Pension Schemes Bill

Helen Whately Excerpts

Monday 27th April 2026 Commons Chamber

[Madam Deputy Speaker]

I call the shadow Secretary of State.

[Helen Whately (Faversham and Mid Kent) (Con)]

First, may I thank the hon. Gentleman for opening this evening’s debate, and for setting out the latest Government amendments, in place of the Pensions Minister? These ping-pong sessions with the hon. Member for Swansea West (Torsten Bell) have become a regular in my diary, and I will miss him this evening.

When this Bill was introduced last summer, we said that much of it was a sensible step forward that built on the work of the previous Conservative Government. We stand by that view, but supporting the broad direction of a Bill does not mean unqualified support for its every provision. Throughout its passage, we have challenged the Government on the local government pension scheme, on member communications and on the scale requirements in the Bill, but you will be pleased to know that those debates are behind us, Madam Deputy Speaker.

Today, there is just one issue left: mandation, or, as the Government prefer to call it, the reserve power—a power that sat in clause 40 until the noble Lords once again removed it from the Bill last Wednesday. The Government’s case for this power is straightforward: they want more pension investment in private markets and, by extension, more pension investment in the UK. That was the ambition behind the Mansion House accord, and it is an ambition that we share. We want to see the accord succeed, we want more productive investment, and we want pension capital to work harder for savers, but although the ambition is right, this policy is not. Mandation is the wrong lever to achieve those aims.

As the House has heard from me and my hon. Friend the Member for Wyre Forest (Mark Garnier) at each stage of this Bill, mandation is flawed both in principle and in practice. The Government may call it a reserve power, but everyone knows what it is: a threat hanging over pension schemes if they do not fall into line. The Mansion House accord was a voluntary agreement built on trust, with mutual commitments between industry and the Government. Mandation replaces trust with a threat in law. Why would the pension sector, or in fact any sector, ever try to come together and agree a voluntary pact with the Government again if it is hammered into law a few months later?

Mandation puts in statute a power that, though more limited in its current manifestation, could be put to all manner of uses. It cuts across the fundamental duty of trustees to act in the best interests of savers; instead, that duty is trumped by Government requirements in law. It means that pension savings, or a share of them, will be put to work to serve the interests of the Government, not the interests of the saver who wants their pension to provide them with a decent income in later life. Perhaps most seriously of all, mandation risks undermining public trust in the pension system. That is why the power is not just unnecessary; it is dangerous and has no place in this Bill.

I will now turn to the Government’s latest amendments on mandation that are before us today, which apply to the so-called savers’ interest test. At the moment, if a pension scheme believes that complying with the Government’s mandation power would not be in the members’ interests, it may apply for an exemption, but to secure one, it must show that compliance would cause “material financial detriment” for members. That is an extraordinarily high bar. The Government have heard the concerns raised in this House and the other place, particularly by Lady Bowles, and have now brought forward further amendments.

The Minister told us that the amendments will strengthen the exemption process. Well, they do make it slightly easier for schemes to argue that a mandated investment allocation may damage returns. Instead of having to prove that mandation “would” cause material financial detriment, schemes will now need to show that such detriment is just “likely”—we have gone from “would” to “likely”. Frankly, if the Minister thinks that this one-word change offers a truly robust safeguard, I urge him to think again.

The need for these amendments tells its own story: the Government accept that mandation risks conflicting with the duties that trustees and pension providers owe to savers. If no such conflict existed, there would be no need at all for an exemption process. The right to appeal, enhanced through today’s amendments, demonstrates that Ministers accept that mandation may force schemes away from doing what is in their members’ best interests. Under the amended Bill, schemes must still prove likely financial harm before they are allowed to do what is best for savers. That misunderstands the principle at the heart of fiduciary duty. Trustees should not need state approval to act in the best interests of their members. These amendments just tinker at the margins; they do not fix the flaw in the policy.

I have been talking in somewhat technical terms, but I want to remind the House of the consequences of what we are talking about. If the Government push pension schemes into the wrong investments, those investments underperform and savers end up with weaker returns, who carries the can? Not the Minister, who has stepped in valiantly today, and not the Government, who legislated for this power. It will be pensioners, who will retire with less. Let us remember whose pensions we are talking about here. Who is most likely to suffer if the Government turn out to be a poor asset manager? The millions of workers who contribute via auto-enrolment—people who have never chosen an investment strategy, but who trust pension providers to do the right thing on their behalf.

