Nuclear Decommissioning Industry: Pensions

Philippa Whitford Excerpts

Tuesday 21st March 2017 Westminster Hall

[Patricia Gibson]

I very much concur with the hon. Lady. We are seeking a response from the Minister that will show fairness and an understanding of what such workers have already gone through and of the assurances that were made. All future action should take full account of that.

As I said, redundancy is an inherent part of the employment of decommissioning workers, since cleaning nuclear sites is time-limited. The prospect of redundancy is therefore written into the job in a way that does not apply to any other. The job of a worker at a nuclear decommissioning site is highly technical, skilled and sometimes even dangerous. The prospect of redundancy being in-built in people’s jobs is bad enough, but to have their pension eroded at what increasingly looks like regular intervals is simply unacceptable. It creates disincentives for workers to enter or stay in the industry, and it is extremely bad for morale.

The uncertainty created by that erosion of pensions affects not only the workers, of course, but their families and their financial planning for their retirement, and it shows with crystal clarity that any legal protections offered by Governments to workers mean nothing when they can be ripped up and disregarded when convenient. I raised that very matter at Treasury questions two months ago and was told by the Chief Secretary to the Treasury that

“it is necessary to have terms and conditions that reflect the modern situation that applies across the economy as a whole.”—[Official Report, 17 January 2017; Vol. 619, c. 769.]

Will the Minister tell me how that response squares with the cast-iron guarantees made to workers when the nuclear estate was privatised? Were the workers told that those so-called cast-iron guarantees were actually written on water?

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

Is that not a constant theme? People take out pensions in good faith, whether state or private, to plan for something that might happen 20, 30 or 40 years later, but by the time they get there the goalposts have been moved.

[Patricia Gibson]

Absolutely, and I will discuss that later in my speech. There is indeed a chilling wider pattern and a broader narrative becoming increasingly apparent as each day passes.

Those workers are classed as public sector workers, but their terms and conditions are not devolved to the Scottish Parliament as they are for other public sector workers. Indeed, Scottish nuclear workers still have their severance and early retirement terms dictated by the UK Government. The goalposts are clearly being moved when it is deemed financially beneficial for the Government or the industry, while the pensions interests of the workers are a secondary consideration.

The Office for National Statistics classified Magnox as a public sector organisation, which means that the pensions of its workers are in scope of reform by the UK Government, despite the fact that they work on sites that have been privatised. The UK Government have proposed to reform IR35 tax arrangements for contractors working in the public sector or for public authorities. Draft guidance from the Government uses the definition of a public authority contained in the Freedom of Information Acts, which includes bodies specifically listed in schedules to the Acts, publicly owned companies and any other body designated as a public authority by the Secretary of State. Interestingly, Magnox is not listed in the schedules, and that is because it is a privately and not publicly owned company. Consequently, the Freedom of Information Acts do not apply to Magnox except where stipulated in employee contracts with the NDA, and so neither do the IR35 reforms.

Nothing but confusion and concern can be caused by the use of different definitions of the public sector in different legislation and UK Government proposals. That is a matter of concern to the Nuclear Decommissioning Authority as well as to nuclear decommissioning workers. The reason it matters so much to the workers at Hunterston A and other sites throughout the United Kingdom is the adverse financial impact such definitions will have on the employees of Magnox. The goalposts must not be moved and definitions must not be manipulated by the powers that be to the financial detriment of those who work on such sites day in, day out.

I wrote to the Secretary of State for Business, Energy and Industrial Strategy on that very issue, asking for the apparent confusion to be clarified. I sent my letter on 7 February but, to date, I have had no response—presumably the Secretary of State himself is trying to work out the apparent contradiction. I hope he is able to do so soon, because the workers in Hunterston A and the rest of the industry are waiting on tenterhooks for him to dispense his wisdom about such a bewildering state of affairs.

All of that comes hard on the heels of the punitive exit payments cap, which will have a hugely detrimental impact on the pensions and redundancy payments of over-55s made redundant after years of service. As I have pointed out, those workers are caught up in the problem because they have been classified as public sector workers, even though they are employed in the private sector. The only fair and reasonable thing to do would be for the UK Government to announce that those workers are to be exempt from the exit payments cap under the Enterprise Act 2016.

--- Later in debate ---

[Margot James]

I will certainly pass on the hon. Gentleman’s kind invitation to meet to my hon. Friend the Energy Minister. He is gainfully employed at the moment, meeting the Treasury, with the interests of the NDA workforce very much near his heart. I am sure that he will consider the invitation proffered.

[Dr Philippa Whitford]

We had a debate regarding Hewlett-Packard’s takeover of Digital Equipment’s workforce. At that time, the Minister responding said that nothing could be done because it was a purely private company. However, in this instance, as my hon. Friend the Member for North Ayrshire and Arran (Patricia Gibson) said, the goalposts have been moved in the definition of public and private and back again, so the Government can do something for these workers.

[Margot James]

The hon. Lady makes a good point about the difference in the nature of the public-private definition. The industry has had £15 billion of Government and taxpayers’ support, so it sits where it sits. My officials will reflect on the views that all Members have given today, as we consider further the options for NDA pension reform. The Government will set out the next steps following the NDA consultation on pension reform.

Question put and agreed to.