argyrotsipi/train-dataset huggingface dataset:
Pension Schemes Bill — House of Lords, 2015-01-07
Topic: Labor
Nicholas Bourne (Conservative, Centre-right): My Lords, the package of amendments in this group falls neatly—I hope—into the category of minor and technical. Inevitably we discover bits of drafting that can be improved or things that need to be clarified, and these amendments do just that. They cover a number of specific issues that relate to clauses in Parts 1 and 2, and with noble Lords’ permission I will explain a little more about what each of them does The first group of amendments is about consistent drafting. Clause 27 makes provision for regulations to require a scheme or part of a scheme providing collective benefits to wind up. Separately, Clause 37 makes provision for regulations to impose duties on managers of non-trust-based schemes to act in the best interests of the members when taking certain decisions. Both provisions make reference to different types of requirement that may apply in relation to the scheme, including scheme rules, and any relevant legislation that applies to the scheme. The amendments do nothing more than ensure that the same things are described in the same way in both clauses Moving on, the amendment to Clause 32 puts beyond doubt that any requirement to publish documents may also apply to policies required by regulations under Part 2 of the Bill. Regulations made under powers in Part 2 can require trustees or managers of schemes that provide collective benefits to have policies regarding a number of matters, including the factors used to calculate members’ benefits, the calculation of transfer values and the steps that may be taken to deal with a deficit or surplus Clause 32 makes provision for regulations in Part 2 which require trustees or managers to prepare or obtain any document, to include requirements about publication of those documents and about sending copies to a specified person. It was always the intention that any requirement imposed by regulations under Clause 32 could apply to policies about the operation of collective benefits, and these amendments put that beyond doubt The amendment to Clause 45 is about making the drafting clearer. The changes to Section 67A of the Pensions Act 1995 made by Clause 45 make any modification to an occupational pensions scheme that would replace a member’s accrued rights with a right to a collective benefit a protected modification, which can be made only if the member consents. This amendment makes clear that this provision applies only where the existing accrued right is not a right to a collective benefit.
Pension Schemes Bill — House of Lords, 2015-01-07
Topic: Labor
Nicholas Bourne (Conservative, Centre-right): My Lords, I thank the noble Lord, Lord Bradley, for moving this amendment. I will say a little about our approach. As I think noble Lords are aware, our approach is about enabling choice. While the number of schemes is important, it is not the only measure of success The Bill enables schemes providing collective benefits to be set up where employers and providers wish to do so. We believe that this Bill will stimulate greater innovation and choice, allowing employers to adopt the sort of arrangements available in other countries—we have spoken previously of the Netherlands, Denmark and Canada—if it is right for them and for their employees. The number of schemes is an important issue, but it is certainly not the only issue We believe that the development of schemes offering collective benefits could be more appropriately monitored in other ways than a bespoke annual review, which may become something of a tick-box approach. We envisage that this could be done through existing access through the Office for National Statistics, which conducts surveys and collects data, for example Perhaps more importantly and across the piece, the noble Lord indicated that this review is on only one small aspect of the legislation. There is much else in the legislation. The Cabinet Office Guide to Making Legislation already requires the relevant government department within three to five years after Royal Assent to submit to the relevant Commons departmental Select Committee a memorandum, to be published as a Command Paper, containing a preliminary assessment of how an Act is working in practice. No doubt, our House can pick up on that too I recognise that there is a genuine concern about providing information on how this aspect of the legislation is operating in practice and perhaps more widely than the noble Lord indicated in his contribution. There is a wider issue about how the rest of the legislation is operating. I will have a look at this to see what we can do. However, we believe that an annual review is somewhat bespoke and tick-box. We have a provision for a review within three to five years of the Bill passing, but if there is anything that we can do supplementary to that, and should be doing, I will come back on that on Report. I say that without any firm promise that we believe there is anything to do, but I am happy to look at it. On that basis, I hope that the noble Lord will withdraw the amendment.
