Public Sector Exit Payments (Limitation) Bill

Nickie Aiken Excerpts

Friday 13th March 2020 Commons Chamber

[Sir Christopher Chope (Christchurch) (Con)]

I beg to move, That the Bill be now read a Second time.

The Bill is simple: it imposes upon the Treasury a duty to make regulations under section 153A of the Small Business, Enterprise and Employment Act 2015. You might think it extraordinary, Madam Deputy Speaker, that we have to legislate to require the Treasury to implement legislation that we in the House approved in 2015 and that I have been promised by numerous Ministers since is on the cusp of being brought into law. It has not yet been brought into law, and the consequence is that the taxpayer is probably about £1 billion worse off—the benefit to the Exchequer of the provisions in the Act was about £200 million each year.

It is against that background that I was very pleased to have a meeting with the new Chief Secretary to the Treasury. He has some background knowledge of this that dates back to before even I took an interest, because he was on the Public Accounts Committee when it looked at this issue in the early 2010s. The beginning, after the Committee had looked at it, came in January 2015, when the current Home Secretary, who was then a Treasury Minister, announced that it was intolerable that there were so many exit payments of such large sums. She called it a long-overdue reform and said:

“It’s not right that hard-working taxpayers, many on low salaries, have to fund huge payouts.”

As a result, after the Conservative election win in May 2015 the then Chancellor confirmed the commitment to legislate that was in our 2015 manifesto, saying:

“We will end taxpayer-funded six-figure payoffs for the best paid public sector workers.”

Then, in 2017, when nothing had happened, I had the temerity to ask the Chancellor of the Exchequer on 27 June

“when the Government plans to bring forward secondary legislation to implement the policy”,

and the answer I got on 6 July from the then new Chief Secretary, now the Secretary of State for International Trade, was:

“The Government announced in 2015 that it intended to end six figure exit payments for public sector workers. We legislated for a £95,000 cap in the Enterprise Act 2016 and are currently in the process of drafting the necessary regulations.

In the interim, the government expects every part of the public sector to demonstrate that it is using public money efficiently and responsibly and to ensure that pay and terms are always proportionate, justifiable and deliver value for money for taxpayers.”

Having received that non-committal reply, I asked more questions and then introduced a private Member’s Bill in the 2017-19 Session that was exactly the same as this one, except with different dates.

[Nickie Aiken (Cities of London and Westminster) (Con)]

As a former local government leader, I was involved in many cases in which we had to ensure that the person leaving had received the correct money and final settlement, but does my hon. Friend agree that some of these people have often been working for a local authority —I can only speak for local authorities—for decades? Their salaries will have increased over time, and there should, whatever the legislation, be flexibility in such cases. If a case is sensitive, the local authority should be given powers to ensure that that person is given the amount of money that they are due, but not too much for the public purse.

[Sir Christopher Chope]

That was a very long intervention, Madam Deputy Speaker, and I am afraid that I do not really agree with the tenor of it, which excuses some of the appalling behaviour that is taking place in local government. A recent article in The Times revealed that Steven Mason, a former Northumberland County Council chief executive, was given a £370,000 pay-off, but took up a job four months later at South Tees Hospitals NHS Foundation Trust on £180,000 a year, despite Ministers having pledged to take back exit payments if the recipient returned to the public sector.

One reason why I got interested in this subject was that I was concerned that proposed local government reorganisation in Dorset would be an excuse for a whole lot of public officials employed by local councils to look after each other’s interests at the expense of the local taxpayer and give themselves big handouts. I am afraid that my worst fears proved to be well founded, and some unconscionably high payments were made as a result.

I take the view, unlike my hon. Friend, that this issue is urgent and overdue for action. Indeed, I think an alternative a title to my Bill might be the Overcoming Sir Humphrey’s Resistance Bill, because the resistance of the civil service to what is proposed in this Bill is a textbook example of how the civil service can conspire to frustrate the will of Parliament and, indeed, of the elected Government. How is it, all this time later, that we do not even have the regulations? We have not even had a response to the latest consultation, which was originally promised to be delivered in 2018. I went to see the then Chief Secretary back in 2017 and said to her, “Has it occurred to you that this measure is supported by almost everybody in politics and in public life? Has it occurred to you that the resistance to it is coming from the civil service, because they are going to be losing out as a result of the implementation of the Bill?”