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Lords committee stage third day. Clauses 9 and 10 agreed to.

Lead member
Baroness Sherlock
Answering member
Baroness Stedman-Scott; Viscount Younger of Leckie
Department
Department for Work and Pensions
Type
Committee proceedings; Debates on bills
Notes
Northern Ireland and Welsh legislative consent sought, Scottish legislative consent granted.
Date
19 January 2026
Reference
852 cc1-46GC
House
House of Lords

Moved by

Lord Davies of Brixton

23: Clause 9, page 10, line 18, leave out “surplus” and insert “assets”

Member
Lord Davies of Brixton (Labour)
Type
Proceeding contributions
Date
19 January 2026
Reference
852 c1GC
House
House of Lords

This group raises important issues about the purpose of these proposed changes to the legislation on pension schemes. I am going to move my Amendment 23 and speak to my Amendments 25, 27, 28, 29 and 30—and I thank the Chairman for the correction. I look forward to the speech...

Member
Lord Davies of Brixton (Labour)
Type
Proceeding contributions
Date
19 January 2026
Reference
852 cc1-3GC
House
House of Lords

My Lords, I will briefly intervene because the probing amendments here are important to how we look at the precise nature of surpluses. Clearly, the principle of making it easier to return a genuine pension scheme surplus to employers is worthy of support, particularly given how much has historically been...

Member
Lord Kirkhope of Harrogate (Conservative)
Type
Proceeding contributions
Date
19 January 2026
Reference
852 cc122-4GC
House
House of Lords

My Lords, we come to three groups of amendments. The next two deal with what you might do with the surplus, and I have amendments in those. This group deals with the principle of what a surplus is. I am grateful to the noble Lord, Lord Davies, for giving us...

Member
Viscount Thurso (Liberal Democrat; Liberal Democrat)
Type
Proceeding contributions
Date
19 January 2026
Reference
852 cc4-5GC
House
House of Lords

My Lords, I will say a little more in our debate on the next group about how surpluses should be used, but we must recognise that employers in defined benefit schemes underwrite defined benefit scheme finances; they are the ones who have

been putting in very large sums of money...

Member
Baroness Noakes (Conservative)
Type
Proceeding contributions
Date
19 January 2026
Reference
852 cc5-6GC
House
House of Lords

My Lords, I thank the noble Lord, Lord Davies, for putting these amendments down and speaking in detail about them. We also heard good words from the noble Lord, Lord Kirkhope, the noble Viscount, Lord Thurso, and the noble Baroness, Lady Noakes. I almost thought, “Is there any point in...

Member
Lord Palmer of Childs Hill (Liberal Democrat)
Type
Proceeding contributions
Date
19 January 2026
Reference
852 cc6-7GC
House
House of Lords

My Lords, when I entered the department in July 2019, defined benefit pension schemes did, on occasion, report surpluses. However, those surpluses were neither of the scale nor the character that we are now observing. If one looks back over the past quarter of a century and beyond, it is...

Member
Baroness Stedman-Scott (Conservative)
Type
Proceeding contributions
Date
19 January 2026
Reference
852 cc7-8GC
House
House of Lords

My Lords, I am grateful to my noble friend Lord Davies of Brixton and the noble Baroness, Lady Stedman-Scott, for explaining their amendments, and to all noble Lords, who have spoken so concisely—we positively cantered through that group; may that continue throughout the day.

It is worth saying a word about...

Member
Baroness Sherlock (Labour)
Type
Proceeding contributions
Date
19 January 2026
Reference
852 cc8-10GC
House
House of Lords

I am sorry to interrupt the Minister. I raised the question of safeguards. There is a lot of evidence in the industry that there is a lot of pressure. The Minister talks about the driving seat, but the actual installation of the driver into the car is at the behest...

