Superannuation Bill

Lord Maclennan of Rogart Excerpts

Wednesday 1st December 2010 Lords Chamber

[Lord McKenzie of Luton]

My Lords, I thank my noble friend Lady Donaghy for stepping into the breach. She did indeed do justice to our noble friend and colleague Lady Turner. Perhaps we can take this opportunity of sending our best wishes to her for a speedy recovery.

I very much agree with the thrust of the amendment, which pretty much replicates a debate that we had in Grand Committee. The difficulty, in a sense, is that the approach is predicated on Clause 1 not standing part of the Bill, so there is a potential inconsistency between these two provisions. In so far as the cap is concerned, we are very clear that it should go from the Bill in its entirety, which would negate this amendment if it were to be pressed and were successful. However, we agree that there must be consultation with every effort made to end up with a negotiated settlement. My right honourable friend in the other place, Tessa Jowell, made clear that we accept that there would be circumstances in which changes would have to be made that did not rely on agreement. We do not recognise this lightly, nor indeed does the Minister. To that extent we may differ a little on my noble friend’s amendment, but we have some other amendments constructed to achieve in large measure the same thing, which is to get rid of the caps.

[Lord Maclennan of Rogart]

My Lords, I thank the noble Baroness for moving the amendment and I join the noble Lord, Lord McKenzie, in sending good wishes to the noble Baroness, Lady Turner. However, I fear the amendment as drafted goes too wide, as was implicit in the remarks made by the noble Lord, Lord McKenzie. It might have the effect of reinstating the veto, which it is the purpose of this Bill in large measure to withdraw. I am glad to recognise what was said in another place by Tessa Jowell and the inconsistency of that, as I see it, with the amendment tabled.

[Lord Wallace of Saltaire]

My Lords, I join other noble Lords in sending our best wishes to the noble Baroness, Lady Turner of Camden. I served on a committee with her when I first became a Member of this House and have been very fond of her ever since. We look forward to having her back with us. She played a useful and constructive role in our Grand Committee discussions.

In Grand Committee we discussed the question of the balance of pay with trade unionists and I remarked at the time that we need to understand how many low-paid civil servants there are and to construct a scheme which is as fair as possible to the lower-paid. As the noble Baroness will know, one of the elements of this scheme is that all those earning under £23,000 who are offered redundancy will be treated as if they were earning £23,000. So built into the compensation scheme are limitations for the small number of civil servants who are paid £150,000 or above and much greater benefits for that large number of civil servants who earn below the medium wage. I hope that this has the sympathy of all Members of the House because it is part of what this scheme is intended to achieve.

Although this amendment seeks to amend Clause 3, to some extent it contradicts Clause 1, as the noble Lord, Lord McKenzie, pointed out. The Government are not therefore able to accept it as it is not entirely clear what its implications would be. As I have already made clear, the Government are committed to full consultation with the Civil Service trade unions over the long term. However, the recent history of changes proposed to the Civil Service Compensation Scheme both by the previous Government and by the coalition Government shows that a requirement to reach agreement can lead to stalemate where the Government of the day are unable to implement the changes that are necessary or agreed with the majority of unions.

So in practice the drafting of the amendment may not have the effect that the noble Baroness, Lady Turner of Camden, would want it to achieve. It does not just apply to changes in the compensation scheme but rather to the scheme as a whole. I am sure I do not need to tell noble Lords that the Government would not want this to be the case. Nevertheless, I appreciate the opportunity that the noble Baroness’s amendment provides to emphasise yet again our commitment to meaningful consultation and our determination on the other hand not to allow any union to have a complete veto over changes that may be proposed to the Civil Service Compensation Scheme. This is an important point which we take as seriously as the noble Baroness does and we are determined that it is the lower paid civil servants who will have the most generous benefits, as we have proposed in the current scheme. We have therefore pushed this scheme forward and are puzzled by the resistance of one of the unions to a scheme that seems to us to be better for the lower-paid than the alternatives that that union seems to prefer.

--- Later in debate ---

[Lord McKenzie of Luton]

Amendment 8 addresses a practical issue concerning the timing for a new scheme, the coming into force of the Bill and the operation of any caps, now that they look likely to remain. It would delay the commencement of Clause 3, which sets the caps, until a month after the Act is passed by Parliament. Indeed, we would be amenable to a later date, should the Government consider that more time is necessary; or to the more flexible option of that clause being subject to a commencement order to be laid by the Minister.

We took from our earlier discussions that the sequence of events would be as follows. On day one, the Act would enter into force. On day two, Section 3 would be repealed by order. On day three, an order outlining the new CSCS would be laid, to be brought into effect immediately. However, from our discussion with the Minister and his officials earlier this week, it appears that there may now be a noticeable gap between the entry into force of the Act and the laying of the scheme order. This may be influenced by the timing of the conclusion and outcome of trade union ballots, which we understand will be on 14 January 2011. We are concerned that this delay will mean that people will be subject to the effects of the caps before the Government get around to repealing them and making an order for the new CSCS.

This produces an intolerable situation, in which those made redundant or agreeing to voluntary separation between entry into force of the Act and the laying of the order for the new scheme would face the limits imposed by the caps. It would be possible to cater for this by inserting a delay for the coming into effect of Clause 3, hence our amendment. We have assumed a delay of one month but the Minister may wish to comment on whether this period is likely to be sufficient. As noted, an alternative way of dealing with this would be for there to be a power to bring the section into being by order so that alignment could be assured, although Clause 4(4) might need to be adjusted if this route were followed.

This practical issue is yet another reason why the caps are more trouble than they are worth and why they should be removed from the Bill, but I acknowledge the vote that we have just had. However, if removal or delayed introduction are not supported, what will happen in this interim period? Will departments be advised not to proceed with any separations until a new scheme or order is made? What advice has been given to date? When we raised this issue with the Minister in our meeting, it was clear that officials had not given total thought to the matter. What reassurance can the Minister now give to civil servants who are expecting redundancy? If Royal Assent is given before the Recess and the new scheme does not come into effect until mid-January, or even later, it will consign potentially thousands of civil servants to a pretty miserable Christmas. How will the Minister ensure that there is a level playing field in operation? Since each department is, I understand, a separate employer, it would remain within the discretion of a department to treat individual employees as it saw fit. In the absence of repealing Clause 3, this would mean that it had to impose the statutory maximum on any redundancy payments. This would be the law. What is to stop departments with hard-pressed budgets being tempted to proceed in the window where the caps drive the compensation limits? Should this happen, what commitments should be given about bringing people up to the level of the new scheme when this is introduced?

These are real practical issues. We do not raise them just to be picky over the wording of the Bill. If the caps are to take effect in the circumstances outlined, they will have a real and detrimental impact on the lives of people subject to the scheme. If the Minister is not able to meet us on the detail of the amendment, I would press him to be very clear on the record about how the Government are to handle these matters. I beg to move.

[Lord Maclennan of Rogart]

My Lords, I feel some sympathy with the practical inquiries that have been made. It appears unlikely that there will be no redundancies between the date of the passage of the Bill and the introduction of the new compensation scheme. It is also possible that someone may test the compatibility of the Act with the human rights convention before the new compensation scheme has been introduced. Some reassurance is needed. The Government have given indications that they do not wish there to be a significant lapse of time between the enactment of the Bill and the introduction of the new scheme—which would obviate the problem—but that is not now a certainty. In those circumstances, if the Minister is not able to answer the question today, it would be very helpful if he undertook to answer this after due consideration of the issues raised by the noble Lord, Lord McKenzie.