The
Committee consisted of the following
Members:
Chairman:
Mr.
Eric Illsley
Alexander,
Danny
(Inverness, Nairn, Badenoch and Strathspey)
(LD)
Cunningham,
Mr. Jim
(Coventry, South)
(Lab)
David,
Mr. Wayne
(Caerphilly)
(Lab)
Dobson,
Frank
(Holborn and St. Pancras)
(Lab)
Hill,
Keith
(Streatham)
(Lab)
Hollobone,
Mr. Philip
(Kettering)
(Con)
Jackson,
Mr. Stewart
(Peterborough)
(Con)
Laing,
Mrs. Eleanor
(Epping Forest)
(Con)
Lait,
Mrs. Jacqui
(Beckenham)
(Con)
McIsaac,
Shona
(Cleethorpes)
(Lab)
Mole,
Chris
(Ipswich)
(Lab)
Morden,
Jessica
(Newport, East)
(Lab)
O'Brien,
Mr. Mike
(Minister for Pensions
Reform)
Purchase,
Mr. Ken
(Wolverhampton, North-East)
(Lab/Co-op)
Rowen,
Paul
(Rochdale) (LD)
Sharma,
Mr. Virendra
(Ealing, Southall)
(Lab)
Waterson,
Mr. Nigel
(Eastbourne)
(Con)
Gosia McBride, Adrian Jenner,
Committee Clerk
s
attended the Committee
Fourth
Standing Committee on Delegated Legislation
Tuesday 11 December
2007
[Mr.
Eric Illsley
in the
Chair]
Draft Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2007
10.30
am
The
Minister for Pensions Reform (Mr. Mike
O'Brien):
I beg to
move,
That the
Committee has considered the draft Financial Assistance Scheme
(Miscellaneous Amendments) Regulations
2007.
I welcome you to
the Chair, Mr. Illsley. I am sure that under your
chairmanship we shall do a swift and thorough job. You will no doubt
ensure that the Committee members remain in good
order[
Interruption.
]
particularly
those of my hon. Friends who sound as if they might behave
otherwise.
As hon.
Members are aware, the financial assistance scheme offers help to
people who lost out on their final salary defined benefit occupational
pensions because their scheme was underfunded when it wound up or when
their employer ceased to operate or became insolvent. The scheme is
operated from York by the FAS operational unit. The regulations aim to
give more money to affected pensioners and to ensure that the number of
pensioners who can benefit increases. I hope that our consideration of
the regulations will help to enable such pensioners to be
paid.
The operational
unit has worked closely with trustees of pension schemes and has dealt
with nearly 400 applications from those schemes. As of today, 3,540
members of 278 schemes are being paidup from 675 members last
year. Some 130,000 are people involved in the various schemes, many of
whom are still working and are not yet pensioners. Others are
pensioners, but are receiving sums that mean that they do not require
funding from FAS, and yet others are in the process of applying to the
scheme. A further 1,223 members have been assessed and are likely to
become eligible for payment once they reach 65. In total, payments
amounting to more than £11 million have now been
made.
Let
me take this opportunity to update hon. Members on the Young review.
Andrew Young, the Government Actuary, has been examining the assets
belonging to the pension schemes and is in the process of completing
his report. His review will identify options for generating extra value
from the residual assets in the affected pension schemes. I saw a draft
of the report for the first time over the weekend. I emphasise that it
was at that stage a draft, because a number of media reports have
emerged in recent days that are somewhat suspect. I have not seen the
final report.
We are
determined to provide extra help for the affected pensioners, which is
why we pledged to match the extra funds that the Young review
identifies,
particularly if assets can be bulked up in annuities, with the goal of
moving towards providing 90 per cent. of expected core
pension.
Once
we receive the final report, we will be able to consider the options in
conjunction with colleagues in the Treasury, and we will make an
announcement when we have done that. The funds that are provided will
be on top of the £8 billion in cash terms or £1.9 billion
in net present value terms to which we have already committed through
the regulations we are considering today. The regulations will ensure
that we can provide increased assistance to more members of more
schemes.
Before the
Government introduced the Pension Protection Fund and FAS in the
Pensions Act 2004, no help was available for those who had lost out on
their pension because their scheme had wound up underfunded with an
insolvent employer. For decades, people just lost out. It was the
Government who introduced the PPF and FAS, and it is the Government who
have pledged to do
more.
