Pension Schemes Bill

Lord German Excerpts

Tuesday 16th December 2014 Lords Chamber

[Lord German (LD)]

My Lords, I, too, join in the tributes to the noble Lord, Lord Jenkin, and associate the Liberal Democrat Benches with the good wishes that have been passed on to him so far. We look forward to his speech. Perhaps the House will afford me a moment for a small personal recollection. I know that the noble Lord, Lord Jenkin, has the words “love of music” stamped throughout him. One of the assurances that you can have about music is that you can continue to enjoy it no matter what age you are, from the youngest to the oldest. I wish him every success in his retirement, and hope that he will be able to join us, as he always has done, at future musical occasions of this Parliament, and enjoy with us once more those wonderful occasions. We all look forward to his speech later on in this debate.

This suite of Bills adds to the most comprehensive range of changes which we have seen to state and private pensions in a generation. Set against the backdrop of auto-enrolment—with the number of new savers reaching beyond 5 million and rising; the new single-tier state pension; establishing the link between pension age and life expectancy; and abolition of the retirement age altogether—I think it is safe to say that this Parliament has seen an unprecedented period of major pension change. In fact, I would venture to say that it has been a revolution, a quiet one, which has at last seen the coming together of major pension reforms.

I recognise that many noble Lords in all parts of this House, some present here today, have played a key role in ensuring that we have got to the place we are debating today. However, I pay tribute to my right honourable friend Steve Webb for the part that he has played in bringing these reforms to fruition. He is deserving of great praise, and it undoubtedly says something about his skills, as I understand that he is now the longest-serving Pensions Minister for many decades.

The Pension Schemes Bill follows two consultations, in November 2012 and November 2013. It will extend to three the present two-pronged approach to pension provision, defined contribution and defined benefit schemes. However, with the decline of defined benefit schemes, increasingly, as of now, for many people, the only realistic option available is a defined contribution scheme. The defined ambition option provided by this Bill provides a new alternative, one which allows people to act collectively, sharing risk, and smoothing out fluctuations, reducing volatility for the customer.

Sharing investment risks and longer-life risks has the potential to act against the interests of a consumer when operating as a solo investor. This measure will mean a reduction in the ups and downs of investment. The Bill therefore offers a third route, one which can provide more certainty and stability. I note that the Government do not claim that it will produce a better financial outcome, although some have claimed that it will—but it will provide stability. This new approach will also allow people to leave money within the scheme if they wish, even after entering the decumulation phase, so they can continue to see all, or part, of their pensionable savings invested.

As always, we look for parallel experiences in other countries, and my noble friend the Minister mentioned two in his introduction. However, each has conditions that render them unique, and it is not wise to try to lift the experience of others in a wholesale manner into the United Kingdom. For example, I anticipate that we will have a detailed discussion of the intergenerational nature of the new defined ambition pension. However, one benefit that your Lordships may wish to ensure as the norm in this measure is that joint action should lead to a spreading of windfalls and setbacks over time, so that fluctuations can be avoided. It is possible to mitigate changes in current market rates to reduce volatility and maintain stability within a collective pension scheme. The effect that this has on a defined cohort of pension recipients, by laying off the risk through smoothing over present and future generations, is one that this House will undoubtedly debate in detail at future stages of the Pension Schemes Bill. However, the experience of the Netherlands should lead the House to ensure that expectations are managed, that there are clear communications with members of the scheme, and that cross-subsidies within schemes are adequately and comprehensively managed, with legislative context for this to happen.

As a result of all the changes in pensions policy, and those in these two Bills, pension providers are increasingly being asked to think creatively, to adjust their provision, offer new products and provide more choice. Annuities have been a shackle on the pensions market, particularly as annuity return rates have gone steadily downwards over the past decade. The challenge for the pensions industry is to respond to the need for a strong dose of competition and innovation.

