Extracts from second reading debate (Commons) of the Pension Schemes Bill - Oct 7
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The Secretary of State for Work and Pensions (Dr Thérèse
Coffey):...One big concern people have relates to scams. Clause 125
further protects savers from falling victim to unscrupulous
scammers when considering transferring their pension pots. The
measures allow us to place conditions on a scheme member’s right to
transfer their pension savings to another pension scheme. This will
protect members from pension scams by giving trustees of
occupational pension schemes a level of confidence...Request free trial
The Secretary of State for Work and Pensions (Dr Thérèse
Coffey):...One big concern people have relates to scams. Clause 125
further protects savers from falling victim to unscrupulous
scammers when considering transferring their pension pots. The
measures allow us to place conditions on a scheme member’s right to
transfer their pension savings to another pension scheme. This will
protect members from pension scams by giving
trustees of occupational pension schemes a level of confidence that
transfers of pension savings are made to safe, not fraudulent,
schemes. Regulations will proscribe the circumstances where there
is a high risk of a transfer to a fraudulent scheme and could
require scheme members to obtain information or guidance before
transferring...
Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op):...The other element of this, sadly, is pension scams. Regrettably, George Osborne’s pension freedoms, exactly as was warned of, have been a watershed moment for fraudsters, who have taken advantage of such a significant change in the rules. As the shadow City Minister and now as the shadow Secretary of State for Work and Pensions, I have been made aware of some truly dreadful stories. I remember one especially bad case where the victim not only lost their pension to the scam, but was then pursued by Her Majesty’s Revenue and Customs for many years for the tax payable on that money, because they had accessed it under the age of 55, even though they had been under the impression that they were moving it to a legitimate investment for nowt. That is the kind of scam that absolutely ruins lives, and the penalties and action taken against fraudsters should be severe... Stephen Timms (East Ham) (Lab):...However, I want to focus my remarks on the issue of pension scams echoing a number of points that have already been made. As we have heard, the Select Committee has started an inquiry on pension scams which the Secretary of State referred to. That is the first strand of three in an assessment of the pension freedoms five years on from their introduction by George Osborne. Losing one’s pension savings to a scam is devastating. The Select Committee has heard of lives that have been ruined by scams—of people who have worked hard all their lives and were looking forward, as they were entitled to, to a comfortable retirement, finding suddenly that their savings have all been stolen; husbands not daring to tell their wives what has happened, or of the shame or dread of the future that they are suffering. We do not know the scale of this issue. Many scams are never reported, partly because people are ashamed of what they have done and partly because they know that the chance of ever retrieving any of the money is slim. There are grave concerns about the effectiveness of Action Fraud in investigating and ensuring the pursuit of scams, given the low rate of success in retrieving scammed pensions. The pension scams industry group, to which I pay tribute, estimates that scams could account for anything between 0.5% and 12% of all transfers out of employer pension schemes in the last five years. If we take the middle figure—say 5%—that would mean that over the last five years £10 billion of pension savings have been stolen. There are certainly well-informed reports of named individuals living in the lap of luxury in homes in exotic locations around the world on the proceeds of pensions out of which they have defrauded hard-working savers. I am bound to say that these awful problems should have been foreseen when pension freedoms were introduced five years ago. Indeed, as I remember well, they were foreseen, but the coalition Government did not adequately prepare for them. I do not know why—they should have done, but they did not. Charles Randell, chair of the Financial Conduct Authority, said at the 2020 annual public meeting of the FCA that “the manner in which the pension freedoms were introduced leaves a number of lessons to be learnt, including about the importance of coordinating changes in government policy with regulatory and industry preparedness and the speed with which major changes are introduced.” He was absolutely right—those things were not done, and thousands of hard-working people have had their lives ruined as a result. The pension scams industry group has thought long and hard about this, and the pensions industry has every incentive to worry about the reputational damage that it suffers as a result of the impact of scams. If people cannot trust what will happen with their money they will not save. The industry group has identified red flags to assist in establishing whether the destination for a proposed transfer is likely to be a scam. It has suggested three main flags, any one of which, most people would agree, should mean that the transfer should not go ahead: first, if the receiving scheme is on the FCA warning list or some other internal list of schemes, entities or individuals of concern; secondly, if advice on the proposed transfer has been provided by firms or people who do not have appropriate regulatory permissions; and, thirdly, if the provider or self-invested personal pension operator is not registered with the FCA. The industry group has identified a number of other flags that may not in themselves show that the transfer ought not to go ahead, but do suggest that further checks need to be made before it does. As I mentioned in my exchange with the Secretary of State, an amendment to the Bill was tabled in the other place to ensure that if a proposed transfer raised red flags it should not go ahead until the saver had taken financial advice. The problem graphically reported by the pension scams industry group is that only about a quarter of would-be scam victims would be deterred from proceeding after receiving advice telling them not to do so. The scammers win people’s confidence—they become their friends, as we heard in the Select Committee this morning. The scammers tell people, “Yes, they will say that, but that is because they do not want you to move your money.” People trust scammers until the moment they find their pension has gone... Dr Ben Spencer (Runnymede and Weybridge) (Con):...Of course, when people go on that journey, out come the crooks. Sadly, when it comes to scamming, there are many crooks in the world. The Work and Pensions Committee heard harrowing evidence of the scale and impact pension scams can have on people’s lives; in some cases people lost their life savings just as they were planning to retire, with no ability to get back into employment to recoup them—the worst possible situation. We know that in times of economic stress, such as the current pandemic, the rate of scams increases. I therefore especially welcome the additional powers for the regulator, the greater sanctions on employers or trustees who do not fulfil their obligations, and the measures in clause 125 to protect individuals from scams. The ability to introduce conditions on a member’s right to transfer their pension means safeguards can be added to prevent money being sent to scam accounts, but the scammers will not go away and we must strive to do more...Aaron Bell (Newcastle-under-Lyme) (Con):...As a member of the all-party parliamentary group on pension scams and someone who has a general interest in these matters, I am pleased to speak in favour of the important work that the Government have been undertaking. This important legislation will benefit members of the public and help people to plan for their future. It will have an important impact on people saving into pensions for their retirement and ensure that reckless bosses cannot gamble with people’s savings. It will transform the way that people get information about their retirement savings, and it will empower the Pensions Regulator by making it tougher and making its guidance clearer... Jack Dromey (Birmingham, Erdington) (Lab):...Crucially, we need to go further and to ensure that, on this issue of scams, decisive action must be taken at the next stage. My right hon. Friend the Member for East Ham (Stephen Timms) and the hon. Member for Amber Valley (Nigel Mills) rightly said that more needs to be done. My hon. Friend the Member for Blaenau Gwent (Nick Smith) told a harrowing story about the terrible consequences of workers who fall victim to pension scams. I always remember the terrible story, from when the Financial Guidance and Claims Act 2018 went through the House, of the Port Talbot shift worker who burst into tears when he met the Pensions Advisory Service, because he had been seduced into transferring out of his good historic scheme into a far inferior scheme. He was in tears because he had seen all those he supervised on his shift follow his example and all lose out as a consequence... ...In Committee, the Opposition will push for measures we want to explore: widening auto-enrolment; better protection against pension scams because of the urgency of a growing scandal; and ensuring that the dashboard is run in the public interest. We hope the Government will continue, as they have done thus far, to work with us and other Opposition parties to achieve wider and longer-term policies that will protect people’s pensions. I will end on the point I started with: there is a sacred duty on all of us here to always champion the cause of security and dignity in retirement. The people of Britain deserve nothing less... To read the whole debate, CLICK HERE |
