Occupational Pension Schemes (Administration, Investment, Charges and Governance) (Amendment) Regulations 2021

Baroness Stedman-Scott Excerpts

Monday 6th September 2021 Grand Committee

Moved by

[Baroness Stedman-Scott]

That the Grand Committee do consider the Occupational Pension Schemes (Administration, Investment, Charges and Governance) (Amendment) Regulations 2021.

[The Parliamentary Under-Secretary of State, Department for Work and Pensions (Baroness Stedman-Scott) (Con)]

My Lords, I am pleased to introduce this instrument, which was laid before this House on 21 June. Subject to approval, these regulations will continue the Government’s reform of occupational defined contribution—DC—pension schemes and prepare them for the opportunities that lie ahead.

With more than 10 million workers now saving for retirement in an occupational pension thanks to the success of automatic enrolment, we want these savers to achieve the best possible outcome in retirement. These regulations put improved member outcomes at the centre of the defined contribution occupational pensions market in the UK and ensure that the best interests of pension savers are driving the administration, governance and investment strategies of schemes.

By introducing a new “value for members” assessment for schemes with less than £100 million in assets and which have been operating for at least three years, we will ensure that members are not languishing in poorly governed and under-performing schemes. By requiring the trustees of certain occupational DC schemes to publish information on the performance of their investments for the first time, we will ensure that competition on overall member value replaces a narrow focus on cost.

By allowing occupational DC schemes to smooth performance fees over a multi-year period within the charge cap, we will make it easier for trustees of such schemes to pay higher fees for products where they have evidence that this will provide greater returns to members.

The Government are committed to building on the success of automatic enrolment with a consolidated, innovative, member-focused market for saving in occupational DC pension schemes. These regulations take significant action to this end. I am satisfied that the Occupational Pension Schemes (Administration, Investment, Charges and Governance) (Amendment) Regulations 2021 are compatible with the European Convention on Human Rights.

Occupational defined contribution schemes, or DC schemes, are the future of occupational pension saving. The Government are committed to ensuring that the DC market in this country can continue to grow and deliver the best possible outcomes for the millions of workers now saving in a DC scheme. These regulations take forward several measures which amend a number of existing sets of regulations. The first of these, which is made by Regulation 2 of this instrument, is the introduction of a new “value for members” assessment for occupational DC schemes with less than £100 million in assets. While there is currently more than £100 billion of pension savings in occupational DC schemes, this is split among more than 3,000 schemes. This system risks inefficiency and creating inequality. For example, some people, as a result of the scheme their employer chose, possibly years ago, may be getting a lower return on their savings, paying higher charges or having a worse customer experience, therefore limiting their engagement with their pension and outcomes in retirement. We aim to change this.

That is why this instrument amends the Occupational Pension Schemes (Scheme Administration) Regulations 1996 to require trustees of relevant schemes, a term which covers most occupational DC schemes, with less than £100 million in assets and which have been in existence for at least three years to conduct an annual assessment of the value that the scheme offers to its members. The regulations specify the criteria that must form part of this assessment. They include the quality of the scheme’s record-keeping, the promptness and accuracy of administration and the extent to which existing requirements in the Pensions Act 2004 concerning trustees’ knowledge and understanding are being met.

However, the most important aspect of this assessment is the comparison between the scheme’s net investment returns, ie the performance of its investments less costs and charges, relative to three larger schemes. Larger schemes are likely to be better governed and to achieve greater investment returns than a smaller scheme with limited expertise, capacity and budget. We expect that the majority of schemes will not perform favourably in this test.

Regulation 3 of this instrument requires schemes to report to the Pensions Regulator the outcome of this “value for members” assessment. If schemes in scope determine that they do not offer value for members, Regulation 3 of the Register of Occupational and Personal Pension Schemes Regulations is amended by these regulations to require such schemes to inform the Pensions Regulator of whether they intend to wind up the scheme or to explain the reasons for not doing so and the immediate improvements that will be put in place. These measures will encourage a quicker pace of consolidation in the occupational DC pension schemes market and help members who are stuck in schemes that are delivering sub-optimal retirement outcomes for them. Scheme consolidation is a priority for DWP so that members are able to benefit from the economies of scale and access to a diverse range of asset classes that larger schemes bring.

The other measures in this instrument aim to broaden the range of asset classes available to occupational DC schemes. At present, occupational DC schemes are primarily invested in traditional assets such as listed equities and bonds. Only a small number of the largest schemes are accessing so-called illiquid assets, such as infrastructure, property, private credit and private equity. These illiquid assets have the potential both to diversify an investment portfolio and deliver greater returns. As a result, Regulation 2 of this instrument amends Regulation 23 of the Occupational Pension Schemes (Scheme Administration) Regulations 1996 to require occupational DC schemes to report, for the first time, the return on investments after deduction of any charges or transaction costs, known as net investment returns. We believe that members deserve to know how their investments are performing and how they fare relative to other schemes.

This will also catalyse competition between pension providers not just on cost but on overall value. Employers, consultants and members should be able to assess a scheme based on this metric, and competition should incentivise trustees of occupational DC schemes to explore illiquid assets and other innovative investment strategies. This is essential given that net investment returns have a much greater effect on retirement outcomes than whether a scheme charges its members 0.3% or 0.4%.

Both these measures, the new “value for members” assessment and net investment returns reporting, have been introduced alongside statutory guidance entitled Completing the Annual Value for Members Assessment and Reporting of Net Investment Returns, which will help trustees of schemes that are in scope to meet these requirements.

Finally, this instrument makes additional changes to regulations to improve governance of occupational DC schemes. All occupational pension schemes will be required to report on the total assets of the scheme annually to the Pensions Regulator at the scheme year end.

The changes to regulations in this instrument will also require schemes to produce costs and charges illustrations for all funds and not just those currently available. They will exempt wholly insured schemes from some governance requirements and ensure that occupational DC schemes “with a promise”—a small number of schemes that contain a commitment to members—report on their statement of investment principles to those members.

In conclusion, the measures in this instrument offer opportunities to improve member outcomes and help prepare the occupational pensions market for the challenges that lie ahead. I therefore commend the instrument to the Committee and beg to move.

[Baroness Janke (LD)]

My Lords, we certainly agree with the policy aims and mechanisms of this instrument and endorse the Government’s actions to make sure that

“members do not languish in sub-optimal arrangements that do not meet governance requirements and are unable to take full use of investment opportunities, to the benefit of the end saver’s eventual retirement outcome”,

as the Explanatory Memorandum states.

As the Minister has said, paragraph 7.6 of the Explanatory Memorandum explains that Regulation 2 requires that schemes holding assets worth less than £100 million and which have been operating for three or more years are to compare charges, transaction costs and the return on investments with three other schemes. We are not clear how those schemes are to be selected and who is to select them. Is it the trustees, for example? Are there selection criteria other than that they have assets of more than £100 million and are personal pension schemes? If it is not the trustees, who selects the comparator schemes?

Paragraph 7.8 states:

“Where the trustees have reported that the scheme does not provide good value for members, they are also required to report whether they propose to wind up the scheme and transfer the members’ rights into another scheme or explain to TPR why … not … and what improvements they are planning to make.”


What happens if these improvements are not acceptable to the Pensions Regulator and what powers does the regulator have based on compliance or non-compliance with Regulation 3?

We would probably all agree that it is a good idea to encourage smaller funds to transfer rights or improve if Regulation 2 comparisons show poor performance, but what about larger funds? Should there not be a requirement for them to undertake the same comparisons and take the same actions if their schemes show poor value for money for their members? It is easy to see why small funds should be encouraged in this way but hard to see why larger firms are not similarly encouraged. I would welcome the Minister’s clarification on these points.

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These regulations, which we are debating at the back end of the first day back in a wholly physical Parliament, are part of a government trajectory which could have a significant effect on the pensions landscape in the UK. We need some solid answers, and I look forward to hearing them.

[Baroness Stedman-Scott (Con)]

I thank everybody who has taken part in this interesting debate for their contributions. I shall take some of the points that noble Lords have raised and will deal with them as they come.

I thank the noble Baroness, Lady Janke, for her positive endorsement of the regulations. The noble Baroness and the noble Lord, Lord Davies, asked how the schemes are to be selected. We would expect trustees to choose the scheme to compare their scheme to, and master trusts are likely to be the best schemes to compare against.

The noble Baronesses, Lady Janke and Lady Sherlock, asked about the Government’s plans for future DC consolidation. The Government have been very open that consolidation is key to the future of the defined contribution pension market and that the pace of consolidation must increase. Consolidation will improve governance and enable more occupational DC schemes to reach the critical mass needed to access a broader range of investments and drive down costs through economies of scale. In September 2020, DWP consulted on new regulations to require trustees of occupational DC schemes with less than £100 million in assets to justify their continued existence via a new “value for members” assessment, and this will come into force this autumn. This was phase 1, and now we turn to phase 2, which will look to drive consolidation further and faster.

