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Pensions Bill 2007-08

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Now that we have had the opportunity to hear the noble Baroness’s and the Government’s amendments, may I briefly say what the attitude of those on these Benches is about this? I quite agree with the noble Baroness that there should be no discrimination between large incorporated businesses and small...

Member
Lord Oakeshott of Seagrove Bay (Liberal Democrat)
Type
Proceeding contributions
Date
30 June 2008
Reference
703 c73-4
House
House of Lords

I thank the noble Lord for his support. I re-emphasise the point, which I hope I made, that the offence applies to a wilful breach of certain employer duties. An employer who does not comply because of genuine inadequacy will be extremely unlikely to be found guilty of wilfulness. The...

Member
Lord McKenzie of Luton (Labour)
Type
Proceeding contributions
Date
30 June 2008
Reference
703 c74
House
House of Lords

The Minister focused his attention on the meaning of ““wilfully””. That was not what I asked him. I asked him what conduct would amount to connivance, and the meaning of neglect. What actions would constitute neglect to bring individuals within the ambit of this criminal offence? It is reasonable to...

Member
Baroness Noakes (Conservative)
Type
Proceeding contributions
Date
30 June 2008
Reference
703 c74
House
House of Lords

Pensions Bill. Lords Committee stage third day. Clauses 30-36, 39-41 and 43-44 agreed to as amended. Clauses 37-38, 42 and 45 agreed to. Part 2 of 3 records.

Department
Department for Work and Pensions
Type
Committee of the Whole House (HL); Debates on bills
Date
30 June 2008
Reference
703 c42-84
House
House of Lords

moved Amendments Nos. 90T to 90V: 90T: Clause 33, page 15, line 25, leave out ““unpaid relevant contributions”” and insert ““relevant contributions that have not been paid”” 90U: Clause 33, page 15, line 27, leave out subsection (3) 90V: Clause 33, page 15, line 35, leave out ““jobholders, or category...

Member
Lord McKenzie of Luton (Labour)
Type
Proceeding contributions
Date
30 June 2008
Reference
703 c53
House
House of Lords

moved Amendments Nos. 90R and 90S: 90R: Clause 32, page 15, line 14, at end insert ““or must cease to be taken”” 90S: Clause 32, page 15, line 17, at end insert— ““( ) state that, if the third party fails to comply with the requirements of the notice, the...

Member
Lord McKenzie of Luton (Labour)
Type
Proceeding contributions
Date
30 June 2008
Reference
703 c53
House
House of Lords

The noble Baroness’s amendment seems fair and sensible. We look forward to hearing from the Minister what a reasonable administrative period would be or whether he thinks that there are practical problems. However, the principle that an employee should get the full benefit of the matching employer contributions if those...

Member
Lord Oakeshott of Seagrove Bay (Liberal Democrat)
Type
Proceeding contributions
Date
30 June 2008
Reference
703 c54
House
House of Lords

moved Amendment No. 91: 91: Clause 33, page 15, line 43, at end insert— ““( ) require, in the event of excessive delay, that interest be paid on unpaid contributions.”” The noble Baroness said: I should explain that this amendment was suggested to me by the TUC. As I have...

Member
Baroness Turner of Camden (Labour)
Type
Proceeding contributions
Date
30 June 2008
Reference
703 c53-4
House
House of Lords

I start by thanking my noble friend Lady Turner for tabling this helpful amendment, whose intention I agree with. I am also pleased to note the support of the noble Lord, Lord Oakeshott. Clause 33 deals with the power of the Pensions Regulator to issue unpaid contributions notices to employers....

Member
Lord McKenzie of Luton (Labour)
Type
Proceeding contributions
Date
30 June 2008
Reference
703 c54-5
House
House of Lords

moved Amendments Nos. 90D to 90N: 90D: Clause 31, page 14, line 17, leave out first ““employer”” and insert ““person”” 90E: Clause 31, page 14, line 18, leave out ““employer”” and insert ““person to whom it is issued”” 90F: Clause 31, page 14, line 23, leave out ““employer”” and insert...

