Financial Guidance and Claims Bill

Guy Opperman Excerpts
Monday 12th March 2018

(6 years, 7 months ago)

Written Statements
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Guy Opperman Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Guy Opperman)
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I am placing in the Library of the House the Department’s analysis on the application of Standing Order No. 83L in respect of the Government amendments tabled for Commons Report stage for the Financial Guidance and Claims Bill.

[HCWS528]

Draft Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2018 Draft National Employment Savings Trust (Amendment) Order 2018

Guy Opperman Excerpts
Tuesday 6th March 2018

(6 years, 8 months ago)

General Committees
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Guy Opperman Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Guy Opperman)
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I beg to move,

That the Committee has considered the draft Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2018.

None Portrait The Chair
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With this it will be convenient to consider the draft National Employment Savings Trust (Amendment) Order 2018.

Guy Opperman Portrait Guy Opperman
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It is a pleasure to serve under your chairmanship, Mr Bailey. The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order aligns the lower and upper limits of the qualifying earnings bands for automatic enrolment with the respective national insurance thresholds of £6,032 and £46,350, ensuring stability and consistency in the way ahead. The order does not change the earnings trigger, which remains at £10,000. That strikes a balance between bringing in those most likely to benefit from pension saving with affordability for employers. The decision to maintain the alignment of the lower and upper earnings qualifying bands with those for national insurance contributions maintains simplicity and consistency and minimises burdens on employers.

The National Employment Savings Trust, commonly known as NEST, was established to support automatic enrolment by ensuring that all employers have access to a low-cost workplace pension scheme to meet their duties. NEST was specifically designed for and targeted at low to moderate earners and smaller employers that the wider pensions market had historically failed to serve adequately. It has a public service obligation to admit any employer that wishes to use the scheme to meet their automatic enrolment duties. It is a success. It has more than 6 million members, in excess of 554,000 participating employers and more than £2.4 billion of funds under management. All the measures in the order will improve the way in which the scheme operates for participating employers and members.

There are four minor and technical changes that I will briefly outline. First, there is a change to contractual enrolment. The order will make it possible for participating employers to enrol their workers in NEST whether or not the automatic enrolment duties apply to the employer. Secondly, the order will require the NEST Corporation to carry out research with scheme members and participating employers or their representatives in connection with the operation, development or amendment of the NEST pension scheme. Thirdly, the order will give NEST the ability to remove a member with an empty account from the scheme where certain conditions are met, including if the account has been empty for at least 12 months. These accounts are of no value to the member and incur administrative costs for other members. Finally, the order allows an individual to join NEST in the event of a bulk transfer with consent.

All the changes are deregulatory and positive for employers, but they are minimal. They are not expected to have a material impact and they will mitigate NEST scheme inefficiencies. I commend the order to the Committee.

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Guy Opperman Portrait Guy Opperman
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I will address those points. In relation to my friend, the hon. Member for Birmingham, Erdington, it is fair to say that we all wish to have larger numbers of the self-employed signing up to automatic enrolment. That is a manifesto commitment by this party and it is being pursued. A number of pilot projects are on the go, and the hon. Gentleman will know from the debate we had on this particular issue last week that he is welcome to attend the two-day seminar at the Association of British Insurers on 26 March to explore the specifics of how we involve greater numbers of the self-employed. We will be using the private sector to assist us on that particular point.

In relation to the present limit of 8% of savings under automatic enrolment, it is entirely the case that we wish to get 8% over the next two years. However, we all accept that is not sufficient in the longer term and there is a commitment across the House of Commons to push beyond that 8%, because the savings required on a longer-term basis are clearly going to come to more than that.

The hon. Gentleman knows—and referring to the points made by the hon. Member for Aberdeen North—that the auto enrolment review that reported to the House in December last year set out the reasons why long-term considerations should include a reduction to the first £1 people earn, bringing the qualifying age down from 22 to 18, and addressing the lower earnings limit. I am pushing back on the consultation on that, given that there was a review throughout pretty much all of 2017 across the entire sector. We then received information independently from a number of different experts as to why we should go down to 18 and why we should start from the first pound.

The main objective for the Department and the Government is to ensure that the April rises in 2018 and 2019 proceed in the appropriate way. If the hon. Member for Aberdeen North feels that there has been insufficient consultation, I take that on board. I propose to look at the documentation and write to her in detail. I take on board her point that there has to be consultation in future. I believe that I can provide quite a detailed explanation and I am happy to do so in writing.

Question put and agreed to.

draft national employment savings trust (amendment) order 2018

Resolved,

That the Committee has considered the draft National Employment Savings Trust (Amendment) Order 2018.—(Guy Opperman.)

Pensions Auto-enrolment

Guy Opperman Excerpts
Wednesday 28th February 2018

(6 years, 8 months ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Guy Opperman Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Guy Opperman)
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My right hon. Friend makes a crystal clear point about the tipping point that we will all reach at a certain stage of our lives. Does he agree that a pensions dashboard that provides greater transparency and access, and a mid-life MOT whenever we judge our mid-life is—between our 45th birthday and our 50th birthday is the optimum time for that reassessment to take place—will address the point he rightly makes?

Stephen Crabb Portrait Stephen Crabb
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I agree with everything my hon. Friend says. Pension freedoms are great, but we want people to be well informed and educated about the consequences of the choices that will be available to them, particularly when it comes to drawing down large cash lump sums from their retirement pots.

Low opt-out rates are part of the success story of auto-enrolment, but let us not be complacent about them. So far, contribution rates have been very low. Those rates will go up this April and again in April 2019. Despite all the positive effects of increasing the minimum wage and raising the personal allowance threshold for income tax, there will be people on lower incomes who feel a financial pinch in their take-home pay, and opt-out rates may increase as a result. I encourage the Minister to monitor what goes on in response to the increase in contribution rates and to be ready to reinforce the strong positive messaging about the importance of employers and employees sticking with their pension arrangements so that they do not see that increase as a reason to get energised and look at actively opting out of the system.

My hon. Friend the Member for Chippenham mentioned young people. I strongly welcome the Government’s indication that they will look to lower the minimum age threshold to 18, but why 18? If 16 and 17-year-olds are working and earning £10,000 or more, why should they not also be captured by auto-enrolment and benefit from it? No 16, 17 or 18-year-old should leave school without basic education in what auto-enrolment is all about and without being equipped to make good decisions.

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Guy Opperman Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Guy Opperman)
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I am delighted to respond to the important and timely debate introduced by my hon. Friend the Member for Chippenham (Michelle Donelan). She is right that this is the first time that this important issue has been debated in this Parliament since its introduction many years ago. This is an opportunity for us to air a variety of suggestions and ideas, which I will take on board. If I cannot address all the points she raised, I will definitely reply to her in writing.

It was kind of my right hon. Friend the Member for Preseli Pembrokeshire (Stephen Crabb) to describe me in the way he did. It is a rare day that a Conservative Minister gets a good report from the Trades Union Congress, where I spoke yesterday. My only thought as I was listening to his speech was that things can only go down from here. It is also the case that, while I take all the compliments on the work we do as a Department—it is a team game, as any Minister will say—it is patently clear that the Chief Whip, should he wish to replace me at any stage, has available a number of capable personalities who have auditioned impressively today in their speeches.

We are considering auto-enrolment following the Government review in December 2017. I pay appropriate thanks to all the many people who contributed to it. It is certainly the case that we should start with unequivocal support for the hundreds of employers that have all made an amazing contribution. There are 1,250 in Amber Valley, 990 in East Renfrewshire, 1,860 in Horsham, 1,330 in Preseli Pembrokeshire and 1,590 in Chippenham. They have effectively been part of the change of the contract that exists between employee and employer. In my respectful view, that is utterly key going forward.

That new contract, much as we see in relation to the living wage, sees a change in the employee-employer relationship, and we need to make the case that the employer pays in when an individual pays in. More particularly, I believe it has led to greater staff loyalty, greater retention and greater commitment to those businesses. We should support and applaud that on an ongoing basis.

It is an amazingly exciting time for me to have been given this job. It is one that I asked for, and the Prime Minister kindly added financial inclusion to my ministerial title. It is clear that the Government are committed to all aspects of financial inclusion and addressing debt advice and pensions guidance, whether that is through making pensions simpler, more accessible and increasingly transparent through the pensions dashboard; or providing improved debt advice, pensions guidance and breathing space, and cracking down on cold calling, which we are doing through the single financial guidance body, which is being created by the Financial Guidance and Claims Bill, which will return for debate in the House in approximately 10 days; or pioneering the mid-life MOT and the developments in auto enrolments.

The hon. Member for North Ayrshire and Arran (Patricia Gibson) made several points. I briefly say that the independent review of the pensions system she requested was done by the Government in March 2017—John Cridland very kindly did it. It included looking at life expectancy. Pensioner poverty has also reduced significantly under successive Governments, to give credit where it is due. The hon. Member for Birmingham, Erdington (Jack Dromey) made the fair point that the Labour party would like a consistency of approach. This is an example of that and, with respect, the raising of the state pension age from 1993 onwards is an example of consistent pensions policy across all parties.

More than 1 million employers are now successfully providing workplace pensions. It is a good time to take stock, because we are seeing the end of the first phase of our reforms as we go forward into the second phase and bringing on board newly created businesses into our growing economy. There will be approximately 180,000 to 210,000 new employers each year that will need to comply with automatic enrolment duties. They will very much receive assistance from the Government and the independent Pensions Regulator in taking forward that process.

I make it very clear—I say this in every speech that I give—that we need to change the way in which this country views savings, pensions and investments. We need a situation in which we are unequivocally supportive of enhanced savings, pensions and investments. Auto-enrolment will clearly make a massive difference, and the rises that we will see will clearly make a massive difference to savings.

In the limited time I have, I will try to address some of the crucial points that have been raised. Much was said about why we are delaying the implementation of reforms, whether it is the lowering of the lower earnings limit or the £10,000 limit, until the mid-2020s. I take the strong view that it is my job, helping the Secretary of State and No.10, to ensure that the April 2018 and the April 2019 increases land without a hitch. They are the most important things that the auto-enrolment review identified and, more particularly, that we need to get right.

Provided we get those two increases right, we can then assess where we are. We can then allow for the lessons to be learned and push on to further phases. On phasing, it is entirely right, as everybody has said on a cross-party basis, that 8% is not sufficient to retire. We all accept and realise that. The Government are crystal clear that it is not the end of the matter. We wish to continue with the April ’18 and April ’19 increases, and once we have done those, we will assess where we go thereafter. Hon. Members should be under no doubt that there is an acceptance in all parts of Government that 8% is not sufficient for a long-term retirement. There are various examples from around the world. Australia is several years ahead of us, and has pushed into double figures. That is clearly the direction of travel in which we will go at some stage.

My hon. Friend the Member for Chippenham raised several questions, and I will try briefly to answer some of them. I have a couple of quick points on the self-employed. NEST has a public service obligation to ensure that employers always have a scheme available for automatic enrolment. That now applies to the self-employed, who can join NEST itself. The review that identified the significant number of self-employed people—4.8 million—very much made the case that we need to come up with ideas to address that. The pilot projects we are putting forward aim to do exactly that. As my hon. Friend will be aware, NEST is pioneering the sidecar product.

I meet a number of private sector providers. I will shortly meet Plum, and there are others—to use a BBC expression, alternative providers are available. Clearly, Moneybox, Plum and Chip, and all these very interesting private sector providers that give alternative savings options, can be utilised. We are looking at such companies with great interest.

More importantly than that, we are trying to be immensely proactive. There will be the self-employed hackathon. If the invite to that has not landed in colleagues’ inboxes as yet, they should come on 26 March when, working with the Association of British Insurers at its offices, we will explore ways forward and the assistance we can give to the self-employed. There is absolutely no doubt that we want to do that.

State Pension Age

Guy Opperman Excerpts
Thursday 8th February 2018

(6 years, 8 months ago)

Commons Chamber
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Guy Opperman Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Guy Opperman)
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With permission, Mr Speaker, I will make a statement following the Opposition day debate on state pension age.

The decision to equalise the state pension age for men and women dates back to 1995 and addresses a long-standing inequality between men and women’s state pension age. This change was part of a wider social trend towards gender equality, but was also a decision, partly as a result of European and equality legal cases, relating to occupational pension provision.

During the Blair and Brown years, the then Government decided that a state pension age fixed at 65 was no longer affordable or sustainable. The Pensions Act 2007 introduced an increase in state pension age to ages 66, 67 and 68. The coalition Government brought in further changes under the Pensions Act 2011, which accelerated the equalisation of women’s state pension age and brought forward the increase in men and women’s state pension age to 66 by 2020. During the passage of this Act, Parliament considered a range of alternative options, resulting in a £1.1 billion concession that capped the maximum increase any woman would see in her state pension age at 18 months, relative to the Pensions Act 1995 timetable.

Many Members raised the issue of communications in the November debate. Since 1995, the Government have gone to significant lengths to communicate these changes. People were notified with leaflets, an advertising campaign was carried out and later individual letters were posted out. Those affected by the 1995 Act changes were sent letters informing them of the change to their state pension age between 2009 and 2011, with letters sent to 1.2 million women. Those affected by the Pensions Act 2011 changes were sent letters between January 2012 and November 2013, which involved sending over 5 million letters with an accompanying leaflet.[Official Report, 17 December 2018, Vol. 651, c. 3MC.]

Life expectancy and state spending are what have driven these changes. Society has changed in countless ways since the 1950s and life expectancy is no exception. A girl born in 1951 was expected to live to 81, and a boy to 77. By 2018, the latest Office for National Statistics cohort figures show an increase of over 10 years for newly born girls and over 12 years for boys, to 92 and 89 respectively. Life expectancy at older ages has also gone up during this period and is projected to continue to increase in future years.

These welcome increases in life expectancy of course have implications for the state pension. As people live longer, they invariably also spend longer in retirement. Had we not equalised the state pension, women would be expected to spend over 40% of their adult lives in retirement, a proportion which would only continue to increase. This situation is not sustainable for any Government and means increasing taxes for the working population. Going as far as some campaigners have urged and revoking the 1995 Act would represent a loss of over £70 billion to the public purse.

The state pension must be maintained on an affordable footing for future generations of pensioners and taxpayers. That necessitated the Government’s action to equalise and then increase the state pension age through the Pensions Acts of 1995, 2007, 2011 and 2014.

Any further transitional arrangement would come at great cost. The Government have considered many options and all of the proposals would be wrought with substantial legal problems, as well as financial ones. Any amendment to the current legislation which creates a new inequality between men and women would unquestionably be highly dubious as a matter of law. Causing younger people to bear a greater share of the cost of the pensions system in this way would be unfair and undermine the principle of intergenerational fairness that is integral to our state pension reforms.

Let me turn to some of the proposals from the debate. The Scottish National party seeks a full compensation package of at the very least the reverse of the 2011 Act. The SNP costed this at £8 billion, but that is a vast underestimate: it would actually cost the taxpayer over £30 billion and potentially even more. There is also no doubt that the Scotland Act 2016 gives the Scottish Government the powers they need to address this issue. The Labour Opposition have made multiple suggestions, with many seeking the full compensation package of £70 billion. In addition, they have proposed in their manifesto keeping the state pension age at 66. That would cost over £250 billion more than the Government’s preferred timetable by 2045-46. Payments on this scale are simply unaffordable and cannot be justified.

The key choice a Government face when seeking to control state pension spend is to increase state pension age or pay lower pensions, with an inevitable impact on pensioner poverty. The only alternative is to ask the working generation to pay an even larger share of its income to support pensioners. I believe that successive Governments have made appropriate but difficult decisions to equalise and increase the state pension age. A significant concession was made in 2011 so that no woman will see an increase to her state pension age of more than 18 months, relative to the 1995 Act timetable. To renege on our decisions and further increase costs to the public, especially the working population, would be unfair and unaffordable.

Jack Dromey Portrait Jack Dromey (Birmingham, Erdington) (Lab)
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I thank the Minister for his statement and for arranging to let me have sight of it earlier this morning.

The state pension for women born in the 1950s should be set in the wider context of the Government’s—uninspiring, I have to say—track record on pensions. Last July, the Government announced that they would be bringing forward the increase in the state pension age to 68 in 2037, justifying this on the increase in life expectancy. However, in the same week, the renowned expert on life expectancy, Professor Sir Michael Marmot, described how a century-long rise in life expectancy was

“pretty close to having ground to a halt,”

and had flatlined since 2010—in part, I have to say, the consequence of Government policy on austerity.

