The two legal views on the rights of 3.8 million 1950s women to get full restitution for their lost pensions

BackTo60 outside Royal Courts of Justice

The decision by Lord Justice Irwin and Mrs Justice Whipple to dismiss ALL claims of discrimination and failure to inform 3.8 million women born in the 1950s about the rise in their state pension age from 60 to 66 is in total contrast to the decision of Mrs Justice Lang who granted ALL the claims to be heard four months ago.

Obviously there is a big difference between permission for a judicial review to be granted so the case can be argued than a judicial hearing where the arguments are tested.

Nevertheless this startling contrast to me suggests that there are grounds for an appeal because the two judgments are so far apart. That is presumably why the two judges did not ban an appeal.

To remind people Mrs Justice Lang decided that even though the 1995 Pensions Act was passed 24 years ago the effect of the implementation of the Act was happening now and therefore this issue was subject to judicial review. She also agreed that both age and sex discrimination could be part of the hearing, and the issue on whether government action was contrary to EU directives on social security and whether people had been adequately informed about the changes.

The two judges have rejected all of this and upheld the case put by the Department of Work and Pensions in its entirety. No wonder the DWP is cock a hoop today.

They describe any challenge to primary legislation passed over 20 years ago as ” fatal” and they have published in detail all the attempts by the DWP to inform people. They have included discussions from 1993 onwards about changing the law as part of informing people.

But they abrogate any responsibility on whether the DWP did a good job or not. ” We are not in a position to conclude that the steps taken to inform those people affected by the changes to the state pension age for women were inadequate or unreasonable”.

They have also accepted the DWP’s argument that it was under no obligation to tell people at all and certainly not to individually informing anybody about the change because it was not written into the law.

This ruling should be a red line for MPs to insist in the future that any Parliamentary legislation that affects millions of people must include a clause requiring a ministry to individually inform the people affected in language they can understand and in good time.

Goodwill or good sense is obviously not enough to be left in the hands of individual ministers. It must be made mandatory that people are told.

The arguments over whether government action in handling the rise in the pension age contradicted EU directives amounted to age and sex discrimination or indirect legislation are complex.

But broadly the judges have accepted the DWP’s interpretation of the wording so as to exclude the changes to the pension age from any such directives.

They have also ruled out the role of the UN Convention on the Elimination of Discrimination against Women from having any bearing on the case.

” We have not been assisted by reference to CEDAW, it adds nothing to the claimaint’s case”, they say.

Their main argument is that the 1995 Pensions Act removed an advantage (my emphasis) that women had over men at the time they retired and anyway the decision was part of primary legislation which could not be challenged.

Jackie Jones, Labour MEP for Wales and an expert on CEDAW, says the judges have misunderstood the purpose of CEDAW which could make a possible grounds for appeal.

In her view the Judges did not consider the cumulative effect of unequal laws in the past on this particular group of women who were denied contributing to their own pensions when they worked part time which is one of the issues covered by CEDAW.

The judges also ruled out the recent victories in civil service and firefighters pensions having any bearing on the case because they involved transitional arrangements for work pensions rather than their right to a state pension.

Despite the harshness of the judgement the immediate effect has been to create widespread sympathy for the plight of the 50swomen in the media, among the general public and brought finally to national attention the whole issue.

It has also galvanised campaigners to fight on and with a general election on the horizon to put politicians in all political parties under pressure. It could cost the government, if it does nothing, 3.8 million votes from people who reliably go down to the polling station.

In Union News: Britain’s biggest public sector union Unison supports BackTo60

From Left to right: Unison’s national pensions officer, Alan Fox; Jackie Jones, Labour MEP for Wales; Sian Stockham, senior vice president Unison and Gloria Mills, national secretary, equalities,Unison.

At the TUC I was commissioned to write an article for Union News, the website that reports on all trade union action, about Unison’s decision to back the 1950s born women for the full restitution of their pension from the age of 60.

Unison were keen enough to support the BackTo60 campaign to come to Downing Street to hand in a letter to Boris Johnson, supporting their case which has been backed by a Parliamentary motion, started by Anna McMorrin, Labour MP for Cardiff, North and now signed by 190 MPs from all parties.

Next week Unison will be backing the campaign at a fringe meeting supporting the cause of the 3.8 million women at the Labour Party conference on Tuesday in the Metropole Hotel, Brighton.

You can read my article on the Union News website here.

Exclusive: BackTo60 and Unison take 3.8 million 50s born women pension demands to Downing Street

From Left to right: Unison’s national pensions officer, Alan Fox; Jackie Jones, Labour MEP for Wales; Sian Stockham, senior vice president Unison and Gloria Mills, national secretary, equalities,Unison., knocking at Downing Street’s door.

A group of leading BackTo60 campaigners and top people from Unison, the public service union, today delivered a personal letter to Boris Johnson calling on him to act to pay out the money owed to 3.8 million women whose pensions have been delayed by up to six years.

The delegation went direct to Downing Street preceded by Larry the Cat to press Boris Johnson to fulfill a pledge that he would look again at the problem for this particular group of women, many of whom have driven to poverty by the decision enacted by successive governments.

They are backed by a petition signed by 177 MPs of all parties calling for a Special temporary measure to grant the money owed without reversing the existing pensions legislation by returning the pension age to 60 for women.

The full delegation were Prof Jackie Jones, Barrister, MEP, Wales; Gloria Mills CBE, National Secretary, UNISON, Equalities, Sian Stockham, Senior Vice-President, UNISON, Alan Fox. National Pensions Officer, UNISON, Joanne Welch, Campaign Director,BackTo60.com and Callum Jones, Undergraduate.

