Northern Ireland Protocol Bill

Baroness Altmann Excerpts
Baroness Altmann Portrait Baroness Altmann (Con)
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My Lords, I congratulate the noble Baronesses, Lady Suttie and Lady Ritchie, on their amendment. I associate myself with the remarks about the democratic deficit problems that have arisen in Northern Ireland as a result of Brexit. Many of us in this House have always believed that a hard Brexit was incompatible with the Good Friday agreement. However, the Government assured the people of Northern Ireland and this Parliament that the Northern Ireland protocol was the answer to ensuring that Brexit would work with the Good Friday agreement. It clearly imposed a border between Great Britain and Northern Ireland, as the impact assessment explained. The problems that have arisen do not seem due to the intransigence of the EU; they are inherent in the protocol.

Brexit is yet another example of how, for so long—decades and decades—Britain has imposed things on the people of Northern Ireland and, as the noble Lord, Lord Kerr, said, done things to Northern Ireland, rather than working with the people there. But that is not a reason for our Government, shortly after signing the protocol, to say, “We don’t like it. We don’t like ECJ oversight or the EU deciding what it considers a risk to its single market. We must do that”, and then expecting the EU simply to accept that, in contravention of our signature on an agreement and of what was promised to the people of Northern Ireland.

Clearly, there is an issue. I hope my noble friend can explain how removing ECJ oversight and allowing the UK Government to assess risks to the single market will make hard Brexit work for all of the parties in Northern Ireland, not just the DUP.

Lord Campbell of Pittenweem Portrait Lord Campbell of Pittenweem (LD)
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My Lords, the noble Lord, Lord Dodds, made a powerful—emotional, to some extent—speech last week and it certainly resonated with me. To a large extent, that has been reflected in the contributions so far, acknowledging that things have been done to Northern Ireland. Of course, when we consider what was done to Northern Ireland in relation to this protocol, it is right to remember that the then Prime Minister went to the DUP party conference and assured it that it was “oven ready”. In an aside, he also said, “Don’t worry about the paperwork”. Perhaps the DUP was overconfident in relying upon the word of the former Prime Minister: what has happened since has exploded the idea that what was in the protocol would somehow cover all circumstances.

The noble Lord, Lord Davies of Stamford, referred to the most helpful Library briefing, which says on page 50 that Article 16 is a “safeguard” mechanism. Are we looking for safeguards? Yes, of course we are. It allows either party to take temporary

“measures if the application of the Protocol leads to serious economic, societal or environmental difficulties that are liable to persist”.

On the attitude being taken by the DUP, what better definition can we have than this expression that embraces its concerns—almost exactly and in detail? It goes on to say that the “diversion of trade” is an issue that would justify reference to Article 16.

It seems that Article 16 has been rejected by the Government. I have never really heard a proper argument for why that should be the case. I will put it this way: if Article 16 does not cover what we are about today, when will it ever be of any relevance? This question would give an answer, though perhaps not one that would suit the DUP in every respect. Should Article 16 be invoked, an answer to this question would go a long way to helping those—including me—concerned about anything that might have the effect of undermining the Belfast agreement.

I think we will have a discussion later this week in this House about trade arrangements, so I will repeat a point I made in the last debate: the trade arrangements that were held in front of all our noses were those to be made with the United States. They were going to remedy any difficulties or subtractions that we might experience if we left the European Union. However, nothing much has happened with that. As I said then—I say it again now—we forget the extent to which the politics of the United States, as they affect us domestically in both Houses and across both sides of the aisle, are influenced by their attitudes towards Ireland. It seems that, so long as we have this unresolved issue, the prospects for a trade agreement are pretty remote. For this reason, I ask the DUP why Article 16 is not enough for it, and I ask the Government to give us a coherent explanation of why they are not willing to invoke it. At the very least, by invoking it, we would be able to test it.