Member
Lord Kirkhope of Harrogate (Conservative)
Type
Proceeding contributions
Date
19 January 2026
Reference
852 c10GC
House
House of Lords

I am coming on to that, but I am grateful to the noble Lord for pressing me on it. All trustees are bound by duties which will continue to apply when making decisions on sharing surplus. They have to comply with the rules of the scheme and with legal requirements,...

Member
Baroness Sherlock (Labour)
Type
Proceeding contributions
Date
19 January 2026
Reference
852 cc10-1GC
House
House of Lords

I thank my noble friend the Minister for her reply and other speakers who have contributed to this debate, which I think was worth having. I am pleased that I raised the issue on terminology. I recognise that it is a lost cause, but I have never been afraid, like...

Member
Lord Davies of Brixton (Labour)
Type
Proceeding contributions
Date
19 January 2026
Reference
852 c11GC
House
House of Lords

Moved by

Baroness Altmann

26: Clause 9, page 10, line 39, at end insert—

“(7A) Regulations may provide that payment of surplus to the employer may only be made to the employer on the condition that—

(a) enhancement to member benefits particularly relating to provision of pre-1997 inflation increases, or

(b) one-off payment to reflect...

Member
Baroness Altmann (Non-affiliated)
Type
Proceeding contributions
Date
19 January 2026
Reference
852 cc11-2GC
House
House of Lords

My Lords, in moving Amendment 26, I shall speak to my similar Amendment 39, to both of which I am grateful for the noble Baroness, Lady Bowles, adding her name. To follow on from the words of the noble Lord, Lord Davies, I am introducing these amendments as a marker,...

Member
Baroness Altmann (Non-affiliated)
Type
Proceeding contributions
Date
19 January 2026
Reference
852 cc12-3GC
House
House of Lords

My Lords, I rise principally to speak to my Amendment 38 in this group and to support my noble friend’s Amendment 44, to which I added my name. I am in broad sympathy with the mover of Amendment 26.

I think we can all agree that we would like to deal,...

Member
Viscount Thurso (Liberal Democrat; Liberal Democrat)
Type
Proceeding contributions
Date
19 January 2026
Reference
852 cc13-4GC
House
House of Lords

My Lords, I understand the motivation behind the amendments in this group, which call, in one way or another, for inflation protection, in particular for pre-1997 pensions that do not benefit from indexation to have a first call on pension scheme surpluses. I do not, however, support these amendments.

When compulsory...

Member
Baroness Noakes (Conservative)
Type
Proceeding contributions
Date
19 January 2026
Reference
852 cc14-5GC
House
House of Lords

My Lords, I want briefly to enter this discussion to identify another group not captured in the neat divide of employers and scheme members. When there is £160 billion knocking around, people tend to work out elegant arguments for why some group or another has a claim on that money....

Member
Lord Willetts (Conservative)
Type
Proceeding contributions
Date
19 January 2026
Reference
852 cc15-6GC
House
House of Lords

May I ask my noble friend a couple of questions? I totally accept the rationale for the change happening only post-1997, but does he accept that because we now have surpluses and there is this gap, a one-off payment would be a potential way of recognising the problem faced by...

Member
Baroness Altmann (Non-affiliated)
Type
Proceeding contributions
Date
19 January 2026
Reference
852 c16GC
House
House of Lords

I am not against such payments. As I say, I think this is highly discretionary—there would be a negotiation. I absolutely understand that argument, and we have all received letters from the people suffering financial distress in some circumstances because of not having pre-1997 inflation protection. But I just want...

Member
Lord Willetts (Conservative)
Type
Proceeding contributions
Date
19 January 2026
Reference
852 cc16-7GC
House
House of Lords

I am quite pleased to follow the noble Lord, Lord Willetts, because I feel that we are fishing slightly in the same pond. I added my name to the amendment proposed by the noble Baroness, Lady Altmann, and I support doing something for the pre-1997 people. When you look at...

Member
Baroness Bowles of Berkhamsted (Liberal Democrat)
Type
Proceeding contributions
Date
19 January 2026
Reference
852 c17GC
House
House of Lords