Women’s State Pension Age

With permission, I would like to make a statement to provide an interim update on the Parliamentary and Health Service Ombudsman’s investigation into the way that changes to the state pension age were communicated to women born in the 1950s. I am grateful to the ombudsman for conducting this investigation.

I recognise the strength of feeling on this issue, and it is important to set out the wider context and our initial understanding of the report itself. The fact that it has taken over five years for the ombudsman to produce the final report reflects the complexity of this matter. The period that the investigation considers spans around 30 years, dating back to the decision that Parliament took in 1995 to equalise the state pension age for men and women gradually from 2010. Since then, changes have been made through a series of Acts of Parliament introduced by successive Governments, which resulted in the state pension age for women rising to 65 by November 2018, and then to 66 by October 2020.

The announcement in 1993 about equalising the state pension age addressed a long-standing inequality between men and women. The changes were about maintaining the right balance between the sustainability of the state pension, fairness between generations and ensuring a dignified retirement in later life. Women retiring today can still expect to receive the state pension for more than 21 years on average—over two years longer than for men. Had the Government not equalised the state pension age, women would have been retiring today at 60, and they could have spent, on average, over 40% of their adult lives in receipt of the state pension. That would have been unfair, because, by the 1990s, life expectancy had significantly increased compared with 1948, when the state pension age for women was set at 60.

Turning to the investigation itself, it is important to be clear about what the ombudsman has not said, particularly following some of the inaccurate and misleading commentary since the report was published. The ombudsman has looked not at the decision to equalise the state pension age, but at how that decision was communicated by the Department for Work and Pensions. The report hinges on the Department’s decisions over a narrow period between 2005 and 2007, and on the effect of those decisions on individual notifications. The ombudsman has not found that women have directly lost out financially as a result of DWP’s actions. The report states:

“We do not find that it”—

meaning DWP’s communication—resulted in the complainants

“suffering direct financial loss”.

The final report has not said that all women born in the 1950s will have been adversely impacted, as many women were aware that the state pension age had changed.

In his stage 1 report, the ombudsman found that

“between 1995 and 2004, DWP’s communication of changes to State Pension age reflected the standards we would expect it to meet.”

The report also confirms that accurate information about changes to the state pension age was publicly available in leaflets, through DWP’s pension education campaigns, through DWP’s agencies, and on its website. However, when considering the DWP’s actions between August 2005 and December 2007, the ombudsman came to the view that those actions resulted in 1950s-born women receiving individual notice later than they might, had different decisions been made.

It is important to remember that during the course of the ombudsman’s investigation, the state pension age changes were considered by the courts. In 2019 and 2020, the High Court and the Court of Appeal respectively found no fault with the actions of the DWP. The courts made it clear that under successive Governments dating back to 1995, the action taken was entirely lawful and did not discriminate on any grounds. During these proceedings, the Court of Appeal held that the High Court was entitled to conclude as a fact that there had been

“adequate and reasonable notification given by the publicity campaigns implemented by the Department over a number of years.”

The ombudsman has taken five years to produce his final report. As the chief executive of the ombudsman herself has set out, the DWP has fully co-operated with the ombudsman’s investigation throughout this time and provided thousands of pages of detailed evidence. We continue to take the work of the ombudsman very seriously, and it is only right that we now fully and properly consider the findings and details of what is a substantial document. The ombudsman has noted in his report the challenges and complexities of this issue. In laying the report before Parliament, the ombudsman has brought matters to the attention of the House, and we will provide a further update to the House once we have considered the report’s findings.

This Government have a strong track record of supporting all pensioners. In 2023-24, we will spend over £151 billion on support for pensioners. That is 5.5% of GDP, and includes around £124 billion for the state pension. We are committed to ensuring that the state pension remains the foundation of income in retirement now and for future generations. That is why we are honouring the triple lock by increasing the basic and new state pensions by 8.5% from next month. This sees the full rate of the new state pension rise by £900 a year and it follows last year’s rise of 10.1%.

We now have 200,000 fewer pensioners in absolute poverty after housing costs than there were in 2010. Our sustained commitment to the triple lock demonstrates our determination to continue to combat pensioner poverty in the future. That is why we have reformed the state pension as well as workplace pensions, improving the retirement outcomes for many women. Our commitment to pensioners is why we introduced automatic enrolment, which has seen millions more women saving into a workplace pension.

This Government are committed to supporting pensioners in a sustainable way, providing them with a dignified retirement while also being fair to them and to taxpayers. I have set out our strong track record of backing our pensioners. I have also set out our commitment to the full and proper consideration of the ombudsman’s report. I note that the ombudsman has laid his final report on this issue before Parliament, and of course I can assure the House that the Government will continue to engage fully and constructively with Parliament, as we have done with the ombudsman.

