Restricting Pensions Tax Relief
Mark Hoban Excerpts(14 years, 1 month ago)
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The Financial Secretary to the Treasury (Mr Mark Hoban)
The Government provide generous tax relief to save for a pension, to encourage individuals to take responsibility for retirement planning and to recognise that pensions are less flexible than other forms of saving. The cost of tax relief net of income tax paid on pensions paid doubled under the last Government to around £19 billion per annum by 2008-09.
To ensure that pensions tax relief remains fair and affordable, the Government confirmed in the June Budget that they would proceed with the previous Government’s goal to reduce the cost of pensions tax relief by about £4 billion per annum. It was clear, however, that the previous Government’s approach to achieving this introduced significant complexity into the tax system, undermined pension saving and damaged UK businesses and competitiveness.
We announced in the June Budget that we would seek an alternative approach that limited the amount of tax relief that those who make the highest pension contribution receive, while ensuring generous incentives and flexibility for the vast majority of pension savers. We believed that such a system would be fairer, preserve incentives to save and would lessen the impact on the ability of UK businesses to attract and retain talent. This view has been confirmed by the response to the informal consultation we held over the summer.
So today, the Government are announcing that, from April 2011, the annual allowance (AA) for tax-privileged pension saving will be reduced from £255,000 to £50,000 and that from April 2012 the lifetime allowance (LTA) will be reduced from £1.8 million to £1.5 million. These changes will generate around £4 billion annual revenue in the steady state, protecting public finances.
Because we want a system that balances the needs of those in defined benefit (DB) and defined contribution (DC) schemes, the reduced AA applies to both types of schemes. Further, the deemed contributions to DB schemes will be calculated via a simple “flat factor” method. Reflecting the Government Actuary’s advice, the level of the factor will be set at 16. Again, this achieves a fair balance between DB and DC schemes. The Government Actuary’s report is publicly available on the HM Treasury website from today.
More detail on the policy specification and impacts can be found in a summary of responses to the July discussion document, and draft clauses for the AA regime (including transitional arrangements), also available on the website from today.
The Government anticipate that most individuals and employers will look to adapt their pension saving behaviour and remuneration terms to ensure that their pension contributions remain below the AA. However, we recognise that for traditional DB schemes this will be more difficult because changes in circumstances can lead to one-off spikes in pension accruals. We have sought to mitigate the impact of this through a more generous AA than we originally proposed. Further, where the pension tax charge exceeds the AA, we have proposed that unused allowance from up to the three previous years will be carried forward to offset against the excess contribution. In the interests of fairness, this will be available for DB and DC schemes. This will provide protection for the vast majority of people on moderate incomes. In the exceptional cases where this mitigation is not sufficient, we will introduce further measures to ensure that individuals will not have to pay large charges from their current income. We will consult on options to give individuals and schemes more flexibility over the payment of these charges in November 2010.
ECOFIN (30 September - 1 October 2010)
Mark Hoban Excerpts(14 years, 1 month ago)
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The Financial Secretary to the Treasury (Mr Mark Hoban)
The informal Economic and Financial Affairs Council (ECOFIN) was held in Brussels on 30 September to 1 October 2010. Many of the items discussed at this meeting followed on from issues covered at the 7 September ECOFIN, details of which are below.
The Informal ECOFIN began with a Ministers’ lunch discussion focusing on IMF reform. Ministers then held an initial discussion following a Commission presentation on its economic governance proposals. The informal Council also discussed the Europe 2020 strategy for jobs and growth, focusing on means of making progress on structural reforms.
During the afternoon session, Ministers were joined by Central Bank Governors. Discussions centred on the economic outlook, IMF reform and G20, and the outlook and risks for the financial markets. The importance of fiscal consolidation was reaffirmed.
On the second day, discussions focused on credit rating agencies; financial reform in the EU and US; and a framework for responsible and growth-enhancing behaviour of the financial sector, looking at Basel III and financial levies and taxes.
ECOFIN: 7 September 2010
The Economic and Financial Affairs Council was held in Brussels on 7 September 2010. The Chancellor of the Exchequer represented the UK. The following items were discussed:
Financial supervision
Following trilogues, Ministers agreed the financial supervision package. The new proposals will see:
a European Banking Authority established in London;
nine day-to-day supervision of financial institutions remaining at the national level, except for credit rating agencies which, as agreed in December 2009, will be supervised by the new markets authority;
a guarantee that decisions by the new authorities in crisis times and when settling disputes between supervisors cannot impinge on the budgetary responsibilities of national Governments;
a European systemic risk board established to monitor and advise on systemic risk.
The Government are content with the final agreement, which fully reflects the priorities secured by the UK in July.
European semester
Ministers endorsed the EU semester. The Government are content with the agreement, which recognises that the UK’s budget will be sent to the EU after it has been presented to Parliament.
Bank levy
The Council exchanged views on bank levies. The Government are a strong advocate of the use of levies as a complement to wider reforms aimed at reducing the probability and impact of banking failures. However, national Governments should decide how proceeds from any bank levy are deployed.
Tax on financial transactions
Ministers held an exchange of views on the possible use of financial transaction taxes. The Government believe that if these are to be properly considered, further discussion would be needed around whether the financial transaction taxes model offers a stable and efficient mechanism. The Council agreed to further discuss the financial transaction tax and bank levies at the informal ECOFIN, before returning as a formal agenda item in October.
Oral Answers to Questions
Mark Hoban Excerpts(14 years, 1 month ago)
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Jacob Rees-Mogg (North East Somerset) (Con)
5. Whether he has assessed the merits of returning responsibility for debt management to the Bank of England.
The Financial Secretary to the Treasury (Mr Mark Hoban)
The current institutional framework separates operational responsibility for debt and monetary policy by the establishment of a debt management agency. This properly reflects the importance that we attach to having a clear institutional divide between responsibility for setting interest rates and for issuing Government debt. The Government have no plans to return responsibility for debt management to the Bank of England.
Jacob Rees-Mogg
With the return of banking supervision to the Bank of England, I wonder whether it is worth considering giving the Bank of England its debt management responsibilities back. An active participant in markets may well prove to be a better regulator than one that approaches regulation from a more intellectual sense.
Mr Hoban
The Bank of England engages in market activities on a day-to-day basis, but before 1997 the same institutional separation existed, with the Chancellor setting interest rates and the Bank responsible for debt management. The separation of responsibilities improves transparency and confidence in debt management and helps to keep the cost of Government debt as low as possible. My hon. Friend will appreciate how important that is, given the size of the deficit that we inherited from Labour.
Chris Leslie (Nottingham East) (Lab/Co-op)
But is it not clear that, as my hon. Friend the Member for Edmonton (Mr Love) was saying, the raising of the spectre of a return to quantitative easing signalled by the Chancellor last week to the Bank of England is a clear sign that the anti-growth strategy pursued by the Government risks a major slow-down in our economy? Will the Minister take responsibility and stop playing ideological games with fiscal policy in the hope that monetary policy will miraculously pick up all the pieces?
Mr Hoban
I welcome the hon. Gentleman to his new position. He has been out of Parliament for the past five years and he should perhaps take this opportunity to reflect on the record of his predecessors and the deficit that they racked up in Government. Is he departing from the practice that the previous Chancellor of the Exchequer followed when it came to quantitative easing?
Sir Peter Tapsell (Louth and Horncastle) (Con)
I am a strong supporter of quantitative easing as a form of management of the economy, but are Treasury Ministers aware that some hedge funds are making large profits by arbitraging between short and long interest rates when central banks give advance notice of their intention to intervene in foreign markets?
Rachel Reeves (Leeds West) (Lab)
Does the Minister welcome the fact that the efforts of the Debt Management Office mean that the average duration of debt in the UK is around 13 years, several years longer than any other country in Europe? It is one of the many reasons why the UK is not in the position of Ireland or Greece.
Mr Hoban
The hon. Lady, who follows these matters quite carefully, will reflect that before the election long-term yields on Government debt in the UK were moved in line with those in countries such as Portugal, Greece and Spain. After the election, the margin between UK gilts and the German Bund has narrowed rather than widened, as has been the case with other European bond rates.
Henry Smith (Crawley) (Con)
7. What steps he is taking to ensure the independence of the Office for Budget Responsibility.
Robert Halfon (Harlow) (Con)
May I bring to the Minister’s attention the case of my constituent, Mr Peter Gorse? Mr Gorse ran a healthy small business until the Royal Bank of Scotland forced him into bankruptcy so that it could repossess his assets. Will the Minister agree to meet me and my constituent so that his case can be heard fairly by that taxpayer-owned bank and to ensure that cases such as his are fairly considered as we reform the banking system?
The Financial Secretary to the Treasury (Mr Mark Hoban)
The responsibility for operational matters at RBS rests with its board. The Treasury’s engagement with RBS is through United Kingdom Financial Investments Ltd, which acts as a shareholder. My hon. Friend will be aware that in July we published a Green Paper setting out some approaches to improving the access that small and other businesses have to finance, and we will make further announcements on that shortly.
Albert Owen (Ynys Môn) (Lab)
What representations have Treasury Ministers had from advice organisations such as citizens advice bureaux which fear that their budgets from local government will be cut at a time when they will be advising the most vulnerable people on their finances and welfare benefits? Will the Treasury team join me in paying tribute to the citizens advice bureaux for the work that they do, and commit to giving them extra funding for that purpose?
