The
Committee consisted of the following
Members:
Chairman:
Sir Nicholas
Winterton
Alexander,
Danny
(Inverness, Nairn, Badenoch and Strathspey)
(LD)
Cunningham,
Mr. Jim
(Coventry, South)
(Lab)
David,
Mr. Wayne
(Caerphilly)
(Lab)
Dorrell,
Mr. Stephen
(Charnwood)
(Con)
Duddridge,
James
(Rochford and Southend, East)
(Con)
Efford,
Clive
(Eltham)
(Lab)
Evans,
Mr. Nigel
(Ribble Valley)
(Con)
Linton,
Martin
(Battersea)
(Lab)
Mackay,
Mr. Andrew
(Bracknell)
(Con)
Mackinlay,
Andrew
(Thurrock)
(Lab)
Mallaber,
Judy
(Amber Valley)
(Lab)
Mulholland,
Greg
(Leeds, North-West)
(LD)
Mullin,
Mr. Chris
(Sunderland, South)
(Lab)
O'Brien,
Mr. Mike
(Minister for Pensions
Reform)
Raynsford,
Mr. Nick
(Greenwich and Woolwich)
(Lab)
Robertson,
John
(Glasgow, North-West)
(Lab)
Selous,
Andrew
(South-West Bedfordshire)
(Con)
David Slater, Martin Gaunt,
Committee Clerks
attended
the Committee
Second
Delegated Legislation
Committee
Monday 17
March
2008
[Sir
Nicholas Winterton
in the
Chair]
Draft Occupational Pension Schemes (Levy Ceiling) Order 2008
4.30
pm
Andrew
Mackinlay (Thurrock) (Lab): On a point of order, Sir
Nicholas. Twice I have been to the Vote Office to ask for the papers
relating to the Committee, but I have been given only one of the three
instruments. I am not making that
up.
The
Chairman:
I suspect that the papers may well be on the
table in front of the hon. Member. I have consulted the Clerk and I do
not believe that there is any problem with the availability of the
papers. All three were scheduled to be debated, so if the hon. Member
confirms that the Vote Office or wherever he went to find the papers
was not able to provide them, we can make
inquiries.
The
Minister for Pensions Reform (Mr. Mike
O'Brien):
I beg to
move,
That the
Committee has considered the draft Occupational Pension Schemes (Levy
Ceiling) Order 2008.
The
Chairman:
With this it will be convenient to consider the
draft Pension Protection Fund (Pension Compensation Cap) Order 2008 and
the draft Occupational Pension Schemes (Levies) (Amendment) Regulations
2008.
Mr.
O'Brien:
I welcome you to the Chair, Sir Nicholas. I am
sure that under your firm but fair chairmanship the Committee will do
good business.
When
the 2007 versions of these instruments were debated around this time
last year, three schemes with a total of 275 people had been
transferred into the Pension Protection Fund. At the beginning of March
this year, 21 schemes had been transferred into the fund; and 9,000
scheme members receive either PPF compensation or are due to receive it
in future. By the end of March, the PPF estimates that 50 schemes will
have transferred in, and that it will provide protection to 18,000
people. Those increases are testament to the need for the PPF and the
importance of its
creation.
Andrew
Selous (South-West Bedfordshire) (Con): When the Minister
said by the end of March, did he mean March 2008 or
March
2009?
Mr.
O'Brien:
I meant by the end of March 2008. As I said, the
increases are testament to the importance of the creation of the
PPF.
On the draft
Occupation Pension Schemes (Levy Ceiling) Order 2008, the pension
protection levy is the responsibility of the board of the Pension
Protection Fund. It is one of the ways in which the
compensation
provided by the PPF is paid for. The levy ceilingthe subject of
the orderis one of the statutory controls on the pension
protection levy. It restricts the amount that the board can raise in
any one year. The levy ceiling for 2007-08 was set at £804.45
million. Under the Pensions Act 2004, the levy ceiling is increased in
line with the general level of earnings in Great Britain in the
12-month period ending on 31 July in the previous financial year. The
order uprates the levy ceiling by 3.6 per cent. and provides that the
levy ceiling for the financial year ending 31 March 2009 is
£833,410,200.
