Digital Equipment Ltd: Pension Scheme

Alex Cunningham Excerpts

Tuesday 17th January 2017 Westminster Hall

[Alex Cunningham (Stockton North) (Lab)]

It is an extra special pleasure to serve under your chairmanship, Mr McCabe—I prepared a seven-minute speech, you suggested I might get five minutes and I now have 10. That is so unusual in this place.

I congratulate the hon. Member for Ayr, Carrick and Cumnock (Corri Wilson) on bringing this matter to the House for us to debate. I am pleased she has the time do so, as she is doubtless preparing for a series of suppers over the next couple of weeks to mark the special day set aside for Robert Burns. Had he been alive today, he would, I believe, have been a constituent of hers.

Other hon. Members have explained the background to this issue. The pension plan changed hands from Compaq, which acquired Digital Equipment Ltd, to Hewlett Packard when it acquired Compaq in 2002. Hon. Members have also highlighted the legislation that determines that payments prior to 1997 are not entitled to increases in line with inflation. I welcome all the contributions that have been made.

I confess that, until Wednesday of last week, I was not aware of this particular failure, which has resulted in what appears to be the unfair and inconsistent treatment of thousands of pensioners who have a defined-benefit pension with Hewlett Packard. Despite legislation being in place that states that pension providers are under no legal obligation to increase the value of a pension in line with inflation, we are facing a situation, not unlike that facing the Women Against State Pension Inequality campaign, in which people find themselves at a disadvantage simply because they were born in a particular timeframe or had worked prior to particular legislation being introduced.

Through my research, I found that the average pension paid to Digital pensioners in 2002 was £6,008, which would now be worth £9,070 if it had kept in line with inflation—that is 50% more, and would go a long way in anybody’s home. As we have heard, when the pension plan was held by Digital Equipment Ltd and then Compaq, both companies made discretionary increases. However, once the plan was acquired by Hewlett Packard, it received only two token 1% rises, with no increases in the past 14 years. That is not good enough. The value of the pensioners’ money has decreased, the cost of living has increased and we once again face the crisis of vulnerable people facing increased difficulty and being on the verge of poverty in many cases.

[Sir Peter Bottomley]

The thought going through my mind is that, when I go back to my office, I find Parliament-supplied equipment made by Hewlett Packard. I also bought my own printers from Hewlett Packard. I am beginning to wonder whether I knew enough to regard it as a reputable firm that I should go on patronising.

[Alex Cunningham]

I certainly wonder the same thing; I have something to say to the Minister specifically on that—not about my personal choices or the hon. Gentleman’s, but about the Government’s.

Hewlett Packard can hide behind the law, and has for years, but that does not mean that what it is doing is right. When we—a group of north-east England MPs—meet representatives from Hewlett Packard a week on Monday, I intend to challenge them specifically on the decision. Despite being a large company with a substantial UK turnover, it is clearly shirking its responsibility to ensure that people who worked for a company that it took over receive the same level of support as before. Another parallel between this case and the plight of the WASPI women is that there has been no real opportunity for the people affected to make up for the shortfall in the value of their pension.

How has Hewlett Packard dealt with other pensioners in its group? Much, much better. Pensioners in all of Hewlett Packard’s European subsidiaries, except in the UK, have received regular cost of living increases. This is a case not of a business being unable to increase pensions in line with the cost of living, but of a large international corporation using a loophole in UK legislation to give it a window to not fulfil what is a moral duty. I wonder what its problem is with treating its British pensioners the same as others.

As we have heard, Hewlett Packard is not a struggling business that cannot make ends meet. It is actually the Government's largest IT supplier, and makes sales of more than a £l billion a year to the Government alone. It is a company that, in 2015, had revenues of $139 billion—not million—and profits of $7 billion. The UK Government spent £1.2 billion with the company in 2014-15, which was 25% of Hewlett Packard’s British turnover. Its highest-paid UK director received £1.64 million in 2014 and £920,000 in 2015. It would cost that company about half the cash paid to that one UK director to pay a cost of living increase this year—half the cash that one person earned in wages last year.

The pensioners affected served their time working for HP and the companies it took over. They thought they were safe in the knowledge that they had a pension and were doing everything they were supposed to. I believe the Minister should put pressure on Hewlett Packard, as I will a week on Monday, to fulfil its moral responsibility, although not a legal one, to ensure that those workers are treated fairly in retirement.

Are the Government really content with doing more than £1 billion-worth of business a year with a company that has cocked a snook at this group of British pensioners? I hope the Minister will agree that even though companies are not legally required to pay annual cost of living increases in line with inflation for workers who made contributions prior to 1997, it is a scandal that there are thousands of pensioners in this country right now whose pensions’ value has dropped significantly, and who are probably now relying on social security benefits to get by.

[Dr Philippa Whitford]

As the hon. Gentleman has pointed out, this is not a legal failure of Hewlett Packard but a moral one. Does the responsibility not therefore lie in this place to ensure that the law and guidance are very clear? It is our job to protect the pensioners.