The financial
assistance scheme, as originally constituted, helped only those within
three years of their normal retirement age on 14 May 2004. Last
December, we extended that help to members of qualifying pension
schemes who were within 15 years of their scheme normal retirement age
on 14 May 2004. Under that extension, assistance was tapered depending
on the members distance from normal retirement age. For
example, those between seven and 15 years from normal retirement age
would be considered for a lower top-up of 65 per cent. of their
expected core pension if they were between seven and 11 years from
normal retirement age, or 50 per cent. if they were between 11 and 15
years.
The original
FAS would have helped about 15,000 people over its lifetime, giving
assistance to people within three years of retirement, and was payable
at the age of 65. Last years extension to FAS increased the
number of those helped to about 40,000 and increased total funding for
FAS to £2 billion, up from £400 million in cash terms.
This years Budget saw a significant extension to the funding of
FAS. An additional £6 billion will be made available to help
affected members. The extra cash will be used to do away with the
tapers on assistance so that all qualifying members of schemes will be
eligible for a top-up to 80 per cent. of their expected core pension,
subject to a cap, at the age of 65. It will also raise the level of the
cap on assistance from £12,000 to £26,000 a year. It will
get rid of the de minimis rule, which meant that FAS awards of less
than £520 a year were not
paid.
Following
discussions with affected schemes, we are also
amending FAS qualification rules so that more schemes and more members
will qualify. Those changes mark our intention to help members of
pension schemes when trustees believe that it would be in the best
interests of scheme members to reach what is called a compromise
agreement with the employer. Under such an agreement, the trustee would
accept a lower amount than the full debt owed by the employer on the
wind-up of their scheme, in order not to tip the employer into
insolvency. To date, our information suggests that up to 13,500 members
may qualify for
assistance.
The
amended regulations will allow some small self-administered schemes of
fewer than 12 membersoften involving company
directorsthat were previously excluded
from FAS to be treated as qualifying schemes for FAS. The majority of
such schemes were established on a money purchase basis and will not
qualify for assistance under FAS. However, following representations
from a scheme that offered defined benefits and whose members seem to
be in similar circumstances to those of other schemes that are already
being assisted by FAS, we felt it right to extend it to include what we
know at the moment to be two schemes; it may go beyond that, involving
about 20 or so members. The regulations will enable that to
happen.
As
a result of the changes, we now expect about 130,000 people who have
lost their pensions as a result of their employer undergoing a
qualifying insolvency event to receive at least 80 per cent. of their
core expected pension, subject to the raised cap, from either FAS or
their pension scheme.
When will people benefit is the
big question. Some 2,500 pension scheme members already benefit from
the changes made under the Pensions Act 2007. The Act included changes
to increase the level at which we pay initial payments from 60 per
cent. to 80 per cent. and removed the de minimis rule applied to such
payments. Those provisions have been in force since July. The changes
mean that we have already been able to get help to the majority of
current FAS recipients without further
delay.
The
regulations round off a package of changes by, among other things,
implementing the increased cap for initial and annual payments and
removing the de minimis rule and the tapers currently applied to annual
payments. The operational unit has identified individuals who will
benefit from those changes. Assessment and payment can begin as soon as
the regulations come into force and members should start to receive the
money they are owedincluding backdated arrearsin the
next few weeks, and we hope that many of them will receive the payments
before Christmas.
I
hope those payments will make a difference for people who have often
despaired of seeing their pensions, which were promised to them by
their employers and for which they have saved. The operational unit is
working with trustees to ensure that it obtains the necessary
information from schemes that benefit from changes to the rules
relating to pension scheme
eligibility.
Mr.
Ken Purchase (Wolverhampton, North-East) (Lab/Co-op): A
worrying aspect of this whole matter is that trustees advisers
and accountants, who bear a great responsibility for the failure of
many schemes, are still administering the affairs of the trustees in
the same way. Will the Minister tell us whether he has had any
indication of the likely continuing costs for trustees
advisers, and where those costs will be met from? Specifically, will he
assure us that they will not be taken from Government
funds?
Mr.
O'Brien:
Pension schemes will need to use their advisers
to put together the required information to get payments from FAS.
