Draft Pension Fund Clearing Obligation Exemption (Amendment) Regulations 2025

Mark Garnier Excerpts

Wednesday 14th May 2025 General Committees

[Mark Garnier (Wyre Forest) (Con)]

Yet again, we are in glorious agreement on both sides of Committee Room 9, which is rather fun. The Opposition absolutely agree with the draft regulations; as the Minister rightly says, the work was started under the last Government, and it is important that we continue to support it. However, we recognise the critical role that central clearing plays in safeguarding financial security.

The Pensions and Lifetime Savings Association, which represents schemes with more than £1.3 trillion in assets, acknowledges that there are benefits: clearing reduces counterparty risk, increases transparency and, in normal times, helps to protect members’ savings. However, the evidence from the sector and, importantly, the experience of the liability-driven investment crisis in 2022 show that mandatory clearing presents a real challenge for pension funds. Most UK schemes do not hold large cash reserves, nor should they: the money should be invested for long-term returns for their pensioners.

The need to raise cash quickly to meet central counterparty margin calls can force schemes to sell assets at precisely the wrong moment, undermining members’ returns and potentially undermining market stability. The LDI crisis in 2022 made things pretty clear; I remind hon. Members that the then Chancellor of the Exchequer and Prime Minister were sacked for creating that chaos. [Interruption.] It’s a fact of life.

In the consultation undertaken by the previous Government, many stakeholders argued that a permanent exemption is the only way to provide certainty and avoid undermining the Government’s own ambitions in the Mansion House reforms. If the exemption were removed, schemes would be forced to hold more liquid, low-return assets, including cash, which would reduce the capital available for long-term investment in the economy. I am therefore delighted to support the draft regulations, but I have a couple of questions.

First, on divergence from the European Union, the UK has opted for an indefinite exemption period, whereas the EU has allowed it to lapse, so clearing is now in place there, as it is in the US. Respondents to the call for evidence highlighted structural differences between the UK and the EU and US markets. Have the Government looked at the effect that that divergence might have on the competitiveness of the UK pension industry and on the relative stability of markets?

My second question is about the long-term intentions as to mandatory clearing. I completely understand that the motivation behind the change is to remove the two-yearly uncertainty. However, the draft regulations provide for a permanent exemption, rather than ruling out clearing in permanency. The difference is a very subtle one, but have the Government considered ruling it out rather than having a permanent exemption? As we are looking at stability for pension funds, I would be interested to hear the Government’s point of view. However, the Opposition certainly do not seek to divide the Committee on this very good policy, which was initiated by the previous Government in one of their more glorious moments.