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Pensions Bill

I thank my noble friend Lady Turner for tabling the amendment and for providing an opportunity to discuss the clause and the role of TPAS. I thank other noble Lords, too, for their contributions. Before I discuss the amendment, let me acknowledge the valuable role that TPAS plays in providing information and guidance to members of the public on a wide range of pension-related issues. It helps thousands of people each year and is successful in helping to resolve issues that are brought to it. My noble friend has given long and distinguished service in that cause, as my noble friend Lady Hollis is now doing. The amendment is to Clause 56, which specifies the conditions regulating compromise agreements under the Act. Under them, it is possible for employer and worker to agree to limit or exclude the employer duties or individual rights arising from these reforms. This is possible only in very limited circumstances relating to conciliation proceedings. One of the conditions is that an individual must have received advice from a relevant independent adviser on the terms and effect of the proposed agreement and on the ability to pursue their rights before an employment tribunal. The Bill lists at Clause 56(6) the types of person who can act as a relevant independent adviser. This includes qualified lawyers and certified trade union officials. The amendment would list in addition persons appointed by TPAS to act as independent advisers. As the noble Lord, Lord Skelmersdale, spotted, it is quite possible that TPAS advisers may already be covered by the existing provision at subsection (6)(c), which includes as a relevant independent adviser somebody who, "““works at an advice centre (whether as an employee or a volunteer) and has been certified in writing by the centre as competent to give advice and authorised to do so on behalf of the centre””." However, if, as we suspect, subsection (6)(c) is not sufficient to cover a person appointed by TPAS for this function, it would nevertheless be possible to add them to the list of independent advisers under the order-making power in subsection (6)(d), which authorises the Secretary of State to allow a person of a description specified to act as an independent adviser. In considering whether persons appointed by TPAS should fulfil this role, we would need to assess whether they had sufficient knowledge and experience of employment law in addition to their pensions expertise. We will have to discuss that in detail with TPAS. We are planning to commission an independent review of TPAS this summer, which will consider how TPAS’s role might change as a consequence of the 2012 pension reforms. The results of that review should prove helpful in the context of whether to use the order-making power in this clause. Therefore, while I appreciate the thrust of my noble friend’s intentions, I believe that the amendment is unnecessary. TPAS-appointed advisers may already be able to act as independent advisers for the purpose of Clause 56, under subsection (6)(c) or, more likely, added to the list under the order-making power in subsection (6)(d). Whether it might be more appropriate for the order-making power in subsection (6)(d) to be used in this way would be best considered once this high-level review of TPAS’s role in the reforms is concluded. To return to my opening remarks, TPAS advisers already play a vital role and it is likely that that role will become even more important in future. We recognise and value their expertise in the field of pensions advice and look forward to exploring with them how their role will develop to fit the landscape that we are creating in these reforms. I acknowledge that that does not amount to accepting the amendment in the Bill, but I hope that the tenor of my remarks indicates how highly we value TPAS, which we feel should have a role in that connection in future. I urge my noble friend to withdraw the amendment on the basis of those comments.