Pensions Bill [HL]

Lord McKenzie of Luton Excerpts

Wednesday 30th March 2011 Lords Chamber

Moved by

[Lord McKenzie of Luton]

1: Clause 1, page 1, line 6, leave out “December 1953”” and insert “April 1955””

[Lord McKenzie of Luton]

I shall speak also to the other amendments in the group. Their detail may appear a little intricate, but their effect should be clear and straightforward. The amendments provide for the retention of the existing timetable for the equalisation of state pension age of men and women at age 65, but to bring forward the increase in the state pension age to 66 for both, in stages, between 2020 and 2022. Noble Lords will be aware that the Pensions Act 1995 provides for the gradual rise of women's state pension age from 60 to 65 over a 10-year period from 2010 to 2020. Also, as part of what we might call the Turner settlement and to pay for re-linking the basic state pension to earnings, the Pensions Act 2007 provided for the SPA to increase to 66 between 2024 and 2026, and then to 67 and 68 in the subsequent two decades.

The Bill also brings forward the increase in the state pension age to 66, but it would be completed between November 2018 and April 2020. Because the increase for men cannot run ahead of women's state pension age, the Government have put themselves in a position where they have to accelerate the date for equalisation of the SPA to November 2018, thereby disturbing the settled timetable of the 1995 Act. The Government propose to move to a state pension age for women of 65 by November 2018, rather than March 2020. The acceleration for that begins in May 2016. Between November 2018 and March 2020, the state pension age will rise for both men and women to 66.

What the Government seek to do is a clear breach of the coalition agreement, which committed that the state pension age for women would not start to rise to 66 until 2020. Had it been honoured, we could have reached a consensus on the way forward. Our amendments accept an acceleration of the move to a state pension age of 66, bringing it forward four years from the current timetable, but because that does not need to start until 2020, when men and women will each have a state pension age of 65, there is no need to change and no justification for changing the 1995 provisions.

The Government’s proposals affect nearly 5 million people, about 2.6 million of them women. Of those 2.6 million, 1.5 million women will have to wait a year longer for their pension, of which 500,000 will have to wait more than a year, including 300,000 for more than 18 months and 33,000 for exactly two years. Those first affected will have just five years’ notice. Our amendments would affect 1.2 million fewer people; they would affect approximately equal numbers of men and women; and no one would have to wait more than an extra year for their pension. There would be a minimum of nine years’ notice for all those whose state pension age will change.

Before expanding on our reasons for that proposition, let me reiterate, as I said in Committee, that we do not dispute the updated information concerning life expectancy and the need to change the status quo. We further recognise that the current timetable for increasing the state pension age to 67 and 68 is unlikely to survive. Whether the Chancellor's wish for a more automatic process to update that will achieve a consensus will depend on what view is taken of such matters as fair notice periods and health inequalities.

It is also accepted that our amendment would achieve only two-thirds of the savings that the Government hope to secure by drawing the line where they have. Our proposition is the same as option 2 in the impact assessment. We will hear from the Government, as we did in Committee, that we cannot forgo the difference of some £11 billion in DWP savings, but let us put this in context. This is a net present value, not an annual figure. The DWP savings forgone on our proposition are spread over about five years and do not exceed £1 billion until 2018-19, with the differential between the two propositions disappearing in 2022-23. These are not small sums, but need to be seen in the context of a GDP which might then be some £2 trillion with annual spending on pensions and benefits of £100 billion a year. The timing of the savings is outside the Government’s deficit reduction plan. The savings are all outside this Parliament and significantly outside the one that follows.

One cannot ignore the medium or long term, particularly on pensions, but intergenerational judgments also involve assessing who is to bear the pain now. Savings to the Government and future taxpayers are pensions forgone by the 5 million individuals, the majority of them women, who are hit by these proposals. If intergenerational issues are to be judged on the basis of the number of years in receipt of state pension or the proportion of adult life spent in receipt of state pension, the impact assessment shows little difference between the Government’s position and our amendment.

