Clause 62
Pensions Bill
4:45 pm
Nigel Waterson (Shadow Minister, Work & Pensions; Eastbourne, Conservative)
I am not sure how reassured I am. The Minister seems to be saying either that some of these principles are contradictory, or that they have varying importance in relation to each other at different times. Apart from setting out law—which I will return to in a minute—we are supposed to give PADA a clear steer as to how, and under what conditions, to operate. What happens if it complies with one or two of the principles and not with the others in making a particular decision?
When the Minister says that we are making law, he is right—that is the point. That is why it must be clear so that no one can be under any illusions as to their obligations. Precisely because it is in the legislation, someone could challenge a decision or a direction of travel taken by PADA and that is why we must make it crystal clear. With all due respect, what the Minister has been advancing is an argument for not having the principles in the legislation.
I remember great arguments during the passage of the previous Pensions Bill. We tabled an amendment that set out a series of principles that would guide PADA. It was not totally dissimilar to this list—in fact, it was lifted almost word for word from the Government’s White Paper. At the time the Minister, now the Secretary of State, argued against it on the basis that we did not want that sort of thing in the legislation. Clearly the Government have relented, or perhaps they took the view that if they did not table it, we would and the argument would begin all over again.
I am open to the argument that we should not put such matters in the legislation because that is not where principles should be placed, What I am not open to, is the argument that we should put them in the legislation but make it clear that it is a bit pick and mix, and that they could become of more or less importance at any given time depending on what PADA wants to do. That is not appropriate.