Clause 66 - Revocation of codes of practice
Pensions Bill
10:30 am
Mr Malcolm Wicks (Minister for pensions, Department for Work and Pensions; Croydon North, Labour)
We agree sometimes, Mr. Griffiths. Clauses 64 and 65 place a duty on the regulator to
issue the codes of practice and to consult. The Secretary of State must lay codes of practice before Parliament as they will be commenced by order of the Secretary of State. Clause 66 permits that Minister to revoke codes, also by order. Opposition Members expressed their concern that that gives too much power to the Secretary of State, and I hope I can reassure them that that is not the case. The procedure is designed to enable a flexible approach to legislation; it was one of the underlying purposes of allowing the regulator to issue codes of practice in the first place.
However, such an approach must still have appropriate parliamentary scrutiny, which is why codes can be stopped by resolution of either House. As codes are commenced by order, they must also be revoked by order and the procedure ensures that there will be no confusion about whether codes of practice or any particular version of a code are current. An order to revoke a code may not be made without the regulator's consent, as the hon. Gentleman acknowledged. That is what subsection (2) is about.
The measure will ensure that we strike precisely the right balance between the regulator staying at arm's length from Government and retaining sufficient parliamentary accountability for its actions. It should also allay any Opposition concerns about the Government's ability to interfere in the regulator's activities. I hope that that reassures the hon. Gentleman.