Lord Dodds of Duncairn Portrait Lord Dodds of Duncairn (DUP)
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My Lords, it is indeed a great pleasure to follow the noble Lord, Lord Campbell, with whom I had the honour of serving alongside for many years in the NATO Parliamentary Assembly. I understand that he continues to serve there with great distinction, so it is a pleasure to hear what he has to say.

On the issue of Article 16, I say with the greatest of respect: I well remember that, when this was being discussed and advocated by us and others, there was agreement that some of the articles in the Northern Ireland protocol should be suspended. Article 16 was absolutely opposed tooth and nail by the vast bulk of everybody, not just in Northern Ireland on the nationalist side but both here in this House and in the other place. In the last debate, I quoted statements from leading members of what was then Her Majesty’s Opposition, including the Liberal Democrat Benches—as well as others on the Conservative Benches—who were vociferous and vehement in their opposition to any notion of the implementation of Article 16. The Irish Government went so far as to say that it would completely upend the Belfast agreement, which seems to be the chosen form of words when something is proposed that is not liked. I hear with interest what noble Lords are saying now about Article 16, but that certainly was not what was being said a few months ago. Noble Lords should look back in Hansard to what the situation actually was. The reality is that Article 16—whether or not it was invoked—was not going to solve all the problems.

Lord Dodds of Duncairn Portrait Lord Dodds of Duncairn (DUP)
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Other Members have had their say so I am going to proceed in terms of my speech.

The amendment before us from the noble Baronesses, Lady Suttie and Lady Ritchie, has the intent of saying that the Bill’s operative clauses should not proceed unless there is approval from the Northern Ireland Assembly. I note, however, that this is not by cross-community vote. What is fascinating about people who defend and say they are defending the Belfast agreement—as amended by St Andrews, of course—is that they say, “Let’s give a vote to the Northern Ireland Assembly”. Regardless of whether or not it is reserved, the fact is that you are giving a power to the Assembly, and the Assembly in Northern Ireland operates by cross-community vote: there must be a majority of unionists, a majority of nationalists and an overall majority for all major pieces of legislation to pass. If it is subject to a majority vote, it can be turned into a cross-community vote by a petition of concern. Yet, uniquely, the proponents of the Belfast agreement only ever want to give a vote on the protocol issues to the Northern Ireland Assembly without a cross-community vote. So, if we are going to be consistent about defending the Belfast agreement and the institutions thereof, this amendment should include provision for a cross-community vote.

The other big flaw of course is that there is no such requirement for the absolute implementation of the protocol itself. I pointed out that Article 50 of the joint declaration in December 2017, signed by the EU and the United Kingdom Government, said that there could be no regulatory difference between Northern Ireland and the rest of the United Kingdom unless it was by a cross-community vote of the Assembly and the Executive in Northern Ireland. So that is what should be the priority. As my noble friend Lord Browne said, there needs to be a prior step before we go down this route, which is to ask whether the protocol has the assent of the Northern Ireland Assembly on the basis of the Assembly’s decision-making powers, which are by cross-community vote.

It has also been said that the democratic deficit argument is not valid because there are other countries that have no say in laws that govern them. Norway was cited. Of course, Norway is a member of the European Economic Area but is not a member of the customs union, so it does not have EU customs laws applied to it in the way that Northern Ireland has. That is a significant difference. But the other major difference is this: the whole of Norway is a member of the single market. Northern Ireland is separated out from the rest of the United Kingdom, so one part of the United Kingdom is subject to EU laws while the rest goes its own way, making its own laws and being free to make its own decisions. Given that Northern Ireland does more trade with the rest of the United Kingdom than with the rest of the world, Europe and the Republic of Ireland put together, that makes no sense whatever. So it is entirely wrong to suggest, “Oh, well, there’s no difference between Northern Ireland and places like Norway”—there is a world of difference. I am surprised that that has not been noted.

