22/03/2017 House of Commons


22/03/2017

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Order. Urgent question. To ask the Secretary of State for Transport if

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he will make a statement on recent changes to aviation security.

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Secretary of State for Transport, Secretary Chris Grayling. The safety

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and security of the travelling public will always be paramount

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concern and this government will not hesitate in putting in place any

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measures we believe are necessary, effective and proportionate. That is

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why yesterday we took the decision to step up some of our aviation

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security measures in response to potential threats to aviation as set

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out in a written ministerial statement yesterday afternoon.

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These new measures will be applied to all inbound direct flights to the

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United Kingdom from Turkey, Lebanon, Jordan, Egypt, Tunisia and Saudi

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Arabia. We have explained this decision at all levels with our

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partners in the region. We have also spoken to European partners such as

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Germany and France with significant interest in aviation and other

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partners elsewhere whose travellers and carriers may be affected. The

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House will be aware the US government made a similar

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announcement shortly before regarding the rights to the United

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States and we have been in close contact with them to fully

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understand their position. Whilst the United Kingdom has some of the

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most robust security measures in the world, we can never be complacent.

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That is why we continue to work in conjunction with our international

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partners and the wider aviation industry, to keep security under

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constant review. And to ensure that when you

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measures are done so in a way that can keep the level of disruption it

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may cause to passengers to a minimum. Passengers boarding flights

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to the United Kingdom from the countries I've just listed will not

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be allowed to take any phones, laptops and tablets larger than a

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normal sized mobile phone. This is to assist both airlines and

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passengers. A length of 16 centimetres, width of 9.3 and a

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depth of 1.5 centimetres. Passengers are advised to take some simple

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steps that check-in to prepare, by placing these personal electronic

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devices into their hold luggage before going Central 's security.

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Normal cabin luggage restrictions will apply. Passengers should check

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on the line for further information. My department is working

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round-the-clock with the industry to ensure that passengers get the

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information they need, when and where they need it. While we would

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do everything we can to minimise the disruption to people's journeys, we

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do understand the frustration this may cause, but he will understand

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that our top priority will always be to ensure that public safety is

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maintained. Mr Speaker, these new measures are concerned with flights

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into the United Kingdom. The UK is not advising against flying to and

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from these countries. Those with Immonen travel should contact their

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airline for further information. -- with Immonen travel.

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UK airports have been informed and my officials have asked them to

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consider stepping up their own contingency arrangement should they

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be needed. I know the whole house will recognise the fact that we face

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a constantly evolving threat from terrorism and must respond

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accordingly to ensure the protection of the public against those who

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would do us harm. The changes we are making to our security measures are

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an important part of that process and I assure the House we will

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continue to work closely with airlines, airports and the wider

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travel industry in the coming weeks to ensure passengers know what is

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expected of them. I ask for their patience as these new measures bed

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in. Mr Speaker, I will continue to keep the House updated on

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developments. This is a major change to our aviation security regulations

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and carries with it serious potential for delay and confusion

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for UK passengers. First they a minister explained why the UK and US

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ban were announced within hours of one another, yet provide for

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different countries, airlines and in effect different devices? The United

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Arab Emirates, Kuwait and Morocco are countries all affected by the US

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ban but not included in the UK's. No US operator is affected but six

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British airlines are. Size restrictions on electric items

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differ between the two. The Washington Post reports that US

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officials have been discussing new restrictions for over a fortnight.

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When exactly did ministers first learn of these potential changes?

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Does he agree that to avoid passenger confusion and delay on

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effort should be made to harmonise these and for what specific reasons

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did he exclude fewer countries than the US?

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Passengers presently booked to fly from an affected airport are unclear

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about what the band will mean in practice. For those who fly on the

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hand baggage only fares, what procedures are in place to

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communicate changes before turning up to security at a busy airport?

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Will UK passengers have to buy luggage to carry electronic devices?

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What discussions has he had with insurers, who do not routinely cover

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electronics carriage in the hold and what assessment has he made in

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regard of theft and damage to devices? Efficacy, have restrictions

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been put in place in response to specific threats that differs in

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nature to the Al-Shabab attack that took place more than a year ago and

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did not result in the loss of an aircraft. Have these measures be

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made in addition and what evidence does he have in placing problematic

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items in the hold is safer than the capping, especially with devices

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with lithium ion batteries? Aviation security is under constant review,

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can he assure us that all has been done to make sure regulations are

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effective, consistent, and put the passenger first? We respond in

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aviation security to the evolving threat we face from terrorists.

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There are some things that we don't and I will not give him full details

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of the background to the decision taken, it is in response to an

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evolving threat and he would not expect me to do that but we have

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taken steps we have taken for good reason. In terms of differences

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between the United Kingdom and United States approach, their

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approaches for them. What we have done is consider evolving

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information, reached the decision about what we believe is in the

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interest of the UK and protection of citizens. He asked about why this

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does not affect UK... US operators and the answer is they do not

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currently fly to destinations affected and other airlines do. We

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have applied our change to the requirements on airlines, to all

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airlines that fly the route, UK and non-UK. This is a matter we keep

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under review and have done for some time and we have taken the decision

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because we believe it is the right one to take against a background of

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the evolving threat. He asked about hand baggage only and that is a

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matter for the airlines to resolve. We have been in discussion with them

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as they are preparing to implement the change and it will be for them

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to establish how to handle bat in context of passengers booked in hand

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baggage only and it will be a matter for the individual airline to decide

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how to do it. Insurance, I will write to the association of British

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insurers to ask them to be mindful. He makes an important point about

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the risk of theft. We will ask the industry to be careful to take that

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into account and be realistic about this. Otherwise, we have taken the

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decision we have taken in a way we believe is necessary to protect the

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safety of UK passengers, but he will understand that the background to

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every decision of this kind inevitably is not based on matters

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we can automatically put into the public arena.

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Having just returned from a police cancelled trip we saw the effect on

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the economy in Egypt on the continuing ban on flights to region

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and we met first-hand with the Egyptians and they have concerns

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they are singled out in some way, which might be the reaction of other

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allies made today. Will he commit to discussing with other ministers a

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diplomatic offensive to go to these countries and explain why these

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actions are being taken and they are not being single that? Will he

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liaise with his colleague in the Department for International

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Development to provide extra assistance to these countries at

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their airports because this will cause further disruption and some

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have not got the capacity to introduce a new security measure? I

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can give him a categoric assurance we are already in dialogue with

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those countries. That we will take care to ensure we do everything to

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help at the other end at their airports. We already cooperate

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closely. This is not a question of singling out countries. We would

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never embark upon a process of singling out countries. The

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decisions we take our taken on the basis of what we believe the risks

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are and where we believe we need to take steps to protect UK citizens.

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Safety must of course be the priority but there are too many

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loose ends here. Does the government have evidence the security risks to

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flights from the countries listed are greater than those on flights

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other countries, otherwise why have flights from these countries alone

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been targeted? Why have the UK and USA apparently reached different

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conclusions, I assume from the same intelligence, about the countries

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from which in cabin electronics present the greatest risk, or of the

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differences about something other than intelligence? If the presence

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of electronics on aircraft flying from countries listed is a security

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threat, why are there no restrictions on electronics in hold

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baggage from those countries? What thought has been given to people

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carrying electronics on board who change planes in countries not

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affected? What liaison has there been with the countries listed with

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countries not listed and with airlines, all of whose confidence

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and cooperation will be crucial to the effectiveness of the measures

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introduced? What action is he taking to ensure passengers get clear

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information about what they are and are not allowed to take on board, to

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ensure delays are minimised? Safety has to be the priority but there

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really are too many loose ends. If there really are security grounds

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for the restrictions he has introduced, he has to be clearer

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about what those security grounds are, otherwise both the UK

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Government and US government will remain open to suspicion that they

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are unreasonably singling out countries in the Middle East and

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North Africa, rather than thinking through properly what precautions

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can actually keep flights safe from terrorism, wherever the aircraft fly

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from. I have to take issue with the last point. The party opposite was

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in power 13 years and his predecessors on the front bench

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understood there are things we cannot set out in public that lie

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behind decisions taken in the interests of passengers. That has

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not changed through all the years. I understand his desire for

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information, but the reality is we have an evolving security threat to

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aircraft, we take decisions when we believe necessary, to protect

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citizens. It is nothing to do with singling out countries nor what the

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destinations are, the decisions we take are purely and simply based on

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an evolving security threat and what we believe is the right way to

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protect UK citizens. The US administration will take its

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decisions about how to protect its citizens. We do not always have to

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take the same decisions on behalf of both countries. We have done what we

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think is right for the UK. You've raised other points. Transfer

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passengers, the rules will apply to transfer passengers. As is the case

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now, they will normally go through a further security check and subject

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to the same gate checks and if they have a laptop, tablet, a large sized

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phone, it will be placed in the hold. The airlines individually are

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working with our support to provide the best information to passengers,

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as will the Foreign Office and government agencies that play a role

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but first and foremost our priority in response to a security threat is

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to provide the best protection for citizens. Why are they safe in the

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hold? As I said and I hate to be

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disingenuous in terms of repeating answers, but I cannot discuss the

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detail of that evolving security threat. We have taken what we

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believe is the right decision in the interests of protecting citizens.

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We cannot second-guess the security intelligence the government has

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received and the safety of citizens is the primary concern of the SNP

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and Scottish Government, who will work closely with UK Government to

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ensure proportionate measures are in. Can I ask him what discussions

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have taken place with the Scottish Government and did those include a

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commitment to keep them and transport Scotland up to date with

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events? Will those who are impacted by booking previously just with hand

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baggage, who may be facing extra charges, have mitigation put in

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place or compensation, and finally, what additional resources will be

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available to UK airports if required to take forward these measures?

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On that latter point, the impact on UK airports is not an immediate one

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because these new rules do not apply to UK airports but we have asked

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them to think practically ahead in case matters change. In terms of

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liaison with the Scottish Government, the minister for

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aviation and officials were in contact with the Scottish Government

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yesterday and the Scottish minister and my honourable friend have yet to

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fix a time to speak book will do so today and we will keep the Scottish

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Government informed. With regard to people who booked hand baggage only,

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we have been in discussion with airlines and we expect the airlines

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will work a system that ensures people are not worse off as a result

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of the changes. I commend my right honourable friend

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for ensuring the paramount importance of our national security

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and safety of British citizens travelling. Gatwick Airport in my

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constituency, I am also grateful for him talking with the airport

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authorities and tour operators in my constituency. Can I seek assurances

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he will continue to keep them involved as this evolving situation

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develops? I can give him that guarantee. We

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are talking to the industry as a whole and it is my hope we won't end

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up having to take further steps but we need to be mindful of the

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evolving security threat and security of British passengers will

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be top of our priority list. I am reassured security is paramount

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and it must remain so, but could the minister please clarify exactly how

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passengers will know what arrangements they have to make for

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individual journeys and is he still looking at the situation at overseas

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airports where it is known there are security concerns?

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We have a widespread effort to ensure we provide protection to

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citizens in the UK and when they are in other countries. We do extensive

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security liaison work with other countries including the region

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affected, and I am grateful to all countries we work with for the

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cooperation and support they provide. It is in all our interests

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we continue to maintain aviation and tourist flows and to provide

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economic benefits to all parties that good aviation brings and we

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will do everything to work with partners to ensure we have a safe

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and aviation sector as we can. I think we all accept circumstances

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change and threats will change over time. Could the minister confirm

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whether or not there is a time limit to these changes and is there a

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specific date when they will be reviewed?

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In terms of time limits... The change will be implemented, going

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forward from now by the airlines. They are being asked to have that

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changes in place within a very short period of time. They and we will

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have a communication job to do to people returning who will be

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affected by this, there is a need to do that well. In terms of time

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limits, we hope this is a temporary measure but we will keep it on under

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review and keep these measures in place as long as they are necessary

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to secure the safety of our passengers.

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I accept the Secretary of State may not be able to answer these two

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questions, but why does this only apply to direct flights? Are other

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countries under active consideration to be added to the list?