Since then, statisticians from the ONS have revealed that by 2041 life expectancy for men and women would be a year less than had been projected just two years previously. In addition the ONS has revealed that, although women continue to live longer in good health than men, their healthy life expectancy has decreased since 2009. Yet more evidence from Public Health England shows how deep inequalities in healthy life expectancy remain. On average, people in the UK are now projected to live shorter lives than previously estimated. Does the Minister agree?

It is in this context that the Government are failing women born in the 1950s. This statement does nothing to address the pensions injustice these women face. The Government have had multiple opportunities to act, so why is the Minister again refusing to use the opportunity of a motion passed by this House to do so and to take further steps? It is unacceptable that we are having to make this same argument and raise the same points again because this Government continue to refuse to help these women, who are suffering and losing out due to the acceleration of the state pension age and lack of proper notice. This issue is not going to go away. Why do the Government continue to act as though it will? This statement is, sadly but not unsurprisingly, yet another example of the Government’s failure to give women born in the 1950s the dignity and respect they deserve. It is a missed opportunity to take real action.

We have all heard often heart breaking stories from many thousands of women affected by the changes about how the situation they face is one of desperation and fear of poverty. Christine in my constituency is 62 and is now having to wait until she is 66 to retire, with both her husband and her father having just died. In her words, “Not that cleaning jobs are a bad thing, but I have never done a cleaning job in my life and I am now having to do three cleaning jobs to make ends meet until such time as I can retire.” That is wrong.

It is to this Government’s shame that they refuse to recognise the very real basis for the fears of women such as Christine. What immediate measures will the Government take to address this appalling situation? Does the Minister understand how difficult it is for many women in their 60s to retrain and access decent work? What support will his Department offer these women—or will he repeat the bizarre proposal made from the Conservative Benches that they might take up apprenticeships?

As we have repeatedly set out, there are several immediate actions the Government could and should take, but time and again they have refused. Can the Minister explain why he refuses to offer women affected by Government changes to the state pension age the cost-neutral option to draw their state pension at age 64, as we have proposed? That would allow women who choose it to retire up to two years earlier.

The pension age is due to rise to 66 by the end of 2020. We reject the Government’s proposal to increase the state pension age even further. We will act by putting in place a new review of the pension age, specifically tasked with developing a flexible retirement policy that reflects the contributions people make, the wide variations in life expectancy and the arduous conditions of some work.

It is also right to extend pension credit to those who were due to retire before the increase in the pension age, which would benefit hundreds of thousands of women. Will the Minister look again at that proposal?

In conclusion, sadly, this statement does nothing to help women born in the 1950s. Actions are needed, not words, if the Government are to restore some of the faith and dignity that many people feel they have lost as a result of the Government’s refusal to act and to introduce proper transitional procedures. These are the women of Britain—the women who built this country. They deserve nothing less.

Guy Opperman Portrait Guy Opperman
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I thank the hon. Gentleman for his comments. He seeks an independent review of the state pension age. Well, the Government did that last year. The Cridland review was independent of Government and it published its conclusion, just as the Labour party manifesto called for. The review’s findings supported the assertions that the Government have put forward.

The Labour party used to be financially credible, but sadly those days are long gone. The Labour party, under Tony Blair and Gordon Brown, passed the Pensions Act 2007, which raised the state pension age. We now have the bizarre situation in which the Labour party manifesto states that the state pension age should not go beyond 66. In other words, it is going back on its own decision in 2007. Its credibility is sadly lacking.

The situation is further complicated by Labour’s reliance on Michael Marmot. The shadow Secretary of State for Work and Pensions keeps relying upon him, and the hon. Gentleman repeated that today. Michael Marmot made it very clear that “improvements in life expectancy at birth, which had been around a one-year increase every five years for women, and every three and a half years for men, have slowed since 2010 to a one-year increase every 10 years for women and ever six years for men.” The point is that the increase is still going ahead; it might have slowed to a degree, but life expectancy continues to rise.

The Labour party agreed in 2004 that the ONS cohort figures should be accepted and then followed them thereafter. The ONS produced a report last December on life expectancy at birth, which found that in 50 years’ time, by 2066, cohort life expectancy at birth is projected to reach 98 years for females and 96 for males, a rise of over six years for both genders. In 2018 life expectancy at birth is projected to be 92 for women and 89 for men.

Let me touch briefly on the Fuller Working Lives strategy, which I am sad to say the Labour party seems no longer to support. There are 1.2 million people over the age of 65 in employment, which should be celebrated. It is entirely right that retraining might not be suitable for everyone, but it is also right that Governments of every hue should provide opportunities for those who wish to take those things up. For example, over the most recent nine-month period, the number of apprenticeship starts for people between the ages of 45 and 59 was 53,000, and for the over-60s it was 3,400. That means thousands of people taking opportunities for retraining. With respect, that should be supported.

None Portrait Several hon. Members rose—
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Guy Opperman Portrait Guy Opperman
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Multiple impact assessments were carried out, in 1995, 2007 and 2011, and obviously these matters were debated at great length in both Houses of Parliament, on an ongoing basis.

Patrick Grady Portrait Patrick Grady (Glasgow North) (SNP)
- Hansard - - - Excerpts

I thank the Minister for advance sight of his statement, although, frankly, it does not say very much that is new. The Government seem unable to accept that, irrespective of their policy of abstaining in Opposition day debates, there is a clear majority in the House in support of the 1950s women. Five Conservative Back Benchers and six Democratic Unionist party Members voted for the Scottish National party’s motion on 29 November, which is the second biggest rebellion in this Parliament. Rather than engaging in more bluster and buck-passing, the Government should be bringing forward proposals to address what the motion called for:

“to improve transitional arrangements for women born on or after 6 April 1951 who have been adversely affected by the acceleration of the increase to the state pension age.”—[Official Report, 29 November 2017; Vol. 632, c. 366.]

That is the will of the House, clearly expressed time and again.

It is not good enough for the Minister to wave a red herring and pretend that the Scottish Parliament could somehow resolve the situation. This is about reform of the pensions system, and the state pension age is reserved—the Scotland Act 2016 is very clear that the Scottish Parliament cannot make benefits by way of old age. In any event, it is not the job of the Scottish Parliament to clean up a mess made by the UK Government, and it is certainly not the job of Scottish taxpayers effectively to pay twice to mitigate the impact of Tory cuts.

If the Government continue to ignore this House and the voices of the 1950s women, they should get ready for further debates, questions, petitions and amendments to legislation, because this is not going away. This week we have been celebrating the suffrage campaign, and it is not by coincidence that the WASPI—Women Against State Pension Inequality Campaign—women have chosen those colours for their campaign. The 1950s women have paid in, and it is time for the UK Government to do them justice and pay out.

Guy Opperman Portrait Guy Opperman
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The hon. Gentleman knows full well that the Scotland Act 2016 gave a variety of powers, under sections 26, 28 and 24. Crucially, if an individual is of working age, they can be addressed with assistance by the Scottish Government—those are not my words; that was set out in crystal-clear detail on 22 June by Jeane Freeman, my opposite number in Scotland. I remind the hon. Gentleman that the SNP’s manifesto included a commitment to assess the impact of these changes and the options open to the Scottish Government with a view to providing support to these women. I suggest that the support is there. I have written to my opposite number in the Scottish Government and the leader of the SNP at Westminster, saying, “Go ahead; the UK Government do not object to that in any way.” He should get on with it.

Douglas Ross Portrait Douglas Ross (Moray) (Con)
- Hansard - - - Excerpts

The Minister will be aware of my support for local WASPI women in Moray, and indeed that I supported the Opposition motion that has brought forward this statement. Will he update us on the legal challenge being taken forward by Bindmans on behalf of women affected by these changes, because a number of Moray women are looking at that?

Guy Opperman Portrait Guy Opperman
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My hon. Friend will be aware that a legal challenge is being brought forward. I cannot comment on the outcome of it, but it will be resisted by the Government. We do not believe that it has merit. Clearly that is a matter for Bindmans and the WASPI women, but it will definitely be resisted.

Baroness Anderson of Stoke-on-Trent Portrait Ruth Smeeth (Stoke-on-Trent North) (Lab)
- Hansard - - - Excerpts

I am afraid that the Minister might have missed the point, never mind the anger of 1950s women. Today, in the constituency of my hon. Friend the Member for Stoke-on-Trent Central (Gareth Snell), there is a city-wide pensions roadshow. So many women are affected by the pension changes that demand has outstripped supply and not everyone can be let in. When will these women have answers and transitional arrangements?

Guy Opperman Portrait Guy Opperman
- Hansard - -

With respect, this matter was debated at great length in 1995 and in 2007, under the Labour Government, and they could have altered the decision if they wished to do so. At that stage they took the view that the changes were fiscally sensible, and in 2011 the matter was again debated by Parliament and there was a concession of £1.1 billion, after much consideration by this House.

Carolyn Harris Portrait Carolyn Harris (Swansea East) (Lab)
- Hansard - - - Excerpts

Having heard the statement, I can only assume that the Minister really does not get this, because the strength of feeling, not just among the 1950s women, but among colleagues, is extremely high—they are angry. Maybe I can offer some help. If he agreed to meet me and his hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), we could share with him the findings of a consultation we have recently undertaken on behalf of the all-party parliamentary group on state pension inequality for women. We could talk him through the problem and encourage him to do the right thing by acknowledging the problem and coming up with a respectful answer.

Guy Opperman Portrait Guy Opperman
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With respect, this matter has been debated since 1995—long before the hon. Lady and I arrived in this House—and successive Governments have taken a similar view on the appropriateness of the action, based on affordability, workability and the applicable equality legislation.

Stephen Lloyd Portrait Stephen Lloyd (Eastbourne) (LD)
- Hansard - - - Excerpts

Even though there is a shortage of time, I crave your indulgence, Mr Speaker, so that I can give two tiny bits of context. First, I believe that all parties are at fault here: the Conservatives, Labour—the Labour Government did little for 13 years—and the coalition. No party has a clean hand. Secondly, I urge the Minister to address three possible options. One is Labour’s cost-neutral option for retirement at 64. The second is the indication of some kind of transition. The third is that the Minister could accept some change if the parliamentary ombudsman took some WASPI cases and concluded that the communication from Governments of all parties had been shocking.

Guy Opperman Portrait Guy Opperman
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The hon. Gentleman walked through the Lobby with me in 2011 to pass the Pensions Act when the Liberal Democrats was a party of financial discipline, and I believe that we took the right decision at that time. I assure the hon. Gentleman that the so-called cost-neutral option is far from it—it is neither workable nor cost-neutral. The Government are sticking to the position that has been in place since 1995. The Labour Government took the same position for 13 years as did the coalition Government in 2011.

Alan Brown Portrait Alan Brown (Kilmarnock and Loudoun) (SNP)
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Yet again, the Minister has tried to break things down to a binary choice between paying out lower pensions or increasing the state pension age. However, pensions are only one aspect of Government spending and tax-raising powers. His Government have chosen to reduce corporation tax, which will cost the taxpayer £50 billion by 2025, and other tax cuts will cost £15 billion. As my hon. Friend the Member for Glasgow North (Patrick Grady) said, the parliamentary arithmetic is in favour of some changes, so will the Minister take control and actually make some sensible choices?

Guy Opperman Portrait Guy Opperman
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The hon. Gentleman and I are going to disagree massively on economic theory and taxation. It is right to cut taxes for business, because businesses make the payments that pay for the public sector that we all support so much. The key choice is whether the Government increase the state pension age or pay lower pensions, but the hon. Gentleman seems unable to accept that, and I do not agree with his approach to taxation.

Chris Elmore Portrait Chris Elmore (Ogmore) (Lab)
- Hansard - - - Excerpts

During the Minister’s rather disappointing and sadly predictable statement, he said, as the Prime Minister said to me last year, that no woman will wait more than 18 months for their delayed pension, but that simply is not true. Some women are waiting six years and seven months. Will the Minister explain in simple terms how it is that those women are wrong and the Government are right, because those women are waiting and waiting and are not receiving their pensions?

Guy Opperman Portrait Guy Opperman
- Hansard - -

I refer the hon. Gentleman to the point I made in my statement. The simple fact is that the 1995 Act brought the state pension age to 65, the Labour Government then increased it, and the coalition Government accelerated the process. The reason why it was referred to as an 18-month acceleration in 2011 is that that was relative to the 1995 Act timetable.

Jonathan Edwards Portrait Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
- Hansard - - - Excerpts

I recently attended the launch of the WASPI campaign group in the Amman valley in my constituency, and they raised with me the seemingly arbitrary deadline of 31 March this year for those wanting to make a complaint to the DWP about the lack of notice of the proposed changes. Will the Minister confirm whether that is the deadline? If it is, what is the reason for it?

Guy Opperman Portrait Guy Opperman
- Hansard - -

I cannot give the hon. Gentleman a precise answer, but I will write to him. However, it is the case that maladministration claims are being brought through the independent case examiner or the ombudsman, and I will write to him with the details.

Finance Guidance and Claims Bill (Contingencies Fund Advance)

Guy Opperman Excerpts
Wednesday 7th February 2018

(6 years, 8 months ago)

Written Statements
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Guy Opperman Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Guy Opperman)
- Hansard - -

The Financial Guidance and Claims Bill currently before Parliament provides for an arm’s-length non-departmental public body, known as the single finance guidance body, to take on their functions currently delivered by the Money Advice Service, The Pensions Advisory Service and Pension Wise.



Our intention, subject to parliamentary approval, is to launch the new body in autumn 2018. In order to avoid delay in the launch, expenditure is required in advance of the Bill receiving Royal Assent to cover the costs associated with the commencement of the recruitment of the Chair and Chief Executive of the body, including the staffing costs of the DWP public appointments, any media advertising, and miscellaneous administration costs. Advertising for the posts will be clear that the roles are dependent on the successful passage of the Bill through Parliament.

Parliamentary approval for resources of £30,000 for this new service will be sought in a supplementary estimate for the Department of Work and Pensions. Pending that approval, urgent expenditure estimated at £30,000 will be met by repayable cash advance from the Contingencies Fund.

[HCWS456]

Oral Answers to Questions

Guy Opperman Excerpts
Monday 5th February 2018

(6 years, 9 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Gillian Keegan Portrait Gillian Keegan (Chichester) (Con)
- Hansard - - - Excerpts

2. What steps the Government are taking to promote the delivery of effective consumer financial advice and assistance.

Guy Opperman Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Guy Opperman)
- Hansard - -

We are committed to ensuring that consumers across the United Kingdom have access to high quality, impartial and free pensions and money guidance services. That is why we are setting up the new single financial guidance body, which is presently in Bill Committee in this House. My hon. Friend will be aware that the Conservative Government’s commitment is to a debt respite scheme and a breathing space specifically to address debt.

Gillian Keegan Portrait Gillian Keegan
- Hansard - - - Excerpts

In a recent poll conducted by Populus and The Guardian, 32% of British workers were found to have less than £500 in savings. What are the Government doing to promote long-term savings and to support employers such as the 1,340 in Chichester that have auto-enrolled their employees, currently benefiting 13,000 people?

Guy Opperman Portrait Guy Opperman
- Hansard - -

When the debt respite scheme and the breathing space are put into law, the provisions will make a manifest difference to how people are dealt with in respect of debt, as will the single financial guidance body. I would be failing in my duty not to pay tribute to the 1,340 employers in my hon. Friend’s constituency of Chichester that are doing a brilliant job in ensuring that there are more people in auto-enrolment, adding to the 9.1 million people across the country who are now auto-enrolled in a private pension—something that we should be very proud of.

Chris Elmore Portrait Chris Elmore (Ogmore) (Lab)
- Hansard - - - Excerpts

Some 11 million people a year use price comparison sites to gain information on insurers and other products. The Financial Conduct Authority found in 2014 that such sites were not delivering fair and consistent practices. The Competition and Markets Authority has now said the sites should be using the CARE model; that is, they should be clear, accurate, responsible and easy to use. What can the Government do to ensure that these sites are straightforward and easy to use?

Guy Opperman Portrait Guy Opperman
- Hansard - -

The simple answer is that I will take that matter up with my colleagues at the Treasury who are handling that point, particularly in relation to the FCA. The hon. Gentleman will be aware that I am in a Bill Committee with the exact same Minister and will probably have an opportunity tomorrow—with the hon. Member for Birmingham, Erdington (Jack Dromey)—to have a discussion about this point.

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

Very reassuring.

