|
Mr. Chope: On a point of order, Mr. Cook. Yet again we seem to be on the verge of being beaten by the clock. Among the amendments and Government amendments yet to be debated are several important ones relating to pensions. I hope that, even at this late stage, the Minister will put forward a change to the timetable so that we can debate all the Government amendments that are on the amendment paper for discussion between now and 11.25 am.
The Chairman: In view of the discussions that have taken place in prior sittings of the Committee, that is not a point of order for the Chair.
Clause 170 ordered to stand part of the Bill.
Clauses 171 to 189 ordered to stand part of the Bill.
Schedule 15
Wills, administration of estates and family provision: Northern Ireland
Jacqui Smith: I beg to move amendment No. 174, in schedule 15, page 239, line 18, at end insert—
'( ) In paragraph (1)(ba) (application may be made by person living as husband or wife of the deceased), after ''paragraph (1A)'' insert ''or (1B)''.'.
The Chairman: With this it will be convenient to discuss the following:
Government amendments Nos. 175 to 179.
Government amendments Nos. 168 and 169.
Column Number: 164
Jacqui Smith: These are minor consequential amendments that ensure that references to couples living together as husband and wife are clearly understood to apply also to cohabiting same-sex couples. All the provisions being amended by the amendments also apply to spouses and have, therefore, been extended to civil partners in the Bill.
The amendments are being tabled because of consideration of the Civil Partnership Bill in the context of the judgment given on 21 June 2004 in the case of Ghaidan v. Mendoza. In that case, the House of Lords confirmed that tenancy legislation would be incompatible with the European convention on human rights if it treated a same-sex couple less favourably than an unmarried opposite-sex couple. The Lords ruled that, to prevent such an incompatibility, the courts should interpret the reference in that legislation to persons living together as husband and wife as applying equally to same-sex couples. That is an important ruling of potentially wide application in analogous circumstances.
The amendments are needed to preserve the effect of the Mendoza judgment in the new context created by the introduction of civil partnership. If we do not make these drafting changes, courts and legal advisors could be unsure of Parliament's intention—
It being twenty-five minutes past Eleven o'clock, The Chairman proceeded, pursuant to Sessional Order D [6 November 2003] and the Order of the Committee [19 October], as amended [21 October], to put forthwith the Questions necessary to dispose of the business to be concluded at that time.
Amendments proposed: No. 174, in schedule 15, page 239, line 18, at end insert—
'( ) In paragraph (1)(ba) (application may be made by person living as husband or wife of the deceased), after ''paragraph (1A)'' insert ''or (1B)''.'.
No. 175, in schedule 15, page 239, line 20, at end insert—
'( ) After paragraph (1A) insert—
''(1B) This paragraph applies to a person if for the whole of the period of two years ending immediately before the date when the deceased died the person was living—
(a) in the same household as the deceased, and
(b) as the civil partner of the deceased.' ''.
No. 176, in schedule 15, page 240, line 5, at end insert—
'In Article 5(2A) (application by person living as husband or wife of deceased: matters to which court is to have regard), in sub-paragraph (a), after ''wife'' insert ''or civil partner''.'.—[Jacqui Smith.]
Column Number: 165
Question put, That the amendments be made.
The Committee divided: Ayes 13, Noes 2.
Division No. 67]
AYES
Abbott, Ms Diane
Bercow, Mr. John
Borrow, Mr. David
Bruce, Malcolm
Bryant, Chris
Carmichael, Mr. Alistair
Duncan, Mr. Alan
Eagle, Angela
Love, Mr. Andrew
McKechin, Ann
Simon, Mr. Sion
Smith, Jacqui
Watson, Mr. Tom
NOES
Chope, Mr. Christopher
Donaldson, Mr. Jeffrey M.
Question accordingly agreed to.
Motion made, and Question put, That this schedule, as amended, be the Fifteenth schedule to the Bill and that clause 190 stand part of the Bill:—
The Committee divided: Ayes 11, Noes 2.
Division No. 68]
AYES
Abbott, Ms Diane
Bercow, Mr. John
Borrow, Mr. David
Bryant, Chris
Carmichael, Mr. Alistair
Eagle, Angela
Love, Mr. Andrew
McKechin, Ann
Simon, Mr. Sion
Smith, Jacqui
Watson, Mr. Tom
NOES
Chope, Mr. Christopher
Donaldson, Mr. Jeffrey M.
Question accordingly agreed to.
Schedule 15, as amended, agreed to and clause 190 ordered to stand part of the Bill.
Schedule 16
Appeal against refusal to issue civil partnership schedule
Amendments proposed: No. 44, in schedule 16, page 252, line 46, leave out sub-paragraph (3).
No. 45, in schedule 16, page 253, line 1, after 'under' insert 'paragraph 22 or'.
No. 46, in schedule 16, page 253, line 4, after 'under' insert 'paragraph 22 or'.
No. 47, in schedule 16, page 253, line 14, at end insert—
Pension protection fund compensation etc.
PPF compensation to be included in matters to which court is to have regard
24A (1) The matters to which a court is to have regard under paragraph 16(2)(a) include any PPF compensation to which a civil partner is or is likely to be entitled; and, accordingly, in relation to any PPF compensation paragraph 16(2)(a)(ii) has effect as if ''in the foreseeable future'' were omitted.