[Alex Cunningham]

I certainly agree with that. Dealing with the situation retrospectively is extremely difficult, and I do not think that is possible, but we have various Green Papers coming through the system in the near future, and I hope the Minister is listening carefully about the problems we have seen. There are so many schemes out there, and we have schemes that are not operating effectively for the people who have paid into them, whether they are turkey sandwich makers or whoever.

As I said, some of the people affected may be relying on state social security. Why is the British taxpayer having to foot that social security bill, while the Government are handing out such lucrative contracts to a company that makes vast profits from them? Clearly we need to ensure that legislation will never again allow a company to shirk its responsibilities, and I would welcome the Minister’s view on that. I hope he will also take action to resolve this injustice by sending a direct message to Hewlett Packard that if it can afford to pay cost of living increases to pensioners in other European countries, it can pay the same increase to pensioners in the UK.

--- Later in debate ---

[Richard Harrington]

I fully accept that point. However, what matters to individual pensioners is quite clearly the amount of money that matters to them, but as far as a company is concerned—be it Hewlett Packard, which I accept is very substantial, or a small company—it may be a very significant amount of money. If there were to be legislation, it would have to cover all of them, to be reasonable. No Government could select one company and not another one because it is one of the world’s biggest companies, but I take the hon. Lady’s point.

Normally it is not appropriate or right for Ministers to talk about individual companies’ schemes, so I will try to circumvent that as much as I can. I have listened carefully to what has been said. I listen very carefully to what the hon. Member for Stockton North (Alex Cunningham), Her Majesty’s loyal Opposition spokesman on pensions, says, as indeed I do to the SNP’s spokesperson. Like the hon. Member for Stockton North, I was not aware of this issue until it was brought to my attention quite recently. I therefore cannot say that I have considered this for weeks or months, but it is important. I will come on to the Green Paper in a moment.

I strongly believe, as I am sure hon. Members in this Parliament or indeed any others do, that employers should stand by their pension promises unless there is very good reason not to and that schemes should have to act within the law. It has been accepted in this debate that the legal position is clear: pensions accrued after 1997 have a level of inflation protection, and pensions accrued pre-1997 have indexation requirements only in relation to certain contracting-out arrangements, but not generally. In fact, the hon. Member for Ayr, Carrick and Cumnock confirmed that the company had broken no law.

The argument seems to be that the company has a moral responsibility, but that it is for Government to change the law if the company will not accept that. My hon. Friend the Member for Worthing West (Sir Peter Bottomley) is not in his place; he explained perfectly well why. As he said, it is very legitimate for institutional shareholders, which may include trade unions or pension funds—everything is very circular in pensions, with them owning a lot of shares in it—to use pressure on Hewlett Packard.

The hon. Member for Stockton North represents the former seat of Harold Macmillan. I just read his biography. I look forward to the day when Harold Macmillan’s successor one nation Conservatives take the constituency back, but the hon. Gentleman is doing an excellent job in the interregnum. He said that the fact that the Government spend significant amounts of money with Hewlett Packard could be used as a point of pressure. I cannot really comment on that. I do not have anything in my office, to the best of knowledge and belief, from Hewlett Packard, but I know that the Government have strict rules about things they can and cannot use as investment criteria.

[Alex Cunningham]

Harold Macmillan was in fact the last Conservative to represent any part of my constituency, until he was sacked by the people of Stockton. He was a man who believed in playing fair, and that is what we want here: we want Hewlett Packard to play fair. What opportunities does the Minister have to contact the company and say, “Look, you can do it in Europe. Why can’t you do it in the UK as well?”?

[Richard Harrington]

I thank the hon. Gentleman for that intervention and his comments about Harold Macmillan. He asks what pressure the Government can put on Hewlett Packard. In preparing for this debate, I have not received Hewlett Packard’s position. There is no record of any information that I have had. I look forward to receiving a report from the meeting that hon. Members are having with Hewlett Packard. I would be happy for those who attend the meeting to come and discuss it with me as a result. I suspect that the people at the company will say, “Look, we comply with the law,” and in fairness to them, they do. To use a European comparison is really saying, “Well, in Europe they comply with the law.” I am sure that their policy is, “We comply with the law wherever we are in the world.” That is what any company of that magnitude would say.

--- Later in debate ---

[Richard Harrington]

I think that is very reasonable. As I said, I am not trying to hide any data—nobody is—because I am sure that the HPPA would have included them in its paper, had it known. I suppose that in the end, they can just be estimates because we do not actually know for the moment what companies fit into this category. From speaking to people since I became aware of this issue, I believe it is true that one of Hewlett Packard’s predecessors—I cannot remember if it was Digital or Compaq—did increase the pension rates most years to some criteria for inflation, although I do not know exactly what criteria.

As I said, I have not come across any views that Hewlett Packard has broken the law, but I will say that many things that companies do are beyond the law in many ways. They have policies on this and policies on that, and many of them have moral, socially responsible policies in many areas. That is the sort of thing that boards of companies decide. They do not just have to comply with the law—that is the minimum. Obviously everybody, individuals and corporates alike, has to comply with the law. In a way, that is why we are all here in this building.