Jack Dromey Portrait Jack Dromey (Birmingham, Erdington) (Lab)
- Hansard - - - Excerpts

A Port Talbot shift supervisor was badly advised by a pensions predator preying on him who made him take the wrong choice. “I will never forgive myself”, he said, “because all 20 on my shift followed my lead.” In an otherwise welcome Bill, in the words of Baroness Altmann,

“the Government seems to have bowed to industry pressure and proposes to weaken consumer protection for pension customers. By removing a clause introduced in the House of Lords…more people are at risk of losing their hard-earned savings in scams, frauds and unwise pension withdrawals.”

She is absolutely right. Will the Government think again?

Guy Opperman Portrait Guy Opperman
- Hansard - -

I am grateful to have the opportunity to replay the same debate that we had in the Bill Committee last Thursday. I will give the same answer, which is that, with no disrespect to Baroness Altmann, she is incorrect on this point. The Government are addressing pensions guidance. We have introduced very stringent new laws. We have improved on the point raised by the Work and Pensions Committee, as my hon. Friend the Member for Brentwood and Ongar (Alex Burghart), who sits on that Committee, agreed in the Bill Committee last Thursday.

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

I thank the Minister for his replay.

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Stephen Metcalfe Portrait Stephen Metcalfe (South Basildon and East Thurrock) (Con)
- Hansard - - - Excerpts

10. What recent assessment she has made of trends in the level of employment of older workers.

Guy Opperman Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Guy Opperman)
- Hansard - -

Since 2010, 1,272 new jobs have been created in South Basildon and East Thurrock—an increase due in no small part to my hon. Friend’s efforts. He will be aware that older worker employment levels are at a record high. In his region, 850,000 50 to 64-year-olds are in employment—an increase of over 120,000 people since 2010—and 120,000 people aged 65 and over are in employment. Again, that is another increase of 45,000 since 2010.

Stephen Metcalfe Portrait Stephen Metcalfe
- Hansard - - - Excerpts

Does my hon. Friend agree that encouraging businesses to be flexible in how they employ older workers is one way to bridge the skills gap and keep older workers in the employment market for longer, sharing their experience and knowledge?

Guy Opperman Portrait Guy Opperman
- Hansard - -

My hon. Friend is correct. The fuller working lives strategy, launched by the Department last year, is there specifically to support over-50s into employment and provide them with the skills and retraining that they need, and which businesses specifically value. There are a number of exemplar businesses. He will also be aware that individual people have created over 26,000 new businesses since 2011—that is for the over-50s.

David Drew Portrait Dr David Drew (Stroud) (Lab/Co-op)
- Hansard - - - Excerpts

Many older workers are not necessarily there by choice. I think in particular of the WASPI women, who are having to work because of the inadequacies of their pension provision. What are the Government going to do about this?

Guy Opperman Portrait Guy Opperman
- Hansard - -

The Government have no intention of revising the Pension Acts of 1995, 2007 or 2011 introduced by previous Governments and by the coalition, but I make the point very strongly that average employment among the over-50s and the over-64s has increased dramatically since 2010.

David Linden Portrait David Linden (Glasgow East) (SNP)
- Hansard - - - Excerpts

11. What recent progress her Department has made on the roll-out of universal credit.

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Jack Dromey Portrait Jack Dromey (Birmingham, Erdington) (Lab)
- Hansard - - - Excerpts

The behaviour of Philip Green on BHS pensions was outrageous; likewise, Carillion paying dividends and big bonuses, while running up a £900 million pensions deficit. We expect better from our universities; does the Secretary of State agree that it cannot be right that they are proposing to cut the pension benefits of staff just when one vice-chancellor alone at Edinburgh university has accepted a 33% salary hike as part of a package worth £410,000?

Guy Opperman Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Guy Opperman)
- Hansard - -

With respect, this is not a matter for Government to respond on. The joint negotiating committee, which is made up of trustees, employers and unions, is responsible for approving an appropriate recovery plan to ensure the scheme is adequately funded. The universities are subject to regular assessment of their overall financial sustainability management and governance, and I am sure the Pensions Regulator will therefore be watching this situation.

William Wragg Portrait Mr William Wragg (Hazel Grove) (Con)
- Hansard - - - Excerpts

Developing a theme from this side of the House, I had the pleasure of visiting my local jobcentre on Friday. Will my hon. Friend pay tribute to the hard-working staff who are delivering record levels of employment in my constituency?

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Thelma Walker Portrait Thelma Walker (Colne Valley) (Lab)
- Hansard - - - Excerpts

T8. On 14 December last year, I asked the Minister not to ignore the voices of the 7,000 women in my constituency who are affected by state pension inequality, because we are not going away. Is the Department now any closer to paying us what we are due?

Guy Opperman Portrait Guy Opperman
- Hansard - -

The position has not changed. The Government do not intend to change the Pensions Act 1995, or the 2007 and 2011 Pensions Acts. I would point out that a £1.1 billion transitional arrangement was put forward in the 2011 statute.

Michelle Donelan Portrait Michelle Donelan (Chippenham) (Con)
- Hansard - - - Excerpts

Some 70% of the rise in UK employment involves higher-skilled jobs. This is true in Wiltshire, which expects more than 2,500 jobs from Dyson alone. What work is the Minister doing with other Departments to tackle the science, technology, engineering and mathematics skills gap in the UK, so that Wiltshire can benefit from those jobs?

--- Later in debate ---
Guy Opperman Portrait Guy Opperman
- Hansard - -

The hon. Gentleman and I have a meeting in our diaries for, I believe, a week Monday, when I hope to expand on that specific point. He will know that credit union membership has doubled in the past 10 years, and I can assure him that we are discussing these matters with the Treasury, which has ultimate control over credit unions.

Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
- Hansard - - - Excerpts

I am a mathematician and a mother, so I am concerned that the head of the UK Statistics Authority had to write to a shadow Minister to point out that statements that they made were not based on real sources or real statistics. Does my right hon. Friend agree that the shadow Minister should apologise?

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Lilian Greenwood Portrait Lilian Greenwood (Nottingham South) (Lab)
- Hansard - - - Excerpts

T9. Thousands of women born in the 1950s are being left in serious hardship as a result of accelerated changes to the state pension age, and as my hon. Friend the Member for Colne Valley (Thelma Walker) said, they are crying out for justice. In the week when we celebrate the centenary of the first women gaining the right to vote, how dare this Government ignore their voices?

Guy Opperman Portrait Guy Opperman
- Hansard - -

The hon. Lady will know that the policy continued for 13 years under the Labour Government, and her Government could have done something about it between 1997 and 2010, but she maintained that it was the right policy. This Government continues to maintain that it was the right policy, and if individuals require assistance, the Government give over £50 billion to the disabled on an ongoing basis.

Michael Tomlinson Portrait Michael Tomlinson
- Hansard - - - Excerpts

What benefit has auto-enrolment provided for my constituents?

Guy Opperman Portrait Guy Opperman
- Hansard - -

Seven thousand employees are now signed up, and 900 employers are doing the right thing and are providing auto-enrolment to my hon. Friend’s constituents.

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Lord Hanson of Flint Portrait David Hanson
- Hansard - - - Excerpts

Will a Minister look at how universal credit is paid into credit unions? My local credit union is raising real concerns about the DWP’s efficiency and organisation in doing so.

Guy Opperman Portrait Guy Opperman
- Hansard - -

I am happy to take representations from the right hon. Gentleman, and I will look at that point with my colleagues who handle universal credit.

Ruth George Portrait Ruth George (High Peak) (Lab)
- Hansard - - - Excerpts

Bearing in mind the Secretary of State’s call for clear statistics, will she welcome today’s Library paper, which clarifies that 113,000 children will cease to receive free school meals under the proposed changes to universal credit, withdraw the claim that 50,000 more children will benefit at one point in time and bring that to the attention of the House?

Financial Guidance and Claims Bill [ Lords ] (First sitting)

Guy Opperman Excerpts
None Portrait The Chair
- Hansard -

Mr Speaker has asked that we explain the procedure in more detail than used to be the case before we start our main proceedings.

We now begin line-by-line consideration of the Bill. The selection list for today is available in the room and on the Bill website. It shows how the selected amendments have been grouped together for debate. Amendments grouped together are generally on the same or a similar issue. The Member who has put their name to the lead amendment in a group is called first. Other Members are then free to catch my eye to speak on all or any of the amendments in the group. A Member may speak more than once in a single debate.

At the end of the debate on a group of amendments, I shall call the Member who moved the lead amendment again. Before they sit down, they will need to indicate whether they wish to withdraw the amendment or seek a decision. If any Member wishes to press any amendment or new clause in a group to a vote, they need to let me know. I shall work on the assumption that the Minister wishes to reach a decision on all Government amendments when we reach them.

Please note that decisions on amendments take place not in the order they are debated, but in the order they appear on the amendment paper. In other words, debate occurs according to the selection and grouping list; decisions are taken when we come to the clause that the amendment affects. Decisions on adding new clauses or schedules are taken towards the end of proceedings, but may be discussed earlier if grouped with other amendments.

I shall use my discretion to decide whether to allow separate stand part debates on individual clauses and schedules following the debates on relevant amendments. I hope that explanation is helpful to members of the Committee.

Clause 1

The single financial guidance body

Guy Opperman Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Guy Opperman)
- Hansard - -

I beg to move amendment 1, in clause 1, page 2, line 6, at end insert ‘and the devolved authorities.’

This amendment, together with amendment 18, will enable transfer schemes under Schedule 2 to transfer staff, property, rights and liabilities from the consumer financial education body to the devolved authorities. This may be necessary in view of the fact that the devolved authorities will be responsible for the provision of debt advice in their areas (see clause 15).

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss the following:

Clause stand part.

Government amendment 18.

Guy Opperman Portrait Guy Opperman
- Hansard - -

It is a pleasure to work under your chairmanship, Mr Stringer, and I welcome all colleagues to the Committee. I am grateful to those Members of the House of Lords who contributed to the Bill—it started in the other place—expanding and improving it in a significant and important way.

The Bill builds on a Government commitment to ensure that members of the public can access good-quality, free-to-clients and impartial financial guidance and debt advice. Those services are currently provided by a number of different organisations, including financial services firms, utilities and those in the charity sector. Government-sponsored pensions guidance, money guidance and debt advice is provided by the Money Advice Service, the Pensions Advisory Service and the Department for Work and Pensions under the Pension Wise banner.

There have been a multitude of reviews, Select Committee assessments, consultations and calls for evidence since 2015, by which we reached the state in 2017 when the Bill was introduced in this Parliament. Consequently, clause 1 establishes a new non-departmental public body, to be referred to in legislation as the single financial guidance body. The clause introduces schedule 1, which provides details of the proposed governance and accountability of the new body. The provisions within the schedule deal with, for example, the appointment of the chair, non-executive members, executive members and staff, the delegation of duties within the body, the constitution of the committees, and the statutory reporting and accounting procedures.

Clause 1 allows the Secretary of State to make regulations to replace the phrase “single financial guidance body” in legislation with the actual name of the body—the body will be named nearer to the time it becomes operational. The regulations that name the body will be created through a statutory instrument under the negative procedure, which is subject to annulment by either House of Parliament.

Clause 1 dissolves the consumer financial education body now known as the Money Advice Service. Schedule 2 allows the transfer of staff, property, rights and liabilities from the Pensions Advisory Service and Pension Wise—in effect from the Secretary of State to the new body. The schedule allows similar transfers from the Money Advice Service to the new body. I have met all three organisations and discussed the proposed merger with them. I can assure the House that all three are keen to merge, which is rare in Government mergers and should be applauded.

Amendments 1 and 18 are technical in nature and extend the power to make transfer schemes under schedule 2 to the devolved authority. Schedule 2 already allows the Secretary of State to transfer staff, property, rights and liabilities from the Money Advice Service to the new single financial guidance body. This is required to ensure continuity of provision, including on contracts held, and avoid disruption to services in the creation of the body. The devolved authorities will have responsibility for the provision of debt advice in their areas once the new body is established. Devolved authorities have been consulted on this and are very much in agreement. Amendment 1 therefore helps to avoid similar disruption to debt advice provision in the devolved authorities when the new body is established.

Jack Dromey Portrait Jack Dromey (Birmingham, Erdington) (Lab)
- Hansard - - - Excerpts

It is an honour to serve under your chairmanship, Mr Stringer. Let me start by paying tribute to the three organisations that are being merged into one—the Money Advice Service, the Pensions Advisory Service and Pension Wise—for the work they have done over many years. The Minister is right that all three agree about the good sense of bringing them together into one body. Why? Because all three know from experience, and have advocated, that high-quality advice—independent, trustworthy and there when it is needed—is of the highest importance, particularly in circumstances of redundancy, death or divorce, when the financial consequences for the citizen can be very serious.

I will give some examples. In Port Talbot, the staff supervisor told Michelle Cracknell, the chief executive of the Pensions Advisory Service, that he was distraught that he had been badly advised on pensions and that the 20 others on his shift had followed his lead. He burst into tears when he said, “It’s not just the mistake that I’ve made; it’s the mistake that others have made following my example.” I remember a victim of domestic violence in my constituency saying, “I borrow to pay the debt, because I borrow to pay the debt, because I borrow to pay the debt.” That is the downward spiral into which citizens all too often fall at a time of crisis in their lives. A Kingstanding dustman said to me, “I’m an agency worker on a zero-hours contract and I would love to buy a house, because my wife is pregnant and we’re paying a fortune in rent.” He went on to say, “It’s not just that: because I’m on a zero-hours contract, I can’t plan. I keep getting into debt. I’ve had bad advice.”—he used stronger words than those—“Where do I turn?”

That is why we made it clear on Second Reading that this is a welcome Bill and a strong step in the right direction, and it has been strengthened by constructive debate in the other place. Our intention is to make a good Bill better still and to inject a sense of urgency into some of its proposals, because the dignity and financial wellbeing of our citizens, in opportunity or adversity, is of the highest importance.

We agree to the concept of the new organisation and support the direction of travel. We will seek to amend the Bill in certain key areas in order to strengthen it further, so that it delivers, particularly for those in desperate need and in circumstances in which there are still too many rogues taking advantage of the vulnerable. There is a joint determination across the House to ensure that nothing but the best is provided in the future for the British people. I am talking about high-quality advice that they can count on in all circumstances.

Mhairi Black Portrait Mhairi Black (Paisley and Renfrewshire South) (SNP)
- Hansard - - - Excerpts

I echo much of what the hon. Member for Birmingham, Erdington has just said. I am very grateful, on a Thursday morning, that the Bill is not contentious—I do not know about anyone else here, but I am not in the mood for arguing. We have proper concerns about only three areas of the Bill. The first relates to how young people are involved and educated through it. The second question is whether we can clear up some of the difficulties between guidance and advice. The third and most important issue is dealing with clause 5, because what we have from the Government now is wholly inadequate. With that said, I look forward to having genuine discussions in Committee.

Guy Opperman Portrait Guy Opperman
- Hansard - -

I am grateful to colleagues for their comments, which I endorse. I look forward to responding to the specific points. I accept and anticipate that there will be a legitimate discussion as to the appropriate way forward in respect of default pensions guidance, on which I know both Opposition Front Benchers wish to address the Committee. I thank them for their comments.

Amendment 1 agreed to.

Clause 1, as amended, ordered to stand part of the Bill.

None Portrait The Chair
- Hansard -

We now come to amendment 23 to schedule 1, with which we will consider the question that schedule 1 be the First schedule to the Bill.

None Portrait The Chair
- Hansard -

No.

Guy Opperman Portrait Guy Opperman
- Hansard - -

No, it is your amendment 23, to schedule 1, in relation to the independence of the single financial guidance body.

Schedule 1

The single financial guidance body

Jack Dromey Portrait Jack Dromey
- Hansard - - - Excerpts

I beg to move amendment 23, in schedule 1, page 27, line 9, at end insert—

“(3) The Secretary of State shall have regard to the desirability of ensuring that the single financial guidance body is as independent from Government as reasonably possible in determining its activities.”

This amendment will ensure that the single financial guidance body has the autonomy to fulfil its functions.

--- Later in debate ---
Jack Dromey Portrait Jack Dromey
- Hansard - - - Excerpts

My hon. Friend, who is part of an honourable tradition of giving high-quality advice to people in times of need, particularly through citizens advice bureaux, is absolutely right. The evidence is damning; the need is apparent. It is now a question of how best that need is met. The new body is a step in the right direction, but it should not be the last word; it is the first “next step,” but it is an important step in the right direction.

