Pension Schemes Bill

Baroness Bennett of Manor Castle Excerpts

2nd reading
Thursday 18th December 2025 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Coffey, and to hear nature-positive sentiments from the Conservative Benches. We are hearing a wide range of perspectives in that space, and I am glad to hear those. I declare my position as a vice-president of the Local Government Association and the National Association of Local Councils.

I echo the noble Lord, Lord Vaux of Harrowden, in enjoying seeing so many familiar faces on the pensions trail. My first ever Committee was on the Pension Schemes Bill some six years ago. It is also nice to welcome new faces such as the noble Baroness, Lady White of Tufnell Park. I very much look forward to her speech as someone who, when in London, stays just across the border in Kentish Town. I also join the noble Lord, Lord Vaux, in his expressions of concern about any forced investment in private equity. It is an extractivist, exploitative model which benefits a few at the cost of the many and does not have the long-term perspective that we surely need when talking about pensions.

I will start by looking at the context. We are starting from when the Chancellor initiated a pensions review in August 2024, led by the DWP and HMT, aimed at bolstering investment in the UK and dealing with pension adequacy—or rather, the significant levels of pension inadequacy that so many now suffer from.

Picking up the point about pension age raised by the noble Lord, Lord Willetts, although from an opposite perspective, I note that when the state pension age rose from 65 to 66, between December 2018 and October 2020, the percentage of 65 year-olds in income poverty more than doubled from 10% to 24%. A quarter of a million more 60 to 64 year-olds are now in poverty than in 2010, when the state pension age began rising. These figures are from a report by the Standard Life Centre for the Future of Retirement. According to the research, the poverty rate for 60 to 64 year-olds increased from 16% to 22% from 2009 to 2024. There are now 8 million people in their 60s in the UK, up from 6.7 million in 2010, and that is expected to peak at 8.7 million in 2031. Many of those are pre-pensioners now, but they are very soon going to be pensioners. Some are pensioners already, and we have a huge poverty problem there. The noble Lord, Lord Willetts, said that this has to be a fiscal consideration. I am afraid we have to look at it much more broadly and consider the state of public health in the UK, whether many of those people are indeed fit to work, and the huge inequality of health at age 60, 65 or 70 that operates across different communities and social groups.

We also have to acknowledge that 2.8 million pensioners are now living in households below the minimum income standard. I note that the House of Commons Work and Pensions Committee said in July:

“No older person should be unable to have a minimum, dignified, socially acceptable standard of living”.


The Green Party concurs with that. I know the Minister will be interested that women make up 67% of those pensioners in poverty. There has been some improvement in the situation with the new state pension but, as the committee noted in July, there are “blind spots” in policy-making. The reality of women’s lives is still insufficiently recognised. I cannot see anything in this Bill that deals with that, but I would be interested if the Minister could contribute anything on it.

Staying with the context, because it is important that we think about where we are before we get to the detail, according to ONS data we now have 44% of adults aged 16 and over actively contributing to a pension pot. This compares to 34% a decade earlier. Obviously, auto-enrolment is a really important factor, but according to the recent Scottish Widows 2025 Retirement Report, 39% of working-age adults are not on track to achieve what the Pensions and Lifetime Savings Association deems a minimum lifestyle in retirement, and that is a 1% increase since 2024, so we are headed in the wrong direction.

The Minister said this is all about security and dignity in retirement. Before we start talking about private pensions, we have to acknowledge that the financial sector’s private pensions are not going to meet everybody’s needs. There are great risks with the financial sector in this age of shocks, and we have to acknowledge that the state pension must be the anchor of security, certainty and freedom from fear for everybody in our society.

Picking up the point made by the noble Baroness, Lady Coffey, on our Delegated Powers and Regulatory Reform Committee report, there are a couple of extra facts from that report that I think are telling and concerning. At 149 pages, the Bill’s delegated powers memorandum is nearly as long as the Bill itself, which is 161 pages. The number of delegated powers in the Bill—119—nearly exceeds the number of clauses, which is 123.