We contend that any changes to state pension age have to be reasonable and fair and should not disadvantage any group disproportionately. The Government’s proposals fail this test. Women’s pension age is rising by up to two years; no man will see more than a one-year rise. Some women are being given six years’ notice of a two-year change; men are being given seven years’ notice of a one-year increase. Forty per cent of women in the age group affected by these proposals have no private pension wealth. Many who were part-time workers were excluded from occupational pension schemes until the 1990s. Women’s pension assets are only one-tenth of those of men. Women are more likely to take on caring responsibilities and to have reduced their hours of work or left the labour market on the expectation of a pension at a fixed date. Just on these issues, it is difficult to see that they have not been disproportionately disadvantaged by the Bill.

Of course, it is not possible to redress all the historic disadvantages women have endured in pension provision, but reasonable notice periods for changes to the state pension age is clearly one way of allowing maximum time to adjust. The 1995 Act gave 15 years’ notice. The 2007 Act gave 17 years’ notice. This Bill gives five years’ notice. What is reasonable notice can be judged in part by looking at attachment to the labour market. Analysis shows that women tend to leave the labour market earlier than men. In 2010, 65 per cent of women aged 55 to 59 were still economically active, but by age 60 to 64 this declined to 34 per cent. If individuals are to be able to respond to changes to their economic circumstances caused by a deferral of their pension, they need to know before they make irrevocable decisions about their employment. This assumes that individuals are in a position to mitigate their pension loss by continuing in or rejoining the labour market. We know this is more difficult for some than for others. The impact assessment suggests that ethnic minority groups in particular will be adversely affected. Analysis shows that notice for men should be at least five years and, ideally, 10 years, and for women it should clearly not be less. It will be noted that even our amendment offers only nine years, which is just on the cusp of what should be acceptable.

The Government are right to address the consequences of increasing life expectancy. The much-lauded triple lock has to be paid for, but the Government have gone about it in the wrong way and will cause great unfairness, particularly to women. This group of amendments offers a fairer alternative. I beg to move.

[Baroness Howe of Idlicote]

My Lords, first, I apologise to the House that due to a previous commitment I was not present to support the amendment of the noble Lord, Lord McKenzie, in Committee.

As other noble Lords have said, there are a number of changes which we welcome, not least that auto-enrolment into occupational pensions will in future help more people to save for retirement. However, as we all know, both from individual letters we have received and from organisations such as Age UK, Saga, the TUC and others, considerable numbers of women are very concerned. A total of some 2.6 million women are affected by all this, and they are very concerned at the Government’s proposed acceleration of the state retirement age. To be fair, they had certainly not expected such a step.

I am sure it will not surprise the House to learn that I want to concentrate on the adverse effect that some of the Bill’s proposals will have on women, particularly on those turning 57 in March and April this year who will now have to wait until they reach 66 to receive the state pension they have contributed to during their working lives. They have had less than eight years’ notice of an additional two years without that state pension. Equally, we need, as the noble Lord has already said, to face two realities: first, that our parlous economic situation will inevitably reduce everybody’s quality of life, and secondly, the realisation that our increasing longevity means that all of us will in future have to work longer to earn a decent state retirement pension. However, we shall as well be seeing—I hope, as finance improves—far more effective equal opportunity practices available at all workplace levels for both sexes, which should mean that men as well as women can genuinely share rather more of the family responsibilities. That in particular is why I want to support the noble Lord’s amendments, for it seems to me that they have indeed faced these realities. On economic as well as longevity grounds, they do not ask for the full commitment which the coalition Government’s agreement promised to give to women to be fully honoured, but merely for a slight increase in what the Government themselves propose. For that reason, I really hope that when the Minister replies he will feel able to accept that compromise.

I have to admit that my own preference would be for the commitment to be fully honoured. In my early days as deputy chairman of the Equal Opportunities Commission in the 1970s, pensions were not even perceived as pay. I am glad to say that that situation was very soon seen to be untenable.