Guy Opperman Portrait Guy Opperman
- Hansard - -

I am grateful to colleagues for their comments. The Bill sets out absolutely clearly that the single financial guidance body will be at arm’s length from Government. That distance from Government means that the day-to-day decisions the new body makes will be independent, as they will be removed from Ministers and civil servants. Nevertheless, there is a sponsoring Minister, who remains answerable to Parliament for the activities of the new body, its effectiveness and its efficiency, including any failures, especially in the case of a body that receives public funds. It is important that there is a balance—I think all of us recognise that—between enabling the Department to fulfil its responsibilities to Parliament and to be accountable, and giving the new body the desired degree of independence.

Conferring functions on the new body involves a recognition that operational independence from Ministers in carrying out its functions is appropriate, and the new body will support delivery of the objectives of both the Treasury and the Department for Work and Pensions, to create a more effective system of publicly funded financial guidance and to give savers the confidence to save and access money in the future. The new body’s activities will be funded by a levy on the financial services industry and on pension schemes.

On Second Reading the hon. Member for Makerfield addressed one of the criticisms levelled at the Money Advice Service. All of us support what MAS is trying to do, its broad objective and the efforts it is making. However, one of the strong criticisms of it in its early years, which came from both the independent Farnish review and the Treasury Committee, which obviously operates on a cross-party basis, was that MAS lacked accountability and that the activities it delivered, and the money it was spending, could not be held to account by Parliament and the respective Minister.

The Farnish review, which is one of the reasons we are creating this body in the way we are, suggested that the Money Advice Service accountability regime was weak, and recommended that it be strengthened. The Treasury Committee expressed concerns that the Money Advice Service had moved its service away from its intended focus. I am certain that the hon. Member for Makerfield will be directing it to have a “laser-like focus”—the expression she used on Second Reading—on commissioning services, towards direct delivery and building up its brand name.

Lord knows, all Governments like to be held to account by Oppositions, and quite rightly too, but let us imagine that the single financial guidance body chose to do something that any Member of the Opposition or of the Government felt was inappropriate. The inability to hold that body to account and to hold a Minister to account would not be something the House would want. In the circumstances, it is appropriate that the responsible Minister is able to make representations, but it is very much a partnership system that needs to work well between the body and the Government, and there must be clarity about expectations and the approaches to accountability.

The correct way forward is to have a framework document setting out that particular method of working. That framework document approach, setting out the partnership so that there is due accountability to Parliament, while at the same time allowing the body to get on with the job that we all agree it should be doing, is well established and has been under successive Governments. In the circumstances, I believe that placing the requirement in legislation, as set out in amendment 23, is both unnecessary and undesirable, and I urge the hon. Gentleman to withdraw his amendment.

Jack Dromey Portrait Jack Dromey
- Hansard - - - Excerpts

The Minister has said some helpful things, and he is absolutely right that it is about getting the right balance between accountability and operational independence. The proposal for a framework document is welcome. I simply ask that there is consultation on the nature of that framework document, including with stakeholders, at the appropriate stage.

On the establishment of the new body, the governance of it and precisely how that will be structured, we have heard what has been said thus far, but it will be important that we have high-quality and independent individuals engaged in the governance, including on a day-to-day basis.

On the basis of what I and the Minister have said, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Schedule 2

Transfer schemes under section 1

Amendment made: 18, in schedule 2, page 32, line 3, at end insert “and the devolved authorities.”—(Guy Opperman.)

See explanatory statement for amendment 1.

Schedule 2, as amended, agreed to.

Clause 2

Objectives

Jack Dromey Portrait Jack Dromey
- Hansard - - - Excerpts

I rise to support the proposition. We will deal with the issues of vulnerability and disability later in the Bill, but although it is true that not everyone who needs urgent and independent advice is necessarily in circumstances of vulnerability, the nature of the world of work and of the economy means that a lot of people’s backs are against the wall, especially after the high-profile collapses of late. We should make explicit what is implicit: the new body should proceed in the right way. I hope the Minister will give the assurance that everyone who turns to it will receive high-quality independent advice. A specific focus on support for the vulnerable is a legitimate objective.

Guy Opperman Portrait Guy Opperman
- Hansard - -

I am keen to give assurance on that specific point. If the hon. Member for Paisley and Renfrewshire South will allow me, I will walk her through how we got to the situation where the Government chose to amend the Bill to add in the vulnerable circumstances clause that is the basis for her amendment. The Government take the view that the amendment is not necessary in the circumstances, and I will explain why.

The body’s activity towards the people who are most in need and in vulnerable circumstances has been the priority of all parties since the creation of the Bill. Vulnerable circumstances were not originally spelt out, but they were certainly spelt out on Second Reading in the House of Lords. There was extensive debate in the House of Lords on a cross-party basis with representations by Baroness Finlay, Baroness Coussins, Baroness Hollins and the Labour Lord, Lord McKenzie, about the need for clarity on access to financial guidance and awareness of financial services for people who find themselves in vulnerable circumstances.

The Government decided in the other place to state explicitly in clause 2(1)(d) that the body’s objectives include the need to support people in “vulnerable circumstances” when exercising its functions. An amendment was introduced to strengthen the objectives to ensure that the body’s

“information, guidance and advice is available to those most in need…bearing in mind in particular the needs of people in vulnerable circumstances”.

The Government’s amendment has created a statutory framework that will give clear direction to the new body to support people in those circumstances. That means that the body will be required to focus its efforts and resources on that area, and will look at the best ways to provide guidance to vulnerable people in different places.

A general principle of the Bill, which I will expand on in relation to this and other points, is that there is a danger of being overly prescriptive to a body that one is setting up with the specific purpose that it has the latitude to exercise the appropriate commissioning and employment of charities and organisations in particular places. Asking the body to have a generality of specially trained advisers and guidance risks being too prescriptive in the Bill. We want to ensure that the body has the latitude to take advantage of its expertise to find the best interventions and the best channels to address the needs of people in vulnerable circumstances now and in the future. That is not to say that the body itself may not choose to do exactly what the hon. Member for Paisley and Renfrewshire South has fairly set out, but that is for the body to do under the circumstances that it sees fit.

The risk outlined on Second Reading—I can see that I will have to refer to the hon. Member for Makerfield on several occasions—was the danger of duplication. Whether or not one feels that the Government or individual local authorities are providing appropriate services, other services are being provided, whether that is universal support or the visiting service, that support claimants with a face-to-face service and by offering to manage their claims. There is a duplication risk, which was the specific problem of the Money Advice Service in the past.

The general point is that we believe that it is wrong to be too prescriptive and to predefine a whole series of obligations, functions and capabilities of this organisation. That does not mean that we will not have a discussion going forward, nor that the body will not address these specific points, but I do not want to predefine and subdivide every single part. It should be left to the body to make those decisions as it goes forward. That does not in any way diminish the need for these things to be addressed, but I would not want that in the Bill. It is for the body, when it is fully formed, to address those points. In the circumstances, I invite the hon. Member for Paisley and Renfrewshire South to withdraw the amendment, having taken due note of the assurances that I have given.

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Guy Opperman Portrait Guy Opperman
- Hansard - -

I am grateful to colleagues for making this point, and I recognise that it is not a simple issue. To pretend that the dividing line is absolutely precise and clear would be naive and wrong. The hon. Member for Birmingham, Erdington and I discussed this issue yesterday. I will go away and consider the matter prior to Report and Third Reading. However, today I will oppose the amendment and I shall try to explain why. I will also explain why the Money Advice Service does not seek the change and answer some of the questions asked by the hon. Member for Makerfield.

The Money Advice Service provides a range of information and guidance, via webchat, telephone and online, specifically for the self-employed. That includes information and guidance on matters such as tax, national insurance, personal and business insurance, and guidance on the steps to consider when starting a new business. It also signposts to other free, impartial and expert services for self-employed people in respect of their business, including the Department for Business, Energy and Industrial Strategy’s business support helpline, the Money Advice Trust, which is funded and supported by the Government, and the comprehensive information on gov.uk.

Recognising the complex nature of a self-employed person’s finances, MAS also supports the provision of debt advice to self-employed people. This is a service that provides debt advice specifically for people who are self-employed. In relation to the Pensions Advisory Service and Pension Wise, pensions guidance is offered to everyone; those services are available to all, regardless of whether someone is self-employed.

When the single financial guidance body takes over the services, I see no reason why those services would not continue. There should be ongoing provision of that degree of support. We want the new body to continue the research and work that is already done by existing organisations, identify where there are gaps in financial guidance and debt advice provision, and look for ways to fill those gaps.

Through its strategic function, the body must develop a national strategy to improve the financial capability of members of the public and their ability to manage debt. To do that, it will work with a range of industry, charity, public sector and voluntary sector organisations to develop a strategy where they work together to address this problem and others in respect of people’s financial guidance and debt advice needs.

The single financial guidance body will not operate in a vacuum. As I alluded to earlier, there is online business advice, whether provided by Her Majesty’s Revenue and Customs or BEIS, and I would go further than that and give an example. The Start Up Loans Company helps people to get started in business. Self-evidently, it is funded by BEIS, and it works in partnership with the British Business Bank. It is a requirement of Start Up Loans Company finance partners to ensure that, as part of their service to the self-employed, they consider how someone could service any debts they have in respect of their business. They also do further signposting.

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Lord Mackinlay of Richborough Portrait Craig Mackinlay
- Hansard - - - Excerpts

Thank you for that advice, Mr Stringer. This is of course a complicated area, which requires a little extra explanation. In that instance, the bank or credit provider would recognise that as a personal loan. I wonder whether that would be covered by the advice that may be available.

Guy Opperman Portrait Guy Opperman
- Hansard - -

I recognise my hon. Friend’s expertise in such matters, and I thank him for his intervention. Support for self-employed people is covered by the Bill, because the self-employed are members of the public, in the way he outlined. Any personal business debt of a self-employed person is covered in respect of them being an individual member of the public.

I take my hon. Friend’s point about loans. I am delighted to say that I am not able to answer it right now, but I will definitely get back to him. In seriousness, we need to consider that point and work out whether there is any way of changing it and taking on board the views of the organisations that have practised in this area for some considerable time. I will certainly write to him with a specific answer and circulate that answer to all Committee members.

Jack Dromey Portrait Jack Dromey
- Hansard - - - Excerpts

The hon. Member for South Thanet is absolutely right, and his examples about the complexity we face are fascinating. The Minister’s response has been helpful. The new service is welcome; there is a degree of confusion about exactly what it can do for the self-employed, but that has already been substantially clarified. We recognise the complexity the hon. Gentleman summed up so well, so if the issue of business advice—if I can use that as a shorthand term—is not addressed effectively at this stage of the Bill, it will have to be addressed at another stage. Even if we cannot make progress in Committee, the Minister’s undertaking to engage in discussions will be warmly welcomed by organisations such as the Money Advice Trust and the Federation of Small Businesses.

Guy Opperman Portrait Guy Opperman
- Hansard - -

May I briefly clarify a point that I should have addressed in my response? I applaud the Money Advice Trust’s work, but in the briefing that it submitted to our Committee, it seeks broader business support, arguing that the single financial guidance body should address a host of other things and be available to small businesses more broadly—a mission creep that I would oppose. The MAT is a laudable charity and I respect entirely its good work, but that is a classic example of the mission creep that we want to avoid. Both the hon. Gentleman and I support the charity and its good works, but I believe that there is a limit to the assistance that the FSGB should give to that charity and its objectives.

Jack Dromey Portrait Jack Dromey
- Hansard - - - Excerpts

It is legitimate mission creep. What is good about our exchange is that we recognise that making progress with the issues identified by the MAT and the hon. Member for South Thanet may be difficult in Committee, but we can move forward at a later stage. The Minister’s point is absolutely right, but no one is suggesting that we should duplicate the functions of other bodies. If we can move forward at a later stage, jointly engaging with the organisations that represent the self-employed and those who advise them, it will be welcomed both by the organisations concerned and by the self-employed who need that advice and guidance. On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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None Portrait The Chair
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We are still on clause 2. Is the hon. Gentleman clear about that?

Guy Opperman Portrait Guy Opperman
- Hansard - -

To echo what the hon. Member for Birmingham, Erdington said, it has been a long week and I think we will all have situations where we start addressing particular clauses at the wrong time.

None Portrait The Chair
- Hansard -

I hope not.

Guy Opperman Portrait Guy Opperman
- Hansard - -

I hope not, too, but I have done so well thus far and it cannot last. I will try to address in their entirety the three specific points raised by the hon. Members for Paisley and Renfrewshire South and for Makerfield and by my hon. Friend the Member for North Warwickshire.

The first point is about whether the body itself will provide free and impartial advice and services. The shake of the head betrays the hon. Member for Makerfield. I draw her attention to clause 3, which I suggest she clearly has not read as much as she should have, because the House of Lords made sure that the provision was in the Bill. I accept that I am slightly straying off the subject of clause 2, but she will see that subsections (4), (5) and (6) of clause 3 set out that the function is to provide to members of the public free—

Mhairi Black Portrait Mhairi Black
- Hansard - - - Excerpts

I understand the reference that the Minister makes to the functions described in clause 3, but the functions are meaningless so long as people do not understand what the difference is between information, guidance and advice.

Guy Opperman Portrait Guy Opperman
- Hansard - -

I will come to the comprehension point in a second, if the hon. Lady will permit. I will deal with all three points.

After the legislation was suitably amended, debated, discussed and agreed with their lordships, it was specifically written into the Bill that the information, guidance and advice should be free and impartial. I take the point that the hon. Member for Makerfield raises, but I hope that she is reassured that that has been specifically written into the Bill, and is addressed there.

On the definition of terms, may I address the points made by the hon. Member for Paisley and Renfrewshire South that go to the fundamentals of her amendment? One of the key recommendations of the financial advice market review—sometimes known as FAMR—was to clarify the regulatory definition of financial advice. The Government consulted on revising the definition of regulated advice in the existing Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, so that regulated advice was based on a personal recommendation. That definition is in line with the EU definition set out in the markets in financial instruments directive 2004, catchily known as MFID. The Government agreed that revision, which came into force in early January 2018. We therefore suggest that introducing a new definition of advice in the Bill is unnecessary and potentially duplicative. It would cut across existing regulatory architecture, not just in respect of what the Bill is trying to do and the clients it covers, but across other aspects of the Treasury and dealings with the Financial Conduct Authority and industry and consumer groups. In addition, using legislation to establish definitions for those terms would not provide the flexibility in the future to adapt the definitions appropriately, if and when that needed to take place.

I also take issue with a number of points regarding the amendment. First, the three organisations that we are merging to form the single body do not seek the definitions that the hon. Member for Paisley and Renfrewshire South is seeking to persuade us of. Those organisations are a pretty good guide to what the Government are doing, because we have consulted at length, asked them what they want us to do, and they most definitely have not said, “Go away and define those individual points.” They want the degree of latitude to continue.

Secondly, the hon. Lady asked the body to do this within three months. To answer my hon. Friend the Member for North Warwickshire on timings, we hope that the body will be created—subject to the good will of the House and Her Majesty signing on the dotted line—between the end of October and the beginning of December. Asking the body to make, within three months of its creation, having merged three organisations, a definition that would probably apply across all financial sectors is, with respect, putting quite a big burden on the body. Also, it is not the appropriate organisation to do that. That should be done by the independent Financial Conduct Authority, suitably engaged in consultation with wider parties. We have done that in relation to advice; that is why we had the FAMR review. To be fair to the FCA, it took two years of long, hard struggle to come up with the specific definition that all parties were content with. I go back to the point that while those particular points are not sought by the individuals, I believe that it is not appropriate to give the definitions.

My hon. Friend the Member for North Warwickshire asked about timings. We will be up and running, with a fair wind, in winter 2018—but beware of Ministers who say when things will happen, and of course winter in parliamentary terms can stretch a long time. The standards by which the single financial guidance body will be judged are set out in clause 10, on which I am delighted to be addressing the Committee this afternoon, so I will not go into detail about the standards now but will ensure I set out a bit of detail in answer to that question when we debate clause 10, so bear with me. He also made a point about resilience and life events, which I will address briefly.

A simple point is made about resilience, as set out in clause 2 through the various objectives described, whether the consumer protection or the strategic function. It is also fundamentally set out in clause 3(9), which mentions

“financial capability of members of the public”.

One may use “resilience” or “capability”, but the words—without getting too much into definitions—are all but interchangeable and, in the circumstances, we believe that those provisions address capability and the points made by my hon. Friend.

