AEA Pension Scheme

Debate between Richard Fuller and Ian Blackford

Wednesday 26th October 2016 Westminster Hall

[Ian Blackford]

I will do so, Ms Dorries, as I was intending to.

I congratulate the right hon. Member for West Dorset on securing this important debate. He has been assiduous in pushing the case, and his suggestion this afternoon of looking at amending the law as it affects the ombudsman certainly has some merit.

I also congratulate the right hon. Member for Wantage (Mr Vaizey). He has very accurately shown what happened with the advice that was given, some of the deficiencies that were there, and the possible interference from AEAT in that process and the advice that was given.

As my hon. Friend the Member for Caithness, Sutherland and Easter Ross (Dr Monaghan) said in his concluding remarks, we need to remember that pensions are a contract, not a benefit. Those who have paid in to pension schemes deserve to get their due entitlement. It is the responsibility of the UK Government to ensure that there is confidence in the pensions industry throughout the UK. We all look forward to a time when people can save in pensions, secure in the knowledge that they will get their due entitlement. We need to have that confidence, and it is the Government’s responsibility to ensure that the Pensions Regulator and the ombudsman discharge their obligations to ensure that the consumer interest is protected.

It is clear that pension scheme members in this case, as we heard last week in a debate in the main Chamber on the BHS scheme, are not fully protected—they are not protected to the extent that they should be. Lessons must be learned and appropriate action taken. Whether that is done through the ombudsman or the regulator is a moot point and we can come back to it in due course. What needs to be remarked on today is that, with the AEAT scheme ending up in the Pension Protection Fund, those who worked for the company when it was in the public sector have, among others, lost pension entitlement. The Government cannot walk away from their obligation to what were public sector workers. That is not acceptable.

It is clear from its conduct that the UK Government Actuary’s Department has ducked its responsibility to the AEAT pension scheme members. Liability has to lie somewhere. As discussed in a Westminster Hall debate on this topic in March last year, the Government Actuary’s Department was the author of a leaflet designed to inform pension scheme members of their next course of action in the light of the creation of AEAT. According to evidence given to the Pensions Ombudsman Service, that leaflet suggested three options, but also said that it was unlikely that the UKAEA scheme would fail or that

“the benefit promise made by either the UKAEA scheme or the AEAT scheme would ever be broken.”

That was in my book an inducement and assurance to the scheme members. Who will stand behind the scheme members who were made those promises? Will the Minister accept that the Government at least have a moral and ethical responsibility?

[Richard Fuller]

I heard the hon. Gentleman make these points in the British Home Stores debate last week. Does he not think that it will be very difficult for the Government to take action on employer behaviour that seems to fall below the norms that they would expect if they do not keep their own ship in order?

[Ian Blackford]

The hon. Gentleman makes a very valid point. I argued last week and argue again today that we must learn the lessons of the failure that has taken place. We have to ensure that we create confidence in pensions—that is what emerges, whether we are talking about BHS, the AEAT scheme or many others. We have to look at the responsibility that the regulator and the trustees have, but it is a responsibility, ultimately, that we all have as legislators.

The pensions ombudsman said that the scheme’s post-privatisation survival, and hence scheme benefits, were not guaranteed:

“AEAT was a private sector company and so there was a risk of the company getting into financial difficulties or failing altogether.”

It is clear that the circumstances surrounding the information provided by GAD at the time of the transfer, or the lack thereof, warrant thorough investigation in the light of AEAT being unable to meet its commitments. If it is the case that vital information was left out of the leaflet, it is a serious matter and must be treated as such.

This would certainly not be the first time that a UK Government Department has been found guilty of misinforming pensioners. The shambolic handling of the notification process for the WASPI women has meant that thousands of women born in the 1950s face hardship, having unexpectedly to push back their retirement by years. The members of the AEAT scheme deserve a full and thorough investigation that incorporates the timelines from the creation of UKAEA to the present so that mistakes can be identified and those responsible held to account. When hard-working employees are promised a pension and it is not delivered, there should be a concerted effort to establish a thorough and independent investigation to determine accountability and all avenues that can be explored to protect pension rights.

The Scottish National party has long called for the establishment of an independent pensions commission to build the architecture to ensure that employees’ savings are protected, and that a more progressive approach to pensions is taken. Will the Minister commit the Government to doing that today? There are far too many issues affecting pensions policy and they need to be addressed in a holistic manner. Establishing a pensions commission would be an important step in ensuring fairness in pensions policy, dealing with problems such as this one and building confidence in pension saving.

In summary, I look forward to hearing the Minister’s response. For the first time in his capacity as Pensions Minister, I welcome him to the debate, and also welcome the Labour Front-Bench spokesman, the hon. Member for Stockton North (Alex Cunningham).