I thank the Secretary of State for giving me advance sight of his statement, and thank the ombudsman and his staff for all their hard work. This is a serious report that requires serious consideration. The ombudsman has rightly said that it is for the Government to respond but that Parliament should also consider its findings. Labour Members will look carefully at the report too, and continue to listen respectfully to those involved, as we have done from the start.

The Secretary of State says that he will provide a further update to the House on this matter. When will he do so after the House returns from its Easter recess? This has been going on for years. He rightly says that issues around the changes to the state pension age have spanned multiple Parliaments, but those of us who have been around a little while will remember that the turning point that sparked the Women Against State Pension Inequality campaign was the Pensions Act 2011, in which the then Chancellor, George Osborne decided to accelerate the state pension age increases with very little notice. His comment that this

“probably saved more money than anything else we’ve done”

understandably angered many women. At the time, Labour tabled amendments that would have ensured proper notice was given so that women could plan for their retirement, which would have gone some way towards dealing with this problem.

The ombudsman began investigating how changes to the state pension age were communicated in 2019. In the same year, the High Court ruled that the ombudsman could not recommend changes to the state pension age itself or the reimbursement of lost pensions, because that had been decided by Parliament.

The ombudsman’s final report, published last week, says that, in 2004, internal research from the Department for Work and Pensions found that around 40% of the women affected knew about the changes to the state pension age. Does that remain the Government’s assessment? What is their assessment of the total number of women who would receive compensation based on the ombudsman’s different options? How many of them are the poorest pensioners on pension credit? How many are already retired or have, sadly, passed away? Given the Department already knew there were problems with communicating changes to the state pension age, why did the Government press ahead with the changes in the 2011 Act in the way they did, and in the way that sparked the WASPI campaign?

I thank the hon. Lady for her response, not least on the apparent points of agreement between us. We accept that there are strong feelings about these complex issues, and she is right to say that they must be given serious consideration and that we should listen respectfully to all those affected. She asks when the Government will return to the House with a further update, and I can assure her that there will be no undue delay.

The hon. Lady made a slightly political point about the 2011 Act, and I gently remind her that the ombudsman’s report focuses on the period between 2005 and 2007, when her party was in government.

The hon. Lady asked a series of questions about various assessments based on the findings in the report. Of course, that goes to the heart of my response, which is—and I think she agrees with this—that we should look closely at the report in order to make those assessments.

On the hon. Lady’s specific point about notice of changes to state pension age, it has always been the position that that should be adequate. Indeed, in the last review that I undertook of it, there was a delay in the decision to increase the state pension age to 68 into the next Parliament. Among other reasons, that was to allow for just that point to be addressed.

What is particularly important now is that we will fully engage with Parliament, as we did with the ombudsman. On the hon. Lady’s point about the ombudsman, its chief executive stated on Sky News on Thursday, the day the report was published:

“The Government, the DWP, completely co-operated with our report, with our investigation, and over the period of time we have been working they have provided us with the evidence that we asked for.”

That is our record in this particular matter, but may I once again assure the House that the Government will continue to engage fully and constructively with Parliament, as we have done with the ombudsman?

I welcome the Secretary of State’s comments and his emphasis that this is a complex matter—of course it is. However, the WASPI women have been waiting five years for the outcome of the ombudsman’s report. In his report and subsequent to it, when he wrote to various Select Committee Chairs from across the House, he gently encouraged us to keep a weather eye on how quickly the Government come forward with a solution. I recognise that this is an interim update, but I gently press my right hon. Friend: the WASPI women have been waiting five years for the ombudsman and they will not want to wait for a Select Committee inquiry into this report in order to see action from the Government.

I welcome my right hon. Friend’s question. Let me reassure her, as I have just reassured the House, that there will be no undue delay in our approach to this matter. We engaged fully with the ombudsman— that included more than 1,000 pages of evidence and a full commentary in respect of the previous interim report that it published. This report is more than 100 pages in length and it is very detailed, so it is only right that we do, in an appropriate manner, give it the due attention that it deserves.

The timid response from the Labour party is truly shocking. Regardless of what we have just heard, WASPI women have at long last been vindicated, after five long years, by the Parliamentary and Health Service Ombudsman report. Some 3.8 million women were impacted, of whom 270,000 have died without ever receiving their rightful pension.

