Pension Schemes Bill

Liam Byrne Excerpts

Wednesday 22nd April 2026 Commons Chamber

[Torsten Bell]

I thank Members and peers for the continued scrutiny of the Bill before us. Our task today is to focus on the limited outstanding areas of disagreement, although that should not detract from the consensus behind this Bill—behind the case for a better pension landscape that sees bigger, better pension schemes focused on delivering stronger returns for savers. On the issues that remain before us, I hope that Members and peers will see that we have listened to the points they have raised and brought forward amendments that directly address what we have heard, while of course holding to the core principles of delivering against the Labour manifesto, which was clear on our policy intent around scale and productive investment.

First, I turn to the reserve power on asset allocation. Last week I set out the Government’s case for such a power at some length, and I will spare the House a full repetition today—[Interruption.] I know, I know, but there is so much more to discuss. We will not have time to discuss the hair of the hon. Member for Wyre Forest (Mark Garnier) if I offer a full statement.

In brief, since hon. Members have asked, there is a well-evidenced collective action problem in the defined-contribution pensions market. Providers want to diversify their asset allocations in their members’ long-term interests and in the interests of better pensions for savers, but they are clear publicly—and even more emphatically in private—that market dynamics, which focus on minimising cost rather than maximising long-term value for savers, are the single biggest barrier to doing so. That is not a theoretical risk; it is exactly why so little progress was made against the Mansion House compact under the last Government. The reserve power exists for the sole purpose of solving this problem.

Last week, we brought forward changes to make that absolutely explicit by writing the industry-set Mansion House accord targets into primary legislation through the 10% and 5% caps, and requiring any regulations to operate neutrally across asset classes. These were designed to make it clear in the Bill that the power can be used only in line with what the industry itself has committed to. The cap prohibits any move beyond the accord targets and the neutrality requirement rules out the possibility that any Government could direct investments into a particular asset or asset class.

As is plain, however, we have not yet reached agreement across the two Houses. Rather than simply restating our position today, the Government are bringing forward a further package of changes.

First, we are bringing forward the current sunset date for the reserve power from 2035 to 2032. The Mansion House accord commits the industry to reaching its targets by 2030, and bringing forward the sunset clause aligns the power more closely with that timeline. If the power has not been exercised by the end of 2032, it falls away entirely. Secondly, because the power has only one purpose, we are providing that it may be exercised only once.

Thirdly—I want the House to understand the significance of this—we are providing for not just the power but any effects of it to fully fall away at the end of 2035. That goes beyond the sunset clause I have just described and means that even if the power has been used, the entire framework and any requirements on schemes will fall away at the end of 2035. This timeline reflects the fact that once the cultural shift has occurred and the impacts of the Mansion House accord are embedded, the collective action problem falls away. At that point, other elements of the Bill—greater scale and the impacts of the value for money framework—will help to sustain the change.

I want to return to a point made by the hon. Member for Faversham and Mid Kent (Helen Whately) in our previous debate. She observed correctly that the Bill referred to assets held in default funds as a whole, whereas the Mansion House accord applies only to main default funds. As the policy is intended to reflect the accord, the legislation would ideally use the same language, so we have tabled amendments to ensure that that is the case throughout the relevant provisions and have retabled the percentage cap with the same wording. I am grateful to the hon. Lady for pressing that point last week.

Let me be clear that the House today is being asked to consider a reserve power that is highly constrained and narrowly focused on solving a very specific problem. It is capped at the accord targets and provides for absolute neutrality among private asset classes. The Government cannot direct investments. The power explicitly applies only to main default funds, more explicitly matching the language used in the accord. The power’s timeline also matches tightly that of the accord. It can be used only once and lapses entirely in 2035 if not used; even if used, which is unlikely, the entire regime is repealed at the end of 2035. On top of all that, it remains subject to the savers’ interest test, the affirmative procedure and the statutory reporting requirements, both before and after any regulations are made.