I have spent quite a bit of time on context because I think it is important, but I turn now to a couple of points that I expect to raise in Committee and possibly later. One of those is the term “fiduciary duty”. Lots of people have been asking me, “What are you doing in the last week before Christmas?” and I have said, “I am going to be talking about fiduciary duty for pension schemes”. I have then got lots of blank looks.

But this is something I have actually long been familiar with as a Green, as we have been struggling over many years to ensure that local pension schemes in particular are able to avoid investing, say, in the merchants of death, big tobacco, because that is bad for pensioners in a broader context, or able to avoid investing in fossil fuels because of their health and environmental impacts, and also because of the financial risks of the carbon bubble. So things like “fiduciary duties” roll off my tongue so easily.

Noble Lords will know that this was debated very strongly in the Commons. They have started the work in some ways but have left us with an unfinished piece of work. In response to the amendment in the Commons supported by 34 MPs, including all four Green MPs, the Pensions Minister has now committed to legislate to bring forward statutory guidance—again—on fiduciary duty. However, as I understand it—I am happy to be corrected by the Minister—the statutory guidance provided by the Government would not apply to the whole range of pension schemes and would not provide the legal clarity that schemes would need to wish to act on these issues. Any statutory guidance of course need not be followed and is at risk from potential future Governments.

Although this sounds technical, it is of course terribly important. I note that Liam Byrne in the other place said that there is currently confusion—and what the Government are proposing does not seem to deal with that confusion. With confusion comes caution. Then, we see trustees understandably following the safe path, rather than the one they can actually see is the right path.

The noble Baroness, Lady Coffey, has covered a lot of what I was going to say about nature, so I will not repeat that. But it is worth looking at this from my perspective of six years in this place. I am delighted to see the noble Baroness, Lady Hayman, in her place, because she has been a leader in finally getting successive Governments to put climate and nature into Bills. To get the climate and nature bit in because the Government initially left it out has become almost the standard part of the role of your Lordships’ House. That is something I am sure we will return to.

I have one final point to make on the Bill. The Financial Conduct Authority has, to be charitable, a chequered regulatory history. The Minister said that the FCA would have this extra responsibility and that extra responsibility, which is deeply concerning. I am interested in the suggestions from the noble Baroness, Lady Coffey, on how we might look at that regulation. I do not have a view on that yet, but I would be interested in the debate.

I note that, a year ago, the All-Party Parliamentary Group on Investment Fraud and Fairer Financial Services—I declare I am a Member—published a report on the effectiveness, or not, of the FCA, and blamed it for doing too little, too late, and doing nothing to prevent or punish alleged wrongdoing, with errors being all too common. That is really important, given that we are giving it oversight over some significantly increased powers for trustees, where trustees will not be referring back to members of the scheme.

Finally, I come to the fun bit. Given that this is the last contribution from a Member of the Green group for this session before Christmas, I sincerely thank all the staff—the doorkeepers, clerks, Library, catering, security and cleaning staff—for the many hours they have laboured for us, all too often hours very late in the evening. To offer a wish for all of them and all of us, my hope for 2026 is that we might see more sensible working hours for your Lordships’ House and for all our staff.

Pension Schemes Bill

Baroness Bennett of Manor Castle Excerpts

Committee stage
Monday 23rd February 2026 Grand Committee

[Baroness Penn (Con)]

My Lords, I will speak in support of Amendment 218A. Before I do so, on Amendment 212, the noble Lord, Lord Sharkey, made a valiant attempt to square the circle of opposing some forms of mandation while supporting others, but it did not quite get me over the line. So I do not support that amendment.

However, I am interested in my noble friend’s Amendment 218E on the TNFD. We have spoken many times in the House about nature and climate being two sides of the same coin, and we now have a framework that enables organisations to understand nature risk properly. It therefore seems logical that it is integrated into our thinking on pensions.

Although I acknowledge my noble friend’s concerns, the reason why I support Amendment 218A is that, at its heart, its point is to clarify that pension schemes trustees can take systemic-level risks into account when carrying out their fiduciary duty. We could have debates on other aspects, such as taking members’ views into account, but the amendment is attractive because it still has fiduciary duty at its heart rather than seeking to overrule it. That is a beneficial approach because it does not put those of us in Committee, or the Government, in the position of taking those views and making those decisions for people—that remains with the trustees, which is, I think, appropriate.