Members
will be aware that the board of the PPF has determined that it needs to
collect £675 million for 2007-08 through the pension protection
levy to ensure the secure funding of peoples compensation. The
board has also announced that it intends to hold the levy stable for
the next three financial years, subject to indexation against earnings
and there being no significant changes to the level of risk that the
PPF faces. This is in response to requests from levy payers for more
certainty about the size of the pension protection levy. I suspect that
I am already dealing with some of the questions that the hon. Member
for South-West Bedfordshire was about to ask
me.
Having dealt with
the overall level of the levy, we turn to the individual compensation
caps in the draft Pension Protection Fund (Pension Compensation Cap)
Order 2008. A cap on the level of PPF compensation is applied to those
scheme members who are below their schemes normal pension age
immediately before the employers insolvency event. Those
members are entitled to the 90 per cent. level of compensation when
they retirethey get 90 per cent. of what they would previously
have got.
The
compensation cap for 2007-08 is £29,928.56 at age 65. When
calculating a members compensation entitlement, the PPF applies
the cap before compensation is reduced to the 90 per cent. level, which
has an important effect; it means that the total value of compensation
payments for members below normal pension age does not exceed the
2007-08 figure of £26,935.70 a year at age 65. That amount is
adjusted depending on age to ensure that the actuarial value of the
compensation package remains the
same.
Under the
Pensions Act 2004, increases to the compensation cap are linked to
increases in the general level of earnings. To increase the current
compensation cap for 2008-09, we must consider average earnings, as
measured by the average earnings index and published by the Office for
National Statistics in the 2006-07 tax year, which shows an increase of
3.1 per cent. An increase in the current compensation cap of 3.1 per
cent. gives a cap of £30,856.35 for the 2008-09 tax year, which
means that the total value of compensation payments for members below
normal pension age shall not exceed £27.770.72 for the new tax
year. Those are the key figures that we shall bring in by the
order.
The new cap
will apply to members who first become entitled to compensation at the
90 per cent. level on or after 1 April 2008. The draft pension
compensation cap order ensures that the level of the compensation cap
is maintained in line with the increase in earnings, as required under
the Pensions Act 2004.
Andrew
Mackinlay (Thurrock) (Lab): I have listened carefully to
the Minister and it seems that he has called us here this afternoon
because it is imperative that this should be done by 1 April, for the
next financial year. What I am bewildered aboutand he may be
able to help me with thisis the fact that the explanatory notes
state that the geographic extent for two of the three orders is Great
Britain while, in relation to the other order, a further measure will
be brought forward for Northern Ireland. If a separate measure has to
be brought forward for Northern Ireland, I assume that it will be
introduced in the House rather than in the Northern Ireland Assembly.
Will we be able to do that by 1 April 2008? If the order is good for
the rest of the jurisdiction, what is the Northern Ireland
situation?
Mr.
O'Brien:
My hon. Friend makes an interesting point about
Northern Ireland. I am assured by officials that we are considering the
position in relation to that. We want to ensure that there is agreement
and that all these levels are acceptable. I see no reason why there
would not be agreement and I am assured by my officials that the
situation regarding Northern Ireland will be
resolved.
Andrew
Mackinlay:
With the greatest of respect to my hon. and
learned Friend, there are the hallmarks of sloppiness in relation to
this. Perhaps I am at fault in not being fully cognisant of what we are
going to consider this afternoon; I have already complained that there
are only three orders, and having done some homework on the matter in
the following minutes, it seems that there should be a fourth order
relating to Northern Ireland and that hon. Members will have to meet
again. The timetable is very limited and it seems that the Government
have overlooked something. The jurisdiction certainly covers Scotland,
Wales and England so I assume it isI use the word for the want
of a better terman imperial Westminster
function. I notice one of the explanatory documents lists those
consulted, which includes the two Assemblies and the Northern Ireland
Executive. We need to know what is
happening.
Mr.
Andrew Mackay (Bracknell) (Con)
rose
The
Chairman:
May I suggest that the right hon. Member for
Bracknell intervenes, as it may give the officials time to provide the
Minister with the
answer?
Mr.
Mackay:
I am grateful to you, Sir Nicholasthe
Minister is probably even more
grateful.