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I think all I can honestly say in response to the questions is we keep

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these issues under constant review. The decisions taken this week we

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believe are the right ones, in the face of the evolving terrorist

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threat. Thank you Mr Speaker. I think the

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Secretary of State for his update. Many of my constituents working at

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NATS, for those starting their journeys at regional airports, how

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will the communication start Tommy 's journeys?

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It will be very much the responsibility of the airlines going

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forward to explain this. We will provide whatever support to them.

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Perhaps if I could extend my thanks to all those people in the UK

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airlines and international airlines, with whom my department has been

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working in the last few days. They have been enormously helpful and

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cooperated in what is a difficult change for them and I think we

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should be very grateful to them. Can I ask the Secretary of State

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about flights from this country... Is he confident that if a terrorist

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try to get a laptop or an iPad onto a plane here they would be detected

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and there would be absolutely no chance of getting it throughout

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security? Well, Mr Speaker, our airports and

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security industry I believe are among if not the best in the world.

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I think we should be proud of how well our airports are protected.

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What I would say to him is the decisions that we take and will take

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in the future will be based upon our assessment of what is necessary at

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any particular time, and our judgment is the changes we are

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making today is what is necessary at this moment in time given the

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evolving threat. My right honourable friend is

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absolutely right when he says security must be the Government's

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top priority, something I am sure people will feel comfortable within

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the long run. My honourable friend mentioned minimising disruption and

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frustration for passengers. I want if he could tell us what discussions

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he's had with the Home Office counterparts that border force to

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minimise disruptions when on Monday this week Gatwick only had five

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scanners working from the very many they had.

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Obviously that is disappointing if there is a temporary problem at the

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Apple. Gatwick, my experience of travelling through there in recent

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times, is its pretty good. I think probably something must have gone

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wrong on that particular day. What I would say to him is I know all of

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our airports and those in the board border agency will work with the

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airlines to try make sure that any steps we take to address security

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issues are done so in a way that minimises the maximum possible

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extent. The Secretary of State is absolutely

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right to take whatever measures are necessary to protect the public from

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the threat of terrorism. But further to the question put by the member in

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respect of Egypt, he mentioned to Messier, which has already been

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suffering because of the travel ban. This will be an added burden on

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those travelling from Tunisia is the Tunisian authorities came to the

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Government and asked for assistance with the initiation of new scanner

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equipment would we be willing to help them provide that kind of

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equipment? Well, Mr Speaker, I'm grateful to

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the right honourable gentleman for his supportive comments. We already

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provide extensive support and will continue to do so. My honourable

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friend the Minister is due to be visiting there in a couple of weeks'

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time. We are already in contact with the Tunisians and with the Egyptians

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and we will do what we can to help them, both with this issue and

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related issues, but will always put the safety of our own citizens

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first. Further to the point made raised by

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the member for Devon East there are about 100,000 people employed in the

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tourist industry and Shah Mel Sheikh. This could lose their jobs

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if the flight ban continues. Does my right honourable friend consult with

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other people I see sitting on the Treasury bench to ensure the impact

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of that degree of unemployment and the impact that could have on the

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wider supply chain jobs that could lead to further radicalisation of

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people in the south Sinai are considered?

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What I would say to my honourable friend is we have extensive

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conversations with the Egyptians. We have the situation in Sharm El

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Sheikh under permanent monitoring by my right honourable friends in the

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Commonwealth office and Home Office, who are in regular contact about

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these issues, as is my own department. Fundamentally, whilst I

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would love to see us resume flights to Sharm El Sheikh at the earliest

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opportunity, we can only do so at a point where we are confident about

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the security and safety of our own people. I'm sure once they have that

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confidence we would want to resume those flights.

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The Government is of course right to act swiftly in response to

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intelligence regarding terror threats but a number of very

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important questions remain. I think as another member noted, some

:24:27.:24:33.

passengers will change planes in third countries. What discussions as

:24:34.:24:36.

he had with his counterparts in other countries about the

:24:37.:24:39.

implementations of these restrictions for transfer

:24:40.:24:42.

passengers? Well, Mr Speaker, I said yesterday

:24:43.:24:48.

as we took the decision, we have already had contact at ambassadorial

:24:49.:24:52.

and add some places at ministerial level with our counterparts in other

:24:53.:24:56.

countries. They will each take their own dishes decisions about what is

:24:57.:24:59.

necessary, but we are clear what is right for our citizens. -- their own

:25:00.:25:04.

decisions. Other countries will be contemplating what their best steps

:25:05.:25:10.

are in terms of their rent citizens. As this is an evolving threat can my

:25:11.:25:15.

right honourable friend confirmed that countries and indeed airports

:25:16.:25:19.

could be added, and indeed removed from the list the Government has

:25:20.:25:23.

public should, should the British intelligence services so recommend?

:25:24.:25:29.

We will obviously keep this and other security issues in relation to

:25:30.:25:32.

our aviation sector under review. We will take whatever steps in future

:25:33.:25:36.

are necessary to provide that protection. It is my hope that this

:25:37.:25:41.

new set of measures will ultimately prove to be temporary, but first and

:25:42.:25:44.

foremost our focus will be on the security and safety of our

:25:45.:25:50.

passengers, and so that will be a deciding factor on what we do in the

:25:51.:25:53.

future. The US ban will be enforced on

:25:54.:26:01.

Saturday, following 96 hours notice. He said earlier airlines here

:26:02.:26:04.

implemented over a short period of time. Has he given the airlines in

:26:05.:26:10.

the UK an indication of a firm deadline by which he expects

:26:11.:26:14.

implementation of the UK ban? We are expecting this to be

:26:15.:26:19.

commended in the same time frame. I am sure the Secretary of State

:26:20.:26:22.

would agree on a day like this it should be about reassurance. That

:26:23.:26:27.

threats are reacted too, that passengers shouldn't be panicking

:26:28.:26:33.

about these announcements. What steps will be taken to reassure

:26:34.:26:36.

passengers as well as inform them of government is doing?

:26:37.:26:41.

Let me be clear to the House again. We are not saying to people not to

:26:42.:26:45.

travel to these countries. We are not saying to people cancel your

:26:46.:26:49.

flights or cancel your holidays. We want aviation to continue as normal.

:26:50.:26:54.

We are simply taking additional security measures to make sure that

:26:55.:26:57.

that aviation is safe for those people who travel and there is

:26:58.:27:01.

absolutely no change to Foreign Office travel advice, no changed of

:27:02.:27:06.

advice to people about how and when they should travel. This is purely

:27:07.:27:08.

about making sure when they travelled they are safe.

:27:09.:27:15.

The Secretary of State has said that anyone who is travelling with a hand

:27:16.:27:20.

baggage only dig it would not be charged or out-of-pocket and

:27:21.:27:24.

encouraging the airlines to take the right course of action. With the

:27:25.:27:28.

Secretary of State considered doing something further to make sure that

:27:29.:27:31.

no one is going to be charged for putting hand baggage in the hold?

:27:32.:27:35.

Mr Speaker, this is something we are in discussion with the airlines

:27:36.:27:39.

about. This is not about inability to take hand luggage into the cabin.

:27:40.:27:43.

If somebody arrives at the gate with one of these items in their bag it

:27:44.:27:47.

will be put in the hold. It's not about saying you can't have hand

:27:48.:27:51.

luggage. So some people may choose to put their handbag into the hold

:27:52.:27:54.

it is simply about the device itself.

:27:55.:28:03.

Thank you to the Secretary of State. I am not seeking any information

:28:04.:28:07.

from him on the nature of the, but I am compare concerned diplomatic

:28:08.:28:13.

diplomatic relationships with allies. I have returned Egypt and

:28:14.:28:19.

its security arrangements are that jeopardises the longer term security

:28:20.:28:23.

of UK citizens. That is precisely why these are

:28:24.:28:27.

difficult issues and why we will do everything we can to strengthen our

:28:28.:28:31.

partnerships with those nations and to send a very clear message that

:28:32.:28:35.

not saying to people as a result of this change stop flying on those

:28:36.:28:40.

routes. This is about saying, actually, you should have more

:28:41.:28:43.

confidence in flying on those routes because I believe the measures we

:28:44.:28:46.

are putting in place today should protect your safety, rather than

:28:47.:28:54.

have the opposite effect. I commend my honourable friend from

:28:55.:29:00.

Luton for raising this up important question. We are approaching Easter,

:29:01.:29:03.

a time when many families will be taking flights, many of those

:29:04.:29:07.

families will be nervous flyers or have nervous fliers among those

:29:08.:29:11.

families. What reassurance can be given to those families, taking

:29:12.:29:14.

flight from other destinations, not once listed, that the terrorists are

:29:15.:29:17.

not just going to go we can no longer fly and use our laptops in an

:29:18.:29:21.

appallingly offended way on these flights, we will go to another

:29:22.:29:25.

country that doesn't have a ban. What reassurances can those

:29:26.:29:27.

countries have? The reassurance I would give to

:29:28.:29:29.

Point of order. Previously on a business question I pointed out the

:29:30.:33:47.

Lib Dems and Labour have been fined for conduct in the 2015 election and

:33:48.:33:53.

I drew attention to the fact the Tories were under investigation and

:33:54.:33:56.

the Electoral Commission expressed concerns finds were not a deterrent.

:33:57.:34:03.

The leader of the house dismissed me with a how dare I raised that? Now

:34:04.:34:17.

that the Tories have been fined a record ?70,000, how can I make sure

:34:18.:34:22.

the record is correct that the SNP is the only major party not find at

:34:23.:34:27.

the election and there were no financial shenanigans. Thank you for

:34:28.:34:34.

the point of order and characteristic courtesy in giving me

:34:35.:34:38.

advance notice of his intention to raise it. I would say first of all

:34:39.:34:45.

he has found his own salvation by putting what he regards as the

:34:46.:34:50.

factors of the mass of the record. Where they will permanently reside.

:34:51.:34:57.

Doubtless to the great delight of the honourable gentleman and

:34:58.:35:00.

possibly of other people in Caol Marnoch. Secondly, -- Kilmarnock.

:35:01.:35:07.

When the honourable gentleman says what can be done to secure an

:35:08.:35:11.

apology from the leader of the house, I fear that that may be a

:35:12.:35:21.

case of optimism triumphing over reality. I was here at the time. The

:35:22.:35:28.

leader of the house is responsible for what he says. I think the leader

:35:29.:35:34.

of the house offered a robust response in the course of what might

:35:35.:35:37.

be thought to be a knock-about exchange. I have always thought the

:35:38.:35:43.

honourable member for kill Marnoch is a steely fellow himself, but if I

:35:44.:35:49.

am mistaken on that front, can I commend him the benefits of

:35:50.:35:53.

acquiring at least one of the characteristics of the rhinoceros. I

:35:54.:36:00.

am referring not, of course, to aesthetic beauty, but two notable

:36:01.:36:05.

resilience. We will leave it there for now. If there are no further

:36:06.:36:11.

points of order, at any rate not for the moment, we come now to the

:36:12.:36:24.

presentation of a Bill. Order. I'm sure honourable members will await

:36:25.:36:28.

with anticipation and a degree of excitement the presentation of bill

:36:29.:36:34.

in the name of the right honourable gentleman for Leicester East, Vista

:36:35.:36:40.

Keith Vaz violent crime sentences Bill. -- Mr Keith vows. Order, we

:36:41.:36:53.

come now to the Ten Minute Rule Motion. Mr Tim Farron. I beg to move

:36:54.:36:59.

leave be given for me to bring in a Bill to make provision for the

:37:00.:37:03.

holding of a referendum in the UK and Gibraltar on the proposed terms

:37:04.:37:09.

for the United Kingdom to leave the European Union and connected

:37:10.:37:13.

purposes. In June last year a narrow majority voted for the UK to leave

:37:14.:37:17.

the European Union. I regret the outcome but I am a Democrat and

:37:18.:37:22.

accept it. A week from today divorce proceedings will begin and the

:37:23.:37:27.

country faces a greater period of uncertainty than most of us have

:37:28.:37:31.

experience. One thing is certain, democracy did not end at 10pm on the

:37:32.:37:38.

23rd of June last year. The Secretary of State for Exiting the

:37:39.:37:42.

