Equitable Life (Payments) Bill

Gareth Thomas Excerpts

Tuesday 14th September 2010 Commons Chamber

[Mr Hoban]

Yes. Although we encouraged people to make representations by early September, I and my officials will still listen to any later representations. If anyone feels that they have not expressed their view, I will happily entertain their representations.

[Mr Gareth Thomas (Harrow West) (Lab/Co-op)]

As the Financial Secretary has just said, and as the explanatory memorandum makes clear, under the Bill eligibility for some state-funded, means-tested support may be affected by compensation payments. Will he confirm whether any Equitable Life policyholder who receives a compensation payment and who is currently on housing benefit, disability living allowance or income support might be affected in that way?

[Mr Hoban]

The Bill provides for matters within the remit of the Treasury. My understanding is that the Department for Work and Pensions has the power to take into account the impact of compensation on other means-tested benefits, and we will discuss with it how the matter can best be dealt with.

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[Mr Gareth Thomas (Harrow West) (Lab/Co-op)]

This has been a most interesting debate with very important contributions from many hon. Members. The hon. Member for Congleton (Fiona Bruce) made an excellent maiden speech. She gave a poetic description of the beauty of her constituency and, just for a second, all of us who heard her were transported back up to the north. She made the people of her constituency sound almost as good as the people of Harrow West. It was a pleasure to listen to her speech.

My right hon. Friend the Member for Holborn and St Pancras (Frank Dobson) and my hon. Friends the Members for Leeds North East (Mr Hamilton), for Ochil and South Perthshire (Gordon Banks), for Kilmarnock and Loudoun (Cathy Jamieson), for Bolton South East (Yasmin Qureshi), for Llanelli (Nia Griffith), for Derby North (Chris Williamson), for Edinburgh East (Sheila Gilmore) and for Foyle (Mark Durkan) all made strong speeches on behalf of their constituents. It would be remiss of me not to take this opportunity to praise in particular the contribution of my hon. Friend the Member for Leeds North East in jointly chairing the all-party group on Equitable Life policyholders. My right hon. Friend the Member for Holborn and St Pancras made the telling point that his general election opponents—like, I suspect, the opponents of all Opposition Members—did not mention any caveats when they signed the Equitable Life pledge in the run-up to 6 May.

To be fair, we also heard passionate speeches on behalf of their constituents from the hon. Members for Argyll and Bute (Mr Reid), for Angus (Mr Weir), for Chatham and Aylesford (Tracey Crouch), for Eastbourne (Stephen Lloyd), for Gillingham and Rainham (Rehman Chishti), for South Down (Ms Ritchie), for Witham (Priti Patel), for Worcester (Mr Walker), for Strangford (Jim Shannon), for High Peak (Andrew Bingham), for Redditch (Karen Lumley), for Macclesfield (David Rutley), for Richmond Park (Zac Goldsmith), for South Basildon and East Thurrock (Stephen Metcalfe), for Portsmouth North (Penny Mordaunt), for Central Devon (Mel Stride), for Brigg and Goole (Andrew Percy), for Mid Norfolk (George Freeman), for Warrington South (David Mowat), for Waveney (Peter Aldous), for Wells (Tessa Munt), for Newton Abbot (Anne Marie Morris), for Wycombe (Steve Baker), for Weaver Vale (Graham Evans), for Carmarthen West and South Pembrokeshire (Simon Hart), for Halesowen and Rowley Regis (James Morris), for Nuneaton (Mr Jones), for Sittingbourne and Sheppey (Gordon Henderson), for Oxford West and Abingdon (Nicola Blackwood), for Dover (Charlie Elphicke), for Harrow East (Bob Blackman), who is my constituency neighbour, for York Outer (Julian Sturdy) and for South Northamptonshire (Andrea Leadsom).

It was striking how much concern was expressed by those on both sides of the House about the lack of clarity in the Government’s position, with every Member noting the very big gap between the Chadwick approach and the ombudsman’s approach—albeit, I accept, that some did so very directly, while others did so with some sound and fury directed at those on the Opposition Benches. Members also noted the very different impression that Equitable Life policyholders are getting about the stance of Government Front-Bench Members now and that which they adopted before the general election.

As my right hon. Friend the Member for East Ham (Stephen Timms) said, we welcome the Bill and we will not oppose it, but we will seek to amend it in Committee, and we will want to probe the Government’s plans further. The Bill provides no detail on the criteria under which payments will be made, so we are no further forward in knowing what Equitable Life policyholders will get. No provision has been made for the independence of the compensation scheme to be established on a statutory basis. The Bill does nothing to ensure an independent appeal process for those who feel they have been unfairly treated—a point made by my hon. Friends the Members for Llanelli and for Ynys Môn (Albert Owen) and the hon. Member for Harrow East. There is also still no clear timetable governing when payments are to be made. The Bill makes no mention of the work of the independent commission. We will want to explore further in Committee how the commission is working.

I recognise that there are two serious tensions between the Treasury and the Department for Work and Pensions, but I was surprised to learn that the Financial Secretary has not resolved whether means-tested benefits will be affected by any compensation that Equitable Life policyholders on such support receive. Equitable Life policyholders on such means-tested support will now be worried that they will be hit by coming benefit cuts and then hit again because of any compensation they might get. I hope that when the Economic Secretary replies she is able to offer some further clarity, and we will certainly want to explore this matter in Committee.

