Youth Unemployment

John Milne Excerpts
Tuesday 17th March 2026

(4 days, 4 hours ago)

Commons Chamber
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Pat McFadden Portrait Pat McFadden
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We heard the Conservatives defend the 40% figure on the drop in youth apprenticeship starts—that is on the record. If they want to defend and own that record, so be it, but we want to prioritise opportunities for young people, and that is what we are doing with this package. There is a lot in it for employers in Burnley and for small and medium-sized businesses, which now have a new financial incentive to give a young person the vital start in life that can set them on a path of pride, purpose and dignity. That is what having a job gives you.

John Milne Portrait John Milne (Horsham) (LD)
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The Government want to cut funding for level 7 apprenticeships and redirect resources to younger groups, but bodies such as the Royal Institute of British Architects tell me that young people are unlikely to enter professional training in the construction sector, because funding will be withdrawn at the later, more expensive stages of their training pipeline. Does the Secretary of State accept that a one-size-fits-all, generalised cut-off point for 22-year-olds just does not work for industries that have a longer training period?

Pat McFadden Portrait Pat McFadden
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Once again, the Liberal Democrats speak against the prioritisation of youth. We are for training throughout the system and throughout the age range, but we have to make a decision about where to prioritise it with a public budget. I have unashamedly made the decision to prioritise young people, and I think that is the right thing to do.

Oral Answers to Questions

John Milne Excerpts
Monday 9th March 2026

(1 week, 5 days ago)

Commons Chamber
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Pat McFadden Portrait Pat McFadden
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The truth is that the Conservatives presided over a huge post-covid rise in the number of young people not in education, employment or training, and they did precisely nothing about it. They also presided over a huge rise in the number of young people going on to sickness and disability benefits and did precisely nothing about it. They have discovered a thirst for change only after leaving office—they have no credibility and no plan on this issue. In contrast, we are responding through the youth guarantee, through changes to the apprenticeship system, and by giving young people more hope that the Government will help give them a chance in life.

John Milne Portrait John Milne (Horsham) (LD)
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A recent report from Adzuna, a large job search agency, shows youth unemployment at an 11-year high and vacancies plummeting. Jobseekers urgently need the new “jobcentre in your pocket” digital service. Given that current timeframes suggest that it will not be ready until 2028, will the Secretary of State assure us that all options are on the table to accelerate delivery—including leveraging the private sector and technology—so that we can support jobseekers now, rather than years down the line?

Pat McFadden Portrait Pat McFadden
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We do want to support jobseekers now. As I said, there is a long-term challenge with youth unemployment, which we are responding to through the measures I have outlined. If we can be more ambitious than those measures in the future, we very much will.

Place-based Employment Support Programmes

John Milne Excerpts
Tuesday 10th February 2026

(1 month, 1 week ago)

Westminster Hall
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John Milne Portrait John Milne (Horsham) (LD)
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It is a pleasure to serve under your chairmanship, Dr Murrison. I also thank the hon. Member for Southport (Patrick Hurley) for shining a light on this important issue.

The Liberal Democrats strongly support the principles of devolution and localism so we welcome the Government’s stated ambition to expand place-based employment support. Employment conditions vary so much across the country that a purely national strategy could never work. However, local delivery is only half the story. A succession of Governments have been adept at passing on new responsibilities to local government but not necessarily the budget to match. The Liberal Democrats will not support reforms that simply shift costs and risks on to councils without the funding systems and accountability to make them work. What extra powers or funding flexibility will the Government give local and combined authorities so that they can design and deliver place-based employment strategies that genuinely reflect their local labour markets?

Improving employment prospects is also about removing barriers. Estimates suggest that hundreds of thousands of people are economically inactive due to long-term sickness linked to NHS waiting lists. More than 600,000 people have reduced their working hours while waiting for treatment. Too much existing work support consists of generic help with CV writing and basic qualifications such as maths and English. Although important, that does not go far enough to answer individual needs, especially for people with specific health conditions. The current system seems to work best when providing adjustments for people already in work, who then become disabled, but fails those who are trying to get a job in the first place. The practical adjustments through Access to Work are frequently agreed only after the job offer and that is too late in the process.

The case of one of my constituents from Horsham, Amanda, illustrates what can go wrong when systems do not join up. Amanda is deaf; she got a job and needed an interpreter funded through Access to Work, but a basic administrative breakdown between her employer and the Department for Work and Pensions resulted in her support being refused. Long delays in making awards are causing real trouble; I believe the waiting list has increased by four times in just a few years. The current system seems unable to respond to individual circumstances.

The Liberal Democrats argue that devolution must be matched with stable funding and enough resources to support implementation. There is a journey to go on and, as we embark on it, we need to be honest about a legacy of negative culture in the system. According to a 2025 survey by Turn2Us, 64% of claimants say that the system is trying to “catch them out.” Only 15% said support from work coaches is useful, while 55% of universal credit claimants say that claiming benefits has “worsened their health.” That sounds less like an employment system and more like a deterrence system.

That tactic has backfired. Job hunting is a tough process; morale matters. Totally undermining unemployed jobseekers by treating them like benefit scroungers has only ended up making sure that is exactly how they remain: stuck on benefits. The pressure on jobseekers to demonstrate industrial quantities of applications every week has destroyed trust on both sides. I have seen how local employers in my constituency have disengaged with the jobcentre. They feel that the applicants they are being sent are not interested and are just trying to meet their weekly quota of applications. The Liberal Democrats welcome the trial of place-based approaches, such as JobsPlus. It is too soon to judge, but the early signs suggest higher engagement and improved confidence and wellbeing. We need to get both jobseekers and employers believing and trusting in the system again.

We need clarity on funding. Council budgets are already under severe strain and rural areas, such as mine in west Sussex, face some of the greatest barriers to employment support, yet also face some of the stiffest demands and the tighter settlement under the new local government finance settlement. Councils are concerned that JobsPlus funding ends in March 2026, yet the full evaluation has not yet been completed. What long-term funding certainty will be provided to ensure that community-based employment support is not cut off just as it starts to deliver results?

Finally, on national oversight, it is vital that we ensure that place-based employment support is properly integrated with jobcentres and national programmes such as restart to avoid duplication and confusion. Will the Government commit to clear outcome measurement and regular, public reporting so that Parliament can hold the DWP to account for what those programmes actually deliver? Alongside that, what are the Government doing to properly integrate local employment schemes with national programmes, such as restart and jobcentre services, to make everything work together effectively?

To conclude, the Liberal Democrats believe that place-based employment support can reduce inequality, improve outcomes and help people into sustainable work, but it must be backed by long-term funding, a competent Administration and clear, national accountability. Otherwise, localism will end up as a slogan, not a solution.

Pensions and Social Security

John Milne Excerpts
Tuesday 10th February 2026

(1 month, 1 week ago)

Commons Chamber
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Stephen Timms Portrait Sir Stephen Timms
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We are not proposing any change in those arrangements. As the hon. Gentleman will know, those arrangements were introduced by the previous Government. In fact, the coalition Government put in place the current arrangements for the new state pension, which were introduced with commitments to future uprating. We are committed to delivering the triple lock, but we are not planning to change the relativities between those two arrangements.

Most working-age benefits and other benefits for people below state pension age will also increase by 3.8%. They includes statutory payments such as statutory sick pay, statutory maternity pay, the personal allowances of income support, housing benefit, jobseeker’s allowance, and contributory employment and support allowance. The order will also increase by 3.8% the child amounts, the carer amounts, transitional severe disability premiums in universal credit, and pensioner and carer premiums in income-related employment and support allowance.

As I mentioned earlier, the Universal Credit Act 2025 included important changes to rebalance universal credit. For 2026-27, the standard allowance in universal credit will be uprated by September’s consumer prices index plus an additional 2.3%. That represents the first ever permanent above-inflation rise to the universal credit standard allowance, and I believe that it is the first permanent real-terms increase in the headline benefit rate since the 1970s. That is not part of the order that we are debating, but all these increases will apply across Great Britain.

John Milne Portrait John Milne (Horsham) (LD)
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I very much appreciate the action that the Government have taken to uprate UC—for the first time in its history, as the Minister says—but does he accept that it still will not cover the cost of basic essentials such as food, heating and rent for many of our most put-upon constituents?

Stephen Timms Portrait Sir Stephen Timms
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I think perhaps the point that the hon. Gentleman is making is that it does not fulfil the aspirations of the essentials guarantee campaign, with which he and I are familiar, and that is true. However, April’s above-inflation uprating will be the first of four such upratings, so there will be a similar over-inflation uprating in each of the following three Aprils. It will not end up at the level on which the essentials guarantee campaign has focused, but let us see what happens beyond the period for which we have made these announcements. As he said, it is an historic change of direction for public policy.

Benefits for people in England and Wales who have additional costs as a result of disability or ill health will also increase by 3.8%. These include disability living allowance, attendance allowance and personal independence payment. The increase will also apply to carer’s allowance.

