Pensions Regulator (Employer Resources Test) Regulations 2021

Baroness Sherlock Excerpts

Monday 6th September 2021 Grand Committee

[Lord Davies of Brixton (Lab)]

I am glad that it was an accountant who made the comment that profits can be whatever you want them to be, which was my concern. However, I am struggling to grasp what role this is playing. In some ways, I suspect that we could overengineer the definition of “resources” and make it very complicated. There are strong arguments for keeping it as simple as possible so that the regulator can take a holistic view. This is what I understood the process to be. My guess is that the regulations will enable the regulator to do what we always thought it could do in the first place, and it tripped over some regulatory legal point. There are strong arguments in favour of keeping it simple and leaving it essentially to the judgment of the regulator.

Whenever I mention the regulator, I have to add my qualification that of course it does not represent scheme members in any way. It does not have the accumulated knowledge of unions and employers who actually do the business of agreeing pension schemes. I have questions about the Pensions Regulator but the ideal should be a Pensions Regulator that knows the field and can apply the test proportionately.

I have one specific question. I have no idea what this means. Regulation 4(8) says that

“the Regulator must take into account all relevant information in its possession”.

Well, yes, it is not going to take into account information that is not in its possession. However, it goes on to use the word “verification”. I am not sure what “verification” is doing in that paragraph.

[Baroness Sherlock (Lab)]

My Lords, I thank the Minister for her explanation of the reasoning and intent behind the employer resources test, and all noble Lords who have spoken. I too welcome a move to strengthen the power of the Pensions Regulator. We should say that most employers with DB schemes act professionally and responsibly and maintain good relations with their scheme trustees. However, the Pension Schemes Act 2021, from which these regulations flow, rightly gave the Pensions Regulator stronger powers to deal with the small number of circumstances where parties decide to evade their obligations to their pension schemes or behave recklessly. The test is whether these measures will enable the regulator’s approach to be clearer, quicker and tougher. This is what we are exploring today, so I hope that the Minister can help to reassure us on that point.

I will not go back over what the regulations do, but as we have heard, employer resources will be assessed through normalised annual profit before tax, with non-recurring or exceptional items removed. The Minister explained how that would happen: you would take NAPBT, the regulator would then look at the impact on NAPBT caused by the act or the failure to act, produce an adjusted NAPBT and then decide whether to issue a contribution notice. It would compare the two and then argue that the reduction was material in relation to the estimated Section 75 debt.

The case for the test must be that it removes the evidential challenges and uncertainties in forecasting how the employer might or might not perform in the future— absent the act or failure to act—and therefore presumably would provide a quicker measure of assessing the employer’s ability to support the scheme and reveal whether a reduction in resources was material.

Occupational Pension Schemes (Climate Change Governance and Reporting) Regulations 2021

Baroness Sherlock Excerpts

Monday 5th July 2021 Grand Committee

[Baroness Sherlock (Lab) [V]]

My Lords, I welcome this important instrument. I thank the Minister for her introduction and the other noble Lords for their contributions.

The Explanatory Memorandum notes the evidence suggesting

“that we are currently on track to see 3°C of warming by the end of the century.”

That level of warming would cause changes that fundamentally shift how the planet behaves, including the breakdown of the global ocean circulation system, rainforests turning to savannah, ice sheets disintegrating, the spread of deserts and the collapse of farmable land. This could result in mass migration, famine, war and death. It could not be more serious.

As the Minister reminded us, climate change is expected to have a significant impact on pension schemes and their almost £2 trillion in UK assets due to both the physical and transition risks. It is good that we are starting to see action taken within the industry, such as Aviva announcing that its auto-enrolment default funds will aim to achieve net zero by 2050—that is some £32 billion of capital—or the BT pension scheme setting a goal of net zero by 2035 for its whole portfolio of about £55 billion. There is lots of good practice emerging in public sector DB schemes.

With the climate emergency getting ever more serious, today’s action is long overdue, so it is good that the Pension Schemes Act from which this SI derives addresses climate risk. Pensions Minister Guy Opperman described the proposals as “world-leading”, and the Minister today noted that the UK is set to become the first major economy to require climate risks to be specifically considered and reported on—but I gently say to the Minister that the grandstanding is a little ungracious and that no reference was made to the fact that the Bill was made greener only by cross-party working in our House.

