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

Lord Davies of Brixton Excerpts

2nd reading
Friday 14th July 2023 Lords Chamber

[Lord Davies of Brixton (Lab)]

My Lords, I join my noble friend Lady Drake in congratulating the noble Baroness, Lady Altmann, on bringing this important Bill before us today. I still struggle to get my head around the idea that a government policy requires a Private Member’s Bill to bring it in: it seems a bit odd to me, but then most of the Bills this morning seem to have been in line with government policy. I suppose that is because you have a chance of getting legislation through only if it has government backing. But this is government policy and the Government have promised to introduce it. They did not say when, so their tardiness is being pre-empted by the Bill.

I am going to say some things which may seem a bit grouchy, but I do support the Bill and I am not suggesting any amendments: I think it should be put on the statute book as quickly as possible. It is, of course, an enabling piece of legislation; it is just the first step. We are going to have the regulations and there is some suggestion that we are going to have a consultation later this year. We are a bit overburdened with consultations at the moment—I think there were about five earlier this week—on crucial issues in the pensions area, so I hope there will be some understanding of the capacity issues in dealing with all these areas of policy.

The Bill does two distinct things: it increases the contributions that everyone who is automatically enrolled has to receive in their pension: it affects everyone, right up to the ceiling. It is not in any way targeted at the lower paid, but it has a much bigger impact on the lower paid, of course, because including the extra £6,000 for someone on £18,000 has a much bigger proportionate effect than for someone on, say, £30,000 or £35,000. So, proportionately, it is aiming at those on lower levels of pay. It also brings in those who are between the ages of 18 and 22—my noble friend Lady Drake dealt with this in detail.

Nevertheless, while both those things seem like good things, I do have concerns. There is a general concern that this might be seen as solely what we need to do in order to address what I think is currently the biggest problem in pensions policy, which is the gender-based pension gap that the noble Baroness referred to in her introduction. It is because of inadequate pension provision and of course it affects primarily women, hence the gender gap. We could spend a bit of time discussing the DWP errors and the differential impact that they are having on women, but we will leave that to one side today. However, the two key issues there are low pay for women and continued gender discrimination in employment.

The second concern is that caring tends to be the responsibility of women. There is, perhaps, greater sharing now than there was in the past, but it is still overwhelmingly women who have caring responsibilities, and this has an impact on the pensions that they accrue.

What solutions do we have to those issues? I am afraid that I must disagree with the noble Baroness, Lady Altmann, about the impact this will have on the pensions gap. I think it is irrelevant to the pensions gap and hence is a diversion from what we should be doing. My crucial point on the pensions gap, and where the Bill misses the point, is that we cannot solve the problem of the inadequate pensions received by women, people on low incomes and people with caring responsibilities by making them save more money. It is not the answer to the pensions gap to rely on people having greater savings, because their resources are just not there. We have to look at other ways of providing support to eliminate the pensions gap, and I really do not think that market-based funded pensions are that solution. We have to look at the solution through improvements to the state scheme. Clearly, the state has a bigger role here. In that sense, this Bill is a diversion and raises concerns in my mind, even though the measures in themselves are worth supporting.

There are also practical issues that need to be addressed if we are to extend auto-enrolment. First, we have to resolve the problem of small pots. The Government have issued a further consultation. I thought that we had consulted almost to death on this issue, but we got another consultation paper on small pots earlier today. The new and dynamic Pensions Minister says:

“I am setting out a decisive way forward built around the multiple default consolidator model”.


That is perhaps the correct approach—it moves away from the pot-follows-member model that previously had support—but this debate has been going on for 10 years or more, ever since the birth of auto-enrolment. We have to address the problem of small pots and we need to do it soon, so increasing auto-enrolment must go along with sorting out the problem of small pots.

The other issue that needs to be resolved, particularly for younger people, whose earnings will tend to be low and may be outside the tax regime, is that of net pay. I was going to say something about that at Second Reading of the Finance (No. 2) Bill, but unfortunately I could not make it. However, they are important issues and, in this context, I stress that the small pots issue needs to be taken more seriously by the Government. It was discussed in Committee in the House of Commons and various points were raised. I do not believe that the Government have yet totally resolved these issues—the need to make sure that people know that net pay tax relief will be there.

The Government’s proposal is to start, in effect, two years in the future, but I cannot see any sound reason why we should not go back to 2023. There is the whole process of individuals being able to object to whatever assessment is made and additional technical issues which I will not detain the House with today. There are a number of issues with net pay that need to be addressed. So, okay, let us go ahead, let us expand auto-enrolment, but unless at the same time we resolve the other issues of net pay and small pots, it will not have the impact that it should have. To come back to my prime point, let us not believe that this is going to resolve to a significant extent the biggest issue, which I believe is the gender pensions gap.