I want to make progress, although Mr McCabe has kindly allowed ample time for interventions if there are any. We believe that the Government retrospectively changing the legislative requirements on indexation would be inappropriate and would have a significant impact on the schemes of employers involved. The legislation introduced in 1995, by Harold Macmillan’s successors in a Conservative Government, was introduced to provide a limited level of inflation protection. The then Government were conscious of this balance between protection against inflation and the ability of the schemes, and the employers who stand behind them, to afford such protection. Of course, the financial deficits in defined-benefit schemes are very much a topic of conversation in this House and in the press—particularly the trade press—and are something that will be discussed in the Green Paper.

I am not a great believer in providing people with straws to clutch on to. Many politicians across the House do so in politics, and probably the reason for my lack of progress, compared to certain people of my age in all political parties, is that I try to be as candid as possible. I do not want to give a straw to clutch on to, but I do think that hon. Members have to remember that costs of business are also a factor to consider. Hewlett Packard, Compaq and Digital before them have been regarded as good employers; they employ a lot of people in this country and help to generate the prosperity of this country.

I accept the point made by the Opposition spokesman, the hon. Member for Stockton North, that there are people in Hewlett Packard who earn big money—it is all relative—but that is also true about footballers and many other people. It is not the actual position—I know that it makes a good comparison in a speech, but the fact is that the quantum of pension fund commitments that Hewlett Packard took on amount to many, many millions of pounds. The company knew that when it was acquiring the business. I am sure that if it felt that was far too much, it would not have done so. It would have calculated the cost and taken it into account.

I had better make some progress now, Mr McCabe, because time is running out.

[Alex Cunningham]

Will the Minister give way, very briefly?

[Richard Harrington]

Certainly.

[Alex Cunningham]

I accept everything the Minister is saying, but will he, following this debate, write to the company telling it that we have had this debate and ask it to consider its position?

[Richard Harrington]

I am happy to meet the hon. Gentleman and other hon. Members here after their meeting with the company so that we can formulate some kind of opinion on it. This is not to take away from the standing of this debate, but rather than send a letter as a result of this debate, it would be more appropriate to meet after you have met with the company. I am sorry, I did not mean you, Mr McCabe; I meant the hon. Gentleman. I got carried away, such is the excitement of this issue.

The pensioners with a pre-1997 defined-benefit occupational pension that was contracted out of the additional state pension could be receiving some inflation protection on that pension from the state, because their pension entitlement includes a guaranteed minimum pension, or GMP. I understand from officials that that applies to many of the Digital Equipment pensioners. When the additional state pension was introduced in 1978, employers were allowed to contract their employees out of its provision in return for the employer and employee paying lower national insurance contributions. In order to contract out, the employer had to promise to pay a pension that was at least as good as the additional state pension that had been given up, in effect guaranteeing a pension payment that was as a minimum equal to the state pension—hence the name.

The state pension, through a complex calculation that I agree is difficult to understand, provides for some indexation of the GMP for those individuals who reached state pension age before April 2016. Those who reach state pension age from 6 April 2016 will benefit from transitional arrangements in the new state pension. The majority of people who were contracted out will do better over their lifetime than under the old arrangements. In short, although the members may not be receiving the full inflation protection as part of their scheme rules, as demanded by their representatives and Members here today, they are likely to receive some mitigation and protection due to GMP arrangements. As I said, my understanding is that that applies to some Digital Equipment pensioners.

I can only repeat that the Government have no plans to impose retrospective changes on pension schemes, but as the hon. Member for Stockton North and other hon. Members have stated, there will be a Green Paper shortly. I said that would happen in the spring; I hope that that will be in spring in the south of England rather than in parts of Scotland, based on my experience of very nice, if rather cold, spring holidays elsewhere. The Green Paper will look at many aspects of defined benefit schemes, including methods of valuation of schemes, index-linking criteria and the consolidation of pension schemes, among others.

I do not want Members to think that we have plans specifically to impose retrospective changes on pension schemes such as the one we are discussing, but many aspects of pension rules will be considered in the Green Paper, and I believe that will include several issues that are relevant to this matter. Obviously I cannot go into more detail because the Green Paper is an official document, but it will look generally at defined benefit schemes. There are a lot of different factors, some of which are genuine complaints and difficulties on behalf of employers, and some of which are fundamental things about protecting pensioners and prospective pensioners—people working and paying into schemes now. Obvious related examples include the rules of the pension regulator, which, although not relevant today, certainly are relevant to defined benefit schemes.

Today’s debate and the preparation work for it—the briefings and other things that I was provided with, including from the House of Commons Library and the Hewlett Packard Pension Association—have led to a lot of thinking on my behalf about this matter, and I thank hon. Members for raising it. I look forward to hearing Hewlett Packard’s response and I am very happy to meet with it, after that stage, to discuss the situation.