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9.36 pm

Mr. Kilfoyle: With the leave of the House. I know that the Minister is anxious to answer the many points that have been made. May I commend him for the magical letter of 10 November to which many of us have referred? The letter was so good that the hon. Member for Castle Point (Dr. Spink) made it seem like a remedial reader-- something that should be used more often by Conservative Members.

I should like to ask the Minister two serious questions arising from the debate. First, it is recognised by all hon. Members that the Teachers Pensions Agency has been extremely cost-effective and efficient in dealing with the teachers superannuation scheme. On that basis, if no other, why was it frozen out from bidding for the work? The Government know that the TPA observes commercial disciplines and that it has shown in practice how effectively it can compete with anyone in the private sector.

Secondly, will the Minister announce whether he will publish the notes of the discussions that were held with the chosen companies that led to the terms, conditions and excuses set out in the letter of 10 November?

9.38 pm

Mr. Robin Squire: This has been an interesting debate, although I sense that Opposition Members did not either read my famous letter, which is now to be immortalised-- I cannot wait for the video--or take into account the comments that I made earlier.

I begin by thanking my hon. Friend the Member for Castle Point (Dr. Spink) for his comments. I share his praise for teachers, and I can confirm that they have a good pension scheme. The scheme is not in any way at risk as a result of the order. As for confirmation of each of the points that he rightly mentioned, I have to save time--Opposition Members will get a little agitated if I go over them--so I confirm them all, as indeed I did in my opening speech.

I shall try in the time available to answer each of the questions asked, beginning with that asked by the hon. Member for North-West Durham (Ms Armstrong). She asked whether complaints to the pensions ombudsman would be published. The answer is no, because--[Hon. Members: "Shame."] When I have finished, hon. Members may be able to withdraw the "shame". Quite a few people who complain to the pensions ombudsman may not be willing to have the facts and detail of that

27 Nov 1995 : Column 1023

complaint made public. If, however, they wish to make it public, they have, with great respect, any and every way so to do.

The hon. Member for Bath (Mr. Foster), speaking for the Liberal Democrats, asked a question about the ability for personal pensions to be sold to members of the TPA. I assume that he meant those within the scheme, not the staff. I emphasise what I thought I had made clear, but obviously I had not: the contractor will not be able to use data that he holds on members of the scheme to seek to sell any financial schemes.

The hon. Member for Liverpool, Walton (Mr. Kilfoyle) asked whether manual records will be covered by the Data Protection Act 1984. Manual records will be covered by a confidentiality clause in the contract. If those records are computerised in due course, they will of course be covered by the Data Protection Act.

Further to that point and on the same issue, the hon. Member for Bath asked what would happen if the contractor or its agents misused the database. That would be a breach of contract and would be treated very seriously indeed.

The hon. Member for Darlington (Mr. Milburn) understandably spoke on behalf of many of his constituents and his point was emphasised by at least one other hon. Member. The agency is already committed to making significant savings in this and the next two years. The hon. Gentleman can also guess, although it is not absolutely certain, that, logically, those savings may have staffing implications. That is scarcely a strange suggestion to make.

We are considering how best to safeguard the interests of staff at Darlington. If it is decided to allow the private sector to run the scheme, that would, for reasons that I advanced in opening, give significant promise of long-term stability to staff at Darlington.

It is common ground between the hon. Member for Darlington and me that the quality of staff is high, and I emphasise what I said in an intervention: that precisely because the quality is so good, it would scarcely be in the interests of any incoming contractor to consider not locating its business at Darlington. That is where the knowledge and expertise has been built up and where-- obviously--it would remain.

Mr. Milburn rose--

Mr. Squire: If the hon. Gentleman will forgive me, I will not give way. I was generous in giving way. I am conscious that I have only two and a half minutes left and I am trying to deal with quite a few other questions. There will be opportunities to raise matters outside.

