly consider.

Lord Sharkey | 802 c28GC (Link to this contribution)

Before I come to the meat of the matter, may I ask what it means to “confer discretion” on a pers...

Baroness Stedman-Scott | 802 c28GC (Link to this contribution)

It would be very helpful if the noble Lord would repeat that for my officials.

Lord Sharkey | 802 c28GC (Link to this contribution)

I am delighted to repeat it. What does it mean to “confer discretion” on a person?

Baroness Stedman-Scott | 802 c28GC (Link to this contribution)

As I understand it, it means to delegate powers.

Lord Sharkey | 802 cc28-9GC (Link to this contribution)

If that is what it means, and I am sure it does, then we are giving the absolute, unrestricted au...

Lord Young of Cookham | 802 c29GC (Link to this contribution)

Moved by

Lord Young of Cookham

9: Clause 25, page 17, line 26, at end insert—

“...

Lord Young of Cookham | 802 cc29-31GC (Link to this contribution)

My Lords, Amendment 9, which is tabled in my name and that of my noble friend Lady Altmann, seeks...

Baroness Altmann | 802 c31GC (Link to this contribution)

I support my noble friend’s proposed amendment. He has raised an important issue here. Once again...

Viscount Eccles | 802 c31GC (Link to this contribution)

My Lords, I say in support that, if I were a trustee of a pension scheme, and one, two or more pe...

Lord McKenzie of Luton | 802 c31GC (Link to this contribution)

My Lords, we should thank the noble Lord, Lord Young, for bringing this amendment which, as he sa...

Baroness Stedman-Scott | 802 cc32-3GC (Link to this contribution)

My Lords, this amendment would mean that a member of a CDC scheme would be unable to transfer the...

Lord Young of Cookham | 802 c34GC (Link to this contribution)

My Lords, we are inching towards the solution that I was after. I think I heard my noble friend s...

Lord Hutton of Furness | 802 cc34-5GC (Link to this contribution)

Moved by

Lord Hutton of Furness

10: After Clause 28, insert the following new Clause—...

Lord Hutton of Furness | 802 c35GC (Link to this contribution)

My Lords, the provisions in the Bill dealing with the authorisation of CDCs are based on the equi...

Lord McKenzie of Luton | 802 c35GC (Link to this contribution)

My Lords, I have put my name to this amendment for the clear reasons that have just been stated. ...

Baroness Bowles of Berkhamsted | 802 c36GC (Link to this contribution)

There is nothing that needs to be added; it has already been said. I just want it to be noted tha...

Baroness Stedman-Scott | 802 cc36-7GC (Link to this contribution)

I thank noble Lords for raising these amendments that relate to events which can occur in an auth...

Lord Sharkey | 802 c37GC (Link to this contribution)

I thank the Minister for her comprehensive explanation of why it may not be necessary to add what...

Baroness Stedman-Scott | 802 c37GC (Link to this contribution)

I thank the noble Lord for his question. I am advised that we will write to him with the answer.<...

Lord Hutton of Furness | 802 cc37-8GC (Link to this contribution)

My Lords, I am grateful to the Minister for her response but something is still not clear to me. ...

Lord Flight | 802 c38GC (Link to this contribution)

The noble Lord is absolutely right. It is extraordinary that one group has a lot of requirements ...

Baroness Stedman-Scott | 802 c38GC (Link to this contribution)

On the first point made by the noble Lord, Lord Hutton, we will write to clarify things. We have ...

Baroness Bennett of Manor Castle | 802 c39GC (Link to this contribution)

Moved by

Baroness Bennett of Manor Castle

12: Clause 46, page 37, line 14, at end ins...

Baroness Bennett of Manor Castle | 802 cc39-40GC (Link to this contribution)

I ask your Lordships to note that this is the first time I have tabled an amendment in Committee,...

Baroness Sherlock | 802 c40GC (Link to this contribution)

My Lords, I thank the noble Baroness, Lady Bennett of Manor Castle, for raising this issue and fo...

Baroness Stedman-Scott | 802 cc40-2GC (Link to this contribution)

My Lords, the two amendments tabled by the noble Baroness, Lady Bennett, to Clauses 46 and 119, b...

Baroness Bennett of Manor Castle | 802 c41GC (Link to this contribution)

I thank the Minister for her response. She referred to the fit and proper persons test. I am not ...

Lord Vaux of Harrowden | 802 c41GC (Link to this contribution)

Moved by

Lord Vaux of Harrowden

13: Clause 46, page 37, line 14, at end insert—

Lord Vaux of Harrowden | 802 cc41-3GC (Link to this contribution)

I hope the Committee does not mind if I start by saying that my name is pronounced “Vaux”. I blam...

