Pensions (Extension of Automatic Enrolment) (No. 2) Bill

Baroness Sherlock Excerpts

2nd reading
Friday 14th July 2023 Lords Chamber

[Baroness Sherlock (Lab)]

My Lords, I thank the noble Baroness, Lady Altmann, for introducing this Bill and all noble Lords who have spoken. The noble Lord, Lord Palmer, is right: we are a select band. However, we are none the worse for it. It is always interesting, and I learn something every time this particular band gets together, so it is a joy to be back here today.

I am grateful for the briefing we had on this matter and for some excellent paperwork supporting the Bill. As noble Lords have observed, it is a little strange: Private Members’ Bills must come from private Members. On some, however, the Government smile more readily than they do on others, and if they smile readily, the passage can be eased through both Houses. That is what we have today, so I am grateful that the Government have smiled on this one and I look forward to hearing the Minister talk about it at more length shortly.

I start by celebrating auto-enrolment itself as one of the great public policy successes of recent years. As the noble Baroness, Lady Altmann, said, its origins lie in the work of the Pensions Commission set up by the last Labour Government, chaired by the noble Lord, Lord Turner, and on which my noble friend Lady Drake and the late and greatly lamented Sir John Hills served with such distinction. The coalition Government implemented it in 2012, and there has been growth in the number of people saving for a pension as a result. We can all celebrate that. However, it is clear that pensions adequacy remains an issue; noble Lords have raised a variety of questions, from the gender pensions gap to people in multiple jobs to the gig economy—all of which need addressing. While this tiny Bill cannot do that, hopefully the Minister can give us a nod to show us which way the Government are thinking when it comes to addressing these problems.

This Bill would enable the extension of auto-enrolment in two directions. It would amend the Pensions Act 2008 to give powers to the Secretary of State to make regulations to do three simple things: to reduce the lower age limit at which eligible workers must be automatically enrolled or re-enrolled into a pension scheme by their employers; to remove the lower earnings limit—the LEL—from the qualifying earnings band so that contributions are calculated from the first pound earned; and to change the requirements of the annual review of the qualifying earnings band. As we have heard, the Government will have to bring forward a consultation, which I hope they will do soon. I look forward to hearing some tips on when that might happen. They would then have to bring forward regulations. This is only a permissive Bill, but it would enable the Government to fulfil some of the commitments they made in the 2017 review of auto-enrolment to introduce changes in the mid-2020s.

As we have heard, the Bill does not specify a new lower age limit, but the Government have previously committed to reducing the limit from 22 to 18 and the Explanatory Memorandum says that this is the policy intent. Although this is a Private Members’ Bill, the EM was produced by DWP, so presumably that makes it a government policy intent. Just for clarity, though, can the Minister confirm that it is the Government’s intention to reduce the lower age limit to 18? Is it also the Government’s intention to use these powers to remove the LEL from the qualifying earnings band? Maybe that is obvious, but it is always good to have these things on the record. Any indication on timing that the Minister could give us would also be helpful.

If these measures were introduced, while they would not solve all our problems, they would bring significant numbers of people either into the orbit of auto-enrolment or the possibility of employer contributions, including: those who are below the current qualifying age limit of 22; those who earn above the trigger point of £10,000 but are getting employers’ contributions only on earnings above the lower earnings limit who could then get them from the first pound; and those earning below the trigger point but above the LEL who are able to opt in but who, in future, could then get employers’ contributions from the first pound.

The impact assessment did a fine job of using the available data to model what could reasonably be modelled. It played around with likely participation and savings rates in various directions and concluded at para 5.18 that if in force in 2022-23, the combined proposals would increase total pension saving by £2 billion. Of this, £0.9 billion would be paid in employee contributions, £0.8 billion would be paid in employer contributions and £0.2 billion would be paid in income tax relief on employee contributions.

Of course, this is all dependent on assumptions about opt-out rates. Paragraph 8.10 of the impact assessment tells us:

“Between 4 and 5 per cent of employees who are automatically enrolled opt-out”.


It goes on to say that another 5% of employees who are auto-enrolled and start saving

“then make an active decision to stop saving whilst continuing to work”.

Paragraph 8.11 says that

“around 10 per cent of employees who are automatically enrolled either opt-out or actively cease saving in the first year”.

However, much of the participation data behind this was from the ONS’s annual survey of hours and earnings in 2020, which was of course before the cost of living crisis hit. Does either the noble Baroness, Lady Altmann, or the Minister know what work has been done to assess whether this opt-out rate has changed or is likely to change in the current economic climate?

A number of other important questions have been asked by Members from across the House. As my noble friend Lady Drake said, it will be important for the Government to confirm in some detail when and how they will address the net pay issue. I hope that the Minister will be able to give both my noble friend and the House an assurance that the Government have plans to monitor and address any poor practices that might emerge among employers trying to stop young workers benefiting from auto-enrolment in the way this Bill and the Government envisage. I would also be grateful if the Minister could give the House any more information about the way in which the Government are engaging with key stakeholders, in particular employers, trade unions, consumer bodies and especially young people themselves.

Having raised these issues, I want to make it clear that the Opposition fully support this Bill, despite its limitations. My thanks go to all involved, including the noble Baroness, Lady Altmann. I also thank Joshua Osborne, a University of Sheffield student who was on a placement with me last week, for his work in preparing important information on this Bill. I thank all those who have spoken today and carry on supporting the important issue of pensions in our society. I wish the Bill well.