Trawlermen’s Pensions

Jim Shannon Excerpts

Wednesday 2nd March 2011 Commons Chamber

[Alan Johnson (Kingston upon Hull West and Hessle) (Lab)]

The purpose of the debate is to bring to the attention of the House and the Minister a scandal involving the maladministration of a pension scheme that has left thousands of distant water trawlermen who reached retirement age up to 30 years ago without a penny of the pension to which they contributed, and thousands more unlikely to receive their pension in future. I am pleased to be joined this evening by hon. Members who represent port constituencies, such as my hon. Friend the Member for Tynemouth (Mr Campbell), the hon. Member for Banff and Buchan (Dr Whiteford) and my hon. Friends the Members for Kingston upon Hull North (Diana Johnson), for Kingston upon Hull East (Karl Turner), for Scunthorpe (Nic Dakin) and for Great Grimsby (Austin Mitchell).

I shall set the context. Distant water trawlermen worked in the most arduous and hazardous occupation imaginable, working 18-hour shifts in Arctic waters where temperatures could fall as low as 40° below freezing. In 150 years of distant water trawling from Hull, which was exclusively a distant water port and the biggest in the world, 900 ships were lost at sea—that is six a year—and 6,000 trawlermen were killed. The mortality rate was 14 times higher than in coal mining.

When the industry collapsed as a result of the agreement between Britain and Iceland that ended the so-called cod wars in 1976, a Government Minister, from the Dispatch Box, promised the men compensation, retraining and redeployment. They received nothing. Classified as casual workers, they were thrown on the scrap heap. While the trawler owners were paid millions of pounds in decommissioning grants, not a brass farthing was paid to the trawlermen themselves. That injustice was belatedly rectified by the compensation scheme that the previous Government introduced in 2000, although one aspect of it is still outstanding, and my hon. Friend the Member for Great Grimsby and I have referred it to the parliamentary ombudsman.

As we worked with the ex-trawlermen to achieve that compensation, a number of them referred to a pension scheme that operated in the industry. Some men over 50 had been allowed to commute their pension to a one-off payment, to alleviate the hardship that they suffered as the industry collapsed, but many men said that they could not remember receiving anything from the scheme, even though they were now well beyond pensionable age.

I ascertained that there was indeed a fishermen’s pension scheme, which had been established on 1 April 1961 by a trust deed made on 19 December 1960 between British Trawlers Federation Ltd and Lowndes Associated Pensions Ltd. The scheme was compulsory for those coming into the industry after the date of its introduction. It was a contributory scheme, with the men originally paying sixpence per sea day and the employer ninepence. I add that that is old pence, as a few Members will not remember the conversion to decimal currency, so those sums were 2.5p and 4p respectively. Contributions to the scheme ceased in 1979, and benefits ceased to accrue. The benefits accrued up to the date of discontinuance were secured by a group deferred annuity contract underwritten by Norwich Union, which is now Aviva. Capital Cranfield became the trustee when it acquired Lowndes in April 2000.

Having established those facts, I wrote to Aviva in 2006 to find out whether any pensions remained unpaid. My impression was that there might be about 100 such cases. By 2007, I had discovered the full horror story of a scheme in which few records had been kept and no efforts had been made to track down the men whose pensions were due. More than 4,500 trawlermen from Hull, Grimsby, Aberdeen, Fleetwood, Milford Haven and North Shields had reached pensionable age from the 1980s onwards without receiving the pension that they were due. About a quarter of them were from Hull.

The reason for that disgraceful maladministration was that the only record kept of members was their surname, initials and date of birth. There was no record of the men’s national insurance numbers, their addresses or any other pertinent information by which they could be traced. There had been no attempt to rectify the situation and nobody in the communities affected was alerted to the problem, least of all the MPs. The unpaid pensions simply remained in the fund while many of the men affected lived out their old age in penury.

Aviva, the insurer, had been paying benefits—or more accurately not paying benefits—without the intervention of the trustees since 1986, at the request of the then trustee, Sedgwick Noble Lowndes, which, as I said, is now part of Capital Cranfield. That in itself seems a strange arrangement and one that neither party should have allowed.

As well as the 4,500 men who had reached pensionable age, there were 8,879 still below 65 with little prospect of receiving their money as they became eligible. Since I wrote to the then Secretary of State for Work and Pensions and the Pensions Regulator in January 2007 to alert them to the scandal, a great deal of effort has gone into finding the missing fishermen.

Aviva has worked with local MPs on the Find the Fisherman campaign, which we agreed should run for two years. At the end of that time, in October 2009, Members of Parliament met Aviva and Capital Cranfield to take stock. Aviva, in its briefing note for this debate, talks about unclaimed assets being “common across the industry” and, after setting out details of the Find the Fisherman campaign, states that “some members remain unpaid”.

