Draft Judicial Pensions (Remediable Service etc.) Regulations 2023

Debate between Mike Freer and Kit Malthouse

Wednesday 14th June 2023 General Committees

[Mike Freer]

May I first touch on the nature of the discrimination, because the word “discrimination” can be quite loaded? As the pension schemes have changed, those people who are coming up to retirement age and may have had fewer pensionable years to make changes to their provision have got some additional protection. The court case was because younger members felt that they were being discriminated against. It is important to put that into perspective. I understand why younger members felt that they were not being given opportunities that older members of pension schemes were getting, but equally, those of us who are older and are contributing do not necessarily have the working years ahead of us to make additional contributions or arrangements. I can understand why the situation arose, but we are where we are. I thought it was important to clarify that.

I turn to points raised by my right hon. Friend the Member for North West Hampshire. It is quite difficult to say what the impact on other schemes will be, because each scheme is quite complex in its own right, as he knows and as we have seen with the digital scheme. Each Department will have to make its own statutory instruments to address the issues and the complexities of its own schemes.

I understand the question about why such a technical and complex matter is being addressed through an SI. In my time in this House, I have served on a number of statutory instrument Committees dealing with quite complex pension changes. It is not unusual for technical changes to pension schemes to be made in this way, but I take on board the very fair issue that my right hon. Friend raises about having time to understand the complexities.

On dependants, my understanding—I will double-check this point and write to my right hon. Friend if I have it wrong—is that the whole point of the McCloud remedy is to ensure that people are given the opportunity to put back in. My understanding is that that would include dependants. [Interruption.] I will quickly read my note to make sure that I have not misunderstood.

[Kit Malthouse]

Let me give the Minister a little time to read his note. I guess the question I am asking is: if I am the husband of a judge who died between the judgment and the remedy, will I be given the opportunity to make the same choices that my spouse would have made if they were alive? I would obviously have a dependant’s pension, and I would have had a death-in-service payment as well.

[Mike Freer]

I am grateful to my right hon. Friend for giving me a little time. The scheme election may be made in respect of a person who is entitled to the remedy.

--- Later in debate ---

[Kit Malthouse]

So it is a yes.

[Mike Freer]

Yes—that might have been quicker. In a former life I used to sell pensions, although certainly not of this complexity, I have to say.

These are important regulations about a matter that we need to address. I am grateful for the support of colleagues and the Opposition. I commend the draft regulations to the Committee.

Question put and agreed to.