When the Pension Schemes Bill was introduced as a Lords starter, rather than net-zero provisions there were zero climate provisions in the legislation—a gaping hole we highlighted at Second Reading. The Government then introduced amendments in Committee but they had to be strengthened through cross-party negotiation, led by my noble friend Lady Jones of Whitchurch and the noble Baroness, Lady Hayman, to ensure that trustees and managers had to take account of the Paris Agreement and domestic targets such as net zero. As a result of that work, “climate change” was mentioned in domestic pensions legislation for the first time. We are really pleased with this achievement.

Turning to the detail of the instrument, I have a number of questions—the Minister would be disappointed if I did not, but none of them should be very unexpected, so I hope she will be ready and able to answer them. First, the Pensions Regulator will put requirements on trustees to drive change among investment managers. But the regulator has acknowledged that without standardised and enforced data throughout the investment supply chain, trustees would find it difficult to access the good-quality data they will need to produce the qualitative and quantitative outputs required by the new governance and reporting requirements.

There is an issue because the two regulators, TPR and the FCA, are not fully aligned in time, and TCFD disclosures aligned to the Task Force on Climate-related Financial Disclosures are not currently required throughout the investment chain. As my noble friend Lord Davies mentioned, the FCA is currently consulting on proposals to introduce climate-related financial disclosure rules and guidance for asset managers, life insurers, FCA-regulated pension providers and issuers of standard listed equity shares; to require firms to reveal how they will take climate-related risks into account in managing investments on behalf of clients; and to produce a baseline set of disclosures in respect of their products and portfolios. But the FCA proposals will not be released until 2022, so we do not know how they will align with the TPR requirements.

In his Mansion House speech on 1 July, Chancellor Rishi Sunak announced the sustainability disclosure requirements to be introduced for businesses and financial products. The Treasury has said that these are intended to bring together and streamline existing climate reporting requirements and that the Government will work with the FCA to create a new sustainable investment label—a quality stamp.

Here come two important questions on this issue. First, can the Minister clarify how these sustainability disclosure requirements will interact with the rules for trustees arising from these regulations on reporting on climate risk? Secondly, can trustees rely on an FCA quality stamp as a reliable and acceptable source of data for meeting their disclosure requirements under these regulations?

Next, a word about scope. The Minister mentioned that these new governance requirements will apply initially to trustees of schemes with relevant assets of £5 billion or more, then from October next year they will bring into scope trustees of schemes with relevant assets of £1 billion or more. TPR estimated that the first phase would capture 102 pension schemes, or roughly 42% of all UK pension assets. The second phase would capture an estimated 351 schemes. The provisions would then, by the end of phase 2, cover approximately 71% of all UK pensions assets.

Here comes the third question: what, if anything, will be done to manage climate risk for the other 29% of pension assets? Will there be any requirements on them at all, or any action in relation to them? Some respondents to the TPR consultation argued that the DWP should commit now to bringing more schemes into scope in 2024. I get that they want a review, but why did the Government reject that commitment in principle to bring more schemes in? Also, what support will be given to trustees to help them meet these new obligations?

I have two final quick questions. One is on cost. The annual net direct cost to business is suggested as £6.2 million—roughly £12,000 for a scheme in year 1 and about £10,800 thereafter. Is the intention to provide any transitional funding, or will the Government monitor these costs so that they can decide whether help is needed for smaller schemes when they are brought into scope? Finally, will there be a central collection and monitoring process to review information from all industry reports to get a broad picture of the progress that schemes are making?

These changes are very welcome, but we still have a long way to go to ensure that the pensions industry and the Government manage climate risk better and reach net zero by 2050. I congratulate all those who worked so hard to get this instrument before us today. I hope that the example of the pensions Bill, where cross-party pressure in this House led the Government to a better place, is one that will set a trend for the future. I look forward to the Minister’s reply.