There is a requirement that FAS should receive information from
trustees in a manageable form. There have been problems with some
advisers and some trustees who have not given information in a form
that is reasonably digestible for FAS, so the regulations will
prescribe a particular form in which the information should be
provided. Many of
the schemes will have advisers, accountants, lawyers and others who will
need to put together the information in a reasonable way. I am anxious
to be reasonable. FAS should be able to process information in any
reasonable form. I do not want the regulations to be too prescriptive,
but given that there have been one or two problems, it is right that we
should prescribe in the regulations that information be provided to FAS
in a certain form.
I have indicated to officials
that they should be reasonable. When information is provided in a way
that they can digest, deal with and process they should accept it, even
if it is not precisely in a particular format. The objective of the
regulations is to ease the process of getting payments to the
pensioners, not to set up a bureaucratic process for the sake of
it.
My hon. Friend the
Member for Wolverhampton, North-East rightly says that trustees will
meet the costs of advisers, lawyers, accountants and others. Some
trustees operate a big scheme and that is fine, but some of the trust
schemes are quite small, so the costs of employing such people could be
considerable. We must be reasonable and sensible about our approach.
The way in which we are making the regulations and in which we intend
to implement them will be reasonable and will satisfy some of the
requirements that my hon. Friend identifies. He is right to point out
that the scheme is operated by the taxpayer, and that there is a
difference, for example, between the PPF and FAS. The PPF is a type of
insurance scheme. The pension schemes pay into a pot; they pay a
premium in the form of a levy to the PPF, and if the scheme is wound
up, payments are made from that accumulated pot. That is not something
the taxpayer has created, nor is the taxpayer bailing out pension
schemes that have got into difficulties. The system is run, by and
large, by the pension schemes themselves, although under the PPF, which
was set up in statute.
The financial
assistance scheme is different: it is a taxpayer scheme, which attempts
to assist a group of pensioners who have had difficulties with their
pension schemes as a result of their employers winding up, or getting
into difficulties, before the PPF was in operation. The taxpayer should
not be unduly burdened, but we must get the balance right between
helping the pensionerswe are anxious to do that and have
already provided substantial sums to do soand ensuring that the
taxpayer is treated fairly. My hon. Friend is right to draw that issue
to our attention.
As
hon. Members will recall, the Young reviews interim report,
published in July, indicated that additional value might be found in
FAS assets by pooling them into a FAS fund, or through a bulkier
annuity purchase. Members on both sides of the House agreed on the
importance of preserving assets in relevant schemes, and we are
determined to maintain the value of those assets until we have
considered the reviews recommendations. We have already
introduced regulations to protect the funds in affected schemes by
preventing trustees from purchasing annuities in the majority of cases.
The regulations include a further protective measure to deter trustees
who are allowed to purchase annuities from buying annuities with
enhanced annual
increases.
Allowing
trustees to purchase generous indexation increases adds to the costs of
FAS and therefore affects the Governments capacity to deliver
increased benefits
to all members, as we hope to do following the Young review. Under the
proposed change to FAS, the scheme manager will be provided with broad
powers to redetermine annuity rates in cases where that rate has been
secured with annual increases that are unreasonable. We believe that
will deter some people from playing the system. We have
done that because some trustees apparently asked whether making such
purchases would be an appropriate way to behave. We have indicated that
it would not be appropriate, and we want to make that clear by
proscribing it in the regulations.
The regulations introduce a
number of amendments linked to the calculation of FAS payments,
recovery of overpayments and the provision of information. I have
already spoken about the provision of information, but we also want to
ensure that we clarify the way in which the other procedures
operate.
This has been
a frustrating time for many pension members who have been affected by
losses. They await the final outcome of the Young review, and the
Governments response to it. We will look further at
the matter; I understand that we may get the final report within a few
days and we will need some time to consider it over the next few weeks.
I hope to give an indication of our response to it in the not too
distant future.
Today, I hope that we can
approve the draft regulations and enable more money to be paid to the
pensioners. The measures will help to ensure that we increase the
number of pensioners who will get help, and that those pensioners who
already get help get more
help.
10.49
am
Mr.
Nigel Waterson (Eastbourne) (Con): It is a great pleasure
to serve under your chairmanship today, Mr. Illsley, on a
very distinguished Committee that includes such luminaries as the right
hon. Member for Holborn and St. Pancras. I am pleased to see in his
place the hon. Member for Wolverhampton, North-East, who is perhaps
paying us a farewell visit before his transferral to the other
place.
Mr.
Purchase:
Good morning, my
lord.
Mr.
Waterson:
Indeed. I am therefore pleased to serve on such
a high-powered Committee.
