Clause 11 - Functions exercisable by the
Pensions Bill
4:00 pm
Mr Nigel Waterson (Eastbourne, Conservative)
Despite our abstention on the last vote, we on this side of the Committee are not great fans of the determinations panel. Each of the three amendments seek to remove extensions of functions of that slightly sinister body, which presumably will meet behind closed doors, probably wearing pointed hoods.
In subsection (5), we take exception to the proposed measure to extend the functions of the regulator by further regulations. That sort of extension should be in the Bill, and if that requires primary legislation then so be it.
Subsection (7) states:
''The Panel may be authorised . . . to exercise further functions of the Regulator on behalf of the Regulator.''
We have the prospect of a creeping increase in jurisdiction on the part of the determinations panel as time goes on. We are uneasy about that.
However, subsection (8) takes the biscuit. The Government propose setting up a marvellous structure, with many people moving across from OPRA, other people joining in and officials being seconded from the Department for Work and Pensions. On top of that, they propose setting up the determinations panel—for reasons that still do not fully convince me. Moreover, as soon as that panel—which would contain lots of clever lawyers and other people—gets going, it can delegate some of its powers and functions to other people.
Subsection (8) states:
''The Panel may authorise any of it members or any of its sub-committees to exercise on its behalf''
those functions. If—it is a large if—the panel is going to be set up, will it be so overwhelmed with work that it should be in a position to pass on or delegate functions to one of its members or sub-committees from day one? If it is going to be set up, the panel should take the decisions—however many or few they may be—and not delegate to a body within a body. The panel is a curious enough animal in the first place. The Government are pushing their luck if they expect Committee members to embrace the notion of its delegating some of its functions.
Those are the reasons behind the three amendments, and I commend them to the Committee.