European Union aid the case eloquently for what is now this

:37:43.:37:45.

proposal from the Liberal Democrats and others and used the phrase a

:37:46.:37:51.

first mandate referendum and then a second decision referendum and said

:37:52.:37:55.

and I quit, the aim of the strategy is to give the British people the

:37:56.:38:00.

final say, but is also to reinforce the legitimacy and negotiating power

:38:01.:38:05.

of the British negotiating team, end of quote. I could not agree with him

:38:06.:38:11.

more. It is a great shame he does not agree with himself any more. In

:38:12.:38:16.

rejecting a second referendum on independence to Scotland last week,

:38:17.:38:21.

the Prime Minister said, I quote, I think it will be fair, I am sorry,

:38:22.:38:26.

would not be fair to the people of Scotland because they are being

:38:27.:38:29.

asked to make a crucial decision without all the necessary

:38:30.:38:32.

information, without knowing what the future partnership would be or

:38:33.:38:36.

what the alternative of an independent Scotland would look

:38:37.:38:41.

like, end of quote. She is now asking the United Kingdom to proceed

:38:42.:38:45.

to forge a relationship with the rest of Europe and the world on

:38:46.:38:50.

exactly that basis, a decision taken last June and without as she says,

:38:51.:38:55.

all the necessary information. Without knowing what the future

:38:56.:39:02.

partnership would be. The Secretary of State for exiting the EU original

:39:03.:39:06.

case stands. We started the process last June with democracy, so we must

:39:07.:39:11.

end it with democracy. I accept we have had our mandate referendum in

:39:12.:39:15.

which the British people voted to leave but voting for departure is

:39:16.:39:19.

not the same as voting for a destination and the government

:39:20.:39:22.

should give the British people a decision referendum to be held when

:39:23.:39:27.

the negotiation is concluded say that the people have all information

:39:28.:39:33.

and know what our future partnership will be, because it is the people

:39:34.:39:36.

who are suffering. The people must have their say over what comes next

:39:37.:39:42.

and this Bill would enshrine in law their right to do so. Last week when

:39:43.:39:47.

debating even the right of Parliament to have the final say on

:39:48.:39:52.

the Brexit deal, the government displayed ludicrous inconsistency

:39:53.:39:56.

and double standards. They asked us to take back control but the first

:39:57.:40:00.

thing they do is undermine the principle of democratic

:40:01.:40:05.

accountability. By refusing to allow a meaningful vote in this House. The

:40:06.:40:10.

detail or general nature of the deal this government may reach with the

:40:11.:40:15.

EU is currently completely unknown and a mystery to us and to them, yet

:40:16.:40:21.

the British people are now told they must simply shrug and accept any old

:40:22.:40:27.

deal, irrespective of its content or quality. When a deal is done it will

:40:28.:40:32.

be signed off by someone. The only question is who? Will it be the

:40:33.:40:37.

politicians, will it be the people? My party believes the deal should be

:40:38.:40:44.

signed off by the people. There were no plans, instructions, prospectus,

:40:45.:40:49.

vision offered to voters by the campaign. I did not agree with the

:40:50.:40:55.

case for Scottish independence in 2014 but credit where credit is due.

:40:56.:41:03.

There was a 670 page prospectus of what Scotland outside the United

:41:04.:41:06.

Kingdom would look like will stop believers did not present the

:41:07.:41:09.

British people with a prospectus. All they gave us was a lie on the

:41:10.:41:15.

side of a bus. The pro-independence campaign in Scotland presented the

:41:16.:41:19.

Scottish people not just with the option of departure but also with

:41:20.:41:26.

the option of destination. The Scottish people voted against

:41:27.:41:29.

departure and destination, but if the result had gone the other way

:41:30.:41:33.

there would have been no need to hold a people'svote on the final

:41:34.:41:38.

deal of independence from the UK. I still believe it is impossible for

:41:39.:41:43.

this government to negotiate a better deal with Europe than the one

:41:44.:41:46.

they currently, we currently have is a member of the European Union, but

:41:47.:41:53.

these negotiations will happen and a deal will be reached. Surely it is

:41:54.:41:58.

the only right and logical step to take to allow the people to decide

:41:59.:42:02.

whether it is the right deal for them, their families, jobs, their

:42:03.:42:08.

country. No one knows what the final deal will look like, but what we do

:42:09.:42:12.

know is the Prime Minister has already given up on the United

:42:13.:42:16.

Kingdom's membership of the single market without even putting up a

:42:17.:42:22.

fight. In January, after months of saying Brexit means Brexit, she

:42:23.:42:27.

finally came clean. Brexit means jumping out of the single market,

:42:28.:42:31.

the biggest marketplace, with all the consequences that will have for

:42:32.:42:36.

jobs and our economy. The Prime Minister is entitled to make that

:42:37.:42:43.

choice, but let us be clear, it is a choice, one of the reasons why I was

:42:44.:42:48.

astounded that the right honourable gentleman for is lit in North and

:42:49.:42:52.

many in his party, but not all, made the decision to vote with the

:42:53.:42:56.

government on Article 50 because this House did not vote to enact the

:42:57.:43:02.

will of the people, this House voted to interpret the will of the people

:43:03.:43:07.

and just like the Conservative Party in 2015 in their manifesto, I

:43:08.:43:12.

passionately believe ending our membership of the world's biggest

:43:13.:43:17.

free market will do damage to this country, it is vital for our economy

:43:18.:43:22.

and that is my my party and others refused to stop making the case that

:43:23.:43:26.

this deal must include membership of the single market. The Prime

:43:27.:43:31.

Minister had the choice to pursue a former Brexit that united our

:43:32.:43:34.

country and reflected the closeness of the vote and sought to heal

:43:35.:43:39.

divisions between leave and remain. She could have fought to keep us in

:43:40.:43:44.

the single market if she wanted to. She has chosen not to, she is

:43:45.:43:48.

pulling is out before negotiations have begun will stop yes, narrowly,

:43:49.:43:55.

the British people chose Brexit, but nobody voted for severance,

:43:56.:44:00.

irrelevance and decline that this exit from the single market will

:44:01.:44:04.

bring. It is this Conservative government that has chosen this

:44:05.:44:10.

Brexit. The referendum vote does not give the government a mandate for

:44:11.:44:15.

absolute severance from Europe. For 40 years the anti-European crowd

:44:16.:44:20.

have been saying words to the effect of in 1975I voted to be in the

:44:21.:44:25.

common market, I didn't vote to be in the European Union. Now we turn

:44:26.:44:30.

that on its head because in June, people narrowly voted to leave the

:44:31.:44:34.

European Union, but nobody voted to leave the common market. They were

:44:35.:44:39.

simply not asked. Nor did they vote to place a question mark over the

:44:40.:44:45.

status of friends and neighbours and loved ones to happen to be born in

:44:46.:44:50.

another part of the European Union. The action of this government and

:44:51.:44:54.

unwillingness to guarantee the rights of EU citizens living here is

:44:55.:44:58.

shameful and contrary to British values of openness and tolerance to

:44:59.:45:03.

refuse to do so. What I am seeking to do is to reinforce and strengthen

:45:04.:45:09.

the will of the people to allow the people to exercise their democratic

:45:10.:45:12.

rights and duties by giving them a choice over what we and our children

:45:13.:45:18.

will have to live with for generations, to either accept the

:45:19.:45:22.

deal the government cheese, or to say thanks, but no thanks, and opt

:45:23.:45:28.

to remain in the European Union. The gate has been opened, the direction

:45:29.:45:33.

is set, but the only way to achieve democracy and closure for both leave

:45:34.:45:37.

and remain voters is for there to be a vote at the end and if the Prime

:45:38.:45:42.

Minister is so confident what she is planning to do is what the people

:45:43.:45:47.

voted for, then why not give them a vote on the final deal? What is she

:45:48.:45:54.

scared of? What started with democracy cannot end with a stitch

:45:55.:45:58.

up. The deal must not be merely rubber-stamped, it must be agreed by

:45:59.:46:04.

the people. The question is that the honourable member have leave to

:46:05.:46:10.

bring in the Bill. As many who say aye. On the contrary, no. I think

:46:11.:46:20.

the ayes have it. He will bring in the Bill. Tom Brake, Norman Lamb,

:46:21.:46:29.

Greg Mulholland, Mr Mark Williams, Heidi Alexander, Geron Davis,

:46:30.:46:33.

Caroline Lucas, Jonathan Edwards and myself.

:46:34.:46:41.

The terms of withdrawal from the European Union referendum bill.

:46:42.:47:08.

Second reading, what day? 12th of May, 2017, sir. 12th of May, 2017.

:47:09.:47:18.

Thank you. Order, we come now to the programme motion. The ministers

:47:19.:47:20.

move. Move formerly. Thank you. The

:47:21.:47:32.

question is as on the order paper. As many of those who say aye, on the

:47:33.:47:39.

country no? I think the ayes habit. The clerk will proceed to be the

:47:40.:47:43.

orders of the day. Pension Schemes Bill laws as amended to be

:47:44.:47:50.

considered. We begin with new clause one, with which it will be

:47:51.:47:54.

convenient to consider the new clauses and amendments listed on the

:47:55.:47:58.

selection paper. To move new clause one, I call Mr Alex culling --

:47:59.:48:05.

Cunningham. We believe this is a good bill and goes a long way to

:48:06.:48:10.

regulating trusts and looking after interests of members. Sadly it does

:48:11.:48:18.

not address the issue that has been ruled out of scope of the Bill but I

:48:19.:48:23.

am pleased to report Stockton Borough Council backed it but Tory

:48:24.:48:27.

councillors abstained on that vote and so clearly they are not happy

:48:28.:48:32.

with the government, either. That said, we feel there are areas in the

:48:33.:48:36.

Bill that could still be improved and scheme members even better

:48:37.:48:38.

protected and informed. After the Commons committee stage we

:48:39.:48:45.

failed to convince the Government that having reviewed the Minister 's

:48:46.:48:48.

argument we still believed there were a number of issues we needed to

:48:49.:48:51.

cover at report stage this afternoon. The first of those I am

:48:52.:48:55.

forced to bring forward is the new clause one, the return to the issue

:48:56.:49:02.

of a last resort to master trust. The written statement read received

:49:03.:49:05.

on Monday, I think the removal of this clause is significant. I was

:49:06.:49:12.

surprised that he felt it was not. Mr Speaker, Mr Deputy Speaker, this

:49:13.:49:16.

new clause looks to ensure that in the event of a master trust

:49:17.:49:22.

failing... Sorry, excuse me, I've lost my place. This new clause looks

:49:23.:49:26.

to ensure in the event of a master trust failing there is a thunder of

:49:27.:49:30.

last resort, some money in place guaranteed the scheme members are

:49:31.:49:34.

not left out of pocket through no fault of their own. This would in

:49:35.:49:38.

effect act as a final underpinning of the promises that have been made

:49:39.:49:42.

to scheme members. Giving them recourse to legally establish a

:49:43.:49:47.

funding organisation committed to making good on scheme members to

:49:48.:49:54.

use. When debated the ministers failed to add this to the Bill,

:49:55.:50:04.

placing an unnecessary burden... The risk of collapse is minimal, the

:50:05.:50:09.

existing master trust would pick up any persons affected the Government

:50:10.:50:17.

consulting the industry on a panel of White knights who would commit to

:50:18.:50:21.

stepping in to ensure all scheme members are protected. I'm glad we

:50:22.:50:24.

have the Minister on record, saying there is no chance of their master

:50:25.:50:30.

trust going bust under the regulatory regime this Bill creates.

:50:31.:50:33.

It's clearly a gamble he is willing to take. On this side of the chamber

:50:34.:50:38.

we are not prepared to gamble with peoples pension savings. We believe

:50:39.:50:42.

that in order to best protect scheme members we need strongest possible

:50:43.:50:47.

regulatory environment in place, unlike the minister we are not

:50:48.:50:51.

content to leave things to chance. We have support from the industry

:50:52.:50:56.

itself on these proposals. For example the chair of standard life

:50:57.:51:00.

has called on the Government to be the founder of last resort because

:51:01.:51:08.

it is, they say, their foulups have led to these failures of master

:51:09.:51:11.

trust. The Minister plans for a panel of

:51:12.:51:14.

white knights. Does that suggest he does accept that there is a chance

:51:15.:51:19.

that a master trust might slip through his regulatory regime and

:51:20.:51:23.

leave scheme members unprotected? If he does, why not go the whole way

:51:24.:51:29.

and put the proper guarantees on the face of the legislation? There is

:51:30.:51:32.

simply no guaranteed that another trust will choose to pick up one

:51:33.:51:37.

that is failing. Why would they? What obligation do they have, and

:51:38.:51:41.

why would it be in their interests to do so? There have been a few

:51:42.:51:46.

pragmatic actions in this area but nothing, nothing is guaranteed.