I welcome the
regulationsas far as they go, and those are the key words. They
mark another step in the Governments snail-like progress
towards the inevitable: the organisation of PPF-level compensation for
these 130,000 pensions victims. The Minister was right to say that
there is a difference between FAS and the PPF, and indeed there is. One
major difference for potential claimants is the vast disparity between
the payments due under the two schemes. The regulations go some way
towards improving the lot of some claimants, and I will come to the
detail in a moment. However, it is worth remembering that PPF has some
inflation linking, pays from scheme pension age, allows tax-free lump
sums and takes account of ill-health and early-retirement benefits and
benefits to dependent children, all of which sharply distinguish it
from FAS.
As I said, however, some progress has been made in the regulations, and
we welcome that, so I shall not be inviting my hon. Friends to divide
the Committee. None the less, we need to debate the detail.
The Minister referred in
passing to the fact that there was no comparable protection before
1997, but on one view, such protection was not previously needed,
because, without exception, all the problems that we are debating have
occurred since 1997. As I have conceded in the past, they are not all
the Governments fault, although they are in some measure. That
is why we have had to look at these issues since 1997 and why, at the
time, we supported the principle of setting up the PPF. As we know, the
130,000 people whom we are talking about cannot increase in number,
because their sinif that is the right wordwas simply to
fall outside the PPF start date, and those are the arrangements that we
have in place going forward.
I turn now to one or two of the
details, although the Minister took us through most of
them.
Mr.
O'Brien:
On a point of information, the hon. Gentleman
said that the number cannot get larger, but we are also looking at the
solvent schemes, which would bring in about another 20,000 people, so
we could be looking at about 150,000 people altogether. Therefore, the
numbers could indeed increase.
Mr.
Waterson:
I am grateful to the Minister for that. He is
right to note that, but leaving that point aside, the 130,000 cannot,
conceptually, get any bigger; indeed, the number is, sadly, dwindling
as people await their compensation.
It is important to remember
that the regulations are about providing what the Minister described as
80 per cent. core assistance, subject to the cap, of course. That is a
very different matter from providing 80 per cent. of peoples
expected pensions. It is unfortunate that Ministersparticularly
the former Chancellor, now the Prime Ministerhave tended to
confuse the issue in past statements. They have said that people will
get 80 per cent. of their pensions or that the Government hope to pay
people 90 per cent. of their pensions following the Young review, to
which I shall return in a minute. Nothing of the sort will happen. The
concept of the core pension is a novelty in pensions law and was
dreamed up specifically to make FAS look reasonably
generous.
The Minister
has taken us through the issues of tapered assistance, the de minimis
rule, the changes to the scheme qualifying rule dates and the changes
to the position under which a compromise agreement was in place and
enforcing the debt against the employer would have forced them into
insolvency. I think that I am right in saying that those all emanate
from the Budget statement in March. Under the earlier version, only
those qualifying members within three years of normal retirement age
would benefit, and the regulations extend that.
I understood the Minister to
say that now, instead of the original 15,000 people under
FASrising to 40,000, in principleeveryone of the
140,000 people could and should in due course benefit from the amended
regulations. I am sure that he will correct me if I have misunderstood
him. The notes say that it is
expected that all the estimated 125,000 peopleit seems that the
number is now 130,000will receive at least 80 per cent. of that
poor expected pension, which is good news up to a
point.
Mr.
O'Brien:
Just to clarify, it is right that, in principle,
all the various people covered could receive up to 80 per cent., but
some will already get that much in any event, because of the nature of
the payments that they receive from their scheme. Those people may
receive little or nothing, because their scheme already pays out at
about that level. In principle, however, if their scheme were to pay an
amount less than the required amount, they could top it up from
FAS.
Mr.
Waterson:
I am grateful to the Minister, whose point I
take entirely. I was merely making a broader point that, in principle,
all those people will be entitled to make some claim on FAS.
It would be interesting to know
the average payment to the 3,500 people now in receipt of FAS payments.
The Minister may need to write to me about that. It has been a slow
process getting that number up to even vaguely respectable levels. If
we take that figure, plus the 1,200 or so people who have been or who
are being assessed, how many does that leave out of the 130,000 people
who are already eligible to make claims on FAS but whose cases have not
yet been processed?
What is the average length of
time between starting to assess a claim and getting money to the
claimant? The Minister said that total payments to date are £11
million, which is a slight increase on the previous figures, but how
does that compare with the figure for the FAS set-up and running costs
to date? At one time, the costs were running ahead of the amount being
paid to claimants.