The draft Guaranteed Minimum Pensions Increase Order 2026 sets out the yearly amount by which the guaranteed minimum pension part of an individual’s contracted-out occupational pension, earned between 1988 and April 1997, must be increased when it is being paid. The increase is paid by occupational pension schemes, and helps to provide a measure of inflation protection for people in receipt of contracted-out occupational pensions earned between 1988 and 1997. The law requires that GMPs earned between those two dates must be increased by the percentage increase in the general level of prices measured the previous September, capped at 3%. The September 2025 inflation figure— or CPI—was 3.8%, so the increase for the financial year 2026-27 will be 3%.

The 3% cap provides pension schemes with more certainty, allowing them to forecast their future liabilities more reliably. That is important when they are considering their funding commitments. The measure strikes a balance between, on one hand, protecting members against the effects of inflation, and on the other, not increasing scheme costs beyond what schemes and sponsoring employers can reasonably afford.

The draft Social Security Benefits Uprating Order 2026 will, if Parliament approves it, commit the Government to increased expenditure of £9 billion in the next financial year. Changes will mainly come into effect from 6 April this year and apply for the tax year 2026-27. The order maintains the triple lock—which benefits pensioners in receipt of both the basic and new state pensions—raises the level of the safety net in pension credit beyond the increase in prices, increases the rates of benefit for those in the labour market, and increases the rates of carers benefits and benefits to help with additional costs arising from disability or health impairment.

The draft Guaranteed Minimum Pensions Increase Order requires formally contracted-out occupational pension schemes to pay an increase of 3% on GMPs in pensions earned between April 1988 and April 1997, giving a measure of protection against inflation, paid for by the scheme. I commend the orders to the House.

Poverty and Welfare Policies

John Milne Excerpts
Tuesday 6th January 2026

(2 months, 2 weeks ago)

Westminster Hall
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Neil Duncan-Jordan Portrait Neil Duncan-Jordan
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I will come later to the debate we had about PIP. I absolutely agree, and all the evidence shows, that disabled people are much more likely to face poverty and hardship than able-bodied people.

At its core, poverty prevents people from playing a full and meaningful role in our society. That is why there is both a moral and an economic case for taking action, and why tackling poverty should be central to any serious strategy for economic growth, as well as a key part of a progressive Government’s agenda. According to the Equality Trust, reducing income inequality to the level found in more equal OECD nations would save the UK up to £128 billion annually in reduced costs in areas such as crime, imprisonment rates, tackling poor mental health and welfare.

However, none of that will be possible if we continue to use the same austerity-driven measures we have used in the past. For example, the proposal to means-test the winter fuel allowance was based on the ill-judged view that a pensioner living on little more than £12,000 a year was well off. The attempt last year to reduce disability benefits by £7 billion was based not on people’s needs, but on the Treasury’s demand for cuts. Even the very welcome and long overdue decision to lift the two-child limit still leaves the overall benefit cap in place, and fails to uprate the threshold in line with universal credit. As a consequence, an estimated one in 12 children will still be caught in deep poverty.

John Milne Portrait John Milne (Horsham) (LD)
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We keep hearing that disability spending, and welfare spending in general, is spiralling out of control, but the truth is that, as a percentage of GDP, it has barely moved since the mid-1980s, under Margaret Thatcher—that famous supporter of welfare. Does the hon. Member agree that if we are going to reform welfare, we should at least start from the right place, with the right figures?

Neil Duncan-Jordan Portrait Neil Duncan-Jordan
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I absolutely agree—in fact, the hon. Member must have read part of my speech, because I will come on to that point a bit later.

There is now a wealth of evidence showing that there is a growing gap between what people have and what they need for a decent standard of living. Millions in the UK are falling well short of that standard, as costs continue to rise and our social security system fails to provide adequate and appropriate support.

Oral Answers to Questions

John Milne Excerpts
Monday 8th December 2025

(3 months, 1 week ago)

Commons Chamber
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Stephen Timms Portrait Sir Stephen Timms
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I do agree with my hon. Friend, and I would be happy to meet him. Motability is an important scheme that does an important job. Some tax reliefs will be removed in July. Existing leases will not be affected, and neither will wheelchair-adapted vehicles. There will still be vehicles, with no up-front payment, that are affordable solely through the mobility component of personal independence payment, so the scheme will continue to do a great job but will give better value for money for taxpayers.

John Milne Portrait John Milne (Horsham) (LD)
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The shadow Secretary of State for Work and Pensions recently stated that

“millions are getting benefits for anxiety or ADHD along with a free Motability car.”

That is clearly nonsense, because only 200,000 claimants—at most—would be eligible to apply in the first place, and many of them also have a physical disability, which is the real reason for the car. Does the Minister agree that this must rank as one of the least accurate claims ever made by a politician, despite the strong competition?

Stephen Timms Portrait Sir Stephen Timms
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Well, choosing the most misleading claim is a tough contest, but the hon. Gentleman is right. The shadow Secretary of State’s colleagues introduced PIP, with the current criteria, in 2013. They then had 11 years to change it if they thought doing so was necessary, but they did absolutely nothing. My review will look at the eligibility criteria for the mobility component of PIP.

John Milne Portrait John Milne (Horsham) (LD)
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I shall speak to new clauses 8 and 13, which stand in my name, among others.

With its title, the Pensions Schemes Bill, this piece of legislation was probably never destined to grab headlines—sorry, Minister, but that is the case—which is a pity, because it contains some genuinely intelligent measures, developed over years with significant cross-party support, and could go some way to boosting UK plc, as we all want. Directing more of our pension fund savings into UK investments is a long-overdue mission; however, it is not just about what you do, but how you do it, and as I argued in Committee, I am not convinced the Government have struck the right balance with their plan to take sweeping powers of mandation. Yes, we should be concerned about very low pension fund investment into the UK, but the reason behind that is not some form of trustee treason; rather, it is a logical and predictable response to the UK’s regulatory framework and a market that over-emphasises costs, which discourages any kind of active management strategy.

Mandation is the wrong solution. There are other ways to reach the same outcome through partnership, building on the consensus achieved in the Mansion House accord. I strongly urge the Government to look again at creating more ready-made investment vehicles. The biggest risk in mandation is that it could force pension funds to make sub-optimal investments, because they are chasing the same limited supply of UK assets as everyone else.

In addition to more support for innovation and start-ups, like others who have spoken today, I see a fantastic opportunity for large-scale investment in social housing, care homes, high streets, environmental schemes and infrastructure. That would bring huge social rewards, as well as boosting growth, which is the Government’s mission. That will not happen, though, unless the Government help local and regional authorities to pump prime the system with a stream of investable products. To me, that seems like a small ask, and I hope the Government will reconsider.

I am pleased by Ministers’ positive response to some of the amendments we fought for in Committee. That does not always happen. The scandalous treatment of pre-1997 pension savings has been left unresolved for decades, so I welcome this Government being the first to act and their decision to link compensation payments from the PPF and FAS to CPI inflation. Of course, this is far from a complete solution, and indexation applies only going forward, but given that until now there had been no sign of compensation of any kind or of any group, I will take this as a partial win. I pay tribute to persistence of all my Horsham constituents who have raised pre-’97 indexation with me time and again.

Compensation by the PPF is certainly a solution, but we are in danger of missing a one-off opportunity to access pension surpluses. The Bill will give trustees increased access to surplus savings, which have built up in many funds in recent years, which is good, but without some sort of extra push from the Government, it seems to me likely that none or little of the money will go toward pre-1997 pension injustices. In the Work and Pensions Committee last week, I asked the Secretary of State whether he truly believed that the Bill as it stands would help people, and I got a “Yes, Minister” kind of answer:

“I am not going to call stumps on brand new legislation before it has had a chance to have an effect, so let’s see what effect it has.”

That is not good enough. The companies that have not been shamed into action in a quarter of a century are not miraculously going to discover altruism today. Some form of compulsion is required.

I hope that the pre-1997 section will be taken further in the Lords, where the balance of power gives the Liberal Democrats somewhat more leverage than we had in Committee. [Interruption.] It is a wonderful institution—so democratic, is it not? I also welcome the decision to abolish the Pension Protection Fund levy, which had become effectively redundant; that was the subject of another Lib Dem amendment. That move will reduce hidden fees for pension schemes and pass those savings directly to savers.

However, other things are still missing. As someone with a professional background in pensions communications, I argued in Committee for the Government to enable free universal pension guidance at the age of 40, among other stages, when there is still time to change outcomes, rather than waiting all the way to the moment of retirement itself. There is a ticking time bomb of pension inadequacy that must be addressed today, and pensions guidance is an incredibly low-cost way to improve outcomes. The Pension Wise service would be an excellent vehicle for that, and it is ready and waiting for us to use it. If the Government will not back new clause 8, will the Minister meet with me and members of industry to look at how an auto-enrolment trial could finally move this proposal forward?