Despite what the Secretary of State says, the verdict of the ombudsman’s report on the Department for Work and Pensions is damning and unequivocal, and weasel words will not change that. Women born in the 1950s had their pension age raised with little or no notice, and there have been failings at every turn by successive UK Governments. The report states that these women are owed compensation; that the DWP has refused to comply and must be held accountable for doing so; and that there was a failure to adequately inform women of the state pension age change. Those failures have had a devastating impact on lives, retirements and the financial and emotional wellbeing of WASPI women. Many have been reduced to poverty after being robbed of tens of thousands of pounds of pension, and that suffering has been caused by and is the responsibility of this broken Westminster system and this cosy Westminster consensus.

Financial redress is vital for these women and is in the interests of justice. Clearly Labour is not interested in that, but what we need from the Government is a commitment to prompt compensation for these women—with no barriers erected to prevent access to it—that recognises their financial loss and distress. We cannot have a situation where WASPI women have their campaign for justice vindicated and yet continue to be ignored. Any attempt to do that will rightfully result in a backlash.

We in the SNP stand shoulder to shoulder with these women, who have been abandoned and betrayed by the UK Government and the future Labour Government. Will the Secretary of State tell the House what it will take to compensate these women? Do we need another TV drama to embarrass and shame the Government into doing the right thing? These women are not going away but the longer this injustice is left unresolved, the greater the number of WASPI women who will die without seeing their pension—shame on this place.

The hon. Lady refers to “doing the right thing”. Doing the right thing by the people the hon. Lady describes is to look very closely, carefully and diligently at the report. It has been five years in gestation. It is detailed, runs to 100 pages and draws upon a vast reservoir of evidence. It is only right and proper, given that the report was published on Thursday and today is Monday, for all of us to have time to properly consider its findings. [Interruption.]

The hon. Lady refers to the general situation of pensioners. All I can say is that I am pleased and reassured that pensions generally are a reserved matter. We have been able to increase the state pension, last year by 10.1% and this coming year by 8.5%. We have pressed hard on promoting pension credit for poorer pensioners. We had a cost of living payment. Because it is a reserved matter, this Government were able to provide £300 to pensioners last November, alongside their winter fuel payments. As a consequence of that—[Interruption.]

Order. The hon. Lady has asked a question. Please listen to the answer.

I was merely pointing out the fact that we stand four-square behind pensioners across the United Kingdom to support them. That is why under this Government there are 200,000 fewer pensioners in poverty, after housing costs, than there were in 2010.

WASPI women across my Stroud constituency have campaigned consistently and constructively. I have grown very fond of them as we have discussed the subject over the years. As the Secretary of State knows, at the heart of the issue are women saying that they were left unable to plan or that their plans for the future were scuppered, so the focus should be on laying out a timetable as soon as possible. The issue of compensation is key to many of these women, who will have read the report. It is right that the Secretary of State and his Department look through the report in detail, but will he lay out a timetable, tell these women what is and is not possible, and manage their expectations as soon as possible, because they have waited?

My hon. Friend is a member of the Work and Pensions Committee and I welcome her question. I reassure her that there will be no undue delay. I thank her for recognising that we need to look at these matters with great care. That does not mean coming forward with some of the things that the Scottish National party may wish us to do on a Monday, given that the report landed with us only last Thursday.

I call the Chair of the Work and Pensions Committee.

Does the Secretary of State agree with the Chair of the Women and Equalities Committee, as I do, that those affected should not have to wait for the outcome of a Select Committee inquiry before learning the Government’s response? The equalisation of the state pension age was legislated for in 1995, giving 15 years’ notice to those affected. The 2011 changes, which accelerated the process, gave much less than 10 years’ notice to those affected. Is one of the lessons about what has gone wrong that we must ensure major changes of this kind provide at least 10 years’ notice, or preferably 15 years’ notice, before those changes take effect?

The right hon. Gentleman raises the potential role of Select Committees in these matters. As the Chair of the Work and Pensions Committee, he would have the authority to implement such ideas, if he were minded to do so. However, it is important that I and my Department seriously consider the findings in the report before we come to our conclusions, and that we then come to the House to present those conclusions. That is the most important point.

Having seen the report, I think this issue has gone on long enough and we now need to choose a compensation scheme and get it finished. Will the Secretary of State confirm that the Government will have made their mind up before the autumn fiscal event, so that we can see it set out by that date and know how much the costs will be?

Whether there will be an autumn statement at all, and the date thereof, is not within my remit—indeed, I am not certain whether an autumn statement is pencilled in for any particular date, or otherwise. The most important thing is that we recognise—this message should go out loud and clear from the Dispatch Box today—that there should be no undue delay in coming to the appropriate conclusions on this matter.