The noble Baroness, Lady Hayman, eloquently made most of the points to be made in relation to Amendment 218A. The Government agree that we need to clarify that fiduciary duty can include a consideration of systemic risk; that point was accepted by the Pensions Minister in December. So the question then becomes: what form should this improved guidance take? Should it be legislative or statutory? I think that it should be legislative because so much of the understanding of fiduciary duty relies on the interpretation of case law. Therefore, we need a clearer legal underpinning of our understanding of this duty for it to be robust and for trustees to use it, which is the barrier that we are already trying to solve.

I would like to understand from the Minister why the Government have a preference for statutory guidance over legislative change. In the past, the Government have pointed to the importance of flexibility and consultation—those are allowed for through this amendment, but it would have the added benefits of proper parliamentary scrutiny and consultation with outside bodies.

I also want to ask the Minister about the scope of the Government’s proposed approach; this was touched on by the noble Baroness, Lady Hayman. Why is it limited to occupational trust-based schemes, if that is the case? We have about half of pension assets in local government pension schemes and personal pensions, so why would this not extend to those?

Finally, I wish to press the Minister on timing. We have heard about transition plans in this debate. Work on those has been under way for a long time, and we have heard about the extended timeline, which may extend even further—one never knows. We have heard about the TNFD and the time it takes to get momentum behind this. We have heard about the fact that we were debating these issues three years ago in the then Financial Services and Markets Bill. We had one of our round tables before the election was called and I think that the Government have had further round tables to try to corral their efforts to address this issue.

However, the point remains: there needs to be a legislative basis for this statutory guidance. That is my understanding. We now have a pensions Bill. Let us hope that we do not have another one. We hear the phrase, “We will bring forward proposals when parliamentary time allows”—well, this is that parliamentary time. I am sure that the Government have lots of other things they want to do with future Bills in future Sessions of Parliament. May I encourage the Minister to seize this time? If she does not agree with Amendment 218A, at least on the statutory guidance, bring forward the legislative basis so that the Government can get on with the thing they say they want to do.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I will speak in favour of all the amendments in this group, particularly Amendment 212, to which I have attached my name. As has already been widely noted, it has broad, cross-party support. I would have attached my name to Amendment 218A had there been space and to Amendment 218E had I caught up with it; I will certainly talk to the noble Baroness, Lady Coffey, should she be thinking about bringing it back on Report, having at Second Reading praised the noble Baroness’s contributions in that direction.

Like that of the noble Baroness, Lady Hayman, my speech at Second Reading majored on the fiduciary duty issues, which this group very much gets to the heart of. I was very interested in the comments made by the noble Baroness, Lady Penn, on the TNFD. It is great to hear such broad political support for that; I hope that it is something we can take forward.

I will mostly focus on Amendment 212. Noble Lords might expect me, as the Green, to get up and talk about the climate emergency—that is standard—but what I am really getting up to talk about today is financial risk. I am talking about the carbon bubble, which is a very severe risk, among many other risks, that all pension savers face. There is a strong economic case for green pensions reform. UK pension schemes have been estimated to hold at least £88 billion in fossil fuel companies and £10 billion in thermal coal alone. Here, I will drop in statistics relating to the biodiversity point: UK pension schemes hold £300 billion in companies linked to deforestation, more than 85% of leading schemes have been found to lack credible climate action plans, and only 4% of pension assets are invested in climate solutions, the things that could be providing the long-term future.

One of the issues that this amendment brings forward is the fact that there is a lack of monitoring of this situation by both the Government and the Pensions Regulator. There were a number of Written Questions in the other place in September about the risks of stranded assets, contribution to fossil fuels expansion and investments in fossil fuels. The Government’s response was that they did not have any estimates on these matters. Subsequent Written Questions led to the understanding that the Pensions Regulator also has no estimates on these matters. There is already some data on this, which is being captured by independent organisations—but I am afraid that is really not good enough. The carbon bubble is something the Government really need to have a handle on.