Child Maintenance Service

Baroness Sherlock Excerpts

Thursday 24th June 2021 Grand Committee

[Baroness Sherlock (Lab) [V]]

My Lords, I remind the Committee that, a long time ago, I was a non-executive director of the Child Maintenance and Enforcement Commission and, even longer ago, chief executive of One Parent Families.

I am grateful to the noble Lord, Lord Famer, for securing this debate, as we rarely get to discuss child maintenance, which is really important. His opening speech began with a history lesson, capped fascinatingly by the noble and learned Lord, Lord Mackay of Clashfern, who reminded us just why we need an effective statutory Child Maintenance Service—a cause he has long championed. The noble Lord, Lord Farmer, also gave us a tour d’horizon of many of the key policy issues relating to child support, with the noble Baroness, Lady Eaton, offering some more in her contribution.

I will focus on more operational questions, but I start by agreeing with the noble Lord, Lord Farmer, that it is important, wherever possible, that both parents should contribute towards the cost of bringing up children after a relationship has broken up. Children are a lifelong responsibility for their parents, and it can be important for them to know that both parents continue to support them. I also agree with the noble Lord, Lord McColl, about the importance of good support for families at every stage.

There is also clear research evidence demonstrating the role that child maintenance can play in helping to lift single parents out of poverty. This is really important, given that we went into the pandemic with 4.3 million children living in families in relative poverty. Given the scarring effect in later life of living in poverty as a child, the stakes are very high.

Ministers often say that work is the best route out of poverty, but working poverty is now at a record level of 17.4%. Interestingly, a recent IPPR report found that the poverty rate for couples with one full-time earner is now 31%. Since single-parent households tend to have just one earner, it is perhaps not surprising that almost half of children living in single-parent households are in poverty. But if a single parent is already working full time, they cannot really make much more money by earning more, so getting maintenance paid in full and on time may be their best chance of lifting their children out of poverty.

Unfortunately, too much maintenance goes unpaid, and it must be said that the Child Maintenance Service has not had a good pandemic. That is not a reflection on the hard-working staff of the CMS. When Covid hit, a large number of staff were redeployed away from the CMS to help process universal credit claims. Can the Minister tell us how many? My noble friend Lady Massey of Darwen was pushing on that as well. I understand the need for more staff processing universal credit claims, but single parents paid the price for that. Victoria Benson, CEO of Gingerbread, said that for much of the pandemic, the CMS was

“running a skeleton service, meaning they are now as a rule not enforcing payment and are allowing paying parents to reduce or withdraw maintenance payment without any proper evidence.”

Single parents are still complaining to Gingerbread that CMS is not enforcing child maintenance owed to them.

I looked up the last official child maintenance statistical report, which covered the last quarter of 2020—it came out on 23 April, so we are due another one any day. It said that the CMS had resumed virtually all areas of service delivery and was now focusing on the recovery and enforcement of outstanding arrears. Can the Minister tell us what the current situation is? Is CMS now operating a full service in all areas? Is it using its full range of enforcement powers? Crucially, are there as many staff now in the CMS as there were before the pandemic? Does it have a plan for tackling those arrears?

My noble friend Lady Massey raised the question of the reduction in the period of time for considering a paying parent’s maintenance liability where their income had changed because of Covid. That was cut from 12 weeks down to two. It protects paying parents but of course hits receiving parents. CMS said it will revert to 12 weeks as soon as possible. Can the Minister say whether that is still in force and, if so, when will it revert?

The statistics show that in the last quarter ending December 2020, of paying parents who pay via collect and pay 50% paid over 90% of their child maintenance—that counts as fully compliant; 22% paid something; and 28% paid nothing at all. Does the Minister think that is acceptable? If not, is there a target to improve it? We need to look at those stats in light of the fact that more people have moved on to benefits; they are more likely to pay child maintenance as it is knocked directly off their benefit payments before they get it. Indeed, 40% of all collect-and-pay cases now involve deductions from benefits, whereas it would normally be more like 21% to 24%. So that is flattering the compliance rates.

What about the amounts? In the quarter to September 2020, the statistics say that £41.1 million was paid through collect and pay. But by the last quarter, when things were allegedly back to normal, that went up only by £1 million. That seems to leave £15.2 million of maintenance uncollected in that quarter alone. That is £15 million that could have been spent on feeding and clothing children.