Pension Schemes Bill — House of Lords, 2015-01-07
Topic: Labor
Nicholas Bourne (Conservative, Centre-right): My Lords, first, I thank my noble friend Lord Holmes for sharing his concerns with us. He is very much the Desert Orchid of the Government Back Benches. He steered us to removing some horsemeat from the food chain in a typically earthy metaphor, although he got mixed up later with "sunny uplands". However, I will do what I can I confirm that the Government are aware of this issue, and we have some sympathy with the points that my noble friend made and the anomalies that he has highlighted. The requirement to index cash balance benefits was removed by the Pensions Act 2011, as he rightly stated, in response to representations from the pensions industry. It was pointed out that the requirement to index money purchase benefits was removed in 2005, and cash balance benefits are very similar in that entitlement is generally based on calculation of a lump sum rather than an income stream. Therefore it was a relatively easy decision to follow suit with cash balance benefits when the opportunity arose. However, the decision was made at that time that we would not disturb contracted-out schemes—they are subject to their own requirements. That was for very good and very technical reasons We now accept that in theory that means that there could be members with rights to cash balance benefits that still have to be indexed, and that might be because another totally unconnected member has some contracted-out pension rights somewhere in the same scheme. That does seem odd, but to be honest we have not received any specific representations and we do not know of any particular case of concern. If the noble Lord can bring forward any specific examples of schemes or individuals who have suffered detriment as a result of this issue, it would clearly support the case for change that he has eloquently set out We are aware that the Association of Pension Lawyers is also championing this issue but, as I say, until we know the size of the problem, or indeed if there is a problem in the sense of whether there are people suffering detriment, it is difficult to know how to deal with it and what form that action should take, whether it is through this legislation or elsewhere. We need to take account of the changes coming up in April because they will give members more say in how they spend their pension money, so some of the people caught in the situation at the moment could, arguably, decide to take a lump sum then reinvest that in an annuity without the indexation requirement, although admittedly, there will be problems with taxation at the highest level there, according to that particular taxpayer. As I said, if my noble friend Lord Holmes is able to come up with some specific examples of concern, I hope that we will be able to have a continuing dialogue with him and other noble Lords on this subject. However, in the mean time I respectfully ask him to withdraw his amendment.
Pension Schemes Bill — House of Lords, 2015-01-07
Topic: Labor
Christopher Holmes (Conservative, Centre-right): I am grateful to my noble friend for that response. I will be happy to provide some examples from my time in practice as a pensions lawyer—a number of examples immediately spring to mind. However, so as not to detain us this evening I will be happy to write to my noble friend with details of those This is not the greatest issue on the planet and will not make a huge difference to pensions as we know them, but there are a significant number of situations where it bites and impacts. I cannot envisage a downside to making this change, which is not that tricky to bring about. It needs to be done through primary legislation and this is an ideal, opportune moment to do it I accept the point on the changes this April, in that if members take pre-crystallised benefits there is a potential route around that. However, even taking that on board, there is still a significant enough issue that it is very much worth looking at this clause and what we might be able to do. I will be very happy to provide that information and to carry on the dialogue with my noble friend. At this stage, I beg leave to withdraw the amendment.
Pension Schemes Bill — House of Lords, 2015-01-07
Topic: Labor
Nicholas Bourne (Conservative, Centre-right): My Lords, I thank the noble Lord for his contribution to the debate. Clause 44 fulfils a government commitment which he outlined under the Red Tape Challenge to remove statutory requirements which are felt to be superfluous. This is such an example. He rightly set out that there is already an existing power for the Pensions Regulator to appoint trustees where he can appoint a trustee without reference to the register. Therefore, it would not seem to present a problem that the register goes. I will come back to that issue I will clarify a point made by the noble Lord. The Minister who made the commitment about savings was the Pensions Minister in another place. I am sure that if he said it we can underline the commitment. It is not a statement that I or a Minister in the Lords made, but I am aware that any savings from this will be reinvested and we will confirm that in writing to the noble Lord. I understand that to be the position I am happy to reassure the House that the regulator is committed to ensuring that any process to replace the register would provide the same level of assurance to members and schemes that an independent trustee appointed to a scheme is fit for the task. That, after all, is the paramount issue. The selection criteria would remain rigorous and transparent. The criteria and processes being published on the regulator’s website, along with the procedures for appointing and removing trustees, would be guaranteed. We will ensure that appointments will continue to deliver the best candidate for the job, given the specific circumstances of the scheme in question I think there is little doubt that this register is superfluous and that there is the ability for the Pensions Regulator to draw on an existing pool of trustees without the need for the register. As the noble Lord, Lord McAvoy has highlighted, savings will be reinvested and I will confirm that in writing to him. On that basis, I ask that the clause should stand part of the Bill.
