Oral Answers to Questions Debate

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Oral Answers to Questions

Penny Mordaunt Excerpts
Monday 2nd February 2015

(9 years, 9 months ago)

Commons Chamber
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Grahame Morris Portrait Grahame M. Morris (Easington) (Lab)
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18. What progress his Department has made on resolving the dispute over firefighters’ pensions.

Penny Mordaunt Portrait The Parliamentary Under-Secretary of State for Communities and Local Government (Penny Mordaunt)
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Firefighter pension regulations were fully debated in the House, and come into force on 1 April. Firefighters will continue to receive one of the best pensions in the public sector and we have added statutory fitness protections. These matters are now settled, and the current dispute should end.

Grahame Morris Portrait Grahame M. Morris
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On 15 December, the fire Minister gave hon. Members assurances that firefighters who failed a fitness test would receive unreduced pensions, and that was confirmed by the Secretary of State the following day. Subsequently, fire authorities, in response to a survey by the Fire Brigades Union, have said that they cannot provide a guarantee of an unreduced pension. Can the Minister confirm that the guarantee is 100%, or is it not a guarantee when it is given by a Tory Minister?

Penny Mordaunt Portrait Penny Mordaunt
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The national service framework has been changed and it came into effect on 12 January—that was the fitness protections. Fire and rescue authorities have to follow the national service framework: it is not an option. We have been very clear that if a firefighter loses fitness through no fault of their own, they should get an alternative role or a full unreduced pension. These are new protections, despite the fact that firefighters have been required to work to 60 since 2006.

John Hemming Portrait John Hemming (Birmingham, Yardley) (LD)
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I was one of the Members who backed the Government given the assurances from the Minister, but the documentation from the employers indicates something else. What clarification can she give about what the employers are saying?

Penny Mordaunt Portrait Penny Mordaunt
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Clearly, we can change the law. If fire and rescue authorities decide that they will not follow the law, we will spot that because we have also undertaken to audit this process and their adoption of new fitness principles. The Secretary of State also has powers to intervene. I have no indication that fire and rescue authorities will not adhere to the national service framework. If hon. Members know differently, they should let me know.

Lyn Brown Portrait Lyn Brown (West Ham) (Lab)
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On 15 December, the Minister said that if someone fails a fitness test

“through no fault of their own”—

and they do not qualify for an ill-health retirement, they will get

“an alternative role or an unreduced pension.”—[Official Report, 15 December 2014; Vol. 589, c. 1153.]

The Minister further confirmed that that would be put on a statutory footing in the national framework. Will she confirm that the national framework does not guarantee a full pension or redeployed role? It merely requests fire authorities to consider options for redeployment or a full pension. It is a sham guarantee—it is no guarantee. How does the Minister square what she told the House with the ministerial code?

Penny Mordaunt Portrait Penny Mordaunt
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This is about protecting the firefighters whom the hon. Lady—who was in the Department when the changes were made in 2006—is asking to work until the age of 60. This is an improvement on the previous situation. There are two reasons why we have introduced the new measures: first, those older workers should have those protections; secondly, we recognise that the fear of being in that situation may have an impact on recruitment and retention. This scaremongering by the Opposition is shameful, and I would ask them to put the well-being of firefighters ahead of pandering to the militant wing of the Fire Brigades Union.

Barry Gardiner Portrait Barry Gardiner (Brent North) (Lab)
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T2. If he will make a statement on his departmental responsibilities. Will the Minister confirm that—

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Andrew Stephenson Portrait Andrew Stephenson (Pendle) (Con)
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T3. My right hon. Friend the Secretary of State and the Under-Secretary of State for Communities and Local Government, my hon. Friend the Member for Keighley (Kris Hopkins) have both kindly visited the largest redundant mill complex in Lancashire, Brierfield mill in my constituency. Following the fantastic news of Government funding for the project in last week’s growth deal, will Ministers commit themselves to continuing to work with Pendle borough council and myself to move forward this massive regeneration project?

Penny Mordaunt Portrait The Parliamentary Under-Secretary of State for Communities and Local Government (Penny Mordaunt)
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I can certainly give my hon. Friend that assurance, and I congratulate him on all he has done to be champion for his local area. I will be up there next week talking to his local enterprise partnership about how we can take things forward.

Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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I want to return to the very serious matter of what the House was told in December about firefighters’ pensions. As we have just heard, firefighters are clear that the Minister gave them a guarantee that if they could not meet the fitness standard and could not be found another job, they would go on an unreduced pension. The Secretary of State—my question is to him—told the Communities and Local Government Select Committee the following day that if firefighters

“cannot be redeployed, the effect of yesterday’s decision is that they will get a full pension.”

However, the statutory instrument makes it clear that the fire and rescue authorities only have to “have regard” to the guidance in carrying out their duties. If that is the case, can the Secretary of State please explain how on earth that constitutes a guarantee?

