(4 weeks ago)
Commons Chamber
The Parliamentary Under-Secretary of State for Work and Pensions (Torsten Bell)
I recognise the hon. Gentleman’s point, and we need to fund the NHS to stop letting down older generations. Taxes have consequences that affect the whole population, including pensioners. The Chancellor has set out that the level of the personal allowance will remain above the level of the new and the basic state pension—the headline rates—throughout this year. In future years we will ensure that we ease the administrative burden for pensioners who have small amounts of tax due.
Torsten Bell
My hon. Friend and I have discussed this issue on a number of occasions, and she has been an important campaigner for pensioners in her constituency who have been affected by it. Although three quarters of schemes provide some degree of pre-1997 indexation, there is a very real impact on members of schemes that do not—indeed, we have discussed that with local pensioners in south Wales. The surplus reforms that this Government are bringing forward will make it easier for some trustees to negotiate for additional indexation. We launched a consultation on this issue on 10 June, and it runs until 2 September. I will take my hon. Friend’s comments as input for that consultation.
(4 months, 1 week ago)
Commons Chamber
Luke Akehurst
I have had written communications and met with constituents who used to work alongside my hon. Friend’s constituents at Nissan. Sadly, in the case of Nissan and countless others, trustees have proven themselves not to be accountable enough for the decisions that affect those holding pensions. Evidence submitted to the Pensions Ombudsman shows multiple cases in which trustees have not even considered key factors when deciding discretionary increases.
I congratulate my hon. Friend on securing this debate and on clearly laying out the injustice. Does he have concerns, as I do, that the make-up of the trustee boards means that the company is in control? That is either because the trustees are current employees and their promotion will depend on the company or because they have been appointed specifically by the company. Therefore, even where trustees vote unanimously for a rise, as in the case of 3M, it can be blocked by the company. That has happened for successive years with these companies.
Luke Akehurst
I absolutely share that concern. My understanding from the constituent I met is that Nissan’s trustees include a majority of company appointees who outvote the trustees representing the members of the scheme. Key factors have been ignored, from ignoring inflation to overlooking member contributions. For that reason, I believe that statutory intervention is urgently required.
Torsten Bell
I will come in a second to the point that the right hon. Gentleman is making, which is about where power lies in the system.
I thank the Minister for his time in meeting us in Swansea, as well as the time he has spent on this topic here in the House. He mentions the disadvantages of making any sort of blanket legislation, but does he not agree that there are ways we can caveat that, such as applying it when the scheme is in surplus? Does he not recognise that most of these schemes were paying increases until they stopped, either because of financial crisis or because they realised they did not have to? There are options that could be explored. Would he be willing to do that?
Torsten Bell
My hon. Friend has been a powerful campaigner on this issue. I recognise her point about situations where there was a habit of paying discretionary increases in the past. On the question of what we do about it, let me come to the Government’s approach, and then I will perhaps offer two reflections specifically on the points that have been raised on which we might want to continue making progress, even if I cannot satisfy all the demands for instantaneous change today.
So, what are we doing? The reforms introduced in the Pension Schemes Bill will give more trustees of such schemes the flexibility to release surplus. That will help shape the balance of power between trustees and employers when it comes to well-funded schemes. There is not nothing we can do, and the Pension Schemes Bill will make a difference, particularly for the kind of schemes being raised tonight—those which have a surplus today.
The decision to release surplus will remain entirely with the trustees. That will place them in a better position to negotiate benefit improvements as part of any release. It is entirely for trustees, working with the employer, to determine how members may benefit. Let me be really clear: if trustees wish to insist on discretionary pre-1997 indexation as a condition for surplus release, they will be entitled to do so. I expect that many will, given the discussions I have had with them. We are obviously in the early stages of that Bill; it has not passed through Parliament yet. Employers and trustees are thinking through a world where they suddenly find themselves with a surplus, and in many cases are thinking about what that means for the future of their pension scheme. These reforms recognise trustees’ and members’ understandable frustration with the status quo, but also the diverse circumstances of DB schemes.
Let me end with two reflections on the wider contributions that Members have made, particularly my hon. Friend the Member for North Durham, who has brought us here today. First, whatever the scheme rules, there is no excuse for employers not to fully engage with trustees on these decisions and questions, and I have too often heard from members and trustees that employers have not done so. I will take that away to consider what more we can do to make sure there is an open consultation and people are clear about what is going on and how decisions are taken.