Lord Hutton of Furness | 802 cc43-4GC (Link to this contribution)

The noble Lord, Lord Vaux, has drawn attention to an important issue. The wording of Clause 15, w...

Baroness Altmann | 802 c44GC (Link to this contribution)

My Lords, I added my name to the amendment moved comprehensively by the noble Lord, Lord Vaux. I ...

Baroness Bowles of Berkhamsted | 802 c45GC (Link to this contribution)

My Lords, I should have added my name to this amendment; I apologise for not getting around to it...

Lord McKenzie of Luton | 802 c45GC (Link to this contribution)

My Lords, I agree entirely with what has been said about the need to communicate and the basis on...

Baroness Stedman-Scott | 802 cc45-7GC (Link to this contribution)

My Lords, I agree that, for CDC schemes to be a success, a high degree of transparency and effect...

Lord Vaux of Harrowden | 802 c47GC (Link to this contribution)

I thank the Minister for her answer. I do not think that we are a million miles apart—the intenti...

Baroness Stedman-Scott | 802 cc47-8GC (Link to this contribution)

Moved by

Baroness Stedman-Scott

15: Schedule 3, page 131, line 18, at end insert—

...
Baroness Stedman-Scott | 802 cc48-9GC (Link to this contribution)

My Lords, we are committed to protecting members of workplace pension schemes from unfair charges...

Baroness Bowles of Berkhamsted | 802 c49GC (Link to this contribution)

My Lords, I have no objection to making things the same everywhere, but last time I came across t...

Baroness Altmann | 802 cc49-50GC (Link to this contribution)

I shall raise similar points. Will ask my noble friend say how the 0.75% charge cap was arrived a...

Baroness Stedman-Scott | 802 c50GC (Link to this contribution)

The noble Baroness, Lady Bowles, asked what the cap covers. This is defined in the regulations, a...

Baroness Stedman-Scott | 802 c50GC (Link to this contribution)

Moved by

Baroness Stedman-Scott

16: Schedule 6, page 139, line 22, at end insert—

...
Baroness Bowles of Berkhamsted | 802 c51GC (Link to this contribution)

Moved by

Baroness Bowles of Berkhamsted

17: Clause 107, page 90, line 24, after “pers...

Baroness Bowles of Berkhamsted | 802 cc51-3GC (Link to this contribution)

My Lords, this important group of amendments deals with the definitions of new criminal offences ...

Baroness Neville-Rolfe | 802 cc53-4GC (Link to this contribution)

My Lords, I refer to my entry in the register of interests and shall speak to Amendments 19 to 21...

Lord Hutton of Furness | 802 cc54-6GC (Link to this contribution)

My Lords, I shall speak to my Amendments 23, 24, 25 and 26. It was clear at Second Reading and ha...

Baroness Bowles of Berkhamsted | 802 cc56-7GC (Link to this contribution)

My Lords, I am sorry to rise again but I did warn the Committee. I agree that it is necessary to ...

Baroness Sherlock | 802 cc57-9GC (Link to this contribution)

My Lords, I will speak to Amendment 35 in my name and respond to the debate on the other amendmen...

Earl Howe | 802 cc59-63GC (Link to this contribution)

My Lords, this is quite a large group of amendments, all having as their subject matter Clause 10...

Lord Hutton of Furness | 802 c63GC (Link to this contribution)

I hear what the Minister says about prosecuting authorities but can he turn his remarks to the su...

Earl Howe | 802 c63GC (Link to this contribution)

I was coming to that but I will deal with it now. The Secretary of State for Work and Pensions ca...

Lord Hutton of Furness | 802 c63GC (Link to this contribution)

Where will that be set out? If the Secretary of State will not prosecute in those circumstances, ...

Earl Howe | 802 cc63-5GC (Link to this contribution)

It will be made clear—in practice, if anything—but the Secretary of State will reserve the power ...

Baroness Bowles of Berkhamsted | 802 cc65-6GC (Link to this contribution)

I thank the Minister for his comprehensive reply. I had intended to probe especially around the w...

Earl Howe | 802 c66GC (Link to this contribution)

It might be helpful to the noble Baroness if I clarify. New Section 58A is intended to capture th...

Baroness Bowles of Berkhamsted | 802 c66GC (Link to this contribution)

I see. I do not see why we could not have them caught in both. Anyway, we have debated this long ...

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