Investment Firms
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The Financial Secretary to the Treasury (Mr Mark Hoban)
Today the Government are publishing a consultation document on a special administration regime for investment firms. Copies of the document entitled, “Special Administration Regime for Investment Firms” have been deposited in the Libraries of both Houses and will be available on the HM Treasury website at:
http://www.hm-treasury.gov.uk/consult_investment_banks2.htm.
Savings Accounts and Health in Pregnancy Grant Bill
Mark Hoban Excerpts(14 years, 2 months ago)
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The Financial Secretary to the Treasury (Mr Mark Hoban)
The Savings Accounts and Health in Pregnancy Grant Bill has today been introduced into the House of Commons.
This Bill would end eligibility for child trust funds and abolish the health in pregnancy grant from January 2011, and repeal the Saving Gateway Accounts Act 2009.
The Government announced on 24 May that they would reduce and then stop Government payments to child trust funds. The Child Trust Funds (Amendment No. 3) Regulations, made on 22 July, have already reduced Government payments. The Government also announced at the Budget on 22 June that the health in pregnancy grant would be abolished, and that the introduction of the saving gateway would be cancelled.
All of these measures will contribute to the reduction of the UK’s budget deficit. The changes being made to child trust funds, including through this Bill; the abolition of the health in pregnancy grant; and the cancellation of the saving gateway’s introduction are expected to save £370 million in 2010-11, and around £800 million in future years.
The Government have also published today an initial assessment of the equality impacts of the measures included in the Bill, and an initial estimate of the impacts of the changes being made to child trust funds upon account providers. Copies of these documents have been deposited in the Libraries of both Houses and are available from the Vote Office.
Equitable Life (Payments) Bill
Mark Hoban Excerpts(14 years, 2 months ago)
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The Financial Secretary to the Treasury (Mr Mark Hoban)
I beg to move, That the Bill be now read a Second time.
The Government want to see justice for Equitable Life’s policyholders and that is clearly reflected in the actions that we have taken since coming to office. In our programme for government, we pledged to implement the Parliamentary and Health Service Ombudsman’s recommendation to make fair and transparent payments to Equitable Life policyholders. As a constituency MP and as the Financial Secretary to the Treasury, I receive plenty of correspondence on this matter, I have answered a series of parliamentary questions about it and I have had a number of oral representations from colleagues on it, all of which have stressed the need for a fair resolution. I understand the strength of feeling and, given my role in the past five years in opposition and now in government, I hope that hon. Members will recognise my commitment to policyholders.
We need a swift resolution, but, vitally, one that is transparent and fair. I am pleased to report to the House that more progress has been made to address the plight of Equitable Life policyholders during the first few months of the coalition Government than was achieved over the past decade. We have published Sir John Chadwick’s independent report setting out his approach to calculating payments. I commissioned the first bottom-up estimates of losses suffered by policyholders, calculated at each individual stage of Sir John’s methodology, and published those estimates in July.
Dr Julian Lewis (New Forest East) (Con)
As one of the many people who signed the Equitable Life representatives’ pledge before the election, I am very concerned that there should be a fair settlement. Will the Minister comment on the statement by the parliamentary ombudsman in her letter to all MPs of 26 July that
“the Chadwick proposals seem to me to be an unsafe and unsound basis on which to proceed”?
Mr Hoban
My hon. Friend was one of a number of colleagues on both sides of the House, including me, who signed the pledge. I am determined to make sure that we honour the pledge and that justice is delivered to Equitable Life policyholders. I met the ombudsman yesterday to discuss her letter and her comments on Sir John’s report. That is one of a number of representations that I have received about the report. I shall talk about the others in more detail later, but let me say that the starting point of Sir John’s work is a basis for calculating external relative loss. That is the first such basis that has been proposed to us and we need to look at how it could work as a basis for calculating the losses. I am determined to make sure that in deciding the loss figure we should take into account all the representations that have been received, including those of the parliamentary ombudsman.
Dr Lewis
My hon. Friend is extremely generous in giving way a second time. Does he accept that whatever calculations are done, any outcome that results in only a small fraction of the relative loss being made good to the policyholders would be deemed unacceptable by the policyholders, and dishonourable behaviour by those of us who signed that pledge in good faith?
Mr Speaker
Order. Let the Minister develop the point. He will give way when he is ready. There is much competition on that front.
Mr Hoban
Before Opposition Members get to their feet, they should think about what happened over the past decade. The bill for the taxpayer would have been much less if rather than waiting till now, the matter had been resolved under the last Government. They had 10 years to resolve it. Nothing happened until the present Government took power.
Mr John Redwood (Wokingham) (Con)
I welcome the swift move to put right the injustice about which the Opposition did nothing for more than a decade. To reassure colleagues, will my hon. Friend confirm that there will be a discussion between the Chief Secretary representing the taxpayers, and himself or some other Minister representing the Equitable Life policyholders? There needs to be a balance and we look forward to a sensible balance being struck.
Mr Hoban
My right hon. Friend makes an important point. There are two decisions to be taken. One is on the loss figure and the other is on the amount of compensation that the taxpayer can afford to pay. It is right that those decisions are made in the context of the spending review. That decision will be announced on 20 October.
Mr Dave Watts (St Helens North) (Lab)
Is not the point made by his right hon. and hon. Friends this: when on the Government Benches we accepted the recommendations in principle—[Laughter.] Both the Liberals and the Tories in opposition gave policyholders the impression that they would be far more generous. Are they not now going back on their word which they gave before the general election?
Mr Hoban
I should not have given way to the hon. Gentleman. He has identified the problem. The previous Government could have dealt with the matter, but it is left to the present Government. We have to sort out not just this mess, but the mess that Labour left behind in the state of the public finances. That is the problem that we have to face in dealing with the Equitable Life issue.
Margot James (Stourbridge) (Con)
Might the state of the public finances guide the Chancellor in his autumn statement on the public spending review to advance a compensation pot that would be in line with the rest of the Government’s overview of public spending reductions, that being of the order of 25% for the majority of Departments, and nothing to do with the 90% reduction advanced by the Chadwick report?
Mr Hoban
My hon. Friend will recognise that the spending review is not simply a linear process. Some projects will be scrapped completely; some will suffer a small cut. We need to look at each case on its merits, rather than assume that an across-the-board measure will apply to all spending bids in the spending review.
Tim Farron (Westmorland and Lonsdale) (LD)
Without speculating what proportion of the £5 billion estimated losses will be compensated, does the Minister agree that, whatever payment is announced today, the Government will recognise that it is merely a first down-payment on returning the losses to policyholders, with a view to further payments being made in future years?
Mr Hoban
A number of hon. Friends have made that point, and a number of representations made to me put an alternative point of view—that what policyholders would like is rapid resolution and a swift payment scheme to bring closure to the matter. The spending review is to cover the lifetime of this Parliament, and the figure that is settled upon should reflect the coalition’s commitment to resolving the issue once and for all.
Philip Davies (Shipley) (Con)
Nobody is keener than me for the Government to save money and get the finances back on track, and I am happy to meet my hon. Friend to give him some of my ideas about how we can do that. However, I hope that the Government, having made commitments to people while in opposition, will not use the argument that there is no money in order not to pay a fair settlement. After all, we all knew that there was no money when we were in opposition.
Mr Hoban
That is why, when the ombudsman published her report, we highlighted her recommendation that we need to consider the impact on the public purse of any compensation scheme. We made that point when she published her report, and it was in the Opposition day motions on which we voted prior to the election. It has been a consistent strand in our policy to recognise the impact on the public purse of this compensation pot.
Mr David Davis (Haltemprice and Howden) (Con)
I take the noise from Opposition Members with a great pinch of salt, given the way in which they behaved.
My hon. Friend rightly cited the ombudsman, and in the central recommendation of her report she set the following criterion:
“The aim of such a scheme should be to put those people who have suffered a relative loss back into the position that they would have been in had the maladministration not occurred.”
Does my hon. Friend believe that he can get there—or close?
Mr Hoban
That is not a matter for me to decide; it is part of the spending review. However, I remind my right hon. Friend what the ombudsman also said. In paragraph 9.38 of her report’s summary, she said:
“I am acutely conscious of the potential scale of what I have recommended and that acceptance of my central recommendation might entail opportunity costs elsewhere through the diversion of resources.”
She recognised the potential impact on public spending of her recommendations, and that public interest is a relevant consideration, stating that:
“it is appropriate to consider the potential impact on the public purse of any payment of compensation in this case.”
I therefore point out to my right hon. and hon. Friends, who rightly put great store by the ombudsman’s work, that her recommendations are strongly qualified by the question of affordability, and we need to bear that in mind. Of course, it would have been far easier if the matter had been resolved when she published her report in July 2008, rather than having to wait until now.
Mr Brian H. Donohoe (Central Ayrshire) (Lab)
I thank the Minister for, at last, giving way. I have been a Member for some time and longer than he has, so I can tell him that this was an issue before 1997. The Conservatives, at that time in government, refused to pay any compensation to the Equitable Life pensioners. Under the terms that they now suggest, they will cut about £5 billion of the compensation that the ombudsman recommended for payment, but I heard the Minister in Westminster Hall say on many occasions that they, in government, would pay the pensioners in full. Why have they changed?
Mr Hoban
The hon. Gentleman should really direct his anger at his own Front Benchers, who for years blocked the investigation of Equitable Life by the ombudsman, who tried to delay her report and who took six months to respond to her findings. The real culprits are on the Opposition Front Bench, not on the Government Benches.
Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
The Minister, in his opening remarks, spoke of justice. Where does justice lie—at 10% of losses, 100% of losses or some random figure in between?
Mr Bernard Jenkin (Harwich and North Essex) (Con)
My hon. Friend will know that the Public Administration Committee, which I now chair, issued in the previous Parliament two reports on the subject, and unless we make progress discussing the Bill itself, it seems that much of this debate will turn on what exactly the ombudsman meant in her report. May I advise my hon. Friend and, indeed, the House that my Committee intends to hold a further inquiry as soon as the House returns in October in order to elucidate the exact differences between the ombudsman’s recommendations, Sir John Chadwick’s report and what the Government’s view may be at that time? We will issue a report on what we believe the ombudsman actually intended, and I hope that the Government will honour that interpretation.
Mr Hoban
I would be delighted to appear in front of the Committee to give the Government’s view. It is important that there should be scrutiny through the Public Administration Committee. My hon. Friend was right to highlight the work done by the previous Committee; I particularly commend the former Chair, Dr Tony Wright, who did a great deal, with other Committee members, to keep the issue in the public debate. They published two reports that were very critical of the previous Government. I am happy to take part in that process.
Esther McVey (Wirral West) (Con)
The fact that this matter has not been resolved for so long is an absolute disgrace, and I congratulate the coalition on the fact that it will deal with it so swiftly. It is vital that the compensation given should be suitable and satisfactory to all the victims of Equitable Life. Going forward and looking at the bigger picture, we need to consider pensions as a whole. What does this issue say about how far the general public can have faith in any pension scheme?
Mr Hoban
Indeed; my hon. Friend makes an important point. I would like to say two things in response to her. First, any compensation has to be fair to both the policyholders and the taxpayers who will foot the bill. No one else will foot the bill—no one involved, such as the previous management of Equitable Life, will pick up the tab. The taxpayer will foot the bill. We need to make sure that compensation is fair for the taxpayer and policyholders.
Secondly, my hon. Friend is right to highlight the issue of how we ensure that there is confidence for investors and savers in insurance and long-term saving in the future. That is one of the reasons why my right hon. Friend the Chancellor announced in June that we are going to reform financial regulation and set up a new consumer protection markets authority. That will strengthen the regulatory regime in this country.
We also need to make sure that we help improve financial capability for savers, so that they can understand some of the issues around the products that they take out. That is why we have proposed an annual financial health check, which will help savers understand some of those issues.
Nadhim Zahawi (Stratford-on-Avon) (Con)
As we have heard, many of us have signed the Equitable Members Action Group pledge. There is a wide gap between what Sir John Chadwick and the ombudsman are saying. Does the Minister agree that it is our duty to bridge that gap in a satisfactory way? Otherwise, all the good will that he has achieved in the past few weeks will be spent and the victims of Equitable Life will end up feeling hard done by.
Andrea Leadsom (South Northamptonshire) (Con)
I, too, congratulate the Government on getting to this issue so quickly, in line with the promise that we made before the general election. Will the Minister comment on the case of two of my constituents who between them had an annuity of about £11,000 a year? It is now worth roughly £4,000 a year and will continue to reduce; that is a loss of more than 55%. I should be grateful for the Minister’s comments on what I am to say to them.
Mr Hoban
I am not familiar with the policies held by every single Equitable Life policyholder. There are 1 million policyholders with 1.5 million policies, and 30 million policy transactions went through during the period concerned. That is why it is important that Towers Watson, which has provided actuarial advice to the Treasury, should look at the calculation of losses.
I suspect that my hon. Friend’s constituents may be part of one group for whom there is a great deal of sympathy. They are the so-called “trapped annuitants”—people who bought with-profits annuities policies. I have raised that topic with Towers Watson, to try to understand the losses that people in that category of policyholder have suffered, so we can understand the right approach in terms of compensation. Many people from that group believe that they have suffered quite significant losses, and we need to ensure whether that is the case. At the moment, I am trying to do some more work to establish that.
Mark Lazarowicz (Edinburgh North and Leith) (Lab/Co-op)
The hon. Gentleman knows that I have spoken up for Equitable Life members represented on both sides of the Chamber. One of the issues that concerns everyone is speed—when people are going to get some money paid out. I do not expect him to give a specific day, week or month, but can he give some indication of when policyholders might expect to see payments beginning? I suggested in an intervention a few weeks ago that it might be well into 2011; what does he think would be a reasonable time scale?
Albert Owen
The hon. Gentleman may recall that when he made his statement to the House I asked him about an appeals procedure. Once a payment is recommended and the person does not agree with it, what kind of mechanism will be in place for appeals? Will it be independent? Will the Bill give a time scale indicating the length of time for the appeals procedure so that people can be clear about that?
Mr Hoban
The appeals mechanism is not in the Bill. However, I took on board the point that hon. Gentleman made during the statement about the need for an appeals mechanism, and I have raised that with my officials. I agree, too, that it is important that any appeal is dealt with quickly, but of course that requires co-operation both on the part of the person making the appeal and the body adjudicating on the appeal. Part of the problem that we all face is that we are talking about premiums that were paid back in the early ’90s, so clearly for some of those making appeals there may be an issue about the availability of paperwork and documentation. I am very mindful of that point, and we will pursue it.
Mr Hoban
I would like to make a little progress. I have been very generous in taking interventions from Members on both sides of the House, and I will take a few more in due course.
We will announce in next month’s spending review how much we can afford to pay to policyholders. We have established an independent commission to assess how best to allocate compensation to policyholders, and we have announced our goal of making the first payments towards the middle of next year. Today’s Bill is another step on the long road to a fair resolution of this situation.
The independent commission has already started its work, and the chairman, Brian Pomeroy, recently invited all interested parties to submit their views. That invitation extends to Members in all parts of the House; I know that many people have strong opinions on how compensation should be paid to policyholders once the final amount has been determined. I am keen that the commission should work as quickly as possible and that its establishment should not unduly delay payments beginning to be made to policyholders. However, the independence of the design of the payments scheme is a key matter of concern to policyholders, especially to the Equitable Members Action Group, so it is important to guarantee transparency and openness. It is therefore right to give the commission the remit to do this work.
I am also mindful of the fact that we need a tight timetable—one that gives enough time to consider all the issues properly but recognises that many policyholders are elderly and should not be required to wait a minute longer than is necessary for justice. Today, we have taken the opportunity to take another important step forwards to achieving resolution. The Bill authorises the Treasury to incur expenditure and make payments to those adversely affected by the then Government’s maladministration of the regulation of the Equitable Life Assurance Society. This is why, regardless of how a future scheme will look, passing the Bill today is vital to enable payments to be made. I should make it clear that the Bill does not set the maximum amount that can be paid or dictate the design of the scheme, but simply gives the power to the Treasury to make those payments.
Mr Hoban
If I may continue a little more about the Bill, I will take more interventions shortly.
The Bill allows for payments made to policyholders to be disregarded for certain purposes, including making them tax-free in the hands of the recipients. The Government will also be able to consider what effect the payments might have on individuals’ eligibility for certain types of means-tested state funding support, particularly tax credits, and how that might be mitigated. A final decision has yet to be made on whether those powers will be used, but it is sensible to include them in the Bill so that any arguments can be taken into consideration. It is essential that we take every action to avoid the scheme becoming unnecessarily complex.
Sir Robert Smith (West Aberdeenshire and Kincardine) (LD)
I welcome the fact that the Bill places no restraint on the level of compensation. I wish to reinforce the point that, to restore confidence in the market, there has to be a fair resolution. Is the Financial Secretary still open to submissions on the level of compensation in the run-up to the comprehensive spending review, and is it still possible for people to make points that will influence that level?
Mr Gareth Thomas (Harrow West) (Lab/Co-op)
As the Financial Secretary has just said, and as the explanatory memorandum makes clear, under the Bill eligibility for some state-funded, means-tested support may be affected by compensation payments. Will he confirm whether any Equitable Life policyholder who receives a compensation payment and who is currently on housing benefit, disability living allowance or income support might be affected in that way?
Mr Hoban
The Bill provides for matters within the remit of the Treasury. My understanding is that the Department for Work and Pensions has the power to take into account the impact of compensation on other means-tested benefits, and we will discuss with it how the matter can best be dealt with.
Nicola Blackwood (Oxford West and Abingdon) (Con)
I welcome the swift action that the Financial Secretary has taken, which puts the actions of the previous Government to shame. I particularly welcome the inclusion in the commission’s terms of reference of the estates of deceased policyholders, as that goes some small way to making up for the suffering of the more than 30,000 Equitable victims who died waiting for a Government who will bring them justice. Will there be an opportunity to debate in the House the decision on quantum that he will reach in the CSR?
Mr Hoban
I will have discussions about parliamentary scrutiny with the Leader of the House. Indeed, the Deputy Leader of the House is in his place on the Treasury Bench and will have heard my hon. Friend. A range of decisions will be made as part of the CSR, and Equitable will need to be taken into account along with other matters. The inquiry of the Public Administration Committee, chaired by my hon. Friend the Member for Harwich and North Essex (Mr Jenkin), will also provide an opportunity for parliamentary scrutiny.
Dan Byles (North Warwickshire) (Con)
I am grateful to the Financial Secretary for his generosity in giving way on this important topic. When it comes to identifying the affordability of any compensation scheme, does my hon. Friend agree that it is important to recognise the potential long-term cost to the taxpayer of a collapse in confidence in private pension provision and in people’s ability to save for their future?