House of Lords — House of Lords, 2015-01-06
Topic: Government Operations
Thomas Jopling (Conservative, Centre-right): I am well aware of that, but if they found themselves in government with Ministers down at the other end of the corridor, it is inevitable that they would need to have Ministers on the Government Front Bench here to speak for their party in your Lordships’ House. I think that that is obvious Let me put forward another scenario. We are told by the public opinion polls that the Liberal vote has seriously sunk. If that was to happen—I think it was my noble friend Lord Strathclyde who referred to this —and there was only a handful of Liberal Members in the House of Commons, this House would look particularly stupid if it still had 103 Liberal Peers sitting here simply because the arrangements for membership of this place were not flexible. We must somehow build a flexibility into the membership. I believe that, after each election, the way you can achieve that flexibility is to pitch the party membership of the House to broadly reflect the views of the public. That is quite different to having an elected House—this is more or less what you would get if you had an elected House, but this is a much better way of going about it The third and final scenario—
House of Lords — House of Lords, 2015-01-06
Topic: Government Operations
Thomas Jopling (Conservative, Centre-right): If the UKIP vote at the next election matches the Liberal vote—as the public opinion polls suggest it might—it would mean that neither of them would have very many Members down the corridor. But let us leave that just to the side for the moment A third scenario is that it is not impossible, as I have said to your Lordships before, that a new party could sweep to power. My old friend, the noble Lord, Lord Richard, mentioned UKIP. I do not think that UKIP will do it, but politicians are not popular creatures at the moment, and there is the opportunity for a new party to sweep to power in this country at some time. We have seen it happen in Turkey and in Italy in recent years, with a new party suddenly appearing from nowhere, and this House would look particularly stupid if you had a Government with virtually no support in your Lordships’ House These things can be done quickly; it is not impossible to do them. I have discussed this and circulated my plan before. If any of my noble friends wish to see it, I should be very glad to send them a copy of the solution for the construction of the House of Lords which, as I say, I have been peddling for over 12 years.
House of Lords — House of Lords, 2015-01-06
Topic: Government Operations
Christopher Samuel Tugendhat (Conservative, Centre-right): Surely it is not inconsistent to have both people of some considerable age and an infusion of new blood. If we look at the United States, the new president of the Federal Reserve took office at the age of 68. Many people commented on the fact that she was the first woman, but there was very little comment in the United States about her age. If Hillary Clinton should become President of the United States, she will enter the White House at the age of 69. People age at different paces. I have a personal friend who is chairman and chief executive of one of the largest banks in the United States and is 80. I am not suggesting that that is ideal, but an infusion of new talent and age are not incompatible.
House of Lords — House of Lords, 2015-01-06
Topic: Government Operations
David Trefgarne (Conservative, Centre-right): My Lords, I will with your Lordships’ permission make a very brief intervention at this late point. I am here because I am one of the hereditary Peers elected back in 1999 following the passage of the Act of that year. Ninety of us were elected altogether, two of us being appointed ex officio, as my noble friend Lord Luce will recall. The 1999 Act and the provisions relating to the retention of a small number of hereditary Peers were, in the words of the Lord Chancellor of the time, binding in honour on those who gave their undertaking to it, and they said that they would continue until House of Lords reform was complete. Perhaps House of Lords reform was expected to be rather quicker than has proved to be the case, but no timescale was mentioned at the time and I strongly believe that the undertakings given then are still in force. They would have been overtaken had the government Bill of two years ago seen the statute book, but it did not and therefore they remain in place I therefore urge that the hereditary Peers are not seen as a short cut in the start of the process to which the noble Lord, Lord Williams, pointed the way. We are not to be sent to the slaughter as the first and easy step in this particular process My noble friend Lord MacGregor also made some disparaging remarks about the by-elections, but 50 members of his Association of Conservative Peers are hereditary Peers elected as I have described, and I hope that he would wish to continue to enjoy their support as he does so strongly at present Back in 1999, I gave an undertaking to the departing hereditary Peers who were good enough to elect me that I would stand by their interests for as long as there was breath in my body. I reaffirm that undertaking tonight.
