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Pensions Bill

In opposing the Question whether Clause 84 shall stand part of the Bill, I shall speak also to Amendment No. 118ZE and the other amendments in this group. As currently drafted, Clause 1 automatically includes seafarers of any nationality working on any ship who work or ordinarily work in Great Britain. That includes non-UK nationals on a non-UK ship passing through waters adjacent to Great Britain. This would potentially breach international law and custom. In addition, the clause excludes other key groups—for example, seafarers who are UK nationals working on UK ships outside UK waters. Although our broad intention is to extend these reforms to seafarers and offshore workers in appropriate cases, we do not want inadvertently to rule in or out any particular group prior to a detailed consultation. Accordingly, to achieve a solid base on which to take forward this work, we propose that Clause 84 in respect of share fishermen does not stand part of the Bill and seafarers are not initially treated as workers for the purpose of these reforms. I should assure noble Lords that the existing Clause 84 is no longer necessary. Share fishermen are persons working on vessels and therefore will be addressed by the new Clause 118ZE. We have removed the existing Clause 84 so that there is no duplication. Our intention is to work with key stakeholders—for example, the UK shipping and offshore work industries—and the unions carefully to consider these and other groups separately and then to make recommendations available for public consultation. I hope noble Lords will agree that it is important that we consult widely about any potential adverse impacts for individuals and indeed the industries involved that may arise by the extension of these reforms. These amendments will enable the inclusion of groups of seafarers and offshore workers, but only those to whom the Bill is applied by regulations and as defined by Order in Council. In line with the recommendations made by the Delegated Powers and Regulatory Reform Committee in its 11th report of this Session, both these powers will be subject to affirmative resolution. To achieve this, the original government Amendment No. 118ZF in respect of offshore workers, which was tabled on 23 June, was withdrawn and replaced with Amendment No. 118ZG. Experience has shown that these areas are complex and raise difficult issues of international and European law, so it is appropriate to allow more detailed consideration on which of the seafarers and offshore workers should be included. If we leave the Bill as it stands, there is a danger that we could infringe on international law and custom and adversely impact the UK shipping industry. Although these reforms will not come into effect until 2012, other states may take action against UK flag vessels now, once it is understood that our provisions could apply to their nationals and/or on ships flagged to their state. Accordingly, as stated, we plan to introduce powers which will enable us to apply the relevant provisions of the Bill to appropriate categories of seafarers and offshore workers after careful consideration and in full knowledge of the effects that might have. Amendments Nos. 136B and 136C to Clause 115 and Amendments Nos. 139ZA and 139ZB to Clause 116 are all consequential amendments that ensure that the procedures for making the Order in Council provisions for persons in offshore employment are contained within the new clause—that is, as proposed in Amendment No. 118ZG. These amendments also clarify that Clauses 115 and 116 continue to apply just to regulations and orders made by the Secretary of State. Part of Amendment No. 138A inserts a list of clause references that will fall within the affirmative resolution as set out in Clause 115(4). Amendment No. 118ZA relating to persons working on vessels falls within this. Amendments Nos. 142A and 142B are consequential amendments to ensure that these regulations can extend to Northern Ireland.