:51:47.:51:51.

We all know the pensions industry and financial services industry have

:51:52.:51:54.

seen plenty of failures. At the Minister can tell us what happens if

:51:55.:52:00.

a large master trust fails and the data is in MS takes months to

:52:01.:52:07.

transfer members to a new skin? We cannot hope another trust will

:52:08.:52:11.

simply pick that up but instead we must intervene now to ensure a

:52:12.:52:14.

proper back-up plan. The Government must prepare for the worse case

:52:15.:52:18.

scenario and nothing I've seen so far convinces me that ministers are

:52:19.:52:23.

doing so. This is why there needs to be a

:52:24.:52:27.

thunder of last resort, because we must predict what could possibly

:52:28.:52:30.

happen, even if there is only the slightest chance, and ensure we have

:52:31.:52:36.

protection in place. I ask again, why won't the Minister provide

:52:37.:52:40.

people all over this country with a 100% assurance that the Bill without

:52:41.:52:44.

this provisional is enough to protect members? He must guarantee

:52:45.:52:48.

that no master trust will be in a situation whereby it has failed and

:52:49.:52:54.

has insufficient resources to meet costs, if he is to ignore our

:52:55.:52:58.

sensible amendment. In the absence of greater clarity, it is essential

:52:59.:53:02.

that this new clause remains in the Bill.

:53:03.:53:08.

I now turn to new clause two on the issue of member nominated trustees

:53:09.:53:13.

the master trusts. I would remind the House all the investment risk

:53:14.:53:16.

lies with the member and not the sponsor or the provider of the

:53:17.:53:19.

scheme and they should therefore have representation at the

:53:20.:53:22.

decision-making levels of the scheme. The pensions act 1995

:53:23.:53:28.

introduce the requirement for company pension schemes to have

:53:29.:53:34.

member nominated trustees. If the scheme's sole trustee of the

:53:35.:53:38.

company, including the employer rather than individuals, scheme

:53:39.:53:41.

members will have the right to nominate directors of that company,

:53:42.:53:48.

member nominated directors. The 2004 pensions act enshrined the act that

:53:49.:53:55.

at least one third of scheme trustees. The pensions regulator is

:53:56.:53:59.

clear that master trusts are covered by this legislation, which is why

:54:00.:54:04.

some already have member nominated trustees. What the TPR offers in

:54:05.:54:09.

explanation is that that exemption that can be taken by master trusts,

:54:10.:54:13.

given the reason having Paul of members poses problems of choice. We

:54:14.:54:19.

find that an inadequate reason for exemption. The greater the number of

:54:20.:54:26.

members, then surely the bigger the of choice. We agree independent

:54:27.:54:31.

trustees can adequately represent the interests of members if they

:54:32.:54:34.

have no stake in the investment process. What's more, they are paid

:54:35.:54:39.

and chosen by the master trust. This exemption seems like a convenient

:54:40.:54:43.

way of denying the right to representation of those who have a

:54:44.:54:46.

material interest in the performance of the master trusts. So we are

:54:47.:54:50.

returning with an amendment that seeks to give members the law they

:54:51.:54:56.

should be entitled to. My references apply equally to M MDs. The

:54:57.:55:03.

Association of member nominated trustees is adamant that master

:55:04.:55:07.

trusts must be obliged to have member representation on their

:55:08.:55:12.

boards. It is no surprise that a master trust are lobbying against

:55:13.:55:15.

this, but these companies are mostly profit-making entities. I'd say it

:55:16.:55:20.

is that their own best interests that they have scheme member

:55:21.:55:25.

representation in order to win the confidence of the scheme members.

:55:26.:55:30.

The role of the trustee boards is sometimes underplayed or

:55:31.:55:34.

undervalued. The association said, "Members are particularly comforted

:55:35.:55:38.

by having a member nominated trustee for their scheme. It helps them to

:55:39.:55:43.

feel reassured their retirement interests are truly being met and

:55:44.:55:47.

also they are being ripped off with excessive costs and charges." They

:55:48.:55:51.

are the only ones who have no personal interest or gain other than

:55:52.:55:54.

that of the members interests. Shared action also agree the saver

:55:55.:55:59.

should be able to subject decisions made on their behalf to healthy

:56:00.:56:06.

degree of scrutiny and challenge. Ensuring effective governance of

:56:07.:56:15.

pension schemes remains a challenge, whilst there is a clear absence of

:56:16.:56:19.

member nominated trustees in the majority of master trusts. However,

:56:20.:56:25.

while some companies choose to operate to contribution scheme, most

:56:26.:56:29.

auto enrolled members will not find themselves paying into one. Instead

:56:30.:56:33.

the vast majority of people will find themselves saving into a master

:56:34.:56:36.

trust or a group personal pension arrangement. In these schemes member

:56:37.:56:42.

representation is on-board more rare and at this point I would like to

:56:43.:56:45.

refer back to the concerns TPR made about master trust governance.

:56:46.:56:50.

In January 20 13th the pensions regulator said, "We have identified

:56:51.:56:56.

a number of characteristics that if present may prevent master trust

:56:57.:57:00.

schemes from delivering good outcomes. These are,

:57:01.:57:04.

conflict-of-interest as a result of the relationship between the

:57:05.:57:06.

provider and trustees. Decision-making powers resting with

:57:07.:57:12.

the provider rather than trustees. A lack of independent oversight in

:57:13.:57:16.

some master trusts. Unlike traditional schemes, they are

:57:17.:57:25.

unlikely to be involved in the decision-making processes." The Bill

:57:26.:57:28.

may go some way to addressing these concerns but doesn't go far enough.

:57:29.:57:33.

If we can build greater trust in the system, increased diversity and

:57:34.:57:38.

bring a range of different perspectives and experiences and

:57:39.:57:41.

highlight areas that are of interest to members. Once again we find no

:57:42.:57:46.

real impediment to this amendment. The law require master trusts to

:57:47.:57:50.

have master trustees applies. Exemption exists but it is not

:57:51.:57:54.

required and in our view should be overridden.

:57:55.:57:56.

Continuing with the theme of engaging with new members, clause

:57:57.:58:04.

three. New clause three requires that one year on from the

:58:05.:58:07.

incorporation and registration of master trust by the pensions

:58:08.:58:11.

regulator the Government will fully review member trustee and

:58:12.:58:14.

representation, member engagement and annual General meetings for

:58:15.:58:18.

members. The purpose of this amendment is to ensure there is a

:58:19.:58:22.

review of the new master trust governance and member engagement

:58:23.:58:26.

processes. The pensions regulator guidance stressed the importance of

:58:27.:58:30.

understanding and engaging with members, in order to define

:58:31.:58:33.

objectives to this scheme and setting an appropriate strategy. For

:58:34.:58:40.

example, the TPR quote both practice of occupational trust they schemes.

:58:41.:58:47.

TPR has stacks of advice on these issues the master trusts to follow

:58:48.:58:50.

but we want a commitment from the Government that they will ensure

:58:51.:58:54.

that master trusts are operating in the interests of and the potential

:58:55.:58:56.

of a printout conflict-of-interest, of a printout conflict-of-interest,

:58:57.:59:01.

the profit motive, doesn't get in the way. We need to make sure there

:59:02.:59:05.

was an opportunity for experienced eyes to take a good look at the

:59:06.:59:10.

system a year after its creation. If there are risks, they must be

:59:11.:59:14.

accounted for and one way to do this is to perform a government

:59:15.:59:19.

inspection of the system. Now I attended new clause four which

:59:20.:59:22.

requires master trusts to hold an annual member meeting and sets out

:59:23.:59:26.

ways to ensure members are properly given the opportunity to be

:59:27.:59:30.

involved. It is now common practice for

:59:31.:59:33.

pension funds to hold a meeting with members on an annual basis. Good

:59:34.:59:38.

member communications provided at the right time and in an accessible

:59:39.:59:43.

format are vital if members are to engage and make decisions that lead

:59:44.:59:48.

to good outcomes in retirement. In the committee debate the minister

:59:49.:59:52.

suggested that "Documents relating to the governments of the scheme,

:59:53.:59:55.

such as the trustees annual reports, the chap's statement and statement

:59:56.:00:01.

of investment principles have to be provided on request." Having to

:00:02.:00:04.

request information for what you're paying for is the wrong way around.

:00:05.:00:09.

Let's not forget that many master trusts are profit-making, so members

:00:10.:00:13.

should be given information as a matter of routine and not of

:00:14.:00:15.

request. An annual meeting for members

:00:16.:00:20.

ensures that trustees and administrators can be made human and

:00:21.:00:23.

accountable, rather than some distant, bureaucratic, faceless

:00:24.:00:31.

place. When deciding on the format of communications they should take

:00:32.:00:34.

account of innovations in technology that may be available to them and

:00:35.:00:38.

appropriate to their members. This would allow the more engage members

:00:39.:00:43.

to hear a presentation from trustees and senior executives about how the

:00:44.:00:46.

scheme has managed the retirement assets over the previous year and

:00:47.:00:51.

what plans the scheme had to deliver strategy and manage risk into the

:00:52.:00:52.

future on behalf of members. The pension regulators guidance

:00:53.:01:02.

accompanying its new DC code highlights one way that

:01:03.:01:07.

multi-employer schemes can stay close to members. Through the clause

:01:08.:01:11.

master trusts would be brought into line with normal practice in the

:01:12.:01:13.

corporate sector and among the growing at number of pension

:01:14.:01:20.

schemes. I want to return to new clause five, to the issue of groups

:01:21.:01:26.

currently excluded from master trust savings, carers, the self-employed,

:01:27.:01:30.

those working multiple jobs and people on low incomes. As it stands

:01:31.:01:35.

the Bill does not expand the successful auto in Roman policy and

:01:36.:01:38.

it could have made a real difference to a number of groups who evidence

:01:39.:01:42.

suggests are not saving adequately for their retirement. The minister

:01:43.:01:48.

and I debated this in committee so I shall turn to this issue only

:01:49.:01:52.

briefly. As I recognise them, the Government has announced a review

:01:53.:01:57.

relating to the operation of auto enrolment. Currently the scope of

:01:58.:02:03.

that review is too broad. The evidence speaks for itself. Too many

:02:04.:02:06.

people are not putting enough away to guarantee the secure and

:02:07.:02:10.

dignified retirement that the Labour Party has always worked to provide

:02:11.:02:15.

and continues to strive towards today. 37% of female workers, 37% of

:02:16.:02:25.

workers with a disability and 28% of black and ethnic minority workers

:02:26.:02:31.

are not eligible for master trust enrolment. In committee the minister

:02:32.:02:35.

suggested gender equality was not an issue under auto enrolment savings.

:02:36.:02:41.

I suspect they were referring to the participation rate which is fairly

:02:42.:02:46.

equal between genders. The statistics have quoted however Rick

:02:47.:02:50.

Waite relate to those who are not eligible. Perhaps the Minister can

:02:51.:02:54.

look again at this issue and right if he has evidence to the country.

:02:55.:02:58.

On the specific groups I would like to press the minister on the issue

:02:59.:03:03.

of carers, who as he knows make such a vital contribution to our society,

:03:04.:03:05.

public services and economy. The minister suggested he would like

:03:06.:03:14.

Cerys to be included under the review of auto enrolment but

:03:15.:03:17.

accepted they are not currently specified. -- carers. Can I push him

:03:18.:03:27.

to include carers under the review now and it would be a comfort to

:03:28.:03:31.

them if they knew the situation was being looked at by the government.

:03:32.:03:35.