As some other speakers have already said, we know that many of the largest pension schemes, including some of the biggest names, continue to be invested in thermal coal, as well as other very marginal fossil fuel extraction, which will swiftly become uneconomic as global demand tails off. That is already happening with thermal coal. The International Energy Agency’s Electricity 2026 report, out earlier this month, suggested that global demand for coal has already peaked. China and India, as well as Europe, all saw declines in 2025, yet these investments are still happening.

It is common for the idea to be floated that pension schemes should not exit these investments, despite holding them solely for short-term benefit and for the ruination of other holdings in pension savers’ portfolios, but should try to engage in the companies concerned. However, this has not had any discernible impact. After decades of so-called engagement, no coal mining firm has set strong decarbonisation targets, and it is very hard to see how they might actually do so.

Many oil and gas firms are nominally signed up to far away 2050 targets. I am sure we have all heard the phrase that having a 2050 target is the same as having no target at all. Barely any have anything like a fast enough transition to come anything close to being Paris-aligned. We saw with BP and Shell how quickly firms row back from hard-won targets when their CEOs change or a few shareholders start to grumble. What we are talking about here, I stress, is an approach to protect pension savers’ financial interests. When the UK Government’s policy is moving towards decarbonising the economy, UK pension policy should not be undermining that, particularly when it comes to thermal coal overseas.

[Lord Pitt-Watson (Lab)]

My Lords, in contributing here, I should say my background is in responsible investment, with Hermes Fund Managers. It still on occasion offers me an office, from time to time. Since this is about responsible investment, as you can imagine, I could not more strongly support the principles of what we are debating here if I tried. I also absolutely welcome the cross-party nature of this: my noble friend Lady Griffin speaks from a trade union representing beneficiaries of pension funds. However, I am just not sure that these three amendments get us where it is that we want to get to.

To start with the trustee issue raised by Amendment 218A, of course trustees should take into account systemic issues in their investment and stewardship, and they should do so in the interests of the economic, environmental and social interests of their beneficiaries. We make a mistake if we separate those interests because they go together. If we want evidence of the significance of that, we might look at research from Columbia University suggesting that 85% of the return you get from your pension fund will be systemic and only 15% will be from idiosyncratic things that your fund managers have done.

--- Later in debate ---

[Baroness Sherlock (Lab)]

My Lords, I am simply not going to relitigate that all over again. Okay, I will give it two minutes, since the noble Lord has raised it. If he is referring to asset allocation mandation, as I made very clear during our debates on that subject, the trustees’ fiduciary duty should guide them, were those provisions ever to come into operation. If the trustees believe that they were not in the interest of their members, we would expect their duties to guide them to make representations and seek an exemption under the savings interest exemption test. That, along with all the other safeguards around it, deals with that question. Now, let me try and focus on climate for today; I have no doubt we will have plenty of other opportunities to discuss mandation, and I look forward to those.

Under the existing regulatory framework—I think that the noble Baroness, Lady Stedman-Scott, put it very well—trustees of UK pension schemes must already set out their policies on financially material environmental, social and governance factors, including climate change, within their statement of investment principles. They then have to publish annual implementation statements showing how those policies have been applied in practice. Since the Pension Schemes Act 2021, the larger schemes also have to publish annual reports aligned with the Task Force on Climate-related Financial Disclosures framework, the TCFD. Those disclosure requirements ensure that trustees have the information they need to make informed investment or divestment decisions.

The Government are strengthening these reporting frameworks to equip businesses and investors with the tools, standards and clarity they need to plan credible transitions and seize the opportunities of a net-zero economy. For example, last year DESNZ advanced an important manifesto commitment and consulted on transition plan requirements for UK financial institutions. Alongside that, DBT consulted last year on new UK sustainability reporting standards. My own department, DWP, working with the Pensions Regulator, is currently reviewing trustees’ TCFD requirements to assess the impact of the current climate disclosure regime, including a comprehensive stakeholder survey exploring the impact of TCFD requirements on governance, strategy, scenario analysis, risk management, member outcomes, engagement, reporting costs and future reporting. To support that, the regulator will present its findings on the practicalities of introducing transition plans for pension schemes to us this spring. These future reporting reforms are intended to modernise disclosures and provide schemes with critical insights into companies’ decarbonisation plans, which is information trustees can then use to judge whether investment or divestment is the appropriate course of action.