The matter
concerning Northern Ireland is immensely serious. Those of us who take
a close interest in Northern Ireland are conscious that the Province
should never be seen as a second-class part of the United Kingdom. As
the hon. Member for Thurrock has said, the orders are time sensitive,
so can we have an assurance from the Minister that they will be in
place for Northern Ireland and the rest of the United Kingdom before
the deadline on 1
April?
The
Chairman:
I am now happy to call the Minister to reply to
those two interventions.
Mr.
O'Brien:
I cannot give the right hon. Gentleman that
assurance because the orders will not be passed in this place; I
understand that they will have to be resolved in Northern Ireland. He
will need to seek reassurance in Northern Ireland that the matter will
be dealt with in the appropriate way and at the appropriate time. I
hope that deals with the points made, but I am happy for my hon. Friend
to ask a further question.
Andrew
Mackinlay:
I am pleased to have that assurance, but only
one of the three explanatory memorandums refers to Northern Ireland;
the others just say Great Britain. The explanatory memorandum on the
Occupational Pension Schemes (Levies) (Amendment) Regulations 2008 has
a list of those consulted that includes the appropriate Northern
Ireland Ministry, and the Scottish and Welsh Assemblies. I cannot think
why the explanatory memorandums are different for the other two orders.
I accept what the Minister says if he is absolutely certain about it,
but I am genuinely surprised that this competence was devolved to
Stormont but not to the Scottish Parliament. However, if that is so, so
be
it.
Mr.
O'Brien:
I am grateful to my hon. Friend for that
intervention. I can tell him only what I am advised: Northern Ireland
has been consulted on all three orders together and, in any event, we
always consult with Northern Ireland on these matters. However,
particular matters also have to be resolved by Northern Ireland itself.
The issue that he mentions has to be dealt with in Northern Ireland, so
I hope that the matter is now
resolved.
I
now move on to the final instrument, which could well be the most
controversial: the draft Occupational Pension Schemes (Levies)
(Amendment) Regulations 2008. Those regulations relate to the PPF
administration levy, which funds the day-to-day running costs of the
PPF. They substitute new amounts to be used in calculating the amount
payable in respect of the PPF administration levy for the financial
year starting 1 April 2008. The administration levy for 2008-09 has
been set to recoup £22 million, a £2 million increase on
the £20 million set last year.
I want to explain why we
believe that the increase is appropriate. The proposed rates help to
recover a collection shortfall of £2.7 million that has built up
since the PPF was established. The £22 million also reflects the
increased running costs of the fund, as a growing number of schemes
undertake the assessment process and transfer to it. I have already
noted how the number of schemes within the PPF has grown. That growth
of course will bring with it additional costs to the fund.
We recognise that, as more
schemes enter the PPF, the cost of administering compensation will
become an increasing proportion of the administration levy, so to
combat that we have recently laid before Parliament the Pension
Protection Fund (Prescribed Payments) Regulations 2008. Those
regulations will allow the costs of administering compensation to be
paid from the Pension Protection Fund itself from 1 April 2008. That
means that the administration levy will no longer be inflated by those
amounts, which are estimated at £2 million for
2008-09.
That is consistent with industry
practice, where similar costs are generally met from the assets of
defined benefit occupational pension schemes. The regulations have been
welcomed by consultation respondents, including the National
Association of Pension Funds. I assure the Committee that the PPF will
ensure that those costs are shown clearly in its annual report and
accounts for 2008-09 and onwards. That will ensure appropriate
transparency in making the administrative costs of the PPF publicly
known.
The PPF
administration levy is intended to reach a fair balance between the
burdens on levy payersall the people, after all, who pay into a
pension, which in due course pays a levy into the pension protection
fundand the ability of the PPF to carry out its statutory
duties. We shall however continue to work with the PPF to ensure that
levy payers get due value for money.
In contrast to previous
regulations, the figures in the measures before the Committee will
apply to all future years unless there are further amendments. That
means that regulations will not be brought forward in future unless a
change in the levy is required.
Perhaps I may give a further
short explanation of why there was a deficit in some of the payments.
When the levying was carried out by the PPF, the view taken by a number
of those who were subject to the levy was that they did not accept some
of the risk assessments that were carried out on their pension funds.
They began to challenge some of the levy figures. When further
information was provided by those pension funds to those who were
assessing the levels of the levy, it was accepted that some of the risk
factors in the levy might have been set too high. That resulted in a
reduction in what was assessed for some of the levies.