One crucial elementthe
elephant in the roomis the long-awaited final report from
Andrew Young. The Minister says that he saw a draft of it over the
weekend, but press coverage at the weekend and yesterday suggested that
the draft has not exactly found favour with his colleagues at the
Treasury. I assume that it is being passed around Whitehall in an
attempt to water down its conclusions. The Minister was not able to
say, but I shall press him on when he expects to see a final version.
How soon after that will it be published?
There have been some lurid
press reports in the past few days about what has happened to the Young
report. A report in The Sunday Telegraph said that the
Chancellor and the Prime Minister
are understood to be blocking the
rescue packageeven though Peter Hain, the Work and Pensions
Secretary, is keen to go ahead with it and says his department has the
cash to fund it.
It goes
on to say that, according to Whitehall insiders, whom I
assume are somewhere in the bowels of the Treasury, the Secretary of
State and the Minister are
very frustrated
that Downing Street and the Treasury are blocking the rescue
package.
It says that
the Minister
in
particular, is said to be mortified.
I looked up
mortified in the Oxford English
Dictionary this morning. It used to mean rendered
dead, but I do not think the Minister meant that. Over the
years, it has also come to mean to feel
humiliated, and if the press stories are remotely accurate, he
has every right to feel humiliated. They clearly emanate from some part
of the Government, if not from the Minister himself.
The
Sunday Telegraph
report continues:
Young is understood to
have finished his report and submitted it to the department, where it
is being tweaked by civil
servants.
We await the
results of the tweaking process, but I suspect part of those will, as I
have said, water down the conclusions of Andrew Young and disappoint a
large number of pensioners
again.
It is important
that we have clear ideas about when the report will appear. The
Minister is not only sadly mortified by all this, but only the other
day, the Secretary of State told one of his constituentsa
former member of the Dexion schemethat the Department for Work
and Pensions review has found that there is certainly sufficient money
to offer all the victims at least as much as is paid by the
PPF
at little or no
extra cost to the
taxpayer.
Certainly, in
his speech to the Labour party conference, the Secretary of State said
that he was
determined
to see justice
done.
Indeed, the other
day, the Minister for Pensions Reform was good enough to visit the
all-night vigil outside Downing street of some of the pensions victims.
I do not know what he actually said to them, but I hope that he gave
them some grounds for comfortno wonder he is mortified if the
rug has, in effect, been pulled from under him by the
Treasury.
Finally, on
this issue, the Financial Times states that Andrew Young says in
the report that the cash that he has
identified
would allow
the 125,000 workers to enjoy the same rights as people who are
protected by the more generous Pension Protection
Fund.
The Financial
Times goes on to state
that
Hain and
O'Brien are particularly angry because the report points out the
government may
escape
perhaps
that is not the right way to approach
it
with paying
£350m over 60
years,
to add to the
amount already committed to the scheme. It says that
the Secretary of State has privately conceded that the Government have
acted appallingly. That is not just a view that the
Secretary of State now apparently holds; we have had a long line of
condemnation on this issue from Select Committees and the ombudsman,
who was basically ignored by the Government. Of course the matter has
now reached the High Court and, indeed, the European Court of Justice.
In the most damning indictment of all, the ombudsman described the
Governments performance as
inaccurate, incomplete, unclear
and inconsistent
It is
not possible to add to or improve on that
finding.
It is worth
going back to Andrew Youngs interim report, which was produced
a few months ago, where it is clear that he had already identified
£1.3 billion worth of assets as yet uncommitted at that stage.
He concluded that, in
total,
we estimate that
there is approximately £1.7 billion of uncommitted assets in
schemes eligible for FAS
assistance.
I hope that,
in his final report, that figure can only increase.
One thing on which I will
commend the Government is the buying of bulk annuities, as mentioned by
the Minister. For a long time, we have said that that is the right way
to go, and people, such as Ros Altmann, have been saying for even
longer that it is simply wrong for the limited assets remaining in
those funds to be eaten up by buying bulk annuities on a large scale.
Although late in the day, that was the right thing to do, and I commend
the Government for
that.
Currently,
we still have a broad consensus outside the Government that we need to
find ways of increasing compensation levels up to those under the PPF.
The Public Administration Committees report says:
We support the general
principle that FAS benefits should be aligned to those in the
PPF.
