Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order 2005

These orders are the first of a series which will amend relevant legislation across government to take account of civil partnerships. As we know, the first two deal with pensions and social security matters, while the third to be taken today addresses registration provisions. Further orders will be laid for debate in the autumn. In addition, consequential amendments to secondary legislation will be included in orders to be laid before Parliament, subject to the negative resolution, in time to come into force on 5 December. So I am afraid that I must confirm the worst fears of the noble Baroness: there will be more orders. Finally, our friends at Stonewall have raised the question of contracting out, a point also raised by the noble Lord, Lord Oakeshott. The Employment and Equality (Sexual Orientation) Regulations prohibit trustees and managers discriminating against civil partners as compared to spouses in respect of service after 5 December 2005. This non-discrimination rule binds the managers and trustees of all occupational pension schemes, including those offering contracted-out benefits. If an occupational pension scheme is not contracted out or provides benefits over and above the contracted-out rights, the scheme rules will set out the conditions for the payment of survivor benefits under the scheme. These are matters for the schemes themselves to decide. We do not think it appropriate for the Government to intervene and require all schemes to bear the cost of paying extra benefits for a past period. I finish simply by saying that a number of general points were raised about pension schemes. I believe that my noble friend said that an opportunity for a more wide-ranging debate will arise at a later stage. Obviously this is neither the time nor the place to initiate it. If I have missed any answers, I shall be happy to write to the noble Baroness or the noble Lord.