The noble Baronesses, Lady Drake and Lady Sherlock, both raised a question about the call for evidence, which was launched on 21 June, being far too ambitious. We know from other countries such as Australia that scale is among the biggest drivers in achieving value for money for savers and ultimately better retirement outcomes. It is therefore important that we move quickly, and I echo the commitment made by the Minister for Pensions. However, we recognise concerns about the pace of change. That is why we have developed a phased approach, starting with occupational DC schemes with less than £100 million in assets. The call for evidence closed in July. We are currently considering the responses received and will issue a response in due course. We are exploring options for consolidation, and, as the Minister for Pensions said, this is likely to include all schemes, including master trusts.

The noble Baroness, Lady Drake, made the point that the PM and the Chancellor are calling for an “investment big bang” and that these measures could wrongly force schemes to invest in illiquid assets. The Government do not wish to direct the investments of trustees of pension schemes. Trustees must invest in line with their fiduciary duty—that is, in the best financial interest of their beneficiaries. Instead, we are seeking to remove barriers to investments in illiquid assets. The provisions in this instrument have received support from the pensions industry.

The noble Baroness, Lady Drake, raised the point that the Government believe that high charges are fair. We want to ensure that net returns are considered, which balances cost against performance. Low-charging investments can deliver value for money, but cost should not be the only factor.

[The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)]

My Lords, there is a Division in the House. The Committee will adjourn for 10 minutes.

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[Baroness Stedman-Scott (Con)]

The noble Baroness, Lady Drake, referred to the PM and the Chancellor calling for an “investment big bang” and said that these measures wrongly force schemes to invest in illiquid assets. The Government do not wish to direct trustees of pension scheme investments. Trustees must invest in line with their fiduciary duty; that is, in the best financial interest of their beneficiaries. Instead, we are seeking to remove barriers to investments in illiquid assets. The provisions in this instrument have received support from the pensions industry.

The noble Lord, Lord Davies, talked about default schemes. He is correct that almost all members save into the default arrangement. Those who self-select still receive regular information on charges and are generally engaged. He raised the subject of the threshold for “value for members” assessment being set at less than £100 million, which had increased from £10 million at consultation. He asked whether it would increase further in future. The Government increased the “value for members” assessment threshold following consultation with industry. The reason for this was to capture as many potential poorly performing occupational DC schemes as possible. We have evidence that the smaller a scheme is, the more likely it is to be poorly governed. By our moving the “value for members” assessment threshold from assets under £10 million to £100 million, more occupational DC schemes will have to undergo this rigorous new assessment. This will mean that more members will benefit from improved governance, administration and returns as a result. We will review the assets under the £100 million threshold regularly but have no plans to change it at present.

The noble Lord, Lord Davies, asked how meaningful to members the information would be. The Government are taking forward several measures—dashboards and simpler statements among others. The SI is about how these schemes are governed internally. We are intervening to prevent members languishing in poor schemes.

The noble Baroness, Lady Sherlock, raised a point about CDC. I am advised that we will write to her on that. She also asked what the instrument would mean for the future of look-through and said that the Government had said that they would advise on a policy in July. The instrument does not amend the Government’s policy on treatment of such costs. In our consultation response on improving outcomes for members, published on 21 June, we state that occupational DC pension schemes should continue to look through closed-ended funds as they would all funds of funds and incorporate such costs within their regime of charges levied on members.

If there are points raised by noble Lords that I have not dealt with—

[Baroness Sherlock (Lab)]

I am grateful to the Minister. Could she write to me with that last point, as I did not quite catch the bit about look-through funds and look-through operations of closed-ended funds? I asked two questions. First, my noble friend Lady Drake and I both asked what the Government’s optimal number of schemes is. Would it be one big or enormous scheme—would that be fine? Is it fine to have lots of schemes? Can the Minister give some idea what the centre is in that? The other thing I asked about, which I do not think she answered, was what guidance would be given to trustees or employers who might want to consolidate but were concerned that the moving goalposts would mean that they could end up simply being moved again and, potentially, again. If she did respond to that, I apologise for having missed it.

[Baroness Stedman-Scott (Con)]

I will write to the noble Baroness on the three points she has raised and put a copy in the Library for everybody to see. If there is anything, having looked at Hansard¸ that we have not dealt with, other than that which the noble Baroness raised, I will write to all noble Lords.

This instrument makes several different changes to several different sets of regulations. It has one theme at its core: improving outcomes for pension savers. We have a duty to ensure that those who have engaged in pension saving in their workplace as a result of automatic enrolment can rest assured that their occupational DC pension scheme is on course to deliver the best possible outcome for them. This instrument does this by tackling poor levels of governance, shifting the attention of the market from a narrow focus on cost to overall value, and removing barriers to schemes allocating to a wide range of different assets. I therefore commend it to the House and beg to move.

Motion agreed.

Pensions Regulator (Employer Resources Test) Regulations 2021

Baroness Stedman-Scott Excerpts

Monday 6th September 2021 Grand Committee

Moved by

[Baroness Stedman-Scott]

That the Grand Committee do consider the Pensions Regulator (Employer Resources Test) Regulations 2021.

[The Parliamentary Under-Secretary of State, Department for Work and Pensions (Baroness Stedman-Scott) (Con)]

My Lords, I am pleased to introduce this instrument, which was laid before the House on 28 June 2021. Subject to approval, these regulations provide essential details on the new employer resources test that was introduced by the Pension Schemes Act 2021 in connection with changes to the contribution notice regime.

The new employer resources test will enable the Pensions Regulator to overcome existing challenges of assessing the “act” or “failure to act” that has affected the financial strength of the sponsoring employer, and therefore its ability to support the scheme, rather than damaging the scheme directly.

These regulations outline that the profit before tax measure will be used to assess the resources of the employer. This measure is widely known and understood by the industry and gives the most appropriate picture of net profits available to provide support for a defined benefit pension scheme. The regulations set out specifically how the value of the resources of the employer is to be determined, calculated and verified.

I am satisfied that the provisions in the regulations are compatible with the European Convention on Human Rights.

Part 3 of the Pension Schemes Act 2021 strengthens the powers of the Pensions Regulator. It fulfils our manifesto commitment to take action against those who think they can plunder the pension savings of hard-working employees. These regulations provide essential details on the new employer resources test which forms part of the Pensions Regulator’s contribution notice regime. This regime enables the Pensions Regulator to demand that money is paid into a pension scheme from those found to have caused it detriment. A recent example is Dominic Chappell, who was ordered by the Pensions Regulator to pay £9.5 million into the British Home Stores pension scheme.

The new employer resources test, which these regulations relate to, will enable the Pensions Regulator to overcome existing challenges of assessing the “act” or “failure to act” that has affected the financial strength of the sponsoring employer and therefore its ability to support the scheme rather than damaging it directly.

With these new provisions, we will also avoid the associated challenge of having to project into the future to assess the likelihood of members receiving their accrued benefits. The purpose of the employer resources test is to provide the Pensions Regulator with a tool to make a simple snapshot assessment of the impact of the act or failure to act on the employer at the time. This allows for the act or failure to act to be assessed on its own terms, relative to the employer’s current potential exposure to the scheme, rather than an assessment of what could happen in future. Assessing whether the act or failure to act has reduced the value of the employer’s resources is just one part of the wider employer resources test. The Pensions Regulator, in addition to looking at the health of the employer, also has a focus on the scheme, where it is required to assess whether the reduction of the employer’s resources was material when compared to the scheme’s estimated Section 75 liability.

On the specifics of these regulations, what constitutes the resources of the employer is determined as being the employer’s profits before tax. This is a widely known and understood measure used by the industry and gives the most appropriate picture of net profits available to provide support for a defined benefit pension scheme. How the value of the resources of the employer are determined, calculated and verified are set out in these regulations. The general approach assesses the annual profit before tax position of the employer had the act or failure to act not occurred, which is then compared to an assessment including the act or failure to act. An adjustment is then applied to the profit before tax position that represents the impact which is expressed as a pound figure. The calculated figure would then be assessed against the scheme’s Section 75 debt immediately before the act or failure to act occurred. When the employer resources test has been met, the Pensions Regulator will follow the existing contribution notice process, whereby it will consider other factors, including the reasonableness of issuing a contribution notice.

Working in tandem with these regulations is the Pensions Regulator’s code of practice, which aims to provide further clarity to the industry on how it will interpret and use the powers. The Pensions Regulator launched a consultation in May 2021 on its contribution notice code of practice, which included clear examples covering scenarios of how the different tests would apply. The consultation concluded in July, and the Pensions Regulator is reviewing the responses with a view to publishing the code later in the year.

In closing, we remain committed to ensuring that there should be no hiding place for those who put workers’ retirement savings at risk, and these regulations will play a vital role in enhancing the Pensions Regulator’s ability to take action to protect pension scheme members. I commend this instrument to the Committee and beg to move.

[Baroness Janke (LD)]

My Lords, enabling the TPR to use contributory notices more widely to correct any detrimental action or failure to act is very welcome. However, I have a few questions about the method chosen for defining employer resources.