What was most striking about the Financial Secretary’s opening speech was the absence of any effort to resolve the lack of clarity about whether he favours Sir John Chadwick’s approach or the ombudsman’s approach. The manifestos of the Conservatives and their Liberal Democrat partners, and also the coalition agreement document, appeared to be clear. The Conservative party said:

“We will implement the Ombudsman’s recommendation”

So the ombudsman’s recommendation was clearly mentioned there, and it was referenced yet again in the coalition agreement document, which committed both parties to “implement” the parliamentary “Ombudsman’s recommendation”. Even though the parliamentary ombudsman has been crystal clear in her profound disagreement with what Sir John Chadwick has recommended, the Minister notably did not clear up whether he agreed with her assessment of the Chadwick proposals as

“an unsafe and unsound basis on which to proceed.”

We now have a clear assessment of the estimated scale of relative loss, yet clear hints have also been given that the total payout will be very much less than those estimates. EMAG, which was rightly praised by those on both sides of the House, for the skill and persistence with which it has campaigned on this issue, invited candidates to sign its pledge and

“support and vote for proper compensation”.

Crucially, it said that that was to be as

“recommended by the Parliamentary Ombudsman.”

As my right hon. Friend the Member for East Ham said, every Treasury Minister signed that pledge and every one of them would have known then that they were committing themselves to a far higher figure than the sums now being suggested as a result of Sir John Chadwick’s conclusions.

In case there were any doubts, EMAG went out of its way, in the run-up to the election, to sweep away the possibility of confusion by making it very clear that it did not accept Sir John Chadwick’s work and wanted candidates to champion the ombudsman’s approach, which offered very different financial costs and scheme details from those that Sir John’s work would produce. Like the Grand Old Duke of York, the parties opposite have marched the Equitable Life victims up the hill only, once the election was over, to march them promptly back down again. Their hopes and expectations so cunningly built up before the election have been crushed in an exercise that, by any definition, looks breathtakingly cynical.

[Charlie Elphicke]

Speaking of breathtaking cynicism, it ill behoves the shadow Minister to offer thruppence and criticise others who offer sixpence or more.

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[Mr Thomas]

I recognise the hon. Gentleman’s difficulty. He signed the pledge—he confirmed that in his speech—but because of the actions of his Front-Bench team he is going to be embarrassed in front of his constituents. I suggest that he, along with some of his colleagues, needs to put urgent pressure on his Front-Bench team.

As my hon. Friend the Member for Central Ayrshire (Mr Donohoe) pointed out in his intervention, what has also been telling in this debate has been the Conservatives’ unwillingness to take any real responsibility for the failure of regulation surrounding Equitable Life. The Penrose report made it clear that a significant part of the regulatory failure occurred before 1997. Indeed, proposals were put to Conservative Ministers before 1997 that would have updated life insurance regulation, both domestically and within Europe, yet those Ministers either did not think that they were a high priority or argued against reform. A light-touch, low-intervention culture existed in which regulators were poorly resourced or simply not up to the job, so it is hardly surprising that the ombudsman herself, in charting regulatory failure, should set out in July 2008 10 findings of fact relating to regulatory failure, five of which related to events prior to the start of the Labour Government in 1997.

As my right hon. Friend the Member for East Ham has noted, the Government of whom we were members issued a clear apology to Equitable Life policyholders, and I associate myself with those remarks. However, there has yet to be any apology for the mess that passed for financial services regulation under the Conservative party’s last watch.

[Andrew Percy]

While we are in the spirit of apology, will the hon. Gentleman, from that Dispatch Box, apologise to my constituents for not providing them with a single penny of compensation before his Government got voted out in May?

[Mr Thomas]

I think that the hon. Gentleman should have been listening to my earlier remarks, but I recognise the difficulty that he has, along with that of many of his constituents. He marched his constituents up the hill, promising them great sums of money in compensation, and it is now becoming clear that his Front Benchers will not deliver on that commitment. The hon. Gentleman should start to put a bit of pressure on his colleagues. Perhaps he will join us in supporting the amendments we will seek to table to improve the Bill further.

[Mr Tyrie]

Will the hon. Gentleman say how much more than Chadwick proposed that policyholders would have had any chance of getting had Labour won the last general election?

[Mr Thomas]

I say gently to the hon. Gentleman that rather than looking back, we need to look forward. The hon. Gentleman, who serves as Chair of the Select Committee on the Treasury, will, I hope, work with his hon. Friend the Chair of the Select Committee on Public Administration to hold those on his Front Bench to account.

Even though Lord Penrose concluded that regulatory system failures were secondary to the society’s own behaviour as a cause of its problems, the last Government, rightly in my view, recognised that many policyholders had been disproportionately affected. The ombudsman suggested a scheme with a case-by-case review that considered 30 million investment decisions by 1.5 million people, but that would have taken an estimated 4,000 staff years to resolve. That is the scheme to which the Conservative party committed in its manifesto. Case-by-case comparison for policyholders was not something that we thought was practicable.

Sir John Chadwick has proposed a simpler arrangement. If Government Members are now accepting the fundamentals of Sir John’s approach, they should at least be honest with the ombudsman and, crucially, with the hundreds of members of the Equitable Members Action Group and with this House. Is it not the truth that the parties on the Government Benches knowingly allowed members of EMAG to believe that they were opposed to Sir John Chadwick’s work and that they wanted a far greater sum to be available for compensation? In reality, yet another manifesto commitment is being ignored and yet another group of electors is having to come to terms with the fact that, despite what they were led to believe that Government Members wanted, their Front Benchers now have no commitment to the original pledge and no intention of following it through.