(2) The matters to which a court is to have regard under paragraph 16(2)(h) include any PPF compensation which, because of the making of a dissolution or nullity order, a civil partner will lose the chance of acquiring entitlement to.
(3) In this Part ''PPF compensation'' means compensation payable under—
(a) Chapter 3 of Part 2 of the Pensions Act 2004 (pension protection), or
(b) corresponding Northern Ireland legislation.
Assumption of responsibility by PPF Board in paragraph 20(2) cases
24B (1) This paragraph applies to an order under Part 1 so far as it includes provision made by virtue of paragraph 20(2) which—
Column Number: 166
(a) imposed requirements on the trustees or managers of an occupational pension scheme for which the Board has assumed responsibility, and
(b) was made before the trustees or managers received the transfer notice.
(2) From the time the trustees or managers of the scheme receive the transfer notice, the order has effect—
(a) except in descriptions of case prescribed by regulations, with the modifications set out in sub-paragraph (3), and
(b) with such other modifications as may be prescribed by regulations.
(3) The modifications are that—
(a) references in the order to the trustees or managers of the scheme have effect as references to the Board, and
(b) references in the order to any pension or lump sum to which the civil partner with pension rights is or may become entitled under the scheme have effect as references to any PPF compensation to which that person is or may become entitled in respect of the pension or lump sum.
Assumption of responsibility by PPF Board in paragraph 20(5) cases
24C (1) This paragraph applies to an order under Part 1 if—
(a) it includes provision made by virtue of paragraph 20(5) which requires the civil partner with pension rights to exercise his right of commutation under an occupational pension scheme to any extent, and
(b) before the requirement is complied with the Board has assumed responsibility for the scheme.
(2) From the time the trustees or managers of the scheme receive the transfer notice, the order has effect with such modifications as may be prescribed by regulations.
Lump sums: power to modify paragraph 21 in respect of assessment period
24D Regulations may modify paragraph 21 in its application to an occupational pension scheme during an assessment period in relation to the scheme.
Assumption of responsibility by the Board not to affect power of court to vary order etc.
24E (1) This paragraph applies where the court makes, in relation to an occupational pension scheme—
(a) a pension sharing order, or
(b) an order including provision made by virtue of paragraph 20(2) or(5).
(2) If the Board subsequently assumes responsibility for the scheme, that does not affect—
(a) the powers of the court under paragraph 38 to vary or discharge the order or to suspend or revive any provision of it;
(b) on an appeal, the powers of the appeal court to affirm, reinstate, set aside or vary the order.
Regulations
24F Regulations may make such consequential modifications of any provision of, or made by virtue of, this Schedule as appear to the Lord Chancellor necessary or expedient to give effect to the provisions of this Part.
24G (1) In this Part ''regulations'' means regulations made by the Lord Chancellor.
(2) A power to make regulations under this Part is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I.1979/1573(N.I.12)).
(3) Regulations under this Part are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946 (c.36) applies accordingly.
Interpretation
24H (1) In this Part—
''assessment period'' means—
Column Number: 167
(a) an assessment period within the meaning of Part 2 of the Pensions Act 2004 (pension protection), or
(b) an equivalent period under corresponding Northern Ireland legislation;
''the Board'' means the Board of the Pension Protection Fund;
''the civil partner with pension rights'' has the meaning given by paragraph 24(1);
''occupational pension scheme'' has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993 (c.49);
''transfer notice'' has the same meaning as in—
(a) Chapter 3 of Part 2 of the 2004 Act, or
(b) corresponding Northern Ireland legislation.
(2) References in this Part to the Board assuming responsibility for a scheme are to the Board assuming responsibility for the scheme in accordance with—
(a) Chapter 3 of Part 2 of the 2004 Act (pension protection), or
(b) corresponding Northern Ireland legislation.'.—[Jacqui Smith.]
Question put, That the amendments be made:—
The Committee divided: Ayes 10, Noes 2.
Division No. 69]
AYES
Abbott, Ms Diane
Bercow, Mr. John
Borrow, Mr. David
Bryant, Chris
Eagle, Angela
Love, Mr. Andrew
McKechin, Ann
Simon, Mr. Sion
Smith, Jacqui
Watson, Mr. Tom
NOES
Chope, Mr. Christopher
Donaldson, Mr. Jeffrey M.
Question accordingly agreed to.
Motion made, and Question put, That this schedule, as amended, be the Sixteenth schedule to the Bill, and that schedule 17 be the Seventeenth schedule to the Bill.
The Committee divided: Ayes 10, Noes 2
Division No. 70]
AYES
Abbott, Ms Diane
Bercow, Mr. John
Borrow, Mr. David
Bryant, Chris
Eagle, Angela
Love, Mr. Andrew
McKechin, Ann
Simon, Mr. Sion
Smith, Jacqui
Watson, Mr. Tom
NOES
Chope, Mr. Christopher
Donaldson, Mr. Jeffrey M.
Question accordingly agreed to.
Schedule 16, as amended, and schedule 17 agreed to.
|
