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Schedule 1


Amendments to Pensions Appeal Tribunals Act 1943



Amendments made: No. 1, in page 7, line 43, leave out from second 'which,' to end of line 45 and insert



'applications to a Commissioner for leave to appeal under this section must be made;'.

No. 2, in page 7, line 46, leave out 'appeals and'.—[Mr. Caplin.]

Schedule 3


Repeals



Amendment made: No. 3, in page 12, line 7, at end insert—


'Naval and Military War Pensions, &c., Act 1915 (c. 83)Section 6.'.—[Mr. Caplin.]

Order for Third Reading read.

5.15 pm

Mr. Caplin: I beg to move, That the Bill be now read the Third time.

I begin by thanking my hon. Friends the Member for Bridgend (Mr. Griffiths) and for Normanton (Mr. O'Brien), who conducted affairs from the Chair during
 
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proceedings in Standing Committee. I thank the Under-Secretary of State for Constitutional Affairs, my hon. Friend the Member for Tottenham (Mr. Lammy), who dealt with the clauses relating to appeals tribunals on behalf of the Department for Constitutional Affairs. I thank the Clerks and officials in the Ministry of Defence who have been dealing with the Bill, in some cases for a long time.

It has been a feature of our debates on Second Reading, in Standing Committee and again today that the armed forces, both regular and reserve, are held in the very highest regard throughout the House. Members on both sides of the House have rightly paid tribute to their professionalism, courage and skill. The Ministry of Defence is a good employer and as such we must make available high-quality conditions of service for service personnel. The new pension scheme does just that.

Mr. Gerald Howarth: I take the slightly unconventional step of intervening on the Minister at this stage to associate myself entirely with what he just said to ensure that there is no doubt beyond these walls, especially among those serving in Iraq, that we hold our armed forces in the very high esteem that he described.

Mr. Caplin: I am grateful for those comments.

We had an interesting debate that centred on the new part of the arrangements following the announcement that I made last week in relation to the Armed Forces Pay Review Body, which will provide a regular external validation of the new pension scheme that will compare it with other schemes in the market. I am delighted that the chairman and members of the review body have agreed to take on such a task.

Everyone who has been involved in our discussions will recall that concern was expressed that the Government should provide independent oversight of the arrangements provided for our armed forces in this respect. In Committee, I made it clear that I recognised the intent behind those concerns and that I would consider how best to respond on Report. Last week's announcement was made in response to those concerns, and I hope that today's debate has been helpful in highlighting the way in which the review body will deal with the matter. Its reviews will take place broadly every five years, but that does not preclude it from considering pensions issues if it feels that it should do so in the course of its normal work.

We are in active communication with the review body to determine the details of how the system will work. We agreed it only in the past couple of weeks and I shall return to the House with a further statement when we have more details. I am confident, however, that the change will provide for more independence in reviewing the terms of the new pension scheme while helping us to ensure coherence across the broader remuneration package of pay and pensions. It should also provide additional reassurance for service personnel, and for Members of both Houses, by ensuring effective independent validation of the appropriateness of the pension provisions for our armed forces, including those
 
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who choose to transfer to the new scheme and those who will be members from 6 April 2005, subject to the completion of the legislative process. I feel sure that hon. Members will acknowledge that that represents a major step forward in tackling the concerns that have been expressed in the past few months. It also addresses the desire for stronger controls in legislation over the scheme's benefit structure.

Before I conclude, I want to be slightly partisan and present two challenges to the hon. Member for Aldershot (Mr. Howarth). I hope that he does not have a scripted speech because he might wish to respond. My first challenge is about benefits being payable on an equal basis, irrespective of sexuality. In Committee, he said:

He means Second Reading. He continued:

The hon. Gentleman has had three months to consider the matter. Does he stand by that comment or will he support the Bill and the equal benefits that it provides for all members of our armed forces?

I shall outline my second challenge. The hon. Gentleman clearly supports the legacy issues, as he showed yesterday and a few moments ago. In Committee, I said that I would calculate the amount of public spending required and I have done that. The total for the first year is £661 million. Every subsequent year, he will need £127 million for the legacy proposals that he presented this afternoon. Does he intend to pursue that as Conservative policy? The equivalent of £661 million is, for example, the single living accommodation project and the service family accommodation upgrade project. They would both have to be abolished to cover the sort of funding that his proposal would require. He can either play the politics of opportunism in opposition or make a serious point at the Dispatch Box about the legacy issues that the Conservative party never tackled. I am sure that he will respond to those challenges.

