Pensions Bill

Caroline Lucas Excerpts

Tuesday 29th October 2013 Commons Chamber

I do not have any problem with the spirit of the new clause and amendments, but we are trying to consider this issue across Government. One of the funny things about being the pensions Minister is that if I go to a conference on pension funds and climate change, I have to get briefed by the Department for Business, Innovation and Skills because it does fiduciary stuff, and by the Department of Energy and Climate Change because it does climate change. Rather than amend pension legislation to deal with this little bit of the picture, we are trying to take an holistic view. As the hon. Member for Brighton, Pavilion knows, we have had the Kay review of fiduciary duty and long-termism, and we have the Law Commission review. We are trying to be as careful and as cross-departmental as we can, so we want to look at the whole investment chain and at how corporate governance, the law of the land and pensions will be affected, to make change in an integrated and connected way.

[Caroline Lucas (Brighton, Pavilion) (Green)]

I am grateful to the Minister for his positive comments. I take the point that the pension aspect is not the full picture, but it is a big part of it. If we want to make quicker progress on this issue, can he advise where we should best table our next amendments?

[Steve Webb]

In someone else’s legislation—[Laughter.] Just between ourselves, I encourage the hon. Lady to keep up the pressure across Government, including at Business, Innovation and Skills questions, Energy and Climate Change questions and Work and Pensions questions. To be frank, this issue is not always at the top of the pension agenda, so I welcome the amendments for that reason. I am reluctant, however, to amend the Bill in a piecemeal fashion, when I hope that we can have a more overarching framework affecting company law, business regulation and the duties of trustees not only in pensions but beyond. I am sympathetic to what she is trying to achieve, but we want to do it in a systematic, cross-Government way rather than dealing with just a bit of the issue. I look forward to hearing what she has to say, but I hope that she will withdraw new clause 12.

Scale is important. I do not think anyone doubts that, on average, bigger schemes produce better outcomes than smaller schemes, in the sense that, typically, bigger schemes have lower costs; they have the potential to diversify and pool risk; they have access to investment vehicles that smaller schemes perhaps do not; they have access to better quality investment advice; and they have more experienced trustees. We can see why, on average, a big scheme will probably do better than a small scheme. Just as the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East is searching for golden bullets on independent trustees—

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[Richard Graham]

That is an interesting point. The answer is yes, but they are not in the hundreds. They come in two types. One type number those who are either still working there and are concerned about possible changes to the defined benefit scheme and exactly the issue I have just gone through with the Minister. I hope that that will be reassuring to the hon. Lady’s constituents as well as to mine.

The second type of person who has been in touch relates to the third constituency query I was going to raise: those members who are covered by the Electricity (Protected Persons) (England and Wales) Pension Regulations 1990. I see the hon. Member for North Ayrshire and Arran (Katy Clark) nodding and suspect that she has been contacted by people in a similar situation. The issue is that their pensions might be affected by changes to their pension schemes to reflect these higher national insurance costs. I understand that the Government have still not responded to their own consultation on whether to exempt protected persons from these changes. The Minister might care to comment on that later. It might be something that the Treasury is involved in, alongside the Department for Work and Pensions, but I think that it would be right to express concern on behalf of some of the pensioners involved. However, I understand that there is an argument that both existing pensioners and current members of a pension scheme should be treated with consistency on that. I raise the issue so that the Minister can respond. Those were the three queries on bereavement, change of occupational schemes—which has been answered—and the protected persons scheme.

In conclusion, what the Government are proposing in the Pensions Bill is important and will make a difference. The changes will enable people to save and that saving will pay. The technical details, which the Minister covered earlier, are important for smoothing out some of the small but niggly details that will affect our constituents in due course.

At the risk of repeating myself, I am disappointed by the approach taken by the shadow Minister, the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East. For him and his party to fall back on a slogan of “consultation not action” really was disappointing; after 86 minutes we would have hoped for a great deal more clarity on his precise proposals. What exactly does he intend to do on charges? In the absence of such clarity, I hope that he and Members from all parties will make substantive contributions to the consultation so that we can agree on the charges, make changes to the annuity details and say with pride to all our constituents that this Pensions Bill will make a difference to all our lives in retirement.

[Caroline Lucas]

I have tabled new clause 12 and amendments 54 and 55 to highlight the need for the Department for Work and Pensions to address the systemic risks posed by climate change and natural resource depletion to pension schemes as a whole, and to suggest some positive solutions.

The Minister has already mentioned the report launched today as part of the new green light campaign by ShareAction, in partnership with the trade unions and environmental groups, which highlights the urgent need for reforms to the pension industry to ensure that it takes greater account of climate and environmental risks. I am glad that the Minister was able to be present to launch it.

