Civil Nuclear Constabulary: Pensions

Jamie Stone Excerpts

Wednesday 6th March 2019 Westminster Hall

[Patricia Gibson]

Absolutely. That is a very important point. When any of these officers suffers an injury in the line of duty, the service has a duty of care to look after them until they are fit to return to duty. They will not necessarily be on sick leave the whole time, but it is difficult to redeploy them because of the nature of the work they undertake.

It is not difficult to see why the number of CNC officers has been eroding. CNC officers have been categorised as public sector workers for the purpose of their pension, meaning that full benefits kick in only at age 67 or 68, whereas conventional Home Office police officers are able to retire at 60. Does the Minister think that disparity fair, given that CNC officers are expected to carry five different weapons and 30 kg of heavy equipment at the age of 65-plus, as they are charged with protecting UK nuclear assets and act as a vital armed reserve force? If these officers’ retirement age is not given parity with the rest of the police service, there can be little doubt that it will continue to damage the recruitment and retention of CNC officers.

[Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)]

I congratulate the hon. Lady from the bottom of my heart on bringing this debate forward. Although I represent the far north of Scotland, this issue is every bit as big to my constituents who serve in the force at Dounreay. I recognise the contribution they make, which she outlined, in assisting Police Scotland in its endeavours. Surely, the loss of skills as people leave the force represents a misuse of money. A lot of money is spent training these officers up, so it seems to me that public money is poured down the drain if they leave altogether and go to civvy street.

[Patricia Gibson]

Absolutely. That is a very important point, which I need not add to. I am sure the Minister is listening. That loss of skills is extremely concerning.

The damage to the recruitment and retention of CNC officers can only compromise, perhaps dangerously, the effectiveness of the force, and it could have extremely serious consequences for public safety. In addition, if we expect such exacting standards of CNC officers, while demanding that they wait until 68 to retire, of course there will be a temptation for ageing officers who know their job could be under threat to mask health conditions that may undermine their performance.

We all know that most public sector workers are now expected to work for longer. However, there are exceptions for certain classes of worker, and it seems obvious that CNC officers should be included in those exceptions. Perhaps the Minister can explain why conventional police officers will continue to retire at 60 but CNC officers will not. What is the logic for that? Despite that fact, CNC officers must meet much higher standards of physical fitness to keep their jobs. Conventional police officers perform firearms duties as an optional part of their duties and can relinquish them as they get older. Every single CNC officer is required to be fully trained in firearms, and they cannot relinquish firearms duties as they get older; they are an inherent part of their duties. In addition, the requirement for CNC officers to retain a very high standard of fitness until the age of 67 or 68 discriminates against women, since only an elite standard of fitness is expected to be sufficient for those aged over 60 to continue their duties.

The vast majority of public servants will be able to draw down a full pension. Should a public service employee choose to retire early, they will have 6% of their pension deducted for each year they retire early. The problem for CNC officers is that they are not choosing to retire early; they are being forced out because of physical inability to maintain obligatory standards of physical fitness and weaponry skills. CNC officers are likely to have their careers terminated as they approach the higher retirement age, and they will see their pensions reduced, perhaps by up to 25% to 30%, as a result. That considerable financial penalty is proving a major career disincentive. In such a situation, how can the CNC stem the decline in recruitment and retention?

I hope the Minister does not respond by telling us that we are all living longer and that keeping the CNC retirement age at 60 would set a dangerous precedent. The CNC is asking only for the same provisions that are in place for conventional Home Office police officers.

Let us turn our attention to costs. Perhaps the Minister will find it reassuring to learn that the CNC has done its own cost modelling, which shows that the gross cost of a retirement age of 60 versus the current plans would be only £4.4 million per year from 2023 to 2030 and £5.2 million a year in the long run. In the short run, those costs would be more than offset by extra case management costs, early retirement and compensation costs, so keeping the retirement age at 60 would produce a net saving of £4.3 million a year. In the long run, once compensation costs were paid, the net saving would be around £1.9 million per year.

Make no mistake, the Civil Nuclear Police Federation has accepted the potential for increased employee contributions to cover increases in costs. That means there is no real financial obstacle to correcting the unfairness between police services created by the Public Service Pensions Act 2013 and securing the UK’s nuclear safety.