That brings me to new clause 13, tabled by myself and my hon. Friend the Member for Torbay (Steve Darling), which seeks to strengthen the people-focused elements of the Bill by using pensions services to offer free, accessible guidance to the groups we know are under-saving. If we look at minority ethnic savers, we see that their pension pots average £52,000—less than half of the £115,000 that applies to white British savers. Let us also consider that women are on average set to retire on just £13,000 a year, compared with £19,000 for men—a third less. Disabled workers are approaching retirement with average pension savings of £47,980—just a third of the UK average. The Government rightly say that they want people to be independent, financially resilient and able to pay their own way, but that cannot happen if entire groups—women, ethnic minorities and disabled people—are destined to retire on a fraction of what others are provided with.

There is a lot to like in this Bill, but legislative opportunities come up only once in a blue moon, and a lot more could be done here. I ask the Government to support new clauses 8 and 13.

Elaine Stewart Portrait Elaine Stewart (Ayr, Carrick and Cumnock) (Lab)
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I rise to speak to new clause 22. Let me begin by recognising the work of the Hewlett Packard Pension Association, particularly the work of Patricia Kennedy from Ayrshire—she hoped to be in the Gallery today, but she was too ill to travel. Patricia has been a driving force to keep this issue alive, but of course this is not about only one individual; it is about all pre-1997 pensioners.

Earlier this year, I was proud to host Patricia and many of her fellow campaigners in Parliament. That meeting made clear the human cost of inaction—pensioners seeing their incomes erode for decades, and families struggling because the system has failed them. That is why new clause 22 matters. At its heart, the new clause sets a simple principle: pensions earned before 1997 should not be left to wither away. It also follows a principle that the Government have already adopted.

I welcome the Minister’s commitment in his opening remarks to work with trustees to ensure that schemes in surplus, such as Hewlett Packard Enterprise, work to benefit pensioners. If good co-operation is not forthcoming, will the Government look to other legislative means to correct this course? Many of these schemes are backed by profitable multinationals, yet discretion has failed. It has failed with Wood Group, Hewlett Packard Enterprise, STMicroelectronics, Atos/Sema, American Express, AIG, Pfizer, 3M, Chevron, NCR Scotland, Lloyd’s Register, and Johnson & Johnson.

Some pensioners have gone for 10, 15 or 23 years without a single increase. That is not fairness. NC22 would correct that. I am sure all Labour Members agree that pensioners should not depend on the whims of employers, and we should be wary of accidentally creating an entrenched situation in which pensioners in failed schemes receive protection while those in solvent schemes remain unprotected—to me, that seems inconsistent. New clause 22 would address that inconsistency, ensuring that every pensioner has the security and dignity they deserve, regardless of when their service was accrued. I thank the Minister for meeting me to talk over my worries about this Bill.

Draft Occupational Pension Schemes (Collective Money Purchase Schemes) (Extension to Unconnected Multiple Employer Schemes and Miscellaneous Provisions) Regulations 2025

John Milne Excerpts
Monday 24th November 2025

(3 months, 3 weeks ago)

General Committees
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John Milne Portrait John Milne (Horsham) (LD)
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The Liberal Democrats largely welcome all the measures in this legislation. We also agree that it will be of great benefit. I am seeking clarity on just one thing: communications. CDC schemes are harder to explain than DB guarantee or DC individual pot arrangements. Misunderstanding could lead to some negative consequences. I understand that the idea is that minimum communication standards will be in place, overseen by the Pensions Regulator. What might that consist of? Does the regulator approve a communications programme in advance or check it afterwards? Does it have minimum numbers of comms going out or timings? Could the Minister give some clarity on exactly what is proposed?

Public Authorities (Fraud, Error and Recovery) Bill

John Milne Excerpts
John McDonnell Portrait John McDonnell (Hayes and Harlington) (Lab)
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I must say that I do get a bit edgy when Front Benchers agree so much.

In respect of Lords amendment 84, I want to be absolutely clear about what the Minister has said. As far as I am aware, it will now be a human being making the decisions: an authorising officer. The authorising officers will be able to draw upon all other information—that is what the Minister said—but it is still not clear to me whether a decision can be made simply on the basis of the EVM information. It would therefore be useful if the Government’s intention were read into the record more clearly.

As for Lords amendment 43, I want to follow up on what was said by my hon. Friend the Member for Poole (Neil Duncan-Jordan). We have received representations with regard to, in particular, people suffering from mental health issues, some of whom would be leading chaotic lives. The Minister is right to say that it is not for Ministers to engage in the process of making individual decisions because that is for the authorising officers to do, but the one occasion on which the Minister can be held to account is when the annual independent review takes place.

According to my understanding, the Minister said that the reviewer would not be prevented from exploring the issue of the exercise of powers and the impact on vulnerable people. May I suggest that that could be strengthened? Perhaps he will tell us when he responds to the debate. It is not just about prevention; it is appropriate for the independent review to consider that issue, largely because of the representations that we have received consistently throughout our debates on the Bill, and from a wide range of organisations that represent people with disabilities and, in particular, mental health challenges. A statement to that effect would be more reassuring than the words that we have heard so far.

I do not really understand why the Government would resist this, because it is just a basic element of accountability in an area that, as my hon. Friend the Member for Poole has said, could affect so many people and could have such a significant adverse effect. I do not want to exaggerate, but I was in the House throughout our discussions of the introduction of the work capability assessment, and, although the last Government refused to accept it, we now know that it resulted in a large number of suicides. In this instance, I would not want us to enter into a reform of the processes specified in the Bill without a regular review of the harms that could be caused, which would enable us subsequently to adjust the legislation if necessary.

I would welcome a clarification from the Minister, or perhaps a strengthening of the words that he has used so far.

John Milne Portrait John Milne (Horsham) (LD)
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Everyone accepts that we need to keep a handle on fraud, but the powers being taken in the Bill, including DWP access to people’s private bank accounts, go much further than anything we have seen in the past. Can we trust the DWP to exercise these sweeping new powers in a fair and responsible way? Unfortunately, past DWP errors have had the most tragic consequences.

Philippa Day was 27 years old when she died. She was found unconscious next to a letter from the DWP refusing her request for an at-home assessment. Philippa had agoraphobia and anxiety, making it impossible for her to attend a personal independence payment assessment in person. Those at the DWP knew that—they were told by her sister, and they would have been told by her mental health team if they had bothered to speak to them, but they did not. The letter by her side was the last of a long back-and-forth exchange with the DWP. During their final conversation about the DWP, Philippa said to her sister, “I’m done trying to fight them.” But why was she having to fight them in the first place? Surely this is a system that was designed to help.

The coroner’s report identified 28 separate failings by the DWP and its private assessor, Capita. Errors were made from the very outset: her PIP claim form was lost, her mental health needs were not logged, and no attempts were made to communicate with her mental health team or her GP to ensure that the very system designed to help her would do just that. It is easy to see, with a system riddled with errors and seemingly devoid of compassion, how someone could be driven to just give up the fight. Philippa wrote:

“I’m not dying because I’m suicidal... I’ve been so trapped for so long, and then comes along the government people, who I had assumed are there to help. Since January the 11th 2019 my benefits have been severely cut”.

I also want to share with the House what happened to Kristie Hunt. Kristie was training to become a nurse. She was 31. She had been on PIP and employment and support allowance until she rejoined the workforce after 13 years—admirable, considering her struggles with mental health. She, like Philippa, was basically a strong person.

Kristie informed the DWP about her return to employment, but staff forgot to log her call, so Kristie was hounded by calls and letters from the counter-fraud team. The DWP even sent incorrect information to her local council, resulting in further letters and threats of losing her home. For months, Kristie was subjected to erroneous accusations of fraud and threats of losing her flat and the life she had fought so hard to build back. On her final call with the DWP, she was noted as being confused and tearful, yet no one even asked whether she was okay. No one flagged concerns for her welfare. All they wanted was the money.

Kristie is an example of a person using the system that was designed to support her back into work, but was instead the victim of mistake after mistake. There are many others I could describe: Karen McBride, Stephen Carré, David Holmes, David Clapson, Errol Graham, Kevin Gale, Jodey Whiting, Roy Curtis and James Oliver. All of them were wrongly hounded by the DWP, which at least contributed to their deaths.

It does not reassure me that part of the name of this Bill starts with “Fraud”, when the biggest cause of overpayment is departmental error. The DWP has a long track record of badly handled mistakes. That is a cultural failing, and it is wildly optimistic to assume that everything is suddenly going to be fine going forward. Do the Government really believe that this Bill has enough checks and balances to protect vulnerable claimants? One thing is for sure: there will be more DWP mistakes.

Going forward, I would ask that the Government commit to making coroners’ reports automatically available to the public in every case where there is a link to the DWP’s actions.

