Pension Schemes Bill [ Lords ] (First sitting)

Debate between Stephen Timms and Neil Gray

Committee stage & Committee Debate: 1st sitting: House of Commons
Tuesday 3rd November 2020 Public Bill Committees

[Neil Gray]

Amendments 19 and 20 are in my name and that of my hon. Friend the Member for Gordon, and for the reasons that other members of the Committee have outlined we support part 3 of the Bill. We are also incredibly supportive of the principles of clause 107, which introduces new criminal offences aimed at deterring occupational pension schemes, sponsoring employers or scheme trustees from engaging in wrongdoing in relation to their pension scheme. We would not table the amendments if we were not concerned, and if serious concerns had not been raised about the clause.

We think the clause will act as a strong deterrent against those who would wilfully run a scheme down, as we have seen happen in the not too distant past, and as was outlined earlier by the Chair of the Work and Pensions Committee, the right hon. Member for East Ham. However, the new criminal powers are wide-ranging and have the potential—I am sure it is unintentional—to criminalise routine behaviour by parties involved with pension schemes and those who are not directly involved at all, such as lenders and those doing business with a pension scheme’s employers. That could have damaging knock-on effects for the viability of the pension scheme, if those who dealt with it, or employers, deemed that that legal risk was intolerable.

We have been working with the Institute and Faculty of Actuaries, which the Minister previously quoted in his favour in relation to part 3 of the Bill, as it has serious misgivings about the impact that the clause could have. It suggests that a wide range of conduct has the potential to have a detrimental effect on the likelihood of scheme benefits being met, in which case schemes might fall foul of the proposed current wording of clause 107.

The Institute and Faculty of Actuaries says, for example, that such conduct might include a Government entity terminating an outsourcing contract, where the contractor has a pension scheme; an employer giving employees a pay increase; a Government increasing corporation tax or business rates; a landlord increasing rents, where the tenant has a pension scheme; trustees or a scheme actuary granting an augmentation or increase to members without additional employer contributions; or a bank refusing to lend to an employer. That view is also supported by the Pensions and Lifetime Savings Association.

Our amendments would protect professional advisers from criminal liability for carrying out their role. That could be achieved in the Bill if the duties and responsibilities of an individual were considered when determining whether a person intended to commit an offence. The amendments would clarify matters in adding the question of negligence, which we feel is the intention behind the clause, but which is not explicit. They would also make it clear that a person’s role and responsibility should be considered.

The intended effect is not to change the policy aims of the legislation—far from it—but to clarify the extent of the powers and, in doing so, protect professional advisers from criminal liability for legitimately carrying out their roles. We therefore hope that the Government will accept the amendments.

[Stephen Timms]

I have listened with great interest to the case that the hon. Member for Airdrie and Shotts has been making. I have also been contacted by a reputable industry body, the Pensions Management Institute, as well as the Institute and Faculty of Actuaries, which has been mentioned. They expressed alarm about the consequences of clause 107, which the hon. Gentleman has raised concerns about.

I have seen, for example, letters to the Minister from the Joint Industry Forum, which is a genuinely cross-industry group. One is dated 11 December last year, and the other is dated 9 September this year. They suggest possible changes and discussions with officials about how the difficulties could be overcome. I hope the Minister will tell us what discussions there have been since those letters, to try to resolve the problem, and what his conclusion was.

Employment and Support Allowance

Debate between Stephen Timms and Neil Gray

Tuesday 18th April 2017 Commons Chamber

[Neil Gray (Airdrie and Shotts) (SNP)]

Earlier today, we were all gripped with anticipation for an hour or so as to what the Prime Minister would say at the Downing Street lectern. It was a closely guarded secret. Was she to speak about her own ill health, North Korea, Syria or perhaps even Northern Ireland? In the end, we heard a statement of opportunistic self-interest in calling for an early general election. This evening, we hope we will hear what we have been anticipating for months. We hope we will get some detail on what the Government are doing to honour their promises to long-term sick and disabled people who have been found unfit for work but are losing £30 per week from their employment and support allowance. I intend leaving plenty of time for the Minister to respond to this speech, so that she can finally set out the support that is going to be available for sick and disabled people who are, as of now, receiving £30 a week less than they were before 3 April. I noticed before the debate was due to start that she was walking into the Chamber on crutches. I hope that she has not done herself too much of a disservice and that she is able to take part in the debate in a full and meaningful way.