[Liam Byrne (Birmingham Hodge Hill and Solihull North) (Lab)]

I congratulate my hon. Friend on stewarding the Bill with such expertise, and I very much hope that the cultural change that he is hoping for sticks and that we do not just get an unwinding of the repatriation of UK investment. A necessary corollary of what he is proposing is a fiduciary duty and a fiduciary code that give pension fund trustees real clarity in investing in a wide range of investments that are good for the long-term health of the savings they are stewarding. It was unfortunate that the other place rejected the Government’s amendment that would have allowed a new statutory code to be implemented. Will the Minister confirm that the technical working group that he has set up to revise that code will proceed, and will he commit to bringing forward further amendments to future legislation to give effect to the ambition that he set out in response to my new clause 17?

[Torsten Bell]

I share my right hon. Friend’s frustration about developments in the Lords on those matters, not least because some of those who voted against amendments that would have introduced statutory guidance, as he says, have spent years calling for exactly that—but that is a matter for them. The Government will proceed on work to draft that guidance. The technical working group is well under way and is doing good work to provide clarity to the industry. We will come forward with proposals to put the guidance on a statutory footing in the months and years ahead.

As I was saying, the timeline tightly matches that of the accord. I hope that everybody can see that the framework is a long way from the characterisation of this power that we have occasionally heard. I understand that some Members of this House and the other place would prefer it if the power did not exist at all. I respect that view, but I do not share it. The evidence for the collective action problem is clear—we have lived it—and I have listened but heard no alternative proposal to address it. The consequences of not addressing it fall on pension savers—the people who rely on their defined-contribution savings for a comfortable retirement. That is not a risk that the Government are prepared to take.

The elected House has now considered this question twice. On both occasions, it has overwhelmingly endorsed the case for the reserve power to deliver our manifesto commitments in this area. The Government have listened to the concerns raised in the other place, and have responded not with warm words but with real concessions, through changes to primary legislation that directly address the arguments made. I hope that MPs and peers will now accept that the Government have moved significantly and provided the assurance they have been seeking.

Lords amendment 35B would require the Secretary of State, when making regulations across the scale measures and those for default arrangements, to have regard to

“the benefits of competition among providers of pension schemes”.

The Government of course support the importance of competition as the market moves towards scale, and have done so in the Bill’s provisions. The market is already highly competitive, and the new entrant pathway is designed to ensure that it remains so. The same goal is reflected in a scheme’s ability to open new default arrangements.

However, we have heard the arguments that have been made during debates, and I recognise the desire in the other place to see that commitment in the Bill. This is why I have tabled amendment (b) in lieu of Lords amendment 35B. It sets out that the Secretary of State, in setting regulations in respect of both the scale measures and those relating to default arrangements, must have regard to the importance of competition and innovation. The amendment in lieu delivers on the proposals from the other place, but with an appropriately holistic approach to the issues to which a Secretary of State will need to have regard in the years ahead. That reflects that our ultimate focus is, of course, on delivering the best outcomes for members, of which competition in the market is one important driver. Under the Government’s amendment, regulations must have regard not just to scale, but to competition and innovation, alongside effective governance. The explanatory notes will make that clear.

On Lords amendment 37B, the case for scale has been made, and both Houses have broadly agreed with the benefits that it brings. Indeed, all main parties are on the record as recognising the key role of scale in delivering better outcomes for savers. We all made those arguments, recognising that moves towards scale would always mean some schemes exiting the market because we collectively prioritise the need to deliver for those who work hard to save for retirement, and we must ensure that they are saving into schemes that can deliver better outcomes.

Scale drives lower costs, better governance, investment expertise and a balance sheet that can provide a more diverse portfolio for savers, improving overall outcomes for them in the longer term. That focus on scale was explicitly laid out in our manifesto, and the evidence for the approach we are taking was detailed in the pensions investment review. The Lords amendment pays too little regard to that evidence and that manifesto. It would also be unworkable in practice, as it would enmesh regulators in years of legal proceedings while leaving providers and savers in limbo.