House of Lords — House of Lords, 2015-01-06
Topic: Government Operations
Tina Stowell (Conservative, Centre-right): We have, but we would have to agree on that—it would have to be put to the House to decide, not the Procedure Committee on its own I will rapidly conclude. As for the idea of a constitutional convention—which was put forward by several noble Lords, including the noble Lords, Lord Foulkes, Lord Maxton and Lord Luce, the noble Baroness, Lady Taylor, and my noble friend Lord Cormack—I refer all noble Lords back to the answers I gave when I repeated the Statement on devolution just before Christmas. We have not ruled out a constitutional convention, but certainly the Conservative part of the coalition thinks that other, more immediate issues should be addressed first Overall, this has been a very interesting debate which continues an important conversation. However we move forward, this is our core purpose, which we must keep at the forefront of our minds. If we do that, we can retain what is best about this place and make the right changes so that we increase our effectiveness and are the most relevant British institution, serving the public and national interest today.
Specialist Printing Equipment and Materials (Offences) Bill — House of Lords, 2015-01-23
Topic: Law and Crime
Patrick Cormack (Conservative, Centre-right): My Lords, I shall speak briefly in the gap. It is a shame that there is no other Back-Bencher to support my noble friend’s admirable and exemplary Bill. It was introduced in the other place with his customary aplomb by Mr, and now Sir, David Amess MP, and we all congratulate him on his recent honour As I say, this is an exemplary Bill because it has a target and a specific purpose. If it is passed into law, every Member of your Lordships’ House will be a potential beneficiary. As my noble friend said, there can be few of us who have not been victims of identity fraud of one sort or another. I have had my credit cards used in America, and so has my son. Large sums were involved, but they were fully covered so they were not particular personal disasters, but the incidents bring it home to one just how prevalent such crimes are. If this Bill when it is enacted can strike at the root of these appalling criminal offences, we will owe a great debt of gratitude not only to my noble friend Lady Berridge, but also to Sir David Amess. I hope very much that we will be able to couple in that vote of thanks both the Opposition and the Government before this brief debate is over. I give my full support to the Bill.
Specialist Printing Equipment and Materials (Offences) Bill — House of Lords, 2015-01-23
Topic: Law and Crime
Elizabeth Rose Berridge (Conservative, Centre-right): My Lords, I am grateful to the noble Baroness, Lady Smith, and to the Minister for supporting the Bill. I shall deal with a couple of points that were raised First, on the scope, the Bill is aimed at identity documents; so while it would cover entry passes to premises and driving licences, faked examination results or qualifications would not be. Secondly, on mens rea, I made specific inquiries about why the wording is "knowingly supplying". Making this a "recklessness" level offence had been considered but as there is a response to that, the mens rea remains "knowingly supplying". Clause 3(1) states that the issue is whether the person who supplies the equipment "knows of the fact". The lesser mens rea of "neglecting" or "consent and connivance" apply to the offices of a company. The Bill aims to ensure that officers cannot escape prosecution, leaving their front-desk staff, who have the knowledge, to be prosecuted alone. I hope that that clarifies the points raised. I should cover one or two other minor matters. The craft shop sector was the only part of the industry where the police were concerned about a lack of awareness, because in order to fake a large number of documents, the forger needs hot foil which is obtainable in craft shops. Criminals go round buying up hot foil from many different shops, so the police are keen to raise awareness within the sector. I saw what these machines can do: they can print fake passports at a cost of just £300 each. I have checked and found out that, fortunately, none of the equipment seized so far has been used to try to forge parliamentary passes.
International Development (Official Development Assistance Target) Bill — House of Lords, 2015-01-23
Topic: International Affairs
Christopher Samuel Tugendhat (Conservative, Centre-right): It is totally different. The problem that I—and I think other members of the committee—have is that while we are fully supportive of aid and made that quite clear, we also made it clear that we are worried, as are others, about the way in which money is spent. We are dealing with multiyear programmes. With such programmes, you will run into a lot of trouble if you have to spend on what is called—since the noble Baroness invokes Europe—the douzième provisoire: that is, if you have to spend one-12th on an annual basis instead of spreading it over the commitment. In the case of the EU, there is a formula by which the member states are assessed, and we pay according to that formula. However, it is not linked to projects. The problem here is that you have a multiyear project and you are saying that a given amount has to be spent each year. The Minister may or may not agree with me, but she is invoking a false parallel.