Mr Hoban
That is an important point, but we also need to consider other factors such as the general state of the public finances and the other demands on public money in the spending review. We must also recognise that the Government have decided to introduce radical reform of financial regulation and to improve the regulation of retail financial services through the establishment of the consumer protection and markets authority. We can take a range of measures to help restore long-term confidence in savings, and people will have confidence in saving for the future if they recognise that the economy is on a stable footing, that we have got public spending under control and that we are tackling the deficit and keeping interest rates reasonable for as long as possible.
Charlie Elphicke (Dover) (Con)
I understand my hon. Friend’s desire to get full and final closure, but the consensus at a packed public meeting of my constituents in Dover and Deal was that it would be better to have staged payments over a number of years if affordability was a problem right now. Will he consider that very seriously?
Mr Hoban
I discussed that idea, but I received a strong representation from Equitable Life advising against it, because of the complexity that might be attached to staged payments. Some have suggested that we make payments into people’s pension funds, but some of the key criteria for judging the payments scheme will be simplicity, speed and transparency. People will be concerned that a series of small payments over a long period will not necessarily meet the simplicity, speed and transparency criteria against which a payments scheme ought to be judged.
Toby Perkins (Chesterfield) (Lab)
Will the Minister acknowledge that the broad range of issues that he now says he will take into consideration were entirely absent from his discussions in the run-up to the election or in the coalition agreement, which states that the coalition Government will implement the Parliamentary and Health Service Ombudsman’s recommendation? People in the Equitable Members Action Group will be extremely disappointed with the Minister’s tone when they compare it with the tone he took in the run-up to the election.
Mr Hoban
It is a bit rich for Labour Back Benchers to complain, when the Labour Government had a chance to resolve the matter but failed to do so. The hon. Gentleman should explain to Equitable Life policyholders in his constituency why his colleagues failed to take the action necessary to resolve the problem when they were in government.
Sajid Javid (Bromsgrove) (Con)
I am sure that my hon. Friend is as shocked as I am that, in five months, this Government have achieved more than the previous one did in 10 years? I welcome the Treasury’s swift action. The matter is extremely complex, as he said, not least because a number of financial regulators were involved during Equitable Life’s problems and because of the problems associated with the life insurance industry in general. Will he assure the House that, unlike the previous Government, we will not hide behind that complexity in trying to bring justice to Equitable Life policyholders?
Mr Hoban
That is why we are keen to ensure that we have a scheme that is simple, swift and transparent. That is important and it is the basis of the pledge that we signed. I was unsurprised that the Government made so much progress in the first five months because I have been following this issue for some time. What surprised me was how little progress our predecessors made.
Mr Hoban
I want to make progress because I am conscious that there is an eight-minute limit on Back Benchers’ speeches, and clearly many Members on both sides of the House are interested in the debate.
Once we receive the independent commission’s report, I plan to publish a document, early next year, showing clearly how the scheme will function. The ombudsman envisaged that any system of payments would need to be independent, simple and transparent. I agree with that thinking and I have tried to ensure that our approach meets those criteria. On independence, the Government have established the Independent Commission on Equitable Life Payments to advise on the design of the scheme; to ensure simplicity, we will ensure that the future system of payments is as straightforward as possible to avoid any undue burdens being placed on policyholders; and, on transparency, we have published Sir John Chadwick’s report, the actuarial advice from Towers Watson and representations made to Sir John. Interested parties therefore have access to information when making their representations.
In the spirit of transparency, I shall update the House on wider matters relating to Equitable Life and payments to its policyholders. It is worth reminding hon. Members that one outcome of Sir John’s work is that it enabled us to produce the first bottom-up assessment of relative loss, which we did by comparing the performance of Equitable’s policies against those of comparator companies. There are some reservations on the detail, but there appears to be some broad agreement on the general approach of comparing Equitable Life’s performance with that of a basket of comparator companies. I recognise that a number of Sir John’s recommendations were contentious, including his view that the majority of policyholders had to make the same investment decisions irrespective of maladministration, but I stress that Sir John’s review is just one of the tools at our disposal in looking to fix an incredibly complex problem.
Mr Edward Timpson (Crewe and Nantwich) (Con)
My hon. Friend mentioned the work of the actuary and the advice given to Sir John Chadwick to formulate his report, but, given the transparency that my hon. Friend is trying to bring to this matter, has he considered publishing the actuary’s calculations?
Mr Hoban
My hon. Friend makes an important point about transparency. The actuarial advice gives a clear demonstration of the methodology used by the actuaries, but 30 million premium transactions had to be compared with a basket of comparable companies from 1992 to the end of 2009. The publication of the model at that level of detail would not aid transparency. It would be more likely to confuse, given the complexity of the calculations. However, we have ensured that EMAG and ELTA—Equitable Life Trapped Annuitants—have had an opportunity to meet Towers Watson, the actuaries, to go through the calculations. Towers Watson has provided examples of its calculations so that the mechanics can be understood.
Stephen Timms (East Ham) (Lab)
The ombudsman states in her letter to every hon. Member that because the Government have fully accepted her recommendations Sir John Chadwick’s approach is no longer relevant. Why does the Financial Secretary disagree with her on that point?
Mr Hoban
It goes back to what the previous Government were prepared to accept. Sir John’s report is based on the terms of reference that the right hon. Gentleman’s colleagues gave him, which dealt with the accepted findings. Of course, the previous Government did not accept all the ombudsman’s findings, but that decision was overturned in the courts. It is important to recognise that the first stage—the calculation of external relative loss—is not dependent on the accepted findings because it covers the findings of Equitable Life as a whole across the period. The issue of the accepted findings becomes especially important when Sir John assesses what would have happened if Equitable Life had been regulated properly. The reconstruction of Equitable Life’s financial accounts was based on the accepted findings of the previous Government. The problem is that as we get further and further away from the calculation of external relative loss, what the previous Government accepted and did not accept becomes much more relevant to the calculation of compensation. That is one of the factors that we need to take into account when we assess the final level of loss.
Ms Gisela Stuart
The Financial Secretary has just mentioned 1992, so it is clear that this issue goes back not just to the Labour Government but to the previous Tory Government. All Equitable pensioners want a resolution as quickly as possible and they will be disappointed by this slanging match. I have a simple question: what did the parliamentary ombudsman say to him yesterday when they met? Was she satisfied with his proposals, and what did he say to her?
Mr Hoban
The ombudsman’s letter is clear. She said that she welcomed much of the Government’s approach, including the appointment of an independent commission, the publication of a clear timetable for the beginning of payments to those affected and our commitment to consider representations on the best way forward. I do not feel that I can give the House the outcome of a private meeting, but the ombudsman reiterated her findings, which were set out in the report that she published in July 2008 and which the previous Government sat on for six months before responding. She will also have the opportunity to make her views known when the Public Administration Committee works on this. I just want to do all that I can to ensure that the recommendations published by the ombudsman in July 2008 are honoured, and that is the task that we have to achieve.
Mr Andrew Tyrie (Chichester) (Con)
Does my hon. Friend accept that the six-month delay to which he alludes is just the tip of the iceberg? We faced years of delaying tactics, not least a calculated attempt to try to prevent the parliamentary ombudsman from even producing a report.
Mr Hoban
Indeed, and it was the work of my hon. Friend, who was characteristically modest in his intervention, that found a way in which the ombudsman could publish her second report into Equitable Life. Had he not found the way through, we would not be in this position today, so the House and policyholders owe him a debt of gratitude for getting us to this position.
My hon. Friend is absolutely right that the previous Government did everything they could to avoid a second ombudsman’s inquiry into Equitable Life. The Penrose report, published in 2004, demonstrated that there had been regulatory failure at Equitable Life over a decade covering both Governments—I have no problem accepting that. However, the previous Government could have acted in 2004, but instead they dug their heels in—and here we are in 2010 with policyholders still waiting for justice.
Mel Stride (Central Devon) (Con)
My hon. Friend was talking about the delays in the response to the ombudsman’s report in April 2008. Does he not also recognise, as we all do, I think, on the Government Benches, that the response of the then Chief Secretary to the Treasury was to start talking about those disproportionately affected by the saga but still without setting any time scale for compensation?
Mr Hoban
Indeed, and we have tried to bring to this matter a time scale and a sense of purpose and pace in resolving it. Of course, had it been resolved earlier, the compensation bill would have been cheaper and the pain suffered by Equitable Life policyholders far less. The previous Government dragged their feet, and we have to pay the price.
Geoffrey Clifton-Brown (The Cotswolds) (Con)
May I congratulate my hon. Friend on the progress he has made, given the complexities he alluded to of the time scale and the size of the calculations he has to make? He has already said that the commission will start work and first payments should be made to valid claimants next June. However, can he give any idea of the timetable by which all valid claimants, unless there is an appeal or other court procedure, might expect to receive a payment?
Mr Hoban
I cannot give that commitment yet, and we will not be able to do so until we see the scheme proposed by the independent commission. However, I am clear in my own mind that the time between the first and the last payments needs to be as short as possible, because these policyholders demand justice quickly—and that is what I am keen to deliver.
Mr Hoban
I want to press on.
On the progress that has been made, I should say that the letter produced by Towers Watson this July gave an estimate of losses, looking at comparable performance up until the end of 2007, and it has been working on a further detailed estimate over the summer to bring those numbers up to date—to the end of 2009—which should enable us to present a much more robust estimate of loss next year.