That happened reasonably
extensively. Not all pension funds queried the levy, but a number did.
The result was a shortfall on the amount that was expected to go into
the fund, and, of course, on the amount that went into the
administration fund. Therefore, that shortfall is now being made up by
the levy during the course of this year. We hope that, in due course,
we will be in a position where the fund is where it was expected to be
and that the administration is able to be appropriately funded as a
result.
I emphasise,
because it is important that I do so, that, in the sense of a pension
fund, there is no deficit to be in any way concerned about. The PPF is
managing its affairs well and we believe that it is inspiring great
confidence among those who run defined benefit schemes. In recent
years, since the PPF was set up, there has been an increasing view that
it is an essential part of the apparatus of ensuring confidence in the
future of peoples pensions.
The PPF has been a very
important part of the broad range of reforms that we have carried out
in relation to pensions. Indeed, I would add that, if one takes
together what we have done in setting up the PPF, our performance on
state pensions and the way that we have set up the pensions regulator,
all those measures have led to a greater degree of confidence in
pensions. I might also add that we have resolved the issues related to
the financial assistance scheme. So the levy and the rules related to
ithaving caps on the levy and making
sure that there is a broad acceptance of some of the provisions of these
ordersare a key part of ensuring that we have long-term
confidence in pensions.
In addition, I would like to
confirm that I am satisfied that the statutory instruments that we are
discussing are compatible with the European convention on human
rights.
The three
statutory instruments before the Committee provide that the PPF
compensation cap and the levy ceiling are uprated in line with
increases in average earnings and that the administrative functions of
the PPF are properly funded, so that the PPF can carry out the
important task that Parliament has given it. Therefore, I commend these
orders and the regulations to the
Committee.
4.52
pm
Andrew
Selous:
Thank you, Sir Nicholas, and it is a pleasure to
serve under your chairmanship again. I am sure that, for both the
Minister and myself, it seems just a moment ago that we had the
pleasure of serving under you for some considerable period of time when
we were considering the Pensions Bill, in a room very close to where we
are sitting now.
There are three important
orders before the Committee today. It is important that we go through
them. The official Opposition will certainly not be opposing them.
However, I have a series of questions for the Minister. It is important
to remember that the costs on defined benefit schemes generally are
extremely high and it is vital that this Committee ensures that there
are no additional costs; we must ensure that not one penny more than is
necessary is levied on the remaining defined benefit schemes, such is
the pressure that they have been under
recently.
I would like
to extend my sympathies to the hon. Member for Thurrock for the fact
that he was not able to get the papers that he wanted from the Vote
Office. In defence of the Vote Office, I would just say that, when I
went there last week, I was able to get those papers. Clearly, there is
an issue, because the papers should be available to all hon. Members.
However, I would just like to put it on the record that I was able to
get the relevant papers in order to prepare for the
Committee.
Andrew
Mackinlay:
Perhaps I was too testing and perhaps I owe an
apology to the Vote Office; for the record, I unreservedly apologise. I
say that because I asked for the bundle of these papers twice and it is
clearly down to me ultimately to use due diligence to see that I
receive the correct papers. However, I must say that that was the
patternnot being able to get the papersand it is
irritating to be put on the Committee at short notice and to find that
this should
happen.
The
Chairman:
The courtesy of the hon. Member is
appreciated.
Andrew
Selous:
Thank you, Sir Nicholas. I think that all members
of the Committee recognise the great diligence that the hon. Member for
Thurrock shows in all proceedings in this House, and we are all
grateful for that, not least, I am sure, the Minister.
The sums
involved in the draft Occupational Pension Schemes (Levy Ceiling) Order
2008 make it the most significant measure before us. It is worth
winding the clock back to look at what happened in 2006-07. The PPF
aimed to raise £500 million for the scheme, but in fact it
raised only £271 million. Perhaps the Minister will correct me
if that figure is wrongit is the information that I was given.