Since 2012, when the Government created the Child Maintenance Service, £395 million in unpaid maintenance is owed through collect and pay. That is roughly 9% of all the maintenance ever due to be paid since the new service started. The Government closed down the previous service, reformed the system and created what we have now. It is their baby. Are they happy with how it is doing?

That is just those who get into the statutory system. Like my noble friend Lady Massey and the noble and learned Lord, Lord Mackay of Clashfern, I worry about the impact of charging and I would also like to know how much maintenance is being paid through private arrangements.

Finally, a consultation was launched just last Friday on making some changes to CMS. I read that the proposals are to change how unearned income is treated, to enable the writing off of low amounts of debt, to allow CMS notifications to be sent digitally, and some other stuff about who has to provide information. Can the Minister tell us whether all those changes which the consultation is addressing can be made in secondary legislation? Will the DWP analyse the responses to the consultation before it publishes the draft legislation? I know that sounds obvious, but it does not always happen. The NAO is also preparing a report on the CMS. Will the department await the final NAO report before making any changes?

Child maintenance matters to parents and to society but, above all, it matters to children, since, as my noble friend Lady Massey always reminds us, the welfare of the child is paramount. We owe it to our children to have a well-functioning, supportive system of child maintenance in Britain. I look forward to the Minister’s reply.

Armed Forces: Transition to Civilian Life

Baroness Sherlock Excerpts

Tuesday 15th June 2021 Lords Chamber

Asked by

[Baroness Sherlock]

To ask Her Majesty’s Government what assessment they have made of the support provided by the Department for Work and Pensions to members of the Armed Forces in their transition to civilian life.

[The Parliamentary Under-Secretary of State, Department for Work and Pensions (Baroness Stedman-Scott) (Con)]

My Lords, the vast majority of veterans are able to make a successful transition to life outside the Armed Forces; 84% of veterans are employed within six months of discharge, and these rates compare very favourably with the wider population, where 76% are in employment. The DWP provides support to veterans in a number of ways, including through the early voluntary entry to the work and health programme, and support from its network of Armed Forces champions.

[Baroness Sherlock (Lab) [V]]

My Lords, in 2019 the Government committed up to £6 million to fund more than 100 Armed Forces champions. They are there to provide personnel, veterans and families with specialist support to find work and transition to civilian life, and they are a key part of the Government’s commitment to the Armed Forces covenant. The Minister has now told me in a Written Answer that they now aim to hire only 50 champions and have a record low of just 34 in post. So why have the Government abandoned this commitment to our Armed Forces, and how much of that £6 million has actually been spent?

Child Poverty: Ethnicity

Baroness Sherlock Excerpts

Thursday 27th May 2021 Grand Committee

[Baroness Sherlock (Lab) [V]]

My Lords, I thank the noble Lord, Lord Woolley, for securing this debate and for the powerful challenge with which he kicked it off. The picture painted by these ONS statistics is both politically unacceptable and deeply sad. I note the point made by the noble Lord, Lord Farmer, about the educational results in the north-east and I look forward to seeing more action to support my region. However, what struck me most in this report was the clear reminder that child poverty has a disproportionate impact on certain minority-ethnic communities in the UK. Noble Lords have referred to the fact that children from Pakistani and Bangladeshi households are the most likely to live in low income; a higher proportion of children in black and other UKME households are more likely to be living in low income; and children in Asian households are two and a half times as likely as the national average to be in persistent low income. That is huge. These figures came out in February last year, before the pandemic even kicked in, showing that, even by that point, progress in the UK had stalled.

We know that, when kids grow up in poverty, there is a greater risk that all areas of their lives will be adversely affected. This includes lower grades and fewer opportunities and, later on, lower wages and poorer health. However, the Government are still sticking with policies, such as those outlined by my noble friend Lady Lister, that have already resulted in 4.3 million of our children growing up in poverty, and they are still planning to cut another £20 a week for millions of families in September, which will make things worse still. Given this evidence that poverty is not equally distributed, can the Minister tell us what assessment the Government have made of whether and, if so, how that £20 cut will disproportionately hit black, Asian and other UKME people?