Regarding preparation for life events, my hon. Friend is a passionate supporter, as am I, of the concept of the mid-life MOT, which has been pioneered by certain companies, including Aviva. As a Government, in particular the Department for Work and Pensions, we are looking at the idea of people, at different critical points of their life, the middle point in particular, assessing where they are in terms of finances, pensions, guidance and everything. That seems eminently sensible to us, and we encourage all private sector organisations to do it. We are formulating plans.

Yvonne Fovargue Portrait Yvonne Fovargue
- Hansard - - - Excerpts

But does the Minister agree that it is not only major life events that can cause a problem? In connection with financial resilience, we all know that it might be the broken washing machine that can cause a bump for people who do not have that amount of savings. On financial capability, does the Bill look at addressing the need for people to build up a small pot of savings?

Guy Opperman Portrait Guy Opperman
- Hansard - -

The answer is yes. Capability is about the ability to deal with life events, whether the traditional ones such as marriage, birth of a child, retirement or the middle of one’s life generally, or—the hon. Lady is dead right—the washing machine or the car breaking down. There is formulated, as I am sure she is aware, things such as the sidecar proposal that is attached to auto-enrolment specifically to provide a savings pot to deal with life events, so that people are not affected by the sudden events involving £100 or £200 and so on. The Department is definitely working on such things, as we will seek to work with the single financial guidance body to ensure that it formulates those strategies. As the BBC puts it, there are other providers, such as Moneybox, Plum or—the name of the third one that I am particularly impressed by—Chip, which allow people to make small savings through day-to-day earnings and usage, giving them a pocket of savings to deal with things. We very much support all such organisations, and I utterly endorse the points made.

Mhairi Black Portrait Mhairi Black
- Hansard - - - Excerpts

The logic behind the amendment is that right now we have hit a fork in the pensions road, because we are recognising that we might not be able to sustain a lot of the things in place now into the future. People are making decisions about their pensions when, to be frank, they do not have a clue about what they are doing, and they are ending up in horrendous situations because of a lack of understanding and of clarity. To me it seems perfectly reasonable to point out that those three terms, which may be used interchangeably in general conversation, in reality can have a massive impact on an individual.

The Government are promoting an ethos of educating and informing people, to ensure they make the right decision, and I do not see how the amendment waters that down in any sense. I know the Minister is saying that the body needs freedom, and so we cannot define terms as precisely as we would like, but that sounds like the Government are saying that we just have to trust the body’s good will. This is a Government Bill, so why not strengthen it where we can? In that spirit, I am happy to withdraw the amendment on the basis that my later amendments are given due consideration, and that the Minister takes on board what I said. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 2 ordered to stand part of the Bill.

Clause 3

Functions

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Guy Opperman Portrait Guy Opperman
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I am delighted to have the opportunity to update the Committee on the pensions dashboard, which is a project I have very much taken to heart in the seven months I have had this job. I am massively committed to it. I endorse utterly the broad thrust of what the hon. Member for Birmingham, Erdington says. It is a groundbreaking project that will provide the holy grail of access to the variety of pension pots we have, in various shapes and forms, as we get older in life—state pension, private pensions or other types of pensions—on one accessible portal.

However, the proposal to launch the dashboard was taken only in autumn last year. The Department for Work and Pensions is undertaking a feasibility study, which will be finished in March. I propose to report to the House of Commons by written or oral statement before the end of this term. The objective, which is very ambitious, is to launch the dashboard in some shape or form by May 2019.

I resist the amendment on the simple basis that, although it is very possible that the single financial guidance body will ultimately run the dashboard, that simply cannot be said at the present stage. There are a considerable number of complexities with the dashboard: the retention of a huge amount of different types of data, whether from state pension data or private pensions; who has access to that data; who controls it; and whether that is something that should be done by the Government, as ultimately the most trusted provider—regardless of whether one trusts or does not trust any particular Government—or by a relatively independent quango such as the single financial guidance body. There is an issue about what body would take it forward and hold the data, and the extent to which the data is accessible, to whom and in what way. There is a lot of devil in the detail, but the objective is utterly clear.

The amendment seeks to put in the Bill that the single financial guidance body will be in charge of the pensions dashboard and will take it forward. This slightly goes to the earlier point from the hon. Member for Paisley and Renfrewshire South about three months. I would be nervous of saying to the single financial guidance body, which has a big job ahead of it, that it is being set up to merge these organisations, provide all these services, do all of the things we want it to do, and then say, “By the way, on top of that, you have to do the single most complex piece of administration of all aspects of all pensions straightaway within six months of your creation.” In my view, that would be a significant burden on that body at a very early stage. If it was a business, we would be asking, “Why deviate from the core purpose right now?”

It is possible that once the dashboard is up and running, the logical organisation to take it forward and run it would be the single financial guidance body, but I would be reluctant to commit to that in the Bill. I certainly do not want it to take that on right at the very start. I am happy to work with the hon. Member for Birmingham, Erdington and colleagues across the House as we go forward. I do not think there is a single naysayer to the project, but one should not underestimate its size or complexity.

For present purposes, I will resist the three amendments. I am happy to sit down with the hon. Gentleman and other Committee members and explain the issue in more detail, as I did when I appeared before my hon. Friend the Member for Brentwood and Ongar and his colleagues on the Work and Pensions Committee. The Chair of that Committee was very dubious about the likelihood of a dashboard coming into existence. He said that it would not happen during his lifetime, but I robustly assured him that it would. I hope that it will be up and running by May 2019, and that the body will advise it. I therefore respectfully resist the amendments.

Jack Dromey Portrait Jack Dromey
- Hansard - - - Excerpts

I agree that this is a groundbreaking proposal. We have believed for some years that a pensions dashboard is essential, and there is common ground across the House that one should be introduced. We will not press the amendment to a vote, but we argue that such a dashboard should be part of the core purpose of the new SFGB.

What the Minister said is helpful. It is right that there is a feasibility study that includes investigation of the complexities, not least because, as I mentioned, on the one hand we want individuals to have access to high-quality advice and guidance, but on the other we have to protect data and ensure that individuals are not put at risk as a consequence of data leaks of one kind or another. I would be the first to recognise the complexity of that, and I welcome the fact that there will be a report in March.

Let me make two concluding points. We strongly believe that the SFGB is the best mechanism, but let us have that discussion at the next stage. I welcome what the Minister said about being prepared to sit down and talk that through at the next stage, including with the industry and stakeholders. All that is already happening, but it needs to be done in respect of the construction and final shape of the dashboard and precisely where it is located. I look forward to those discussions at the next stage and, on that basis, I beg to ask leave to withdraw the amendment.

None Portrait The Chair
- Hansard -

Does the Committee agree that the amendment be withdrawn?

Guy Opperman Portrait Guy Opperman
- Hansard - -

With respect, Mr Stringer, I think you mean “amendments”. We are dealing with amendments 26, 31 and 32.

None Portrait The Chair
- Hansard -

I apologise for not using the plural. The Minister is absolutely right.

Amendment, by leave, withdrawn.

Financial Guidance and Claims Bill [ Lords ] (Second sitting)

Guy Opperman Excerpts
Thursday 1st February 2018

(6 years, 9 months ago)

Public Bill Committees
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
None Portrait The Chair
- Hansard -

I remind the Committee that with this we are discussing the following:

Amendment 29, in clause 3, page 3, line 31, at end insert—

“(d) financial guidance relevant to the modern labour market.”

This amendment creates a duty for the single financial guidance body to develop and co-ordinate a national strategy to improve financial guidance relevant to the modern labour market.

Amendment 39, in clause 3, page 3, line 31, at end insert—

“(d) the uptake of financial advice from the single financial guidance body by members of the public, and

(e) the understanding of pensions amongst those between the ages of 18 and 55.”

This amendment would add improving uptake of financial advice from the single financial guidance body, and improve understanding of pensions amongst people aged 18 to 55 to the requirements under the body’s strategic function.

Guy Opperman Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Guy Opperman)
- Hansard - -

I had anticipated that we would deal with amendments 27, 29 and 39 together. I thought that they would have been grouped, but I will address amendment 27 to start, and take your guidance from there, Mr Rosindell.

The hon. Member for Birmingham, Erdington proposes in amendment 27 to amend the Bill by a single word. The strategic function of the Bill as drafted and its three elements have been carefully designed, and I believe that the amendment should not be made. Through its strategic function, the guidance body will bring together interested partners in the sector, various services, the public and voluntary sectors and the devolved administrations with the aim of improving the ability of members of the public to manage their finances effectively. To that end, the body will develop and co-ordinate a national strategy.

The Money Advice Service has been undertaking that vital role to date, and key stakeholders agree that that important work should continue and be expanded. The national strategy will succeed only if the new body works effectively with its many partner organisations in the financial services and other sectors in a collective effort with shared ownership and accountability. Indeed, the premise of the national strategy is that one organisation working independently has little chance of making a great impact, but many working together have more. The role of the new body will be to drive the process forward and oversee its implementation, but not to be solely responsible for the delivery of the strategy in its entirety. For those good reasons, I urge the hon. Member for Birmingham, Erdington to withdraw the amendment.

Jack Dromey Portrait Jack Dromey (Birmingham, Erdington) (Lab)
- Hansard - - - Excerpts

It is a pleasure to serve under your chairmanship, Mr Rosindell. Briefly, in the words of the Minister, a national strategy will be pursued at the next stages, including a range of stakeholders and, I suspect, other enforcement bodies. Flowing from what the Minister said, the question is who will drive that at the next stages. The single financial guidance body will clearly and undoubtedly have a pivotal and central function.

Guy Opperman Portrait Guy Opperman
- Hansard - -

indicated assent.

Jack Dromey Portrait Jack Dromey
- Hansard - - - Excerpts

I see the Minister nodding his head in agreement. In those circumstances, we look for a dynamic body to do precisely that: drive the national strategy. On that basis, I am content not to press the amendment.

None Portrait The Chair
- Hansard -

Amendment 29 is part of the same group. Does the Minister wish to speak?

Guy Opperman Portrait Guy Opperman
- Hansard - -

Amendment 29 seeks to add another strand to the three existing areas of the strategy set out in the Bill. The Government agree with the hon. Gentleman on the overall principle that the strategy of the new body needs to be future-proof and flexible, to meet the challenges that an evolving modern economy might bring. Clearly the Taylor review is relevant to all those factors, but we do not believe that the amendment is necessary. It lacks a specific focus and would risk diverting focus and resources from the areas that we believe the body should prioritise through its strategic function. As I understand it, the amendment is not sought by existing providers. In the circumstances, I ask the hon. Gentleman not to press the amendment.

Jack Dromey Portrait Jack Dromey
- Hansard - - - Excerpts

It is not for one moment our intention to divert focus from the body’s core and strategic function. All I would say is that the changes taking place in the modern labour market are immense, complex and often profoundly disturbing. To give one example from my personal history, in 2003-04, alongside Gillian Shephard, I chaired the coalition of support that resulted in the Gangmasters (Licensing) Act 2004. From plough to plate— from the National Farmers Union to the supermarkets—it sought to tackle some of the worst abuses of workers and the undercutting of reputable providers by rogues. My experience—like that of all Committee members, I suspect—is that there is much in the modern workplace and the world of work that is profoundly disturbing and needs to be tackled. Having said that, the Minister said himself that the body would take account of the demands in the modern labour market.

As far as the Taylor process is concerned, I know Matthew very well and his report contains some valuable proposals, although I do not agree with them all. It is helpful that on the Government’s part there has been a focus on the modern labour market, including the gig economy. In those circumstances, particularly in the light of what the Minister said about the context of the Taylor review and the demands of the modern labour market, I shall not press the amendment.

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Yvonne Fovargue Portrait Yvonne Fovargue (Makerfield) (Lab)
- Hansard - - - Excerpts

I rise to recount some of my own experience. I was fortunate enough to employ a financial capability adviser from 2000 to 2010, when I left, although I have to say that every time we applied for funding he changed his job title. That adviser went into primary schools as well.

I am wary about adding things to the curriculum, because I understand that teachers are hard-pressed, but it does not have to be teachers who do this work. We sent in the adviser; he did a recognised course with a teacher, which gave the teacher confidence to carry on his work later. The primary school children were really engaged in the lesson, because somebody from outside had come in, and we also went in with the credit unions, to encourage the children to start an early habit of saving, as well.

That is when children are really keen. It is competitive—who can save the most in their little account out of their pocket money and so on? It was really successful. The schools liked it. I would love to get the funding to go back now, to see how those “adults” are coping after having had that education at primary school level, but unfortunately that was not possible. However, I believe that that work helped.

Guy Opperman Portrait Guy Opperman
- Hansard - -

The hon. Lady will be very pleased to know that Her Majesty’s Treasury, present in the form of the Economic Secretary to the Treasury, provides the LifeSavers programme, which I am lucky to have bid for on behalf of my constituency, and which does exactly what she has just described. Her speech might be seen as a bid to continue the LifeSavers programme—it obviously has a life span—and then she would be able to bid for her community to be part of the programme in partnership with the Church of England and whichever credit union she wishes to support.

Yvonne Fovargue Portrait Yvonne Fovargue
- Hansard - - - Excerpts

I shall make sure that Unify, my local credit union, gets a copy of that information.

One of the side effects of sending the adviser into schools, badged as the citizens advice bureau adviser, was that we encountered an upsurge in parents coming to us who were prepared to discuss their debts. It was as if having someone there who was talking to the children made them examine their finances; the children were going home and saying, “Look! We’ve been looking at this!” prompting their parents to examine their own finances, and then they already knew where to go to talk about their debt. So the work had that unintended consequence, which I must admit we found hard to deal with, given the resources we had. Nevertheless, it was really beneficial, so I would encourage the Minister to consider that as a proposal.

Guy Opperman Portrait Guy Opperman
- Hansard - -

I should have said before that it is a pleasure to serve under your chairmanship for the first time, Mr Rosindell, and I welcome you to the Committee.

The hon. Member for Makerfield is right that a significant number of organisations provide, in a primary school setting, particular aspects of financial education in various shapes and forms, whether it is the Association for Citizenship Teaching, MyBnk, the Personal Finance Education Group or a variety of other organisations, and I would happily talk for some considerable period of time and overindulge the Committee on LifeSavers. As she knows, I set up a community bank in my constituency with Archbishop John Sentamu on 5 November 2015, and that community bank has bid for the LifeSavers project in Northumberland, and provides six schools with that financial education. We run six different banks in six different schools in my community. That work is extraordinarily successful. The original pioneer is in Lewisham, which I know the Opposition Whip, the hon. Member for Lewisham, Deptford, will be interested to hear, and the success rate has been wonderful.

The proposal is that the single financial guidance body should have a look at, and then come up with a strategic assessment of, what the provision of financial education of children and young people should be. I take issue with the Opposition on whether Ofsted should judge schools on the basis of financial education. I say, with respect, that it most definitely should not. Ofsted itself does not seek that, so I definitely disagree with paragraph (a) of the amendment. Ofsted, which has been consulted in broad terms, thinks that it would be inappropriate to inspect financial education specifically, since it usually inspects not individual subjects but the curriculum as a whole.

On the broader points raised by the hon. Member for Birmingham, Erdington, the curriculum is ultimately a matter for the Department for Education. He is right that financial education was brought into the secondary context under the coalition Government. Successive Governments have drilled down on the importance of maths, which is an absolute prerequisite and is fundamental to the education of our young people. The maths curriculum has been strengthened to give pupils from five to 16 the necessary maths skills, and I am sure he has seen in his own constituency the success of mental maths and advanced maths in primary schools. We responded to the House of Lords Committee’s report on financial exclusion in a similar way—I make the same case here.

It will be for the single financial guidance body to target specific areas of need, and to match individual funders and providers of education projects and initiatives aimed at children. The amendment is very broad brush. I would prefer the guidance body to be able to zero in on particular areas. That is the purpose of making overall assessment one of its strategic functions. That means that it will be better able to deliver what we all want: enhanced financial education for our children.

We agree about objectives, but I am not sure that we agree about the way forward for delivery. With respect, I invite the hon. Gentleman to withdraw his amendment.

Jack Dromey Portrait Jack Dromey
- Hansard - - - Excerpts

My hon. Friend the Member for Makerfield made a powerful point about the importance of primary schools as places of contact—sometimes the only place of contact—with people who are struggling in their lives. My experience from a number of projects is that what is done in primary school reads across to a child’s parents, so her point is very valuable indeed.

We can question how this should be done, but it is now public policy that children should be involved in financial education. A valuable start has been made with secondary schools, and we will seek at subsequent stages of the Bill to engage with the Government about how that might be extended further. There are questions about the context for that, including the overall maths context, but that can be teased out at the next stage.