That £271 million is a little under half the estimate that the
levy ceiling order aimed to raise in 2006-07. How close are we to
raising the £675 million that the PPF aimed to raise under a
similar order in 2007-08? In the Committee that debated similar
measures last year, we were assured that the amount raised would be
much closer to the estimate. None of us would expect the PPF to hit the
figure exactly, but it is legitimate to hope that the amount raised
next year is nearer to the estimate than in 2006-07. Will the Minister
say something about that? He has told us that the estimate is
£675 million for 2008-09, which is the same as last year. Will
he say what degree of confidence he has that the amount raised will be
close to that figure, given what happened in
2006-07?
The measures
are important. We must ensure that the amounts raised by pension
schemes and the businesses that provide the few remaining defined
benefit schemes to their members have minimum volatility. Businesses
need to plan with some degree of certaintyit is an uncertain
world for them anyway because of huge rises in energy costs and other
such things, so it is important for them to have greater certainty in
the future. I look forward to what the Minister has to say in respect
of those questions on the levy ceiling
order.
The Minister
told the Committee that the draft Pension Protection Fund (Pension
Compensation Cap) Order 2008 is an indexing of the cap from the 2006-07
earnings figures, which were 3.1 per cent. It is worth putting on
record that the retail prices index is 4.1 per cent., so the indexation
is running behind the current level of inflation according to the
Governments figures. Given that the order simply increases by
the amount of earnings for the previous financial year, is it not
possible to have some form of mechanism by which that happens
automatically? Do we need an annual order if all it does is increase by
the earnings growth in the previous financial year? The
£30,856.35 will clearly be more than enough for most scheme
members and, indeed, it will be less than some scheme members would
otherwise have
received.
As the hon.
Member for Thurrock properly spotted, there were provisions relating to
Northern Ireland regarding the draft Occupational Pension Schemes
(Levies) (Amendment) Regulations 2008. I have some questions for the
Minister on the variability of the administration costs, which are
raised for the running of the PPF by the regulations. As I said, it is
important that not a penny more is taken from defined benefit schemes
than is absolutely necessary. As I understand it, last year we were
told that the estimated amount to be taken for 2007-08 was £14.2
million, but the Minister told us today that the current estimate
is £17.7 million, which is an increase of 25 per cent.
on last years figure. As I have said, that is money that would
otherwise have gone into the beleaguered defined benefit schemes. What
degree of reassurance can the Minister give the Committee that there
will be more accurate estimates of the figures?
I think that last year it was
established in this Committee that several of the costs in the earlier
years related to the establishment of the PPF office; there was some
expectation that the cost level might drop in time. I should be
grateful if the Minister could give some reassurance to those people
who will be studying the report of the Committee and hoping for some
certainty about future
costs.
5.1
pm
Greg
Mulholland (Leeds, North-West) (LD): I want to be brief,
and first to thank the Minister and his officials for making a quite
complex set of orders seem quite human. The way in which they were
explained was very useful.
The Liberal Democrats do not
oppose the orders. We all agree that the important thing is to give
peoplebusinesses, funds, the individuals who are affected and
the taxpayerconfidence in the schemes. Also, there is a need
for clarity, so that people understand the effect of the
changes.
The hon.
Member for South-West Bedfordshire has touched on all the points that I
wanted to make, but I should like to add to one, which related to the
3.1 per cent. figure in the Pension Protection Fund (Pension
Compensation Cap) Order 2008. The explanation is probably simple, but I
was slightly confused by the difference between that and the 3.6 per
cent. figure. It might be accounted for by the fact that one order
relates to the period ending in April and the other to the period
ending in July.
I was
more concernedthis strengthens the point made by the hon.
Member for South-West Bedfordshireabout whether the 3.1 per
cent. figure should be more in the region of 4.1 to 4.2 per cent. I
should be very happy if the Minister could clarify
that.
5.3
pm
Mr.
O'Brien:
Let me begin by dealing with some of the points
raised by the hon. Member for South-West Bedfordshire. The PPF set the
levy estimate for 2007-08 at £675 million. The number of
invoices issued for that year was 6,786, to a total value of
£476.1 million, and £334 million has already been
collected in the 2007-08 levy year. There were 832 invoices, totalling
£86.7 million, outstanding after 28 daysthey just had
not been paid yet. Of those, 271, amounting to £42.9 million,
were blocked owing to queries being raised.