The ESA work-related activity group is for people who have been assessed as being unfit for work, but who must carry out some form of work-related activity—for example, training courses. There has long been an acknowledgement that people in receipt of ESA WRAG have higher costs associated with their illness or disability in carrying out that work-related activity than someone who is fit for work. That is why ESA WRAG has paid a higher weekly amount than jobseeker’s allowance: it is on the understanding that people will rely on ESA WRAG for longer and have higher costs.

Indeed, the Minister acknowledged that when she said:

“We must ensure a person’s liquidity is in place, so that they can afford the additional costs brought by looking for work, or by being poorly or disabled: higher energy bills; mobile and internet access costs; the cost of getting insurance; the cost of a special diet, in some cases; the extra travel costs that come with unpredictable itineraries; clothing and bedding costs; and the cost of specialised equipment—to name just some of those costs….

When that security and liquidity goes, often so, too, does a person’s dignity and wellbeing.”—[Official Report, 17 November 2016; Vol. 617, c. 462.]

Yes, Minister—indeed. Yet, as of 3 April this Government are going to pay £30 per week less to ESA WRAG recipients to bring their allowance down to the level of jobseeker’s allowance, at £73.10 per week. We do not yet know what the Minister is doing or has done to mitigate the £30 per week cut to ESA WRAG, which it is estimated will realise £640 million in annual savings for the Government in a short space of time. She hinted in the passage I just read out, and further on in that speech on 17 November, that she would take steps financially to mitigate the cut. I shall take some time to look at some more of what the Minister has said on this issue.

[Stephen Timms (East Ham) (Lab)]

Will the hon. Gentleman give way?

--- Later in debate ---

[Neil Gray]

I will of course give way to the right hon. Gentleman, who has contributed a great deal on this subject and from whom I am keen to hear.

[Stephen Timms]

I am grateful to the hon. Gentleman, who is making an important argument. Did he hear, as I did, the Minister give an assurance only three weeks ago in response to a question from the hon. Member for Enfield, Southgate (Mr Burrowes) that the Government will provide full mitigation for the losses incurred by ESA claimants in the work-related activity group? Has he yet heard any information at all about any mitigation, let alone full mitigation?

[Neil Gray]

I thank the right hon. Gentleman for that intervention. Several statements have been made, and I shall come on to speak about them, but we have not had any detail about how they are going to be realised. I hope that this debate can impress it on the Government that they should finally provide that detail, albeit sadly after the changes have been introduced.

Employment and Support Allowance and Universal Credit

Debate between Stephen Timms and Neil Gray

Thursday 17th November 2016 Commons Chamber

[Neil Gray (Airdrie and Shotts) (SNP)]

I beg to move,

That this House notes the Government’s plans to reduce the Employment and Support Allowance work-related activity component and the corresponding limited capability for work component in universal credit in April 2017; further notes that this measure will cut the weekly amount received by recipients with long-term health conditions or disabilities by £30 and that these cuts are due to take place before the promised Work and Health programme Green Paper can be considered or implemented; and therefore calls on the Government to use the upcoming Autumn Statement to postpone the cuts to Employment and Support Allowance work-related activity component and the corresponding limited capability for work component in universal credit until appropriate alternative measures to progress the commitment to halve the disability employment gap have been considered, in order to secure support for current and future claimants so that sick and disabled people are supported adequately when they are unable to work.

I thank the Backbench Business Committee for accepting my application for this urgent debate today. It was brought to the Committee at short notice and with my added time pressures ahead of the autumn statement, so I am grateful to the Committee. I am grateful also to the MPs from nine parties in this Parliament who supported the motion.

From April 2017, new employment and support allowance claimants who are placed in the work-related activity group will receive £29.05 less than do current ESA WRAG claimants. The Welfare Reform and Work Act 2016 legislated for this cut, and the Government promised

“new funding for additional support to help claimants return to work.”—[Official Report, 8 July 2015; Vol. 598, c. 333.]