We know that kids cannot learn well on an empty stomach. Just this week, new government data showed that 500,000 more children became eligible for free school meals during the first year of the pandemic—more than 11,000 children each week. However, again, this is not evenly distributed. The 2020 ONS figures showed that black pupils were the most overrepresented group in the free school meals population, so can the Minister tell us what the picture is for black pupils now that we have had a year of the pandemic?

The Government plan to give food and activities to children eligible for free school meals, though during just half of the summer holidays. Why will they not give cash transfers for free school meals to ensure that families get the full value of this support and can buy the food and activities best suited to their children? As has been mentioned by other noble Lords, do the Government plan to extend eligibility for free school meals to all children from a household getting universal credit or with no recourse to public funds?

We need action to tackle child poverty. We need reform of our social security system to give everyone the help that they need. However, we also need action to target structural inequalities, including differential rates of poverty, unemployment, low pay, job insecurity and so much more. How will the Government address those underlying problems? Indeed, how will they identify them? Labour suggested various ways, such as a race equality Act or a strategy. If the Government do not like those ideas, that is fine, but what are their ideas? How will they identify the problems and address them? I look forward to the Minister’s reply.

Kickstart Scheme

Baroness Sherlock Excerpts

Thursday 29th April 2021 Lords Chamber

Asked by

[Baroness Sherlock]

To ask Her Majesty’s Government what steps they are the taking to increase the number of jobs created by the Kickstart Scheme.

[Baroness Sherlock (Lab) [V]]

My Lords, I thank the Lord Speaker for his service, and I beg leave to ask the Question standing in my name on the Order Paper.

[The Parliamentary Under-Secretary of State, Department for Work and Pensions (Baroness Stedman-Scott) (Con)]

I am very pleased to advise the House today that we have now approved 195,000 vacancies on the Kickstart scheme. During the pandemic and the lockdown, employers were very keen to become involved in the Kickstart programme and make opportunities available for young people, but they wanted to wait until we came out of lockdown, when their businesses could start to trade. I can say to the noble Baroness and the whole House that progress is being made day by day and the number of young people going into vacancies is accelerating fast.

[Baroness Sherlock (Lab) [V]]

My Lords, is it not the case that only 16,500 young people have actually started work? That is out of some 575,000 who are unemployed. Last June, Ministers said that Kickstart would create new jobs for a quarter of a million young people. Can the Minister tell the House two things? First, what is the new target date for getting 250,000 young people into jobs? Secondly, given that only 490 placements have happened in the whole north-east of England, what is the plan for making sure that poorer regions are not left behind?

[Baroness Stedman-Scott (Con)]

As I originally said, we have 195,000 vacancies and more are still coming in, so we are positive that we will create hundreds of thousands of jobs for Kickstarters. We are well aware of the difficulties associated with the north-east. We are doing a deep dive on Friday with departmental officials, and we are working at pace to secure adequate opportunities for the plan for jobs. I am confident that we will meet our target in the timeframe allocated for Kickstart.

Unemployment: Over-50s

Baroness Sherlock Excerpts

Tuesday 9th March 2021 Lords Chamber

[Baroness Stedman-Scott (Con)]

That is a great idea. I will take it back to the department because I can promise the whole House that our Secretary of State and our team are looking at innovative ways to get people back into work.

[Baroness Sherlock (Lab) [V]]

My Lords, to build on that, the pandemic has certainly caused job losses for older people and led to people retiring early, or indeed delaying retirement. That hurts those individuals and their families, but it also affects the labour supply and the pensions landscape. It is a big public policy issue. Have Ministers considered developing a focused strategy, with ring-fenced funding and targeted interventions, and perhaps adapted conditionality for older workers?

[Baroness Stedman-Scott (Con)]

In respect of conditionality and targeted support, the work that we are doing through the work coaches is tailored and individual. We are using the conditionality rules as compassionately and sensibly as we can.

Pension Credit

Baroness Sherlock Excerpts

Monday 8th March 2021 Lords Chamber

[Baroness Stedman-Scott (Con)]

The noble Baroness has obviously had a great career supporting, promoting and championing pensioners in need. On the use of taxpayers’ money, I am not aware of any plans to do as the noble Baroness suggests.

