Pensions Bill [HL]

Baroness Murphy Excerpts

Wednesday 30th March 2011 Lords Chamber

Moved by

[Baroness Murphy]

3: Clause 1, page 2, leave out lines 3 to 6 and insert—

“6th October 1953 to 5th November 1953	6th May 2018
6th November 1953 to 5th December 1953	6th August 2018
6th December 1953 to 5th January 1954	6th October 2018
6th January 1954 to 5th February 1954	6th November 2018
6th February 1954 to 5th March 1954	6th January 2019
6th March 1954 to 5th April 1954	6th March 2019
6th April 1954 to 5th May 1954	6th May 2019
6th May 1954 to 5th June 1954	6th July 2019
6th June 1954 to 5th July 1954	6th September 2019
6th July 1954 to 5th August 1954	6th November 2019
6th August 1954 to 5th September 1954	6th January 2020
6th September 1954 to 5th October 1954	6th March 2020
6th October 1954 to 5th November 1954	6th May 2020
6th November 1954 to 5th December 1954	6th July 2020
6th December 1954 to 5th January 1955	6th September 2020
6th January 1955 to 5th February 1955	6th November 2020
6th February 1955 to 5th March 1955	6th January 2021
6th March 1955 to 5th April 1955	6th March 2021”

[Baroness Murphy]

My Lords, I am sure that the noble Baroness, Lady Greengross, will be here to speak to her amendment in due course, so I am speaking on her behalf. This is not a filibuster despite the comment I have just overheard. In Committee I spoke to the suggestion that we should have a halfway house and that there should be an amelioration of the difficulties that some people will face. I have today supported the Government in the main thrust of their policy but I think that a modest change to help the few who need it would be very helpful indeed. I am now assured that the noble Baroness is in her place, and no doubt she will outline her amendment in more detail. I beg to move.

[Baroness Greengross]

My Lords, I start by thanking the noble Baroness, Lady Murphy. I am sorry; I did not realise that people had come back into the Chamber. I hope that my amendments will be seen as both positive and fair. They represent a compromise and would ensure that, if the Bill becomes law, no women born between 6 October 1953 and 5 April 1955 will have to work for more than one extra year before they receive their state pension. This is a particularly vulnerable group which was eloquently described by the noble Lord, Lord German, in his remarks on the previous amendment.

We know that life expectancy is rising much faster than many of us had realised, and during the Second Reading debate on this Bill I accepted the argument that rises in the state pension age must take place. However, I also said that while I understand completely that deficit reduction is a priority for the Government, this legislation could have a hugely negative impact on certain women. It will have a negative impact on many women, but some groups will be particularly affected. The 33,000 who are the worst affected will face a two-year hike in their state pension age. They will not have any possible opportunity—because they will not have had notice—that will enable them, even if they could, to plan financially for this delay in getting their state pension.

This group of women will be particularly and disproportionately hit by the Government’s proposals. It will also be the second time that these women have had their state pension age changed. Many will also be totally unaware of the changes and they will not be in any way prepared for them. Many of these women, as the noble Baroness, Lady Hollis, illustrated graphically, will be single women and women on lower incomes, who face, as we know, lower life expectancy on average. Many of them have not had a chance to accumulate any form of private pension. They will be reliant solely on the state pension. Many of these women care for older parents or younger grandchildren, and sometimes both at the same time.

Furthermore, the timetable proposed in the Bill is faster than that laid out in the coalition agreement, which promised that the state pension age would not start to rise to 66 until 2020 at the earliest. I do not think I am alone in having received many letters illustrating this point from people who are going to be caught out by this change, which would in any case not offer any immediate help in cutting the deficit, because, as we have heard, there will not be any savings until 2016, by which time the Government plan to have eliminated the current deficit.

The figures in the table I have produced have been verified by some key experts in the pension field as dealing with a particularly difficult problem. Many people I know feel very strongly about this matter and by accepting these amendments the Government could—and I hope will—demonstrate that they want to help the people most affected and worst affected by this necessary reform of the state pension age. I very much hope that the Minister will support my amendments.

--- Later in debate ---

[Lord Freud]

I thank the noble Baroness, Lady Greengross, for this amendment, and for seeking to achieve a compromise position between what we have proposed and what the noble Lord, Lord McKenzie, put forward—the rather more costly proposition that we were discussing a few minutes ago. No one wants to hear a rehearsal of all the arguments that we have just gone through, so I will avoid it. I thank the noble Baroness for her ingenious approach to trying to develop this compromise position. It is a real achievement that she has got ahead of the noble Baroness, Lady Hollis, on a weekend when she had a towel around her head.

