Parliamentary Contributory Pension Fund

John Redwood Excerpts

Monday 17th October 2011 Commons Chamber

[Sir George Young]

I know that my hon. Friend is not so satisfied. He will know that a Committee of the House is looking into the legislation and that there is a committee that liaises between this House and IPSA. I think that the latter is aware of his views on the improvements that need to be made to the scheme. This motion relates not to the allowances that, I believe, are his preoccupation but to pensions.

Before we rose for the summer recess, I set out the Government’s approach to hon. Members’ pensions in a written ministerial statement, and I also published the motion we are debating. Should the House agree to support the motion, we will have protected the principle that MPs’ remuneration should be independently assessed and determined and demonstrated to our constituents that we understand that Parliament must not be insulated from the fiscal circumstances affecting the rest of the country.

[Mr John Redwood (Wokingham) (Con)]

The Leader of the House said that we will never vote again on these matters. Does that mean that the House will not vote the money needed to pay these salaries? What will be done about the overall budget for the costs of government and Parliament, which I thought was of interest to the Government?

[Sir George Young]

The position is exactly as I said: under legislation passed by the House we will not vote on our own pay, which IPSA will determine independently. It will have the authority to do that and, without primary legislation, which the House would have to agree, its determination will be the last word.

[Sir George Young]

Primary legislation precludes that. Were the Government to be minded to change that, they would have to persuade the House to reintroduce primary legislation overturning the Parliamentary Standards Act 2009, which deals with IPSA, and the Constitutional Reform and Governance Act 2010, which have taken the matter out of our control, so there is no longer a parallel with the previous position.

[Mr Redwood]

I understand the narrow point about rates of pay, but my question is rather different: are the coalition Government still interested in the overall costs of Parliament and of MPs? Will we vote through the money, or will somebody else do that?

[Sir George Young]

It would be quite wrong to say that, in principle, our pay should be determined by IPSA but to try, by the back door, to circumscribe that decision by voting down the money it had determined should be paid as our salaries. That would not be an independent determination of our salaries.

--- Later in debate ---

[Ms Eagle]

Time will tell. If IPSA proves incapable, which I doubt, I suspect we will be back here quite quickly, dealing with the consequences. I do not anticipate that we will be in that position.

[Mr Redwood]

The hon. Lady is making an important contribution. May I see if I have understood what she is saying? She is saying that the order does not suspend normal trustee law, so are the trustees under a duty to give their consent or to seek to modify the scheme that IPSA brings forward? I do not know whether this is a normal scheme or not.

[Ms Eagle]

This will be an IPSA scheme. My understanding of it, in my reading of the primary legislation which we all supported prior to the last election, is that the trustees would have the normal legal requirements and fiduciary duties in the new scheme that trustees of other schemes have. That is my understanding. I am looking at the Leader of the House, who does not seem to be shaking his head. I assume that if the Government had a different interpretation, we would have heard about it by now.

--- Later in debate ---

[Mr Chope]

It does not say that, actually, because if it did, it would be worded in that way. That is how it is being interpreted. If nothing else comes from this debate, something will have been achieved if that is how the Independent Parliamentary Standards Authority interprets the motion. My concern and the concern of many colleagues is that it seems as though the Government have picked a few items and put them in the motion.

To take one public service scheme as an example, the Government have made it quite clear that they do not think that the principles we are talking about today should apply to the armed forces scheme. I support the Government in that, but it is a completely separate issue from trying to tie the hands of IPSA at this stage. IPSA will come forward with its proposals and they will go out to consultation, at which point the Government will have a chance to express a view, as will everybody else.

[Mr Redwood]

Am I right in remembering that the idea of the Hutton proposals was that they should be negotiated between the representatives of the employees and the employers? Does my hon. Friend think that that is the idea in this case as well?

[Mr Chope]

My right hon. Friend is, as almost always, absolutely right. The hon. Member for Blaydon made the point that in the public sector, proper negotiations are going on based upon information about specific schemes and about employment issues overall. It seems that for some reason, the Government are trying to pre-empt that negotiation, although we have a strong and independent group of trustees for our pension scheme.