I am confident that the new schemes constitute a good deal for our service personnel: a pension scheme that is based on final salary, against the trend in the wider economy; a significant improvement to the benefits to widows and dependants; the introduction of common terms for officers and other ranks that also deal with equality issues; and a compensation scheme that focuses on the more severely injured and, for the first time, makes lump sum payments for pain and suffering. The chiefs of staff strongly welcome those aspects of the new arrangements. They perceive them to be an important part of a package that offers a high level of assurance to service personnel and their families, now and in future. The Bill is essential to providing the new schemes and I commend it to the House.

5.23 pm

Mr. Howarth: I note that the Under-Secretary is getting frightfully excited. He raised several issues—two in particular—with me. The Government have introduced changes that extend the benefits to unmarried partners and the Opposition have accepted that. I hope that that will allay his concerns on the matter.
 
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The Under-Secretary tried to stick on me a figure of £500 million a few moments ago, but it has now increased to £661 million. I knew that the Labour party was the master of inflation but that is excessive. He is the Under-Secretary and suggests that some of my proposals would cost £661 million. I do not recognise those figures and I do not believe that he will be able to justify them. He might be able to, however, and the House will look forward to his placing copies of his calculations in the Library.

I made a specific point to the Minister—I am not going to let him get away with this—about extending the benefits to unattributable widows who remarry. He has no way of knowing how much that would cost, because it is impossible to quantify. He extended the benefits to attributable widows in 2000, but he never made any corresponding cuts to accommodate that. He knows very well that only a very small number of people are involved, and they are being paid at the moment. They cease to be paid when they remarry. He has no way of knowing how many would remarry, in the event of his acceding to our suggestion, so his objections are just ministerial bluster. He even suggested that the proposal would have to be funded by cancelling the single living accommodation improvements. He flagged up the fact that he was going to make a partisan point and he did not disappoint. The public outside will have noted it and I think that they expect our debate to be conducted on a slightly more elevated scale than that.

My hon. Friend the Member for Mid-Sussex (Mr. Soames) said on Second Reading that we would not divide the House at that point, but that

We have now considered the Bill in Committee and only one change has been made. We welcome that change, and, along with the Minister, we wish the members of the Armed Forces Pay Review Body well in undertaking their enhanced remit. However, that change is modest and fails to deal as comprehensively with the needs of Her Majesty's armed forces, and those who have served, as the measures that we proposed in new clause 2—which the Minister would not accept—would have done.

Furthermore, some of the criticisms levelled at the Bill by the Defence Committee, at the outset and subsequently, remain outstanding. Save for the one change that the Minister has made, there is nothing in the Bill that presents the House with any greater opportunity to scrutinise what is being proposed. It is an enabling Bill that gives unfettered power to the Secretary of State to draw up whatever pensions and compensation schemes he likes. The only scrutiny available to the House will be through a one-and-a-half-hour debate on the relevant statutory instrument, the detail of which will be unamendable. Our original criticisms, and those of others, therefore remain. The final details of the early departure payment scheme were not available on Second Reading. They were produced in Committee, which we welcome, but some of the original criticisms on that issue still stand.

We judge the Bill by its ability to do justice to the men and women of Her Majesty's armed forces, who have given—and, as we speak, continue to give—outstanding
 
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service to our country. It is our view that their contract with the nation sets them apart from every other group in the country. Their commitment to lay down their lives in the defence of the people of these islands and of the wider interests of the United Kingdom places them in a wholly special category, deserving of the very best that the nation can give them. That means that they are, quite literally, a special case.

We are therefore disappointed that the Government have not reflected that special status in the schemes that lie behind the Bill. Comparing their benefits with those available to "other public sector workers" betrays the Government's reluctance to distinguish sufficiently between the needs of the armed forces and of those operating elsewhere in essential public services. The burden of proof in compensation is one example of the Government's thinking that it is perfectly in order to apply tests

This is not another occupational pension scheme. We believe that the scheme applied to Her Majesty's armed forces should start by being at least as good as those available elsewhere. That is why, for example, we welcome the improvement of the death-in-service benefit from one and a half to four times' salary.

I hesitate to do so, but I hope that the hon. Member for Dunfermline, West (Rachel Squire) will forgive me if I quote from her speech on Second Reading.


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