Then we have the argument that it is the Government who have set out the position as to what needs to be done in relation to the protocol and putting it right. They issued a Command Paper in July 2021 and have now published this Bill. A lot of it is good in terms of restoring democratic control over laws that apply to Northern Ireland; it goes some way to rectifying that, although it does not do everything that we would like. Then we are told that if the DUP do not get on board with this—the Government’s proposals—then somehow the rules for power sharing in Northern Ireland should be cast aside. Again, I ask defenders of the Belfast agreement: where are you when people say, “Let’s just do away with the cross-community mechanisms and go for majority voting”? We have not had majority rule in Northern Ireland for over 50 years.

But when people talk about the Assembly not functioning for a large bulk of the period since the Belfast agreement, remember that between 2003 and 2007 it was down because of the actions of Sinn Féin and its military wing, the IRA, in robbing the Northern Bank. The Government rightly insisted that it would have to give up its weaponry before it could be considered fit to have a place in the Government of Northern Ireland. For four years—and between 2017 and 2020, again Sinn Féin kept the Assembly down and boycotted the Executive—would not agree to re-form it—on the issue of language and culture. But, as soon as there is any suggestion that the DUP insists on the democratic rights of people in Northern Ireland to be treated in the same way as other citizens of the United Kingdom, to have their say and vote on laws that affect them, we have the defenders, it appears, of the Belfast agreement saying, “No, let’s jettison all that, let’s change the rules”. Well, I am afraid that really is a recipe for disaster.

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Lord Frost Portrait Lord Frost (Con)
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No other noble Lords have taken interventions, so I will complete my points if I may.

It is a pleasure to follow the noble Lord, Lord Dodds, who made the points I was about to make about Article 16. When I was on the Front Bench here, I repeatedly stated that the conditions for meeting Article 16 had been met but we would prefer to proceed by negotiation. I was looked at as some sort of barbarian by many people in this House, and elsewhere, for daring to contemplate such a possibility. Yet it now seems that it is what many people would wish to do to resolve this situation—the natural way of doing so. I am very glad that is the view, but I am afraid that my view is that the situation on the ground in Northern Ireland has gone beyond that and Article 16 will not be the best way to resolve that.

Baroness Altmann Portrait Baroness Altmann (Con)
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I thank my noble friend for giving way. The view that I think many around the Committee hold is that the triggering of Article 16 was something that we did feel would be premature and we had all expected that there would be negotiations with the EU. However, the opposition to triggering that stage never envisaged that something like this Bill could be introduced which would rip up the whole protocol before negotiations had even been completed.

Shortage of Workers

Baroness Altmann Excerpts
Wednesday 6th July 2022

(4 years, 2 months ago)

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Baroness Stedman-Scott Portrait Baroness Stedman-Scott (Con)
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I will leave that to my noble friend to make the suggestion.

The SAWs visa scheme makes sure that people can have a visa if employers promise to pay them over £20,000. I am pleased about that, because then the “cheap labour” heading goes. One swallow does not make a summer, but today I spoke to one of the biggest fruit providers in Kent and it has managed quite well in getting in seasonal workers. If you pay and treat them well, and give them good accommodation, it seems they will come.

Lord Lilley Portrait Lord Lilley (Con)
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My Lords, does the Minister accept that a general shortage of labour is a symptom of excess demand? You cannot assuage that by importing labour from abroad for the simple reason that workers not only produce but consume goods and services. The extra demand they create exactly equals the extra demand they assuage.

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Altmann!

Baroness Altmann Portrait Baroness Altmann (Con)
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Thank you, my Lords. I commend the Government on protecting jobs and preserving high employment levels, but I put in a plea regarding the immigration situation. Health and care workers are put into the same bracket when we talk about special visas, but the majority of care workers—more than 90%—earn less than the £20,000 limit. Would it be possible to have a special channel for overseas care workers in the current emergency situation where so many vulnerable and elderly people are left without care and homes are having to close?

Baroness Stedman-Scott Portrait Baroness Stedman-Scott (Con)
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We are working with the DHSC and the DfE to promote opportunities and routeways into adult care. We are using our sector-based work academies to get people skilled, but the health and care visa is available to qualified professionals looking for work in the sector as long as they meet the minimum eligibility criteria, which includes a salary minimum of £20,000.