That all relates to the way in
which the PPF issues a levy on a particular pension fund. The pension
fund must then either make the paymentas many of them
door say that the basis on which the PPF has calculated the
levy is wrong. The calculation of the levy is based on a standard
figure that is applied to all the pension funds; in addition, the
majority of the levy is calculated by reference to the level of the
perceived risk that a pension fund might call on the
PPF.
Although the PPF
employs external experts to assess the value of individual levies, they
can only do that assessment based on the information that they have
from the pension fund. When the pension funds get their levy, they look
at the basis of calculation and some of them say, Well, we
dont agree that the level of risk inherent in our pension fund
is as high as suggested, so the levy shouldnt be as high as
suggested,
for these reasons: we fund things slightly differently and we can supply
you with more information on this point or that
point.
Among
those who receive invoices, which are payable after 28 days, a number
of pension funds end up querying the level that has been ascribed to
them, usually in relation to the level of risk. That is a legitimate
exercise, but for the PPF it is a somewhat difficult one because it
means that if the PPF levies a certain amount and a number of invoices
are successfully queried, it will receive less in return than it
initially thought that it would, as has been the case in previous
years.
The PPF is now
aware that that situation is likely to happen, and it can take it into
account when assessing the levy because it can identify roughly what
percentage of payments it will get back. It is not an exact science; it
is an estimate, which is somewhat reliant on the pension funds that
will not challenge the figures making their payments within the 28
days. Nobody quarrels with those who challenge the figuresby
and large, many of them do sobut the PPF must then make an
anticipated collection, which may not be the same as it has
levied.
The PPF
anticipates collecting between £575 million and £625
million, even though it has issued invoices for above that figure.
However, there is no general risk to the PPF as required funding levels
have been met, which is an important point. The schemes have proved
that they are funded to the correct level, so there is no problem with
the PPF; it is properly funded and that is not an issue. The issue is
whether the whole levy will be paid at exactly the rate at which the
invoices are issued.
When invoices are
issued, it is anticipated that some of the pension funds will challenge
them and that can be taken into consideration. The PPF cannot predict
which ones will do so, but most people would recognise that the ones
that are likely to are those whose levy is higher than anticipated,
based on their own
view.
Andrew
Selous:
I am grateful to the Minister because he has given
us a lot of useful and important extra information. I would like to ask
one final question, which I think that he has already answered, but
which is so important that I would like to ask it again. Is he saying
that it does not really matter that in 2006-07 the PPF only raised
under half of what it estimated, as further analysis by the pension
schemes and the PPF is reaching a more precise figure for the correct
premium that must be paid into the PPF scheme to ensure that it is
properly funded? I think that that is what he has just said, but I
would be grateful if he would elaborate on that
point.
Mr.
O'Brien:
I would not go so far as to say that it does not
matterit matters, but not in a way that should cause any great
concern. Such issues are anticipated, in relation to the amount that
pension funds will pay on the levy. When we started the PPF, educated
guesswork was about all that we could look for, because we did not know
the extent to which pension funds would dispute the amounts levied. Now
that we have been running the PPF for several years, it
has become clear that there will be disputes, and that many pension
funds will raise concerns about risk assessments and other information,
which must be taken into account when assessing the levy. The 2006-07
levy was partly due to disputes about whether the method of calculation
was right, and any under-collection in 2007-08 will be due to issues
about risk, which have been anticipated.
Back in 2006-07, the PPF had to
deal with issues about employers responding to incentives to reduce
their risk. They would receive a levy and realise that as a result,
they were assessed for a particular reason as having a higher risk than
they assumed. They could deal with the assessment in several ways: they
could challenge the level of risk, or they could say, We pay a
higher levy because we do this, in a particular way, but well
change it, which is what they have done. They have then gone
back and said, We have changed that so you dont have to
levy us at such a high risk.
Schemes also provided much more
up-to-date information. Initially, back in 2006-07, when schemes were
considering matters, they provided fairly basic information, assuming
that it would not have much impact. As soon as they got a high levy,
however, they decided that supplying more information might influence
the amount that they paid. There were also issues relating to movements
in the financial markets: if a pension fund invested in a particular
way and it had an adverse reaction, that would affect the level of
risk. We have gone through a teething period with the PPF, trying to
deal with the issues that were going to arise. We could predict that
they would be issues, but not their precise nature and the way in which
they would develop as the PPF became older and more mature. We are now
in a better position to judge the situation, and over the coming years
we will be able to refine PPF levies much more effectively.