Obviously, pension funds use the money paid into them every month to make investments in shares of companies, bonds, properties and other assets, which makes them enormously powerful players in shaping the economy, especially as they have significant investments in fossil fuel companies. However, if we want to keep climate change below dangerous levels, we need pension funds to fund and support a low-carbon economy by, for example, investing in clean technologies and low-carbon infrastructure projects. Moreover, today’s report shows that the UK pension funds have £3 trillion at risk from so-called unusable fossil fuel investments—fossil fuels which, if we are serious about keeping to our climate change commitments, we simply cannot afford to burn. That is a huge threat to the incomes of future pensioners.

In the UK an increasing number of voices are speaking out about the need for pension funds and others to divest themselves of fossil fuel assets. Operation Noah has launched “Bright Now”, a church divestment campaign whose first success came early this month when Quakers in Britain announced that they will disinvest from companies engaged in extracting fossil fuels, which made them the first UK Christian denomination to do so.

UK university students are increasingly engaged in divestment campaigns, as evidenced by the work undertaken by People & Planet. To date, there are 19 active divestment campaigns across the UK, including universities with large endowments: Cambridge, Oxford and Edinburgh.

Looking further afield, 70 of the largest pension funds in the US and the world issued a statement last week setting out their view that major fossil fuel companies may not be as profitable in the future, precisely because of efforts to limit climate change. They are asking for details on how the firms will manage a long-term shift to cleaner energy sources.

Here at Westminster, the recent Business, Innovation and Skills Committee report on the Kay review of the UK equity market and long-term decision making, which was produced earlier this year, recommended that the stewardship code should do more to address environmental, social and governance factors and systemic financial risks, as well as calling for more robust reporting on conflicts of interest.

I agree with the Minister’s comments this morning about the need for a fiduciary duty to consider climate and environmental risks to our pension system and for this to be in the mainstream, first, because that is important to reduce the risks to pension holders themselves, and secondly, in order to harness the huge contribution that pension funds can make to the massive investment that we need in clean energy infrastructure. New clause 12 and amendments 54 and 55 make modest proposals of ways in which the Department could make that happen.

New clause 12 would require the Secretary of State to

“commission an independent review of the implications of climate change and natural resource constraints for the sustainability of private pensions.”

The review should

“consider the implications for long-term investment outcomes for members of work-based pension schemes of potential…systemic risks posed by high levels of exposure to fossil fuels and other carbon-intensive assets…economic and physical impacts of climate change under various climate mitigation scenarios; and…constraints on the availability of non-renewable resources”,

such as food, land and water resources.

That proposal builds on a landmark paper by the actuarial profession that modelled the implication of resource constraints for private pensions and found that, even in the best-case scenario, pension outcomes are likely to be worse than predicted because the industry is not factoring in risks associated with those constraints on food, water and land. In the worst-case scenario, savers in the model of a defined-contribution pension scheme were only half as well off, while the defined-benefit pension scheme became insolvent. The new clause also builds on work by Carbon Tracker on unburnable carbon, which shows that if the aim is to secure long-term returns, divesting from fossil fuel assets would be a pretty sensible thing to do.

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[Sir Peter Bottomley]

I find that shaming.

One of the reasons to be active in public service is to identify injustice and to work against it. It might take months, years or decades, but this is a fight for which I would like to see more support from the Opposition and from those on my own side. My hon. Friend has mentioned Jim Tilley. I want to mention John Markham, the director of public affairs for the International Consortium of British Pensioners, who is based in Toronto, in Canada. He has pointed out:

“Approximately 10% of all pensioners live abroad, roughly 1 million people. Of that million, 50% receive annual increases to their state pension, and the other 50% do not, solely based on country of residence.”

That arbitrary, historical decision is unjustifiable.

I am not going to quote back to the Minister what he said about this before he became a Minister. Some people have to go through that embarrassment, but I do not want to subject him to it. I will say, however, as we approach Remembrance Sunday and Armistice day, that the countries in which we have shared war memorials are those most likely to be affected. They are the countries whose people served in the former British empire and Commonwealth armies, and those people are the ones who are not getting the increase.

John Markham goes on to say:

“The recent select Committee on the new single tier Pension Bill declared it to be an anomaly that should be fixed.”

I have mentioned the Oxford Economics report. The Department for Work and Pensions might say that that was just a small survey, and that the benefits would take years to accrue. Well, the sooner we start, the better. The argument for doing it is not that it will pay this country, but that it is right.

I could go through the other arguments used by Julian Ridsdale, but there is restricted time for the debate, and it would be interesting to hear what the Labour Front-Bench team has to say. I know, too, that others wish to speak on this issue and to other amendments in the group. Let me declare the best judgment at the end of this debate. We will say no to clause 20, but we will not force a walk-through Division. That is a way of illustrating what we feel, without unduly taking up the House’s time, when Third Reading is also ahead of us. I hope the House will understand that.