Gender Pensions Gap

Baroness Altmann Excerpts
Monday 27th June 2022

(4 years, 2 months ago)

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Baroness Stedman-Scott Portrait Baroness Stedman-Scott (Con)
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Carer’s credit is a national insurance credit available to people who provide care for one or more individuals for at least 20 hours a week. It can help individuals gain qualifying years that count towards the new state pension. Under new state pension reforms, carer’s credit has equal value to that of someone who pays national insurance contributions. In addition to carer’s credit, as I have already said, there is a wide range of other national insurance credits available to help people maximise their state pension entitlement.

Baroness Altmann Portrait Baroness Altmann (Con)
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My Lords, does my noble friend agree that there is a particular problem in this area with the situation for women on divorce? Although the Government have introduced pension sharing orders for divorce, do they have a figure for how many or what proportion of divorcing couples actually share the pension? Many men will say to their partner, “Oh, my pension is not worth terribly much”; it is then ignored and solicitors do not always get involved or advise women. Will my noble friend join me in commending the MoneyHelper service, Pension Wise, which has just established a helpline for women on divorce and encourage take-up?

Baroness Stedman-Scott Portrait Baroness Stedman-Scott (Con)
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Pension sharing on divorce is an option that can help women when their marriage or civil partnership breaks down. It enables part or all of a person’s pension to be transferred from the former spouse as part of a settlement. This can help couples divide what might be one of their largest assets. I fully take on board my noble friend’s point about the extra effort to make sure that women—and, indeed, men—know about the helpline. To ensure that divorcing couples are aware of that option, the Government are looking to improve signposting to information about pension sharing on divorce when implementing the reforms to divorce law.

Cost of Living: Pensioners

Baroness Altmann Excerpts
Thursday 26th May 2022

(4 years, 3 months ago)

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Baroness Stedman-Scott Portrait Baroness Stedman-Scott (Con)
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The noble Lord understands that I cannot make that commitment. We understand that people are struggling—we really do—with rising prices of energy and other things. The Chancellor is clear that, as the situation evolves, so will our response, with the most vulnerable being his number one priority. He will set out more details today. All noble Lords and I will have to wait to hear what he says.

Baroness Altmann Portrait Baroness Altmann (Con)
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My Lords, what are the Government doing to help pensioners with the cost of living crisis? This is an emergency. Age UK has just released the report It Doesn’t Add Up, which quotes single pensioners who are

“anxious and depressed. I only shower once a fortnight and use the oven once a week. I do not know what else I can do”.

There is more the Government can do. I know my noble friend cares deeply about this issue; would she urge the Treasury to look at issues such as reducing the standing charge that single pensioners pay, increasing the value of the warm homes discount, which after 10 years is still just £140, and perhaps increasing pension credit, by £20 a week, for this emergency situation?

Baroness Stedman-Scott Portrait Baroness Stedman-Scott (Con)
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I thank my noble friend for making those points. I have no desire to wind up noble Lords, but please can we wait and listen to what the Chancellor says? Perhaps then we can speak again about your question.

Senior Citizens: Means-tested Benefits

Baroness Altmann Excerpts
Monday 23rd May 2022

(4 years, 3 months ago)

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Baroness Stedman-Scott Portrait Baroness Stedman-Scott (Con)
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I thank the noble Baroness for that contribution and suggestion. As I said, it is important that we do everything we can. I cannot commit to a dedicated support service but, as I have done on many occasions, I will take it back to the Minister for Pensions and will write to the noble Baroness in due course.

Baroness Altmann Portrait Baroness Altmann (Con)
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My Lords, it is of course important that people entitled to pension credit get it, but what are the Government doing to help the poorest pensioners? The winter fuel payment is lower than it was in 2009 and cold weather payments and warm home discounts have not increased for over 10 years. Given that in the pandemic the Government considered that a £20 a week addition to universal credit was needed, perhaps current emergency situations require consideration of similar measures for the state pension, or at least pension credit.