The hon. Members for Darlington and for Walton said that it was disgraceful--or words to that effect--that the TPA had not made a bid. It could have done so. Its staff or management could have launched a bid to buy the agency, but they chose not to do so. That was their choice. They were not required to do so, and they did not do so.

The hon. Member for Darlington asked, and I tried to answer, why companies should be consulted on the draft requirements. I shall try one more time to convince him. Administering the scheme is a complex operation--that much at least should be common ground between us. We

27 Nov 1995 : Column 1024

want to give the companies the chance to clarify any points that are unclear. They may also be able to suggest improvements to draft requirements, drawing on their commercial expertise. I confirm, however, that there is no question of watering down the requirements and that there is no suggestion that the companies would seek to do that.

The hon. Member for Bath also asked what discretion the contractor would have in making decisions on entitlements. I can confirm that the Secretary of State would retain control over decisions that affect entitlement to benefits under the scheme or the amount of those benefits.

I will write to hon. Members on points that I have not covered. In essence, there is a choice tonight. There are only two reasons for rejecting the order. The first is that hon. Members have not understood the order and the safeguards that are built into it--I am afraid to say that that may be so--and the second is that hon. Members, especially Opposition Members, are still against the private sector. Despite all the honeyed words of the Leader of the Opposition, who says that Labour has now changed, the reality is that it has not and that is why Labour Members will vote against the order.

It being one and a half hours after the commencement of proceedings on the Motion, Madam Speaker put the Question, pursuant to Standing Order 14B (Proceedings under an Act or on European Community documents).

The House divided: Ayes 244, Noes 205.