Turning to the self-employed, I know the government have had a lot to say

:03:36.:03:39.

about the self-employed, though I note they have gone quiet on the

:03:40.:03:51.

issue in the past week. With those with multiple jobs it is good they

:03:52.:03:55.

are included and I was interested in the minister's point that those

:03:56.:04:00.

earning over 6000 could access master trust savings. Could the

:04:01.:04:07.

minister right to me or maybe say to the house and clarify the policy on

:04:08.:04:11.

this point and tell the House what the government is doing to ensure

:04:12.:04:16.

eligible people are aware of this particular right under the law.

:04:17.:04:21.

Those on low income will need to be addressed. I hope the government

:04:22.:04:25.

will go further than freezing the trigger threshold as appears to be

:04:26.:04:29.

their approach and lower it to ensure many more are included in

:04:30.:04:35.

master trust saving. I met with Royal London last week and they

:04:36.:04:39.

posed the question why every pound earned is not taken into account for

:04:40.:04:44.

employer and employee contributions, is this something the minister would

:04:45.:04:54.

add to the review? Share action have contacted me about auto enrolment at

:04:55.:05:01.

and said they believe the second phase needs to be focused on

:05:02.:05:07.

governance, choice and communication, getting people

:05:08.:05:11.

engaged with their pension savings. Does the minister agree? Given his

:05:12.:05:14.

responses on the expansion of eligibility for auto enrolment I

:05:15.:05:20.

fail to see why the government wouldn't accept the clause. Should

:05:21.:05:25.

he be committed to enfranchising these groups into master trust

:05:26.:05:31.

savings why not make it clear in the legislation today? I turn to

:05:32.:05:36.

amendment one which applies to the whole industry and that is the issue

:05:37.:05:41.

of transparency. Opening the second reading debate on the Bill, the

:05:42.:05:45.

Secretary of State said, transparency is a key area, hidden

:05:46.:05:49.

costs and charges often they wrote pensions. We are committed to giving

:05:50.:05:55.

members site of the costs that affect pension savings. On that we

:05:56.:06:00.

agree and I am pleased he put it on the public record that costs erode

:06:01.:06:07.

savers' pensions. That is a line in the 2015 Dutch central bank report

:06:08.:06:13.

which said, investment costs are an important determinant of pension

:06:14.:06:17.

fund performance, and high investment costs can impact

:06:18.:06:21.

beneficiaries consumption as to reduce the net rate of return on

:06:22.:06:24.

investment and subsequently raise the costs of providing pensions.

:06:25.:06:29.

Despite this the Secretary of State's statement, the government

:06:30.:06:35.

have resisted any attempt to do something, always missing something

:06:36.:06:39.

may be done but never doing very much. The government hides behind

:06:40.:06:45.

the issue of complexity but it has been glaciated with the investment

:06:46.:06:48.

association the tools to deal with that. The area of pension funds

:06:49.:06:58.

ready to be analysed is the local government pension scheme. It is due

:06:59.:07:01.

to be endorsed by the minister to ensure they deliver best value for

:07:02.:07:05.

sponsors and members. The architecture to get the data analyse

:07:06.:07:11.

it and present it is the same process of discussion with a view to

:07:12.:07:14.

being built on the former platform for which other projects including

:07:15.:07:21.

value for money analysis needed for all workplace pensions and that can

:07:22.:07:24.

be delivered. I believe the minister is a fan of this work and I would

:07:25.:07:29.

hope he and the government would rise the easiest and most efficient

:07:30.:07:35.

way to ensure the data for master trust is adopted is to adopt the

:07:36.:07:41.

investment cost templates sanctioned by the DC LG and data points agreed

:07:42.:07:54.

with association members. The purpose of this amendment is to lay

:07:55.:07:58.

down the reporting obligations of master trusts. At the moment they

:07:59.:08:03.

only report on administration and asset management fees. The amendment

:08:04.:08:10.

requires additional reporting off implicit costs. The only obstruction

:08:11.:08:15.

to this process is the government. It is contradictory. Why have it in

:08:16.:08:20.

one section of the system and not in another? We believe the government

:08:21.:08:23.

is holding back the scheme member from getting best value. The

:08:24.:08:29.

employers in master trusts cannot deliver under current arrangements.

:08:30.:08:32.

There is nothing simpler than setting out a requirement for the

:08:33.:08:40.

reporting of explicit and this implicit costs. Members must be able

:08:41.:08:44.

to discern the impact of trading on funds. The minister said, what

:08:45.:08:53.

members mentioned makes the point not that active fund managers have

:08:54.:09:02.

more costs. This is what was actually reported. Comparing the net

:09:03.:09:07.

return on a ?20,000 investment over 20 years, assuming that both funds

:09:08.:09:14.

had the same return before charges, and invested in a typically low-cost

:09:15.:09:22.

fund would earn ?9,554, and improvement of 28.4%. More on a

:09:23.:09:29.

?20,000 investment than a typical active fund and this number could

:09:30.:09:38.

rise to ?14,439 or an increase of 44.4% once transaction costs have

:09:39.:09:42.

been taken into account. The evidence is clear, investing in a

:09:43.:09:46.

low-cost passive fund delivers more returned than an active fund, which

:09:47.:09:51.

is why it is important to have the reporting requirements changed. We

:09:52.:09:55.

can look to the Netherlands experience. It is a requirement of

:09:56.:10:01.

Dutch funds to report on administration and management and

:10:02.:10:04.

transactions. The Society of pension professionals agree and they say the

:10:05.:10:08.

key is to ensure information given to consumers is sufficient to

:10:09.:10:12.

empower them and provide customers with comparisons to enable them to

:10:13.:10:15.

choose the best product and providers. This amendment helps the

:10:16.:10:22.

government. Master trusts and scheme members to match the best in

:10:23.:10:31.

practice reporting model. Another two is another to increase

:10:32.:10:34.

transparency and ensure members are properly informed. In this case if

:10:35.:10:38.

triggering event the pension in place. The minister replied to the

:10:39.:10:45.

tabling of this amendment with the assumption members were passive

:10:46.:10:50.

recipients. He said, remember, my members do not take an active

:10:51.:10:54.

decision to join, they join through the employer and are not engaged in

:10:55.:10:59.

the scheme, their employer is the conduit. Such a paternalistic

:11:00.:11:04.

approach to citizens a disservice. The government rejects attempts to

:11:05.:11:07.

reform the Bill to make it member focused. This approach labels

:11:08.:11:14.

members as passive and not engage participants get the government

:11:15.:11:17.

policy is to place responsibility on the individual to take care of their

:11:18.:11:22.

pension provision. They seem to be standing in the way of members being

:11:23.:11:27.

given information that would allow them to make informed decisions. Why

:11:28.:11:33.

is this policy so contradictory? The pension pot is theirs, not the

:11:34.:11:39.

employers' so they should buy right have natural justice and be

:11:40.:11:44.

informed. Here we seek to ensure the information flows through the

:11:45.:11:50.

communication chain. If they found out such an event happened,

:11:51.:11:55.

something that affects their cash, and only found out second-hand, it

:11:56.:11:59.

is bound to result in lower levels of trust. How would honourable

:12:00.:12:03.

members feel if no one told them there was an issue over their

:12:04.:12:08.

pension? It is a simple chain. If it can go to employers, it should go to

:12:09.:12:13.

members and in this electronic age there is no good reason for that not

:12:14.:12:19.

to happen. I would like to turn to amendment four in relation to pause

:12:20.:12:25.

orders, which is about responsibility to scheme members. A

:12:26.:12:32.

pause order is put in place by the regulator if they are satisfied

:12:33.:12:36.

making the order will help trustees carry out an implementation

:12:37.:12:45.

strategy, and during the committee stage of this Bill labour submitted

:12:46.:12:50.

an amendment because it felt there was not enough protection in the

:12:51.:12:54.

event of a master trust being pause. I give the example of a hypothetical

:12:55.:12:58.

elderly woman who relied on her pension from the master trust and

:12:59.:13:02.

had little income without it. A pause order can last up to six

:13:03.:13:07.

months whereby the master trust can opt not to pay up pensions,

:13:08.:13:12.

potentially six months that elderly people would have to find

:13:13.:13:16.

alternative means to survive and that is not acceptable. I referred

:13:17.:13:21.

to a circumstance where an elderly woman has not been informed of the

:13:22.:13:24.

order as there seems to be no requirement for anybody to inform

:13:25.:13:30.

her. I pose this question to the minister, and I was grateful for his

:13:31.:13:36.

reply in which she said existing legislation ensures the regulator

:13:37.:13:42.

will notify any person who is to be affected by action is exercised

:13:43.:13:43.

through the statutory internal procedures. I hope he will clarify

:13:44.:13:50.

when the scheme member would be informed. I think it is appalling

:13:51.:13:57.

pensioners are denied access to their own pension money in such

:13:58.:14:02.

circumstances. I have been assured members are protected in this

:14:03.:14:06.

situation, even in the event of an order. If this is the case, why

:14:07.:14:13.

would the master trust be unable to make payments to pensioners who

:14:14.:14:17.

might be vulnerable. It strikes me as bizarre that this government is

:14:18.:14:22.

calm about the potential repercussions on the vulnerable if

:14:23.:14:27.

payments stopped. The minister said stopping payments would only happen

:14:28.:14:32.

in rare circumstances. I hope he will take the opportunity of telling

:14:33.:14:36.

the house what the circumstances could be and provide members with an

:14:37.:14:40.

assurance they will not lose out during a pause order. We would amend

:14:41.:14:45.

the clause and his sister pensioners are able to receive payments. I

:14:46.:14:53.

submitted the new amendment three because I am concerned the pausing

:14:54.:14:58.

of payments under an order is fundamentally against the aims of

:14:59.:15:00.

what auto enrolment sought to achieve. The Bill as it stands would

:15:01.:15:06.

mean if an order was put on a master trust it would no longer receive

:15:07.:15:10.

contributions from the employer or employee and I note there is a

:15:11.:15:17.

similar amendment from the SNP. I believe we are trying to achieve the

:15:18.:15:20.

same things but not as they chat among themselves at the moment but I

:15:21.:15:24.

am sure they are trying to achieve the same things. Whilst I agree with

:15:25.:15:29.

the measure that master trusts would be in no fit state to continue

:15:30.:15:35.

taking contributions, I do not agree that as a result members will get

:15:36.:15:40.

contributions back into their pay packet and employers let off making

:15:41.:15:45.

contributions. This amendment insures contributions made by the

:15:46.:15:51.

employee and employer are not lost. This is important when we look at

:15:52.:15:55.

low earners and a potential six-month pause order could see them

:15:56.:16:00.

lose out on vital contributions. The minister may think a pause order is

:16:01.:16:06.

unlikely to last six months but it can. The amendment proposes that in

:16:07.:16:14.

the event of an order the employer would maintain the contributions

:16:15.:16:20.

until the order is lifted. Maybe the contributions could be said by

:16:21.:16:28.

themselves, it could be argued, but why, through no fault of their own

:16:29.:16:32.

should they lose contributions to their pensions? Does the minister

:16:33.:16:37.

agree workers should not lose out on contributions during a pause order?

:16:38.:16:42.

I am concerned that if we don't put the measures in place to protect

:16:43.:16:47.

people, even with the small chance something might go wrong, we will

:16:48.:16:53.

have failed them. I am concerned the lack of transparency in this scheme

:16:54.:16:58.

is a problem and concerned the problems lie with ensures companies

:16:59.:17:04.

and master trusts and I am concerned about the low-paid, person with

:17:05.:17:09.

multiple jobs, the self-employed, carers, who have not been looked

:17:10.:17:13.

after by this Bill and I am concerned the government have missed

:17:14.:17:20.

out on the fonder of last resort clause. I look forward to his

:17:21.:17:32.

response -- funder of last resort. The question is the new clause one

:17:33.:17:39.

be read a second time. I rise to move new clauses six, seven, eight

:17:40.:17:45.

and nine, and amendments, five, six, seven, eight and nine. There is much

:17:46.:17:51.

in this Bill I would commend. It introduces regulation for master

:17:52.:17:54.

trusts that will help shake confidence in pension savings,

:17:55.:17:59.

typically for auto involvement. As that committee stage we sought to

:18:00.:18:03.

work with the government to bring forward clauses and amendments to

:18:04.:18:09.

enhance the Bill as well as dealing with other shortcomings in pension

:18:10.:18:14.

is appropriate to the Bill. I am disappointed the new clauses ten and

:18:15.:18:17.