Baroness Stedman-Scott Portrait Baroness Stedman-Scott (Con)
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I reiterate what the Prime Minister has said: no option is off the table. We will do what we can but noble Lords will have to wait a little longer for those announcements to be made.

Social Security System

Baroness Altmann Excerpts
Tuesday 22nd March 2022

(4 years, 5 months ago)

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Baroness Stedman-Scott Portrait Baroness Stedman-Scott (Con)
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I must pay tribute to the community organisation to which the noble Lord refers and many others with which noble Lords will have contact. We are aware of the work that food banks and other such organisations do. Our best way to help people through these difficulties is to get them into work, where they can, and to ensure that they earn enough to survive.

Baroness Altmann Portrait Baroness Altmann (Con)
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My Lords, my noble friend may not be surprised when I ask whether there is any update on the issue of pensioner poverty and increasing the take-up of pension credit, to which so many pensioners are entitled but do not receive.

Baroness Stedman-Scott Portrait Baroness Stedman-Scott (Con)
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I am not in the least surprised that my noble friend raises this issue. I commend her, and I was rather hoping that the noble Lord, Lord Foulkes, would be in his seat if this issue was mentioned. At DWP Oral Questions in the other place this week, my Secretary of State made some very good pronouncements about pension credit and our plans for a campaign to get take-up increased, which we will do. I am going to hold an all-Peers briefing on pension credit to bring all noble Lords up to date with the excellent work the department is doing.

Women: Cost of Living

Baroness Altmann Excerpts
Thursday 10th March 2022

(4 years, 6 months ago)

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Baroness Stedman-Scott Portrait Baroness Stedman-Scott (Con)
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I am not aware that the information the noble Baroness suggests we should have is there. She makes a good point, and again, I shall go back, talk to my colleagues and try to get that information.

Baroness Altmann Portrait Baroness Altmann (Con)
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My Lords, many single women are older—including mothers—and in poorer health, and they are also at greater risk of long-term unemployment. What are the Government doing to address that issue?

Baroness Stedman-Scott Portrait Baroness Stedman-Scott (Con)
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The Government are doing an awful lot in this area. Despite the unacceptable rise in the cost of living and all the impacts on people, we are working morning, noon and night to get people back to work—into a job, a better job and a career, so that they can be self-sufficient. The Restart programme really helps them to do that. It is intensive tailored support, which I am sure will have great benefits for some people.

Older Workers: Job Market Opportunities

Baroness Altmann Excerpts
Thursday 3rd March 2022

(4 years, 6 months ago)

Grand Committee
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Asked by
Baroness Altmann Portrait Baroness Altmann
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To ask Her Majesty’s Government what steps they are taking to ensure that older workers can secure new opportunities in the jobs market.

Baroness Altmann Portrait Baroness Altmann (Con)
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My Lords, I first thank the House of Lords Library staff for their excellent help with the background statistics for this debate. I also thank the Centre for Ageing Better for its helpful briefings. I declare my interest as a board adviser to the not-for profit community interest company Bravestarts, which is already helping many older people to find ways to return to work in later life. I am also an adviser to the International Longevity Centre. I also thank all noble Lords who have attended this short debate today.

For many decades now, average life expectancy has been rising and people have had longer periods in retirement. Recognising the dangers that this would pose to future public finances and growth in a rapidly ageing population, Governments have pursued policies of increasing state pension ages, abolishing mandatory retirement ages and encouraging longer working lives. Indeed, this House is a live example of the value added by the experience, maturity and energy of older people who are still working. Older workers bring valuable talent, skill sets, patience and wisdom, which are often lost when recruitment focuses only on the young.

The ideal scenario for many, as they enter their 60s and even 70s, may be to reduce working hours from full-time to part-time, which is why the trends towards more flexible employment are most welcome. They will allow people to build extra income both now and in the future, as well as boosting their pensions and overall economic growth.