Kirsty Blackman Portrait Kirsty Blackman
- View Speech - Hansard - - - Excerpts

It is not easy to follow that excellent speech. I really appreciate the hon. Member for Horsham (John Milne) reading out the names of people who have been failed by the system that was meant to support them—and we should remember that the system is what failed them. As he said, in a number of cases they were incredibly strong people who had fought through adversity but were then failed by the system. A significant number of disabled people have had to fight for so much of what they have. They have had to fight every day just to manage to get to work or get to the shop. They have had to fight for so much, and the system that is meant to support them should not then be another battleground.

I want to talk about a number of different things in the Bill, but I will start with the fact that this is not a happy Bill and the SNP does not support it. We are unhappy with a significant proportion of the Bill’s direction of travel, such as on the eligibility verification, not least because of the potential future risks. I said to the Conservatives when they were in government, and I will say again now that the Labour party is in government, that you will not be in government for ever. At some point, somebody else will be in government, and if it is somebody who shares the authoritarian ideas of some potential future leaders, I am not sure that I want them to have access to everybody’s bank accounts.

We need to look at the proportionality of accessing universal credit claimants’ bank accounts to see if they are committing fraud. I wonder what proportion of universal credit claimants defraud the system, compared with the proportion of billionaires who defraud His Majesty’s Revenue and Customs and do not pay the level of tax that they should be paying. I do not think it is proportionate for us to say that universal credit claimants need to have their bank accounts looked at because they are likely to commit fraud, whereas people who earn millions and millions of pounds and store it in offshore trusts do not have exactly the same constraints put on all the many bank accounts that they may have.

It is disproportionate for us to assume that social security claimants are more likely to defraud the system than anyone else, especially given that we have significant levels of proof that other people do defraud the system and that a significant number of the errors made—through overpayments, for example—are made by DWP itself, rather than by the claimants. The hon. Member for Poole (Neil Duncan-Jordan) talked about elements of Lords amendment 43 and vulnerable individuals who may be disadvantaged. If we could trust that DWP never or very rarely makes mistakes, I could understand the Government putting forward this Bill. From the written-down facts in coroner’s reports, and from all our constituency casework, we know that DWP makes mistakes. I am not blaming individuals at DWP for making those mistakes; there are sometimes systemic failures and sometimes individual failures. Mistakes are made at DWP, and adding both another layer of places where it can make mistakes and a further ability to sanction people—for example, by taking their car away or looking at their bank accounts—will not be proportionate until DWP is much less likely to make mistakes and to greatly overpay carers, for example, and then attempt to claw back the money. The Government need to get the Department in order before taking action against individuals. I understand that there are people who defraud the system—I am not doubting for a second that that is the case—but, as the hon. Member for Horsham said, putting the word “error” first might have been helpful, given that a significant proportion of the money that is overpaid is due to error.

I turn to the costs and savings mentioned in Lords amendment 43, on how much it costs to recoup money and to undertake an investigation in order to see whether somebody is defrauding the system. We know that a school meal debt system was set up, and we have had bailiffs at people’s doors looking for under £10 of school meal debt. Sending a bailiff to somebody’s door for under £10 involves a disproportionate cost, and I hope that everybody in this room thinks that we should not be spending so much money, and upsetting somebody’s life that much, for the sake of £10. If a person cannot afford to pay £10 of school meal debt, they have pretty significant problems, and sending a bailiff to their door is not going to help. We only know about some of these bailiff situations because they have been brought to MPs, or because they have been reported by various organisations. Aberlour Children’s Charity has done a huge amount of amazing work on public sector debt and some of the methods that are used to recoup that money. The Government should have to report whether it costs a disproportionate amount for us to ensure that we are not paying out a very small amount. I think it is completely reasonable for that question to be asked.

I think it is completely reasonable as well—the hon. Member for Poole talked about this—to think about vulnerable groups and whether they are overly disadvantaged by the system being put in place. Will people with learning difficulties, specific mental conditions and physical disabilities, and those from certain minority communities that are already marginalised, for example Gypsy Travellers, be specifically disadvantaged by the changes? All Lords amendment 43 asks is for reporting to ensure that those vulnerabilities, if there is an entrenchment of inequality and an increase in the disadvantage faced by people, are reported on, so we aware of it and there is transparency, and so we can see that it is creating a significant additional disadvantage on an already vulnerable and marginalised community. I would therefore really appreciate it if the Government agreed, rather than disagreed, with Lords amendment 43.

Finally on Lords amendment 43, the amount of money proposed to be saved by the Bill in its entirety—the total amount of savings—is, I understand, £1.5 billion. Governments of all colours are monumentally bad at reporting back on how much savings have been achieved by any of the measures they put in place on just about anything. Unless a tax is hypothecated, for example, we do not see exactly how much money is saved or exactly how much money is spent, and whether it delivered what was promised by the Government. Again, it is Governments of all colours who do not do post-implementation reviews in the right amount of time, and when there is a change of Government they sometimes just forget that post-implementation reviews exist. We will not know with any level of accuracy, unless we get proper reports on costs and savings, exactly how much money is saved and whether the Government have met their target or expected amount of £1.5 billion, so I have significant concerns.

I appreciate the Minister’s answer to me on Lords amendment 84. I had not understood what he had said originally on his position on Lords amendment 84 and the answer he gave me in response did clarify his position. I do not agree with his position, but I now understand why the Government hold that position. I still think it would be important to ensure there are things in place other than the EVM. I understand the Government want a little bit more flexibility and that they are saying they have to look at all the other information they hold. It is possible that the DWP may not hold any more information or may hold very little more information. Therefore, the decision to initiate a fraud investigation could be taken almost entirely, if not completely entirely, on the EVM. That is why I still disagree with the Minister’s position.

I would like a requirement for the DWP to have more than just that one piece of information. My understanding is that that was what Lords amendment 84 intended to do in the first place, but I appreciate that other amendments in lieu have been tabled by the Government to provide a little more clarity on what is expected. I would expect them to look at all the information provided, as the Minister said. I am just concerned that they may not hold lots of information, and a requirement to look at all the information they hold when they only hold one piece of information gets us back to the situation we were in at the beginning, where it could hinge on one thing rather than looking at a wider suite of things.

Generally speaking, Madam Deputy Speaker—I will sit down in just a moment—the SNP is not in favour of the Bill. We have significant concerns. If the Minister, when he responds, confirmed that the Government will do as much as they can on transparency, and that they will report back on the level of costs and savings that are created by the Bill, that would give me a measure of comfort. I still will not support the Bill, and I might still vote against some of the amendments tabled today, but I think it would make Members from across the House a bit more comfortable to have a better understanding of what is happening and whether the Bill is working as the Government intend.

Pension Schemes Bill (Eighth sitting)

John Milne Excerpts
Thursday 11th September 2025

(6 months, 1 week ago)

Public Bill Committees
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
John Milne Portrait John Milne (Horsham) (LD)
- Hansard - -

I thank the Minister for his reply. I take his comments about trying to reduce complexity. That is a wholly good thing for all concerned, not least us. Other contributors asked, how necessary is this? Are there not services already out there, or is this not the direction of travel? Do we really need to take this action now? In answering that, I will turn the Minister’s argument about mandation back at him: if it were not necessary, it would have happened already. That is very much the case. People are not taking advice, and sadly, they are reaching retirement very inadequately prepared for it.

That, indeed, is the other half of this question. This is not just about giving advice on the best way to make use of one’s pension through auto-enrolment or whatever; it is about alerting people at a young enough age—40 or whatever—to the fact that what they have is not going to cut the mustard in any way. It is not going to deliver the standard of lifestyle they want. They still have time at 40 to do something about it, whereas at 50 or 60, they have what they have. I am 65, so my fate is sealed. That needs to be part of any solution.

On underserved cohorts, WASPI women are the classic example—a group of people who were tragically under-informed, who received inadequate letters from the Department for Work and Pensions and so on. That led to terrible distress and is a problem to this day.

Kirsty Blackman Portrait Kirsty Blackman
- Hansard - - - Excerpts

Does the hon. Gentleman share my concern, and will he suggest to the Minister, that although it is important for those who will have great big DC pots at some point in the future, because of auto-enrolment, it is also important for people to get advice if they have a mixture of DB and DC pots, or if they have small DC pots that have built up as a result of auto-enrolment? It is not just a future problem, but a problem for people who reach pension age between now and when those big DC pots are the norm.

John Milne Portrait John Milne
- Hansard - -

That is a very fair comment—I will not repeat it. Overall, we would like to press new clause 1 to a vote, in order to put it on the record, without necessarily expecting victory.

Question put, That the clause be read a Second time.

--- Later in debate ---
Kirsty Blackman Portrait Kirsty Blackman
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If the new clause is pressed to a vote, I will not take part because it does not impact pensions in Scotland. However, I want to relay to the Committee and the Minister that I have heard a number of heartbreaking stories on this subject; I am aware that it is not the Minister’s fault that such situations have occurred. What has most impacted me is when I have heard the stories of people having to choose not to live with their partners if they are to continue to receive pensions.

