Clause 49 - Inspection of premises: powers of inspectors
Pensions Bill
3:45 pm
Mr Chris Pond (Parliamentary Under-Secretary, Department for Work and Pensions; Gravesham, Labour)
The amendment would significantly reduce an inspector's ability to carry out his duties by denying him the right to
''examine, or require to be examined, either alone or in the presence of another person, any person on the premises whom he has reasonable cause to believe to be able to give information relevant to''
his investigation. Without encouraging the hon. Member for Tatton to spend his weekend reading the reports of Committee proceedings on earlier legislation, may I quietly and gently point out that the provision replicates those in section 99(1)(c) of the Pensions Act 1995?
Information collection and management are the key to the new risk-based approach to regulation, as both sides of the Committee agreed as recently as a few minutes ago. Robust measures need to be in place to ensure that, when there is non-compliance with a request for information, decisive action can be taken to ensure that the regulator can fulfil its objectives of protecting scheme members' benefits. The power to interview people when searching premises is proposed for that purpose.
If an inspector were to enter premises, for example to check whether employer contributions had been paid, he might wish to interview the employees from whose pay any deductions had been made, as well as the employer and the persons responsible for the company's accounts. That would, I believe, be the appropriate use of resources. The regulators and inspectors will carry out any interviews in accordance with the provisions of the Police and Criminal Evidence Act 1984. That means that, for example, anyone suspected of an offence will receive a caution advising them of their rights before being interviewed.
The provision that allows inspectors to examine someone either alone or in the presence of another person enables anyone being interviewed to have an adviser present, or to reject that right, as they see fit. It also allows for two interviewers, as is common practice and recommended under PACE code of practice C. The regulator will have the power to request only information relevant to its functions, and procedures will be in place to ensure that all obligations, including those imposed by the Data Protection Act 1998, are adhered to.