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Pensions Bill

That is precisely what this clause is about: it is intended to stop an agency worker falling between two stools. As I said, routinely we would expect an agency worker to be a worker because there would typically be a contract with the agency, and therefore no extra provisions would be needed as he would be like any other worker. Clause 78 deals with situations where there may not be a contract between the individual worker and either the agency or the client. This is essentially a deeming arrangement so that the provisions of the Bill can operate, and we identify which of those two would be treated as the employer. That is the sort of protection that I think the noble Lord is seeking. Routinely we would expect agency workers to have a contract with the agency and therefore the normal rules of the Bill would apply to the agency in respect of auto-enrolment.