Of course, the
Minister will have seen the cross-party early-day motion that was
tabled only yesterday and that, in effect, calls on the Prime Minister
to allow the Minister and his colleagues in the DWP to implement a
lifeboat as quickly as possible for those pensioners who have lost
their
pensions.
There
is a great deal of consensusa vogue word in pension circles
these dayson these points. That consensus now seems to envelop
and embrace the Secretary of State and, indeed, the Minister in respect
of what amounts to doing the decent thing. It seems that the only
people who are standing in the way are the Prime Minister and those in
the Treasury, which is, admittedly, not exactly a small problem to deal
with. However, as I have said, there is an inevitability about this
process. At each stage of FASs life, the Government have been
dragged kicking and screaming to each improvement that is made
available. This is the latest such improvementthat is why we do
not oppose itbut it will still not tackle the underlying
problem. In fact, a lot of people will still receive barely half of
what they would have expected from their pensions under FAS.
I am sorry to hear that the
squabbling within the Government machine is holding up the publication
of the Young report and preventing them from saying to those people,
Now, for once, you can have one Christmas that is not clouded
by uncertainty and worry about your financial future. That is a
great lost opportunity, and I hope that the Minister will prevail in
his battles with the Treasury. Perhaps we can get this back on track,
so that an announcement can be made before the House rises for
Christmas.
11.6
am
Danny
Alexander (Inverness, Nairn, Badenoch and Strathspey)
(LD): It is a pleasure to serve under your chairmanship once
again, Mr. Illsley. The Minister and the hon. Member for
Eastbourne have rightly described the history of this problem. As the
Minister has said, the regulations will certainly improve the benefits
paid to those who qualify as members of FASsomething that must
be welcomed.
I
particularly welcome the Ministers point about the regulations
providing a deterrent against those who, as he described, could play
the system with regard to how annuities are bought. The
new rules will enable FAS to control that more
effectively. Along with the measures on the purchasing of annuities
that were initially debated
on Report during the consideration of the Pensions Act 2007 and approved
after some to-ing and fro-ing with the other place, the new rules will
also ensure greater protection for the assets within the qualifying
schemes, pending the results of the Young review.
However, the Minister said that
many of those who qualify for help under FASpotentially, more
than 130,000have experienced what he described as a frustrating
time, which is an understatement. Certainly, when the proposals that
are embodied in the regulations were put forward in the Budget, the
response from the pensions action group and many of those who are still
waiting for their benefits to be paid was very deep frustration that
the Government had not chosen by that stage to go the full way, answer
their legitimate demands and ensure that the injustice that they had
suffered is met.
The
financial assistance scheme is now spending more on paying benefits to
those who qualify than on administration. Perhaps the Minister could
confirm that, but I suspect that those figures are still pretty close
together. He said that 2,500 people are benefiting at the moment, and I
should be grateful if he confirmed that figure. I wonder how many
people aged over 65 with qualifying schemes are still not receiving any
money at all under the scheme.
Certainly, having talked to
people at the pensions action group at the all-night vigil outside
Downing streetthe Minister attended it, and those who were
there showed him a great deal of gratitude and were pleased to see
himI know that a number of cases have been brought forward in
which people who are now aged over 65 and whose schemes would qualify
are still not receiving any money. That seems a particularly difficult
set of cases, and they must be dealt with. It is also one of the major
differences with the PPF, and our view is that people should get the
same benefit from FAS as that available from the PPF.
One of the other differences
with the PPF relates to how cases are processed: with FAS, all the data
must be provided and the details confirmed before anything can be paid,
whereas under the PPF, benefits can be paid even while the fine details
of processing are ongoing. As the hon. Member for Eastbourne said, it
is a frustrating process that seems to involve dragging concessions
from the Government, inch by inch, over a period of years. The
niggardly nature of the process has caused much of the
frustration.
The
Minister has said repeatedlyI welcome this, if he wants to go
furtherthat it is unlikely that these regulations will be the
last ones on this subject that we will debate. I hope that that is the
case and that we will be back here very soon. He referred to the Young
review in which great hopesnot least, his ownare being
invested to try to ensure that the matter can be concluded before the
next pensions Bill. He said that he had seen an early draft of the
report when it was still being batted around. Can he confirm when he
will get the final report? More importantly, when does he hope to
publish it and make a statement to the House? It certainly was the hope
and his expressed wish in past months that the process should be
completed before Christmas. Is that still his
objective?