As I said in my opening
statement, the aim is to try to secure three years of stability. There
is no guarantee, because the situation depends on how the market works,
but the PPF will try to maintain reasonable levels of stability. It is
important to stress that that does not mean, however, that all levy
payers circumstances will remain as they are; any change may
well affect the way in which the levy must be paid.
The hon. Member for South-West
Bedfordshire asked whether an annual order for the cap on compensation
is necessary, given that we know what it will be. That is a perfectly
fair question. We made the annual order a requirement through primary
legislation to give some confidence and security to those who would be
levied that Parliament would exercise some scrutiny of the situation. I
do not know, because I have not read all the debates that took place at
the time, but I suspect that the hon. Gentlemans predecessors
took the view that it would be better for Parliament to keep a close
eye on the levy changes, and that the best way of doing so would be to
have an annual order. I suspect that that was partly the reason, but
stakeholders would also want to be reassured that Parliament will not
just allow the figures to rise. It is all about confidence. However,
given that we now know roughly the likely levels of levy payments and
caps, the stakeholders can look forward to a bit more stability in the
coming couple of years.
The hon. Gentleman asked about
the accuracy of the estimated figures and whether costs, particularly
in respect of the administration levy, would drop off over time. It is
difficult to predict that. Obviously, the PPF had considerable set-up
costs initially. In the first few years, costs had to be met, but when
managed over a longer time they will not be so great. However, the
number of individuals receiving payments from the PPF is increasing,
and that will obviously have an effect on the amount of administration
that must be carried
out.
However,
there will presumably come a point at which the sheer number of people
is not the determining factorthe increased number will not
require much additional administrative cost, because the administration
will have been set up to manage the increase. At that point, there
should be a drop in the administrative cost per individual receiving
compensation from the PPF. I do not know at what point that will occur,
but I am sure that the PPF has carried out some estimates. If the hon.
Gentleman wishes to discuss the matter with the PPF, I am sure that it
will welcome a meeting with
him.
The
hon. Member for Leeds, North-West asked about the various levels and
whether the differences relate to April and July. I am informed that
that they do. As for his other point, I shall give him a full
explanation. Paragraph 27 of schedule 7 to the Pensions Act 2004
provides that the Secretary of State must make an order to increase the
amount of compensation cap if, on a review under section 148(2) of the
Social Security Administration Act 1992, he concludes that the general
level of earnings obtaining in this country exceeds the general level
at the end of the period taken into account for the last review under
that section. Paragraph 27 of schedule 7 to the Act requires that the
increase is to have effect from 1 April next, following the end of the
tax year to which the review relates. That accounts for the 3.1 per
cent. increase under the compensation cap order. The uprating of the
levy ceiling is achieved by the
requirement of the Secretary of State to review any increase in the
general level of earnings for the period of 12 months ending on 31 July
in the previous financial year. That period is prescribed under
regulation 3 of the Pension Protection Fund (Levy Ceiling) Regulations
2006, using the power under section 178(4) of the Act. That accounts
for the 3.6 per cent. increase in the levy ceiling order.
I have explained the detail
but, in essence, the hon. Member for Leeds, North-West had the basic
point right. I hope that I have reassured him. The reason that we used
those particular figures rather than the current figures is that we are
required to use those figures under the statutory regulations. Having
answered those points, I hope that the Committee will approve the three
important
orders.
Question
put and agreed
to.
Resolved,
That
the Committee has considered the draft Occupational Pension Schemes
(Levy Ceiling) Order
2008.
DRAFT
PENSION PROTECTION FUND (PENSION COMPENSATION CAP) ORDER
2008
Resolved,
That
the Committee has considered the draft Pension Protection Fund (Pension
Compensation Cap) Order 2008.[Mr.
OBrien.]
DRAFT
OCCUPATIONAL PENSION SCHEME OCCUPATIONAL PENSION SCHEMES (LEVIES)
(AMENDMENT) REGULATIONS
2008
Resolved,
That
the Committee has considered the draft Occupational Pension Schemes
(Levies) (Amendment) Regulations 2008.[Mr.
OBrien.]
Committee
rose at twenty minutes past Five
oclock.