A number of hon. Members have mentioned the ombudsman. I have outlined the comments in her letter. We discussed with her yesterday her concerns about Sir John’s advice, and I have noted those concerns, but I reiterate to Members on both sides of the House that the ombudsman’s report set out some clear parameters for compensation. She talked about compensation and relative loss, but I reiterate that she was very mindful of the issue of affordability—and I refer to the paragraphs in her report that she highlighted. That has underpinned our response to this matter from the moment she published her report in July 2008.
In my statement on 22 July, I set out the next steps towards resolution, confirming that we would respond to the report and determine the value of the compensation as part of the spending review, and inviting interested parties to submit their representations to help inform the next stage of the process. I have received a number of representations and would like to thank everyone who has taken part in this process. We have met the board of the Equitable Members Action Group, which from the beginning has campaigned vigorously on behalf of policyholders, as well as the society itself and representatives of the Equitable Life Trapped Annuitants group. Their views are helping to inform the decisions that the Government are taking on Equitable Life in the run-up to the spending review.
As I said in opening, we have tried to be as open as possible in this process. We have sought to involve all interested parties to ensure that when a solution is reached it is fair to everyone, both policyholders and taxpayers. I personally want to see a swift end to this matter, so that policyholders who have waited in financial purgatory for so many years can receive the payments that are rightfully theirs. Although there is some way to go before we reach a final resolution, I believe that this Government have made more progress since May than our predecessors did from the time when the problems at Equitable Life first came to light over a decade ago.
The Bill before us today is a key milestone on the road to resolving those long-standing issues. It is a clear sign of the Government’s commitment to those who have suffered losses owing to the maladministration of regulating Equitable Life. Policyholders have waited over a decade for justice. Passing this important Bill is essential to achieving justice for them, so I commend it to the House.
Stephen Timms
Our policy is to proceed in the way we set out before the election—on the basis of what we promised our constituents on this matter—and to take forward what my right hon. Friend the Member for Birmingham, Hodge Hill (Mr Byrne) committed to: that when Sir John Chadwick’s report was submitted in May, within two weeks of publication he would publish the Government’s proposed scheme, including a timetable. Where we are now, four months later, is that nobody knows what the scheme is. There is a fundamental inconsistency in what the Financial Secretary is telling the House. Is he with the ombudsman or Sir John Chadwick? Nobody has any idea.
Stephen Timms
My right hon. Friend the Member for Birmingham, Hodge Hill set out before the election the process that we would adopt, which remains our view of the right way forward. What I have no idea about is what the right hon. Gentleman intends to do. We wait with great interest to find out.
Financial Regulation
Mark Hoban Excerpts(14 years, 3 months ago)
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The Financial Secretary to the Treasury (Mr Mark Hoban)
The Government have today published a consultation document outlining the coalition Government’s proposals for reforming the framework of financial regulation in the UK. This builds on the statement I made in the House on 17 June 2010.
“A new approach to financial regulation: judgment, focus and stability” sets out in more detail plans to overhaul the UK’s financial regulatory framework, including providing the Bank of England with control of macro-prudential regulation and oversight of micro-prudential regulation.
The UK banking system is emerging from the most serious financial crisis in over a hundred years. Despite making three authorities—the Bank of England (the Bank), the Financial Services Authority (FSA) and the Treasury—collectively responsible for financial stability, the UK’s “tripartite” system failed in a number of important ways. For example, it failed to identify the problems that were building up in the financial system; to take steps to mitigate them before they led to significant instability in financial markets; and to deal adequately with the crisis when it did break.
The document describes the future arrangements for the framework of financial regulation that will address these failings head on. These include proposals to create an independent Financial Policy Committee in the Bank of England and a new prudential regulation authority as a subsidiary of the Bank. In addition to the proposed changes to macro and micro prudential regulation, the consultation document sets out in more detail plans to create a dedicated consumer protection and markets authority (CPMA), with a primary statutory responsibility to promote confidence in financial services and markets.
The document also sets out details of proposals for approaching future financial crises. One of the failings of the UK system currently is the fact that no single institution has the responsibility, authority or powers to monitor the system as a whole, identify potentially destabilising trends and vulnerabilities, and respond to them with concerted action. The document outlines how the Government intend to rectify this.
The document presents a range of issues and questions for consultation. The Government will, on the basis of this consultation and continuing policy development, present more detailed proposals—including draft legislation—for further consultation early in 2011.
The Government intend to introduce legislation to implement their proposals in mid-2011, and in my statement to this House on 17 June 2010 I committed to ensuring the passage of the necessary primary legislation within two years.
A copy of “A new approach to financial regulation: judgment, focus and stability” has been deposited in the Libraries of both Houses and published on the HM Treasury website.
G20 Framework for Strong, Sustainable and Balanced Growth
Mark Hoban Excerpts(14 years, 3 months ago)
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The Financial Secretary to the Treasury (Mr Mark Hoban)
As part of the next phase of the G20 framework for strong, sustainable and balanced growth, HM Treasury has today submitted a new national template to the International Monetary Fund (IMF), setting out its national policy frameworks, programmes and projections for the medium term.
This is in accordance with the updated mutual assessment process agreed by G20 leaders at the Toronto summit, in which G20 countries will provide information on any policy revisions made since the beginning of the year and the IMF will update its analysis of how these national and regional policy frameworks fit together.
Copies of the document are available in the Vote Office and have been deposited in the Library of the House.
Counter-Terrorist Asset-Freezing Regime
Mark Hoban Excerpts(14 years, 3 months ago)
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The Financial Secretary to the Treasury (Mr Mark Hoban)
The Government take the threat of terrorism seriously. However, measures taken to counter the threat of terrorist activity must be done in a fair and proportionate way.
The previous Government undertook to report to Parliament on a quarterly basis on the operation of the UK’s counter-terrorism asset-freezing regime. We believe this is essential to ensure transparency and accountability of the regime and we will continue to report to Parliament each quarter. There is a clause to this effect in the Terrorist Asset-Freezing etc Bill.
This report covers the period April to June 20101
Asset-freezing designations
In the quarter April to June 2010, the Treasury gave no new directions under the Terrorism (United Nations Measures) Order 2009.
During this quarter, the EU added five people to EC Regulation 881/2002, implementing the UN al-Qaeda and Taliban asset-freezing regime established under UNSCR 1267.
As of 30 June 2010, a total of 202 accounts containing just under £360,0002 of suspected terrorist funds were frozen in the UK.
Reviews under the Terrorism Orders
The Treasury keeps domestic asset-freezing cases under review and completed nine reviews in this quarter. From these nine reviews, six persons had their designations revoked.
Licensing
Maintaining an effective licensing system is important to ensure the overall proportionality and fairness of the asset-freezing regime, whether the individuals concerned are subject to an asset-freeze in accordance with a UN or EC listing, or domestic terrorism legislation. A licensing framework is put in place for each individual on a case-by-case basis. The key objective of the licensing system is to strike an appropriate balance between minimising the risk of diversion of funds to terrorism and meeting the human rights and humanitarian needs of affected individuals and their families. Licences contain certain appropriate controls to protect against the risk of the diversion of funds for terrorist finance.
Thirteen licences were issued this quarter in relation to eight persons subject to an asset-freeze under the al-Qaeda and Taliban and domestic terrorism regimes.
In addition, five general licences were issued. General licences cover both the al-Qaeda and domestic terrorism regimes, and are important in ensuring an effective and proportionate licensing regime by removing the need for individual licence applications in specific areas. These general licences are accessible on the Treasury’s website:
http://www.hm-treasury.gov.uk/fin_sanctions_general_licences.htm
Proceedings
The previous Government committed to reporting on proceedings taken for any offences under the asset-freezing regime. We agree that it is important to continue to report on proceedings for accountability and transparency, and we will therefore continue to do so.
In the quarter April to June 2010, no proceedings were taken for breaches of the prohibitions of the Terrorism Orders or the Al-Qaida and Taliban (Asset-Freezing) Regulations.
Developments
The Terrorist Asset-Freezing etc Bill: The Government have introduced and published new terrorist asset-freezing legislation. This was reported in the previous written ministerial statement that I laid on 15 July 2010, Official Report, column 36WS.
1The detail that can be provided to the House on a quarterly basis is subject to the need to avoid the identification, directly or indirectly, of personal or operationally sensitive information.
2This figure reflects account balances at time of freezing and includes approximately $58,000 of suspected terrorist funds frozen in the UK. This has been converted using exchange rates as of 21/07/10. Future fluctuations in the exchange rate may impact on the contribution this sum makes to future totals of suspected terrorist funds frozen.
Equitable Life
Mark Hoban Excerpts(14 years, 4 months ago)
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The Financial Secretary to the Treasury (Mr Mark Hoban)
With permission, Mr Speaker, I would like to make a statement on Equitable Life.
Both coalition parties are committed to justice for Equitable Life’s policyholders; we each made manifesto commitments, and these are reflected in our programme for government. No one should be in any doubt about our commitment to policyholders, who have waited a decade for justice. We are committed to implementing the parliamentary ombudsman’s recommendation, made two years ago, and
“to make fair and transparent payments to Equitable Life policyholders through an independent payment scheme for their relative loss as a consequence of regulatory failure.”
We have taken important steps towards implementing that commitment. We announced in the Queen’s Speech that a Bill would be presented to Parliament in this legislative Session, and today we are doing just that.
