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Pensions Bill

My Lords, as explained, the purpose of the amendment is to provide that somebody other than the person raising the defence might be the one to mitigate the detriment. However, this is unnecessary. The legislation does not require the person raising the defence to mitigate the detriment; rather, it requires the defendant to ensure that he or she takes reasonable steps to ensure that there is an appropriate mitigation in place. Therefore, if the mitigation is to be undertaken by someone other than the defendant, then the reasonable step the defendant can take is to ensure that there is an appropriate mitigation and that it is in place. I do not think that the amendment adds anything to the Government’s proposals. I hope that that has produced some clarification for the noble Baroness.