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Pensions Bill

moved Amendment No. 90: 90: Clause 30, page 14, line 5, leave out subsection (1) The noble Lord said: This is a simple probing amendment to explore why the Government chose to go down the route of giving the Pensions Regulator sole right to take action in the event of an employer failing to meet his obligations. The clause in Chapter 2 on compliance gives all manner of detail about the methods by which the Pensions Regulator can encourage an employer to meet his duties, and the penalties that can be imposed if he continues to disregard the notices under Clauses 31, 32 or 33. Clause 34, in particular, ensures that a jobholder should be able to have any missed contributions made up to him, but there are many other ways in which a jobholder can be disadvantaged by negligence on the part of his employer. Some of these cases, such as the provision of false or misleading information, are covered in Clauses 40 to 42, which specify new offences. How will these two regimes operate together? For example, if a jobholder were to opt out based on misinformation fed to him by his employer, but the Pensions Regulator were to consider the breach too small to be worth the expense of going to court, what rights does the jobholder still have? As I understand the Bill, he has none. To return to repayment of contributions, when the employee chooses to opt out, the Minister indicated earlier that the worker’s contribution might be repaid to the employer in the expectation of it being passed on to its rightful owner. What powers does the jobholder have to ensure that that is done? I beg to move.