Schedule 1 - The Pensions Regulator
Pensions Bill
11:00 am
Mr Malcolm Wicks (Minister for pensions, Department for Work and Pensions; Croydon North, Labour)
Despite my initial confusion I was grateful for the rest, Mr. Griffiths, but here we go again. My hon. Friend, on behalf of a colleague, has raised an important point about how the Bill relates to Northern Ireland. It might help if I set out the constitutional situation as it applies in Northern Ireland because, in essence, that is what the Bill follows.
Social security and pensions are transferred matters under the Northern Ireland Act 1998. Northern Ireland has its own body of social security and pensions law. If the Northern Ireland Assembly were not suspended, provision in relation to Northern Ireland would be a matter for the Northern Ireland Executive and the Assembly. While the Assembly is suspended, provision for Northern Ireland is by way of Order in Council under the Northern Ireland Act 2000. The intention is that an Order in Council will replicate the provisions of the Pensions Bill for Northern Ireland. That will maintain the long-standing policy of parity in that area, but at the same time maintain the integrity of the separate Northern Ireland body of law.
Clause 247 sets out the detail of how the Order in Council is introduced. In the event of a return to devolved government, provisions for Northern Ireland will be a matter for the Assembly. In line with established practice in the pensions field, some of the provisions of the Bill extend directly to Northern Ireland. That includes, for example, those relating to the establishment of the pensions regulator, which will operate throughout the United Kingdom. The same is true of the pension protection fund, OPRA and the Pensions Compensation Board. Those bodies are established on a UK-wide basis, but their functions are bestowed by Westminster for Great Britain, and by Northern Ireland legislation in the Province. I understand the reason for tabling the amendment but, in the light of my explanation, I hope that my hon. Friend will withdraw it.