For “some”, read 6,837. That is the figure that we were given for the men who had not been—and probably never would be—traced at the end of the campaign. That is more than half the scheme membership. Perhaps the Minister will tell me whether he believes that that level of unclaimed assets is at all “common across the industry”.

With my hon. Friends the Members for Great Grimsby and for Aberdeen North (Mr Doran) and my former hon. Friends the Members for Cleethorpes and for Blackpool, North and Fleetwood, who also attended the meeting with Aviva and Capital Cranfield in October 2009, I put forward proposals that would allow the schemes to be wound up fairly.

First, we would need to agree how to distribute the surplus in the scheme coffers. At that time it was £2 million, although I heard this morning that Capital Cranfield is saying it is £1.3 million. The disparity has yet to be explained to us.

Secondly, provision needs to be made for unidentified beneficiaries who may come forward in future. Thirdly, we sought payment to the 50-odd families for whom payment is disputed. Those are cases in which Aviva says that the money has been paid, usually in the 1980s, but it has no proof of payment and the families are adamant that it was never received.

In that respect, let me explain how the payment system worked as described by the chief executive of Aviva in a letter to one of my constituents:

“When an employer wanted to claim a pension on behalf of one of his employees he would make an application to the Royal National Mission”—

the seaman’s mission—

“who acted as an intermediary and would in turn apply to Norwich Union on behalf of the employer. Norwich Union would verify the details against the policy and authorise a payment to be made to the Mission who would then pay the employer so they are able to pass the money on to the individual fisherman”.

He goes on:

“I appreciate this will appear unnecessarily complex but, rightly or wrongly, this is how payments were settled in the past”.

I think that we would all agree that it was “wrongly”.

A scheme with no national insurance numbers and no addresses relied on trawler owners, who were gradually disappearing as the industry was in terminal decline, to go through the seaman’s mission—which incidentally informed Norwich Union, as it was then, 12 years ago that it did not have the resources to undertake this work—to give cheques to men who in the main did not have bank accounts.

[Jim Shannon (Strangford) (DUP)]

From my knowledge of the fishing industry and how it works, I would say that sometimes fishing organisations that represent the people have a record of their membership. I am sure that that has been checked, but if not, it may be a method, even at this late stage, of getting a wee bit more information.

[Alan Johnson]

I appreciate the hon. Gentleman’s suggestion. He is right—records are kept. We have looked at all those possible avenues, including the DWP’s tracing arrangements and the former Department of Trade and Industry’s records of trawlermen. We have exhausted every avenue to try to find those men.

Perhaps the Minister will understand why we say, given the convoluted way in which the payments were made, that the benefit of considerable doubt in disputed cases should rest with the men and their families.

Our final proposal concerns recompense. We feel strongly that some compensation should be paid to the men and/or their communities for the appalling way in which the scheme has been administered.

The trustees and the insurers had a financial and moral responsibility to scheme members, which they failed to fulfil. The way this scheme operated would have shamed an office sweepstake organiser. The fact that the men whose interests they should have safeguarded did one of the most difficult and dangerous jobs imaginable, and in the main spent their old age scraping for every penny while money that could have eased their plight was never paid to them, adds to the sense of injustice within those proud communities.

Since October 2009, we have been fortunate to have the services of a pensions expert from Thompsons solicitors working pro bono on our behalf to try to bring the arrangements discussed then to a successful conclusion. Seventeen months later, there has been little progress, and no further approaches to the port MPs by Aviva or Capital Cranfield to resolve the outstanding issues.

In the absence of any ex-trawlermen or anyone from the affected communities among the trustees, I believe it is incumbent on Aviva-Capital Cranfield to seek the approval of the port MPs for the final arrangements to wind up these schemes. Perhaps the Minister will tell us to whom those are companies answerable. I understand that they are proposing to agree their own fees for the wind up—the money will come from the scheme. There must surely be some external oversight of those arrangements.

The port MPs wish to meet the Minister to explore the issues surrounding that scheme and smaller associated schemes in more detail, and we think that it would be beneficial to have the Pensions Regulator present. Surely he must have a role in ensuring that the schemes are wound up in an orderly and timely fashion, with the interests of the members properly protected.

We seek from the Minister nothing beyond his understanding of how badly this scheme has been administered and his assistance in bringing this long saga to a conclusion that is acceptable to port MPs, as virtually the only remaining representatives of those fishing communities. We seek no public money and no taxpayer contributions.

Finally, I ask the House to imagine the outcry there would be if thousands of bankers, civil servants, or even former MPs had been treated in such a way. That would be a huge story that we would be following regularly in the national media. This has been an almost silent scandal, but this evening’s debate will, I hope, bring it to the attention of a wider audience in the quest for justice for communities who contributed so much, sacrificed so many and yet were treated so abysmally.