The Explanatory Memorandum refers to other methods being considered— EBITDA, or earnings before interest tax depreciation and amortisation, and a holistic measure based on covenant strength—but they were dismissed. Can the Minister explain why they were rejected, particularly the holistic assessment based on covenant strength? She will be aware that in very large university superannuation schemes, the level of contributions is affected by covenant strength. Can she explain why a snapshot of net income or profit before tax provides a better approach than this? If the snapshot route is to be followed for defining employer resources, what about the strength of employer assets? What part do they play in any assessment? I also question whether it is reasonable to allow the TPR absolute discretion in determining what are or are not exceptional or non-recurring items. I would welcome the Minister’s clarification on these points.

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[Baroness Stedman-Scott (Con)]

Again, I thank all noble Lords for their contributions. I shall start with the points raised by the noble Baroness, Lady Janke, and the noble Lord, Lord Vaux, on why we do not have a holistic measure. There is no industry consensus on how to value an employer’s covenant strength, and we believe that introducing a holistic measure would introduce a number of uncertainties. There is a statutory requirement for the regulator to consider whether it is reasonable to impose a contribution notice, which includes an obligation to take account of all relevant factors, including the broader assessment of the employer’s strength. We therefore believe that the wider regime should provide comfort to those concerned that the regulator will not take a holistic view.

The noble Baroness, Lady Janke, raised the issue of earnings before interest, tax and depreciation. I confirm that we looked very closely at the suitability of this and concluded that it is unsuitable, as it is not covered by the financial reporting standards relating to accounting practice published by the Financial Reporting Council and is therefore not audited. We think that it is relevant to have the interest charge allowed for in the figure, which earnings before interest, tax, depreciation and amortisation does not take into account, because that could be where the detriment was reflected if the company raised more debt.

The noble Baroness raised a point about why we have selected the profit before tax measure. The purpose of the employer resource test is to provide the Pensions Regulator with a tool to make a simple snapshot assessment of the impact of the act or failure to act on the employer. Profit before tax was selected for measuring the resources of an employer because it is a term widely understood by the industry and regulator. We believe that it is less subjective than other options that would be indicative of the employer’s ability to support the scheme.

The noble Baroness also raised how the Pensions Regulator would determine and remove exceptional and non-recurring items from an employer’s annual accounts. The Pensions Regulator would not ordinarily exercise its discretion in relation to exceptional and non-recurring items in audited accounts which mirror the prescribed test period because an audit process will already have examined them. When no accounts are produced, for example, non-recurring and exceptional items will be determined by the regulator, which must have regard to the financial reporting standards relating to accounting practices published by the Financial Reporting Council.

The noble Baroness, Lady Drake, raised a point about how dividends will be treated in the profit before tax test, and I am advised that we will write to clarify that and, of course, place a copy in the Library for everyone to see. The noble Baroness also raised a point about the regulator’s guidance. The Pensions Regulator launched a consultation on the revised code 12 contribution notices code of practice, which includes clear illustrative examples covering scenarios of how the different tests would apply. This would provide further clarity on how the regulator will interpret and use the new powers. The regulator has received useful feedback from stakeholders as part of the consultation which it is currently analysing, and I understand that the regulator intends to use that feedback to strengthen certain aspects of its policy and further illustrate the approach that will be taken and where its interests lie in terms of acts and conducts pending from any decisions from the courts on these points.

The noble Lord, Lord Vaux, understandably raised the question of why we selected the profit before tax measure. The purpose of the employer resource test is to provide the Pensions Regulator with a tool to make a simple snapshot assessment of the impact of the act or failure to act on the employer. Profit before tax was selected for measuring the resources of an employer because it is a term widely understood by the industry and the regulator. We believe it is less subjective than other options and will be indicative of the employer’s ability to support the scheme.

The noble Lord, Lord Vaux, also raised the issue about the new pension rules change threatening to scupper a big dividend pay-out. We do not wish to crowd out investment, nor do we wish to prevent the payment of proportionate dividends to shareholders. During the passage of the then Pension Schemes Bill through Parliament, the Government opposed and defeated opposition amendments which sought to subject dividend payments by companies with a pension scheme funding deficit to approval by the Pensions Regulator. We argued that it could deter investment and undermine employers.

The noble Lord, Lord Davies, raised the point of verification. The regulations set out that the Pensions Regulator is making a determination and must take into account all relevant information in its possession. The prescribed methodology set out in the regulations also makes it clear that annual accounts will be used which will have already been verified. In terms of verifying the regulator’s determinations, ultimately, any target can make representations to the regulator about the determination, and any decision to impose a contribution notice can also be referred to the Upper Tribunal.

The noble Baroness, Lady Sherlock, raised the question of reasonableness of statutory defence, and whether the Pensions Regulator has a way to determine if this is met. The Pensions Regulator will publish a code of practice and guidance that will illustrate how the tests will apply. The noble Baroness raised the very important issue of charities, and I am advised that we will write to her with clarification on the points she raised.

The noble Baroness also raised the issue of recovery from overseas employers. Again, we will continue to review the situation. She also asked whether this will create an influx of clearance requests and whether the Pensions Regulator is resourced to handle them. The Pensions Regulator does not expect that there will be a significant increase in clearance requests coming in but, if this is the case, the regulator is used to reprioritising its resources and activities, as it has demonstrated during the recent Covid crisis.

To confirm, the draft regulations debated today provide greater security for members’ defined benefit retirement savings by setting out the details of the employer resources test that the Pensions Regulator can use in combating acts of those seeking to avoid their responsibilities to pension schemes. I commend this order to the Committee.

Motion agreed.

Occupational Pension Schemes (Climate Change Governance and Reporting) Regulations 2021

Baroness Stedman-Scott Excerpts

Monday 12th July 2021 Lords Chamber

Tabled by

[Baroness Stedman-Scott]

That the draft Regulations laid before the House on 8 June be approved. Considered in Grand Committee on 5 July.

[Lord Ashton of Hyde (Con)]

My Lords, on behalf of my noble friend the Minister, I beg to move the Motion standing in her name on the Order Paper.

Covid-19: Work-related Cases

Baroness Stedman-Scott Excerpts

Monday 5th July 2021 Lords Chamber

[Lord McKenzie of Luton]

To ask Her Majesty’s Government what assessment they have made of the report by the Trades Union Congress RIDDOR, Covid and underreporting, published on 23 May; and what steps they plan to take in response to the finding that work-related cases of COVID-19 leading to deaths have been underreported.

[The Parliamentary Under-Secretary of State, Department for Work and Pensions (Baroness Stedman-Scott) (Con)]

RIDDOR requires responsible persons, usually employers in relation to employees, to report certain Covid-19 cases to the relevant enforcing authority. Over 33,000 cases have been reported since 10 April 2020. Not all cases of Covid-19 involving employees are reportable, only those where there is reasonable evidence that an occupational exposure at work led to infection. The Health and Safety Executive has reviewed the TUC report and is considering what, if any, additional action is required.

[Lord McKenzie of Luton (Lab) [V]]

My Lords, RIDDOR should play an important role in collecting data on work-related injury and death as well as dangerous occurrences. It is not an optional arrangement. The mechanism requires a layer of accountability on employers and is a public record of works relating to offices and fatalities. However, matters are not proceeding as they should; it is not working well. There are various accounts of underreporting. I think the Minister has just accepted that this underreporting has been around for some time, and perhaps we can be told why action has not been taken previously. I welcome the news that the HSE is going to get involved and look further at this issue.

[Baroness Stedman-Scott (Con)]

Given the complex system in which transmission of the virus occurs, it is extremely difficult to accurately identify the actual transmission point for any individual, and no one system—for example, RIDDOR—enables this attribution to be made.

[Baroness Eaton (Con) [V]]

What contribution does RIDDOR make in understanding workplace transmission?

[Baroness Stedman-Scott (Con)]

RIDDOR provides an important source of intelligence about occupational exposure to coronavirus in the workplace but is not the only source of intelligence that the HSE relies on. In addition to RIDDOR in the reporting of occupational cases of Covid-19, Public Health England is the lead government body for monitoring infection rates and the scale and spread of infections more widely, both in the community and in workplace settings. The HSE has worked and will continue to work closely with Public Health England throughout the pandemic.

[Lord Hendy (Lab)]

My Lords, does the Minister agree that underreporting may be a consequence of HSE advice? Regulation 9 requires a case of Covid in the workforce to be reported if

“attributed to an occupational exposure”.

The HSE advice is that employers

“do not need to conduct extensive enquiries in seeking to determine whether a COVID-19 infection is work-related. The judgement should be made on the basis of the information available.”

That advice surely misleads. The regulation requires some investigation, at least into whether the worker, her colleagues or the safety rep attributes Covid to work.

[Baroness Stedman-Scott (Con)]

The Health and Safety Executive guidance, with advice from the Government Legal Department, does not exclude the reporting of cases of workers whose job involves dealing with the public. RIDDOR places a duty to report on the employer, and they must make a judgment based on the information they have. The Health and Safety Executive has never publicly stated that Regulation 9(b) or its supporting guidance has been misapplied.

[Baroness Janke (LD) [V]]

Does the Minister recognise that the severe cuts to the HSE have led to fewer inspections and, as a result, more underreporting? What plan do the Government have to reinstate the HSE budget?

