Superannuation Bill

My Lords, I will obviously not pursue the proposition that Clause 2 do not stand part of the Bill but, like the noble Baroness, Lady Noakes, I am struggling to understand fully the Government’s position on this, particularly in relation to the fallback. Can the Minister be a bit more specific on the fear that the introduction of the scheme, by way of order in a parliamentary process, is somehow less secure than caps being included in primary legislation as a fallback, particularly when those caps are, pretty much across the range, substantially more adverse than the scheme which is going to be introduced? It seems to me that Governments, as they legislate, could argue right across the piece that there is always the prospect of a challenge. Somebody might take a different view—the courts might take a different view to the Government—and there are consequences of that. If there are, the Government have to face those consequences. I suggest that to try and build in, or hardwire, if I may use the expression, a sort of fallback position in all sorts of circumstances, particularly these, does not seem appropriate. It is something which concerns us greatly and to which we shall certainly return on Report. It is not only our view. The Delegated Powers Committee made a further point about reviving these provisions but, if we adopted this across all government legislation, legislation would be littered with provisions so that if there were a successful challenge here, there or anywhere else, there would be something in your back pocket as a fallback. That does not seem a very sensible basis on which the Government should legislate. While I hear what the noble Lord said, I am not convinced by the proposition that he has made, certainly on the issues around the basis for discussion and interim solution. In a sense, that is now past and we have something which is, if not fully agreed, on the point of being implemented. Yet, as the noble Baroness said, Clause 1 has moved us on from it anyway, so I remain unconvinced. The issue of having a measure like this in the background, which of itself must be a deterrent for somebody who believes that they have a case in law to pursue, whether they are right or wrong, is that it must make it less likely that they would seek, in their terms, to get justice. That is a regrettable step as well.