Finally, if there is a coalition of support in the Committee for lobbying the Treasury on LifeSavers, I say: “Yes please, but don’t stop at LifeSavers.” On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Jack Dromey Portrait Jack Dromey
- Hansard - - - Excerpts

I beg to move amendment 30, in clause 3, page 3, line 32, at end insert—

“(d) the understanding members of the public have on how the duties placed on financial service providers under the Equality Act 2010, including the requirements on service providers to make reasonable adjustments, can enhance their ability to manage their financial affairs.”

This amendment would ensure members of the public are informed about what financial services companies need to do to comply with the Equality Act, in particular the duty to put in place reasonable adjustments for disabled customers.

The purpose of the amendment is to ensure that members of the public are informed about what financial services companies need to do to comply with the Equality Act 2010—in particular, but not exclusively, the duty to put in place reasonable adjustments for disabled customers. We are rightly proud of that landmark Act in this country, and I am particularly proud that it was introduced by a Labour Government. There have been subsequent problems with its implementation and, dare I say, without wishing to divert into areas where we would disagree, the implementation of clause 1 of the Equality Act is yet to take place. Having said that, on disability matters, there would certainly be consensus around ensuring that people who have problems with their health and who have disabilities of different kinds get the support that they need and are not taken advantage of.

Under the Act, a person is disabled if they have a “physical or mental impairment” that has

“a substantial and long-term adverse effect”

on their ability

“to carry out normal day-to-day activities”.

In that case, a duty to provide goods, facilities or services falls on providers, employers and a range of other parties. People automatically meet the disability definition under the Act from the day that they are diagnosed with a condition such as cancer, multiple sclerosis or HIV infection.

If an organisation that provides goods, facilities or services to the public finds that there are barriers to disabled people in the way it operates, it has an obligation to act, including to consider making reasonable adjustments. If those adjustments are reasonable for that organisation to make, it must make them. That duty is sometimes described as anticipatory, which means that an organisation cannot wait until a disabled person wants to use its goods, facilities or services, but must think in advance and on an ongoing basis about what disabled people with a range of impairments might reasonably need.

An organisation is not required to do more than is reasonable for it to do—I stress that again—but that depends, among other factors, on its size and nature, and on the nature of the goods, facilities and services it provides. Making disabled customers and their advocates aware of that duty means that they will be able to ask their financial service provider to potentially adjust the GFS it offers and to remove any barriers.

Although I would be the first to accept that there is good practice in the sector when it comes to making adjustments for visual and hearing impairments, that is rarely done in the context of the legal framework. In certain circumstances, where that is not done and where conditions such as a cancer diagnosis or neuro-diverse disabilities such as autism, brain injuries and dementia are not considered, that means that people are let down and there is a failure to comply with the terms of the law. For example, the Alzheimer’s Society reports that 66% of people with dementia need some assistance when using a bank and 80% of carers said that banks need a greater understanding of lasting powers of attorney. On the one hand, there is the legal obligation, and on the other, there is an undoubted need for it to be complied with.

There is no reference to the duty to make reasonable adjustments in the Financial Conduct Authority’s handbook. Frankly, I am surprised at that. The handbook contains provisions set out in legislation that are relevant to the FCA and other provisions made by way of instruments by the FCA. It contains a mixture of rules, which are binding obligations that can result in enforcement action if not adhered to, as well as guidance. The amendment will ensure that disabled people or their advocates are informed about the duty to make reasonable adjustments and that they can use that information to ask financial service providers to make adjustments to the goods, facilities and services they provide, which could include removing physical barriers or making services dementia-friendly.

Guy Opperman Portrait Guy Opperman
- Hansard - -

It is a pleasure to respond to the hon. Gentleman’s speech. I will make three key points: I will discuss whether the Equality Act applies to this body in future; I want to give some assurances to the House on an ongoing basis, because that really matters; and I will briefly deal with the point about the duty of care.

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Jack Dromey Portrait Jack Dromey
- Hansard - - - Excerpts

I strongly agree with the hon. Lady, and that is something we might pursue, including on a joint basis, at the next stages. The “Dying to Work” campaign’s objectives are right. To make the obvious point, she will have seen at first hand what a battle it is for people like Jacci, and I am sure that all of us have come across some very powerful cases in our constituencies. The banks and the financial institutions should absolutely, without hesitation, follow Santander’s lead. Santander is to be congratulated for what it did. Do we have a marketplace where everyone conducts themselves in the same way? No, we do not, so the hon. Lady raises a very valuable point.

In terms of the Minister’s response, it is welcome that, following Second Reading, the situation with regard to the Bill is unambiguous. I want to make two additional points. First, we will return to duty of care later. Secondly, the issue of enforcement is very important. The Equality and Human Rights Commission will have a watchdog role to play, but it is important that, from the start, the single financial guidance body is obliged in law to build into the culture of its operation, as we have argued, oversight of how financial institutions conduct themselves in terms of services, goods and facilities for the disabled.

Guy Opperman Portrait Guy Opperman
- Hansard - -

I assure the hon. Gentleman that the whole reason we introduced the vulnerable circumstances provision in the Bill was to address that exact point. I cannot stress enough, and I have made the point repeatedly today, that the objective specifically enshrined in the Bill is that the particular needs of people in vulnerable circumstances need to be borne in mind.

Jack Dromey Portrait Jack Dromey
- Hansard - - - Excerpts

That is welcome. All I will say is that, in our experience, there can be a law or a set of legal obligations, but are they necessarily carried out in practice? In fact, to take the Santander example once again, it took a view that it should do the right thing and that it was obliged by law to do so, but not every provider necessarily takes the same view. The issue of enforcement is key. I stress again that the Equality and Human Rights Commission has a role to play, but at the heart of the SFGB’s operation should be action to ensure that the disabled are not disadvantaged. On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clauses 3 ordered to stand part of the Bill.

Clause 4 ordered to stand part of the Bill.

Clause 5

Specific requirements as to the pensions guidance function

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Has there been some movement? Yes. Have the Government yet gone far enough? No. I wait to hear from the Minister.
Guy Opperman Portrait Guy Opperman
- Hansard - -

May I be clear, Mr Rosindell, that I should speak to amendment 33 and the Government new clauses in the round?

None Portrait The Chair
- Hansard -

Yes.

Guy Opperman Portrait Guy Opperman
- Hansard - -

I am grateful. I will therefore attempt to answer the points made by the hon. Member for Paisley and Renfrewshire South as well. I will take her points first, because there is a sequential approach.

Effectively, we are all dealing with three drafts. The House of Lords, in its wisdom, produced clause 5(2). Subsequently, the Work and Pensions Committee, of which my hon. Friend the Member for Brentwood and Ongar is a member, assessed that and produced what is in reality Labour’s amendment 33—the amendment is a straightforward lift from that Select Committee. The Government then went away and produced new clauses 1 and 2 to see if we could improve on it.

I take on board everything that the hon. Member for Birmingham, Erdington said. It is manifestly the case that we all want to see the full guidance. We are about to have a precise discussion as to which is the best way to get to the objective we all seek. The Work and Pensions Committee was sure, as are the Government, that clause 5(2) is not good enough and we can improve it massively. Therefore, with no disrespect to the hon. Lady, we will reject her amendments because they are to clause 5(2).

The principle is the same: how can we best improve the drafting from the House of Lords? There are a variety of points, and I hope the Committee will bear with me as I set out a little detail. The Government amendments are specifically in keeping with the intent of the Work and Pensions Committee, and go further. They make provision for all schemes providing flexible benefits, including all defined-contribution schemes regardless of whether they are personal, stakeholder or occupational pension schemes, including in Northern Ireland.

I will make two points at the outset. First, the Work and Pensions Committee’s recommendation does not include occupational pensions, so in any event it is fundamentally deficient, because one would definitely want that. Secondly, Northern Ireland is not included. While there is no representative from Northern Ireland on the Committee—the hon. Member for Strangford (Jim Shannon) has not intervened like he normally does—we are in a situation where I have due respect to our good brethren from Northern Ireland, and we are including Northern Ireland in the provisions, which neither of the other provisions had done.

The Government amendments will ensure that there is what we consider proper consideration and co-operation between the Financial Conduct Authority, the Secretary of State and the single financial guidance body so that the FCA rules and regulations are effective, workable and consistent. This is a discrete, important point. The Work and Pensions Committee amendment would require the FCA to impose rules on pension scheme members, but the FCA’s general rules do not entitle that, so the amendment is defective in that way. It also sets out delivery channel exclusions, which would not be appropriate for primary legislation.

The proposal is that there regulations should be informed by consultation. I think all parties agree on that but suggest different mechanisms to get there. Before the hon. Member for Birmingham, Erdington jumps to his feet, I get that such a consultation needs to be speedy—this is not something for the long grass. The regulations will then reflect informed consultation, with all bodies working together to create the right integrated form, allowing for updates and changes in technology, current user needs, best practice and research on existing rules and regulations as well as taking into account potential exceptions.

It is a brave Minister who starts to give exceptions to the rule, but I will give an example that may assist the Committee. If an individual has very, very small pots, as many people do—perhaps of £10 or £12—and wishes to transfer them or consolidate them, the nature of the advice, guidance and default in relation to that person will possibly be very different to the British steel worker we are dealing with in south Wales or Scunthorpe.

On the specific amendments, we with the broad consensus that we can do more. I have set out new clause 1, which is the effective replacement of clause 5(2). The specifics are that we believe that there are greater criteria and tests in the Government amendments than there are in the Work and Pensions Committee amendment.

Alex Burghart Portrait Alex Burghart (Brentwood and Ongar) (Con)
- Hansard - - - Excerpts

I speak as a member of the Work and Pensions Committee. As we set out, clause 5(2) is an improvement on the original legislation. I believe that the amendment made by the Opposition—it is very flattering to see the wording from the Work and Pensions Committee report—was an improvement on that, but new clause 1 and 2 are an improvement on that amendment for the reasons the Minister has set out. All schemes are involved, and the Opposition amendment places the onus on the individual, whereas the Government’s amendments place the onus on trustees or management, which is a preferable way of proceeding. Does the Minister agree?

Guy Opperman Portrait Guy Opperman
- Hansard - -

My hon. Friend is right to make that point. The provider will be required to ask members and other beneficiaries looking to access or transfer their pension benefits if they have received either pensions guidance or independent financial advice. If the member indicates that they have not received guidance or advice, the provider will have to recommend that they seek it. The provider will also have to ask the member whether they want to wait while they access guidance or advice, or, crucially, to confirm that they want to proceed without receiving it.

That will do two things from a behavioural nudge perspective—I suspect we will talk about behavioural nudges at great length. First, asking the scheme member if they would like to wait before accessing their pensions benefits so that they can receive guidance will give a clear steer that receiving guidance is the default option. Secondly, asking people to confirm that they want to access their pension without first receiving guidance ensures that the scheme member has to take an active decision to opt out. We believe that that strikes the right balance. It ensures that people are encouraged to take guidance without removing the element of personal choice. It also does not inconvenience those who have already accessed appropriate guidance or independent financial advice.

I could give a number of different quotes, but I will cite Tom Selby, the senior analyst at AJ Bell, who described the original auto guidance idea as weak and said that our proposal represents an improvement. He said:

“Automatically enrolling members into guidance for each transfer or every time they took money from their own pension pot—when they have already decided what they want to do—would have caused massive delayed and huge complaints.”

It was by no means clear, previously, that

“it would have a material impact on the take-up of guidance. It therefore risked being…ineffective.”

He added:

“The new amendment is a vast improvement and, in the short term, should help increase awareness of the importance and value of advice and guidance. It also gives the Financial Conduct Authority breathing room to consult on alternative nudges towards guidance that have been shown by research to be effective.”

The amendments also ensure that the occupational pension schemes that provide flexible benefit are covered—they are not covered by the Work and Pensions Committee’s suggestion—including those in Northern Ireland. Our proposals seek to ensure consistency of approach between personal and stakeholder pension schemes, which are regulated by the FCA, and occupational pension schemes.

Mike Amesbury Portrait Mike Amesbury (Weaver Vale) (Lab)
- Hansard - - - Excerpts

It is a pleasure to serve under your chairmanship, Mr Rosindell. I have a point of clarity. Surely a move from recommended guidance to default guidance would result in a higher up-take of independent advice and guidance.

Guy Opperman Portrait Guy Opperman
- Hansard - -

We are into behavioural economics and nudge theory. In broad terms, imposing greater barriers to force people to do things should in principle get a greater take-up. However, there is a fine line. If we place too many hurdles in the way of the individual, they will not move anything even if it is in their interest, and they simply will not engage with the process. While one may agree or disagree with the concept of pension freedoms and having the ability to choose whether to consolidate pots or access them to do with them whatever one wishes, that freedom is available. One therefore has to be careful because, if there are too many barriers in the way, people simply will not engage with that policy.

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Mhairi Black Portrait Mhairi Black (Paisley and Renfrewshire South) (SNP)
- Hansard - - - Excerpts

I apologise for my lateness, Chair; there were travel disruptions outwith my control. No discourteousness was intended. I appreciate the Minister saying that he would get in touch with me about my amendment.

Guy Opperman Portrait Guy Opperman
- Hansard - -

On the hon. Lady’s previous amendment, which we did not get to, I will write to her before Report or Third Reading with a detailed answer.

Mhairi Black Portrait Mhairi Black
- Hansard - - - Excerpts

I also appreciate the Minister’s honesty in getting straight to the point and saying that he will reject amendments 40 to 41. To return to my point, I think that if we do not strengthen clause 5, it will be a real missed opportunity. The Lords amendment was a welcome move in the right direction—that is why I was quite looking forward to building on it—so it is a disappointment to hear him say that the Government will carry on with this watered-down version.

It seems totally counter-productive if we are now at a stage where we acknowledge as we write policy that people do not understand pensions and they do not have a clue about them, on the whole. That is the gist. People want someone to hold their hand through the process, not ask them, “Have you had advice?” “No, I haven’t.” “Right. Okay, we’ll move on.” The Minister said that the onus would be put on the individual. To me, what the Government are suggesting does put the onus on the individual rather than on an independent body to hold people’s hands and guide them through the process. It seems like a missed opportunity. Forgive me if this is the wrong time, but I will press amendments 40 and 41 to a vote at the appropriate time.

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Question proposed, That the clause stand part of the Bill.
Guy Opperman Portrait Guy Opperman
- Hansard - -

In the circumstances, I am delighted to say that I do not believe this clause is controversial.

Question put and agreed to.

Clause 6 accordingly ordered to stand part of the Bill.

Clause 7

Debt respite scheme: advice to the Secretary of State

Jack Dromey Portrait Jack Dromey
- Hansard - - - Excerpts

I beg to move amendment 34, in clause 7, page 5, line 24, leave out subsection (1) and insert—

“(1) The Secretary of State must, within the period of six months beginning with the day on which this Act comes into force, introduce a debt respite scheme.”

This amendment will require the Secretary of State to set up a debt respite scheme within 6 months of this Act coming into force.

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Jack Dromey Portrait Jack Dromey
- Hansard - - - Excerpts

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 7 ordered to stand part of the Bill.

Clause 8 ordered to stand part of the Bill.

Clause 9

Guidance and directions from the Secretary of State

Question proposed, That the clause stand part of the Bill.

Guy Opperman Portrait Guy Opperman
- Hansard - -

The clause gives the power to give guidance to the single financial guidance body and directions specifically on the way it exercises its functions. I do not believe that it is contentions.

Question put and agreed to.

Clause 9 accordingly ordered to stand part of the Bill.

Clause 10

Setting standards

Question proposed, That the clause stand part of the Bill.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss clause 11 stand part.

Guy Opperman Portrait Guy Opperman
- Hansard - -

I will briefly address the matter of the standards, which the clause will require the single financial guidance body to set out, and their enforcement and monitoring. The clause will require the FCA to review those standards and how the body is monitoring and enforcing those standards. We believe that is appropriate in the circumstances, and that we are creating this body with a degree of scrutiny in the right and proper way.

Jack Dromey Portrait Jack Dromey
- Hansard - - - Excerpts

We rehearsed this morning the importance of the independence of the body, in terms of its operational role, on the one hand. On the other hand, there is common ground that there should be proper accountability and oversight. We are content with the proposed arrangements.

Question put and agreed to.

Clause 10 accordingly ordered to stand part of the Bill.

Clause 11 ordered to stand part of the Bill.