[Baroness Stedman-Scott (Con)]

I am pleased to say that the Health and Safety Executive has had additional funding throughout the year along with enormous staff increases. This will continue to be worked on, and the HSE and the DWP continue to review and revise the resourcing arrangements as necessary.

[Baroness Wilcox of Newport (Lab)]

My Lords, may I press the Minister a little further on her previous reply? The TUC report found that there was likely to have been significant underreporting in the number of work-related Covid deaths, arguing that it was just not credible that only 2.5% of working-age Covid deaths were down to occupational exposure. Does she believe that funding cuts of 46% to the HSE over the past decade, notwithstanding the short-term fix of a one-off payment, have impacted on reporting under RIDDOR as well as affecting the process of investigation?

[Baroness Stedman-Scott (Con)]

There have been cuts to the budget in the past. That has been rectified and an increased budget has been put in place, as has an increased resourcing budget. As of the end of April, it had 2,670 staff. There has been an extra £14.2 million available to the HSE on top of its regular government funding. Additional funding has enabled it to continue to inspect significantly more workplaces.

[Baroness Altmann (Con)]

My Lords, I welcome the extra funding for the HSE. I hope that noble Lords will recognise the difficulty, with a widespread pandemic, of identifying whether a particular infection is caused in one setting or another. Therefore, I would be grateful if my noble friend might give a little more information on the role that the HSE has played during the pandemic.

[Baroness Stedman-Scott (Con)]

The HSE has been really busy and proactive during the pandemic in three key areas: regulating, by targeting businesses and organisations, to prevent workplace transmission; working with other government departments, developing, assisting and promulgating policy guidance and research; and providing other workplace regulatory functions, including market surveillance to ensure a safe supply chain.

[Baroness Donaghy (Lab) [V]]

My Lords, Covid-19 infections in food factories could be more than 30 times underreported. The HSE said that the figure lacked credibility. In transport, there were 608 Covid deaths among workers and only 10 notifications during a similar period, a rate of just 1%. These are shocking figures. Second only to Romania, we have had the highest level of cuts to inspectors since 2010, and many of these industries have extremely poor sickness absence pay. This lets employers off the hook and the Government are complicit in this appalling level of underreporting. What further action will the Government take to deal with this?

[Baroness Stedman-Scott (Con)]

I will need to look to my noble friend Lady Vere, sitting to my left, to get some information about transport and Covid reporting there; she will like me for that. Given the number of Covid clusters among food and drink manufacturing workers towards the end of 2020, the HSE organised a series of proactive high-risk sector inspections to be carried out. Inspectors carried out 531 site visits and 58 remote inspections, 62 of which resulted in written correspondence. Inspection topics included ensuring that, in the organisation of work, changing and welfare areas allowed for social distancing proportionate to the situation.

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, following on from the questions of the noble Baronesses, Lady Janke and Lady Wilcox, will the Minister acknowledge that of 52,000 proactive site visits over Covid, only 12,000 were conducted by trained inspectors? This is less than a quarter: the rest were handled by outsourced contractors. Will she acknowledge that ventilation was not on the script of those outsourced contractors? Given what we know about aerosol transmission and our increasing understanding of the problem of ventilation, does she agree that this is yet another example of where outsourcing to less experienced, skilled and trained staff has really damaged the quality of service that people have received?

[Baroness Stedman-Scott (Con)]

I ask the noble Baroness to allow me to go back to the department to talk about her outsourcing points. I would be very surprised if we outsourced to people who were not up to the job, but I will write to her.

[The Lord Speaker (Lord McFall of Alcluith)]

My Lords, the time allowed for this Question has elapsed.

Occupational Pension Schemes (Climate Change Governance and Reporting) Regulations 2021

Baroness Stedman-Scott Excerpts

Monday 5th July 2021 Grand Committee

Moved by

[Baroness Stedman-Scott]

That the Grand Committee do consider the Occupational Pension Schemes (Climate Change Governance and Reporting) Regulations 2021.

[The Parliamentary Under-Secretary of State, Department for Work and Pensions (Baroness Stedman-Scott) (Con)]

My Lords, the draft Occupational Pension Schemes (Climate Change Governance and Reporting) Regulations 2021 were laid before this House on 8 June. I am pleased to introduce this instrument. Subject to approval, these regulations will deliver a key commitment set out in Government’s Green Finance Strategy for

“large asset owners to disclose in line with the TCFD”—

the international, industry-led Task Force on Climate-related Financial Disclosures—

“recommendations by 2022”.

These measures will see the UK become the first country in the world in which trustees of occupational pension schemes are statutorily required to consider, assess and report on the financial risks of climate change within their portfolios.

The regulations impose requirements on trustees of larger occupational pension schemes, authorised master trust schemes and, once established, authorised collective money purchase schemes for the identification, assessment and management of climate-related risks and opportunities. This includes requirements relating to governance, strategy and risk management as well as requirements to select and calculate climate-related metrics and to set and measure performance against targets.

Trustees will be required to meet these climate change governance requirements, which underpin the recommendations of the TCFD, and to report on how they have done so in line with the task force’s recommendations. Details of steps that should be taken to meet the requirements are included in the statutory guidance to which trustees must have regard. The regulations also confer compliance powers on the Pensions Regulator to enforce the new requirements.

Among other requirements, trustees will need to report on the risks that affect their portfolio, on how their investment strategy—and, in the case of defined benefit schemes, their funding strategy—would respond to different temperature rise scenarios, which will include consideration of the strength of the employer covenant, on the emissions attributable to their assets, their emissions intensity and their performance against targets that trustees have set.

The largest schemes and authorised schemes will be captured from 1 October 2021. From 1 October 2022, the regulations will apply to more than 70% of pension assets and more than 80% of pension members. The Government have committed to review the effectiveness of these regulations and statutory guidance in 2023. This will include the identification of any barriers, gaps and inconsistencies, as well as an assessment of whether the regulations remain appropriate and whether they should be extended to smaller schemes. I am satisfied that the Occupational Pension Schemes (Climate Change Governance and Reporting) Regulations 2021 are compatible with the European Convention on Human Rights.

Climate change is the defining challenge of our time. Our response will determine the future health and prosperity of our world. It is a major systemic financial risk and a threat to the long-term sustainability of UK private pensions. That is why it is vital that we act now. With almost £2 trillion in assets under management, all occupational pension schemes are exposed to climate-related risks, and such risks present a significant threat to the retirement outcomes of millions of savers. This threat presents itself through the risks to investments of a warmer planet and those associated with the transition to a low-carbon economy, for which all investors must be prepared. If we do not take steps now to address the risks climate change will bring shocks and long-term sustained damage to our economy. It is therefore vital that we ensure that pension scheme governance is as robust as possible to withstand these risks in both the short and long term.

It is for this reason that the Government have sought to prioritise climate change risks and opportunities in this instrument over the broader risks associated with environmental, social and governance considerations. Climate change is unique in the severity of investment risks associated with its impact and the pervasiveness of such risks. It is also for this reason that the Government have wasted no time in consulting on these regulations and bringing them before the Committee for debate.

The instrument provides that trustees of schemes with £5 billion or more in relevant assets and all authorised master trusts will be required to meet the governance requirements from 1 October this year and to produce and publish climate risk disclosures within seven months of their scheme year end. By adopting a phased approach, which sees the requirements fall on the largest schemes first, we expect such schemes to utilise their governance expertise and capacity to set an industry standard to those with at least £1 billion in relevant assets, who will have to meet the same requirements from 1 October 2022.

The instrument requires trustees to put in place processes of governance and risk management to assess the impact of climate change on their investment strategy and, where applicable, their funding strategy. It also requires trustees to conduct scenario analysis, calculate climate-related metrics and to set and measure performance against targets. These activities are all about trustee action, and details of steps that should be taken to meet these requirements are included in statutory guidance to which trustees must have regard. They go way beyond disclosure alone and therefore do not materially overlap in intent or effect with existing ESG policy disclosure requirements.

Activities required by these regulations that rely on data from other participants in the investment chain, such as scenario analysis, calculating metrics and reporting against targets, must be carried out by trustees

“as far as they are able”,

which means that trustees should take all such steps that are reasonable and proportionate in the particular circumstances, taking into account the costs, or likely costs, to the scheme and the time required to be spent. Nevertheless, impacts from climate change are already being felt. Trustees must act now and should not wait for perfect data to emerge before taking action to manage climate-related risks and opportunities. There is more than enough data to begin work with.

Let me be clear: these measures do not direct trustee decisions or seek to increase pressure for blanket divestment of pension schemes from high-carbon sectors. It is not for the Government to direct trustees to sell or buy certain assets, and these proposals do not create any expectation that schemes must divest or invest in a given way. I reiterate that these measures require trustees to identify, manage and assess climate-related risks. Ultimately, trustees retain primacy in any investment decisions they make following that assessment, whether it be the targets they set out or their wider investment strategy.

The effects of this instrument will be significant and transformative. By the end of 2023, the risks and opportunities climate change poses to £1.33 trillion-worth of pension savings will be assessed and published for all to see. Critically, this develops a system of accountability that we have never had before, and trustees will be required to show how climate change is likely to affect their portfolio.

