§ Baroness Hollis of Heigham rose to move, That the draft regulations laid before the House on 22nd February be approved [11th Report from the Joint Committee].
§ The noble Baroness said: My Lords, these regulations will allow Opra to impose a civil sanction on trustees who fail to produce audited accounts on time or fail to provide required information to the Registrar of Occupational and Personal Pensions. Opra currently has power only to impose a criminal penalty and that has not proved as effective as intended. As your Lordships will be aware, all Pensions Act regulations which involve a criminal sanction are required to go through the affirmative procedure. We are seeking to set appropriate offences as civil offences. Essentially, the two that we are seeking to establish are where employers fail to pay pension contributions on time. Rather than having to pursue a lengthy and time-consuming criminal prosecution, Opra would be able to impose an immediate civil sanction for such breaches. We believe that that is a more appropriate procedure than a criminal prosecution.
§ I could take the time of the House in explaining why the provision is necessary, but I wonder whether your Lordships would seek for me to do so tonight. I hope that I have your Lordships' consent in moving the regulations. Unless there are any questions about what the regulations will achieve, which is essentially to move from criminal to civil offences where employers fail to return their accounts on time and trustees fail to undergo properly their responsibilities, I am happy to move the Motion. But if your Lordships have any further inquiries, I should be happy to try to answer them. I beg to move.
§ Moved, That the draft regulations laid before the House on 22nd February be approved [11th Report from the Joint Committee].—(Baroness Hollis of Heigham.)
§ On Question, Motion agreed to.
§ House adjourned at thirteen minutes past six o'clock.