Someone’s deceased police officer partner may have died a significant time ago. Finding happiness in a new relationship is a lovely thing, but that person might have to choose between getting the survivor’s pension and living with their new partner. That is a horrific decision that nobody should ever have to make. It would be great if the Minister recognised the issue: that people are being pushed into making difficult choices because of how the schemes have been written. I do not necessarily want the Minister to commit to changing the legislation, as I do not know whether it is within his gift to fix this, but will he recognise that the current situation is unfair? I think that would be a step in the right direction.

John Milne Portrait John Milne
- Hansard - -

Further to the remarks made by my hon. Friend the Member for Torbay on the new clauses, and as the hon. Member for Aberdeen North commented earlier, pension Bills come along once in a generation, so we are taking this opportunity to bring a number of long-standing issues under scrutiny, hopefully for comment.

Torsten Bell Portrait Torsten Bell
- Hansard - - - Excerpts

I thank the hon. Member for Torbay, who has just left us, for moving new clause 7. To clarify, it would require the Secretary of State to commission an independent review into the police pension scheme on these particular issues. I know this will be a matter of cross-party consensus, but the most important thing is to stress the value placed on the contribution of police officers across the country. I see them every day, particularly in the centre of Swansea, and they play a really important role.

The rules providing for the cessation of survivor benefits, where a survivor remarries or cohabits, are typically features of legacy public service pension schemes, and we are discussing the 1987 police pension scheme in this case. Reformed public service pension schemes do not include these challenges, as we have moved away from a system with significant inheritable rights. The same also applies to the new state pension system introduced under the coalition Government, which does not include the same degree of inheritability as the basic state pension did.

I want to take a similar approach to the many issues that will be raised in such calls for reviews. It is really important for me to be clear about why we do not support reviews into these schemes—particularly in this case, where it closed 20 years ago—as I do not want to raise expectations that will not be met. That would be deeply unhelpful to people who have been campaigning on this issue for many years.

In this particular case, there is the principle that we will not retrospectively legislate to change the terms of pensions far in the past, around 20 years ago. I am saying this very gently, but the reality is that my position is shared by most parties in this House. If the coalition Government, made up of a Liberal Democrat Pensions Minister and other Conservative Ministers, had wanted to resolve these issues and take an approach different from the one I am setting out today, they would have done it in a previous Parliament.

The last thing I want to do is give false expectations to people who often face consequences from the terms of these pension schemes—terms I do not support, but that is why they have ceased to be part of modern pension schemes. I do not want to give false certainty that we will start reopening public service pension schemes from decades ago. That would lead to false expectations, and that is the last thing we should be doing.

On that basis, we will not be supporting the new clause, but I understand the case that people have made and why people are raising it in this place. As I say, that is our approach to this issue.

John Milne Portrait John Milne
- Hansard - -

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 8

Independent review into pension losses incurred by former employees of AEA Technology

“(1) The Secretary of State must, within three months of the passing of this Act, commission an independent review into the pension losses incurred by former employees of AEA Technology who—

(a) transferred their accrued pension benefits out of the UK Atomic Energy Authority (UKAEA) public service scheme to AEA Technology (AEAT) on privatisation in 1996, and

(b) suffered financial losses when AEA Technology went into administration in 2012 and the pension scheme entered the Pension Protection Fund (PPF).

(2) The review must examine—

(a) the extent and causes of pension losses incurred by affected individuals,

(b) the role of Government policy and representations in the transfer of pensions during the privatisation of AEA Technology,

(c) the findings of the Public Accounts Committee and the Work and Pensions Select Committee,

(d) the adequacy of safeguards provided at the time of privatisation,

(e) potential mechanisms for redress or compensation, and

(f) the estimated financial cost of any such mechanisms.

(3) The review must be—

(a) conducted by an independent panel appointed by the Secretary of State, with relevant expertise in pensions, public policy, and administrative justice, and

(b) transparent and consultative, including engagement with affected pensioners and their representatives.

(4) The panel must report its findings and recommendations to the Secretary of State and lay a copy of its final report before Parliament within 12 months of its establishment.

(5) The Secretary of State must, within 6 months of the publication of the report under subsection (4), lay before both Houses of Parliament a statement setting out the Secretary of State’s response to that outcome.”—(John Milne.)

This new clause would require the Secretary of State to commission an independent review into the pension losses incurred by former employees of AEA Technology.

Brought up, and read the First time.

John Milne Portrait John Milne
- Hansard - -

I beg to move, That the clause be read a Second time.

The new clause would require the Secretary of State to commission an independent review into pension losses suffered by former employees of AEA Technology. It focuses on employees who transferred benefits from the UK Atomic Energy Authority to AEA on privatisation in 1996, and who later suffered losses when the company went into administration. Many former employees experienced significant losses due to circumstances beyond their control, and this review would ensure a transparent, evidence-based assessment of what went wrong. It would also hopefully provide a structured way to explore redress or compensation options for affected pensions.

To summarise, the new clause would ensure that lessons were learned and safeguards were strengthened for future privatisations and pension transfers. We move it in the hope that the Minister will put his thoughts on the record, so that campaigners can at least see them—like them or not, they will know where he stands.

Torsten Bell Portrait Torsten Bell
- Hansard - - - Excerpts

I reiterate my overall approach to the issues being raised in relation to historical cases, but we all recognise the difficult position that members of this particular scheme found themselves in. Many scheme members who move into the PPF receive a lower pension than they were otherwise expecting, and I think we are all sympathetic.

The hon. Member will be aware that there have been many reviews of this case, including by the Public Accounts Committee, the Work and Pensions Committee and, obviously, the Pensions Ombudsman. The coalition did not act on this particular case, and I do not want to raise expectations that we are going to reopen it now, given the number of reviews that have already taken place.

However, I can offer slightly more reassurance to the hon. Member going forward. He will be aware of changes in policy that mean that, when there are privatisations of the kind that sits behind this challenging case, workers will remain in public service pension schemes. They would not be moved across into another scheme. That is obviously what sits behind anxieties about the transparency of the advice provided in this case. I hope that that offers the hon. Member the kind of reflection that he asked for, but we are not in a position to support the new clause.

John Milne Portrait John Milne
- Hansard - -

I thank the Minister for his observations, and I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 9

Independent review into state deduction in defined benefit pension schemes

“(1) The Secretary of State must, within three months of the passing of this Act, commission an independent review into the application and impact of state deduction mechanisms in occupational defined benefit pension schemes.

(2) The review must consider—

(a) the origin, rationale and implementation of state deduction in the Midland Bank Staff Pension Scheme,

(b) the clarity and adequacy of member communications regarding state deduction from inception to present,

(c) the differential impact of state deduction on pensioners with varying salary histories, including an assessment of any disproportionate effects on—

(i) lower-paid staff, and

(ii) women,

(d) comparisons with other occupational pension schemes in the banking and public sectors, and

(e) the legal, administrative, and financial feasibility of modifying or removing state deduction provisions, including potential mechanisms for redress.

(3) The Secretary of State must ensure that the person or body appointed to conduct the review—

(a) is independent of HSBC Bank plc and its associated pension schemes;

(b) possesses relevant expertise in pensions law, occupational pension scheme administration, and equality and fairness in retirement income; and

(c) undertakes appropriate consultation with—

(i) affected scheme members,

(ii) employee representatives,

(iii) pension experts, and

(iv) stakeholder organisations.

(4) The person or body conducting the review must—

(a) submit a report on its findings to the Secretary of State within 12 months of the date the review is commissioned; and

(b) the Secretary of State must lay a copy of the report before Parliament and publish the report in full.

(5) Within three months of laying the report before Parliament, the Secretary of State must publish a written response setting out the Government’s proposed actions, if any, in response to the report’s findings and recommendations.

(6) For the purposes of this section—

‘state deduction’ means any provision within a defined benefit occupational pension scheme that reduces pension entitlements by reference to the member reaching state pension age or by reference to any state pension entitlement;

‘defined benefit pension scheme’ has the meaning given in section 181 of the Pension Schemes Act 1993;

‘Midland Bank Staff Pension Scheme’ includes all associated legacy arrangements and any successor schemes administered by HSBC Bank Pension Trust (UK) Ltd.” —(John Milne.)

This new clause would require the Secretary of State to commission an independent review into clawback provisions in occupational defined benefit pension schemes, in particular, the Midland Bank staff pension scheme.

Brought up, and read the First time.

John Milne Portrait John Milne
- Hansard - -

I beg to move, That the clause be read a Second time.

New clause 9 would require the Secretary of State to commission an independent review into the application and impact of state deduction mechanisms in occupational defined benefit pension schemes. It focuses specifically on clawback provisions in the Midland bank staff pension scheme and associated legacy arrangements.

