§ 8.35 p.m.
§ Proceedings after Third Reading resumed.
§ Clause 82 [Additional functions of UKAEA]:
§ Lord Triesman moved Amendment No. 7:
§ Page 63, line 14, leave out "nuclear pension schemes" and insert—
- "(i) nuclear pension schemes; and
- (ii) such public service pension schemes as may be approved by the Secretary of State for the purposes of this subsection."
§ The noble Lord said: My Lords, Amendments Nos. 7 and 8 address the issue that was raised by the noble Lord, Lord Maclennan, on Report. His proposal was that the UKAEA's powers to administer pensions schemes should be widened beyond the extension already proposed by the Government to include not just nuclear pension schemes but public sector schemes in general.
§ Given the expertise of the UKAEA's Thurso pensions office and subject to appropriate ministerial oversight, we saw considerable merit in his proposal. The Government have therefore tabled these two amendments for noble Lords' consideration. They extend the UKAEA's powers to administer pensions schemes to "public service pension schemes". The terminology used is consistent with the Pension Schemes Act 1993 and the Pension Schemes (Northern Ireland) Act 1993. It would cover, for example, the Principal Civil Service Pension Scheme.
§ Before being able to administer public service schemes, the UKAEA will need to secure ministerial consent. We will also need to ensure that UKAEA is structured so as to ensure that competition is run on a fair and equal basis. The amendments provide the necessary enabling powers for the UKAEA to enter this market. I beg to move.
§ Baroness Miller of HendonMy Lords, we welcome this extension of the pension rights.
§ On Question, amendment agreed to.
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§
Lord Triesman moved Amendment No. 8:
Page 63, line 26, at end insert "; and
public service pension scheme" means a public service pension scheme within the meaning of the Pension Schemes Act 1993 (c. 48) (see section 1) or the Pension Schemes (Northern Ireland) Act 1993 (c. 49) (see section 1).
§ On Question, amendment agreed to.
§ Clause 85 [Application of criminal law to renewable energy installations]:
§
Lord Kingsland moved Amendment No. 9:
Page 65, line 13, leave out subsections (6) and (7).
§ The noble Lord said: My Lords, these amendments return to a matter that we raised on Report about the scope of the criminal law.
§ Under subsections (6) and (7) of Clause 85, liability may attach personally to the directors and the officers of companies for any criminal offence by their company, whatever its nature, committed on an offshore renewable energy installation or in a renewable safety zone. That applies even where there may be good policy reasons why directors and officers would not otherwise be personally liable.
§ We support the application of the normal criminal law to renewable energy installations and the area around them and the liabilities of directors and officers that arise under that law. However, we know of no good reason either for creating the difference in approach between the onshore and offshore regimes or for widening the scope of the criminal law.
§ In our view, the creation of differential criminal law regimes in this manner is inherently undesirable. We need only consider the potential clash between these provisions and any new offence of corporate killing— for example, where the Government propose not to attribute liability to directors—to see how problematic Clause 85, as drafted, really could be.
§ After further consideration, we believe that the liability of directors and officers that would apply as if the offence in question had taken place within a part of the United Kingdom is adequately covered by Clause 85(1). On this basis, it seems sufficient simply to omit subsections (6) and (7).
§ The second amendment serves to omit a definition of "director" that appears to have no function if our first amendment is accepted. I beg to move.
§ Lord WhittyMy Lords, I opposed an equivalent amendment tabled in Committee but, having reflected on the wisdom of the words of the noble Lord and his advocacy this evening, I am prepared to accept these amendments.
§ Lord KingslandMy Lords, if only achieving success for every amendment were as simple as that. I thank the noble Lord most warmly for his reaction to our amendments.
§ On Question, amendment agreed to.
§
Lord Kingsland moved Amendment No. 10:
Page 65, leave out lines 33 and 34.
§ On Question, amendment agreed to.
§
Lord Higgins moved Amendment No. 11:
After Clause 89, insert the following new clause—