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Pension Schemes Bill [Lords] - Sitting 1

03 November 2020

Proposing MP
Blackley and Middleton South
Type
Public Bill Committee

At a Glance

Issue Summary

Graham Stringer discusses the procedural matters for the Public Bill Committee meeting on the Pension Schemes Bill. The statement discusses cross-party support for pension reforms and the introduction of collective defined contribution (CDC) schemes. The MP is supporting the Pension Schemes Bill [Lords] which aims to establish Collective Defined Contribution (CDC) pension schemes. The statement discusses the Pension Schemes Bill and its implications for collective defined contribution (CDC) schemes. Graham Stringer is discussing amendments and clauses related to pension schemes, focusing on diversity considerations in trustee board recruitment. The statement addresses amendments to the Pension Schemes Bill regarding fairness provisions for Collective Defined Contribution (CDC) schemes. The statement discusses the regulations and principles surrounding Collective Defined Contribution (CDC) schemes under clause 18 of the Pension Schemes Bill. The speaker discusses the need for pension scheme trustees to consider fairness among different generations and cohorts, particularly in the context of economic uncertainty caused by the pandemic. She also advocates for diversity on trustee boards. The statement discusses the lack of diversity among pension scheme trustees in the UK, particularly regarding gender, ethnicity, and age. MPs are discussing amendments related to intergenerational fairness in CDC pension schemes and diversity on trustee boards. Graham Stringer is discussing various clauses of the Pension Schemes Bill concerning collective defined contribution (CDC) schemes in Northern Ireland. The discussion is about the progression of the Pension Schemes Bill, specifically addressing regulatory powers for collective defined contributions (CDC) schemes. The statement addresses the regulatory weaknesses exposed by corporate failures such as BHS and Carillion, highlighting the need for stronger action from the Pensions Regulator. Graham Stringer discusses amendments aimed at protecting professional advisers from criminal liability under clause 107 of the Pension Schemes Bill. The statement discusses concerns raised by industry bodies regarding clause 107 of the Pension Schemes Bill, which may criminalize routine business activities. The debate concerns amendments related to the offence of avoidance of employer debt in pension schemes and the inclusion of a reasonable excuse defence.

Action Requested

The MP requests that members respect social distancing guidelines, switch electronic devices to silent mode, and email speaking notes to Hansard colleagues. He also outlines the schedule of the Committee meetings and the order of proceedings.

Key Facts

  • The Public Bill Committee will meet at specified times on Tuesday 3 November and Thursday 5 November.
  • The proceedings will cover clauses from 1 to 99, schedules from 1 to 10, new clauses, and new schedules.
  • Written evidence received by the Committee will be reported to the House.
  • Pensions policy works on a cross-party basis.
  • Automatic enrolment was introduced by Labour, brought forward under the coalition government, and expanded under the Conservative government.
  • The Pension Protection Fund was a success of Blair’s Labour Administration.
  • The Bill has 98% cross-party agreement.
  • CDC schemes would become an alternative for organisations like Royal Mail.
  • There are around 141,500 Royal Mail employees involved in this process.
  • Modelling shows that the Royal Mail CDC scheme would have provided better outcomes during the pandemic compared to traditional DC schemes.
  • The Royal Mail CWU agreement is highlighted as a ground-breaking achievement.
  • CDC schemes are expected to provide at least 30% higher income in retirement compared to individual savings followed by annuity purchase.
  • Clause 47 of the Bill grants powers for multi-employer CDC schemes and master trusts.
  • The Pension Schemes Bill allows for pioneering CDCs introduced by Royal Mail and the CWU.
  • Simplified pension statements and pensions dashboards are being implemented to improve communication.
  • Fluctuation risks will be transparently communicated at various points in a member's pension journey.
  • Extensive engagement with members by Royal Mail and CWU is highlighted as an example for future CDC schemes.
  • Graham Stringer is discussing Government amendment 6.
  • Amendment 25 aims to require pension schemes to send information on trustee board diversity to TPR.
  • The proposal includes considerations for age, gender, and ethnicity.
  • Government amendment 6 removes the provision for specific fairness requirements in clauses 27(3).
  • The Communication Workers Union and Royal Mail support the government's approach to regulating fairness.
  • Regulations under clause 18 will require CDC schemes to ensure no difference in treatment between different member cohorts or age groups.
  • The regulations under clause 18 require schemes to ensure no difference in treatment between different cohorts or age groups when calculating benefits.
  • Companies must seek permission from the regulator to go down the CDC route and undergo a supervisory regime.
  • The Pensions Regulator launched an assessment of trustee board diversity across all pension schemes in February this year.
  • An industry working group will be set up to bring together available material and experience on improving scheme board diversity.
  • The amendment tabled by Lord Sharkey seeks to require trustees to assess whether a scheme is operating fairly for all members.
  • Baroness Stedman-Scott stated that the Government would consider how such reporting might work in practice and consult on any approach if necessary.
  • Amendment 25 aims to require pension schemes to send information on trustee board diversity to the Pensions Regulator.
  • 68% of FTSE 100 company directors are male, with only 7.4% from black, Asian or minority ethnic backgrounds.
  • Only 2.5% of pension scheme trustees are under 30 years old, while 50% of chairs are over 60.
  • The gender pensions gap is nearly 40%, almost twice the size of the gender pay gap.
  • Amendment 6 relates to clause 27, which aims to ensure intergenerational fairness in CDC pension schemes.
  • Amendment 25 seeks to require trustees to report back on the characteristics of their membership to enhance diversity.
  • The Minister has concerns about defining fairness legally and prefers nebulous future regulations over clear principles.
  • Clauses 52 to 102 replicate measures outlined in clauses 1 to 51 and apply them specifically to Northern Ireland.
  • CDC schemes are considered appropriate for Northern Ireland's pension system.
  • Several clauses and schedules (53-57, 58-95, 96-99, 100-102) will be put forward for a single vote.
  • The Pension Schemes Bill includes clauses addressing CDC schemes.
  • Regulatory powers are agreed upon broadly but will be debated specifically in clause 107.
  • Enhanced powers will be given to the regulator on an ongoing basis.
  • BHS had a £43 million surplus when bought by Sir Philip Green in 2000.
  • By 2015, BHS pension schemes were short of assets by almost £350 million compared to liabilities.
  • Carillion left a pension liability of around £2.6 billion affecting 27,000 members.
  • The Pensions Regulator took over four months after receiving the recovery plan for BHS before taking action.
  • Amendments 19 and 20 aim to protect professional advisers from criminal liability.
  • The Institute and Faculty of Actuaries has serious misgivings about clause 107's potential impact.
  • Examples include government entities terminating contracts, employers giving pay increases, or banks refusing loans.
  • The Pensions Management Institute expressed alarm about clause 107.
  • Letters from the Joint Industry Forum dated 11 December last year and 9 September this year have suggested possible changes.
  • The Minister has engaged with various organizations regarding these concerns.
  • Neil Gray is not wholly satisfied with the Minister’s explanation.
  • Two amendments aim to narrow and focus the intention of the clause and ensure protection for people legitimately carrying out duties related to pension schemes.
  • The Committee voted on the amendments: Ayes 2, Noes 10.
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