Secondly, given the importance of this matter, I recognise that it would be beneficial to develop a clearer understanding of the circumstances, particularly in relation to the issue that has been raised about well-funded schemes are choosing actively not to award discretionary increases, particularly where employer consent is the binding constraint. The Pensions Regulator has been considering how to build its evidence base in this area, and I will talk to it in the weeks and months ahead about what more we can do about that.
I will finish by paying tribute to my hon. Friend and the other right hon. and hon. Members who have participated in this debate, but also to Members who are not here, but have consistently raised this issue with me. In the coming weeks, I will be meeting other Members who have asked me to discuss this with them and their constituents. It is important that we have the chance to discuss these important matters, and I am glad that we have done so.
Question put and agreed to.
(6 months ago)
Commons Chamber
The Parliamentary Under-Secretary of State for Work and Pensions (Torsten Bell)
It has been confirmed that those whose income is only the basic level of the basic state pension or the new state pension will not be required to pay tax next year, because the level of personal allowance has been set above the level of the new state pension. What the Chancellor said at the Budget was that in future years we will make sure that no pensioner will be required to fill in a self-assessment form, or indeed a simple self-assessment form, for any tax that is due because the new state pension level is above that of the personal allowance.
A constituent of mine disclosed full details of her change in circumstances to the Department, but although the Department admitted it was its mistake—it had received that information and had repeatedly failed to update its records—it still sent her a very threatening letter. Although I fully support the need to protect the public purse, would the appropriate Minister agree to meet me to discuss how the Department could improve its updating procedures, reduce the occurrence of overpayments, and treat claimants more considerately when they have received overpayments through no fault of their own?
I would be very happy to meet my hon. Friend for that discussion.
(7 months, 3 weeks ago)
Commons Chamber
Torsten Bell
The hon. Gentleman asks an important question, and I shall come to exactly that issue when I finish discussing the changes within the PPF, because as he rightly notes there are wider indexation questions for solvent pension schemes.
On the PPF itself, this issue has been long running and many campaigners have long campaigned on it. Our changes aim to bring the matter to a conclusion. It is a step change that will make a meaningful difference to over 250,000 members. Over five years, the average PPF compensation will be boosted by £400 a year. Of course, I recognise that this does not go as far as some affected members would have wanted, but this change is real progress and rightly balances the interests of eligible members, levy payers, taxpayers and the Pension Protection Fund’s ability to manage future risk. I hope all hon. Members will support this step forward, and on that basis, that those with related amendments will feel content not to press them today.
New clauses 22 and 24 and amendment 19 concern that issue of discretionary increases or pre-1997 indexation in solvent defined-benefit pension schemes more generally. I put on record that we all recognise the impact of the high inflation in recent years on the value of some pensioners’ retirement income in exactly the way that has just been set out.
I want to be straightforward with the House that we do not support retrospectively changing scheme rules. Neither did previous Conservative or Liberal Democrat Governments, given that contribution levels were set on the basis of the scheme rules at the time they applied. As I have said before, and as I discussed recently with my hon. Friends the Members for Llanelli (Dame Nia Griffith) and for Ayr, Carrick and Cumnock (Elaine Stewart), wider changes in the Pension Schemes Bill relating to surplus release will put trustees in the lead in a way that will help on this issue.
The Minister will understand just how sceptical pensioners are because, quite frankly, they have seen their trustees try to make the companies do the right thing time and again. Will he agree to meet me and trustees from companies such as 3M and Hewlett Packard Enterprise to explain what mechanism he thinks will be available to them that will actually force the companies to give a decent, index-linked rise to their pensioners?
Torsten Bell
Absolutely, is the short answer. I am always very happy to meet my hon. Friend and near constituency neighbour. I will explain how the change may help in that situation, but I am very happy to take that meeting.
The changes give those trustees overseeing schemes without pre-’97 indexation greater leverage in discussions with employers on discretionary increases, should those trustees see fit. I would encourage them to do so.