There is a danger that consideration of these Bills will mainly centre on the guidance guarantee. That is, none the less, a very important part of the legislation. It is important for the guarantee to consider the potential choices that a pension saver has, by looking at all assets that that person has. Here I must declare an unregistrable interest as a member of the advisory committee for the Equity Release Council. Housing wealth in this country is estimated to be £1.4 trillion—and many people also hold other assets, such as investments and savings. The FCA has just produced its “near final” rules and standards on the guidance guarantee, but the relevant standard, standard 20, is silent on the level of housing wealth being considered.

An Equity Release Council survey suggests that average housing wealth for the over-55s is £271,000. Meanwhile, the average defined contribution pension pot is in the order of £20,000. Whether these figures are robust is not the issue here, because they merely illustrate the need to consider housing wealth within the guidance guarantee. They show that housing wealth is more significant than the pension pot for most people over 55. This huge financial gap between the two assets is likely to continue in the next decade for people aged 40 and more, as this cohort is more likely than its predecessor to have defined contribution rather than defined benefit pensions, and they are just as likely to be pursuing home ownership through a mortgage that will be repaid before they retire.

I appreciate that the Government’s intention is for the guidance guarantee to equip people with basic concepts about their future financial needs, and to provide a basic knowledge of the range of products available. But not taking all assets into account when providing guidance will work against the guidance guarantee’s fundamental task, which surely must be to equip people with the questions they need to ask in order to help them make their decisions. To do this effectively the whole picture needs to be seen, and that means getting all the relevant information in one place, and in an easily understood format.

In respect of the pensions freedoms in these Bills, I would be grateful for confirmation from the Minister that the Government regard the FCA as the second line of defence, standing apart from the guidance guarantee, to ensure that the highest standards are met by those supplying financial products when people are at the point of making these crucial decisions involving their pension savings.

These Bills provide an opportunity for the introduction of much needed rights to improve the way that savers can engage with their savings. All the available evidence shows that people struggle to understand and engage with what is happening to their pension savings. This high level of disengagement must surely be a concern. One key mechanism for improving understanding and engagement is transparency—letting people know what is happening to their money. People are interested in knowing how their money is used, even though the language used by the financial sector may put them off. We could use this Bill to increase the ability for customer scrutiny over those who decide how to place their money. In a system where people cannot easily move their money, it is all the more important that their agents are held to account. What is required is customer-facing information and materials which help savers understand and access information. I look forward to a discussion on these issues at future stages of the Bill.

The number of government changes to the defined ambition Bill in its final stages as it went through the House of Commons was dramatic. Effectively, those changes added 65% or more extra detail to the Bill. This means that there is a real job of work to be done in your Lordships’ House to undertake scrutiny, particularly in Committee. I do, however, recognize that many of these changes were made as a result of announcements made in the Budget, after the Bill had been published.

Given the wide range and scope of subordinate legislation required for these Bills, there will undoubtedly be a need for detailed consideration at later stages of whether the affirmative or negative procedures are appropriate. Without draft regulations before us, I suspect that your Lordships’ House may well seek the affirmative procedure for many of these new regulations, but perhaps for some of them only on their first appearance in this House.

The timing of the new standards and rules governing all the issues in these Bills is a key consideration to be debated. The issues of quality of governance and levels of charging are high on the list of matters where the customer will require protection. The most urgent of these is the conversion of the FCA’s “near final” standards and rules on the guidance guarantee into their final form in time for when this Bill comes into force in April next year. I would be grateful if my noble friend the Minister could indicate when he expects these final standards and rules from the FCA to be received. Given that there are two regulators engaged in protecting the customer in these Bills, perhaps he could also indicate how it is proposed that the roles of both will be delineated, and how the Government will ensure that there is no overlap or, indeed, cracks between their respective areas of responsibility, where protection might subsequently fail. Perhaps my noble friend could give his and the Government’s view of whether it would be better to have a single regulator operating in this space rather than run the risk of overlap or gaps in provision.

In conclusion, I welcome these Bills and look forward to debating the key issues at future stages. They provide choice and rightfully put more powers in the hands of the consumer. They are to be welcomed.