[Caroline Lucas]

I am pleased to follow the hon. Member for Worthing West (Sir Peter Bottomley), who has spoken passionately about the importance of fairness and justice. I believe that those very same principles underlie the issue I want to raise this afternoon. I want to speak to my new clause 6, while confirming my support for new clause 8. Those new clauses both relate to the group of women who will not qualify for the single-tier pension, whereas men with the same date of birth will.

One of my constituents, Catherine Kirby, has been a passionate and tireless champion for women in her position. Understandably, she feels that she and others in her situation are faced with a dual disadvantage of being subject to an increase in the state pension age under the 1995 Act, while being denied eligibility for the single-tier pension. Not all, but some of these women will be left with a lower weekly state pension compared with men of the same age. No wonder my constituent, like many others, believes this creates unnecessary and unjustifiable inequality and discrimination.

The Minister has said in the past that women in the position of my constituent should defer, but for those on low incomes who are unable to work and do not have a convenient pot of money, that is not an option. He has explained in the past that because the new system excludes additional benefits such as for bereavement, it is not possible for the Government to tell women what would be best for them. For some women, however, that is simply not relevant to their situation. They already know that they would be better off—by £15 a week, in Catherine’s case, which is significant.

The Minister has said that, over a lifetime, most of these women would get more than the average man with the same date of birth, but theoretical lifetime averages are simply irrelevant to the difficult financial situation faced by my constituents and others in the real world. It is their weekly pension income that matters, and I believe that that is what should occupy our attention as their representatives.

I will support Labour’s new clause 8, which calls for a review of whether all women born on or after 6 April 1951 should be included within the scope of the new pension arrangements. That is not my preferred option, however. Not all will definitely lose out, and I do not think we necessarily need a review to find a solution that works for the relatively small but important number of women who may lose out.

My new clause 6 simply gives these women the right to choose to receive their state pension and associated benefits under the new state pension system set out in part 1 from its introduction in April 2016, if they judge it to be in their best interest to do so. It would not require the Government to tell them what to do, merely to ensure that information about the full range of entitlements under the old state pension rules and the new state pension is available to allow women to make a comparison of total weekly income. The responsibility for making a choice would rest fully with the individual.

I believe this group of women deserve a much better deal, and if that means upgrading to the single tier, that should be permitted. If the Government do not do that, it will be an example of blatant discrimination. It would not be difficult to remedy the situation and it would make a huge difference to the women involved. This group of women certainly deserve better. They are the generation who campaigned for equality for women. They began their working lives being discriminated against; the Government can and should give them the right to be included in a new single-tier pension to ensure that they do not end their lives feeling discriminated against, as well.

[Sir Roger Gale]

Jim Tilley’s old friend, the British widow living in Australia on a frozen pension of less than £7 a week, is not a statistic. She is the difference between what is right and what is wrong. If this country cannot do what is right, I have to say that I feel a great sense of shame. The denial of the money to people who have in many cases served their country and fought for it—some of their friends and families have died for this country—and who have worked here and paid their taxes, is indefensible. Their case is morally right.

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[Steve Webb]

I was asked about the issue when I appeared before the Select Committee, and I said that I sympathised with the pensioners we were talking about. I commented that my sympathy would butter no parsnips, meaning that it would not be worth a huge amount to the people involved, but I was vilified for using that phrase. I am not quite sure what to say, but I sympathise with the point that was made.

My hon. Friend the Member for Worthing West gave an example of someone on a pension of a few pounds a week being topped up by the Australian Government. I do not know about the individual case, but in general if all we did was increase that pension, we would not necessarily increase the pensioner’s standard of living, because all that would do is take money out of what they get from the Australian Government. If we are concerned about their standard of living, increasing their pension in a means-tested system would not necessarily help.

The hon. Member for Brighton, Pavilion (Caroline Lucas) asked about giving women between 51 and 53 a choice, and when the shadow Minister was asked for his opinion, he said that it was that we should have a review. Obviously that plays to the gallery and sounds sympathetic, but it is not actually suggesting a solution. The complexity that the hon. Lady and I have talked about is not so much that we could not give people all the information, because we could, although it is complicated to put across; the problem is that nobody knows what their future is. A woman could choose to take the single-tier pension on day one, which would look like the right thing to do because she would get more than she does under the current system, but if her husband died the next day she would not get a derived widow’s pension and she would have made herself worse off as a result.

[Caroline Lucas]

I take the Minister’s point, but my point is that it should be for that woman to decide. Yes, there is a risk, but she is better placed to make the judgment than he is. Many women would want that change, and he has not given a good reason why it should not happen.

[Steve Webb]

In addition to the issue of people who will subsequently be bereaved is that of people who will flow on to savings credit, and nobody can possibly know whether, at some point during the course of their retirement, they will move on to that. Although I understand the concerns that have been raised, that group of women have actually benefited from the triple lock that we have introduced. Far from doing them down, as the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Gregg McClymont) has suggested, we have improved their pension position. On his more general point about the position of women in the pension system, this whole Bill is about improving that position. That is why I urge the House to reject the amendments and to support the Bill.