To conclude, these measures cement the UK’s leadership in green finance. We were the first major economy to pass a net-zero emissions law, and now these measures on climate change risk and pensions are the first of their kind globally. I am sure noble Lords will agree that it is only right that pension scheme trustees take action to address climate change-related risks and protect the retirement savings of hard-working people. I commend this instrument to the Committee, and I beg to move.

--- Later in debate ---

[Baroness Stedman-Scott (Con)]

My Lords, I sincerely thank the noble Lord, Lord Davies, and the noble Baronesses, Lady Janke and Lady Sherlock, for their positive and direct questions on these regulations. I also start with an apology: it was remiss of me not to acknowledge the excellent cross-party work that got the pensions Bill on to the statute book. It was a very good example of how the House works well together. I hope that it will continue.

I say to the noble Lord, Lord Davies, that I am very happy to meet and to hold discussions on discretion. My office will seek to organise that.

I will try to deal with some of the questions raised. The noble Lord, Lord Davies, asked about the UK’s statutory commitment to net zero, and said that it needs to be reflected in pension scheme policies. The UK signed up to the Paris Agreement and to net zero, and to making the necessary changes in taxation, spending and regulation to achieve that target. We are making the changes to achieve that. We have not signed up to mandating every organisation and household to set net-zero targets, but we are encouraging organisations to commit to net zero in a way that works for them and to publish a plan to do so.

The noble Lord, Lord Davies, also asked what TPR’s strategy will be to ensure compliance with these new measures. TPR must issue a mandatory penalty in cases where the TCFD report is not published on a publicly available website that is accessible free of charge, as required by the regulations. In all other cases where TPR believes requirements are not being met, it has a range of enforcement options, including the discretion to issue a penalty notice. TPR also has the opportunity to publish the names and details of any breaches, which can be a powerful deterrent. TPR today published its consultation and compliance penalties. The consultation will be up for response until 31 August.

On to the homework set for me by the noble Lord, Lord Davies, on the issue of the hyphen. I will go away and find out. I will write to the noble Lord and place a copy in the Library.

The noble Baroness, Lady Janke, asked about the register of green investment options. Again, I will need to write to her on that issue.

The noble Baroness also asked about the status of the statutory guidance, and asked why there is also non-statutory guidance. In complying with the requirements in this instrument, trustees are required by new Sections 41A and 41B of the Pensions Act 1995 to have regard to statutory guidance prepared by the Secretary of State. This requirement does not apply to the trustee knowledge and understanding provisions, which will be made under different powers; the guidance accompanying those provisions is therefore not statutory guidance but is intended as best practice. Trustees are not required to have regard to it but they are encouraged to do so. Trustees of other schemes may also find the statutory guidance helpful when implementing climate change risk governance and reporting on a voluntary basis.

The noble Baroness, Lady Janke, talked about the lack of available data and reporting standards. The present data coverage does not prevent schemes taking steps to assess their exposure to climate risks, and the quality is improving. Our TCFD reporting requirements, as well as the requirements of others—including the Financial Conduct Authority and BEIS—will accelerate this progress significantly.

The noble Baroness, Lady Sherlock, asked whether trustees will be reliant on data from others to do proper analysis. She also asked whether the same requirements are being applied across the investment chain. The Government have already announced their intention to make TCFD-aligned disclosures mandatory across the economy by 2025, with a significant portion of mandatory requirements in place by 2023. This will produce regulatory alignment through the investment chain, which will capture asset managers, workplace personal pension schemes, UK-registered large private companies, insurance companies and banks by the end of 2023. This will increase the flow of data, which is vital for trustees to embed effective climate risk governance. The DWP has worked closely as part of a cross-government task force to ensure consistent climate-related financial disclosures up the investment chain.

The noble Baroness, Lady Sherlock, said that lots of schemes have not taken action. Actually, 85% of DC pension savers are in a scheme that has set a net-zero target.

The noble Baroness asked why we have limited the threshold for being in scope at £1 billion. All savers have the right to benefit from effective governance and the reporting of climate change risk, regardless of the size of the scheme, but the Government do not wish to impose disproportionate burdens on trustees. Schemes with £1 billion or more in assets have the resources in place to allow them to implement and report on the range of governance and assessment measures set out in the regulations to a high standard, with a high probability of overall benefit to the members. The largest schemes can set an industry benchmark, drive demand for products, improve data flow and, ultimately, drive down costs for smaller schemes seeking to do TCFD reporting in future. The Government have committed to reviewing the effectiveness of the TCFD requirements in the regulations and statutory guidance in 2023. This will assess whether the regulations remain appropriate and whether they should be extended to smaller schemes.

The noble Baroness also asked what smaller schemes not in scope should be doing to manage their climate risk. Trustees do not need statutory requirements to begin meaningful action. They have a fiduciary duty to protect their members’ interests, and everyone should act now. As well as the statutory guidance, the DWP played a key role in producing and publishing the Pensions Climate Risk Industry Group guidance, which is a useful resource for all trustees whether they are in the scope of the new requirements or are just starting out.

The noble Baroness talked about the requirements announced in the Chancellor’s Mansion House speech. We will write to her on those.

Of course, the important issue of cost was discussed; indeed, it was mentioned by the noble Baroness, Lady Sherlock. We will monitor and review the cost, including in terms of what support is needed by trustees to fulfil their obligations.

Finally, the noble Baroness, Lady Janke, said that too many trustees do not have the necessary skills and asked what we are doing about it. Subject to the approval of this instrument, we intend to make regulations requiring trustees to have sufficient knowledge and understanding of the identification, assessment and management of climate-related risks and opportunities to enable them to exercise their functions properly. Those regulations were published in draft alongside our consultation response in June.

The noble Lord, Lord Davies of Brixton, reminded us that this is just the start. It is. I am sure that we will work together to put these regulations into action and review them as time goes on.

I conclude by reiterating the effect of this instrument. It will ensure that the largest occupational pension schemes, as well as authorised master trusts and authorised collective defined contribution schemes, have measures in place to identify, assess and manage climate-related risks and opportunities. The better management of climate risk will be in our interests, whether as pension savers or as pension takers and whether our interests are financial, environmental or social. I commend this instrument to the Committee.

Motion agreed.

Scotland Act 2016 (Social Security) (Consequential Provision) (Miscellaneous Amendment) Regulations 2021

Baroness Stedman-Scott Excerpts

Thursday 24th June 2021 Lords Chamber

Moved by

[Baroness Stedman-Scott]

That the draft Regulations laid before the House on 17 May be approved. Considered in Grand Committee on 22 June.

Motion agreed.

Child Maintenance Service

Baroness Stedman-Scott Excerpts

Thursday 24th June 2021 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Work and Pensions (Baroness Stedman-Scott) (Con)]

My Lords, I thank the noble Lord, Lord Farmer, for his question, which has led to this important, albeit short, debate. I also thank all noble Lords who have participated and made many excellent points. I completely agree with the noble Baroness, Lady Sherlock—indeed, we all agree—that this is an important subject and area of work. In summing up, I will try to address as many of the points made as I can. If I cannot address all of them, I will write to colleagues in detail.

I hold surgeries every quarter with MPs from the Commons, and for all MPs who have written to me personally about cases, I have dealt with each and every one. So I commit to organising an all-Peers child maintenance session so that we have the time after this debate to get into the detail, as I know all noble Lords want to do.

My noble friends Lord McColl and Lady Eaton wanted to know that the child maintenance system is working. We continue to keep the child maintenance policy and our operational delivery under constant review. I was pleased that my noble friend Lady Eaton referred to the new digital services, such as the apply online service that has been introduced; it has reduced average application times, is available 24/7 and allows greater flexibility for separated parents to contact the Child Maintenance Service. Operational reforms such as these help to improve outcomes for children by enabling parents to set up and manage child maintenance arrangements in ways that suit their own circumstances.

The noble Baronesses, Lady Massey and Lady Sherlock, raised the National Audit Office report. I am pleased to confirm that our officials are working well with the National Audit Office—it is work in progress. It is a value-for-money study and will be completed during October and November.

On child maintenance performance and track record, I know that many noble Lords will have experience of the various child maintenance schemes—already referred to by my noble and learned friend Lord Mackay—that there have been over the years. This is an area where the Government have learned a lot. They are completely committed to ensuring that parents play their part and take responsibility for supporting their children. The child maintenance system has had a difficult history in our country, but I am sure most colleagues would agree that the Child Maintenance Service is a significant improvement. As has already been referenced, more than 750,000 children are now covered by child maintenance arrangements. In the past year—2019-20—more than £1 billion was due to be paid through direct pay and the collect and pay service. The compliance rate for parents on the collect and pay service has increased significantly, rising by six percentage points between the quarter ending December 2018 and the quarter ending December 2020.

As the noble Baroness, Lady Massey, said, during the Covid public health emergency, a number of temporary changes were made to the Child Maintenance Service. On the question that the noble Baroness, Lady Sherlock, asked me, 1,507 FTEs were redeployed in the Covid emergency to make sure that we could get money to people. I can give noble Lords a categoric assurance that they are all back and we are back in full service mode.

