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Lords report stage. Part 1 of 2.

Lead member
Lord Freud; Lord Young of Cookham
Department
Department for Work and Pensions
Type
Debates on bills
Date
19 December 2016
Reference
777 cc1484-1492
House
House of Lords

Lords report stage. Bill, as amended, ordered to be printed (HL Bill 87). Part 2 of 2.

Lead member
Lord Freud
Department
Department for Work and Pensions
Type
Debates on bills
Date
19 December 2016
Reference
777 cc1503-1530
House
House of Lords

My Lords, Amendments 11 and 12 in my name seek broadly the same objective as those of the noble Lord, Lord McKenzie, and would enable a funder to do other things but subject to the regulator having to approve them. The fundamental issue here for the insurance industry is that...

Member
Lord Flight (Conservative)
Type
Proceeding contributions
Date
19 December 2016
Reference
777 cc1515-6
House
House of Lords

Moved by

Lord McKenzie of Luton

1: Clause 4, page 3, line 17, at end insert—

“( ) the scheme’s member engagement strategy.”

Member
Lord McKenzie of Luton (Labour)
Type
Proceeding contributions
Date
19 December 2016
Reference
777 c1484
House
House of Lords

My Lords, this revisits an amendment debated in Committee and requires the scheme’s member-engagement strategy to be one of the pieces of information that must be submitted to the Pensions Regulator as part of the application for authorisation. As such, it would then sit alongside the scheme and the scheme...

Member
Lord McKenzie of Luton (Labour)
Type
Proceeding contributions
Date
19 December 2016
Reference
777 cc1484-5
House
House of Lords

My Lords, I strongly support the case made by the noble Lord, Lord McKenzie. In my experience, in a defined benefit situation the trustee is rightly prescriptive with regard to the steps that need to be taken to satisfy a reasonable test of an engagement and communication strategy. It is...

Member
Lord Kirkwood of Kirkhope (Liberal Democrat)
Type
Proceeding contributions
Date
19 December 2016
Reference
777 c1486
House
House of Lords

My Lords, I begin by responding to the point that the noble Lord, Lord McKenzie, made in his introduction about whether, if one was dealing with a start-up, it would have to provide accounts. Of course, it does not, because it cannot, so that bit of Clause 4(2) would not...

Member
Lord Young of Cookham (Conservative)
Type
Proceeding contributions
Date
19 December 2016
Reference
777 cc1486-8
House
House of Lords

My Lords, I am extremely grateful to the Minister for that response. It ended up a lot more positive than when it started and where it looked as though it was heading originally.

The noble Lord reiterated what he said at an earlier point in our deliberations about statutory guidance being...

Member
Lord McKenzie of Luton (Labour)
Type
Proceeding contributions
Date
19 December 2016
Reference
777 c1488
House
House of Lords

Moved by

Lord Freud

2: Clause 7, page 5, line 29, at end insert—

“( ) The first regulations that are made under subsection (4) are subject to affirmative resolution procedure.”

Member
Lord Freud (Conservative)
Type
Proceeding contributions
Date
19 December 2016
Reference
777 c1488
House
House of Lords

My Lords, these amendments put the noble Lord, Lord McKenzie, not just ahead but well ahead—because he and other noble Lords expressed concern in Committee about the Bill’s approach to regulation. With many regulations subject to negative resolution, they felt that they would not be subject to adequate scrutiny. Noble...

Member
Lord Freud (Conservative)
Type
Proceeding contributions
Date
19 December 2016
Reference
777 cc1489-1490
House
House of Lords

My Lords, obviously I welcome the Minister’s amendments, which are a very appropriate response to our discussions in Committee. The compromise that he has struck is useful—and not just in these circumstances. It is actually not a bad idea for legislation to start adopting some of these things because it...

Member
Lord Kirkwood of Kirkhope (Liberal Democrat)
Type
Proceeding contributions
Date
19 December 2016
Reference
777 cc1490-1
House
House of Lords

My Lords, I thank the Minister for the introduction of these amendments, which are very welcome. He has been true to his word and we thank him for taking us through the process of dealing with the regulations. One of our criticisms of the Bill was the plethora of regulation-making...

Member
Lord McKenzie of Luton (Labour)
Type
Proceeding contributions
Date
19 December 2016
Reference
777 c1491
House
House of Lords

My Lords, I thank your Lordships for your understanding. I thank again the whole House and its committees, which made the point forcefully

about making all these substantial regulations subject to the negative procedure. This was an occasion where we went back. There was a good suggestion—I am sure it...

Member
Lord Freud (Conservative)
Type
Proceeding contributions
Date
19 December 2016
Reference
777 cc1491-2
House
House of Lords

I do not want to prolong this but may I just check one point? The noble Lord said that the Henry VIII provisions would be used only in respect of Acts passed in this same Session of Parliament. The wording sent to me says,

“an Act passed before or in the...

Member
Lord McKenzie of Luton (Labour)
Type
Proceeding contributions
Date
19 December 2016
Reference
777 c1492
House
House of Lords

To make it clear, it incorporates legislation that now exists and the legislation that we will prospectively pass with this Bill.

Member
Lord Freud (Conservative)
Type
Proceeding contributions
Date
19 December 2016
Reference
777 c1492
House
House of Lords

Moved by

Lord Freud

3: Clause 7, page 5, line 30, leave out “Regulations under this section” and insert “Any subsequent regulations under subsection (4), and regulations under subsections (2) and (3),”

Member
Lord Freud (Conservative)
Type
Proceeding contributions
Date
19 December 2016
Reference
777 c1492
House
House of Lords

Moved by

Lord Freud

4: Clause 8, page 6, line 14, at end insert—

“( ) The first regulations that are made under this section are subject to affirmative resolution procedure.”

5: Clause 8, page 6, line 15, at beginning insert “Any subsequent”

Member
Lord Freud (Conservative)
Type
Proceeding contributions
Date
19 December 2016
Reference
777 c1492
House
House of Lords

Moved by

Baroness Drake

6: After Clause 8, insert the following new Clause—

“Scheme funder of last resort

Notwithstanding the provisions of section 8, the Secretary of State shall make provision for a funder of last resort, to manage any cases where the Master Trust has insufficient resources to meet the cost of complying...

Member
Baroness Drake (Labour)
Type
Proceeding contributions
Date
19 December 2016
Reference
777 c1503
House
House of Lords

My Lords, a key purpose of the Bill is to protect the pension pots of ordinary people from being raided in the event of a master trust pension scheme failing. At the moment, the considerable

costs, including administrative costs incurred when a failing scheme is wound up and the members...

Member
Baroness Drake (Labour)
Type
Proceeding contributions
Date
19 December 2016
Reference
777 cc1503-5
House
House of Lords

My Lords, I support this amendment, to which I have put my name, and would like to add to the very eloquent case made by the noble Baroness, Lady Drake; namely that it is very important that we provide protection for members when a master trust fails and give confidence...

Member
Baroness Bakewell of Hardington Mandeville (Liberal Democrat)
Type
Proceeding contributions
Date
19 December 2016
Reference
777 c1506
House
House of Lords