This afternoon, I intend to set out why the Government should use the opportunity of the autumn statement, a new Prime Minister, a new Chancellor and a new set of Department for Work and Pensions Ministers to pause the cuts to ESA WRAG and the corresponding universal credit work allowance elements, at least until the new system that they are to propose has been scrutinised and implemented.

[Stephen Timms (East Ham) (Lab)]

I agree with the motion. Does the hon. Gentleman recall, as I do, that the Conservative party manifesto said that the target for increasing employment support for disabled people was to halve the disability employment by 2020, and does he share my dismay that that target has been abandoned?

[Neil Gray]

I sincerely hope that it has not been abandoned and that the Government will continue to work towards it. I will come to that later in my speech.

It is clear to me that it is not Opposition politicians but Government Back Benchers who are most influential in changing the minds of Ministers, especially when those Ministers currently have such a narrow majority, so I am pleased to have the support of at least five Conservative Members for this motion. In their actions in supporting this debate, they are indeed honourable, for it is not an easy thing to go against the current thinking of their party. I am aware that a number of other Conservative Members are expressing their concerns in private, and some have made more public statements of concern, such as the right hon. Member for Wokingham (John Redwood) and the former Secretary of State for Work and Pensions, the right hon. Member for Chingford and Woodford Green (Mr Duncan Smith). I am not standing here today to lambast the Government. I am here to make a cross-party appeal to the Government: please press pause on these cuts.

Today is about this new set of Government Ministers having an opportunity to look at this issue again—to look at the timetable of events that have led us to this point and to look ahead to the impact that these cuts will have on nearly half a million sick and disabled people who have been found unfit for work. Yesterday, I attended an event in Westminster with Disability Agenda Scotland, which is an organisation of six disability charities north of the border. One of the speakers at the event really highlighted for me, and should highlight for us all, why this issue is so important.

John Clarke from Stirling spoke about his experience of trying to enter the employment market. He volunteered for 10 years in a charity shop. He took on all the responsibilities that an employee would be expected to take on. He did cash handling, was customer facing and turned up for his shifts in a timeous fashion at all times. He has been making a very meaningful attempt to find work. John has been trying to find paid employment, using the significant experience that he gained from his time at the shop to progress that, but has failed to do so.

John just happens to have a learning disability and is in receipt of ESA WRAG. He is not financially incentivised to be out of work because he is on ESA WRAG; he is desperate to get a job. He needs his ESA WRAG, because he has additional costs associated with finding work, but John also needs the Government to come forward with that additional package that the Prime Minister talked about yesterday—such as supporting employers, publicising Access to Work more widely and helping employers see that someone like him would be an asset, not a liability, to their workplace.

What is most concerning for me about John’s story is that he has a new volunteering role after moving on from the charity shop, but the jobcentre wants him to stop that so he can come in to carry out job searches. I put it to those on the Treasury Bench today—what is more beneficial to John, not just for his ability to get a job, but for his emotional wellbeing, his self-worth and his feeling of contributing to society?

This is where we come to the crux of the issue, and John summed it up so well. He said, “Everyone has needs and it is important that these needs are met.” That is the starting point from which the UK Government should be working. We cannot escape the fact that part of that need is financial. It is worth remembering that the rationale for paying some claimants more than others was considered by Richard Berthoud in his 1998 report on disability benefits. He found that the primary reason historically was that those who have to live for a long time on social security could not be expected to survive on the very low income available as a temporary measure for a short-term claimant.

Some people may argue that those who currently receive ESA WRAG, like John, will not be affected by the cut, but as people fall in and out of work, with many of those who receive ESA WRAG the subject of fluctuating conditions, they could well be affected. So if John gets a job after April next year, which I hope will happen sooner for him, and if, unfortunately, it does not work out, although obviously I hope it does, John will reapply for ESA, but will receive £30 per week less than he does now. That is a reduction in income of almost a third between what John receives now and what he would receive next year.