The other substantial amendments are on the Pension Protection Fund administration levy paid by DB schemes, allowing the Secretary of State to recover the PPF’s administration costs. It also covers the costs of administering the Fraud Compensation Fund. The levy was initially introduced to allow transparency when these administration costs were significant relative to the PPF’s reserves, but this is no longer the case, with the levy standing at around £18.5 million while the PPF manages over £10 billion-worth of reserves. The PPF is now more than able to cover its administration costs, and transparency can be achieved in the normal way through annual reports and accounts. These amendments therefore abolish the levy, simplifying the pension levy landscape.
I will now briefly cover some minor amendments, starting with those on the local government pension scheme. Amendment 22 exempts the Environment Agency, as a national body, from the requirement on other administering authorities to co-operate with strategic authorities on local investment opportunities.
New clause 34 introduces new wording to clause 4, with amendment 23 deleting the existing wording. Rather than stating in this Bill how procurement law affects the LGPS, new clause 34 will instead move the LGPS exemption directly into schedule 2 to the Procurement Act 2023, future-proofing the exemption from future changes to that Act.
Amendment 28 is the central amendment on small pots. It introduces the concept of a destination proposer. This allows for either a single entity or multiple entities to be designated as the proposer of pot transfers. This reflects recent work by the DWP and Pensions UK to consider a federated model as a potential alternative to a centralised data platform for delivering the small pots policy. I want to add that there is no change to the desired policy intent; this is about the mechanism by which we deliver it. We are committed to exploring both models in full.
Amendments 37 to 53, on the scale clauses, are minor in nature. They include clarifying the circumstances in which schemes may count assets held in other schemes towards the scale condition—the requirement to have at least £25 billion-worth of assets under management by 2030—and clarifying when the transition pathway relief will end. On guided retirements, amendment 54 simply removes a redundant interpretation provision. Government amendments 55 to 86 relate to clauses 100 and 107 of the Bill, on the validity of certain alterations to salary-related contracted-out pension schemes—more often referred to as the Virgin Media case.
I rise to speak to my new clause 22. There is a group of pensioners who have worked hard for very prestigious companies, and those companies have grown rich and successful on the back of the work that those pensioners have done. These are companies with good reputations. People think of them as being honourable and successful. Many of us will have a computer with “HP” on it. Companies such as Hewlett Packard Enterprise, 3M and a number of others that have already been mentioned have treated their pensioners very shabbily indeed, because they are refusing to index-link the pensions of former employees that were accrued before 1997. In other words, people who worked hard to help build up the success of those companies have had no increase for as long as 23 years. Just imagine how much less they can buy with that pension now compared with 23 years ago. The cost of living crisis over the past few years has exacerbated their problems, eroding their pensions at a frightening rate. What is absolutely terrifying for many of those pensioners is how on earth they are going to manage in the next few years.
Through new clause 22, we are asking for the index-linking to take place from now on, not retrospectively for all the years when there have been no increases, nice though that would be. This is not about some form of compensation for the past. It is about going forward and trying to future-proof these pensions so that they at least they maintain the value they have now. It would not be a retrospective measure; it is about how we want the companies to behave from now on in respect of their pension funds, just as any other legislation would apply from now on.
When the employees were recruited to these companies, they would have thought, “Oh, this is a good job. It’s a good company and it’s got a pension scheme.” They would have assumed that any pension scheme worth its salt, particularly from a reputable company, would be index-linked. Sadly, however, these companies have found a loophole in the Pensions Act 1995, because it refers to 1997 as the start date for its provisions. In other words, the companies have been able to say that, according to the letter of the law, they do not have to index-link pensions accrued pre-1997, even though it would be in the spirit of the Act to do so. New clause 22 would amend the Pensions Act 1995 by removing references to 6 April 1997 from section 51 of that Act, thereby requiring annual increases to pension payments in line with CPI and RPI to apply to pensionable service both before and after that date.
Why do we need to legislate? We need to do so because efforts by trustees over many years have failed. We have had instances of unanimous votes by trustees for inflation-based rises being rejected by companies. We have had trustees appointed by companies. Essentially, the power structure is such that the company has the final word, no matter how healthy the pension funds are.
A recent newsletter for 3M pensioners said,
“Given that the Scheme’s financial position is very positive, and the funding level exceeds the regulatory expectations for solvency levels… we had hoped that the Company would permit some discretionary increases to affected members. Sadly, the Company did not agree to this and has not changed its position on the matter.”
