Baroness Sherlock (Lab)

My Lords, I am not going to say any more than I have now. The noble Baroness has made a series of complaints about cartels, secrecy and lack of integrity—all kinds of things—none of which are merited. I simply felt that I needed to put something on the record to counter that, and I do not have anything to add. We have made it clear that these were iterative discussions with the industry, looking at what was going to happen specifically in relation to the accord, and I have made the Government’s view on that clear. On enforcement, Amendment 145, to which the noble Baroness, Lady Stedman-Scott, has added her name, probes whether the maximum penalty of £100,000 per employer in new Section 28I is proportionate. We have worked closely with the regulators and benchmarked against comparable penalty regimes. The intention is to set a maximum that is meaningful as a deterrent to wilful or repeated non-compliance but is not routinely applied. I assure the noble Baroness that it is a cap, not a fixed sum, so the regulators will take account of the facts in each case; in practice, the potential loss of qualifying scheme status for auto-enrolment is likely to be a far more significant consequence than any fine. We are keen to work with schemes, trustees and providers to ensure that any future use of the reserve asset allocation powers, were that to come to pass, is carefully targeted, evidence-based and consistent with trustees’ duties. We believe that the Bill provides the right framework, including the savers’ interest test, the requirement for a prior report and a proportionate enforcement regime. In the light of all that, I hope that noble Lords can withdraw or not press their amendments.