11 were not selected for debate. The minister knows my view that my

:18:18.:18:25.

approach is to work constructively where we can to encourage consumer

:18:26.:18:31.

participation and whilst there is much elsewhere, I would like to see

:18:32.:18:36.

greater clarity delivered on, I congratulate the government and the

:18:37.:18:37.

list of bringing the Bill forward. It is an important step forward

:18:38.:18:48.

atten Hans egg the appeal of auto enrolle. It is important that we

:18:49.:18:52.

take the opportunity of this legislation, to make sure that we

:18:53.:18:56.

have the appropriate regulatory steps in place. I would encourage

:18:57.:19:03.

that when we do review it, we look positively how we can take it

:19:04.:19:07.

forward, for part-time workers, those who have been excluded, many

:19:08.:19:12.

with multiple job, particularly Westminster and the self-employed.

:19:13.:19:16.

Charting a way ford that builds pension entitlement in the way that

:19:17.:19:22.

builds consensus, perhaps avoiding the screeching U-turn we saw from

:19:23.:19:26.

the minister's colleague the Chancellor in recent days.

:19:27.:19:30.

Mr Deputy Speaker, this is a serious subject, and this bill should be

:19:31.:19:36.

seen as part of a wider debate, as how we increase panion savings. --

:19:37.:19:43.

pension. I was struck to read in the Government's Green Party paper on

:19:44.:19:47.

defined benefit schemes that the average defined benefit scheme

:19:48.:19:53.

payment is as little ass ?7,000 per annum. We have a paper highlights

:19:54.:20:02.

income changes threatening pension freedom. It is clear that

:20:03.:20:08.

collectively, there is more to do to encourage trust and confidence in

:20:09.:20:13.

pension save, and in particular, that all are encouraged to save at

:20:14.:20:17.

an appropriate level to ensure dignity in retire. E. We on these

:20:18.:20:22.

benches will work with the Government on this agenda.

:20:23.:20:27.

In the meantime, this bill is a welcome step forward. I hope that in

:20:28.:20:35.

the spirit of engaging positively, the minister will give careful

:20:36.:20:39.

consideration to the amendment that we have tabled. There should be seen

:20:40.:20:43.

as clauses an amendment that seek to improve the bill, they are not any

:20:44.:20:48.

any way shape or form wrecking amendments. Let me start with new

:20:49.:20:53.

clause six, this new clause makes provision for the Secretary of State

:20:54.:20:56.

to restrict exit fees paided by member, it is not clear to us why

:20:57.:21:01.

master trust members should have to pay any exit charges. It is welcome

:21:02.:21:06.

that the government are placing a 1% cap on exit fee for current members

:21:07.:21:12.

and no exit fee for new member, however, why the threat of exit fees

:21:13.:21:16.

for existing members? We know that large fees have been charged on exit

:21:17.:21:21.

in the past, and it is clear we need to protect savers. I asked the

:21:22.:21:25.

minister to confirm at earlier stage there's would be no exit fee for an

:21:26.:21:29.

individual leaving a master trust. The minister responded, that when a

:21:30.:21:33.

master trust was closing, it could not Levy a charge, but I would

:21:34.:21:38.

appreciate if he would make it explicit that fees should not be

:21:39.:21:44.

levied in all case, as far as new clause 7, 8 and 9 are concerned. 7

:21:45.:21:48.

would require the Secretary of State to make provisions to amend Section

:21:49.:21:55.

75 of the Pensions Act 1995, in order to protect unincorporated

:21:56.:21:59.

business, those at risk of losing personal assets, including their

:22:00.:22:03.

homes. New clause eight would require within six months calendar

:22:04.:22:06.

time from the date of which this act comes into force, the Secretary of

:22:07.:22:11.

State must conduct a are view of the actual mechanism used to value

:22:12.:22:15.

pensions schemes liabilities under Section 75 of the pensions act 1995.

:22:16.:22:21.

A new clause nine, would compel the Secretary of State that must by

:22:22.:22:26.

regulation exclude from the calculation of the act, the orphan

:22:27.:22:30.

debt and any non-associated multi-employer scheme.

:22:31.:22:37.

Mr Deputy Speaker, these am momentment would help deal with the

:22:38.:22:45.

situation of plumbers in Scotland. -- amends. The scheme is managed by

:22:46.:22:50.

a group of directors and appointees from the association of plumbing and

:22:51.:22:55.

heating contractors in England and Wales. The scheme has over 36,000

:22:56.:23:01.

members and assets is in excess of 1.5 billion. Under Section 75 of the

:23:02.:23:08.

Pensions Act 1995, employers can in certain circumstances become liable

:23:09.:23:12.

for what is known as a Section 75 employer debt. The debt is

:23:13.:23:18.

calculated on a basis which tests whether there would be sufficient

:23:19.:23:22.

assets in the scheme to secure all the member benefits by buying

:23:23.:23:27.

annuity contract from an insurance company. Legislation specifies a

:23:28.:23:33.

debt becomes payable when the employer becomes insolvent, winds

:23:34.:23:38.

up, changes legal status or ceases to have active members in the

:23:39.:23:41.

scheme. While we must be mindful that the purpose of these rules is

:23:42.:23:46.

to protect pension benefit, however, the way they are currently framed

:23:47.:23:50.

creates problems for some stakeholder, we are sympathetic to

:23:51.:23:55.

the concerns raised... I will happily give way. Does he I degree

:23:56.:23:59.

with me it is because of such examples of those he has already

:24:00.:24:04.

touched on of unincorporated businesses, that it so pertinent

:24:05.:24:08.

right now as to why the Government has to bring forward a solution now

:24:09.:24:12.

rather than wait for the opportunity to pass? I am grateful for my

:24:13.:24:17.

honourable friend and she is right, I mean these are complex issue, that

:24:18.:24:24.

is why we make the the suggestion we are willing to work with the

:24:25.:24:27.

Government on this, we have to find a solution to this, at the end of

:24:28.:24:30.

the day ordinary people who have done the right thing, are being

:24:31.:24:33.

faced with losing their house and that cannot be right. It is an issue

:24:34.:24:38.

that has to be resolved. There are a number of options for the government

:24:39.:24:42.

to consider, each one has complications for the pension

:24:43.:24:46.

schemes and members, we would urge the UK Government to weigh up the

:24:47.:24:50.

interest of employers with the need to protect benefits for pension

:24:51.:24:57.

schemes. The former pension minuter in in the other place indicate shd

:24:58.:25:00.

woe would look at how a solution could be reached. We need the same

:25:01.:25:06.

assurances from the minister he will work to find a solution and use the

:25:07.:25:17.

bill to bring forward a solution. Mr Deputy Speaker, their main concern

:25:18.:25:23.

is for unincorporated businesses, who are at risk of losing their

:25:24.:25:27.

personal asset, for government to conduct a review of the real methods

:25:28.:25:31.

used to value pension schemes liabilities, as they believe the

:25:32.:25:36.

calculation of Section 75 employerer debt on a full anew the I basis is

:25:37.:25:44.

detrimental to schemes given current circumstances. They argue that

:25:45.:25:49.

orphan debt and multi-employer schemes should be excluded from the

:25:50.:25:53.

calculation of Section 75 employer debt and they suggest provided the

:25:54.:26:00.

scheme is deemed to be prudently funded the PPF acts as guarantor of

:26:01.:26:05.

last resort. They believe any changes in legislation should apply

:26:06.:26:08.

are the speck thetively to all employers from 2005. It would be

:26:09.:26:14.

helpful to get the Government's view on this request. Mr Deputy Speaker,

:26:15.:26:20.

snip F met with the minister and advised SNP MPs that the minister

:26:21.:26:24.

confirmed that the objectors may have been incorporated within the

:26:25.:26:28.

green paper. We are interested to hear the Government's view as to

:26:29.:26:32.

whether or not it has identified the solution. Briefly I want to make

:26:33.:26:37.

passing reference to my two new clawses that have not been selected

:26:38.:26:42.

for debate. I wanted to signal my disappointment and put it on the

:26:43.:26:46.

record. Firstly beginning with new clause ten, this new clause would

:26:47.:26:53.

require the ebbing is triof state to require... State ten pension age

:26:54.:26:56.

equalisation, we have disappointed that a pension bill has not been

:26:57.:27:01.

brought forward to deal with this. Give way on that please? I will

:27:02.:27:08.

happily give way. Does the honourable member agree with with me

:27:09.:27:12.

that Government are ignoring this opportunity much like they are

:27:13.:27:19.

ignoring the women themselves? We don't discuss clauses we have not

:27:20.:27:23.

chosen, we have to deal with what is before us, I know you want to stay

:27:24.:27:29.

an order, not the ones that have been o mid. Thank you Mr Deputy

:27:30.:27:34.

Speaker. I am happy for the guidance you have given me. I wanted to put

:27:35.:27:39.

on the record we have missed the opportunity today and I hope and I

:27:40.:27:44.

know we will have the opportunity to raise this issue again, so I will

:27:45.:27:50.

skip on from making any further reference to these two issues. We

:27:51.:27:58.

believe the we need to build on new opportunities such as autoenrolment.

:27:59.:28:02.

By giving pensions thoughtful time and consideration can the Government

:28:03.:28:06.

get this right. With I alarm bells ringing over injustices facing it

:28:07.:28:10.

and concerned we could see a hike in state pension age, the contemplation

:28:11.:28:15.

that the triple lock would be reviewed is deeply troubling. We

:28:16.:28:21.

know, if I may say so by delivering an independent Scotland we can

:28:22.:28:26.

deliver the dignity in retirement our Marine Le Pennioners would need.

:28:27.:28:30.

Amendment five would mean the financial sustainlet must be taken

:28:31.:28:35.

into account, when assessing a master trust scheme's financial

:28:36.:28:39.

sustainability. The ABI have told us insurance companies hold a

:28:40.:28:44.

significant amount of capital under the European regulatory framework.

:28:45.:28:49.

Our view, it would not be reasonable not nor is it necessary for insurers

:28:50.:28:52.

to hold separate or additional capital on top of this in order to

:28:53.:28:57.

meet their new obligation as trust providers under the bill. We would

:28:58.:29:02.

like to hear assurances from the Government that insurers will be

:29:03.:29:08.

exempt if they adhere to requirements. As far as amendment

:29:09.:29:14.

six and seven are concerned. 6 allowings for exceptions to the

:29:15.:29:18.

requirement for scheme funders... For which it is a scheme funder.

:29:19.:29:25.

Amendment seven makes provision for the Secretary of State to define

:29:26.:29:29.

restrictive activity by regulation including a list of actives

:29:30.:29:32.

restricted to minimise the loss of master trust scheme funders.

:29:33.:29:35.

These amendments a knowledge there must be circumstances where the

:29:36.:29:40.

scheme funder requirements within the bill should not apply. The --

:29:41.:29:48.

already restricted by virtue of the existing regulation, the ABI have

:29:49.:29:52.

said in particular the proden shall regulation authority riles mean

:29:53.:29:56.

activity of the scheme funder not directly related to master trust

:29:57.:30:04.

fund are not threatened. The ABI have said this is sensible and a

:30:05.:30:08.

pragmatic approach. It would be useful to understand what a

:30:09.:30:13.

requirement will need backbench met for firms fob exempt from the scheme

:30:14.:30:16.

funder requirement. It would be helpful to gain assurance that the

:30:17.:30:22.