When I came into office, I reviewed Sir John Chadwick’s terms of reference and asked him to complete the work that he had started. I can tell the House that Sir John’s report, alongside the extensive actuarial advice underpinning it, has been published today, and copies have been placed in the Vote Office. I want to thank Sir John for his dedication in completing this complex and challenging task. Sir John has helped to progress the aim to establish a scheme that is fair both to policyholders and to taxpayers. He has proposed a flexible approach to determining losses that eliminates the need for policyholders to show what they would have done if the maladministration had not occurred.
I want to stress, however, that Sir John’s review is just one of the building blocks in resolving what is a complex matter, and that there are other judgments to be made in determining the final shape of the scheme and the amounts that will be paid out. I have always been committed to dealing with this matter with the utmost transparency. I therefore want to set out to the House today the key elements of Sir John’s methodology and the figures calculated at each intermediate step in quantifying losses according to his approach. First, however, let me make it clear that these are preliminary figures. There is further work to be done before a final estimate can be produced. These figures have been produced for the Treasury by Towers Watson, and I have placed a copy of its letter in the Vote Office.
Let me remind the House that the ombudsman considered that the financial loss suffered by policyholders was a consequence of the reduction in policy values in July 2001. These amounted to a reduction in the gains they expected to make from their policies, rather than the sums they were contractually entitled to. As a result, Equitable Life’s policies are lower in value today than they would have been without these cuts. The difference is the absolute loss, which Towers Watson estimates as being between £2.9 billion and £3.7 billion. Sir John then goes on to identify relative loss—that is, the difference between the returns that policyholders actually received from their Equitable Life policies and the returns they would have received if they had invested in a comparable product in an alternative life insurance company. This step produces a loss of between £4 billion and £4.8 billion.
For a number of policyholders, because of the strong performance of comparable life companies, their relative loss is greater than the absolute loss they suffered. Consistent with the ombudsman’s recommendation, Sir John has advised that relative loss for an individual policyholder should be capped at the absolute loss they suffered. It is hard to see how it would be fair either to the taxpayer or to other policyholders if some policyholders received more through redress than they had actually lost. If the proposed cap is adopted, then the figure will be £2.3 billion to £3 billion.
Sir John and the Equitable members action group—EMAG—are in agreement that not all policyholders would have decided against investing in Equitable Life had its regulatory returns not been subject to maladministration. There is scope for debate about by how much investment would have been reduced. Sir John advises that the majority of policyholders would have invested in Equitable Life irrespective of maladministration. He therefore proposes that policyholders should receive only 20% to 25% of the capped figure that I mentioned. I know that some stakeholders will dispute this proportion. This results in a figure of £475 million to £650 million.
Another difficult aspect of Sir John’s methodology is the assessment of internal relative loss—the loss that policyholders have suffered as a result of keeping money in Equitable Life when it was not being regulated properly. Taking this step into account, Sir John’s final loss figure is £400 million to £500 million. This figure is lower principally because a number of policyholders made relative gains as a result of maladministration.
As I said earlier, Sir John’s work is a building block that helps us to produce a fair and transparent payment scheme. I am aware that some of his findings will be contentious and are based on complex analysis, so I will reflect on his report and I will listen to representations by interested parties, including Equitable Life and EMAG, which has campaigned tenaciously on behalf of policyholders. As is apparent from the letter from Towers Watson, further work needs to be done over the summer to produce a final estimate of loss.
As the ombudsman noted, it is appropriate to consider the impact of any scheme on the public purse. The scheme will be a significant spending commitment for this Government and will therefore be considered in the light of what is affordable as a part of the spending review. I will set out the funding available for the scheme at the spending review on 20 October, alongside the final loss figure.
The ombudsman also concluded that the design of the scheme should be independent of the Government. I support this view, and I announced on 26 May that I would establish an independent commission to advise on the best way to allocate payments to policyholders and help to develop the design of the scheme. Today I can announce that Brian Pomeroy, John Howard and John Tattersall have agreed to form the independent commission on Equitable Life payments. I believe that their experience and expertise will be invaluable to the commission, and I am confident that we have the right people to do the job. The commission will start work imminently so that we can begin making payments as soon as possible. I have asked the commission to report by the end of January 2011.
The final question that I would like to address is how soon policyholders will receive payments. I would like to end the plight of policyholders as quickly as possible, and I aim to begin making payments in the middle of next year. If we are to achieve this goal, however, it is important to avoid any unnecessary delays. I will do all that I can to make sure we stick to this timetable, and I hope all interested parties will help us to do so. This is, however, a very complex task. We have made much progress since the Government were formed, but there is a great deal left to do. We need a simple, transparent and fair scheme that meets the needs of 1.5 million policyholders who have between them 2 million policies and have made 30 million premium payments. It is in the interests of each of those policyholders to complete this task quickly, but also carefully and thoughtfully.
In the past two months, we have published Sir John’s report; set up the independent commission on Equitable Life payments; published the first robust figures surrounding the calculation of relative loss; opened up the process, making it much more transparent; put in place a framework for the payment scheme; and produced legislation to give the Treasury statutory authority to make payments. We have achieved more in two months than the last Government did in the two years since the ombudsman reported. The coalition Government have demonstrated their commitment to justice for Equitable Life policyholders, and I commend this statement to the House.
Mr Liam Byrne (Birmingham, Hodge Hill) (Lab)
I thank the hon. Gentleman for early sight of his statement and for the opportunity to review Sir John’s report in full at the Treasury this morning.
I would like to start by repeating the words of apology to Equitable Life policyholders that I made to the House earlier this year for the failure of regulation of Equitable Life under successive Governments between 1990 and 2001.
I thank Sir John Chadwick for his detailed report, which we commissioned. He has taken on an extraordinarily complex matter, and he has done an admirable job. I also thank officials at the Treasury for the work that they have done over the past six months in getting ready the legislation which I am glad to see that the hon. Gentleman has published today. I, too, thank EMAG. I am grateful for the work done by the all-party Equitable Life policyholders group, chaired by the hon. Member for Shrewsbury and Atcham (Daniel Kawczynski) and my hon. Friend the Member for Leeds North East (Mr Hamilton).
When I came to the House earlier in the year, I said that there was a clear ethical obligation, even if not a legal obligation, for compensation for Equitable Life policyholders. Equally, however, I knew that case-by-case compensation for policyholders, as suggested by the ombudsman, was not practical. I said that there were two tests for the right solution—speed and justice. I went on to say that we expected the Government to produce a report within two weeks of Sir John’s final report, which we wanted to see in May. So here we are in July, and there are a few questions that I should like to put to the Minister this afternoon.
First, is the Minister actually accepting Sir John’s recommendation? Earlier in the year he did a good impression of wanting to ditch Sir John’s approach and revert to the one set out by the ombudsman. Today, Sir John makes it clear in paragraph 10.17 that the ombudsman’s approach
“poses very difficult issues of principle, and would be impossible to implement within any realistic time-frame.”
Can the Minister confirm that Sir John’s approach is the right one? He called it one of the building blocks, but will he set out whether he is accepting Sir John’s report?
The second question that the House will want to know the answer to is who precisely will be entitled to help. Sir John states in paragraph 6.3 that help should cover new investments made between 1 September 1992 and 31 December 2000. Does the Minister agree with that approach? How many policyholders will be included on that basis, and how many will be excluded?
Thirdly, how much are policyholders actually going to get? Part 6 of the report sets out an approach and a method for calculating losses. Can the Minister confirm that what he has just said is that the maximum compensation will be based on a quarter of the relative losses faced by policyholders, and that that figure will itself be capped at absolute loss? Many policyholders will find that hard to square with what he said in the House earlier this year. What the House will want to know this afternoon is how much, on average, policyholders will actually get.
Fourthly, how quickly does the Minister want to complete this process? I am glad that he wants to get started next year, but the House will want to know how quickly he wants the final payments to be made. Finally, what appeal mechanism will the Government put in place for those policyholders who want to challenge their individual determinations?
It is incumbent on all of us to speed this matter to resolution. I am glad that the Minister has set out legislation this afternoon, and we will support it going through as rapidly as possible, but there are questions that our constituents will want answers to today. I hope that he will be as full as he can in replying to what I have asked.
Mr Hoban
I find the right hon. Gentleman’s comments rich, as he was a member of the Government who for nine years sought to frustrate, block and delay investigations into Equitable Life and its regulation; who ignored Lord Penrose’s findings of maladministration in 2004; who did everything they could to stop the ombudsman’s second inquiry; who bombarded the ombudsman with new documents and comments on her draft report; who took six months to reply to her report when it was published; and who set up a review by Sir John with a report carefully timed to be released after the general election. I will take no lessons at all from him about speed of response.
Sir John’s report sets out a range of approaches to calculating loss. As I said in my statement—the right hon. Gentleman had sight of it, as he said—I have not accepted that report. I will reflect on Sir John’s findings and think very carefully about them. The amount that policyholders will receive will be determined by a number of factors, and partly by the compensation figure set as part of the spending review process, as I said very carefully in my statement. The independent commission will need to respond to that matter when it designs the payment scheme, which was a key recommendation of the ombudsman that the right hon. Gentleman and his colleagues rejected but we are prepared to accept and put in place. He will have to wait until that scheme design has taken place and we have worked through its implications across 1.5 million policyholders, their 2 million different policies and the 30 million transactions that they entered into.
I am determined that the scheme will proceed as quickly as possible and that we can resolve the problems faced by Equitable Life policyholders—problems that the right hon. Gentleman and his party did little to sort out over the course of the past nine years.