I return to what is proposed. A total of some 2.6 million women are affected. Of those, 33,000 women born in the 1953-54 period will see their state pension age increased by at least 18 months. It is estimated that those women will lose around £10,000. We need to remember, too, that when these women were first in the workforce, there were far fewer and far less well-paid jobs available to them than there are in today’s world, especially when they needed to work part-time or flexibly when children or other family members needed care. Two different illustrative figures bring this home very starkly. Women retiring in 2009-10 had on average a state pension of £92 compared with the average male state pension of £124. For those who were lucky enough to be involved in private pensions, an average man’s private occupational savings when aged 56 were £53,000 or nearby, which is no less than six times higher than the woman’s average total of £9,000.

When we consider the just and fair thing to do in this situation, we all need to accept who bore the responsibility for bringing up the generation of healthy, well adjusted young people who are today those responsible for paying our state pension entitlement. We also have to remember that none of the savings that the Government claim to be making will be made during this period of major financial crisis. So why victimise this already exceedingly vulnerable group of women—the poorer they are, the more they will suffer—when no actual money will be saved during this Parliament and not least when, realistically, the likelihood of women in this age group finding or keeping jobs is minimal?

If you add to all that the fact that, in our move towards a unisex retirement age—it is likely to be further increased as our longevity increases—we are asking women to increase their current earlier retirement age by a huge leap of six years compared to the one year expected of men, which was lower than that of men to compensate for the handicap of women in the workplace as a result of their family responsibilities, frankly, we should all be ashamed of doing anything less than what is proposed in these amendments.

[Lord Boswell of Aynho]

My Lords, perhaps I may respond briefly to this amendment, having spoken on these matters in Committee. It provides a convenient opportunity to differentiate comments that I might make on this amendment from those that I might make on a subsequent amendment in the name of the noble Baroness, Lady Greengross, on the impact on women. I have felt on reflection since I considered the exchanges in Committee that there is an increasing, and I think more intensely felt, acceptance on my part that we have to get on with this and therefore, in order to raise money, accelerate the equalisation of the state pension age. Because of the doctrines that we have on equal treatment, it is only at that point that we are able to effect an increase in the overall unisex state retirement age towards 66 and perhaps at a later stage further in the way that the noble Lord, Lord McKenzie, reasonably accepted.

We know that we have to get on with this and that we have to wrestle with longevity, which has already knocked sideways the assessments under the Pensions Act 2007. While I am aware that we are not discussing private pensions in this part of the Bill, I happened to see some figures the other day on the universities superannuation scheme that totally struck me. They suggested that since 1973 the average pension age has gone up by 13 years. We are not dealing with a static situation; we are dealing with a rapidly exploding situation in people’s state and, where they have them, private pension entitlements on account of longevity.

Therefore, again as the noble Lord very reasonably said, this raises some interesting and rather intense issues about intergenerational transfers. Either we can redistribute this—we might both perhaps wish to return to that in a later group—or we have to consider pushing some of the burden on to today’s working population and taxpayers. It is perfectly true that none of these amendments—even on the Government’s proposed timescale towards equalisation, which I accept is rather rapid—cuts into the present deficit reduction programme, the present Parliament or the immediate outcome of dealing with the crisis.

Nevertheless, we have this inexorable march forward. If we do not do something about it now, particularly if we are anxious to give the maximum possible notice, it will not be possible to tackle the pensions problem before it overwhelms us. The only people who could end up paying for this are our children and our grandchildren through their taxes because of the pay-as-you-go system. We have to grasp the nettle now.

I do know—I was rather appalled at the estimates of costs in Committee—that the noble Lord’s amendment would cost some £10 billion a year. It is a small proportion of the savings which the Government have set out in their indication of the savings. The noble Lord is shaking his head.

[Lord McKenzie of Luton]

I am sorry to interrupt the noble Lord, but it is not £10 billion a year; it is a net present value figure spread over five or six years.