Can
the Minister confirm whether the draft report has been seen by the
Treasury as well? Is there, as the hon. Member for Eastbourne said, any
truth whatsoever
to the reports in various media that there is a titanic struggle over
the matter between the Minister and the Prime Minister? If so, given
the way that the media have characterised the Ministers
intentions, we would certainly want him to be
successful.
This
is also important in the context of the regulations. There needs to be
a change of heart by the Government in one respect. It relates to the
definition of pension to which these and any future regulations apply,
and that is the concept of a core pension. A core pension is at the
heart of the regulations, but the concept is, at best, highly
misleading in terms of
outcome.
The
concept of a core pension seems to have been invented largely for the
purposes of the debate about FAS. Even if people get to 90 per cent. of
their core pension, that would still be significantly less than the 90
per cent. that they would receive if they were paid under the PPF. In
the ongoing debates within the Government, could the Minister drop the
concept of the core pension and set FAS and PPF recipients on an equal
basis? That would be clear, and everyone would be able to understand
it.
The PPF has
another advantage. The Minister made several references to
administration. Clearly, there are still administrative issues to deal
with, not least if the Young review identifies significant assets in
the defunct schemes that could be used to the benefit of recipients.
There was a question about how such funds would be managed, and there
have been reports that the Government are considering whether they
should be managed by the private sectorpotentially
privatised is how one report put it. Has the Minister
considered asking the PPF administration to manage that element of the
process as well? There would seem to be administrative advantages in
streamlining the systems, and there would be cost savings if that
organisation, which has already accumulated a good deal of experience
in managing its own funds, administered funds on behalf of FAS as
well.
I welcome the
regulations, as far as they go, but I hope that the Minister will
publish the Young review very soon. He says that that will take a
period of time. A short period would be welcome, because the
recipientsor, in most cases, non-recipientsof benefits
under FAS have been waiting a very long time indeed for what they would
describe, and I would agree, is a fair and just settlement: one that
pays benefits at the PPF level. There is a degree of consensus in this
room, even if not in parts of the Government, from what I understand.
We need to bring that consensus to fruition as soon as possible for the
sake of the pensioners and their families who have been waiting far too
long for a fair and just
settlement.
11.14
am
Mr.
O'Brien:
As I listen to Opposition
colleagues, it becomes clear that people should not always treat as
reliable what the Sunday Torygraph or other newspapers
say. When newspapers report things, pressure groups enjoy briefing them
and stirring up
stories.
As I said
earlier, we do not yet have the final report from Andrew Young. It is
more than a little suspect when people claim that various things are
being said because we have not even received the basis on which such a
debate might occur. At present, we have only a draft report and I am
not sure how much of it will
remain as it is. Andrew Young will be putting the final touches to it in
the next few days. I am hopingalthough I have not had
confirmation from himthat I will have the final report by
Thursday. We will then want to look at
it.
I
am conscious of the parliamentary timetable, but do not think that I
can get through the various discussions about and examinations of the
report by next Tuesday. I am happy to have discussions with hon.
Members from other parties about whether we should say something during
the Christmas period, if we are able to, or whether it would be better
to wait until 7 January, when the House returns. There will be an
opportunity on Second Reading of the Pensions Bill to discuss these
things more openly. I will be able to say much more to the House then,
but I am happy to discuss, through the usual channels, the best
approach for getting out the Governments response to the
report. My view is that it would be better to do it when the House is
sitting, but at present there is a difficulty with the
timing.
I
have listened with care to the hon. Members for
Eastbourne and for Inverness, Nairn, Badenoch and Strathspey. They are
talking about spending considerable sums of taxpayers money. I
know that the Conservatives have put forward the idea of a lifeboat and
the hon. Member for Inverness, Nairn, Badenoch and Strathspey also
referred to that. Let me say a word about those lifeboats, for which
there have been proposals at various stages. There are supposed to be
various funds, particularly in insurance policies, but also in pension
schemes. It has been suggested that there is as much as £3
billion in unclaimed assets, but as the Association of British Insurers
has pointed out, identifying and tracking such policies can have
considerable costs and most of the policies are for only small amounts.
The insurance policies may be unclaimed, but in principle someone, or
an estate, owns
them.
Norwich Union is
trying to identify the owners of up to £40 million-worth of
unclaimed policies, but it is a complex area and there are many issues
relating to ownership of assets and the payment of capital gains tax.