The employment rate for over-50s and over-60s, especially women, had been steadily increasing, boosting the economy. The National Institute of Economic and Social Research showed that people retiring just one year later than previously can add one percentage point to economic growth each year. However, if more older people pull out of employment altogether, this source of economic growth disappears, the economic activity will remain permanently lower and the pension savings of those who are no longer working will be unable to last as long.

This is why there is a concern that, since the pandemic started—since December 2019—the indications are that the employment rate for those aged between 50 and 64 fell from 72.7% to just 70.9%, reversing a well-established long-term trend. Indeed, I argue that the jobs statistics released recently suggest that perhaps the single biggest challenge in the labour market at the moment is how we help older people to stay in or return to work. Despite record numbers of job vacancies—1.3 million—and with labour supply currently lagging behind demand, 600,000 fewer people are in work now than two years ago, and economic inactivity has risen in the past months, largely driven by the over-50 age group, particularly women.

The largest proportion of the economically inactive are the older women who are less likely to have private pensions or have much less private pension. That indicates that the pandemic may be having more worrying knock-on impacts than perhaps have yet been factored into economic forecasts, if it has reduced the ability and perhaps desire of people over 50 to stay in work and may have increased health inequalities in the population, which were already stark, with a 20-year differential in healthy life expectancy across the country. The employment gap for older workers relative to the average in the population and the disability employment gap have both widened. Once again, those trends of concern are reversing the positive gains seen up to 2020. It will be important to see whether those trends will reverse after Covid. I certainly hope so.

I commend the Government on their October 2020 Plan for Jobs programmes offering financial incentives for employers who are considering hiring new staff. I welcome the Restart scheme and the October 2021 expansion of support packages, with the lifetime skills guarantee, the national skills fund, skills bootcamps for adults and the over-50s champions in jobcentres.

We are seeing a potential that needs to be carefully observed by the Government. In our ageing population, commitments to encouraging longer working lives are important for long-term economic growth as well as individual well-being. The coalition Government asked me to be their older workers’ business champion. The plight and needs of the over-50s in employment or wishing to return to work were made clear in my report, A New Vision for Older Workers, with recommendations based around helping employers and individuals with what I called the three Rs: retain, retrain and recruit, which are all the essential ingredients of a successful strategy for increasing jobs, labour force participation and opportunities for the over-50s in the labour market.

Indeed, as work becomes physically less demanding, having the opportunity for people to enjoy working in later life is important. I know that it is also important to my noble friend the Minister and her department. I ask her to take back to her department the need for published evaluation and evidence on the effectiveness of schemes that have commendably been introduced and specifically designed to help the over-50s back into work. What works best? Is her department working on any detailed research projects, perhaps in collaboration with a university or the excellent departmental officials, to understand the interventions that can best assist in retraining, retaining and recruiting older staff who might otherwise be at risk of leaving the workforce?

Might the Government consider incentives for employers to create specific programmes to ensure that older people are seriously considered rather than overlooked when it comes to in-work training? Many older people are willing to accept lower pay in order to participate in training programmes or programmes to help them change career but find that they are not widely available for older applicants. With a number of employers, I organised schemes for older apprenticeships, but older people often did not seem to believe that they should apply because “apprenticeship” relates, in their minds, to younger people. Might the Government consider the same kind of principle but maybe calling such schemes “career changer” incentives or “new career” programmes, to ensure that employers are encouraged to offer opportunities for training to new recruits at older ages? Individuals may be more likely to apply.

I also hope that my noble friend will consider whether companies might be required to report on what they are doing to ensure they are providing an age-friendly environment at work, one that offers the flexibility for part-time, but also includes in retraining those of all ages and career stages, fairer consideration of older applicants when recruiting and proper age audits as part of their diversity, training and recruitment strategies.