This cut will create two tiers of disability support and create an arbitrary cut-off for people to receive a reduced support rate, purely by virtue of their application date. The Scottish Association for Mental Health agrees. It says that this cut could provide a perverse disincentive to work for people with mental health conditions, who make up 49% of ESA WRAG recipients. It says that people who are currently in receipt of ESA may be affected by the forthcoming change in April 2017 if they have been claiming the benefit and move into work before they are well enough to do so.

Why should John’s peers who apply for ESA WRAG next year get two thirds of the support that John gets now and could continue to receive if, sadly, he does not find a job? John just wants a job. He is not incentivised to be out of work because of ESA WRAG payments. Such a suggestion is an insult to John and to the hundreds of thousands of sick or disabled people like him who want to work but struggle to get noticed in the employment market. The Government will add to that frustration and the feeling of rejection by telling them that the £30 a week lifeline is being pulled away because it somehow holds them back.

The payment of a higher rate of ESA WRAG compared to jobseeker’s allowance was supposed to acknowledge the longer time that someone in that position will take to find employment. It was also supposed to acknowledge the additional costs that someone with a long-term illness or disability incurs as they carry out work-related activity. Scope is particularly concerned at this aspect and says that this cut to disability support will have an impact on the financial wellbeing of sick and disabled people, leaving them further from work, not closer. Its research suggests that 49% of disabled people rely on credit cards or loans to pay for everyday items such as food and clothing.

New figures today from the StepChange Debt Charity show that a third of ESA recipients were running a budget deficit, and that figure could rise to over a half if they had a cut to their income, however small that cut. John’s experience shows us that it is not easy to tell ESA WRAG recipients to find work to make up for that cut. He has done everything he can to do that.

This leads me on to the timing issue before us. During the debates on the Welfare Reform and Work Bill, the Government at the time said that they would find new funding for additional support to help claimants return to work—new money and a new system, which was included in the work and health programme White Paper, now the Green Paper. I argued then and I repeat now, that the Government cannot cut away this lifeline support before the new system of support is in place, otherwise there will be a vacuum of support from April. ESA WRAG will no longer be available for new or returning clients, but the new system, which the Government hope will do a better job, will also be unavailable.

The Government need to get the horse back in front of the cart. They need to put these cuts on pause, at least until we can see what is coming forward. Their new system is still in Green Paper consultation form. The ESA cuts happen in four months. Even if the new system will be better, we have seen nothing more than consultation proposals, and we do not know when the new system will be implemented.

That view is supported by the Disability Benefits Consortium, which represents 60 disability charities. It has published an open letter today, which is signed by 74 disability charities and other organisations, including Action on Hearing Loss, Age UK, the National Autistic Society, Enable Scotland, Action for ME, Carers UK, the MS Society, the Royal College of Psychiatrists, Scope, Mencap, the Royal British Legion, Citizens Advice and dozens of others I wish I had time to mention individually, as they represent health conditions and disabilities that hon. Members’ families, friends and, certainly, constituents will have. Those organisations say that this cut will undermine the Government’s welcome commitment to halve the disability employment gap. Their survey of over 500 disabled people found that seven out of 10 said that ESA cuts will cause their health to suffer. More than a quarter said they sometimes cannot afford to eat on the amount they currently receive from ESA, and nearly half said that this cut will probably mean they will return to work later than they would have done.

The Government predicted that savings of £450 million a year would be realised from these cuts. Just two weeks ago, we saw the welcome publication of the health and work Green Paper, which sets out the options for the Government to create a replacement system. The budget for that for next year is £60 million, rising to £100 million by 2020-21. That does not equate to new money; it does not even match the cuts being made to ESA WRAG—a point echoed by today’s open letter from the charities, which cannot see where the additional support for disabled people to find work will come from, or how it will mitigate the effects of the cut.

There must also be concern on the Treasury Bench after the Supreme Court ruling on the bedroom tax. Letters, which have been published, between the Equality and Human Rights Commission and the hon. Member for Birmingham, Hall Green (Mr Godsiff) highlight the concerns the EHRC has regarding the Government’s impact assessments on these cuts.