Division No. 5
[9.45 pm


AYES


Ainsworth, Peter (East Surrey)
Alexander, Richard
Alison, Rt Hon Michael (Selby)
Allason, Rupert (Torbay)
Amess, David
Arbuthnot, James
Arnold, Jacques (Gravesham)
Arnold, Sir Thomas (Hazel Grv)
Atkins, Rt Hon Robert
Atkinson, David (Bour'mouth E)
Baldry, Tony
Banks, Matthew (Southport)
Bates, Michael
Batiste, Spencer
Bellingham, Henry
Bendall, Vivian
Biffen, Rt Hon John
Booth, Hartley
Boswell, Tim
Bottomley, Peter (Eltham)
Bottomley, Rt Hon Virginia
Bowden, Sir Andrew
Bowis, John
Brandreth, Gyles
Brazier, Julian
Bright, Sir Graham
Brown, M (Brigg & Cl'thorpes)
Browning, Mrs Angela
Budgen, Nicholas
Burns, Simon
Burt, Alistair
Butler, Peter
Butterfill, John
Carlisle, Sir Kenneth (Lincoln)
Carrington, Matthew
Carttiss, Michael
Cash, William
Channon, Rt Hon Paul
Chapman, Sir Sydney
Clappison, James
Clark, Dr Michael (Rochford)
Clifton-Brown, Geoffrey
Coe, Sebastian
Congdon, David
Conway, Derek
Coombs, Anthony (Wyre For'st)
Coombs, Simon (Swindon)
Cope, Rt Hon Sir John
Cormack, Sir Patrick
Couchman, James
Cran, James
Currie, Mrs Edwina (S D'by'ire)
Curry, David (Skipton & Ripon)
Day, Stephen
Deva, Nirj Joseph
Dorrell, Rt Hon Stephen
Douglas-Hamilton, Lord James
Dover, Den
Duncan, Alan
Duncan-Smith, Iain
Dunn, Bob
Durant, Sir Anthony
Dykes, Hugh
Eggar, Rt Hon Tim
Elletson, Harold
Emery, Rt Hon Sir Peter
Evans, Jonathan (Brecon)
Evans, Roger (Monmouth)
Evennett, David
Faber, David
Fabricant, Michael
Fenner, Dame Peggy
Field, Barry (Isle of Wight)
Forman, Nigel
Forsyth, Rt Hon Michael (Stirling)
Forth, Eric
Fox, Dr Liam (Woodspring)
Fox, Sir Marcus (Shipley)
French, Douglas
Fry, Sir Peter
Gale, Roger
Garel-Jones, Rt Hon Tristan
Gill, Christopher
Gillan, Cheryl
Goodson-Wickes, Dr Charles
Gorman, Mrs Teresa
Gorst, Sir John
Greenway, Harry (Ealing N)
Greenway, John (Ryedale)
Griffiths, Peter (Portsmouth, N)
Hamilton, Sir Archibald
Hamilton, Neil (Tatton)
Hannam, Sir John
Hargreaves, Andrew
Harris, David
Haselhurst, Sir Alan
Hawkins, Nick
Hawksley, Warren
Hayes, Jerry
Heald, Oliver
Heathcoat-Amory, David
Hendry, Charles
Hicks, Robert
Higgins, Rt Hon Sir Terence
Hill, James (Southampton Test)
Horam, John
Howell, Sir Ralph (N Norfolk)
Hughes, Robert G (Harrow W)
Hunt, Rt Hon David (Wirral W)
Hunt, Sir John (Ravensbourne)
Hunter, Andrew
Hurd, Rt Hon Douglas
Jack, Michael
Jackson, Robert (Wantage)
Jenkin, Bernard
Jessel, Toby
Johnson Smith, Sir Geoffrey
Jones, Gwilym (Cardiff N)
Jones, Robert B (W Hertfdshr)
Kellett-Bowman, Dame Elaine
