Kenyan Civil Service Pensions: Non-payment

Jim Shannon Excerpts

Monday 7th December 2020 Commons Chamber

[Stephen Timms]

My hon. Friend is quite right. There is no evidence of any reply having been received to those inquiries. I do not know how many times the question has been asked, but perhaps the Minister can shed some light on what is going on.

After that initial response, my hon. Friend the Member for Washington and Sunderland West did receive a further letter from the Minister, which explained something that I thought was helpful and worth informing the House of. To quote from the reply to her:

“In very broad terms, HMG accepted responsibility for the pensions of those who were employed in Kenya on expatriate terms (i.e. had paid leave passages outside the country during their employment) and who were not citizens of Kenya on 1st April 1971 or the date of retirement if later. The pension of anyone who did not meet the above criteria above remained the responsibility of the Government of Kenya. This is why some pensions are paid by HMG and others, such as”

the constituent

“by Crown Agents on behalf of the Government of Kenya.”

[Jim Shannon (Strangford) (DUP)]

I congratulate the right hon. Gentleman on bringing this forward tonight. He and I talked last week about the issue. Does he not agree that in each constituency, my own included, where we come across injustice that we are unable to correct ourselves—and in a case where, I guess, this House has influence, and the Minister as well—there is a moral imperative that we use it for those we represent, such as his pensioners who have been abandoned by their Government and must not be abandoned by this one?

[Stephen Timms]

I am grateful to the hon. Gentleman, and I think he raises an important point. Of course, today their Government is our Government; in the past, they were living under another Government, and we do not quite know what has happened or why these payments have ceased. However, he is absolutely right, and I am grateful for the way he has expressed it: it is right for Members of the House to raise these issues here in the hope that the Government can prevail and that their influence can ensure these payments resume.

There was a further letter to my hon. Friend the Member for Brentford and Isleworth from the hon. Member for Pendle (Andrew Stephenson), who moved to the Foreign Office in the reshuffle that summer, which said, as my hon. Friend the Member for Feltham and Heston (Seema Malhotra) has already told us, that

“the British High Commission in Nairobi has written to the Kenyan Ministry for Foreign Affairs and the Head of the Department for Pensions in the Kenyan National Treasury seeking an explanation for non-payment of pensions to former Kenyan civil servants and the lack of increase in line with inflation.”

That Minister—the Under-Secretary of State for Foreign, Commonwealth and Development Affairs, the hon. Member for Rochford and Southend East (James Duddridge)—assured my hon. Friend that his officials would be in touch when they received a response. As far as I know, nobody has ever heard any information about that response, whether or not one was received, but in any case there was no progress.

My hon. Friend the Member for Washington and Sunderland West tabled a written question on 21 February. The Minister, who I am pleased to say is in his place tonight, replied that his Department had been in touch, again, with the Kenyan Ministry for Foreign Affairs and the head of the Department for Pensions in Kenya for an explanation, and he added in that answer that the Foreign and Commonwealth Office was now helping the Kenyan National Treasury to contact Crown Agents Bank to expedite the reinstatement of the pensions. That was encouraging, but, over nine months later, the situation remains unchanged: the pensions have not been paid.

There is some history here. In 2009, Vince Cable tabled a written question to the Foreign Office, to ask the Foreign Secretary

“what recent representations he has made to the government of Kenya on the non-payment of pensions to retired Kenyan civil servants with British citizenship who are resident in that country.”

The Minister, Ivan Lewis, replied:

“The Government are very concerned by the Freezing Order issued by the High Court on 23 October 2009 on accounts belonging to the Government of Kenya held by Crown Agents Bank. The freezing of these accounts affects the payment of pensions to former Kenyan civil servants. We are raising the issue with the Government of Kenya who are fully aware of their responsibilities in the matter.”—[Official Report, 3 December 2009; Vol. 501, c. 880W.]

So this is not an entirely new problem. On 9 July 2013, the then Member for Brentford and Isleworth asked what recent discussions the Foreign Secretary had had with the Government of Kenya. The then Parliamentary Under-Secretary, Mark Simmonds, answered:

“In recent years we have raised this issue with Kenyan Government officials on a number of occasions, including—”