We believe that a review is needed because state deduction provisions can reduce members’ pension entitlements, sometimes in ways that are complex or unclear. There are concerns about fairness, transparency and disproportionate impact, particularly on lower-paid staff and women. A review would ensure that members, regulators and Parliament had clarity about the origin, rationale and effect of such provisions.

The review would examine the history and rationale for the deductions, assess the clarity and adequacy of member communications over time, analyse differential impact on pensioners with varying salary histories, and compare state deduction practices with other occupational schemes in banking and the public sectors. It would also consider the legal, administrative and financial feasibility of modifying or removing state deduction provisions. Finally, it would be an independent and consultative process. The clause would ensure transparency and fairness, and it would provide Parliament and Members with clear, evidence-based guidance on the way forward.

Torsten Bell Portrait Torsten Bell
- Hansard - - - Excerpts

I am conscious that there was a debate in the main Chamber on this issue before the summer recess, when we were able to go into the issue in much more depth. The debate related to integrated pensions, but in that context people are usually referring to the HSBC historical pension scheme in particular. Without rehearsing everything I have said about our not being in the business of promising to change pension scheme rules, schemes have wide discretion about the nature of their rules and the entitlements that scheme members accrue. It is not for the Government to change those.

The law is very clear that the Government require transparency, just as the hon. Member for Horsham called for, and that includes clear communication of what the entitlement from any given pension scheme is, including issues to do with what is referred to as integrated pensions or clawback pensions. People do have to have received communication that spells that out. The role of the Pensions Ombudsman is to check that that has happened. That is where people can go if they feel that they have not received clear communication about what their scheme entitlements were.

I think we can all understand that if anybody started to receive a pension and was shocked to see a deduction in it when they went over the state pension age, that would be very significant for them. It is the job of the Pension Ombudsman to investigate cases such as that.

John Milne Portrait John Milne
- Hansard - -

I thank the Minister and beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 10

Use of electronic mail for direct marketing purposes relating to pensions

“(1) Section 22(3) of the Privacy and Electronic Communications (EC Directive) Regulations 2003 is deemed to apply to unsolicited electronic communications relating to pensions when the sender is—

(a) a firm authorised to provide Targeted Support under Article 55A of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 issuing a Targeted Support communication, or

(b) a qualifying pension scheme, as defined in section 16(1) of the Pensions Act 2008.

(2) Subsection (1) applies when the recipient is—

(a) a customer of the firm under subsection (1)(a), or

(b) a member of the pension scheme under subsection (1)(b).” —(John Milne.)

This new clause would require that the provisions relating to the use of electronic mail for direct marketing purposes under the Privacy and Electronic Communications *(EC Directive) Regulations 2003 would apply to communications from firms providing targeted support on pensions or from qualifying pension schemes.

Brought up, and read the First time.

John Milne Portrait John Milne
- Hansard - -

I beg to move, That the clause be read a Second time.

New clause 10 would require that provisions relating to the use of electronic mail for direct marketing purposes would apply to communications from firms providing targeted support on pensions or from qualifying pension schemes. That matters because pension savers deserve protection from unwanted or misleading marketing, especially when they may be vulnerable to scams. I used to work in direct marketing, so I feel a little bit guilty.

Torsten Bell Portrait Torsten Bell
- Hansard - - - Excerpts

That is impressive honesty.

John Milne Portrait John Milne
- Hansard - -

Obviously, all mine were absolutely above board. Currently, the privacy and electronic communications regulations do not clearly cover pension-related marketing from schemes or targeted support firms. This new clause seeks to close that loophole. People should be able to trust that communications from their scheme or adviser are genuine and not just spam dressed up as guidance. We would position this as a balance, so that legitimate communications to scheme members remain possible, but only within clear safeguards. In summary, it is a simple consumer protection measure that would protect savers from nuisance emails and potential mis-selling.

Kirsty Blackman Portrait Kirsty Blackman
- Hansard - - - Excerpts

I have a brief comment on the direct marketing purposes. An increasing number of people rely on email communication to get updates on their pension, rather than paper updates. I am aware of a significant number of people of younger generations who are not keen on opening letters that come through their door. They may also not be keen on opening emails, but at least they will be able to search for them, because they will not delete them, and will be able to find out what is in them.

I spoke to somebody the other day who was quite surprised at the low percentage of people who had signed up to use the app for the National Employment Savings Trust. Most of the providers and individuals I have spoken to have seen an increase in the number of people who are keen to use apps or communicate only via electronic communication. The point made by the hon. Member for Horsham is incredibly important. We need to ensure that a balance is in place and that people are provided with the correct and actual updates in a way that they want to receive them, but that they are protected from scams.

--- Later in debate ---
Torsten Bell Portrait Torsten Bell
- Hansard - - - Excerpts

Let me attempt to offer some words of clarification and then come to what the Government are doing on this issue.

To clarify, pension schemes are covered by the rules on direct marketing already. I think the new clause as drafted would probably have the opposite effect to what the hon. Member for Horsham intends, by carving out pension schemes from the limitations on direct marketing. That would be a loosening of the direct marketing restrictions for pension schemes. There are people in the industry that have been calling for exactly that, so that may be where the new clause is coming from, but I clarify that they are covered; the direct marketing rules prevent pension schemes from behaving in those kinds of ways.

What is the context here? We are obviously aware of concerns that the existing direct marketing rules, which apply to pension schemes, may limit providers’ ability to deliver the new targeted support regime that is being developed by the Government, exactly as the hon. Member for South West Devon has just set out. Under targeted support, FCA-authorised firms will be able to proactively suggest appropriate products or courses of action to customers. That could help people to make decisions about access to their pension, but it obviously needs to be done in the right way.

We have heard the feedback from stakeholders on the interaction between that wish for targeted support and direct marketing rules, which is where most of the debate on this area has been. Because targeted support involves recommending specific courses of action, it could be considered direct marketing. That is the cause of the tension.

There are particular issues for pension providers who administer auto-enrolled members, where the individual has not chosen the pension scheme or engaged with them. As a result of that, they cannot generally satisfy the requirements of what is called the soft opt-in, because the provider has not collected the information from the individual at the point at which they were enrolled—it has gone through the employer.

What are we doing about that? We are examining quite a range of policy options at the moment. That includes legislative change, which can probably be done via secondary legislation. I think that is the right way for us to proceed. When we do that, we need to get the balance between enabling targeted support and making sure that we do not have inappropriate direct marketing within the pension space. I definitely would not want to see a carve-out from all direct marketing rules for the pension sector as a whole, as there are risks that come with that. I hope that gives Members some clarity and an explanation of what the Government are doing to take this issue forward.

John Milne Portrait John Milne
- Hansard - -

I thank the Minister for his clarification, and I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Kirsty Blackman Portrait Kirsty Blackman
- Hansard - - - Excerpts

On a point of order, Ms Lewell, I am aware that I cannot make a speech at this point, but will the Minister write to me on whether he is planning to do anything about pre-1997 indexation of the PPF and FAS? If he writes to me about that, I will be happy not to push new clause 18 to a vote.

--- Later in debate ---
Mark Garnier Portrait Mark Garnier
- Hansard - - - Excerpts

I am highly reassured by the Minister’s words. The important point is to ensure that if the bodies are to work together and do this, we need to keep them held to account on it. The Financial Conduct Authority was set up as an independent regulator and reports back to such things as the Treasury Committee. Presumably, TPR reports back to the Work and Pensions Committee. Already we can see a potential problem there, because separate Select Committees are doing the investigation. That is an important point, but I am confident that the Minister and his civil servants are aware of the problem and will be resolutely super sharp-focused on this issue to ensure that we have regulatory clarity. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 39

Section 38: commencement

“(1) The provisions in section 38 shall not come into force except in accordance with regulations made by the Secretary of State.

(2) A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”—(John Milne.)

This new clause would require that the provisions in clause 38 could only be enacted once agreed through secondary legislation.

Brought up, and read the First time.

John Milne Portrait John Milne
- Hansard - -

I beg to move, That the clause be read a Second time.

Overall, this Bill has wide cross-party support, as evidenced by the fact that we have been rattling through it at such a pace. However, the power of mandation is undoubtedly the most controversial aspect. To be briefly Shakespearean: to mandate or not to mandate, that is the question.

The new clause would require that the provisions in clause 38—the mandation powers—be enacted only through secondary legislation. It is an attempt to square the circle between two competing views. The Liberal Democrats have concerns about the implications of mandation, frankly, as has much of the pensions industry. For example, Pensions UK, which is a signatory of the Mansion House accords, has stated:

“We believe that the best way of ensuring good returns for members is for investments to be undertaken on a voluntary, not a mandatory basis. We also note powers being taken to specify required investment capability for schemes, and to direct LGPS funds to merge with specific pools. All of these powers will require careful scrutiny.”

Similarly, the Society of Pension Professionals has said:

“The SPP does not support the reserve power to mandate investment in private market assets and recommends its removal from the legislation. The mandation power creates significant uncertainty, including questions about legal accountability for investment underperformance and how eligible assets will be defined. The threat of mandation risks distorting market pricing and could reduce public trust in pensions, as savers may fear that financial returns are no longer the top priority.”