Time and again, pensioners have been given that type of answer to a very reasonable, rational request.
May I applaud the hon. Lady’s speech? That is exactly what has happened to so many ExxonMobil pensioners in my constituency and beyond.
Indeed, the right hon. Member mentions yet another world-renowned, multinational, household name.
Our Labour Government have just announced that we will change the law to enable the payment of inflation increases on the pre-1997 pensions to Pension Protection Fund and financial assistance scheme members. That is an important principle. If we are doing it for pensioners whose companies have gone bust, we should ensure that successful multinationals like Hewlett Packard Enterprise and 3M pay up for former employees.
Alan Gemmell (Central Ayrshire) (Lab)
Will my hon. Friend allow me to put on the record my thanks to my constituent Patricia Kennedy and the pre-1997 pensions justice campaign for asking for exactly what she suggests? The Minister has taken a brave decision on the Pension Protection Fund pensions, and we should try to do that now for those pre-1997 pensioners.
Indeed. I thank my hon. Friend for mentioning Patricia Kennedy, who has been incredibly hard-working and has really tried to put the facts and figures together.
Let me give the House an example now that I had intended to quote later. The number of companies that have reneged on giving out index-linked pensions is extraordinary. Listen to this list, citing the number of years for which companies have not indexed pensions: Goldman Sachs—10 years; KPMG—15 years; Lloyd’s Register—nine years; Johnson & Johnson—11 years; NCR (Scotland)—11 years; Chevron—13 years, 3M—16 years; Pfizer—16 years; AIG—18 years; American Express—20 years, Atos/Sema—20 years; STMicroelectronics—21 years; Hewlett Packard Enterprise—22 years; and Wood Group—23 years. Given that, we can imagine the loss in value of those pensions now.
Dr Pinkerton
The hon. Lady mentioned Atos. I have several constituents who worked for that company who find themselves in precisely the situation she describes. I thank her for the speech she is making and, on behalf of my constituents, I hope that those on the Front Bench are listening to her suggestions.
As I said, it is an important principle on the PPF; if we are doing it for those pensioners for the companies that have gone bust, we really should be doing it for the successful companies, too.
Peter Swallow
My hon. Friend is being extremely generous in giving way. Effectively—not legally—the Government act as the trustee for the PPF, which is why they have been able to take this decision. Does she agree that if the Government see fit to use their role to increase PPF pensions, trustees of these companies should act just as the Government have done to address this injustice?
The problem is that many of the trustees are trying to get these increases, but the difficulty they are encountering is that the power structure is such that the company has the last word. Sometimes trustees are actually appointed by the company; sometimes it is a unanimous decision that is then rejected by the company, as I mentioned with the 3M trustees. We see time and again the efforts of trustees totally decimated.
I was interested in what the Minister said in his opening speech about the new powers. What we really want from the Front Bench is some support to help these trustees to use the legislation to which the Minister refers—that is, part of this Bill—and to try to make it work.
Torsten Bell
Just reflecting on the excellent speech that my hon. Friend is making, I should add that the Pensions Regulator will be bringing forward guidance to provide exactly that kind of clarity to trustees.
I thank the Minister for that, but it is a matter of action and ensuring that it really happens. We are too used to regulators not having the powers they are supposed to have or not being effective in using them. We need some action, and hopefully the Minister will help us to see how it could be done.
There is a bitter irony that the Pension Protection Fund is funded by a levy on the very same companies that are refusing to index-link their own pensioners’ pensions. We know from lots of evidence that the only way the companies will listen is through legislation. These companies are multinationals, and in countries where there is legislation, they pay up—so they do respond if there is a law.
As I was saying, saying that the trustees have the powers is sadly very far removed from the reality. Trustees of various countries have asked repeatedly for indexation, and before handing over any surplus to the companies, they will be very wary because they do not trust them at all. They will want cast-iron guarantees on indexation.
Let us look at the scale of the problem. Seventy-five per cent of UK defined-benefit schemes already provide pre-1997 indexation. The remaining 25% represents approximately 1.5 million members, including some 734,000 pensioners, with 80% of all pensioners concentrated within just 200 large schemes with strong employers. As we have seen, employer discretion has failed in practice, and many pensioners have had years of zero increases.