We have never said that there are no unclaimed assetsthere are.
However, the real issue is whether those unclaimed assets could be made
immediately available to make the PPF levels of repayment that the
campaign groups wanted. Those funds could not be made immediately
available and it would take a considerable period of time to access
them. We have asked the Young review to look at those issues and no
doubt we will all be able to see the result of the review in due
course.
Shona
McIsaac (Cleethorpes) (Lab): My hon. and learned Friend
mentioned Norwich Union, with which I have been working closely, as has
my hon. Friend the Member for Great Grimsby (Mr. Mitchell),
in tracking down the thousands of former trawlermen in our
constituencies who did not receive the pensions to which they were
entitled at the time. We must always bear it in mind that these assets
are part of peoples estatesmy hon. and learned Friend
is quite right to stress that point.
Mr.
O'Brien:
There are indeed unclaimed assets and there will
be people, or estates, with entitlement to them who have not yet made a
claim. We need to
approach the matter with care. In the medium term there may be issues to
look at, but in the short term it would be difficult to access those
funds.
Mr.
Waterson:
There is obviously consensus that there are
substantial unclaimed assets because the Governments unclaimed
assets Bill has been introduced in the House of Lords. The Government
have other views as to what that money should be spent on, but it is
inherent in the light of the fund proposals, as the Minister will
remember, that there should be Treasury loans to try to get the money
to the people who need it quickly, while the processes that he properly
describes are completed. There must be a major attempt to reunite
people with their unclaimed assets, and a long-term underlying
guarantee that late, genuine claimants can be looked after for years to
come.
Mr.
O'Brien:
On a point of information, I would be grateful if
the hon. Gentleman would identify the amount the Conservatives have put
into their financial accounts to show how much they would take in terms
of Treasury loans. I shall give way to him, if he wants to give me the
figure.
Mr.
Waterson:
The whole point of the loans is that they will
be repayable. I would have thought that was painfully obvious. This is
an example of the Opposition trying to find imaginative ways of getting
money to people who need it quickly, whereas the Government seem intent
on making the process as long, painful and drawn-out as
possible.
Mr.
O'Brien:
The nature of loans is that they are repayable.
What I am asking about is provision in the public sector
accounts
The
Chairman:
Order. I have allowed a fair amount of leeway in
terms of the Young report and discussions on unclaimed assets, but we
ought to come back to the document we are
discussing.
Mr.
O'Brien:
Through the regulations we seek to provide extra
funding for the various pensioners who have lost out as result of the
collapse of their pension schemes. It is important that we examine
whether it is
possible easily to bring forward further funds that will enable us to
make further provision. I have merely expressed my concern that some of
the claims being made by the Opposition are completely unfunded, and
they do not have answers to the questions. We have answers to some of
the questions and the funding to back them up. That is why the
regulations are being brought forward.
I will deal briefly with a
couple of the points raised in exchanges in the Committee. The hon.
Member for Inverness, Nairn, Badenoch and Strathspey asked how many
people were benefiting3,540 at present. He also asked about the
truth of various reports about a titanic struggle. I know which ship
would be going down if such a struggle occurred. I assure the hon.
Gentleman that I am not engaged in a titanic struggle with anyone, but
after we have received the final report there will no doubt be
discussions within Government about what extra help we can provide to
the pensioners. Let us have time to see the report before we engage in
those lively discussions.
The hon. Member for Eastbourne
asked me about average amounts. The amounts vary considerably in terms
of the payments received. In a sense, it is almost pointless to say
what the average is because some people receive a lot but some of them
receive only a small amount. I will see whether I can get some figures
that average out the amounts, to be of assistance to the hon.
Gentleman.
The
average time from claim to payment varies. Some trustees provide
information fully and comprehensively so payments can be made fairly
quickly, but other trustees do not provide detailed information. One of
the reasons why the regulations are necessary is to get trustees to
provide information in the best way. That will ensure that payments are
received as quickly as possible. I will try to average out some of
those figures, too. I am not sure that they will take us far in being
able to assess things, but the hon. Gentleman asked for them so I will
do my best to get them for him.
Question put and agreed
to.
Resolved,
That
the Committee has considered the draft Financial Assistance Scheme
(Miscellaneous Amendments) Regulations
2007.
Committee
rose at twenty-five minutes past Eleven
oclock.