Clause 35 - Registrable information
Pensions Bill
Public Bill Committees, 11 March 2004, 2:15 pm

Mr Malcolm Wicks (Minister for pensions, Department for Work and Pensions; Croydon North, Labour)
The clause defines the term ''registrable information''. I touched on that in my opening remarks. The clause sets out what information must be provided to and stored by the regulator in the register set up under clause 34. Much of it is common sense: names and addresses, the status of the scheme and the categories of benefits provided by the scheme.
In the case of an occupational pension scheme, the name and address of any previous relevant employer must be provided, which will be helpful, and the number of members of the scheme must be provided. Much of the clause is common sense. I touched earlier on the fact that the regulator will not have every member's details, but we are taking steps to make sure that that is in order.

Mr George Osborne (Tatton, Conservative)
This, obviously, is one of the crucial clauses about the register. The information that the Government are asking to be registered is much greater than that required by the pension scheme registry, and we welcome that. I do not mind saying that it has been good that the Government have consulted with the industry on the scheme return and that the industry—as I understand it, anyway—is broadly happy with what is being provided.
I just want to make sure that there are not any nasty surprises—but I know that the Minister is a good man and that he could not possibly be thinking of any. Subsection (2)(h) comes at the end of a long list of information that will be required, such as names, addresses, whether new members may be admitted, the categories of benefits and so on. At the very end of that list, we read:
''such other information as may be prescribed.''
That is carte blanche to ask for anything. Will the Minister explain why he needs to put it into the Bill, and who will do the prescribing? Will the regulator be able to determine what information it wants, or will it have to go to the Department for ministerial approval? Will Ministers have to get the approval of Parliament? In other words, will the issue go before Committees on delegated legislation, which provide such a rigorous check on the Executive? Subsection 2(h) caught my attention, and I wanted to flag it up.

Mr Malcolm Wicks (Minister for pensions, Department for Work and Pensions; Croydon North, Labour)
The best thing I can do is to reassure the hon. Gentleman that our intentions are sound and sensible. It is not always easy in primary legislation to specify every piece of information that might be required in the foreseeable future. Essentially, we want to enable the regulator to analyse the information and to inform its risk-based approach so that it can target resources effectively. We want to allow flexibility as circumstances change.
The type of information that the regulator needs may change. None of us can quite anticipate the nature and details of occupational pension schemes in 10 years' time. As I say, our intentions on the matter are honourable and sensible, and I hope that the hon. Gentleman will accept that.

Mr George Osborne (Tatton, Conservative)
There are two questions that the Minister did not answer—or rather, one question that he did not answer and one point that I have just thought of. The question that he did not answer was: who will decide what extra information can be prescribed under the subsection that I referred to? Will it be the regulator, or will the regulator have to get Ministers' permission? In addition, will Ministers have to get Parliament's approval? In other words, will such measures be submitted as regulations to Committees on statutory instruments?
The point that I have just thought of is as follows. Given that I have congratulated the Government on their consultation exercise, will the Minister give an assurance to the Committee—and through the Committee, to the industry—that if there were to be any material changes to the requirements of the scheme return, the Government would consult with the industry?

Mr Malcolm Wicks (Minister for pensions, Department for Work and Pensions; Croydon North, Labour)
I can give the assurance that we would want to consult with the industry and with other obvious interested parties. Will the details of the information be subject to parliamentary scrutiny? Yes, they will. They will be brought forward as regulations.
Question put and agreed to.
Clause 35 ordered to stand part of the Bill.