New clause 22 would set the statutory principle that there should be indexation. The Government can then design proportionate safeguards—for example, phasing in, exemptions and triggers—in order to protect genuinely weak schemes and to ensure, as the Society of Pension Professionals says, that schemes are not pushed into having to be picked up by the Pension Protection Fund.
We want action on this. We are talking about a small, manageable number of schemes, but we want the trustees really to be given the powers to force those companies to make that indexation. If the Minister is not minded to put this provision into the legislation, as we want, we want to see some concerted action and a genuine way forward. If that proves not to work, there needs to be an opportunity to come back and put this into secondary legislation instead.
I call the Liberal Democrat spokesperson.
(9 months ago)
Commons ChamberI am happy to look at the experience of that particular employer. I enjoyed a recent visit to a different part of south Wales to open an opportunity hub, which is aimed precisely at getting more young people into work, particularly those who have been out of the labour market through long-term sickness issues. We want to support Wales in doing that, and we have allocated an extra £10 million to this work over the coming year.
The Parliamentary Under-Secretary of State for Work and Pensions (Torsten Bell)
I obviously recognise the challenges facing those without inflation protection, particularly after the cost of living pressures of recent years, and I think that recognition is shared by Members on both sides of the House. I met a cross-party group of MPs earlier this year to discuss exactly this issue. Reforms in the Pension Schemes Bill give trustees more flexibility to share surpluses in their DB pension schemes with employers, and to negotiate for members to benefit from any such sharing of surpluses. That could include discretionary increases to address the issue raised by my hon. Friend the Member for Llanelli (Dame Nia Griffith).
As a result of the efforts of pensioner associations, we know that there have been unintended consequences of the Pensions Act 1995, which made it legal to stop payment of indexation to the pre-1997 pensioners of successful multinationals such as 3M and Hewlett Packard Enterprise, who, having been recruited with the promise of index-linked pensions, are now suffering hardship. Their pensions have already been frozen for at least 15 years, despite healthy funds and trustees’ pleas. What will the Minister do to stop this dishonourable practice, so that these companies deliver the financial security that they promised?
Torsten Bell
I absolutely recognise the issue that my hon. Friend has raised: any of us in that situation would want those pension increases to continue. She is aware of the legal background, but I should point out that scheme rules govern when inflation-linked increases can be paid. They are not changed retrospectively, but the Pensions Regulator has spelt out that trustees should consider those who are not receiving inflation-linked increases when making their decisions, and should also consider the history of making such awards—particularly in some of the examples that my hon. Friend has given. As I have said, I think that the provisions in the Pension Scheme Bill give trustees more power to argue for those increases.
(2 years, 4 months ago)
Commons ChamberI can reassure the hon. Lady that we have taken this entire situation extremely seriously. The House will have heard the remarks by the ombudsman’s CEO about the quality of my Department’s engagement with the ombudsman. I have also said that we provided more than 1,000 pages of evidence to the investigation. I have reassured the House that we will carefully consider the findings of the report, will not unduly delay our response, and will engage appropriately with Parliament, exactly as we have done with the ombudsman.
I must first declare my interest as a 1950s woman. The Secretary of State absolutely knows that real hardship was caused for some women in this age group in 2011 when the former Chancellor, George Osborne—backed by Conservative and Lib Dem Members—fast-forwarded the changes. As the ombudsman said, maladministration in the communication of the state pension age resulted in claimants losing opportunities to prepare. Women affected will be very disappointed by the Secretary of State’s statement, especially as the first stage of the ombudsman’s report in 2021 highlighted DWP failings. Can he please be more precise than saying “no undue delay”? In which month can we expect a proper Government response?
(3 years, 7 months ago)
Commons ChamberAs I have just indicated, I will review that in just under a year. There are of course the discretionary housing payments, which are administered by local authorities for those who feel that they need additional support, and I also point the hon. Gentleman in the direction of the significant cost of living payments that we are providing at the moment to support those in most need.
As my hon. Friends have said, the very least the Government must do is to raise the local housing allowance to keep pace with the real rate of rent inflation. The Department has also cut the funding of last resort, namely, that given to the Welsh Government to provide discretionary housing payments—a cut of 18% last year and a whopping 27% this financial year. Will the Secretary of State now commit to reversing that latest cut, so that local councils in Wales can at least offer some help to those in most dire need and avoid further evictions?