[Baroness Sherlock (Lab) [V]]

On International Women’s Day, we should note that women pensioners are more likely to be poor than men. A DWP official told the Scottish Social Security Committee that if all poor pensioners claimed pension credit, housing benefit and the council tax reduction, pensioner poverty would reduce to almost zero. The DWP take-up campaign last year has not worked. Peers keep asking Ministers to meet with us, together with charities, because we need more energy and creativity behind a campaign. I do not understand why the Minister keeps side-stepping that request. Can she explain that?

[Baroness Stedman-Scott (Con)]

I am really not aware that I or any of my colleagues have side-stepped meeting with Peers to talk about creativity, and I do not agree with the noble Baroness on that point. There will be a meeting where people will have the opportunity to discuss and put forward their ideas. I am sure that the department will consider them carefully.

Covid-19: Universal Credit

Baroness Sherlock Excerpts

Tuesday 2nd March 2021 Lords Chamber

Asked by

[Baroness Sherlock]

To ask Her Majesty’s Government what steps they are taking to support claimants of Universal Credit during the COVID-19 pandemic.

[Baroness Sherlock (Lab) [V]]

My Lords, in January 6 million people were on universal credit, up from 3 million last March. Does the Minister accept—

[The Earl of Courtown (Con)]

My Lords, could the noble Baroness put the Question first?

[Baroness Sherlock (Lab) [V]]

I am so sorry; I am out of practice. I beg leave to ask the Question standing in my name on the Order Paper.

[The Parliamentary Under-Secretary of State, Department for Work and Pensions (Baroness Stedman-Scott) (Con)]

My Lords, where do I start? I am so proud of the work that my department has done in supporting people during the pandemic. Time does not allow me to reel off everything that we have done, but I shall list these: our plan for jobs; a £2 billion kick-start scheme; increased support for 40,000 jobseekers of all ages; sector work-based academies; the job-finding support service; the help that we have given to 160,000 people; and our £238 million job entry targeted support. There is much more that I could say to the whole House. The department has done an outstanding job.

--- Later in debate ---

[Baroness Sherlock (Lab) [V]]

I am grateful to the Minister for having got that list out of the way, because now she can answer one very simple question from me. Does she accept that cutting £20 a week from the incomes of people on universal credit, whether now or in six months, will push children into poverty and leave out-of-work support at its lowest level in decades, just when unemployment is set to peak? Will she take back to the Chancellor a clear message that he should cancel this cut, extend the £20 to legacy benefits and ensure that our social security system offers a proper safety net to everyone who needs it?

[Baroness Stedman-Scott (Con)]

The £20 uplift in universal credit has done an outstanding job. The Chancellor put it in place in a temporary way, and I guess tomorrow we will find out the intentions for the future. But please be assured that I am very happy to go back to the Chancellor and share the views of the noble Baroness and many others who have made that point.

Commonwealth Countries: Reciprocal Pension Agreements

Baroness Sherlock Excerpts

Monday 1st March 2021 Lords Chamber

[Baroness Stedman-Scott (Con)]

The decision to move abroad is voluntary and a personal choice dependent on the circumstances of the individual. For many years now, advice has been provided on the GOV.UK website that the UK state pension is not uprated overseas, except where there is a legal requirement to do so.

[Baroness Sherlock (Lab) [V]]

My Lords, during the passage of the Immigration and Social Security Bill, we discussed the case of Monica Philip who emigrated to the UK in 1959. After 37 years working here as a civil servant, she returned to Antigua to care for her mother, at which point her pension was frozen. The Minister told me during that debate that she did not know how many of the Windrush generation are affected by this policy. Do the Government plan to look into this any further?

[Baroness Stedman-Scott (Con)]

I regret that I do not have figures for how many Windrush victims have been impacted. The UK state pension is payable worldwide and members of the Windrush generation who have chosen to leave the UK and have reached state pension age will receive annual index-linked increases if they reside in a country where there is a legal requirement to uprate, such as Barbados or Jamaica.