The Minister has stated on a number of occasions that mandation should not be necessary, that he does not expect to have to use it and that the Mansion House accord demonstrates the industry’s willingness to act voluntarily. The obvious response is that if that really is the case, and that UK private markets truly offer the best option for pension savers while meeting the fiduciary duties, the industry should not need any prodding and mandation will not be required. The Minister’s response on previous occasions, and no doubt today, has been to observe the history and point out that thus far, the industry has been slow to make that change.

We recognise that the Minister is wholly committed to the path of giving himself mandation powers, whatever we or anyone else says. Indeed, he sees it as core to the legislation. For that reason, we have proposed the new clause as a halfway house. The power would be put on the books, but it would require secondary legislation to be enacted. It would give the Minister the ability to have access to mandation powers at short notice if he deemed it necessary, without needing primary legislation, but in the meantime, it does not hang over the industry like a sword of Damocles. It may seem just a psychological difference, but psychology matters, and there are other advantages.

Somewhat counterintuitively, sometimes having too much of a stick can be a problem in itself. The Minister would be under pressure to use the stick for the sake of consistency in every case where any company went slightly over the limit or was under the limit, even when he might prefer to take a softer, more conciliatory approach. We therefore see this new clause as a way to help the Minister exercise the powers he needs, but without stepping too heavily on industry’s toes. As he has said, he does not believe that he will ever need to exercise the power, so let us keep it at arm’s length.

Torsten Bell Portrait Torsten Bell
- Hansard - - - Excerpts

I will resist the temptation to relitigate the entire argument about clause 38, which we discussed at some length on Tuesday. I entirely agree with the thrust of the new clause, which is that there should be scrutiny of the use of any such powers—that includes the scale measures, not just asset allocation.

I can offer the hon. Member for Horsham some reassurance, because the Bill already provides that all significant regulations made under clause 38, including the ones he is referring to, are always subject to the affirmative parliamentary procedure. That is the effect of the changes made to section 143 of the Pensions Act 2008 by clause 38(15). That should give him a lot of reassurance. It is true that the new clause could put a further vote in the system, but the effect is the same. I have bad news about Governments with majorities: whether they are asked to vote once or twice, the outcome will look quite similar.

For the sake of transparency, I should flag that there are some much less significant measures in clause 38 that are subject to the negative resolution procedure. I will spell them out: regulations made that require regulatory authorities to report information relating to asset allocation to the Secretary of State, regulations made in respect of new information provisions, and regulations made in respect of the regulator’s power to issue a risk notice. The negative procedure is never used for the major aspects of clause 38, which, as the hon. Gentleman set out, is a central part of the Bill. I hope that reassures him that Parliament would have to support any measures to bring in the regulations that will underpin clause 38. As I have said ad nauseam, we intend to bring into effect the scale parts of clause 38, but do not anticipate the need to use the reserve power elements.

John Milne Portrait John Milne
- Hansard - -

I thank the Minister for his clarification. I emphasise that the new clause is as much for industry’s comfort as Parliament’s; nevertheless, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 44

Administration levy

“(1) The Pensions Act 2004 is amended as follows.

(2) In section 116 (grants), leave out from ‘expenses’ to end of section.

(3) Omit section 117 (administration levy).

(4) In section 173(3) (Pension Protection Fund), before subsection (3)(a) insert—

‘(aa) any sums required to meet expenses incurred by the Board in connection with the operation or discontinuance of the Pension Protection Fund,’

(5) In section 188(3) (Fraud Compensation Fund), before subsection (3)(a) insert—

‘(aa) sums required to meet expenses incurred by the Board in connection with the operation or discontinuance of the Fraud Compensation Fund,’.” —(John Milne.)

This new clause abolishes the administration levy and provides for the expenses of the PPF and the FCF to be met out of their general funds. It would enable FCF expenses to be covered by the FCF levy.

Brought up, and read the First time.

John Milne Portrait John Milne
- Hansard - -

I beg to move, That the clause be read a second time.

This new clause would abolish the administration levy, which allows the Pension Protection Fund and Fraud Compensation Fund to meet their expenses from their respective general funds. PPF administration costs could instead be recovered from the wider protection fund, while FCF administration costs could be met from the FCF fund, funded through the FCF levy. The levy has in any case been suspended from 2023 to 2025. Many in the industry expected that this would lead to full abolition, especially given the clear recommendation from the DWP review in 2022.

The Society of Pension Professionals, which originally composed this amendment, remains a strong supporter, and its view is widely shared across the pension sector. Discussions with the PPF indicate that it has no objection to this proposal and would be content for its administration costs to be met from general reserves. Given industry support and PPF agreement, we feel that the Government should implement this change without any further delay.

The levy raises only a relatively small amount, but it adds unnecessary complexity and confusion to scheme finances and risks undermining broader reforms, especially efforts to reduce the risk-based levy to zero, which have been widely welcomed.

Overall, this amendment provides the Government with the necessary powers to eliminate an outdated levy, which would streamline pension scheme funding. It is a small but meaningful reform that aligns with wider pension reforms that are all aimed at reducing red tape, simplifying funding and ensuring efficient use of scheme resources.

--- Later in debate ---
John Milne Portrait John Milne
- Hansard - -

I thank the Minister for his reply. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 45

Transfer of British Coal Staff Superannuation Scheme investment reserve to members

“(1) Within 3 months of the passing of this Act, the Secretary of State must by regulations make provision for the transfer of the British Coal Staff Superannuation Scheme investment reserve to members of the scheme.

(2) Those regulations must include—

(a) a timetable for transferring the total of the investment reserve to members of the scheme, and

(b) plans for commissioning an independent review into how future surplus will be shared.

(3) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”—(Kirsty Blackman.)

This new clause would require the Secretary of State to set out in regulations a timetable for transferring the whole of the BCSSS investment reserve to members and committing to review how future surplus will be shared.

Brought up, and read the First time.

Kirsty Blackman Portrait Kirsty Blackman
- Hansard - - - Excerpts

I beg to move, That the clause be read a Second time.

New clause 45 is about the transfer of the British Coal staff superannuation schemes’ investment reserves to members. I am aware of what the Minister said earlier about the various schemes where there have been unfairnesses and the fact that the Government generally do not make commitments about trying to overcome some of the unfairnesses in historical schemes. However, exactly those kinds of changes were made to miners’ scheme in the autumn Budget last year—the investment reserves were transferred to members and changes were made in relation to the future surplus—yet that has not happened for those who were in the British Coal staff superannuation scheme.

I will not push the new clause to a vote, although my Plaid Cymru colleagues might do so on Report. It would be helpful if the Minister confirmed that he is aware that although the miners’ scheme has been changed, there is still an issue with the British Coal staff superannuation scheme, and that the Government are keeping that under review and considering what they can do to ensure that the surplus is transferred to members.

John Milne Portrait John Milne
- Hansard - -

Any changes to the BCSSS pension scheme rules require Government action; trustees can only act within their current rules.

I pay tribute to my hon. Friends the Members for Brecon, Radnor and Cwm Tawe (David Chadwick), who has been working hard to raise his constituents’ voices in relation to this urgent issue, and for North East Fife (Wendy Chamberlain). This is another one of those cases where time is not on the side of the claimants. We believe that six members are dying every day in relation to illnesses contracted from mining. Time is literally running out for members, so this is an urgent issue.

--- Later in debate ---
Kirsty Blackman Portrait Kirsty Blackman
- Hansard - - - Excerpts

I appreciate the reassurances that the Minister has given me. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 46

Trustees: independence

“(1) The Pensions Act 1995 is amended as follows.

(2) In section 29 (Persons disqualified for being trustees), after subsection (d) insert—

‘(da) he has a personal or financial interest in the pension scheme, except for member nominated trustees.’”—(John Milne.)

This new clause makes pension scheme trustees truly independent of the sponsoring companies so that they can protect scheme members’ interests without any conflict of interest.

Brought up, and read the First time.

John Milne Portrait John Milne
- Hansard - -

I beg to move, That the clause be read a Second time.

The new clause would have the effect of making pension scheme trustees truly independent of the sponsoring companies so that they can protect scheme members’ interests without any conflict of interest. Trustees should act solely in the best interests of their members, not those of the sponsoring employer.

Currently, conflicts of interest can arise where company-appointed trustees also have personal or financial ties to the scheme sponsor. The new clause seeks to strengthen independence, excluding conflicting trustees while still allowing member-nominated trustees. Members deserve trustees who are free to challenge employers and prioritise pensions over corporate interests. Having strong, independent trustees means stronger protection for savers’ retirement security.