Clause 12

Financial assistance from the Secretary of State

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Guy Opperman Portrait Guy Opperman
- Hansard - -

Can I answer the point raised directly? It is absolutely the case that merging three bodies and having one building rather than three will create some degree of potential cost efficiencies, but we are absolutely of the view that those efficiencies should then be directed into frontline services. I can unequivocally give that assurance to the Committee.

The hon. Gentleman referred to the original response to the consultation. It is true that there is an expectation that rationalising the provision will create some operational efficiencies. One would expect that. However, that same response made it very clear that the intention was for any savings to be channelled to frontline delivery of debt advice, and money and pensions guidance. I could not be any clearer on that in any way whatsoever.

I manifestly want to make that point, but I also disagree that there will be an insufficiency of funding, and the reason for that, it seems to me, is threefold. First, this is effectively not taxpayer-funded; it is done by a levy. The levy is a moveable feast, depending upon the need identified by the individual organisation, and it is something that can be assessed and increased on an ongoing basis, to provide the service that, it seems to me, we all wish to ensure is there. Secondly, there is capacity to top up the levy, should the Secretary of State wish to do so, and the financial guidance body on an ongoing basis, and that additional funding can be provided.

The proposed amendment has the bizarre, counter- intuitive effect of removing the discretionary nature of the financial assistance that the Secretary of State can provide. I simply make the point that while we are keen to ensure that this body is run more efficiently, in terms of amalgamating most probably into the High Holborn offices of the Money Advice Service, we certainly believe that this is something the levy will be able to fund, and if it is the case that this expands the provision—the House of Lords seems to have done so and this House may do so as well—then the levy may go up to accommodate the need as has been described. With those assurances, I respectfully ask the hon. Gentleman to withdraw his amendment.

Jack Dromey Portrait Jack Dromey
- Hansard - - - Excerpts

The assurance that this is not a cost-saving measure is very welcome, but I stress again: is there an economy of scale? Are there possibilities, for example, of freeing up, by locating in one location, which is very likely to be the case? All of that is absolutely true, but right at the start, as we go down this path, to see a welcome mechanism created, we need to be confident, and to send a message to the people out there that they can be confident, that the new organisation will be effective, dynamic and properly resourced. Therefore, on the basis of the assurances given, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 12 ordered to stand part of the Bill.

Clauses 13 to 20 ordered to stand part of the Bill.

Schedule 3

Minor and consequential amendments relating to Part 1

Amendment made: 19, in schedule 3, page 34, line 22, leave out paragraph 13—(Guy Opperman.)

This amendment removes the amendment to s.137FB of the Financial Services and Markets Act 2000 in the Schedule 3 which was needed in consequence of the Bill, because this is now dealt with in the new clause inserted by NC1.

Schedule 3, as amended, agreed to.

Clauses 21 to 23 ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned. —(Amanda Milling.)

Draft Financial Assistance Scheme (Increased Cap for Long Service) Regulations 2018

Guy Opperman Excerpts
Tuesday 30th January 2018

(6 years, 9 months ago)

General Committees
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Guy Opperman Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Guy Opperman)
- Hansard - -

I beg to move,

That the Committee has considered the draft Financial Assistance Scheme (Increased Cap for Long Service) Regulations 2018.

It is an honour to serve under your chairmanship for the first time, Mr Wilson.

The regulations were laid before the House on 18 December 2017, and they deliver a commitment that was made to the House on 15 September 2016 to introduce a cap for long service in the Pension Protection Fund and the financial assistance scheme.

The Government have listened carefully to stakeholders, and a stakeholder consultation took place between last September and October on the draft regulations, which apply to those with long service in a single pension scheme.

The Committee will agree that it was right for the Blair Government to create the Pension Protection Fund and the financial assistance scheme. All successive Governments have supported both schemes, which ensure that individuals who have saved for their retirement during their working lives receive assistance if their pension scheme winds up underfunded.

The regulations increase the maximum amount that an individual can receive from the financial assistance scheme if the individual has long service in an eligible pension scheme. Those who are disproportionately affected by the cap on the amount of assistance payable to an individual member because they have long service in a single scheme will have their maximum cap amount increased. The cap is currently £34,229 at age 65, and reduced if a member opts to receive their assistance early. The cap helps to limit the costs of the FAS, which is funded by the taxpayer.

Individuals accrue high pensions for two reasons. Some will have been high earners, in which case they have generally had opportunities to secure alternative savings for retirement, but others will have worked for the same employer for a long time and consequently may have little or no other private pension savings to offset the shortfall between the capped assistance and what they had expected from the pension scheme had it not failed.

This legislative change will benefit the second group by ensuring that an individual’s long service in a single scheme is not disproportionately affected by the cap. The maximum amount of assistance that is currently paid to an individual will be increased by 3%, funded by the taxpayer, for each full year of pensionable service above 20 years, subject to a new maximum of double the standard FAS cap amount. In those circumstances, I commend the regulations to the Committee.

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Guy Opperman Portrait Guy Opperman
- Hansard - -

I am grateful for the hon. Gentleman’s questions. Let me address them briefly in reverse.

On Port Talbot, the reality is that members of the British Steel pension scheme who do not opt to enter the BSPS2 opt-out will go into the Pension Protection Fund, so they will not be affected by the financial assistance scheme.

On data, the hon. Gentleman raises a fair and legitimate point that has concerned successive Governments. I know that he is a massive supporter, as I am, of the pensions dashboard, an effort from the Government and from all organisations that run pension schemes to make data accessible on a uniform platform. We have launched that initiative and the Department for Work and Pensions is taking it forward. I will happily set out more detail in writing on that point and others, but to put it bluntly, we all agree that data needs to be improved and made accessible in a single portal. We will report to the House before the end of this term with the results of the DWP feasibility study on the dashboard. We hope to take it forward in 2019.

On the assessment of the losses to members from the closure of the FAS, 10 years’ notice of the closure was given—that was widely publicised in 2016. The hon. Gentleman also raised the impact on social security benefits of failure to seek access to the FAS. I reassure him that since it is the responsibility of the scheme trustees to apply to the FAS and there is no requirement for individual members to do so, it is extremely unlikely that failure to apply to the FAS would have an impact on a member’s social security benefits.

I accept entirely that there may be some outstanding matters on which I will need to double-check that I have responded to the hon. Gentleman, and I shall do so in writing. I believe that the regulations strike the correct balance between securing meaningful income in retirement for members compensated by the financial assistance scheme and managing the cost to the taxpayer. They show that we have decided to act to fix a long-standing problem with a scheme that has long been supported—and rightly so—by successive Governments.

Question put and agreed to.

Financial Guidance and Claims Bill [Lords]

Guy Opperman Excerpts
Yvonne Fovargue Portrait Yvonne Fovargue (Makerfield) (Lab)
- Hansard - - - Excerpts

It is a pleasure to follow the hon. Member for Chippenham (Michelle Donelan). Unsurprisingly, I will talk about debt later.

I welcome the thrust of the Bill. Consolidating the three bodies into one makes sense, but the new one must be well run. It may be a little churlish, but I would point out that the Money Advice Service has rightly been criticised over the years, not least in this place, for its attempts to duplicate the work undertaken by more experienced agencies that are better known to the public. It has spent an inordinate amount on a fancy website and on television adverts—£26 million in one year—which did little to raise its profile. After all, who apart from me remembers, “What would MA say?” in its adverts? I remember that only because I used to swear at the television when they came on.

The new body has to be leaner. The thrust of its role must be to facilitate the work of others. That is where the money should go: not on promoting itself—not on fancy adverts—but on facilitating the work of others that already have brand recognition. Frontline delivery should be key, and it should not duplicate existing services, but focus on filling the gaps using existing high-quality not-for-profit providers.

I am a little alarmed that the recent contract round included for-profit providers. I worked at a debt advice charity when A4E got contracts, and I remember what a disaster it was during those contracts. Given the recent privatisation of Carillion and the problems it has had, perhaps we should focus on not-for-profit agencies that have existed for a very long time. In fact, the 80th anniversary of Citizens Advice is coming up shortly. It has existed for over 70 years with very little funding, so it—we—can manage money.

Clause 3(10) makes it clear that the new body needs to “work with others” in carrying out its strategic function. I interpret this as meaning that it should take a collaborative approach, and I hope that that will be the case. Any standards put in place should be designed in conjunction with the relevant providers and other bodies, and designed around people’s needs—those of the people who use the service and of the people who deliver it—and what works in practice. I must say that quantity does not always equal quality and good outcomes for people using the service.

There should be different channels with different funding. People may sometimes want to start on one channel and move to another. Face-to-face access can be more important, but people sometimes need an initial contact. As I always say, it used to be a black joke in the citizens advice bureau where I worked that if someone walked in with a carrier bag with unopened bills, we would say, “Aha! That’s a debt client.” If such people cannot even open their bills, they are not going to go online.

The object of the single financial guidance body is to ensure that the public have access to good-quality, free and impartial financial guidance, pension advice and debt advice. That aim is fine, but if the new body is to work well, we must ensure that its objectives and functions are clear and comprehensive; that the governance and oversight structure, under the Department to which it is responsible, is robust; and that it does not stray into trying to raise awareness of itself and conduct its own research. I want the body to have a laser-like focus on commissioning high-quality, independent services that will help more people to avoid financial difficulty and debt.

Improvements were made in the Lords to the Bill as originally drafted, and I welcome them. For example, the consumer protection function is really vital, and I hope that the Government will not to remove the provision when the Bill goes into Committee. The same goes for cold calling. That amendment gives the new body the power to advise the Secretary of State to ban cold calling for pensions.

We have heard enough on both sides of the House to be able to say that such a ban should apply across the board. There is a strength of feeling in favour of saying that cold calling is not helping consumers or anyone else. I get cold calls asking whether I have had an accident, but I have not had an accident in my car—touch wood—for 25 years. When I had such a call last week, I got the name of the company and its telephone number, and I reported it to the Telephone Preference Service, but the TPS still could not find the company—it was a shell company—and that is not good enough.

To be fair, the Minister in the other place did listen, and on Third Reading the Government introduced their own amendment to add the objective that the new body should bear in mind

“the needs of people in vulnerable circumstances”.

That is a real move forward, but it would be good to link this more explicitly with the promotion of financial inclusion, and it is a real shame that that was missed. It is a real boon to have Ministers with responsibility for financial inclusion—they are a bit like buses: we wait for one, and then two come along at once—but there is a worry that something may fall through the cracks. I believe that the Lords Financial Exclusion Committee, which looked at this issue, was right to say that there should be a financial inclusion Minister who works across the board. How many Departments have been mentioned already today? We have heard about BEIS, DCMS, the Treasury, the DWP and the Ministry of Justice. We need somebody who can look at this across all Departments and have a proper financial inclusion strategy.

Guy Opperman Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Guy Opperman)
- Hansard - -

I merely make the point that my hon. Friend the Economic Secretary to the Treasury and I will be hosting the financial inclusion policy forum together. Surely the whole purpose of the response to the Financial Exclusion Committee’s report was to ensure joined-up Government by the two principal Departments holding other Departments’ feet to the fire, and I assure the hon. Lady that that is what we intend most fully to do.

Yvonne Fovargue Portrait Yvonne Fovargue
- Hansard - - - Excerpts

I am very pleased to hear that, but I think financial inclusion is so important on so many levels that it needs a Cabinet position, and having one Minister responsible for it would be really helpful.

I am pleased to hear about the breathing space, for which there is cross-party support. It is long overdue, and we need to ensure that it is up and running as soon as possible. We should not really wait for the creation of the financial guidance body as is proposed in the Bill, because that will be at an uncertain date and we need a timeframe now. After all, six in 10 people, while they are waiting for advice, take out more credit while they are not protected and are being chased by creditors, because it is very easy to promise something to the last person who rings them or knocks on the door.

We have to get the scheme details right, as has been said. It should not just act as a moratorium or a freeze. It should introduce a statutory repayment plan so that debtors are protected while they repay their debts, and the period needs to be long enough for the debt solution to be put in place after seeking advice. Six weeks is not long enough. Frankly, when somebody brings in all their debts, they often forget one. When people write to creditors, some reply immediately while others delay, thinking, “If we don’t bother, we can put a bit of pressure on.” Then the person finds another debt that they had forgotten about, so they have to write again and do another financial statement. Six months is the minimum amount of time to get everything back and to work out a proper financial statement that covers all creditors. Twelve months is probably reasonable, but there should be a minimum period and an option to extend. It should be a reward for those people who are doing the right thing and seeking debt advice.

The scheme needs to include all debt, including that owed to central and local government, which have the worst record on forbearance. In fact, the utility companies, which are often derided, are often better. On council tax arrears, bailiffs are called in far too early and far too often.

It is crucial that the Government get it right when replacing the Money Advice Service. Getting effective financial guidance to people early is key to improving household finances and economic security. We need a body that recognises that people often need help before they reach crisis point. Moreover, once they reach that crisis point, they need to be able to access debt advice quickly, and they need to go to the right body. It is after they have sought debt advice and have a financial statement that they will focus on budgeting for the future, so let us give them guidance after they have had debt advice, because that is when they will concentrate on household bills and what they will do in the future.

The scheme also has to recognise that it does not take a lot to push those on low income into financial difficulty and a spiral of debt. It only takes an income shock. It does not always have to be a big thing such as divorce, job loss or bereavement. It is often something simple such as the washing machine breaking down or expensive repairs to the car they need to get to work. A little resilience and savings would help to address such issues. I want a scheme that helps people save, and the new body could play its part in that. Yes, there is the savings gateway, but, frankly, that expects people to design their lives around the savings scheme, which will not work. People on a low income regularly have small income shocks and saving every month is not always feasible.

I am keen on the work of the Behavioural Insights Team and the interesting developments it has seen on how to save. For example, some supermarket bills say, “You have saved £2 by using this supermarket”, and that money could be put into a savings scheme. People have to be able to say, “This week I cannot or can afford to save.” A regular amount is not really possible in today’s climate.

The Bill has been improved in the Lords and I hope that it can be further improved in this place, to produce a Bill that makes a real difference to people—not just those on a low income, but anyone who receives an income shock, is having problems managing their finances or needs a bit of help budgeting. Financial education in schools is really important. It is important that we teach children how to deal with their finances, but when the washing machine breaks down, speed trumps any form of lessons, interest rates and so on, and that is why the companies say—we have seen the adverts—“I can get the money to you tomorrow.”

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Emma Hardy Portrait Emma Hardy (Kingston upon Hull West and Hessle) (Lab)
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It is a pleasure to follow the hon. Member for Mid Derbyshire (Mrs Latham). I particularly welcome her comments about the Dying to Work campaign, which I am supporting in my constituency, too.

Crippling personal debt is a huge problem. The stress of not knowing what a letter contains and never being sure whether it is the bailiffs at the door can sour relationships, destroy families and make people ill. On this Government’s watch, household debt is now higher as a percentage of disposable income than at any time since 2008, and figures show that nearly 4,000 families in Hull live with problem debt. I therefore welcome the opportunity the Bill affords us to discuss such an important issue, and although it is a wide-ranging Bill, I will confine my contribution to clauses 7 and 8 on the statutory breathing space scheme.

Guy Opperman Portrait Guy Opperman
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I want gently to take issue with what the hon. Lady just said: the overall level of household debt is actually lower than it was in 2010 and 14 percentage points down in relation to quarter one of 2010, compared with quarter three of 2017. I am not sure therefore that her original comment was correct.

Emma Hardy Portrait Emma Hardy
- Hansard - - - Excerpts

I do not mean that debt is higher as a proportion of income; I meant that it is higher as a percentage of disposable income, which the Minister will find it is.

The Government need to do three things with the scheme if they are properly to grant the breathing space people need. First, the scheme must be applicable to all relevant debts, including central and local government debt. To take one example, I recently met the organisation Every Child Leaving Care Matters, where I learned about the problems some care leavers face with things such as council tax obligations. After years of having these bills paid for them, they can often find themselves with mounting debt and without the support, including family support, that many of us here take for granted. That is why I was delighted when Labour-led Hull City Council announced recently that nearly 350 youngsters leaving the care system in the city would not have to pay council tax in Hull until they turned 21.

The scheme will be one of the first policies of its kind in the country when it starts next April and could mean that each of these people saves at least £900 a year. That is fantastic news for Hull but unfortunately not for the rest of my constituents in the East Riding of Yorkshire Council. We can end this unacceptable postcode lottery by supporting the Bill today. It is not just care leavers who are affected either—many people owe money to central and local government—and by ensuring that these debts are included in the breathing space scheme we can help care leavers and many others keep their heads above water.

