B

Baroness Bowles of Berkhamsted (LD)

Speaking in the House of Lords on 3 February 2026

Debate

Pension Schemes Bill

Contribution

My Lords, I support the general issues that the noble Baroness, Lady Noakes, has raised. Of course, if this whole clause were deleted, the amendment that I am seeking in addition would disappear. I want to speak to my amendment which is about new Section 117D(2), which says: “The best interests test”, in relation to a unilateral change, is that it is reasonably likely that effecting it will”, change. I do not like the words “reasonably likely”. We have to examine what “reasonably likely” means in legal terms. Reasonably likely is a threshold of probability that is lower than the civil standard of “more likely than not”. More likely than not means above 50%, so reasonably likely means less than 50%. Having “reasonably likely” means that lower than 50% might have a better outcome, which is unacceptable. I find it hard to believe that that is what is intended. When you look at a phrase such as “reasonably likely”, you would think that the reasonable is somehow enhancing the likeliness, but in legal terms it is not. It is taking away from it. Therefore, I hope that that can be looked at and that the Government will address that issue.

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