Mr David Davis (Haltemprice and Howden) (Con)
First, I congratulate my hon. Friend the Financial Secretary on achieving so much in two months. He said that he had done more in two months than Labour did in two years, but he underestimates it. He has done more in two months than they did in 10 years.
Nevertheless, there is a great deal left to be done, as my hon. Friend himself said. Halfway through next year is still a long time to wait for many of the more elderly policyholders. Can he give the House an undertaking that he will stick to that timetable so that those policyholders receive their compensation before they die, in many cases? He said that he was still considering Sir John Chadwick’s proposals. Will he ensure that not only he but the independent commission takes representations from EMAG, and do so quickly?
Mr Hoban
I am grateful to my right hon. Friend for welcoming the statement. I am committed to the process taking place as quickly as possible. There are some challenges in the design of the scheme that we will need to think about when it comes to payments, but I am determined to ensure that payments start at the end of the first half of next year.
I want EMAG and others to take part in the debate about the scheme, and I am very happy for them to make representations to the independent commission that will help to draw up the detail of the scheme. I think we have a programme that will deliver justice in a way that is more robust, transparent and open than the process set out by the previous Government. I would also say to my right hon. Friend that we would have been in a better place if the previous Government had acted sooner to tackle the problem rather than trying to kick it into the long grass.
Malcolm Wicks (Croydon North) (Lab)
I appreciate the difficulties of calculating loss and the complexities of the process that the Minister has set up, but can he give us any idea of the percentage range of compensation that our distressed constituents might receive? That is the question that people want an answer to.
Mr Hoban
I accept that point. It would have been better if this whole process had started much sooner and we could have given policyholders much more assurance. We will not be able to determine how much will be paid to policyholders until we go through the spending review process, but I have committed to return to the House in October to say how much will be allocated by way of compensation. That pot of compensation will then be allocated by the independent commission.
Peter Bottomley (Worthing West) (Con)
I am a member of EMAG, but I will not take any compensation for my own benefit.
May I put it to my hon. Friend that his statement will be welcomed? However, although no one thought that £4 billion was likely to come, most of my constituents—I probably have more than most who are affected—would regard £400 million as less than they expected. About £1 billion would be far more likely to be acceptable and proper.
Mr Andrew Love (Edmonton) (Lab/Co-op)
The hon. Gentleman’s failure to disclose the figure for the likely compensation today is unlikely to reassure Equitable pension holders. What they are looking for is a body to be set up that is both independent of the Treasury and totally transparent in delivering figures that they can trust. They are looking for him to expedite that so that payment will be made as soon as possible.
Mr Hoban
The hon. Gentleman should listen more carefully to statements given in the House. The independent commission is at arm’s length from the Treasury and will be responsible for designing the payment scheme. I would have thought his constituents would welcome that independence and transparency, which was not evident in the ideas put forward by his colleagues.
David Rutley (Macclesfield) (Con)
Can the Minister provide more detail on the advice and guidance that will be provided to those affected by this sad situation, following his announcement and given the extreme passage of time?
Mr Hoban
My hon. Friend makes an important point. Some of the changes that I want to make to the process of ensuring that Equitable Life policyholders receive justice are to do with speed and transparency. More information will be available to policyholders on the Treasury website, where they will be able to see some of the work that Sir John has done and the letter that Towers Watson provided to us. There will also be questions and answers on the website to help address their concerns.
Mr Kevin Barron (Rother Valley) (Lab)
Given that the Financial Secretary said that the cost to the Exchequer will be considered in the light of what is affordable according to the spending review, will the independent commission, which is designing the disbursement scheme, have terms of reference that allow it to challenge or influence the amount in the light of its findings?
Mr Hoban
I may be old-fashioned, but I think that it is up to Parliament to decide amounts that are spent and taxes that are raised. The commission will have a role in designing the scheme, but it is important that Parliament takes a view about how much should be spent. I remind the right hon. Gentleman that the ombudsman herself said in her report that we need to take into account the impact of any compensation arrangements on the public purse.
Lorely Burt (Solihull) (LD)
My hon. Friend will know that EMAG and many Equitable Life members consider that Sir John Chadwick’s remit, which the Labour party set when it was in government, is deeply flawed. I am glad that my hon. Friend says that what he has announced will be only one building block. Why will Equitable Life members get only 20 to 25% of the absolute loss? Can he reassure me that retrospective payments for Equitable Life members who died waiting for justice will be honoured?
Mr Hoban
My hon. Friend makes two important points. She referred to the cap of 20 to 25%, which is Sir John’s assessment and proposal. I am conscious that others, including EMAG, have different views about what the proportion should be, but they accept the principle that some policyholders would have stayed with Equitable Life. Her second point, about the estates of deceased policyholders, is very important. I have given the commission wide terms of reference, with two exceptions. First, it must take into account the estates of deceased policyholders—that is fair. Secondly, there should be no means-testing.
Mr Denis MacShane (Rotherham) (Lab)
The Financial Secretary’s fair and measured statement might be taken more seriously had he not, in opposition, belaboured the Labour Government and made wild promises about paying full compensation to Equitable Life policyholders. Does he understand that people thought—
Mr MacShane
Mr Speaker, I have just had extensive root canal treatment and cannot tighten anything around my neck—I am terribly sorry—but I can open my mouth. Does the Financial Secretary understand that Equitable Life policyholders will feel betrayed? When will the Government stop doing endless U-turns?
Mr Hoban
Whether or not the right hon. Gentleman wears a tie, it does not add to the sense that he makes when asking questions. We made it clear in opposition that we accepted the ombudsman’s findings the day she published her report, unlike the Labour Government, who took six months to do that. We accepted the recommendations that compensation should be for relative loss and that account should be taken of the impact on the public purse. We have been consistent in that approach. I do not believe that the Conservative party has U-turned in any way. We have stuck to our commitment and made more progress on the matter in the past two months than the Labour party made in two years.
Heather Wheeler (South Derbyshire) (Con)
I am delighted with the Financial Secretary’s announcement. The largest postbag that I receive as a south Derbyshire MP is about Equitable Life. It is disgraceful that the matter has been going on for so long. I therefore congratulate my hon. Friend and greatly look forward to the announcements next April.
Mr Hoban
I am grateful to my hon. Friend. She is not the only Member with a bulging postbag as a consequence of the issue. I am surprised at how many more of my constituents have announced that they are Equitable Life policyholders since I became the Minister responsible. I believe that there is good news in the statement, and I hope that hon. Friends will contact their constituents who have policies to let them know about the coalition’s progress.
Mr Fabian Hamilton (Leeds North East) (Lab)
I think that my right hon. Friend the shadow Chief Secretary deserves some credit for his work on the issue. However, I thank the Financial Secretary for his helpful statement. Will he attend a meeting of the all-party group when it is re-formed so that a more detailed discussion can take place, given the shortage of time here and all hon. Members’ interest in the issue?
Mr Hoban
I pay tribute to the hon. Gentleman’s excellent work as one of the joint chairmen of the all-party group. I note that the shadow Chief Secretary spoke to its members early this year, and I am happy to do the same. We have a good story to tell and I will not turn down any opportunities to tell it.
Mr Mark Field (Cities of London and Westminster) (Con)
Does the Financial Secretary feel bound by the 20 to 25% cap that Sir John seems to have plucked from the sky, or does he share my view that that flies entirely in the face of the transparency that the Government are trying to achieve for Equitable Life policyholders?
Mr Hoban
The debate is one of proportion rather than principle. In its representations on the matter, EMAG accepted that some policyholders would have stayed with Equitable Life or invested in it, despite knowing that it was not properly regulated. Indeed, several people joined Equitable Life quite late on, when its problems were well known, so there is some sense to the approach. The debate is about proportion, and I am prepared to take representations on that.
Paul Flynn (Newport West) (Lab)
It is unfortunate that the Financial Secretary has omitted any word of gratitude to Tony Wright and other members of the Public Administration Committee, who pursued the matter with great energy and intelligence. Perhaps the hon. Gentleman wants to make the issue a political football. My constituents will ask what alchemy reduced £4.8 billion to a maximum of £650 million. Why do they have to wait another year? Were they not deceived by the Conservatives’ exaggerated claims in their election propaganda?
Mr Hoban
Given that the hon. Gentleman was meant to be seeking a bipartisan spirit, it did not last much longer than his first sentence. I paid tribute to the hon. Member for Leeds North East (Mr Hamilton), and I know from discussions with hon. Members of all parties that all Members of Parliament want to get the matter resolved. We all have constituents who have been involved, and the Public Administration Committee was one of many routes whereby the previous Government were pursued to deliver justice for policyholders quickly.
Tessa Munt (Wells) (LD)
I thank the Financial Secretary very much indeed for his comments about the speed with which he will deal with the matter, particularly on behalf of my 80-year-old constituent, Jim Barratt, who said that, at his age, time was not on his side. Given that the coalition has declared that it will apply transparency to the matter, has EMAG received the information on “Head A” calculations, which it requested, but was not forthcoming under the previous Administration?
Mr Hoban
I have made it my duty to maintain a good and open relationship with EMAG. I met its members again earlier this week and I spoke to the chairman, Paul Braithwaite, this morning to advise him that I was making the statement. Today, I am publishing 2,500 pages of material that help underpin Sir John’s work and I hope that people who are interested will examine that in detail and respond to his findings and the actuarial advice that he received.
Mr Dennis Skinner (Bolsover) (Lab)
When the policyholders realise just how much they will get, they will think that it is a far cry from all the statements by the then Tory Treasury spokesman, who has somehow landed up as Secretary of State for Transport, and the Liberal spokesman, who promised the moon and to pay everything in full. The small print indicates that those policyholders will now realise that the Tory party and the coalition are in full retreat on the payments that they should receive.