Member
Lord McKenzie of Luton (Labour)
Type
Proceeding contributions
Date
30 June 2008
Reference
703 c52
House
House of Lords

We are getting a little clearer. I can well understand that the trustee, for example, who has given information to the employer who then acts on it might well be prosecutable in certain circumstances, but I fail to understand why, for example, a member of the employer’s HR department should...

Member
Lord Skelmersdale (Conservative)
Type
Proceeding contributions
Date
30 June 2008
Reference
703 c51-2
House
House of Lords

moved Amendment No. 90Q: 90Q: Clause 32, page 15, line 11, leave out ““the contravention”” The noble Lord said: I shall speak also to the other amendments in this group. Clause 32, to which these amendments relate, enables the Pensions Regulator to issue a third-party compliance notice of the kind...

Member
Lord McKenzie of Luton (Labour)
Type
Proceeding contributions
Date
30 June 2008
Reference
703 c52-3
House
House of Lords

moved Amendment No. 90P: 90P: Clause 32, page 15, line 4, leave out ““an employer”” and insert ““a person”” On Question, amendment agreed to.

Member
Lord McKenzie of Luton (Labour)
Type
Proceeding contributions
Date
30 June 2008
Reference
703 c52
House
House of Lords

My colleagues in another place will be delighted that a clause of this sort is now to be included in the Bill, and I congratulate the Minister on moving this amendment, to which I do not object—but I have a problem. He said that employers could be made to re-enrol...

Member
Lord Skelmersdale (Conservative)
Type
Proceeding contributions
Date
30 June 2008
Reference
703 c58
House
House of Lords

moved Amendment No. 91B: 91B: Clause 34, page 16, line 3, after ““of”” insert ““a contravention of section 2(1) or”” The noble Lord said: I shall speak also to the other amendments in the group. It is essential that a worker’s decision on whether to join a qualifying pension scheme...

Member
Lord McKenzie of Luton (Labour)
Type
Proceeding contributions
Date
30 June 2008
Reference
703 c57-8
House
House of Lords

The Minister has revealed his true clothes. We are back to, ““All employers are potentially evading their responsibilities and so we have got to have bigger and better powers to bash them with””. I regret that the Minister has replied in those terms. Clause 33, as amended, agreed to. Clause...

Member
Baroness Noakes (Conservative)
Type
Proceeding contributions
Date
30 June 2008
Reference
703 c57
House
House of Lords

I can see that those circumstances might arise, and I do not see that they would be precluded. This clause says right at the start that, "““An employer contravenes this section if the employer takes any action for the sole or main purpose of … inducing a worker””," and so...

Member
Lord McKenzie of Luton (Labour)
Type
Proceeding contributions
Date
30 June 2008
Reference
703 c58-9
House
House of Lords

moved Amendment No. 91A: 91A: Clause 33, page 15, line 43, at end insert— ““(6) In this section, ““employer”” in relation to a worker means the person by whom the worker is or, if the employment has ceased, was employed.”” On Question, amendment agreed to. On Question, Whether Clause 33...

Member
Lord McKenzie of Luton (Labour)
Type
Proceeding contributions
Date
30 June 2008
Reference
703 c55
House
House of Lords

It is because the existing powers are needed to deal with the existing business of the Pensions Regulator; these powers are focused on the new duties that arise under the Bill. However, they are still relevant to the other powers and responsibilities of the Pensions Regulator. I have a note...

Member
Lord McKenzie of Luton (Labour)
Type
Proceeding contributions
Date
30 June 2008
Reference
703 c56-7
House
House of Lords

Can the Minister explain why the Government are not removing anything from the 1995 Act if they are producing streamlined and better powers under this Bill? Is there not a case—there is always a case—for removing regulatory burdens, especially where so-called improved versions of legislation are introduced?

Member
Baroness Noakes (Conservative)
Type
Proceeding contributions
Date
30 June 2008
Reference
703 c56
House
House of Lords