Secondly, the scheme must make sure that the Government’s consultation, while thorough, is carried out as quickly as possible. There is a danger that the words,

“As soon as reasonably practicable”

in clause 8 will allow the Government to drag their feet in deciding whether to introduce this breathing space scheme. That must not be allowed to happen. The Secretary of State must act quickly to make sure that a scheme is put in place and that support is offered to those who need it now.

Thirdly, the scheme must ensure that the breathing space is long enough to provide time for families to stabilise their finances and that support is in place to allow them to pay their debts in a manageable way. It is no use holding back the creditors from the door for a randomly chosen six-week period if, at the end of those six weeks, the family can still not pay. If we are to set a breathing space, we must get the period right.

We must get this right. Not to do so would not be in the interests of our economy, which already struggles with high personal debt; it would not be in the interests of creditors, who, according to statistics from Scotland, collect more of what is owed to them when a payment plan is followed; and it would definitely not be in the interests of the many families in my constituency drowning in an ocean of personal debt. On clauses 7 and 8 at least, the Government find themselves in the rare position of enjoying cross-party support and with a rare opportunity to make my constituents’ lives a little easier. On their behalf, I ask the Minister and the Secretary of State to act quickly and, further to the points made by my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams) from the Front Bench, to take on board my points and grasp the opportunity being offered to help so many people.

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Paul Masterton Portrait Paul Masterton (East Renfrewshire) (Con)
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I am pleased to speak in support of this Bill, which is of real significance to my constituents, given the demography of East Renfrewshire. I refer Members to my entry in the Register of Members’ Financial Interests. Prior to coming into this place, I spent nine years as a specialist pensions advisory solicitor and I was a member of various fun organisations such as the Association of Pension Lawyers—it is, I assure Members, as exciting as it sounds.

Part 1 of the Bill creates a single financial guidance body to replace three existing services. It is a much-needed move to make public financial guidance more accessible and more integrated. The services offered by the Money Advice Service, the Pensions Advisory Service and Pension Wise are somewhat disjointed, and there is a lack of communication and co-ordination between the three services. That is why only 3% of Pension Wise users say that they first heard about the service from the Money Advice Service, for example. As we are talking about public financial guidance services, those figures should be much higher.

That is why it is important that the three services are replaced with one body. Instead of having to contact two or more services for different aspects of financial guidance, people will be able to access one integrated and holistic service. It is absolutely critical that people across the UK can access independent, impartial and high-quality financial guidance.

It should go without saying that the ultimate measure of a guidance service is whether the guidance it provides is useful. I would, therefore, like the single body to be subject to rigorous evaluations based on consumer outcomes, not just outputs, to ensure that it is fulfilling its role. Much of the anticipated success of the new SFGB assumes that the new body publicises itself effectively. According to Which? around two thirds of people are aware of each of the three existing bodies. It is crucial that the single financial guidance body quickly achieves and then surpasses those levels of awareness, so that as many people as possible can access its services. Linking in with the pensions dashboard to give users a prompt would be a simple step.

Pension freedom and choice was mentioned earlier in the debate. It has changed the pensions landscape, but while Pension Wise is sensible Government policy, it is predicated on individuals becoming engaged investors, so it does not mitigate risks for most people. Research by the Pensions and Lifetime Savings Association found that only 22% of individuals used the Pension Wise website. That is nowhere near good enough if we are serious about ensuring people are going to provide a sustainable retirement for themselves.

In its comprehensive Financial Lives survey, the FCA identified further detail on the shockingly low levels of guidance usage among key age groups, with only 7% of all 55 to 64-year-olds using the service in the last 12 months. Perhaps it is not surprising that the PLSA found that, of the 3 million individuals between the ages of 55 and 70 with defined-contribution pots not yet in payment, 300,000 had taken no action whatever. Of those who had, 15% had used the new freedom to take more than their 25% tax-free cash lump sum. When they took that cash, 20% spent it all—what is sometimes colloquially known as the Lamborghini option.

Freedom and choice is great. I like it, but it brings with it the inherent risk of life-destroying choices, and the role of the SFGB has to be to provide guidance to try to prevent people from making those mistakes. Individuals face really complex risks when selecting how to use their pension savings. The language, concepts and risks are all unfamiliar to most people. How we use our retirement funds is one of the most important decisions we will make in our lives, and impartial, independent support to help us to make an informed decision is absolutely vital. It is clear to me at least that the new SFGB is integral to the success of freedom and choice. It has to be the anchor in terms of accessing high-quality guidance, so that people can evaluate their options and make best use of what they have saved.

Given everything I saw and experienced before coming into this place, I remain hugely attracted to the principle of default guidance, mirroring the approach taken to auto-enrolment, with statutory opt-out provisions. Clause 5(2) could be strengthened, as was recommended by the Work and Pensions Committee. The Minister has made some positive noises about that, but if we are looking for something as close as possible to a silver bullet, default guidance is probably it.

I would also question precisely how the SFGB is going to work alongside the new pensions dashboard. The dashboard is long overdue. It is a tool that brings together an individual’s pension entitlements—state, workplace and personal—and it will be really widely used. However, I have a slight worry that providers will be, and indeed are, setting up their own branded variations.

Guy Opperman Portrait Guy Opperman
- Hansard - -

In contemplating my hon. Friend’s outstanding speech, let me help him with a couple of points. The dashboard is being proceeded with, and I will be making a statement to the House before the end of March, giving an update on the process by which these things are taking place. I will address some of the other remarks in his speech at a later stage.

Paul Masterton Portrait Paul Masterton
- Hansard - - - Excerpts

I thank the Minister for his intervention. On that basis, I will move on to clause 4 and pensions cold calling.

Losses from pension scams rose to £8 million in March last year, and over £40 million has been lost to pensions liberation—something I dealt with a lot in practice —with individuals being tempted to transfer out of generous final salary schemes to access their pension pot prior to age 55, with the 55% tax charge that came with that.

Though big steps have been taken, the scammers are clever, and their approaches are becoming more sophisticated. Citizens Advice believes that around 2.4 million 55 to 64-year-olds received unsolicited contact about their pension in the year after pension freedom and choice was introduced. A cold call ban will narrow the scope for scammers, but if we have a default guidance requirement, there is more chance of the individual being alerted, before they take the option to transfer, to the risk they are facing.

Other Members have been through clauses 7 and 8 in detail. Like all things, the debt arrangement scheme we have in Scotland is not perfect, but it is a good place to start, as I think the Government recognised in bringing forward the provisions they did on Third Reading in the other place. A statutory debt management plan is a good thing, not least because it should avoid insolvency.

Under Clause 11, arrangements are introduced for the funding of debt advice in Scotland, Wales and Northern Ireland. The delivery of debt advice will be devolved, but raising a levy to fund the provision of that advice is reserved. I do have some concerns here. While I completely understand the rationale for devolving debt advice, given the other advice and guidance services commissioned from Edinburgh, Cardiff and Belfast, I am not precisely clear how this is going to work in practice.

The functions of the new single body fall into two categories: the debt advice function, under which it will provide members of the public only in England with information and advice on debt; and the strategic debt function. That strategic function is UK-wide, so we will have a situation where the single body’s functions in relation to financial capability, money guidance and the strategic debt function are UK-wide, but the debt advice function is not. That debt advice function really does have to dovetail with the UK-wide elements of the SFGB, irrespective of its delivery by the devolved Administrations, if this is going to work. I am not entirely clear how we are going to ensure that that happens.

Clauses 10 and 11 require the SFGB to set and enforce standards across the debt advice partners it commissions, because debt services are predominantly provided by service providers, many of whom operate cross-border. However, with the procurement and provision of debt advice services devolved, that role sits not with the SFGB in Scotland, Wales or Northern Ireland, but with the devolved Administrations. As was pointed out by many bodies in the consultation, that could raise issues. Of course, the devolved Administrations may want to tailor services to meet particular requirements, but there really is a strong case for ensuring that standards are aligned, both for providers who operate cross-border and for UK consumers. I ask the Minister to outline how he intends to work with the devolved Administrations to ensure that the commissioning of debt advice services is joined up as far as possible to ensure we get the dovetailing I mentioned earlier.

I am conscious of time, so I will not go into part 2 in much detail, other than to say that I am pleased that the Scottish Government have changed their position from not wanting part 2 to extend to Scotland to agreeing that it should now extend to Scotland. That, combined with some of the measures going through the Scottish Parliament at the minute, particularly around no win, no fee solicitors, will make a big difference on some of the issues around claims management companies north of the border.

The Bill has two pillars, both of which are much needed. Although the provisions allowing for a single, integrated financial guidance service are not the end of the story, they are important advances. I am absolutely delighted to support the Bill, and I thank the Minister and his team for bringing it forward. This is a really difficult area, and he has grasped the nettle—or, as we are in Burns season, the thistle—and brought to this House legislation with real intent and purpose, which will, along with the Government’s other initiatives on pension saving, make huge positive changes to how people monitor and manage their finances.

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Guy Opperman Portrait The Parliamentary Under-Secretary of State for Work and Pensions (Guy Opperman)
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It is a pleasure to reply to the debate on behalf of the Government. I thank the hon. Member for Birmingham, Erdington (Jack Dromey) for his kind comments. It is true that I set up a credit union and a community bank in Northumberland, which I am exceptionally proud of. As my hon. Friend the Member for Redditch (Rachel Maclean) and the hon. Member for Harrow West (Gareth Thomas) outlined, credit unions are a vital part of the financial makeup, and they will be covered by the single financial guidance body, as they are already by the Money Advice Service. There was a broad consensus in the other place, as there is in this place, that the Bill will address many of the issues that concern our constituents most deeply.

I have been delighted to listen to 21 speeches today, and to be invited to answer, by my counting, 119 separate questions, and to do so all in 10 minutes, so I will write to hon. Members if I do not manage to answer their questions this evening. I will of course write to the shadow Secretary of State on the individual matters she raised, and to the Scottish National party spokesman, the hon. Member for Airdrie and Shotts (Neil Gray). I make the fair point that the merger was sought by all three organisations concerned, and that funding to the devolved Administrations will most definitely not decrease; at the very least it will stay the same, but potentially it will go up.

I welcome all the speeches we heard today. It is hard to cherry-pick individual speeches, but my hon. Friend the Member for Chippenham (Michelle Donelan) made an outstanding contribution, showing her commitment to addressing problem debt. I can assure her that we will be proactive in this process. As she will be aware, the Bill was one of the first introduced by the new Government, having started its passage in the House of Lords. There was broad consensus in the other place that a single body is the best way forward, ensuring that people can easily access the free and impartial financial guidance they need to make effective decisions about pensions and money and to seek advice on debt.

The Government are genuinely passionate about the need to address financial exclusion. I am delighted that, as the Minister responsible for pensions and financial inclusion, I am taking the Bill forward, working hand in glove with my hon. Friend the Economic Secretary to the Treasury—we are very much co-ordinating a cross-Government approach to these issues. The Government are committed to providing people with access to the individual tools and services they need to plan their lives so that they feel included in society and avoid the unnecessary costs of financial exclusion.

I have had many dealings with the hon. Member for Makerfield (Yvonne Fovargue) on this issue, and I am delighted to be working with her on the Bill. I suspect that she will be on the Bill Committee, holding the Government to account but also taking forward these matters, which concern all of us on a cross-party basis. I utterly endorse her approach that the new body should have a laser-like focus on commissioning.

I was moved by the outstanding speech of my hon. Friend the Member for Mid Derbyshire (Mrs Latham), who offered a graphic illustration of the difficulties experienced by her constituent, Jacci. I endorse her comments. Having had cancer and recovered from it, I very much accept the points raised by Macmillan. However, there are provisions within existing legislation, and within the capabilities of the FCA—between the FCA’s principles of business and the work of Santander, which she rightly identified—that address these points and which really address the point about the duty of care.

We want people to be able to access the right guidance as a first step towards taking control of their finances. Part 1 of the Bill, which sets out the new body, will give people the opportunity to move in the right direction. It will continue to fund debt advice as well as to fund and evaluate financial capability programmes, including financial initiatives aimed at children. In this way, it will help people of all ages and backgrounds to manage their money better and make the most of the financial services and products available.

Part 2 of the Bill is equally important. It will enable the transfer of claims management regulations from the Ministry of Justice to the FCA, and it ensures that we have the transfer of complaints handling responsibility to the financial ombudsman and the introduction of new fee restrictions, with the 20% interim fee cap that many have outlined as the right way forward. We believe that these measures will genuinely tackle a range of conduct issues within the market, ensuring a tougher regulatory framework and increasing individual accountability.

My hon. Friend the Member for East Renfrewshire (Paul Masterton), in an outstanding speech—he keeps doing that—brought his professional, specialist knowledge to the debate, and I pay tribute to him for all the work he has done. Let me address the point that he and others have raised about the Work and Pensions Committee. We are certainly considering the Committee’s report in relation to clauses 4 and 5.

We support the need for default guidance for people wishing to take advantage of pensions freedoms. That is why the new body is specifically required to meet the Government’s guarantee to make free and impartial guidance available to those considering accessing their pension pots. The existing signposting regime already provides individuals with important information and encouragement to take advantage of guidance and advice before accessing a pension pot. However, the Government accept that there is merit in providing for people to receive a further nudge, and that this is the right direction of travel. To this end, my officials are reviewing the proposals put forward by the Select Committee, and we will respond to the House and to the Bill Committee in due course. On the pensions dashboard, we will respond to this House before the end of March. It is absolutely the case that we wish to take this forward.

The only discordant note in the entire debate was the speech by the hon. Member for Bristol North West (Darren Jones), who attacked my right hon. Friend the Secretary of State and sought to find out the current situation on debt. Households’ financial positions can be assessed by a number of criteria. However, the ratio of net wealth to income is at a record high, while debt interest as a proportion of income is at a record low—at 4.2% in quarter 3 of 2017 compared with 10% in quarter 1 of 2008. Total household debt as a proportion of income is down by 14 percentage points, comparing quarter 3 of 2017 and 2010, and further down compared with quarter 1 of 2008.

On breathing space, there is an endorsement from all parties that this is the right way forward. I entirely accept that there is still work to be done. However, I remind the House that there is also a statutory repayment plan, which was also in our manifesto. This Government made clear our support for breathing space in our manifesto and in the House of Lords.

With regard to the outstanding matters, a variety of points were brought before the House, and I will address them by writing to individual Members before the Committee sits.

We believe that this Bill is a sustainable legislative framework for public financial guidance. It will help to tackle a range of conduct issues within the claims management sector by ensuring a tougher regulatory framework that enhances consumer protection and professionalism. I thank all hon. Members for their contributions and look forward to the opportunity of further discussion as the Bill progresses. I commend the Bill to the House.

Question put and agreed to.

Bill accordingly read a Second time.

Financial Guidance and Claims Bill [Lords] (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Financial Guidance and Claims Bill [Lords]:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 6 February 2018.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Proceedings on Consideration and up to and including Third Reading

(4) Proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption that day.

(6) Standing Order No. 83B (programming sub-committees) shall not apply to proceedings on Consideration and Third Reading.

Other proceedings

(7) Any other proceedings on the Bill may be programmed.—(David Rutley.)

Question agreed to.

Financial Guidance and Claims Bill [Lords] (Money)

Queen’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Financial Guidance and Claims Bill [Lords], it is expedient to authorise the payment out of money provided by Parliament of:

(a) any expenditure incurred in consequence of the Act by the Secretary of State or the Treasury; and

(b) any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(David Rutley.)

Question agreed to.

Financial Guidance and Claims Bill [Lords] (Ways and Means)

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Financial Guidance and Claims Bill [Lords], it is expedient to authorise:

(1) the levying of charges under the Pension Schemes Act 1993 and the Pension Schemes (Northern Ireland) Act 1993 for the purpose of meeting expenditure relating to the single financial guidance body’s pensions guidance function;

(2) the levying of charges under the Financial Services and Markets Act 2000 for the purpose of meeting expenditure—

(a) incurred (or expected to be incurred) by the Secretary of State or the Treasury in connection with the single financial guidance body;

(b) incurred (or expected to be incurred) by the Scottish Ministers, Welsh Ministers or the Department for Communities in Northern Ireland in connection with the provision of information and advice on debt to members of the public in Scotland, Wales and Northern Ireland; and

(3) the payment of sums into the Consolidated Fund.—(David Rutley.)

Question agreed to.