I say to the Minister that increasingly this fine service has been rendered ineffective, due to the dithering and delay from his Government’s unwillingness to resolve the issue.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Richard Harrington)]

It is a pleasure to serve under your chairmanship this morning, Mr Stringer, as, indeed, on other mornings and afternoons.

I thank the hon. Member for North Ayrshire and Arran (Patricia Gibson) for securing the debate. I know that is a platitude and she asked me not to use platitudes, but I felt I ought to say that. She and I have been involved in quite a few things together, always on opposite sides, but I hope we have a mutual respect and she knows I am doing my best to resolve the issue. I cannot disagree with a lot of what she said—that is the last platitude, I promise.

The other Members who intervened showed their commitment to everything that goes on with nuclear in their areas. I mention first my hon. Friend the Member for Copeland (Trudy Harrison), not because she is on my side of the House, but because rarely a week goes by without us meeting two or three times, including the night before last, when we met the Secretary of State. I have had discussions on these matters with the hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone) and the hon. Member for Liverpool on many occasions, and I am always available to them for further discussion.

[Jamie Stone]

Will the Minister give way?

[Richard Harrington]

Of course, although I was just getting going.

--- Later in debate ---

[Jamie Stone]

I thank the Minister for giving way. There is a level of frustration. I appreciate the kindness of intent in his having discussions, but, as the hon. Member for North Ayrshire and Arran (Patricia Gibson) said, there is frustration over the continuing delay, which has gone on for years. Could we all keep it our mission to try to reach a positive conclusion?

[Richard Harrington]

I utterly accept that point. I must apologise to the hon. Member for Hartlepool (Mike Hill) for mixing up Hartlepool and Liverpool; I do not know why I did it. I hope the hon. Gentleman is not too offended. Perhaps it is because I come from Leeds, which is between the two. I got mixed up.

I am not going to say how important the Civil Nuclear Constabulary is to the nuclear industry, because everybody knows that. One of my early visits, and one of the most significant I have had in this job, was to Sellafield, where I saw the training centre. I did not just have a tour; I also saw how heavy the kit is, I spoke to a lot of officers and I heard about the training regimes they undertake. I do not think I could walk around all day and be fully mobile with the kit they have to wear and carry. I fully accept the level of fitness that is required. Chief Constable Mike Griffiths, who is about to leave the force, explained it clearly to me. He transformed the CNC so that it has become the modern force it is today.

The CNC is moving to the new pension scheme on 1 April next year. I have been keen to hear evidence and representations on the effect of the higher pension age on the effectiveness of the force. We engage with the CNC and the Civil Nuclear Police Federation, which I met last year, and I am well aware of their views. As soon as those views were brought to my attention, I contacted the Treasury and others in Government to try to resolve the issue. The least I could do was hear their representations—that is my job, as I am doing today—but I fully accept the importance of getting the matter resolved as quickly as possible.

I have contacted the Cabinet Office, because it administers the civil service pension scheme. The Treasury is responsible for public pensions policy and I have set out the arguments to officials there. It is easy to regard the Government as one collective group—that is perfectly reasonable and I understand that—but it is my job to support the causes within my Department within Government, and this issue is a top priority.

My officials have been working with the constabulary to gather additional evidence of the impact on national security, which the hon. Member for North Ayrshire and Arran mentioned, of the higher pension age. I have also facilitated a meeting this week between special advisers from No. 10 and the constabulary, in which these matters were discussed. I am trying to bring all these things together to resolve the problem.

However, like most things in life, the problem is more complex than it would appear on the surface. We know, as I have said, that the tests and weapons are very important; I do not think anyone who visits or sees pictures of them could deny that. On the question of why CNC officers are not treated as police officers in the normal way, a judicial review in 2016 determined that they are employees of the Civil Nuclear Police Authority, so they come under the Department for Business, Energy and Industrial Strategy and are not defined as police officers for the purposes of the Public Service Pensions Act. That is the legal position.

Fitness standards were rolled out, as the hon. Lady said, in 2015-16, and authorised firearms officers must meet College of Policing mandated standards.