[Lord Boswell of Aynho]

The noble Lord is entirely right to correct me. I had added the words “per annum”, which are not in the calculations. However, it is still a very substantial sum, and I do not think that Governments at the present juncture can forgo that. To put it another way, they would have to find an alternative means of financing even proposals that I put forward in Committee, which we may touch on later. Those were alleged to be likely to cost £7 billion, which, frankly, is rather more than I had anticipated or indeed would be sustainable. We are into a difficult calculation, but we cannot, in the circumstances of longevity, responsibly countenance the noble Lord’s amendment as it is at the moment. However, if for some reason the figures are not as pessimistic as we thought, I would very much like to hear my noble friend’s response when the time comes.

--- Later in debate ---

The challenge is to find a solution that balances the impact across all groups affected but at the same time achieves the financial savings that we achieve by bringing forward the increase in state pension age to 66 by April 2020. We need to ensure the sustainability of the state pension system, and we believe that our timetable strikes the best balance between the impact on individuals and fairness to the taxpayer. I therefore urge the noble Lord to withdraw his amendment.

[Lord McKenzie of Luton]

I thank all noble Lords who have spoken in this extremely well informed debate. I entirely accept that the Minister is not insensitive to the timetable and the issues that it has raised. I note that he, too, accepts that the notice period which has been given is less than ideal. He spoke about the simplified state pension, or single-tier pension, in response to a question from the noble Lord, Lord German. I am not sure whether the noble Lord gained much comfort from what was said. Clearly, it is a good idea, but the Chancellor himself, in introducing the Budget, said that this was a long-term project, so how it will help today's debate is less clear.

I accepted when I moved the amendment that there is a difference on costings: our proposition achieves only two-thirds of the savings of the Government's proposal. Several noble Lords, including the noble Lord, Lord German, made the point that it is a matter of where you draw the line. The savings we are talking about are not savings today, tomorrow, next year or the year after that; they begin to accrue in a brief period until there is an alignment of the two in about 2018-19. It is inevitable, when we are talking about millions of pensioners, that the numbers will be big. That does not make them any less important. Dealing with a number in isolation is not very helpful; we need to put it in context. We also need to look at the other side of the equation. The extra savings that the Government said are borne by someone: the pensioners who are the subject of the amendment.

Several noble Lords talked about costs. The noble Lord, Lord Stoddart, widened the terms of the debate a little. He will forgive me if I do not answer in detail each of his points, because I do not want to lose his vote. The noble Lord, Lord German, said that costing was about a judgment: where you should draw the line. The noble Lord, Lord Flight, also raised that point. Neither we nor the Government have yet factored in any changes to our long-term cost profile that would arise from likely changes to the state pension age to 67 and 68 and wherever that leads. The noble Lord mentioned the age of 70.

Several noble Lords talked about the speed of change, including the noble Baroness, Lady Hollins, and the right reverend Prelate the Bishop of Ripon and Leeds. I think that the right reverend Prelate termed it a matter of justice, and that is absolutely right. He obviously speaks with some scars, as he said, from dealing with the Church of England superannuation fund. The speed of change is important. He also made the important point that the Bill is dealing with state pensions, but the changes being imposed and the extent to which they have disconcerted people do not help with general confidence in the pensions environment, which we should all be working hard to improve.

My noble friend Lady Hollis correctly focused on the coalition agreement. She made the very telling point that issues around longevity and the data that are being used to justify what the Government are doing were known when that coalition agreement was written. They are not new data. She talked about the difficulty of women who have been away from the labour market getting back into it to mitigate the effects of these pension changes.

My noble friend Lady Bakewell made the same point in a different way. She said that people formulate attitudes to retirement that are sometimes difficult to change. She also made an interesting point when she called for nuance. When you think about it, the difference between the Government’s proposition and ours is two years in arriving at 66 as the state pension age. The extra problem the Government have by doing it those two years earlier is that they have to mess with the 1995 timetable to change the timetable for equalisation. That does not arise if you do not start that move until two years later. We are talking about two years. It is not a huge gulf, but I accept it has not insignificant ramifications for costs.