Penny Mordaunt Portrait Penny Mordaunt
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The national service framework is something that is within our gift. We have changed it and put the principles within it on a statutory footing. They are not optional. There is no wriggle room for fire and rescue authorities. Clearly, fire and rescue authorities are responsible for their own policies locally, but I have no indication that they will deviate from the national service framework. If they do so, and we find that they are doing so, we will act. The Secretary of State has powers in the Fire and Rescue Services Act 2004 to do that. I say to Opposition Members that this is a vast improvement on what they gave firefighters. It is a step in the right direction to protect older workers. If, as the work of the fitness group progresses, there are further things that we can do once good practice is agreed upon, we will of course consider them. This is doing firefighters a grave disservice and it is undermining confidence in the fact that all firefighters—men and women—can enjoy a full career in the service.

Hilary Benn Portrait Hilary Benn
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I note that the Secretary of State did not want to respond in respect of his own words. But I say to the hon. Lady that the reason there is no confidence is that she and the Secretary of State have failed to give effect to the promise that they made. If she is looking for proof of that, may I quote to her what the London Fire Brigade said in correspondence to the Fire Brigades Union? She says that she has seen no evidence so she should really keep up. The FBU had written to the London Fire Brigade after the debate in December and asked whether there would be a guarantee. The London Fire Brigade said that it had taken legal advice, which

“confirms the position previously notified to DCLG by the Authority, most recently on 9 December 2014, that if DCLG wished to offer such a guarantee then it would need to change the regulations to enable that to happen.”

It then went on to say that

“the Authority is unable to give any guarantee.”

Firefighters are understandably angry because it turns out that the guarantee that they were promised in December on the basis of that was not a guarantee. Will the Minister do what she promised and apologise?

Penny Mordaunt Portrait Penny Mordaunt
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I will not apologise for improving the situation of firefighters. Firefighters had been asked to work until 60 without any protections. We have introduced those protections. I also have to say that I have no trouble keeping up with what the FBU wishes to tell us. Not only do I have its letters, but I have letters also from the Secretary of State. Those letters are not only in the FBU’s font but have even managed to get his job description wrong.

Duncan Hames Portrait Duncan Hames (Chippenham) (LD)
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T5. One fire authority responding to queries from firefighters about how it was going to honour the Minister’s commitment wrote to them and said: “We are advised that the addendum to the National Framework…continues to provide discretion over the award of an unreduced pension…We are further advised that such discretion cannot be fettered, and that to provide the ‘guarantee’ you are seeking would be unlawful.”Will the Minister begin the audit to which she has committed and ensure that fire authorities honour the commitment that she has made?

Penny Mordaunt Portrait Penny Mordaunt
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Of course, if a firefighter loses fitness through their own fault—by neglecting to go to the gym, to train and to keep up to date with the requirements placed on them—fire authorities have the discretion not to award a pension, which is quite right. Where that is not the case, the authorities must award a pension. The audit will take place. There is work going on at the moment with the fitness group that was set up, and I am pleased to update the House that women in the fire service now have a permanent seat on that fitness group. The group will come up with good practice that I hope all fire authorities will follow.

Pat Glass Portrait Pat Glass (North West Durham) (Lab)
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T8. Durham is ranked the fifth most deprived area in the country on the Government’s own index and is recognised as having much higher need than other wealthier areas. If we are all in this together, will the Minister explain why Durham unitary authority has lost £180 spending power for every man, woman and child in Durham, while Wokingham authority, one of the wealthiest areas in the country, has seen a gain in its spending power for every man, woman and child?

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Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South East) (Lab)
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T9. Why does the Under-Secretary of State for Communities and Local Government, the hon. Member for Portsmouth North (Penny Mordaunt) think that the fire authorities are saying that this is not a guarantee?

Penny Mordaunt Portrait Penny Mordaunt
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The fire authorities cannot deviate from the national service framework unless they choose to break the law. The measure will not come into effect until 2022 and we have undertaken to carry out a full audit in three years’ time of how they are adopting the fitness principles. If we find that fire authorities are not following and honouring those principles, we have powers to intervene. I do not understand why the issue is causing difficulty for the hon. Lady.

Robert Halfon Portrait Robert Halfon (Harlow) (Con)
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Harlow has had more than 100 illegal Traveller encampments over the past 15 months, yet the chief constable of Essex says that he does not have the power to remove them and cites human rights legislation. Will my hon. Friend the Minister please have urgent discussions with the chief constable, set out what the powers are and tell them to stop hiding behind Association of Chief Police Officers guidelines?

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Andy McDonald Portrait Andy McDonald (Middlesbrough) (Lab)
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Does the Under-Secretary of State for Communities and Local Government, the hon. Member for Portsmouth North (Penny Mordaunt) not accept that for a promise and guarantee made to this House in December to be in tatters by January does nothing to help good industrial relations? Is not the general secretary of the FBU entirely right to say that firefighters have been utterly cheated?

Penny Mordaunt Portrait Penny Mordaunt
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The fitness principles came into effect on 12 January, and no amount of spin from Opposition Members can undo that. Firefighters will have a guarantee: if they are working beyond the age of 55 and lose fitness through no fault of their own they will get an alternative role or, if none is available, an unreduced pension. If fire authorities do not do that, the Secretary of State has powers to intervene.

None Portrait Several hon. Members
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rose—