This amendment attempts to recoup at least part of the savings that are lost by a gentler transition to 66 years for women by increasing the pension age for men to 66 years first, and then staying within the European equal treatment directive. As she explained, the amendment is intended to ensure that no women will have their state pension age increased by more than 12 months, which would place women on a similar footing to men at least in respect of the adjustment that they would need to make. Picking up on my noble friend Lord German’s teasing about the kinks, I think that we should look at the intention here rather than at the exact drafting. I am very happy to do that, although it is nice to look at the kinks if you are a little techy about the subject.

This timetable would result in deferring the point at which a state pension age of 66 is reached until 2021. However, unlike the amendment tabled by the noble Lord, Lord Boswell, in Committee, which had the same end point, her amendment would cost some £2 billion compared to his £7 billion because the increase in state pension age for men to 66 by April 2020 would go ahead as we have planned. That is why this is such an ingenious amendment.

I must now air the issue of the equal treatment directive, which, frankly, has bedevilled the whole situation and created a lot of problems in devising how we approach it. I ought to spend a little time on the directive.

Directive 79/7 deals with the progressive implementation of the principle of equal treatment for men and women in matters of social security. It provides that there shall be no discrimination on grounds of sex in relation to the benefits to which it applies. When the Pensions Act 1995 was passed, the UK legislated to end gender discrimination in the state pension age by April 2020. Any change we now wish to make needs to be considered in relation to the position left by the 1995 Act. In particular, we need to consider whether any alteration would hinder progress towards equal treatment by either increasing the present gender gap in pension age or prolonging the period of unequal pension ages. Doubtless with the first of these considerations in mind, the noble Baroness’s timetable aims to control the gap. It is certainly the case that the difference in pension ages between men and women sharing the same birth date is no greater than it would otherwise have been under the original equalisation schedule. It does, however, result in a difference of treatment between birth cohorts. I shall try to illustrate that.

At the point that the noble Baroness’s timetable parts company with the proposals in the Bill—that is, for women born from 6 October 1953—the pension age gap between men and women for that birth cohort would stand at five months. It falls to three months for the following cohort but then starts to rise again, to a year for men and women born in March 1954, before rejoining the path set by the 1995 Act, albeit at a year older. By reducing and then increasing the difference in the state pension ages between men and women, and by delaying the final point of pension age equalisation by 12 months relative to the timetable legislated in 1995, the amendments can be seen to be adverse to the progressive equalisation of pensionable age both in themselves and by reference to the Pensions Act 1995.

As I said, the noble Baroness’s proposals would still reduce the overall savings by around £2 billion. While this is significantly less than the £10 billion price tag attached to the amendment of the noble Lord, Lord McKenzie, it is still not a negligible sum. As I have tried to explain, the issue around this amendment is the extent to which it runs contrary to the progressive equalisation of pensionable ages currently on the statute book. As structured, it risks breaching the European directive and being unlawful. Therefore, I am not in a position to support the amendment or even to make any warm noises about it or the possibility of action being taken in another place, as the noble Lord, Lord McKenzie, suggested. However, this House has expressed strong feeling on this matter and the message has undoubtedly gone out loud and clear. On that basis, I urge the noble Baroness to withdraw her amendment.

[Baroness Murphy]

I believe that I must respond to the Minister since I moved the amendment. I have listened to the debate very carefully and thank everyone who has spoken in support of the amendment of the noble Baroness, Lady Greengross. I say to the noble Lord, Lord German, that I do not have a clue why the kinks have arisen. If I was the Minister, I would say at this point, “The noble Baroness, Lady Greengross, will write to you with her responses”. I am sure that we would all like to know the answer to that.

I am very disappointed with the Minister’s response.

[Noble Lords]

Hear, hear!

[Baroness Murphy]

Although he is clearly hampered by the commitment to the directive, it does not seem to be beyond the wit of the Minister and his colleagues to devise a rather warmer response to the wish of this House that a compromise should be made. Given my experience on previous occasions, I think that it would be a good idea for the House to express its opinion on this matter. I wish to test the opinion of the House on this amendment.