The noble Lord, Lord Boswell, talked about not insubstantial sums. As he said, the numbers are inevitably going to be big. When we are talking about millions of pensioners, that will inevitably follow.

I am grateful for the support of the noble Baroness, Lady Howe, on this amendment. She has been a doughty campaigner on pension issues. She was relaying some of the concerns that many people have had expressed to them, especially by those who are going to suffer an extra two-year wait.

The noble Lord, Lord German, focused on the interesting point that we are hearing those who are involved in advocacy. He spoke as though there was somehow a problem with that. Part of the problem with pensions generally is that they are complex. People shy away from them. That is why auto-enrolment and all those issues are rightly being addressed. We need people who understand these things and have that expertise to speak on behalf of, particularly, poorer people who are sometimes less able to deal with the complexities of these issues. The extent to which the noble Lord is relying on the single-tier pension to ameliorate his concerns about these proposals will be interesting, but I am not sure how effectively he will be able to do that.

I hope I have done justice to each noble Lord who has spoken. I do not think the debate has changed my view of where we should be heading. I am well aware that it has not changed the Minister’s. This is a very important issue. There is a lot at stake here. Hundreds of thousands of women are affected by this, and their position could be ameliorated. On that basis, I wish to test the opinion of the House.

--- Later in debate ---

[Lord German]

My Lords, I echo the noble Lord, Lord Boswell, and the noble Baroness, Lady Hollis, in saying that we look to the Minister to address the issue behind the amendment of the noble Baroness, Lady Greengross, which is that no woman’s pension age should be accelerated by more than 12 months. That is the issue that I raised in the earlier debate. It is a concern about equity. I hope that, in the architecture that the Minister may describe to us, he might find a way of answering that question. Whether it is this or some other architecture, as the noble Baroness, Lady Hollis, just said, is not the issue at stake here; it is about the intention. It is the intention to create that level of equity that is important.

Unfortunately, I have a question for the noble Baroness, Lady Greengross, when she comes to answer this debate. It is on a very technical point. This morning we took the liberty of plotting the dates in her amendment on a graph. Unfortunately, there were two kinks in the graph, which meant that it was not a straight line. I wonder whether, in the second line of the amendment, “August 2018” should not read “July 2018”; and, in the third line, whether “October 2018” should not read “September 2018”. That would produce a straight line. However, in the context of seeking agreement—and of the Government’s intention that no woman should wait more than 12 months, which I think was the intention behind the amendment—I hope that the Minister can give some support and succour to the amendment and the intention behind it.

[Lord McKenzie of Luton]

My Lords, I will be brief. Like others, I warmly congratulate the noble Baroness, Lady Greengross, on tabling this amendment, which addresses an issue of wide concern. It does not go as far as most of us would like; it raises the pension age to 66 one year earlier than we would want and one year later than the Government would want. However, apart from a couple of minor kinks, it smoothes the position so that nobody has to wait for more than 12 months. It is a considerable achievement to craft an amendment of that nature. We should be very grateful to the noble Baroness.

The issues are very much as they were previously. However, I would challenge the Minister. If the response was, “We like the look of this; we’ll try to bring something back, but we’ll do it in the other place”, then it would not be a particularly satisfactory one. The reality is that we stand a better chance of getting amendments through at this end than at the other end. What further information might the noble Lord and his team need to be able to produce an amendment now or at Third Reading? The noble Baroness seems to have given us a very good platform for moving forward.

I was not sure about the costing; the noble Lord, Lord Stoneham, said that it was £7 billion. I would guess, from the Government’s point of view, that that is certainly an improvement from where we were on it. If the noble Baroness was minded to press the amendment, we would certainly go into the Lobby to support it.