Government is committed to working with the industry. As far as

:30:23.:30:28.

amendment eight and nine, they provide the regulator with an

:30:29.:30:31.

alternative to stopping payment to the scheme under sub section B of a

:30:32.:30:37.

pause order. Nine is consequential to 8678 the bill created a new power

:30:38.:30:43.

enabling the regulator to make a pause order requiring activety to be

:30:44.:30:47.

paused once a trust has experienced a triggering event. This includes

:30:48.:30:55.

accepting new members making payments, accepting contribution and

:30:56.:30:59.

discharging benefit. We accept the impact as there is no mechanism

:31:00.:31:03.

plays on outgoing contribution to be collected and held on behalf of the

:31:04.:31:08.

save. We would contend this is unacceptable a member be penalised

:31:09.:31:11.

through no fought of their own and in effect lose wages in the form of

:31:12.:31:17.

employer contributions due to events out with their control. The society

:31:18.:31:21.

of pension professionals have said it will be necessary to ensure that

:31:22.:31:25.

the period of effect of a pause order cannot start before the

:31:26.:31:29.

trustees receive notification of the pause order. This would then mean

:31:30.:31:33.

that any controversial order could only occur after the trustees are in

:31:34.:31:38.

receipt of the order. Without this, the they argue that the trustees

:31:39.:31:42.

could be in breach of a pause order through no fault of that own. If a

:31:43.:31:45.

direction is not complied with during the period between one, the

:31:46.:31:49.

date the regulator makes the order and two, the date they notify the

:31:50.:31:54.

trustees of it. For example, if new members joined the scheme in that

:31:55.:31:59.

period, contrary to direction under clause 32 five A. The Government

:32:00.:32:05.

should clarify if the intent to take action to protect savers now were

:32:06.:32:10.

disappointed at amendments were defeated at earlier stages. Mr

:32:11.:32:14.

Deputy Speaker, I look forward tore happening the minister respond, we

:32:15.:32:18.

have sought to work with the Government in hand with the bill we

:32:19.:32:22.

have in front of us today that we broadly welcome. We affirm or

:32:23.:32:26.

position of working with the Government to create an environment

:32:27.:32:31.

where workers can with have faith and trust. We should have a desire

:32:32.:32:36.

to develop the landscape for pension savings and to achieve a situation,

:32:37.:32:40.

that all pensions from their provision and the state pension

:32:41.:32:43.

could have dignity and security in retirement.

:32:44.:32:46.

This bill helps us awe long that road as far as regulation of master

:32:47.:32:50.

trusts is concerned. There is more to do to enhance autoenrolment and I

:32:51.:32:54.

look forward to working with the Government to take steps to include

:32:55.:33:00.

those currently excluding from pension safes, particularly the

:33:01.:33:03.

self-employed and part-time workers, in closing, while I welcome this

:33:04.:33:08.

bill today, I also reflect on the necessity of having had to put down

:33:09.:33:13.

a motion last night, on the issue of frozen pension after the Government

:33:14.:33:16.

had brought forward a statutory instrument to freeze the pensions of

:33:17.:33:20.

hundreds of thousands of British pensioners who have been denied

:33:21.:33:24.

their rites. In pushing this through, the Government have denied

:33:25.:33:26.

the right to members of this house to debate this matter. I encourage

:33:27.:33:32.

all honourable members and right honourables to send it and as

:33:33.:33:36.

believe we can demonstrate broad cross-party support against this

:33:37.:33:38.

measures the Government will have the grace to bring forward the

:33:39.:33:42.

debate on this matter, before recess. This EDM has been signed by

:33:43.:33:46.

members from six parties, including the government. I would encourage

:33:47.:33:49.

the Government to listen to this matter as part of the process of the

:33:50.:33:51.

bill today. Thank you. Auto o a youed Thank you very much,

:33:52.:34:10.

Mr Deputy Speaker. I would like to thank the, well I would like to

:34:11.:34:14.

thank the honourable members for their amendments. I would like to

:34:15.:34:18.

say, Mr Deputy Speaker, and I hope all would agree in this House, that

:34:19.:34:24.

have been following this debate here, and in committee, that the

:34:25.:34:29.

attitude of the Government has been to oppose all amendments just for

:34:30.:34:34.

the sake of it. I give honourable members my word that that everything

:34:35.:34:40.

has been considered. But it's Government's job to consider the

:34:41.:34:47.

kind of o lobbying from comes from the many oxes that the honourable

:34:48.:34:52.

member for Stockton North mentioned several times and I have also met

:34:53.:34:57.

with most of them as I'm sure the honourable member from Ross Skye has

:34:58.:35:02.

as well but it is the Government's job to weigh up everything and make

:35:03.:35:06.

a decision. I mention that because I hope all agree that it is the

:35:07.:35:11.

position that the Government finds itself. But I'm really quite

:35:12.:35:17.

disappointed that we are, today, really almost exclusively revisiting

:35:18.:35:20.

exactly the same amendments that we saw at committee and my arguments

:35:21.:35:25.

remain unchanged. That doesn't mean I'm going to sit down anyhow and

:35:26.:35:27.

ignore contributions from the previous speaker. I don't think that

:35:28.:35:30.

would quite be the correct thing to do. The honourable gentleman, feel

:35:31.:35:34.

free. No, I intend to go through in detail and try and answer some of

:35:35.:35:42.

the questions which have been actually asked in very good faith

:35:43.:36:10.

and try and answer them in exactly the same way. This is new clause 1,

:36:11.:36:15.

as discussed in the other place, extensively discussed on committee

:36:16.:36:18.

and very much considered by my officials and myself, this, would

:36:19.:36:21.

require - Prince polyit would require the Secretary of State to

:36:22.:36:24.

establish - principally it would require...

:36:25.:36:26.

On the case of t the surface of t it seems a compelling argument. -- on

:36:27.:36:30.

the face of it, on the surface of t and I must say having met with

:36:31.:36:33.

Baroness drake and others before the Bill came to this House, considered

:36:34.:36:36.

it very open mindlessly and I thought of all the points made it

:36:37.:36:39.

was the most significant. I would also like to place on record, if I

:36:40.:36:43.

may, Mr Deputy Speaker, that the distributions from the mobile Lords

:36:44.:36:46.

has been very useful. I make that completely on a cross-party point of

:36:47.:36:50.

view. Particularly I would like to pay tribute to Baroness Drake, a

:36:51.:36:54.

person I have met several times to discuss this with, but there are

:36:55.:37:00.

disagreements, there are honourable disagreements, where the two

:37:01.:37:05.

positions - and neither are ridiculous positions, all would

:37:06.:37:07.

agree but in the end the Government has to decide and that's why I'm not

:37:08.:37:13.

able to give the Opposition the comfort it expects or is asking for

:37:14.:37:18.

on this. I would like to state very clearly that the whole purpose of

:37:19.:37:22.

this regime, introduced by this Bill is intended to mitigate the very

:37:23.:37:26.

risk that the honourable gentleman is concerned about and he is

:37:27.:37:29.

honourably concerned about because it is a concern and very cliches

:37:30.:37:35.

have been used in different opportunities in these Bills and as

:37:36.:37:41.

this Bill has gone through, usually involving nuts and sledge Hammers

:37:42.:37:51.

and other such matters but I would prefer, if I may, Mr Deputy Speaker

:37:52.:37:55.

to say it is a question of being proportionate or not being

:37:56.:37:57.

disproportionate. And I think that really summarises it up. Because the

:37:58.:38:00.

master trust, because before it is actually authorised in the first

:38:01.:38:07.

place, Mr Deputy Speaker, it has to have a regime, where the pensions

:38:08.:38:12.

regulator has to be convinced that it thoos meet costs of triggering

:38:13.:38:16.

events. Remember, Mr Deputy Speaker, as I'm sure you do, that this is not

:38:17.:38:21.

involving the pensions money, this is involving the scheme, the actual

:38:22.:38:25.

organisations that'p running the funds, so the pensions regulator has

:38:26.:38:34.

to ensure that the organisers of the trust has sufficient cost of

:38:35.:38:36.

triggering the event and therefore, should it fail, they have the money

:38:37.:38:39.

to transport it out to another scheme. The regulator will monitor

:38:40.:38:43.

this situation on an ongoing basis to ensure the funds remain

:38:44.:38:47.

available. Currently, it is very interesting, in the markets, Mr

:38:48.:38:52.

Deputy Speaker, the market is responding well to deal with

:38:53.:38:56.

existing master trusts that wish to exit before authorisation. It is

:38:57.:39:00.

interesting that the regulation itself, the threat of what will an

:39:01.:39:05.

act, the threat of this bill, is making smaller masser trusts

:39:06.:39:09.

consider whether they wish to be in this new world, this new regulated

:39:10.:39:13.

world and several master trusts have left the market already in an order

:39:14.:39:18.

fashion. The regulator is confident that there are currently none that

:39:19.:39:21.

could not afford to transfer out members. I feel that's a very

:39:22.:39:28.

important point. And I do hope the honourable gentleman from Stockton

:39:29.:39:30.

North will take that into consideration when deciding whether

:39:31.:39:33.

to press this amendment. We're working with the regulator on

:39:34.:39:39.

non-legislative measures to address concerns of potential liabilities

:39:40.:39:42.

and trustees of receiving schemes that might arise if a master trust

:39:43.:39:47.

should end up in wind-up and honourable members should be aware

:39:48.:39:50.

that we do have this system of regulation to make sure precisely

:39:51.:39:53.

that this doesn't happen. Interestingly enough I'm afraid I'm

:39:54.:39:58.

taking, in a ditch way a survey that I believe the honourable gentleman

:39:59.:40:02.

from Stockton North mentioned in committee from Pension Professional.

:40:03.:40:05.

They found 50% of those surveyed said they did not want a scheme of

:40:06.:40:10.

last resort as opposed to the 31% of who said they did. It's very

:40:11.:40:14.

interesting, the honourable gentleman mentioned in his speech

:40:15.:40:19.

the Standard Life's view. I accept the fact that it is the view of

:40:20.:40:23.

industry players that they would much rather help the Government step

:40:24.:40:26.

in and deal with it. That's very natural. #3r0b8 if I was in their

:40:27.:40:33.

position, I would. But we have also spoken toins stugss, people involved

:40:34.:40:37.

in inrollment and people involved in master trusts, etc and my impression

:40:38.:40:41.

is clearly there's plenty of players who would bite the hand off nigh

:40:42.:40:50.

schemes that they could get hold off because from their point of view

:40:51.:40:56.

they are making on members, which would involve them in very little

:40:57.:40:59.

costs because there are already running the schemes and they have

:41:00.:41:02.

the set up and everything else. I would say quite clearly that they

:41:03.:41:06.

seem to be desperate to take on these schemes, I give way.

:41:07.:41:12.

The minister is taking great comfort from the existing measures that are

:41:13.:41:16.

in place but there is still no 100% guarantee that there'll be somebody

:41:17.:41:21.

to pick up the costs of in the event of a trust failure. We could see a

:41:22.:41:25.

new trust go through authorisation process and it could still fail

:41:26.:41:31.

through bad management, fraud, whatever. Who is going to pick up

:41:32.:41:37.

the pieces in that situation? Mr Deputy Speaker, we have to deal with

:41:38.:41:40.

the reality of the situation and that is not happening. Yes, anything

:41:41.:41:44.

can happen. We all know in life things happen. This Parliament deals

:41:45.:41:49.

with things that happen all the time that no-one could possibly expect

:41:50.:41:54.

the day before. I'm convinced, as the minister for pensions, that the

:41:55.:41:57.

regulation that's taking place, the view of the industry that the

:41:58.:42:02.

regulator takes, that we have had regular views, with, and speaking to

:42:03.:42:07.

the type of institutions that with willingly take on failing master

:42:08.:42:12.

trusts that there is no need for the Secretary of State to have, in his

:42:13.:42:17.

desk drawer armoury, the money or the weapons to deal with it This is

:42:18.:42:21.

a problem that really does not exist. And the honourable member

:42:22.:42:26.

says it's all left to chance. Well, it isn't left to chance. We've got a

:42:27.:42:31.

finite number of master trusts that exist now. We know - well, thanks to

:42:32.:42:37.

the support of the Government and the Opposition and general support

:42:38.:42:42.

of this Bill, that this Bill will be enacted I hope as quickly as

:42:43.:42:51.

possible. So it is a finite open. It is not the contingent liability that

:42:52.:42:55.

will happen in years to come. We know hopefully in two years, it is a

:42:56.:43:00.

clear regulatory system in place and the regulator is clear about what

:43:01.:43:03.

trusts do exist. So we have all taken really quite a lot of care it

:43:04.:43:09.

make sure that this is not going to happen and I do feel that the

:43:10.:43:14.

measures suggested in this amendment are totally disproportionate to the

:43:15.:43:16.

problem and for those reasons, I would ask the honourable member to

:43:17.:43:21.

withdraw his amendment, which I don't think he will, but I do ask

:43:22.:43:26.

him. A little honesty from the despatch

:43:27.:43:32.

box I'm very pleased to see at least I have served to amuse the

:43:33.:43:35.