Torsten Bell Portrait Torsten Bell
- Hansard - - - Excerpts

I will remark briefly on the new clause. To state the obvious, the quality and independence of trustees is an integral part of our trust-based pensions system. It is very important, and it is right for the hon. Member to highlight it. Within those schemes, there are a range of trustee models. I would not want to put a blanket regime in place within the currently varied landscape. I want to give the hon. Member some different reassurance on this point. We are committed to strengthening scheme governance, including for some of the issues that he has raised. I have already announced my intention to consult later this autumn on measures to improve the governance of trust-based schemes. That work will consider again some of the exact issues that he raises. That is the right way forward, because there are lots of strengths to our current system. The quality of our trustees, their independence and everything they bring to their role are all valuable, but it is important that we maintain that as the best it can possibly be. I hope that the hon. Member will enjoy the consultation later this year.

John Milne Portrait John Milne
- Hansard - -

I thank the Minister for his encouragement. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 47

Report on Pension Scheme Eligibility and Access

“(1) The Secretary of State shall, within 12 months of the passing of this Act, lay before Parliament a report into the operation of occupational pension schemes where certain categories of employees have been excluded on the basis of job classification or employment start date.

(2) The report must examine the case of employees and former employees of Fife Joinery Manufacturing (a subsidiary of Velux), including—

(a) whether affected workers were provided with opportunity to join existing pension schemes,

(b) the adequacy of record-keeping and employer accountability, and

(c) potential remedies to ensure equal access to workplace pensions.”—(John Milne.)

This new clause would require the Secretary of State to report on the Velux Pensions case.

Brought up, and read the First time.

John Milne Portrait John Milne
- Hansard - -

I beg to move, That the clause be read a Second time.

The new clause would require the Secretary of State to report on the Velux pensions case. It would require him to report within 12 months on how occupational pension schemes exclude certain employees based on job classification or their start date. The report would specifically

“examine…employees and former employees of Fife Joinery Manufacturing (a subsidiary of Velux)”.

It would review whether affected workers were genuinely offered the chance to join the pension scheme. The report would assess

“the adequacy of record-keeping and employer accountability”

and explore possible

“remedies to ensure equal access to workplace pensions.”

The measure addresses concerns from shop-floor employees who joined before 1998 and were denied pension access despite repeatedly asking for it. The workers dispute claims that they declined pension membership and say they were told that they were not eligible. Attempts to engage Fife Joinery Manufacturing management have been unsuccessful. Workers have been advised to consider approaching the ombudsman, although none has done so yet. The new clause would hold the Government accountable to investigate and push for fairness and transparency. It is supported by my hon. Friend the Member for North East Fife and my Liberal Democrat colleagues.

To summarise, the new clause is a key step to ensure fairness and equality in workplace pension access and to prevent similar exclusions in the future.

Torsten Bell Portrait Torsten Bell
- Hansard - - - Excerpts

I am grateful to the hon. Member, as always, for raising those specific issues in this debate. It has been a good opportunity to raise such cases, as he regularly does.

The hon. Member will be totally unsurprised that the Government cannot support the new clause, because it is the Pensions Regulator’s role to regulate occupational pension schemes and, as he mentioned, it is the Pensions Ombudsman’s job to investigate individual complaints from members. We do not want the Government to step over the top of those organisations. I encourage those who think that they have a case to approach the ombudsman, if they have not already—given the hon. Member’s remarks, it sounds like they have not done so. I should add that I am not aware of the details of that individual case.

To be clear, if individuals have concerns about their workplace pension scheme that relate to their employer and the running of the scheme, they should take the issue to the Pensions Regulator, which will investigate. Individuals who think that they should have been a member of a pension scheme can also go to the Pensions Ombudsman, if that makes sense. Depending on the nature of an individual’s complaint, two routes are available. I ask the hon. Member to withdraw his new clause.

John Milne Portrait John Milne
- Hansard - -

I thank the Minister for his words. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Clause 98

Regulations: general

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

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss the following:

Clause 99 stand part.

Government amendment 241.

Clause 100 stand part.

--- Later in debate ---
Kirsty Blackman Portrait Kirsty Blackman
- Hansard - - - Excerpts

I would similarly like to offer thanks, particularly to Hansard colleagues and the other House staff who have had to put up with us. This has been a particularly well-natured Bill Committee. I appreciate that the Whip had to change during it, and I do appreciate the fact that both Government Whips had to carry the Committee a little to make sure that everything worked. I am not going to agree with how young the Minister is, although I do agree that all the Front Benchers who have spoken, as well as all the Back Benchers who have spoken, have done an excellent job. It is nice to be part of a Committee that is cross-party in that we agree on a lot of positives in the Bill, and we have also disagreed very agreeably throughout.

Unfortunately, I do not have much in the way of staff members to thank, because this has been a one-woman band. However, I very much appreciate the hard work that everybody has put in to make sure that we can ask the Government lots of questions on the Bill so that the Government can do their best to answer us, even if we do disagree with the answer sometimes.

John Milne Portrait John Milne
- Hansard - -

I feel I ought also to thank everyone, and the Minister especially for a superb performance. I think we can all agree that this is a very good Bill, with lots of really good things in it. I am particularly interested in the investment side of it, with the greater resources to invest in UK plc, which we certainly do need.

Sadly, I expect the Bill will not receive the publicity that many do—it has not been in the headlines so far—and that is a pity. Much more trivial and ephemeral stuff, frankly, gets all the headlines, while something that is interesting and dynamic, like the measures in this Bill, will probably be displaced by the latest resignation.

Torsten Bell Portrait Torsten Bell
- Hansard - - - Excerpts

I thank all Opposition Members for those reflections. I will come to my own after I have dealt with the remaining clauses and amendments—we must finish the job.

On the Opposition amendments, I am grateful to the hon. Member for Wyre Forest for his words. I am firmly committed to writing to both him and my hon. Friend the Member for Tamworth, which I shall do before Report. I am glad that the hon. Member will not press his amendments on that basis.

Amendments 225, 227 and 228 address the timing of the implementation of the provisions introduced by clause 38. Amendments 225 and 227 make it clear that the relevant master trusts and GPPs will not have to comply with the scale requirement until 2030. That is a point of clarification. In response to industry concerns, elements of the provision, such as the transition pathway, can be commenced and become operable prior to the scale requirement itself being active. We are responding to those concerns, and the amendment achieves exactly that. Amendment 228 provides clarification on the asset allocation elements of clause 38 by making it clear that those requirements will fall away if not brought into force by the end of 2035. Amendment 226 provides for the commencement of new chapter 3A, which will be inserted by new clauses 12 to 17.

On amendment 263, we have just discussed the PPF admin levy question. Given what we have just discussed about new clause 44, I ask the hon. Member for Torbay not to press the amendment.

Government amendment 242 introduces a commencement provision for the new chapter 1 of part 4 of the Bill on the validity of certain alterations to salary-related contracted-out pension schemes for both Great Britain and Northern Ireland. This measure means that two months after the Bill receives Royal Assent, effective pension schemes will be able to use a confirmation from their actuary obtained under this part of the Bill to validate a previous change to benefits—this is the Virgin Media discussion we had earlier today. Two months after the Bill becomes law, a previous change to benefits under an effective pension scheme will be considered valid if the scheme actually confirms that it met the legal requirements at the time of the change. This measure means that this part of the Bill will come into force two months after the Act receives Royal Assent and is a necessary accompaniment to new clauses 23 to 30.

Turning to the clauses, clause 101 is a standard commencement provision that details the timetable for bringing the Bill’s measures into operation and allowing transitional and saving provisions to ensure orderly implementation. Clause 102 is crucial, because it gives the Bill its short title. I commend those clauses to the Committee.

I will finish by adding my support to the comments made by all hon. Members about the proceedings of this Committee. I thank all hon. Members from all parties for their support—broadly—and also for their scrutiny, which is an important part of everything we do in this place. The Bill is important, but the debate around it is also important, both so that the legislation can be improved and in its own right. Such debate makes sure that issues are brought to the attention of the House and are on the record. I also thank this Chair, as well as several others, including those who have stood in at short notice at various phases of the Bill’s consideration. I am particularly grateful to one individual, and I am also grateful to the Clerks for all their work.

Most of all, I put on record my thanks to all the civil servants in the Department for Work and Pensions, His Majesty’s Treasury, the Financial Conduct Authority and the Pensions Regulator. Many of them have been working on the content of this Bill for many years, far longer than I have been Pensions Minister and, as many hon. Members have kindly reminded me, far longer than I may end up being the Pensions Minister, given the high attrition rate over the past 15 years in modern British politics. I thank them for the warning, and will take it in the way it was hopefully intended.

To be slightly worthy at the end of my speech, it is probably true that pensions legislation does not get the attention it deserves, but looking back over the 20th century, nothing was more important to the progress that this country and others made in delivering leisure in retirement. That very big win was delivered not only by productivity growth, but by Government decisions and collective decisions made by unions and their employers. The Bill goes further in that regard and, on that basis, it deserves all the coverage it gets.