However, I have listened to the argument made in this House and the other place that the innovation some smaller schemes offer members should not be dismissed. I absolutely agree, which is a key reason our approach to ensuring that scale is achieved has been so pragmatic.

--- Later in debate ---

[Madam Deputy Speaker (Judith Cummins)]

I will now announce the result of today’s deferred Division on the draft Energy Prices Act 2022 (Extension of Time Limit) Regulations 2026. The Ayes were 380 and the Noes were seven, so the Ayes have it.

[The Division list is published at the end of today’s debates.]

[Liam Byrne]

I rise to say a couple of things in support of the Minister, who not only has done a heroic job in laying out the intellectual architecture for the legislation before he got to the House, but is so expertly steering it through the House. I wish him all the very best this afternoon in finishing the job.

I want to make three points. First, the measures that the Minister has set out are essential if we are to pursue the long-term interests of pension savers in this country. It is in their fundamental interests that they live and retire in an economy that is growing faster in the years to come. The only way in which we can collectively achieve that is by raising the investment rate in this country. For a long time, our investment rate was the lowest in the G7; it is improving and is now the second-lowest in the G7. It is for exactly that purpose that hon. Members on both sides of the House made the argument that we need to repatriate investment saving.

The fact is, we have got to resolve the paradox that, on the one hand, we have £3 trillion-worth of pension savings and, on the other hand, while we have some of the world’s best life science, best universities and best entrepreneurs, we do not have the investment institutions and systems that connect long-term savings to that brilliant tradition of entrepreneurial genius. Unless we fix that long-standing paradox, this country will not grow faster. That is not a Labour analysis; it is an analysis that was first advanced by the former Conservative Chancellor, the right hon. Member for Godalming and Ash (Sir Jeremy Hunt).

If we manage to get that right, the investment rate in the country will go up and the economy will grow faster in the years to come. Therefore, there is not a cost to the savings of Britain’s pension savers—it will actually be to their advantage.

[Helen Whately]

As I think the right hon. Gentleman will have heard in my speech, there is widespread agreement that we want to see more investment by pension funds in the UK; the debate is about whether mandation is the way to achieve that. Actually the Minister’s main argument for the mandation powers is not about investment in the UK; it is about solving a collective action first-mover problem in trying to improve returns and the risk that that will put up costs to pension funds and for savers. That is what he’s really arguing, rather than the point made by the right hon. Gentleman about investment in the UK.

[Liam Byrne]

I am grateful for that intervention, because the hon. Lady made my second point for me. It is just not good enough to will the ends and not the means. The reality is that, after all the heroic work of the former Conservative Chancellor, built on ably by the current Chancellor of the Exchequer to advance the Mansion House accord and the Sterling 20, the repatriation of long-term savings into our country is going at a snail’s pace. If we want to deliver it by a timetable on which we are both agreed, we will need to give a little bit of encouragement to the industry. That is exactly what the Minister’s proposed provision would do.

[Mark Garnier (Wyre Forest) (Con)]

The right hon. Member raises many really important points, much of which we agree with. That is why, I think on Report, the Opposition tabled an amendment to try to understand what the problem was. It specifically asked, “Why are these pension funds not investing in the UK? Is it legislative, is it regulatory or is it cultural?” The Government voted against that. They voted against exactly the work we need to do to understand what the problem is. Could he possibly explain why?

[Liam Byrne]

I can advance only my own analysis of what will be needed. Indeed, it is part of a wider Business and Trade Committee inquiry, which will produce a report in a couple of weeks, on how we transform the investment environment. The reality is that there is a shared ambition on both sides of the House to ensure that we fix this long-standing paradox. My judgment is that the measures the Minister is proposing are essential if we are to deliver on that by the early 2030s. It is just not good enough to try to persuade Britain’s pension funds through sheer mind powers alone to repatriate the investment they are proposing. By taking the Minister’s approach, we stand a better chance.