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Mr. Pond: I wonder whether we are witnessing a small element of parliamentary or legislative history: hon. Members will have noticed the coincidence that we are debating amendment No. 205 to clause 205. That must be worth mentioning.
I do not think that the hon. Gentleman and I will detain the House long, as we agree in principle on the issue, but I will ask him in a few moments to withdraw the amendment—that comes as no surprise to him—because it is not necessary and would not necessarily secure the objectives that we both want to achieve.
Clause 205 requires the trustees or managers of a scheme to obtain regular valuations from the scheme actuary that compare the scheme's assets with its technical provisions. I should explain that the term "technical provisions" is used in the European pensions directive. It broadly means the amount of assets a scheme needs to hold now, on the basis of the actuarial methods and assumptions used, in order to pay its accrued pensions commitments as they fall due in the future.
Valuations are necessary to check the funding position of a scheme and to provide a basis for determining an appropriate level of contributions for the future. However, they are time consuming and expensive. The clause seeks to strike a balance between ensuring sufficiently frequent funding checks and adjustments, and minimising unnecessary administrative costs. The hon. Gentleman and I take the same position on that.
Full actuarial valuations will be required either annually, or every three years when the trustees obtain interim actuarial reports for the intervening years. The provision in clause 205 for interim reports on
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developments affecting the scheme's technical provisions since the last full valuation reflects a requirement of the European pensions directive. Amendment No. 205 would mean that the actuary would be required to report only on "material" developments since the last valuation—"material" being the single word that the hon. Gentleman's amendment would insert. We are with him in principle, but think that the amendment is unnecessary. Clause 205 sets out the broad framework for obtaining actuarial valuations and reports, but using the power set out in subsection (6), we intend to specify in regulations the detail of what they must contain.
We intend to consult interested parties as we develop those detailed requirements. That will allow us to work closely with the pensions industry and other interested parties to ensure that we get the details right and that the regulations are workable and effective. It will also enable us to ensure that we implement the requirements of the directive in a proportionate way that does not impose undue burdens on business.
For those reasons, and with the proviso that we shall consult on the way in which we meet the objectives that we and the hon. Gentleman share, I ask him to withdraw the amendment.
Mr. Osborne: I thought that the Minister imbued the moment with more historical significance than it probably merited. The fact that it is amendment No. 205 to clause 205 is not really up there alongside the arrest of five Members by Charles I, Cromwell trying to remove the Mace or Churchill's rousing speeches. However, I suppose it is a small piece of parliamentary history.
As often happened in Committee, the Minister says that he agrees with me in principle, but he is not prepared to support me in practice. Sadly, I have become all too familiar with that, but I held out hope because he said the same about the proposed measure that he is to introduce as new clause 23. There is always the possibility that my amendment will resurface.
It is good to have on the record assurances from the Minister that the Government will attempt to keep the burden on schemes as light as possible while compliant with EU law. On the basis of those assurances, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 219
Vera Baird (Redcar) (Lab): I beg to move amendment No. 46, in page 144, line 40, after 'employers', insert 'and annuity providers'.
Mr. Deputy Speaker (Sir Michael Lord): With this it will be convenient to discuss the following amendments:
No. 47, in page 144, line 41, after 'employees' insert 'and annuity purchasers'.
No. 44, in page 145, line 12 , at end insert—
'(f) make provision about the information and advice given to employees and their spouses.'.
No. 48, in page 145, line 12 , at end insert—
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'(f) provide that they apply to annuity providers of a prescribed description and annuity purchasers of a prescribed description.
(g) make provision as to the action to be taken by annuity providers to ensure that annuity purchasers and their spouses have signed to confirm that they have received and understood information relating to the annuity purchase.'.
No. 45, in page 145, line 19, at end insert—
'(d) the person who would be affected directly or indirectly by the provision of the information.'.
No. 49, in page 145, line 23, at end insert—
'(7) In this section "annuity provider" means any company selling annuities whether or not resident or incorporated in any part of the United Kingdom.'.
Vera Baird: The amendments seek out a positive approach from the Government to a difficult problem.
Clause 219 is concerned with the supply of clear, good-quality information so that people are fully informed when they make decisions about their retirement income. The amendments are consistent with that aim and would mean that the employers and companies selling annuities would have to ensure that those buying the annuities and their spouses had signed to indicate that they had received and understood information relating to the purchase.
The amendments drive at the difference between a single life annuity and its impact and a joint life annuity. I am well aware that everyone in the Chamber knows the difference, but I should explain that a single life annuity is paid to the individual taking it out. When that person dies, the annuity income dies too. There is no benefit to the surviving spouse. The joint life annuity, on the other hand, continues to pay as long as one member of the pensioner couple is alive. For that reason, income from joint life annuities is considerably less than single life annuities. The purpose of the amendments is to ensure that on purchase of an annuity by a married person they and their spouse are fully aware of the consequences of their decision to purchase a single rather than a joint life annuity. They are also designed to ensure that on the death of their spouse nobody faces an unexpectedly huge drop in pensioner income.
6 pm
According to the Association of British Insurers, only 19 per cent. of married people have joint annuities, although it is unclear on what information their decision was based. The amendments require that when a married person purchases a single life annuity their spouse signs a form saying that they have read and understood a leaflet explaining the options. The spouse should also give their consent for their partner to purchase a single life annuity and understand the implications of that decision for their pension income should their partner die before them. If the annuity purchaser decides to buy a single life annuity and not a joint life annuity, the written consent of their spouse to buy such an annuity should be required. If they cannot obtain that consent, the default position should be that they buy a joint annuity.
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I emphasise that the amendments are not meant to compel all married people to purchase a joint life liability—the decision would still be theirs. The rationale for people having a right to their spouse's savings when they do not have rights to their earnings is based on the fact that it is women who are primarily disadvantaged by the present position. Women's historical and current difficulties in building up a decent pension mean that they are disproportionately reliant on their husband's pension income. If their husband dies before them, they are reliant on any survivor benefit in their husband's pension, so it is critical that they should be aware of what is happening.
Survivor benefits are particularly important because women have less pensioner income in their own right—on average, it is 57 per cent. of men's pensioner income, and the gap has widened since the 1980s. Less than 12 per cent. of women get a full basic state pension in their own right. Men have high membership rates of pension schemes, and they purchase the majority of annuities. In addition, women are likely to outlive their husbands. Almost half the women over the age of 65 are widows, and a 65-year-old woman can expect to live three years longer than a 65-year-old man. The issue is therefore a pressing one.
I accept that for some couples a single life annuity will be the best option—for example, when both spouses have access to sufficient pension income in their own right or when the survivor is on a low income and receipt of survivor benefits will reduce the amount of means-tested benefits that they receive. That decision, however, ought to be taken jointly, so that at the outset both spouses are aware of the consequences.
As a footnote, I should add that annuities provide non-married or single-sex couples with a good opportunity to make provision for survivor benefits. One of the obvious benefits of a joint life annuity is that an individual can decide to provide survivor benefits for their dependant regardless of the relationship. Occupational schemes often exclude non-married or same-sex partners. Without legal recognition of those partnerships, as is currently the case, it would be inappropriate to enforce a signed waiver of rights, but it would be prudent none the less to ensure that the annuity buyer understands the implications of their decision.
This is an extremely important issue, and there is a good deal of consensus on it among the Fawcett Society, Age Concern and other pressure groups that have sought repeatedly to draw the problem to the Government's attention. I have no intention of pressing the amendments to a vote, but I hope for a positive response from my hon. Friend the Minister.
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