New Clause 21 (Hansard, 19 May 1986)

§ Mr. Major
I beg to move, That the clause be read a Second time.

§ Mr. Speaker
With this it will be convenient to consider the following:
33 Government new clause 22—Application of Parts I and V to special cases.
Government amendment No. 56.

§ Mr. Major
Amendment No. 56 deletes the present clause 16 and enables it to be replaced by clauses 21 and 22 respectively. Clause 16 dealt with Crown employment and requires replacement following changes to the Bill made in Committee. In particular the introduction of statutory maternity pay in part V of the Bill meant that we were faced with either having a second clause dealing with Crown employment or, alternatively, removing the existing provision in clause 16 and introducing a new provision. We have chosen to do the latter as the neater way of achieving our aim. That is the substance of this grouping.
As the House will know, it is normal in social security legislation to apply to Crown employees and members of Her Majesty's forces only those provisions that affect them through their contracts of service where that would be in their best interests. Where it is more advantageous for them to be excluded from the general arrangements that is also generally and traditionally done. For this Bill we are sure that it is right that these groups should be able to participate in the new personal pension scheme arrangements and also in family credit. Consequently, subsections 1 to 3 of the new clause will make that possible.
I should say, in order to eliminate questions, that income support in this regard is not relevant since members of the forces are in full-time employment and special arrangements will exist for rental assistance for service men and women in Crown property. Therefore, housing benefit is also excluded. The special assistance is broadly similar to rent allowances.
Statutory maternity pay is also excluded. For many years it has been the arrangement that members of Her Majesty's forces are excluded from sickness benefit and, in more recent years, from statutory sick pay as well as maternity allowance. There is nothing malign or difficult about this proposition. It is because there are alternative arrangements made for them which are far more convenient for all concerned. It is for that reason only that we have decide to excluded members of Her Majesty's forces from statutory maternity pay and to continue their exclusion from maternity allowance. Subsections (4) and (5) of new clause 21 effectively include Crown employees for these benefits but excludes members of Her Majesty's forces.
New clause 22 gives the Secretary of State powers to make regulations to modify the pension provisions of part I and statutory maternity pay so as to make them suitable for mariners, airmen, people outside Great Britain and workers on oil rigs. In seeking the powers, the Government are simply ensuring that regulations can be made, if necessary, to iron out any awkwardness that might arise in adapting the personal pensions and maternity pay proposals for those people who are not employed in conventional jobs on mainland Britain. It repeats the provision which was formerly in clause 16 of the Bill for pensions purposes and it follows the wording of section 22 of the Social Security and Housing Benefits Act 1982, which made the same provision for statutory sick pay.
I should emphasise again that there is no special reference to income-related benefits in new clause 22 34 since, whatever special protection may be necessary, can be made under other powers in the Bill. The new clauses do not enter any fresh note of contention into our proceedings and I commend them to the House.