In December 2020, more than 40,000 paying parents on the collect and pay service had a deduction from earnings order in place, collecting more than £25 million. More than 60,000 deductions from benefits were in force and more than 3,500 deduction orders were in place, collecting a record £3.3 million from bank accounts. I am confident that we will maintain these improvements as we move forward.

My noble friend Lord Farmer and the noble Baronesses, Lady Massey and Lady Sherlock, raised the issue of enforcement powers. The Child Maintenance Service’s enforcement powers are strong and are used widely against those who consistently refuse to meet their obligations to support their children. I have been absolutely staggered at the lengths that people will go to in order to avoid paying their child maintenance. There was an absent dad who owed £80,000 in child maintenance and thought that he could avoid paying it, despite having a great lifestyle. The financial investigation and enforcement teams were right behind him and managed to get that £80,000, which was a life-changing amount of money for the receiving parent. He had £175,000 in the bank. So we are not having any of it—I can tell you that.

The noble Baroness, Lady Sherlock, raised the issue of child maintenance and child poverty. We know that child maintenance can play an effective role in reducing child poverty and enhancing the life outcomes of children in separated families. Child maintenance helps to reduce the chances of children being raised in the lowest 20% of the income distribution, and we know that approximately 120,000 fewer children are growing up in poverty as a result of child maintenance payments.

The noble Baroness, Lady Sherlock, raised the issue of lone parents, who are much more likely to live in low-income households. Extra money coming in through child maintenance can make a real difference to these families, as it is disregarded in full in universal credit. Lone parents get to keep every pound of maintenance paid, and we encourage lone parents on benefits to make a claim for child maintenance. I am pleased to say that my very first visit as a Minister was to Gingerbread and that my colleagues and officials have a very good ongoing relationship with both Gingerbread and Families Need Fathers, and we consistently listen to the issues that they raise with us.

I come now to parental conflict, which the noble Baroness, Lady Massey, my noble friend Lord Farmer and my noble and learned friend Lord Mackay all raised. When two people fall out, the repercussions are felt far and wide by children, and we are only too aware that we have to try to intervene at the right time to reduce this conflict. That is why we have our Reducing Parental Conflict programme, and we are very pleased with the impact that it has had to date. In government, we have a cross-departmental working group on it, involving the Department for Health and Social Care, the Home Office and MHCLG.

Of course, at this point, I want to raise family hubs. We have five government departments working together on family hubs, and we hope that the Reducing Parental Conflict programme can be one of the tools in their armoury. We know that the sooner we intervene in the breakdown of a relationship, the better the outcome can be—and I would be very happy to give more information to noble Lords about that when we meet again.

Before I close my remarks today and deal with some of the other issues that were raised, I will touch on domestic abuse, which I know is a matter of deep concern to all noble Lords. It is vital that the Child Maintenance Service plays its part in supporting victims of domestic abuse. We will continue to waive the application fee for domestic abuse victims and to provide support to allow victims to set up maintenance arrangements safely. The Child Maintenance Service has ramped up domestic abuse training for front-line staff and will continue to review its ways of working to further address a culture where victims of domestic abuse are in absolute poverty—they are a priority. In that vein, I am in the process of commissioning an independent review of ways in which the Child Maintenance Service supports victims of domestic abuse.

Noble Lords raised the issue of the consultation, which we have issued and are embarking on. I give an invitation to all noble Lords: if they have other things they want us to consider, the door is open and they should let us know what those things are. I would now like to cover other important issues that have been raised.

We are grateful to SSAC for raising issues and we have had the opportunity to discuss them with concerned stakeholders. The views expressed will be used to inform future policy development. In response to the noble Baroness, Lady Sherlock, I think I have already said that the system is now fully operational, and the number of staff on child maintenance has gone from 5,500 to 4,700 due to the last CSA cases being closed. Capacity of the system is broadly at pre-Covid levels.

Noble Lords raised the issue of aligning Great Britain with other jurisdictions. We are in close contact with officials in other jurisdictions. As my noble friend Lord Farmer observed, it is hard to transplant measures from one jurisdiction to another, but we continue to monitor international developments in this field. I believe that covers the issue of the situation in Australia. Dual income adds significant complexity to a child maintenance calculation and measures that work in one place do not necessarily work in another. I am happy to continue to discuss that and keep the issue under the review.

On family-based arrangements, we recognise that conflict is harmful to children and the intent of the 2012 maintenance reforms was to try to promote collaboration between separated parents. We know that a family-based arrangement is not for everybody, so we offer people other ways of paying. I think my noble friends Lord McColl and Lord Farmer raised the issue of the appeals process and whether it works. We have made changes to the appeals process and, if a complainant is still unsatisfied with the response they have, they can escalate it to the Parliamentary and Health Service Ombudsman. Noble Lords asked me to tell them about the progress of the Government’s commitment to supporting parents to make family-based arrangements. The survey we did will be published in due course.

I am sorry to have run out of time, because this is a subject dear to my heart; I could spend all day talking to noble Lords about it and answering your questions, believe me. Please go away from here understanding that we know child maintenance is important, we are on it and we are going to make the changes we need to make to take children out of poverty so they can get the best chances in life.

[The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)]

Thank you, Minister. That completes the business before the Grand Committee this afternoon. I remind Members to sanitise their desks and chairs before leaving the Room.

Scotland Act 2016 (Social Security) (Consequential Provision) (Miscellaneous Amendment) Regulations 2021

Baroness Stedman-Scott Excerpts

Tuesday 22nd June 2021 Grand Committee

Moved by

[Baroness Stedman-Scott]

That the Grand Committee do consider the Scotland Act 2016 (Social Security) (Consequential Provision) (Miscellaneous Amendment) Regulations 2021.

[The Parliamentary Under-Secretary of State, Department for Work and Pensions (Baroness Stedman-Scott) (Con)]

My Lords, I am pleased to introduce this instrument, which was laid before the House on 17 May 2021. Subject to approval, the regulations will make some necessary legislative changes to prevent overlapping entitlements to the soon-to-be-introduced Scottish child disability payment and UK disability benefits. It will also permit the Department for Work and Pensions to accept the Scottish government appointee arrangements for UK government benefit purposes, thereby reducing the administrative burden for claimants and appointees in dealing with both Governments. I am satisfied that the regulations are compatible with the European Convention on Human Rights.

The UK Government are committed to making devolution work and to ensuring the safe and secure transition of powers to the Scottish Government under the Scotland Act 2016. As a result of the devolution of social security powers to the Scottish Parliament under this Act, the Department for Work and Pensions will need to update its legislation from time to time to reflect the introduction of the Scottish Government’s replacement benefits. Section 71 of this Act allows for the necessary legislative amendments, in this case as a result of benefits introduced under the Social Security (Scotland) Act 2018.

I am grateful for the opportunity to debate these regulations today. They will effect some purely technical changes and prevent overlapping entitlement to and payment of the Scottish child disability payment and UK disability benefits such as disability living allowance for children, personal independence payment and Armed Forces independence payment. It also includes some time-limited overlapping provisions for Northern Ireland. It will enable the Department for Work and Pensions to accept appointees over the age of 18 if they have already been granted appointee status by the Scottish Government. This is a positive change for claimants and staff.

Noble Lords will be aware that the Social Security (Scotland) Act 2018 established the legislative framework for the Scottish Government to introduce new forms of assistance using the social security powers devolved under Section 22 of the Scotland Act 2016. Specifically, Section 31 of the 2018 Act allows the Scottish Government to introduce legislation to provide financial support through their disability assistance for people in Scotland with long-term additional health needs. The Scottish Government have legislated for disability assistance for children and young people, which will be introduced from July 2021. They are calling this child disability payment; I will refer to it as CDP from now on.

I understand that CDP will have residency conditions attached and primarily will be paid only to claimants who live in Scotland. However, as part of their offer the Scottish Government will continue to pay CDP for a period of 13 weeks after a claimant has left Scotland and moved to another part of the UK. This will allow claimants time to sort out new benefit arrangements, should they wish to.

Our intention is to offer a similar facility for those moving to Scotland, though this will not be needed for a few years. What is needed now is a modest legislative amendment to deal with this policy, in order to both support the devolution agenda and strengthen a union that works together in the best interests of our shared citizens.

If these regulations are passed today, they will ensure that there are clear boundaries between entitlement to CDP and entitlement to a similar UK government benefit, and that there is no overlapping provision of entitlement. They will do that by making it clear that entitlement to a relevant UK government benefit will not start until the day after payment of CDP has ended and will reflect the Scottish CDP legislation, which acts in a similar way. This will not only protect the public purse by avoiding double payment but help prevent the need for complicated overpayment calculations and recovery. Furthermore, it is also in the best interests of the claimant, who will have a clear expectation of which Government is responsible for paying their benefits at which point in their claim or award.

The instrument includes provisions on behalf of the Ministry of Defence to ensure that Armed Forces independence payment will similarly not overlap with CDP. Provisions have also been introduced to prevent overlapping entitlement when a claimant moves to Northern Ireland and is in receipt of the 13-week run- on payment from the Scottish Government.