Opposition front bench on this case. But if I may turn to new clauses 2,

:43:36.:43:46.

3 and 4 which are in the honourable gentleman' from Stockton North's

:43:47.:43:53.

name to do with engagement and during committee and in

:43:54.:43:55.

conversations on and off the record involving everyone who is concerned,

:43:56.:43:58.

I have made it clear - which I'm sure you would expect, that member

:43:59.:44:01.

engagement is important and that members should be encouraged to

:44:02.:44:03.

develop a strong sense of ownership in their pension saving but I do,

:44:04.:44:06.

howover, remain of the view that these amendments are unnecessary. --

:44:07.:44:10.

however. And I know the honourable gentleman is expecting me to say

:44:11.:44:14.

this because these are points that we have, we have discussed before. I

:44:15.:44:21.

would like to - I think my main rebuttal point would be to remind

:44:22.:44:28.

the honourable gentleman that - to remind the honourable gentleman that

:44:29.:44:34.

the majority of master trusts are subject to the rules on trustees in

:44:35.:44:38.

the regulation of governments and those regulations require that the

:44:39.:44:42.

schemes must have at least three trustees and the majority have to be

:44:43.:44:46.

independent to provide service to the scheme. There must be an open

:44:47.:44:53.

and transparent appointment process for recruiting independent trustees,

:44:54.:44:56.

I agree but current arrangements ensure members have access to

:44:57.:44:58.

appropriate information to make decisions about their pension

:44:59.:45:03.

scheme. These include a mandatory annual benefit statement. For most

:45:04.:45:06.

members a statutory money purchase illustration. That gives the members

:45:07.:45:12.

a projection of their pension in retirement and what the honourable

:45:13.:45:15.

gentleman says on request, he says it should be be on request but it is

:45:16.:45:20.

available the trustee's annual report, the chair statement and the

:45:21.:45:24.

statement of investment principles and the pensions regulator provides

:45:25.:45:29.

guidance on trusteesees for communicating effectively and

:45:30.:45:32.

transparently with their members. I would remind members in the House

:45:33.:45:39.

that all trustees have these fiduciary duties. And other legal

:45:40.:45:46.

requirements. Some master trusts are developing innovative ways for

:45:47.:45:50.

engaging with members without overly prescriptive statutory requirements,

:45:51.:45:54.

many of which I would like to say respectfully are of a general era,

:45:55.:45:57.

than holding general meetings where people are expected to travel all

:45:58.:46:00.

over the country and things like that. I would like to, very quickly,

:46:01.:46:05.

discuss the points made about the auto inrollment review. If I may sum

:46:06.:46:10.

prize by saying the purpose of the review -- summarise by saying the

:46:11.:46:14.

purpose of the review is to discuss the points brought up by the

:46:15.:46:17.

honourable member. We are looking very extensively about self-employed

:46:18.:46:20.

people being included in it, by people of lower income. He mention

:46:21.:46:25.

careers and I would like to point out that all careers now who are

:46:26.:46:28.

employed are exactly the same as other people who are employed if

:46:29.:46:31.

they fit into the criteria, they won't be. I wouldn't exclude at

:46:32.:46:36.

looking at everything out. But it is a broad review, it is far, far braid

:46:37.:46:42.

than it has to be as far as the law is concerned. If I may refer briefly

:46:43.:46:50.

to the already honourable member's nements new clause 6 where he wants

:46:51.:46:54.

to introduce a power to cap exit charges. We have said, as I have

:46:55.:46:58.

said before, the power already exists because we are shed lating

:46:59.:47:05.

the pensions act 2014, as amended by clause 41 of this bill and where by

:47:06.:47:09.

existing powers the regulations are there to cap or ban early exit

:47:10.:47:13.

charges in occupational schemes, including master trusts. And

:47:14.:47:19.

existing members members of occupation schemes, of course are

:47:20.:47:23.

eligible to the pension freedom if they have their charges capped at a

:47:24.:47:28.

maximum of 1%. I do not think it is fair to exclude all charges because

:47:29.:47:32.

the fact is that there are cost involved with exit. The new clauses

:47:33.:47:39.

7 I, 8 and 9 introduced very eloquently, as ever, by the

:47:40.:47:44.

honourable member from Rosses is Skye, they are seeking to make

:47:45.:47:47.

changes in the provisions of the pension act which addressed the

:47:48.:47:51.

issue of employer debt and defined benefit scheme. As he said, I've met

:47:52.:47:57.

with representatives fted Plummers UK scheme and I have met with

:47:58.:48:01.

stakeholders generally, employers and polies and I would like it make

:48:02.:48:06.

it very clear that the issues raised on the green paper in sustainability

:48:07.:48:10.

in our defined benefit pension schemes, there is a round table

:48:11.:48:13.

represented from the relevant schemes to look at precisely what

:48:14.:48:17.

changes to legislation may be needed. And it is a complex and

:48:18.:48:22.

technical problem and there is no perfect solution because each

:48:23.:48:24.

involves one of three parties taking responsibility for the debt.

:48:25.:48:31.

The retired ones or the PPF. Each of have has its own problem, I do give

:48:32.:48:39.

the honourable gentleman my work. I would like to congratulate him and

:48:40.:48:44.

the work his colleagues have his party have done, it is not on deaf

:48:45.:48:48.

airs and we will make progress on it. I trust the honourable member

:48:49.:48:53.

will in fact withdraw those amendments. The new clause.

:48:54.:48:58.

The honourable member for Stockton North, we have dealt with in

:48:59.:49:02.

committee, the minimum requirement for annual reporting of

:49:03.:49:05.

administration, etc, it is just something that we will have agree to

:49:06.:49:12.

disagree on. We are committed to making regulations requiring

:49:13.:49:14.

informational charges and trap axion costs to be provided to members in

:49:15.:49:18.

the course of this Parliament. We will consult this year on the

:49:19.:49:24.

publication of such information to members, the only consultation is

:49:25.:49:29.

how, and not if in concerning disclosure, I also have read the

:49:30.:49:33.

financial conduct's authority asset management market study. Sometimes

:49:34.:49:37.

think the honourable member and I are the only people who have read it

:49:38.:49:41.

in full detail, I am fully commend it. I have told the FCA and we it

:49:42.:49:48.

will -- fully fwend to take action o on that. The Government processes

:49:49.:49:52.

the necessary primary power and it is swell on its way to achieve the

:49:53.:50:01.

stated purposement for that I would urge the honourable member to

:50:02.:50:05.

withdraw his amendment. On scheme funder requirement, I will deal with

:50:06.:50:12.

next. I have listened very carefully to that, he adds to the requirement

:50:13.:50:18.

we put down in clause eight, that the mastertrust scheme has

:50:19.:50:20.

sufficient financial resources for the scheme funder, but it is not

:50:21.:50:25.

required, as the regulators assessment must take into account

:50:26.:50:31.

matters specified in regulations which include insolvency risk,

:50:32.:50:34.

enforceability of any funding commitped and whether the scheme

:50:35.:50:37.

funder is subject to capital requirement. I do not believe we

:50:38.:50:44.

need to expand the range of activity beyond that, because amendment six

:50:45.:50:48.

and seven would expand it so that, it would expand the range of

:50:49.:50:53.

activity that a scheme funder can undertake.

:50:54.:50:57.

The Government's amendment we put four wad at committee mean that the

:50:58.:51:01.

scheme funders no longer restricted solely to these activity related to

:51:02.:51:04.

the mastertrust and I would remind him, as he has mentioned the ABI,

:51:05.:51:10.

they welcome the cross-party consensus that needs to address the

:51:11.:51:13.

issue and the common-sense approach the Government has taken to reflect

:51:14.:51:19.

its concerns, in short, these amendments are not needed and I urge

:51:20.:51:22.

very much the honourable member to withdraw them.

:51:23.:51:27.

About the trigger events Mr Deputy Speaker. Amendment two requires the

:51:28.:51:32.

trustees to notify scheme members that a triggering event has occur

:51:33.:51:35.

confidence and of other information to be set out in regulation, I am

:51:36.:51:40.

sure you are aware Mr Deputy Speaker, a triggering event is a

:51:41.:51:43.

change in circumstanceses that poses a threat, a risk to the scheme, and

:51:44.:51:50.

it is very important that I accept the fact, that members are informed

:51:51.:51:53.

well ahead of something that directly impacts on him. Trustees

:51:54.:51:58.

can inform members at the point of triggering events if they judge it

:51:59.:52:02.

is appropriate. The bill requires if the scheme does proceed to wind it

:52:03.:52:07.

it must inform members, I feel this is well meaning but inappropriate,

:52:08.:52:10.

could be very costly and could indeed frighten members for no

:52:11.:52:14.

reason, because the. System is well in place they would require later on

:52:15.:52:19.

in the process to be informed. I would again ask the honourable

:52:20.:52:24.

member to withdraw his amendment, as I would with pause orders mentioned

:52:25.:52:32.

by the honourable member for sock on the north and the member for Ross,

:52:33.:52:38.

Sky and locker. I have mastered it by report stage which is beyond the

:52:39.:52:42.

call of duty. The amendment would require these

:52:43.:52:46.

distributions which can't be paid into a mastertrust in the interim

:52:47.:52:53.

period, to be basically held by the employer in a special account or

:52:54.:52:57.

something like that. That is the amends from the honourable member

:52:58.:53:04.

for Ross and Skye, in one sentence. It, the honourable member for

:53:05.:53:07.

Stockton North removes the position to halt payments to members from a

:53:08.:53:10.

scheme during a pause order, I just would like to make clear, the

:53:11.:53:14.

Government's position is that employees should retain their

:53:15.:53:17.

contributions they made during a period, and receive a refund from

:53:18.:53:21.

their employer, if those have already been ducted but can't be

:53:22.:53:24.

paid over for the scheme, into the scheme. I think we have made it

:53:25.:53:28.

clear, always, we, everyone would agree it is a rare and time limited

:53:29.:53:33.

situation, which has a low risk of occurring, and it is quite a big

:53:34.:53:41.

burden, that would go with it. The, yes. On this issue and the issue of

:53:42.:53:47.

pause orders and payment, I was referring to impayment from the

:53:48.:53:50.

pension, we are talking about the payment of pensions not the refund

:53:51.:54:00.

of contributions to the employee. Yes, I do, thank you very much for

:54:01.:54:04.

clarifying that. I think the honourable member for Stockton

:54:05.:54:08.

North. The trustees can decide when they have to decide when they wish

:54:09.:54:12.

to notify members of a pause order. It is not like it doesn't exist, I

:54:13.:54:17.

would remind the honourable member that the T PR can direct the

:54:18.:54:20.

trustees to notify the members at any time if they deem it necessary.

:54:21.:54:26.

I really they is an important point. So, that power is already there. It

:54:27.:54:31.

is not as if it is going away. Having said all that, I have really

:54:32.:54:37.

considered everything, but I think I have made the arguments myself, and

:54:38.:54:41.

I would trust and hope the honourable member would withdraw his

:54:42.:54:45.

amendment. Mr Deputy Speaker, I am satisfied that the bill has been

:54:46.:54:48.

improved by amends made at committee and I would like to say largely in

:54:49.:54:53.

response to opposition argument, once it becomes an act I think will

:54:54.:54:59.

provide an effective protection for the millions saving in mastertrusts

:55:00.:55:03.

largely as a result of the success of autoenrolment. I hope today this

:55:04.:55:09.

House will be conten tent to leave it unamended. Division, clear the

:55:10.:55:18.

lobbies. Order. The question is that new

:55:19.:56:11.

clause one be read a second time as many of that opinion say aye. The

:56:12.:56:17.

contrary no. Tellers for the ayes Nick Smith and Jeff Smyth. For the

:56:18.:56:25.

noes Chris Pincher and Chris Eton Harris.

:56:26.:56:28.

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