As you know, Mr Deputy Speaker, I tried to negotiate with the Government a slightly longer debate on this issue, believing that we should take it up to 7 o’clock. I lost out in that negotiation, so now I feel it is incumbent on me to reduce my remarks pro rata to give others the chance to participate. I have tabled the amendment as a probing amendment, and I have been quite interested in the reaction that it has engendered. Since I tabled it I have heard colleagues say that they think I am on to a good thing, and that they would support it if the House were to divide. However, I will wait and see the view of others before making a final decision on that.

--- Later in debate ---

[Mr Donohoe]

I do not have time to give way again, because I am conscious of the fact that so many Members want to intervene or make speeches. Rather than reading out the minutes of meetings, if the hon. Gentleman writes to me I will furnish him with that information.

[Mr Redwood]

Will the hon. Gentleman give way?

[Mr Donohoe]

I will give way to the right hon. Gentleman if I get to a point at which I have some leeway, but I have some important things to outline before I take any further interventions.

The trustees of the time had no choice about the move to IPSA, which was agreed by a motion of the House. However, they fought for and won significant concessions within the Bill that made the change. There is absolutely no doubt that the protection of Members’ pensions was at the forefront of their discussion, and I have to praise the staff and advisers of the pension unit and its previous chairman, Sir John Butterfill. They are to be congratulated on the protection that they got for the pensions of Members and retired Members.

The legislation necessary to transfer the Leader of the House’s powers to IPSA was in place before my appointment as chairman of the board of trustees, but as I continue I shall tell the House that the trustees will have important powers that they did not have previously. The transfer of powers was agreed, as all hon. Members will know, in the wake of the expenses scandal, following the recommendations of the Kelly report. One recommendation was that IPSA should have statutory responsibility for setting Members’ pay, which of course includes pensions, and other conditions of service. It is important to understand that that must be done in consultation with the House. IPSA also has the responsibility of oversight for the administration of Members’ pensions.

Therefore, amendments to schedule 6 to the Constitutional Reform and Governance Act 2010 were made to give effect to the decision to transfer powers over pensions. That is what the Act was all about, and that is what it achieves. However, Members who read the Act will find that aspects of it clearly transfer more powers to the board of trustees.

[Mr Redwood]

Will the hon. Gentleman make that clear, because I do not quite understand him? Is he saying that the trustees have the power and the duty either to consent to IPSA proposals or to withhold their consent? If they have that power, how might they use it?

[Mr Donohoe]

The trustees do not have that power. Given IPSA’s independence, which is enshrined in legislation, at the end of the day, it makes the ultimate decision, but it must do so after meaningful consultation with the trustees. Any changes that IPSA wishes to make to the pension fund must be reported to the Speaker and laid before the House. That is the power within the Act.

The trustees at the time were presented with the proposals to amend the 2010 Act. They asked for and got a number of amendments, but they had no power to overturn the Government’s proposals, which were eventually agreed. I can tell the House that the trustees made an exceptional effort and fought extremely hard in that period, and they won numerous and significant protections for Members’ pension benefits. By way of an example, accrued benefits will be fully protected after the transfer. Because the benefits have been built up, they obviously must be protected, but they are not currently protected and they could be interfered with. That is a clear indication of what the trustees were able to implement—that protection will be enshrined in legislation following the transfer. I do not have time to give more examples, but I can give them to hon. Members after the debate if they want me to.

IPSA can make changes to MPs’ future pension benefits and contributions only after formal consultation with the trustees, the majority of whom, following the transfer of the power, which will happen whenever the Leader of the House gets round to signing the order, will be Members of Parliament or former Members of Parliament. That is an enhancement of the trustees’ powers, because there is currently no such requirement.

Currently, there are 10 trustees—eight are Members of Parliament and two are former Members, but when the order is signed, one trustee will be appointed by the board of IPSA and one will come from the Government. The Ministry for the civil service, the head of which is the Prime Minister, will appoint the latter. I do not suppose the Prime Minister wants to become the trustee of the Members’ pension fund, but who knows?