Making older workers feel valued is really important for all our futures. In the context of pensions, I have concerns about people pulling out of the labour market early. Are they just using their private pensions to bridge themselves from age 55 to 65, until their state pension starts, but have nothing left later? Will my noble friend encourage the Treasury to monitor and conduct research into what is happening when people are taking money out of their pensions? Making workers feel valued is important. Benefiting from the wisdom that comes with age and being part of a successful workforce can help with our Covid rebuilding programme.

State Pension Underpayments and Arrears for Women

Baroness Altmann Excerpts
Monday 21st February 2022

(4 years, 6 months ago)

Lords Chamber
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Asked by
Baroness Altmann Portrait Baroness Altmann
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To ask Her Majesty’s Government what progress they have made in correcting State Pension underpayments and arrears for women; what is their latest estimate of (1) the number of women who have had their State Pension increased so far, and (2) the proportion of the total affected by underpayments that this represents; and what steps they are taking to ensure such errors do not occur again.

Baroness Stedman-Scott Portrait The Parliamentary Under-Secretary of State, Foreign, Commonwealth and Development Office and Department for Work and Pensions (Baroness Stedman-Scott) (Con)
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Between 11 January 2021 and 30 September 2021, 38,507 cases were reviewed, 9,491 underpayments identified and arrears of £60.7 million made. We cannot break this down by gender. A further update will be published around the time of the next fiscal event. The department has undertaken steps to prevent future error, including changes to the checking approach, additional learning for staff and, as a failsafe, regularly running a scan to pick up any cases that may have been missed.

Baroness Altmann Portrait Baroness Altmann (Con)
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I thank my noble friend for her helpful response and for her department’s work. I have two questions: please could she explain why interest is not being added to back payments, as it was earlier for women whose underpayments were corrected after these official errors? Also importantly, I understand that the poorest women are at risk of losing benefits or social care funding when an arrears lump sum exceeds, for example, the £23,250 social care capital disregard. Most of these pensioners probably needed higher pensions and would also almost certainly have spent the money in past years but now risk the arrears being taken back in care fees straight after finally receiving the money. Will the Government consider introducing regulations—as happened after the Manchester bombing—requiring local authorities, to disregard these specific state pension back payments, not future higher pensions, from financial assessments for social care funding or means testing?

Baroness Stedman-Scott Portrait Baroness Stedman-Scott (Con)
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Consistent with other large-scale LEAP exercises, special payments under the DWP discretionary scheme are not routinely made to those who have been underpaid state pension. However, under exceptional circumstances, such as where severe distress has been caused by the way an individual case has been handled, a case may be referred for consideration of a special payment.

On the point that my noble friend raises on social care and the impact of back payments, where a local authority charges a person for their care and support, regulations set limits below which a person’s income and capital must not be reduced by changes. Local authorities may take most of the benefits people receive into account unless it is specifically required to be disregarded by regulations. The responsibility for interpreting and applying the regulations and guidance tests rests with local authorities. I will take the point about legislation back to the department and write to my noble friend.

State Pension Age

Baroness Altmann Excerpts
Tuesday 18th January 2022

(4 years, 7 months ago)

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Baroness Stedman-Scott Portrait Baroness Stedman-Scott (Con)
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I hope that, during the review, the devolved Administrations will be consulted. I will certainly go back to the department and speak to the Secretary of State to make sure that that is included in the review. The review will then report, and the noble Baroness will get the answers that she is looking for.

Baroness Altmann Portrait Baroness Altmann (Con)
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My Lords, I am delighted that my noble friend Lady Neville-Rolfe will be leading an independent inquiry. Can my noble friend the Minister assure the House that some flexibility in state pension age will be considered for those who are not healthy and wealthy enough to wait for the ever-rising state pension age? With a significant, 20-year difference in healthy life expectancy across the country, perhaps very long national insurance records might be considered for early access to the state pension.

Baroness Stedman-Scott Portrait Baroness Stedman-Scott (Con)
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As I have said many times, I cannot give any guarantees, but I am absolutely sure that the points my noble friend raises about flexibility and age will be included in the review. I urge her to take part in that consultation.