I would just say to the hon Lady that there is the household support fund as well, which she did not mention. That is there to provide support in the circumstances that she described, along with the discretionary housing payments that I set out and the fact that, in 2020, we did indeed raise LHA to be in line with the 30th percentile of local rents.
Again, I thank the hon. Gentleman for raising this issue so constructively. He is right to say that I responded to his earlier question in a letter last week. This matter is sitting with the HM Courts and Tribunals Service, which of course relates to the work of the Ministry of Justice and is independent as part of the judiciary. I will take his point away and flag it with Justice Ministers so that they can see whether there is anything that they can do to raise it.
The Secretary of State mentioned the reduction to 25% of the deductions to universal credit to claw back overpayments or advances, but deducting 25% of money that barely covers the essentials is far too much. A report by Lloyds Bank Foundation says that even at 25% the deductions are pushing people into other debt and leaving them without enough to live on. The Secretary of State will also know that the Work and Pensions Committee has recommended pausing debt recovery during the cost of living crisis. Will the Secretary of State now pause that debt collection and, when it resumes, resume it at a lower level?
The hon. Lady will know that the level of 25% she refers to has been decreasing through time; it was 40% not that long ago, then 30% and now it is 25%. It was paused altogether during the pandemic, and the experience then was that debt started to increase among claimants, in many cases in a way that was not helpful to the claimant. It is an important principle that, where people are in debt, we work with them to make sure we get them out of debt through time, but I accept that we need to do that with great care, hence the various elements of the process that I described earlier.
(4 years ago)
Commons ChamberI sincerely hope that the hon. Gentleman joined in on Pension Credit Day of Action on 15 June, because it is incumbent on all Members of Parliament to get behind the efforts of the Government, and successive Governments, to improve pension credit take-up. The fact of the matter is that this Government have done more to increase take-up and the number of claims than any previous Government. There is no doubt whatsoever that we should all get people to apply, with £,3,300-worth of benefits applying for those receiving pension credit.
We estimate that 600,000 people on employment and support allowance will be better off on UC, which is of course a modern, flexible benefit that includes targeted support for disability and which helps to simplify the benefits system, providing support in times of need and making work pay. I can add that the Department holds regular engagement sessions with external stakeholders, including of course disabled people and others in the health and disability sector, seeking their input into the process.
In 2019 the then Secretary of State promised that the Department would pause the migration to UC after a pilot of 10,000 cases, would report back and would provide parliamentary scrutiny of legislation for the wider roll-out. Instead of breaking this promise, does the Minister accept that migration to UC will make thousands of people worse off in real terms just when inflation is going through the roof, and will she now pause the process?
The answer is no, and that is because, first, my right hon. Friend the Secretary of State updated the House through a written ministerial statement only recently in which she explained precisely the point about the prior piloting and exploratory work. Secondly, Parliament voted in 2012 to end legacy benefits and replace them with a single, modern benefit system, and on top of that, committed to providing transitional financial protection. That is the key point in this case: where a claimant may not already be better off—as we have said, in the majority of cases, they are—they are supported.
(10 years ago)
Commons ChamberI recently met the leaders of the Women Against State Pension Inequality campaign, and I have met many members of the campaign in my constituency, so I am very well aware of all the details and facts. As the hon. Gentleman knows, there have also been a huge number of debates about the subject in the Chamber in recent weeks.
Given the imminent takeover by the new Prime Minister, who herself falls into the category of women affected by the pension changes, would this not be the ideal moment to look again at the various proposals that have been advanced for much fairer transitional arrangements—such as the one from Mariana Robinson of Wales—for all the women who do not have a prime ministerial salary to fall back on?
(11 years ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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The hon. Gentleman has raised the tragic case of his constituent, but he has also raised the need to resolve this matter by publishing data, which is exactly what the Government will be doing.
This sorry story underlines the immense importance of the role of the Information Commissioner. Can the Minister give us an absolute assurance that, notwithstanding what is in the review, she will not make her Department take any action or demand any changes that restrict the availability of information and data?
Not only will we publish the data, but we will publish all aspects of the data that we have been asked to publish.