Mr Sam Gyimah (East Surrey) (Con)
I thank the Financial Secretary for the speedy and decisive action that the Government have taken in the past two months. However, my constituents will ask whether, given that Sir John’s report is supposed to be a founding block, there is any likelihood of moving towards fuller compensation. Secondly, my hon. Friend mentioned the spending review. How fixed is the £400 million to £500 million? Could the figure be lower?
Mr Hoban
Sir John’s report presents a range of numbers, which we need to look at in the context of the spending review. My right hon. Friends the Chancellor and the Chief Secretary will hear Members’ representations on the matter, but we need to ensure that we put this matter in the context of the other spending commitments that the Government wish to make.
Albert Owen (Ynys Môn) (Lab)
I have been consistent in my support of the parliamentary ombudsman recommendations, and I welcome the Financial Secretary’s statement as a building block. He has been very clear that he wants payments to begin in the middle of next year, but may I press on him an appeals procedure, because if we do not have one or a timetable for appeals, the matter could drag on for many years?
Mr Hoban
The hon. Gentleman makes a sensible point and I am grateful for his welcome of today’s statement and the progress that I announced. He is absolutely right about an appeals mechanism, and the Treasury are looking at that proposal at the moment. Policyholders who question the data that are used—some data are quite old and policies are complex—will want a mechanism by which they can appeal, so that is important. However, I am keen to ensure that the appeals process is quick and thorough, so that people are comfortable with the outcome they get.
Stephen Hammond (Wimbledon) (Con)
I congratulate my hon. Friend. As someone who took part in the Equitable Life debate in March, I do not recognise some of the wilder accusations that are being levelled against him. May I press him on the key point of his statement, which is the capped figure? I think he confirmed to my hon. Friend the Member for Cities of London and Westminster (Mr Field) that he will review the figure when he reflects on Sir John’s report, but will he confirm that he will publish, and make a statement on, his methodology as to how he reaches it, whether or not he agrees with the report?
Dr Sarah Wollaston (Totnes) (Con)
Although I congratulate the Minister on the undoubted speed and transparency of the process, many of my constituents will be seeking reassurance that it is safe to save in future. Will the cap of 20 to 25% be sufficient in giving them that reassurance? If not, what other measures will be taken?
Mr Hoban
I welcome my hon. Friend’s comments. Many people’s confidence in saving has been shaken as a consequence of what happened at Equitable Life, but she will recall that last month, my right hon. Friend the Chancellor announced reforms to the regulation of financial services, which will include a new consumer champion—a consumer markets and protection authority. That is one way to help to improve regulation and to give people confidence about saving for their future.
Andrew Bingham (High Peak) (Con)
I congratulate the Minister on the speed with which he has dealt with this matter compared with the previous Labour Government. He is looking to make payments in mid-2011, which is a great deal better than the other lot led us to believe, but winter is coming up—winters tend to be a bit colder in the High Peak than in other constituencies—so is there any opportunity to make interim payments?
Mr Hoban
That suggestion has been made on a number of occasions, and I thought very carefully about interim payments. It is difficult to make an interim payment before the scheme is designed. Such payments would add complexity and delay to the creation of the scheme. When the commission considers its findings, I hope it may well decide that certain groups should receive payments in priority to others.
Rehman Chishti (Gillingham and Rainham) (Con)
Policyholders in my constituency were pushed from pillar to post and had to get judicial review to get some accountability, but the previous Government did absolutely nothing. With regard to the timeline of making payments by the middle of May next year, what criteria will be applied as to who gets their money first?
Mr Brian Binley (Northampton South) (Con)
The Financial Secretary has intimated that he aims to begin to make payments by the middle of next year. Thirty thousand policyholders, including a sizeable number in my constituency, have already died, and I urge him to rethink the question of making a pro rata, interim payment based on his cap figure. Will he please think about that more seriously than his previous answers suggest, because I am fearful that more people in my constituency will die and not receive fair treatment?
Mr Hoban
Many hon. Friends have raised that issue with me in debates in recent weeks, and I have asked my officials to look carefully at it. I have also thought through very carefully how we could make such a proposal work, but I am yet to be persuaded that we can do so in a way that is fair to policyholders who might not receive an interim payment.
Nicky Morgan (Loughborough) (Con)
I congratulate my hon. Friend on his announcement. Many of my constituents will be delighted at the speed with which he has tackled the matter. I noted the shadow Chief Secretary to the Treasury’s apology, but also that it was limited to Equitable Life policyholders. He did not apologise for the fact that the economic situation left behind by the previous Government has limited necessarily the payments that my constituents and others will receive. Should his apology extend to that?
Mr Aidan Burley (Cannock Chase) (Con)
Does the Minister agree that it is important that the compensation scheme is seen to be administered by an independent commission, and that it was wrong of the previous Government to ignore many of the parliamentary ombudsman’s recommendations?
Mr Graham Stuart (Beverley and Holderness) (Con)
Equitable Life was a poisoned pill left by the previous Government, even if no note accompanied it. As my hon. Friend the Member for Northampton South (Mr Binley) rightly said, 30,000 people have died waiting for justice. Conservatives, who have long pushed for justice for policyholders, recognise that there will be an element of rough justice no matter what happens. Will the Financial Secretary ensure that the process is speedy? Even if interim payments are not possible, will he bring the matter to a close quickly, so that people can have certainty, because they did not get that from the previous Government?
Sir Robert Smith (West Aberdeenshire and Kincardine) (LD)
I welcome the fact that the Financial Secretary has recognised that the 25% cap will probably be the greatest concern of many of our constituents. He said that he will receive representations, but what is the deadline for those? People will want to influence him on that decision.
Mr Hoban
As I said, the process for deciding on the maximum compensation that is payable will conclude at the spending review, and we will publish the results on 20 October. I encourage the hon. Gentleman’s constituents to write sooner rather than later in that process. There are a range of views on that number and people will have their opinions on whether it is appropriate, but of course, we must set the overall position in the context of what the public purse can afford.
Nadhim Zahawi (Stratford-on-Avon) (Con)
We have heard a non-apology from the shadow Chief Secretary for the previous Government’s obfuscation. Will the Minister write to the Independent Parliamentary Standards Authority to ask for a special communications allowance for Labour Members, so that they can write and apologise to the families of the 30,000 people who have died and the 1.5 million policyholders who have had to wait 10 years?
James Morris (Halesowen and Rowley Regis) (Con)
May I welcome the Minister’s announcement and the speed with which he has come to the House to outline the next steps in the process? Further to an earlier question, will he clarify the time scale in which he wants to receive further representations from interested parties? He said that he wants to reflect on Sir John’s findings, but can he give us an indication of the time scale for receiving those representations?
Mr Hoban
I have not set a formal deadline or time scale, but I am sure that over the summer recess, my hon. Friends will talk to policyholders in their constituencies and gather their views. The Leader of the House today announced a debate on 14 September, I believe, on Second Reading of the Equitable Life (Payments) Bill, which might give my hon. Friends the opportunity to make an oral representation.
Sajid Javid (Bromsgrove) (Con)
Earlier this month, I held a public meeting in my constituency on Equitable Life, and I heard directly from many policyholders how they suffered, especially because of the inaction of the previous Government and their callous disregard for their rights. Will my hon. Friend assure me that the coalition Government will do all they can to end the long suffering of the Equitable Life victims?
Mr Hoban
Indeed I can give that commitment. I am also very mindful that at points over the previous nine years, the previous Government could have acted to bring justice to policyholders but chose not to do so. I am afraid that that is another aspect of that Government’s legacy that the Conservatives have to sort out.
Mr Dominic Raab (Esher and Walton) (Con)
I welcome the fact that the Minister has moved so swiftly. Equitable Life victims in Elmbridge, like those across the country, were subject to the most shabby treatment by the last Government and no amount of synthetic outrage now can hide that. They feel raw and their trust in government is almost totally undermined. May we have further reassurance that there will be close consultation with the victims in the weeks ahead, especially on the vital issue of quantum and the mooted cap?
Mr Hoban
My hon. Friend makes an important point. Confidence in this process was significantly eroded by the previous Government. I hope that what I have announced today will enable policyholders to turn a new page and recognise that we are determined to be much more open and transparent in our approach, and that will help to build the credibility of the process.
Andrew Percy (Brigg and Goole) (Con)
Policyholders in my constituency are not interested in apologies that come nine years too late: they want justice. The Financial Secretary has outlined the start date for payments, but will he set a concluding date for the completion of this whole saga?
Mr Hoban
I am conscious that this is a very complex business. There are 1.5 million policyholders with 2 million policies and 30 million transactions. The policies are not straightforward and the data are old and difficult to access. I want to do as much as I can to make the process as quick as possible, and my hon. Friend has my commitment that I will do everything that I can to ensure that the date is speeded up.
Dr Julian Lewis (New Forest East) (Con)
Dozens of my constituents affected by the scandal, and a cousin who lives abroad, were favourably impressed by what was said in opposition creditably by Conservative and Liberal Democrat MPs. Will my hon. Friend accept that the experience of root canal surgery by the right hon. Member for Rotherham (Mr MacShane) will be as nothing compared with what those MPs will suffer if we fail to live up to our promises? I welcome the speed with which my hon. Friend is taking action, but the content of that action must live up to the speed.