Key, Robert
King, Rt Hon Tom
Kirkhope, Timothy
Knapman, Roger
Knight, Mrs Angela (Erewash)
Knight, Rt Hon Greg (Derby N)
Knight, Dame Jill (Bir'm E'st'n)
Knox, Sir David
Kynoch, George (Kincardine)
Lang, Rt Hon Ian
Legg, Barry
Lennox-Boyd, Sir Mark
Lester, Jim (Broxtowe)
Lidington, David
Lightbown, Sir David
Lilley, Rt Hon Peter
Lloyd, Rt Hon Sir Peter (Fareham)
Lord, Michael
Luff, Peter
Lyell, Rt Hon Sir Nicholas
MacGregor, Rt Hon John
MacKay, Andrew
Maclean, Rt Hon David
McLoughlin, Patrick
McNair-Wilson, Sir Patrick
Madel, Sir David
Maitland, Lady Olga
Malone, Gerald
Mans, Keith
Marland, Paul
Marlow, Tony
Marshall, Sir Michael (Arundel)
Martin, David (Portsmouth S)
Mawhinney, Rt Hon Dr Brian
Mellor, Rt Hon David
Merchant, Piers
Mills, Iain
Mitchell, Andrew (Gedling)
Mitchell, Sir David (NW Hants)
Moate, Sir Roger
Monro, Rt Hon Sir Hector
Moss, Malcolm
Neubert, Sir Michael
Newton, Rt Hon Tony
Nicholson, David (Taunton)
Nicholson, Emma (Devon West)
Norris, Steve
Onslow, Rt Hon Sir Cranley
Oppenheim, Phillip
Ottaway, Richard
Page, Richard
Paice, James
Patnick, Sir Irvine
Patten, Rt Hon John
Pattie, Rt Hon Sir Geoffrey
Pawsey, James
Peacock, Mrs Elizabeth
Pickles, Eric
Porter, David (Waveney)
Rathbone, Tim
Redwood, Rt Hon John
Renton, Rt Hon Tim
Richards, Rod
Riddick, Graham
Robathan, Andrew
Roberts, Rt Hon Sir Wyn
Robertson, Raymond (Ab'd'n S)
Robinson, Mark (Somerton)
Roe, Mrs Marion (Broxbourne)
Sackville, Tom
Scott, Rt Hon Sir Nicholas
Shaw, David (Dover)
Shaw, Sir Giles (Pudsey)
Shephard, Rt Hon Gillian
Shepherd, Colin (Hereford)
Shersby, Sir Michael
Sims, Roger
Skeet, Sir Trevor
Smith, Sir Dudley (Warwick)
Smith, Tim (Beaconsfield)
Speed, Sir Keith
Spencer, Sir Derek
Spicer, Michael (S Worcs)
Spink, Dr Robert
Spring, Richard
Sproat, Iain
Squire, Robin (Hornchurch)
Stanley, Rt Hon Sir John
Steen, Anthony
Stephen, Michael
Stern, Michael
Stewart, Allan
Sumberg, David
Sweeney, Walter
Sykes, John
Taylor, John M (Solihull)
Temple-Morris, Peter
Thomason, Roy
Thompson, Sir Donald (C'er V)
Thompson, Patrick (Norwich N)
Thornton, Sir Malcolm
Thurnham, Peter
Townend, John (Bridlington)
Townsend, Cyril D (Bexl'yh'th)
Tracey, Richard
Trend, Michael
Trotter, Neville
Twinn, Dr Ian
Viggers, Peter
Walden, George
Waller, Gary
Wardle, Charles (Bexhill)
Waterson, Nigel
Wells, Bowen
Whitney, Ray
Whittingdale, John
Widdecombe, Ann
Wilkinson, John
Willetts, David
Wilshire, David
Winterton, Mrs Ann (Congleton)
Winterton, Nicholas (Macc'f'ld)
Wolfson, Mark
Yeo, Tim