We should acknowledge the scale of the voluntary action that is already under way. Around two-thirds of UK pension funds now have net-zero commitments, many of them ahead of 2050. Funds are backing these commitments for significant investment: the London Pensions Fund Authority has allocated £250 million to its environmental opportunities fund; Border to Coast is investing in new UK wind and solar projects; and Nest has committed almost £1.3 billion to renewable energy infrastructure.

There is no single correct approach to managing climate-related risk. Trustees can, and do, divest where appropriate—for example, the Church of England Pensions Board announced its divestment from Shell plc and other remaining oil and gas holdings in 2023, following more than a decade of engagement. However, we recognise that some pension funds could, and should, be doing more. We will continue to support and challenge the sector in rising to that task. The right levers are better governance, better data and better transparency, not hard-wired requirements to decarbonise that remove trustee judgements and risk unintended harm to savers’ long-term outcomes.

Amendment 212 would prohibit schemes holding certain fossil fuel-related investments, even where companies have credible decarbonisation plans. The Government believe that such rigid prohibitions risk rushed divestment and would undermine trustees’ ability to exercise informed judgement. For those reasons, the Government cannot support this amendment.

[Baroness Bennett of Manor Castle (GP)]

It is very easy to cherry-pick individual schemes that have taken action but, as I said in my initial comments, the Financial Innovation Lab says that there are still more than £10 billion in thermal coal investments. Some industry research due to be published shortly by Corporate Adviser Intelligence shows that seven of the largest 19 schemes used for automatic enrolment, including Aviva, Royal London and Scottish Widows, remain invested, via their default fund, in one or more of thermal coal, tar sands and Arctic drilling. Another, SEI, reported that it has excluded these sectors but, last summer, it still had holdings in Glencore, which mines around 100 million tonnes of coal a year.

So, although there are these nice examples, such as those just provided by the Minister, surely the Government must look at this as an overall whole and see not just some good case studies but the norm and the rule right across the industry.

[Baroness Sherlock (Lab)]

It is probably worth me being really clear on the Government’s position. We recognise the high financial and climate risks associated with thermal coal investment. We support strong climate risk governance and expect trustees to integrate climate considerations into decision-making. We welcome industry-led reductions in coal exposure, as well as broader alignment with net-zero goals where we see them. However, we want to see more. As I have just said, we want specifically to challenge schemes to do more; I was offering examples of where things are going. Exposure is expected to decline over time, driven by market forces, global moves towards cleaner energy and evolving investment practices, but we still think that it is essential that trustees and managers retain the flexibility to make responsible long-term investment decisions in the best financial interests of their members.

I turn to Amendment 218A from the noble Baroness, Lady Hayman. I thank her for taking the time to come and discuss these issues with me; it was a very helpful meeting. The question of whether pension trustees may take long-term factors into account in their investment decisions is manifestly not a new one. I will not rehearse the full history, but we should acknowledge the considerable body of work that already exists in this space; in case I did not want to do so myself, the noble and learned Lord, Lord Thomas, helpfully reminded us of some of that. We had major contributions from the Law Commission in both 2014 and 2017. More recently, in 2024, as the noble and learned Lord said, the Financial Markets Law Committee produced its comprehensive report. Alongside these, there have been several respected legal opinions, including Eversheds’ work on behalf of NatWest Cushon and that of Sackers for ShareAction, which relates directly to this amendment.

Across all these analyses, one central principle emerges with complete consistency: a trustee’s primary duty is, and must remain, to invest in the best interests of scheme members. However, what is equally clear is that a degree of uncertainty persists, although I take the noble and learned Lord’s point on whether or not it should. Trustees can, and do, reach different interpretations of how their duties apply when considering factors that extend beyond immediate financial returns, such as climate risk, demographic pressures and impacts on members’ future living standards. Although these matters are often long term in nature, they can be financially material and are plainly relevant to both savers and the wider economy. We recognise the need to give trustees greater confidence in this area.

However, the Government do not agree that creating a new statutory duty in primary legislation is the right or necessary approach. The current legal framework already allows trustees to consider ESG factors, systemic risks and long-term impacts where they are financially material. That position has been consistently affirmed.