Finally, we recognise that many DWP claimants will also be claimants of the Scottish Government’s devolved provisions. This instrument will make changes to UK government legislation to allow the Department for Work and Pensions to accept that a person over the age of 18 has appointee status if they have already been granted it by the Scottish Government. This removes unnecessary burdens on the claimant, the appointee and the department through effective and proportional collaboration on information shared and used by respective Governments. I commend this instrument to the Committee and beg to move.

--- Later in debate ---

[Baroness Stedman-Scott (Con)]

I thank all noble Lords for their contributions today. I shall deal with some of the points that noble Lords have raised.

In answer to the noble Lord, Lord Naseby, and to some degree the noble Lord, Lord Bruce, I would say that all five parties in the Scottish Parliament accepted the Smith commission recommendations on the devolution of social security. The two Governments are now working together to implement them, and this SI is part of that process. In Wales, social security is reserved by virtue of the Wales Act 2017, although the Welsh Government have the power to make payments to people in extreme financial hardship using the discretionary assistance fund. In Northern Ireland, social security is transferred to the Northern Ireland Executive. However, in line with the Northern Ireland Act 1998, the DWP and the Department for Communities in Northern Ireland work closely together with a view to maintaining parity between the two systems.

The Barnett formula is used by the Treasury to calculate the annual block grants for the Scottish and Welsh Governments and the Northern Ireland Executive. It calculates funding for devolved public services based on what the UK Government spend on those functions in England. If the devolved Administrations want to spend more on devolved services, they must find the funding from elsewhere in their budgets.

On the evaluation of implementation, which noble Lords have raised, that is a matter for the Scottish Government. The UK Government will, of course, be interested in the iterations of the reserved benefits, given the larger number of people in Scotland receiving benefits from both Governments.

In answer to the noble Lord, Lord Bruce, the DWP currently administers benefits on behalf of the Scottish Government where they are the same as other benefits. However, replacement benefits, such as CDP, will be entirely delivered by Social Security Scotland, which is part of the Scottish Government. We will, of course, follow with interest how the Scottish Government deliver their new benefit and we can, of course, learn from their experience where we both face similar challenges.

On cross-border moves from Scotland to England, the noble Baroness, Lady Wilcox, asks what will happen if someone moving from Scotland to England and Wales does not apply to the DWP in time for their claim to be processed before their CDP runs out, and whether they will incur a break in payment. If the claimant is late in making the claim following the move, there is a greater risk that there will be a break in payment. However, arrears will be paid back to either the date of the claim or to the date the run-on ceases, depending on the circumstances. If a claimant delays making an application and their CDP stops before their claim has been made, any new claim can be paid only from the date of that claim.

The DWP and the Scottish Government both have devolution programmes to ensure that all partners are ready in delivery and ready for the implementation. We hope that that working together will continue.

The noble Lord, Lord Bruce, asked about how many more SIs on Scotland are coming. It seems that there are three more statutory instruments on devolution of Scottish Social Security to the Scottish Parliament before the Summer Recess. Further instruments will follow as the Scottish Government make further progress on the replacement of benefits.

The UK Government are working collaboratively with the Scottish Government to ensure that the two systems of social security will operate effectively alongside each other and the required legislation that underpins them is delivered successfully for the people of Scotland and, where relevant, claimants in England, Wales and Northern Ireland. This order highlights the importance that the UK Government place on the effective functioning of devolution. I commend this order to the Committee.

Motion agreed.

Armed Forces: Transition to Civilian Life

Baroness Stedman-Scott Excerpts

Tuesday 15th June 2021 Lords Chamber

[Baroness Sherlock]

To ask Her Majesty’s Government what assessment they have made of the support provided by the Department for Work and Pensions to members of the Armed Forces in their transition to civilian life.

[The Parliamentary Under-Secretary of State, Department for Work and Pensions (Baroness Stedman-Scott) (Con)]

My Lords, the vast majority of veterans are able to make a successful transition to life outside the Armed Forces; 84% of veterans are employed within six months of discharge, and these rates compare very favourably with the wider population, where 76% are in employment. The DWP provides support to veterans in a number of ways, including through the early voluntary entry to the work and health programme, and support from its network of Armed Forces champions.

[Baroness Sherlock (Lab) [V]]

My Lords, in 2019 the Government committed up to £6 million to fund more than 100 Armed Forces champions. They are there to provide personnel, veterans and families with specialist support to find work and transition to civilian life, and they are a key part of the Government’s commitment to the Armed Forces covenant. The Minister has now told me in a Written Answer that they now aim to hire only 50 champions and have a record low of just 34 in post. So why have the Government abandoned this commitment to our Armed Forces, and how much of that £6 million has actually been spent?

--- Later in debate ---

[Baroness Stedman-Scott (Con)]

The department’s top priority during the pandemic has been to focus on processing claims and paying people quickly. As a result, the planned recruitment for the Armed Forces champion in April 2020 was paused. During that period, there was a lot of liaison with stakeholders and various interested parties and a new model was devised and got real support from all stakeholders. We now have, for the first time, middle-management lead roles and direct customer support for the 50 Armed Forces champions, and this combined support is well supported. In addition to these people, of course the veterans got the full service of all the work coaches in the DWP network.

[The Lord Bishop of St Albans [V]]

My Lords, in the UK it is estimated that former Armed Forces personnel are eight times more likely to develop gambling problems than civilians. They suffer from higher rates of mental health issues and alcohol problems, factors which may feed into the higher rate of problem gambling. Will Her Majesty’s Government commit to surveying the gambling habits of serving personnel so that we can better provide for our military as they transition to civilian life?

[Baroness Stedman-Scott (Con)]

The right reverend Prelate raises a serious issue that people are well aware of. I would like to offer a meeting with him just to get some more detail from him, and then I will of course take that back to the department.

[Baroness Fookes (Con)]

My Lords, I will not disguise my anger and frustration at the recent refusal of the Government to restore war widows’ pensions to those few ladies who lost it on remarriage. Can my noble friend use her considerable powers of persuasion to find a way forward other than by using the name “pension”, which I understand frightens the life out of the Treasury? Could the widows not receive some form of compensation, hardship payment or the like?

[Baroness Stedman-Scott (Con)]

To be asked not to frighten the Treasury is quite a challenge—I will think about that one for now. Of course, the Government recognise the unique commitment that service families make to our country and remain sympathetic to the circumstances of those who remarried and cohabited before 1 April. I understand my noble friend’s points, and I will do my best.

[Lord Ramsbotham (CB) [V]]

My Lords, can the Minister please tell the House whether the Department for Work and Pensions has carried out any assessment of the usefulness of Armed Forces employment to civilian employers?

[Baroness Stedman-Scott (Con)]

An important point is that when people leave the Armed Forces, they have really good skills that are very attractive to employers in both the public and private sectors, and work is done to make sure that all opportunities are made available to those leaving the service.

[Baroness Janke (LD) [V]]

Can the noble Baroness say what specific support is provided for families—particularly children—of members of our Armed Forces to enable their transition, given that many of them will have spent time in different schools and different locations and may find it difficult to transition after their families leave the services?

[Baroness Stedman-Scott (Con)]

The effect on children living in different parts of the country and the world, and the number of schools they have attended, is well known. It is for the MoD to carry out this activity in its resettlement programme. I will ask my friends in the Ministry of Defence to write to the noble Baroness with more detail.

[Lord Lancaster of Kimbolton (Con)]

My Lords, it was an enormous honour to serve as the Minister for Veterans, probably the most rewarding job in government. While that is the only ministerial job to have the word “veterans” in its title, it is important to remember that all Ministers have responsibility for veterans. One of the challenges they face is access to information, which is why we created the Veterans’ Gateway. Can my noble friend simply reassure me that her department engages with that portal?

[Baroness Stedman-Scott (Con)]

I am happy to confirm to my noble friend that the department engages with the portal. We put veterans and their families in touch with the organisations best placed to help them, and the portal, through the national provision tool, is an absolutely vital part of the service.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, I recognise the many challenges faced by the members of the Armed Forces in the transition to civilian life, whether it be need for housing or professional care because of physical or mental incapacity through conflict. Can the Minister assure me that all former members of the Armed Forces are equally provided for across the United Kingdom, including those in Northern Ireland?

[Baroness Stedman-Scott (Con)]

I am pleased to be able to respond to the noble Lord to say that the Armed Forces covenant legislation is specifically designed to cover equality of service. It covers health, education and housing, and the MoD has worked with closely with the devolved authorities in implementing that.

[Baroness D’Souza (CB)]

My Lords, the Government have a duty of care to look after those who have served and a moral responsibility to pick up the tab. That said, will the Minister say what combat-related trauma support is available to women veterans who are actively seeking employment?

[Baroness Stedman-Scott (Con)]

I would need to write to the noble Baroness about trauma support because I will need to get the information from the MoD. However, I can give comfort to her and to the whole House: women do very well when it comes to employment after their service. They have good specialist skills such as transport, logistics and medicine, and the support that the DWP gives takes account of individual circumstances and is individually tailored.