Tellers for the Ayes:


Mr. Timothy Wood and
Mr. Gary Streeter.


NOES


Ainger, Nick
Ainsworth, Robert (Cov'try NE)
Allen, Graham
Alton, David
Anderson, Donald (Swansea E)
Armstrong, Hilary
Ashdown, Rt Hon Paddy
Ashton, Joe
Austin-Walker, John
Barnes, Harry
Barron, Kevin
Battle, John
Bayley, Hugh
Bennett, Andrew F
Berry, Roger
Betts, Clive
Blunkett, David
Boateng, Paul
Bradley, Keith
Bray, Dr Jeremy
Brown, N (N'c'tle upon Tyne E)
Bruce, Malcolm (Gordon)
Burden, Richard
Byers, Stephen
Caborn, Richard
Callaghan, Jim
Campbell, Mrs Anne (C'bridge)
Campbell, Menzies (Fife NE)
Campbell, Ronnie (Blyth V)
Campbell-Savours, D N
Canavan, Dennis
Cann, Jamie
Carlile, Alexander (Montgomery)
Chidgey, David
Chisholm, Malcolm
Church, Judith
Clapham, Michael
Clark, Dr David (South Shields)
Clarke, Eric (Midlothian)
Clarke, Tom (Monklands W)
Clelland, David
Clwyd, Mrs Ann
Coffey, Ann
Cohen, Harry
Connarty, Michael
Corbett, Robin
Corbyn, Jeremy
Corston, Jean
Cousins, Jim
Cox, Tom
Cummings, John
Cunliffe, Lawrence
Cunningham, Jim (Covy SE)
Dafis, Cynog
Darling, Alistair
Davies, Bryan (Oldham C'tral)
Davies, Chris (L'Boro & S'worth)
Davies, Rt Hon Denzil (Llanelli)
Denham, John
Dewar, Donald
Dixon, Don
Dobson, Frank
Donohoe, Brian H
Dowd, Jim
Dunwoody, Mrs Gwyneth
Eagle, Ms Angela
Eastham, Ken
Etherington, Bill
Evans, John (St Helens N)
Fisher, Mark
Flynn, Paul
Foster, Rt Hon Derek
Foster, Don (Bath)
Foulkes, George
Fyfe, Maria
Galbraith, Sam
Galloway, George
George, Bruce
Gerrard, Neil
Gilbert, Rt Hon Dr John
Godsiff, Roger
Golding, Mrs Llin
Gordon, Mildred
Grant, Bernie (Tottenham)
Griffiths, Nigel (Edinburgh S)
Griffiths, Win (Bridgend)
Grocott, Bruce
Gunnell, John
Hain, Peter
Hall, Mike
Hanson, David
Hardy, Peter
Harvey, Nick
Henderson, Doug
Hill, Keith (Streatham)
Hinchliffe, David
Hogg, Norman (Cumbernauld)
Home Robertson, John
Hoon, Geoffrey
Howarth, Alan (Strat'rd-on-A)
Howells, Dr Kim (Pontypridd)
Hughes, Roy (Newport E)
Hughes, Simon (Southwark)
Hutton, John
Ingram, Adam
Jackson, Helen (Shef'ld, H)
Jamieson, David
Johnston, Sir Russell
Jones, Barry (Alyn and D'side)
Jones, Lynne (B'ham S O)
Jones, Martyn (Clwyd, SW)
Jowell, Tessa
Kennedy, Jane (L'pool Br'dg'n)
Khabra, Piara S
Kilfoyle, Peter
Kirkwood, Archy
Lewis, Terry
Liddell, Mrs Helen
Litherland, Robert
Lloyd, Tony (Stretford)
Llwyd, Elfyn
Loyden, Eddie
McAllion, John
McAvoy, Thomas
McCartney, Ian
Macdonald, Calum
McFall, John
McLeish, Henry
McWilliam, John
Madden, Max
Mahon, Alice
Mandelson, Peter
Marshall, Jim (Leicester, S)
Martin, Michael J (Springburn)
Martlew, Eric
Maxton, John
Meale, Alan
Michael, Alun
Michie, Bill (Sheffield Heeley)
Michie, Mrs Ray (Argyll & Bute)
Milburn, Alan
Miller, Andrew
Morley, Elliot
Morris, Estelle (B'ham Yardley)
Mowlam, Marjorie
Mudie, George
Mullin, Chris
Murphy, Paul
Oakes, Rt Hon Gordon
O'Brien, Mike (N W'kshire)
O'Brien, William (Normanton)
O'Hara, Edward
Olner, Bill
O'Neill, Martin
Orme, Rt Hon Stanley
Pickthall, Colin
Pike, Peter L
Pope, Greg
Powell, Ray (Ogmore)
Prentice, Gordon (Pendle)
Prescott, Rt Hon John
Primarolo, Dawn
Purchase, Ken
Quin, Ms Joyce
Raynsford, Nick
Reid, Dr John
Rendel, David
Robinson, Geoffrey (Co'try NW)
Roche, Mrs Barbara
Rooker, Jeff
Rowlands, Ted
Salmond, Alex
Short, Clare
Simpson, Alan
Skinner, Dennis
Smith, Andrew (Oxford E)
Smith, Chris (Isl'ton S & F'sbury)
Smith, Llew (Blaenau Gwent)
Spearing, Nigel
Spellar, John
Squire, Rachel (Dunfermline W)
Steel, Rt Hon Sir David
Steinberg, Gerry
Stevenson, George
Sutcliffe, Gerry
Taylor, Mrs Ann (Dewsbury)
Taylor, Matthew (Truro)
Thompson, Jack (Wansbeck)
Tipping, Paddy
Touhig, Don
Turner, Dennis
Tyler, Paul
Walker, Rt Hon Sir Harold
Walley, Joan
Wareing, Robert N
Wicks, Malcolm
Wigley, Dafydd
Williams, Rt Hon Alan (Sw'n W)
Williams, Alan W (Carmarthen)
Wilson, Brian
Winnick, David
Wise, Audrey
Worthington, Tony
Wright, Dr Tony
Young, David (Bolton SE)

Tellers for the Noes:


Mr. Jon Owen Jones and
Mr. Joe Benton.

Question accordingly agreed to.

27 Nov 1995 : Column 1027

Resolved,



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