What a trailer for Third Reading! We will all be waiting.
On amendment 1, the hon. Member for Leeds North East set out a compelling case for why it is not just the cap, but the cut-off that we need to be seen to address. We have seen in the past how dates set for various reasons have ended up creating unfair and unforeseen consequences that Parliament did not truly intend. That certainly happened with dates for schemes in previous pension Bills, for reasons that seemed reasonable and understandable to the House at the time. We are now struggling with the consequences that were never intended. We must be wary about such cut-offs.
The arguments from the hon. Member for Cardiff North about amendment 1 had some validity. I suggest that some of the answers may be found in amendment 7, which was tabled by the right hon. Member for Holborn and St Pancras (Frank Dobson). The hon. Member for Cardiff North said that it might be harder for some pre-1991 annuitants to make the case that some of their losses were directly due to maladministration and that the nature, degree and pattern of maladministration was more obvious and accentuated after that. If so, amendment 7 would allow account to be taken of that, because it states:"““In determining the amount of the payments that it is appropriate for the Treasury to authorise under subsection (2), the Treasury must have regard to such matters relating to the adverse effects of that maladministration on those persons and the proper calculation of their resulting losses as have been determined by the Parliamentary Commissioner for Administration to be relevant to and appropriate for that calculation.””"
Amendment 7 would cut both ways. It would be an assurance that the loss suffered because of maladministration is duly reflected, and it could be used the other way because if it can be shown that some of the people who would be brought into the scheme by virtue of amendment 1 had not suffered because of maladministration, due weight could be given to that. Equally, the pre-1991 undue profits issue—some people went for market glister rather than reliable long-term worth—would not be precluded from being properly addressed and balanced. We all want to achieve an adequate compensation scheme.
I shall support amendment 1 if it is pressed to a vote, and I commend amendments 2 and 7. Together, they would go some way to improving the Bill. They would also go some way to improving Parliament's reputation at a time when people have been so disappointed and frustrated by how long this problem has been allowed to run on. I welcome the Minister's assurances, which he made in an intervention, that the interests of the dependants of those who have died will also be properly addressed.
It is not enough to say, ““Well, this is great; we now have something that is better than Chadwick. We now have something that is better than the previous Government's proposals.”” People were deeply distressed by the previous Government's long inertia and indifference, but they are not hugely impressed by urgent inadequacy. The purpose of the amendments is to ensure that we do not make errors through urgent inadequacy.
Equitable Life (Payments) Bill
Proceeding contribution from
Mark Durkan
(Social Democratic & Labour Party)
in the House of Commons on Wednesday, 10 November 2010.
It occurred during Debate on bills
and
Committee of the Whole House (HC) on Equitable Life (Payments) Bill.
Type
Proceeding contribution
Reference
518 c311-2 
Session
2010-12
Chamber / Committee
House of Commons chamber
Subjects
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Timestamp
2023-12-15 18:56:12 +0000
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