[Lord Sharpe of Epsom (Con)]

My Lords, Dr Hugh Milroy, the CEO of the exemplary military charity Veterans Aid, tells me that the current resettlement system is out of touch with the cost of living today and that he has seen this cause genuine hardship for people with otherwise good prospects. I was surprised to find that the individual resettlement training costs grant available to all leavers with six or more years’ service and all medical discharges is set at £534. Does my noble friend the Minister agree that it is time to modernise the system by providing access to an innovative financial empowerment model, perhaps like the student loan system?

[Baroness Stedman-Scott (Con)]

I am happy to tell my noble friend that while the grant is set at just over £500, the training that it can purchase can be worth thousands of pounds. The Career Transition Partnership contract-funded courses are prepaid by the MoD and it offers other courses as well. Other financial support schemes, such as the enhanced learning credits scheme, can provide up to £3,000. Further financial support of up to £175 per year can be made available through the standard learning credit scheme and the publicly funded further education/higher education scheme provides service leavers with all sorts of support for up to 10 years to a value of up to £9,000. If we need to repackage that, I will be happy to take it back to the department.

[Baroness Smith of Newnham (LD)]

My Lords, the integrated review envisages cuts to the regular forces of around 10,000. What work has the DWP done, alongside the MoD, to assess the possible implications for service personnel and their families who will be leaving the forces perhaps rather more unexpectedly than envisaged?

[Baroness Stedman-Scott (Con)]

The services offered by the DWP through the plan for jobs and other activities with the Department for Education on skills are wide-ranging, and I know that the Ministry of Defence and the DWP will work in partnership to provide the most relevant services to the people who the noble Baroness rightly says will need help.

[The Lord Speaker (Lord McFall of Alcluith)]

My Lords, the time allowed for this Question has elapsed. We now come to the fourth Oral Question in the name of the noble Baroness, Lady Randerson.

Child Poverty: Ethnicity

Baroness Stedman-Scott Excerpts

Thursday 27th May 2021 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Work and Pensions (Baroness Stedman-Scott) (Con)]

My Lords, I thank the noble Lord, Lord Woolley, for securing this important debate and introducing it so eloquently and powerfully. I also thank those noble Lords who have contributed to today’s discussion of this important issue.

I share the concern that has been expressed that children from some ethnic minority backgrounds are more likely to be in low income than their peers. It is absolutely right that any Government are held to account for their record on tackling poverty.

Over the past year, our priority has of course been to help all families, regardless of their background, to withstand the financial hardship brought about by the pandemic. Such unprecedented circumstances have called for an unprecedented response. I believe that this Government are delivering this by spending more than £407 billion on support measures to mitigate the impact of the pandemic, including the furlough scheme and the self-employment income support scheme. This has helped to protect jobs and to keep businesses afloat and has helped families to get by. The noble Lord, Lord Woolley, issued us with a challenge: we can do something little or we can do something great. I believe that the Government are doing a good job in trying to support people in this incredibly difficult time.

That spending also includes the additional £7.4 billion injected into the welfare system further to support those most in need, raising our total spend on welfare support for people of working age to around £111 billion. The noble Baronesses, Lady Lister and Lady Sherlock, referred to the £20 uplift. I must tell them that it was always intended to be a temporary measure. As such, as far as I know, it will cease in September.

We have done other things to support families and children. We fully recognise the profound impact of this hugely challenging period on people’s lives. We have taken further substantial action to support the most vulnerable children and families, wherever they live and whatever their background, to ensure that they are able to access food and other essentials.

My noble friend Lord Farmer raised the important issue of family stability and the good work that family hubs are doing. The Government are working to expand these hubs and continue to invest in the reducing parental conflict programme. The hubs continue to grow at pace. There is a cross-government department team working on family hubs and RPC: I am a member of that group. Somebody pleaded with me to use my voice; it is loud and clear on these issues, and I would be very happy to meet any noble Lords to talk about hubs and the reducing parental conflict programme.

To strengthen the welfare safety net, in December 2020, my department introduced the Covid winter grant programme, which had an additional £229 million of local welfare funding and has enabled local authorities to provide targeted support to vulnerable households, keeping them warm and well fed over the winter, focusing particularly on disadvantaged children and families, whether that support is needed in term time or in holidays. Recognising that some restrictions on the economy are still in place, a further £40 million of funding has been allocated to the Covid local support grant fund.

The noble Lord, Lord Wooley, was very challenging in his speech, as other noble Lords have been, about educational attainment and free school meals and breakfast clubs. We have put in place extraordinary measures to ensure that disadvantaged children receive the support they need to learn, whether that is in home or in the classroom. In England, this has included spending an additional £500 million on food vouchers so that children had access to food when schools were closed during lockdown. This is in addition to the usual funding schools have continued to receive to provide free school meals for more than 1.6 million pupils from the lowest income families and universal free school meals for all children in reception, year 1 and year 2. As well as lunchtime meals, the Government also support breakfast clubs in more than 2,450 schools. The Department for Education has recently announced another £24 million to continue the successful breakfast club programme.

The noble Baroness, Lady Bakewell, talked about the summer holidays. Looking ahead to this summer, we recognise that many vulnerable families need additional support during the longer school holidays. Following three years of successful pilots, the Department for Education’s holiday activities and food programme has been expanded for 2021. The programme launched at Easter and will provide support during summer and Christmas this year at a cost of £220 million. This programme is available to disadvantaged children in every local authority. Wider support is available, including our healthy start scheme, and we are exploring any additional support that may be needed throughout the summer.

I now turn to some of the specific points made by noble Lords. The noble Lord, Lord Woolley, talked about unemployment rates for ethnic minorities. We have committed to level up skills and opportunities across the country for people of all backgrounds. Using data from the race disparity audit, updated annually since October 2017, and our own analysis, we are continuing to help those underrepresented in the labour market.

We were challenged in this debate by the noble Lord, Lord Woolley, and others about expanding free school meals. We think it is important that free school meal support is targeted at those who need it most. Free school meals are an integral part of our provision for families on low incomes and of our wider actions to promote social mobility.

On the help we are giving to ethnic minorities, particularly to get into the labour market, we have identified 20 target areas using our own research and data from the race disparity audit. Lessons learned are rolled out, where appropriate, across the country. Each area has a high ethnic minority population and a high gap between the ethnic minority and white employment rates. Together, they represent more than half of the national ethnic minority employment gap. We are also considering the recommendations of the independent Commission on Race and Ethnic Disparities.

Again, I am sorry to say to the noble Baroness, Lady Lister, that I have no information that the two-child policy is going to be changed. I know it will be disappointing to her, but the Government feel quite strongly that a benefit structure adjusting automatically to family size is unsustainable.

We have the same view on the benefit cap. The proportion of individuals capped remains low in comparison to the overall UC case load at around 3%. This is in spite of the significant action that DWP took early in the pandemic to protect those financially impacted, including the temporary uplift in the UC standard allowance and increases to local housing allowance rates. The most vulnerable, who are entitled to benefits for disability and caring, are obviously exempt from the cap.

The noble Baroness, Lady Walmsley, raised a point about free school meals for all primary school children. I am afraid I have no information that that is planned. On the other points the noble Baroness raised, I will write to her.

The noble Baroness, Lady Lister, raised the poverty strategy and cross-government working. Here I might raise a smile, I think. As we recover from the pandemic, departments will continue to work together to deliver a number of key cross-cutting outcomes linked to the 2020 spending review. These outcomes include addressing poverty through enabling progression into work and increasing financial resilience. DWP is leading this work in collaboration with other departments, including, in particular, HMT, DfE, MHCLG and Defra.

My noble friend Lord Moynihan raised the issue of a Cabinet Minister for children, which other noble Lords have raised. The Secretary of State in the Department for Education has responsibility for children and families and takes it very seriously. I will ask my noble friend Lady Berridge to write on behalf of her Secretary of State to say what is being done there.

The noble Baroness, Lady Chakrabarti, urged me to use my voice. I will always do that. I can confirm to her, and to the noble Baroness, Lady Bennett, that we will consider all the recommendations of the national food strategy and respond fully within six months of the publication of the next and final national food strategy report. I will come back to the noble Baroness in writing.

I thank the noble Baroness, Lady Uddin, a passionate campaigner, for her contribution. In my working life, trying to help people back to work, the business community at Canary Wharf has been outstanding in its support for its local communities.

The noble Baroness, Lady Bakewell, made a point about gluten-free products on prescription. I am very happy to write to the Department of Health. I make no promises, but I will write, and I will copy the noble Baroness in on the letter.

The noble Baroness, Lady Sherlock, talked about the impact of the pandemic on levels of poverty being clear and asked whether we will publish our evidence and act on it. Estimating the impact of Covid-19 on relative and absolute poverty requires estimates of income for all people in the UK, which are not yet available. We are wholly committed to supporting people on lower incomes. We spend an estimated £111 billion on welfare, including an additional £7.4 billion on Covid-related welfare policies.

I always finish these debates by apologising for not being able to answer every point, and I always promise that I will look at Hansard and write to noble Lords on any matters I have not dealt with. I hope noble Lords understand that this Government are absolutely committed to helping those who need help most—those in poverty—and my door is open at any time for noble Lords to make representations.