Those people are not poring over fund fact sheets; they are getting on with work and supporting themselves and their families, hoping that one day they will be able to retire with financial security. This policy asks those savers to place their trust not in pension managers, but in Government Ministers. In doing so, it risks undermining the very trust on which auto-enrolment depends. We can debate whether the level of auto-enrolment is right, but no one challenges whether it is a good thing overall. Yet the Government are putting at risk this success story, around which there has been great political consensus, and the consequences do not stop with pension savers.

What signal does this send to the wider investment community? We hear that major City reforms are to come in the King’s Speech, but will the market really greet those reforms with confidence if this Bill becomes law with mandation in it? Confidence would be created if investors could see that the Government are committed to making the UK a good place to invest in. Mandation sends the opposite message. It tells people that we have a Government who are prepared to go where the UK state does not usually go: to get involved in the allocation of private capital. It tells people that the Government will take a shortcut to getting investment in the UK by forcing pension schemes to do so, rather than fixing the underlying problems. I do not think that the Minister’s colleagues have really thought this through. The easy answer is rarely the right answer.

Where does that leave us? It leaves us at an impasse, with agreement on the diagnosis but profound disagreement on the prescription. We all want more pension investment in the UK, and the Conservatives support moving from a focus on cost to a focus on value. We support removing barriers to the Mansion House accord, but there is no consensus for state compulsion. Pensions belong to the people who earn them, not Ministers. I have yet to find anyone who wants to trust a politician with their hard-earned pension savings, but that is exactly what the Government are trying to force on the country’s savers through this Bill.

Today the Minister finds himself tasked with defending the indefensible, and one provision is preventing an otherwise good Bill from passing. The Government amendments make mandation less bad, but if something is wrong in principle, it does not become right in smaller doses. I leave the Government with one simple message: remove mandation, and the job is done—this Bill will pass.

[Madam Deputy Speaker (Caroline Nokes)]

I call the Liberal Democrat spokesperson.

--- Later in debate ---

[Andrew Western]

I am sorry to disappoint the hon. Gentleman, but that is not going to happen. We have to deal with the collective action problem that we are facing, to ensure that providers can move forward with the commitments that they have made. The power gives them assurance, but we hope that we will never need to use the power. The fact of the matter is that the industry requires that certainty; without it, it will not be able to move forward, given the collective action problem that exists. That point has been accepted by the shadow Secretary of State.

[Helen Whately]

The hon. Gentleman is quoting selectively from a letter that I have written to the industry. We had this exact debate with the Pensions Minister last week. There is an acknowledged and debated collective action problem; on that, there is a level of consensus, but there is no consensus that mandation is the right answer. In fact, there is a consensus in the sector that mandation is the wrong answer. This Bill contains measures that will make a difference, and will go towards fixing this collective action problem, such as the value for money framework. The Mansion House accord was only signed last year, and the Government should give it time to work. We do not need mandation in this Bill.

[Andrew Western]

On the consensus in the industry, I say to the hon. Lady that it wants this Bill done and taken through this House. Tonight’s amendments make the savers’ interest test easier to pass, create a lower threshold for an exemption, and give certainty that the exemption will be granted where the threshold is met, with due regard being paid to the scheme’s assessment. Reasons for any refusal will be set out.

The House has now considered this Bill three times. On each occasion, it has endorsed the Government’s position. We have listened to the concerns raised in the other place, and we have responded with numerous material changes to the primary legislation across three rounds. The power is capped, neutral across asset classes, restricted to a single use, completely sunsetted in 2035 and subject to a savers’ interest test that tonight’s amendments have materially strengthened.

The TUC has said that it is “vital” that this Bill passes. Age UK has said that the measures in this Bill

“will help both today’s and tomorrow’s pensioners”.

The industry wants to get on with implementing these reforms. The Association of British Insurers and its members have said the same. They have welcomed the safeguards that the Government have put in place on the reserve power. It is time to get this Bill passed, and I commend the Government’s position to the House.

Question put.