Pension Schemes Bill

Debate between Baroness Neville-Rolfe and Baroness Noakes

Report stage
Thursday 19th March 2026 Lords Chamber

[Baroness Noakes (Con)]

My Lords, I am sorry for forgetting having agreed to that intervention.

In moving Amendment 105A, I will also speak to Amendments 114 and 115 in this group. I thank my noble friends Lady Stedman-Scott and Lady Neville-Rolfe for adding their names. In the previous group, we concentrated on size not being everything when determining which pension schemes will be allowed to live on after the consolidation enforced by the scale requirements. My noble friend’s Amendment 77, which the House has just agreed to, has modified the size test. However, even with that important change, the scale requirements will represent a major market intervention by the Government. It is the DC schemes market that I am addressing with these amendments.

My amendments focus on the role of competition and innovation. The one thing that we really need in the long term is a market that will continue to evolve and work for the interests of pension savers. The one thing that we do not need is a mature market consisting of a limited number of large players untroubled by the potential for market disruption. Mature markets can still be competitive and there would be incentives to innovation within a mature market, but that innovation tends to focus on incremental and often process-based improvement. The plain fact is that factors such as incumbent inertia and investment in legacy systems act as counterweights. Disruptive innovation is typically associated with new entrants that spot underserved markets, structural rigidities and the opportunities to harness technological breakthroughs. They do not all succeed but often end up reshaping mature markets, such as is happening with fintechs.

The rules that the Bill sets out for pension schemes must ensure that the benefits of competition and innovation, which ultimately deliver better returns for pension savers, are kept alive and well in the new pension scheme universe that the Bill will deliver. My Amendments 105A and 115 focus on the regulation-making powers surrounding the new scale requirements in Clause 40, and the new entrant and consolidation powers in Clauses 42 and 44. They would both require those making the regulations to have regard to

“the encouragement of innovation in the design and operation of pension schemes, and … the benefits of competition among providers of pension schemes”.

These regulation-making powers will be operated in part by the Secretary of State and in part by the FCA and the Pensions Regulator. The important thing is that, when deciding on the regulations, the person making them must keep competition and innovation in mind as relevant factors for shaping how the detailed rules are framed and will affect how the market develops over time. This is especially important in relation to the Pensions Regulator, whose statutory responsibilities are very narrowly drawn and do not extend to the pension provision market as such.

My other amendment in this group, Amendment 114, would add competition and innovation to the matters to be addressed by the review of non-scale default arrangements as required by Clause 43. I am currently minded to test the opinion of the House on the two amendments seeking to affect the regulation-making powers—Amendments 105A and 115. I beg to move.

[Baroness Neville-Rolfe (Con)]

My Lords, I support Amendment 105A and the proposed new clause in the name of my noble friend Lady Noakes, to which I added my name. It is essential, in my view, to require the regulations to be pro-innovation and pro-competition rather than over-exclusionary. The £25 billion minimum provided for in the Government’s reforms seems set to deter innovation. My noble friend Lady Noakes has explained the case and the reach of our proposal very well, so I will not speak at length.

I was a trustee of the pension fund at Tesco, which at the time was worth less than £25 billion. We were innovative: we invested in private equity, including US private equity, when others did not, and we had part of our portfolio in housing—just the sort of innovation that the Chancellor is seeking to encourage. However, today that would not be seen as innovation. I am sure that my successors are looking at today’s innovative investments: fintech, quantum, space, rare earths, new types of weapons and other types of disruptive innovation. I have also been struck by the arrival in the pensions market of online-only operators. They started small, made good returns and are a growing part of the market.

National Insurance Contributions (Secondary Class 1 Contributions) Bill

Debate between Baroness Neville-Rolfe and Baroness Noakes

Report stage
Tuesday 25th February 2025 Lords Chamber

[Baroness Neville-Rolfe (Con)]

My Lords, I will speak to my amendments in this group and to Amendment 42 in the name of my noble friend Lady Lawlor.

One of the difficulties the House has faced in dealing with this Bill has been the Government’s refusal to provide official estimates of the effects they expect the proposals to have on the individual sectors of the economy where its effects are likely to be the most profound. When we discussed their assessment in Committee, the Minister referred us to the impact note published on 13 November 2024. But I am afraid it is a very limited document, with only five pages of substantive text and no detailed assessment of the impact of the national insurance charge on a number of very important areas. Given the harm this policy will have in the many sectors we have already discussed, it is vital that the Government assess this properly. So, as a second-best measure, we have suggested additions to the Bill requiring the Government to look at the various areas of concern and make an assessment of the effect of the NICs changes—including the employment allowance, which should of course limit the damage to the very smallest businesses.

My Amendment 38 would require a sector-by-sector analysis of the impacts of the Government’s jobs tax. I am very grateful to my noble friend Lady Noakes and the noble Lord, Lord Londesborough, for supporting the amendment. It includes key areas that are adversely affected but that we have barely discussed today, notably hospitality, the creative industries and retail, whose challenges were starkly set out in Committee by my noble friend Lord Wolfson of Aspley Guise, with his unique experience of the sector.

Amendment 37 seeks to establish the Government’s view on the effect of the jobs tax on economic growth. We know that economic growth is the Chancellor’s number one policy, so I hope the Minister will be able to give the House some clarity on the Government’s expectations in this area. I also support my noble friend Lady Lawlor’s Amendment 42 and look forward to hearing from her.

We are very concerned about the Government’s failure to publish a full sector-by-sector impact assessment for this policy. I therefore intend to test the opinion of the House on my Amendment 38.

[Baroness Noakes (Con)]

My Lords, I have added my name to my noble friend’s amendment. We debated impact assessments several times in Committee and the Minister’s reply was always the same formula. It went along the lines of: “HMRC has published a tax information note”—which the rest of the Committee thought was wholly inadequate—“and the Government never do any more than this on tax legislation. The Government intend to do no more in respect of this Bill”. That was not a proper debate on impact assessments. The formula hardly changed over the four days we spent in Committee. The Minister eventually cited some precedents, but they were much smaller in scale and different in impact, and provided a precedent only really for the fact that the Treasury treats Parliament with contempt when it comes to providing full information on legislation. It is about time that Parliament stood up to the Treasury. I urge noble Lords to support my noble friend’s Amendment 38.