Prof Jones said “It’s beyond time for women to have equal rights and equal financial entitlements for years of service.  Equal pension is part of this.  No way are women going to settle for anything less.”

 Gloria Mills said”1950s women deserve their full state pension now and the government should act by using the Temporary Special Measure contained to right this wrong. UNISON the UK’s largest trade union with 1 million women members will continue to fight for pension justice for the 3.8 million women born in the 1950s many of whom are UNISON members.”.  

She added: ” The recent idea that people may have to work to 75 is a disgrace to all working people. All these women have been discriminated against all their life by not being able to claim a pension while they are working part time or bringing up a family. Their pensions pots are miniscule compared to many men.”

Jackie Jones MEP and Gloria Mills

Sian Stockham said : ” Some women who just paid the married woman’s pension have been left with the disgraceful sum of just 10p a month which is a disgrace.

Callum Jones, an undergraduate student who joined the delegation said : “It is clear to see that the government is trying to take advantage of vulnerable members of society and if we don’t look after the most vulnerable members of our society what kind of society would we have.”

Delegation including myself in front of Downing Street.

 Earlier petitions, one of which reached 728,000, were delivered to former Prime Minister, Theresa May on 3 separate occasions:  It was ignored and this led BackTo60 to succeed in getting o a Judicial Review, held on 5th and 6th June was hthe Royal Courts of Justice,t and the Reserved Judgment is due soon.

In a rather bizarre move this May WASPI Ltd, which also represents some of the women, tried to urge MPs not to sign the motion calling for the restitution of the money to the 3.8 million. They believe the women should only get a bridging loan which will have to be paid back by having reduced pensions for life.

But this action is rather late as 177 MPs have already signed and the motion was delivered to Number Ten demanding full restitution today.

This is the Waspi Ltd statement re the EDM sponsored by Ann McMorrin MP for BackTo60
Larry The Cat

Parliament’s top official Black Rod displeased by Back To 60’s Flash dance on College Green

The BackTo60 Flash Dancers from @pandorasboxperformers.com pose in front of Henry Moore’s sculpture, Knife Edge.

BackTo60s new guerrilla campaign to highlight the plight of the 50s born women who are waiting up to six years to get their pension took on a new dimension yesterday – and brought the displeasure of Parliament’s top official, Black Rod.

Campaigners engaged Pandora’s Box performers to do a flash mob dance performance on College Green opposite the House of Lords. This is part of a guerrilla marketing campaign that has so far seen images backing the campaign projected onto Parliament and the Bank of England at night and the appearance of campaigning graffiti washed into the pavement outside Portcullis House, the Treasury and the Supreme Court.

Soundtrack: Dave Gammie https://www.davidgammie.com/ Film: Manou Bendon Medigang https://www.mediagang.co.uk/ Dancers: Pandora’s Box http://www.pandorasboxperformers.com/

Pandora’s Box Flashmob dance on College Green




But little were they to know that College Green – which might seem to me or you a public green place – is in fact part of the private Parliamentary estate.

So no sooner had the music started and the dancing began, Black Rod, who is The Queen’s representative in the House of Lords instructed one of her 30 staff to come down to remonstrate with BackTo60 organiser, Joanne Welch.

A lively discussion followed only mellowed when the member of staff, Fiona Shannon, who had been instructed to ask the dancers to go, realised she was one of the women born in the 1950s who would benefit from a victory by the campaign.

She then went off however to get reinforcements – allowing the dancers to do a quick encore – before the dancers decided to disappear down a Westminster sidestreet.

Joanne Welch said: ” I genuinely thought this was a public place and didn’t think we needed permission to stage the event. It is used regularly by broadcasters and also has been used by Remainers and Brexiteers to stage noisy demonstrations. I apologise if we needed permission.We will know next time.”

A House of Lords spokesperson said that College Green is part of the parliamentary estate. Any requests for filming or other activity are dealt with by Black Rod’s office on behalf of the House of Commons.

The spokesperson added :”Protests and operating amplified noise equipment are not permitted on College Green. The participants were made aware of this and left voluntarily.”

But not without accompanying their mission.

Not amused: Sarah Clarke,The Lady Usher of Black Rod Pic credit: Parliament.uk

For those curious about Black Rod,the current holder of the office is Sarah Clarke, the first woman appointed to the £93,000 a year post in 650 years.

She organises the State Opening of Parliament and the highest profile part of her role is summoning the House of Commons to hear the Queen’s Speech. She is also responsible for business resilience and planning for the House of Lords, and leads a department that includes the Yeoman Usher and the House of Lords Doorkeepers.

She was appointed last year having previously organised the Wimbledon tennis championships for a number of years.

As the Queen’s representative she now knows that her 1950s British subjects are pretty angry about the loss of their pensions.. Perhaps Her Majesty should be sent a video of Pandora’s Box great performance compliments of BackTo60,

BackTo60 Graffiti on the pavement outside Portcullis House
The guerrilla imaging campaign included a projection of one of my blogs on the wall of the Bank of England

Campaigning Graffiti: How an older generation of pension protesters are using the tactics of young activists

My image and blog on the side of the Bank of England

Disruptive protests are seen mainly but not exclusively as the preserve of the young. Whether it is blocking roads like Extinction Rebellion or organising street protests they are not the natural first choice of people old enough to be grandparents..

Yet the government’s refusal to even discuss any compensation with 3.8 million women born in the 1950s who are now waiting up to six years longer to get a pension has seen the first disruptive action organised by ” oldies” in the capital.

First there was a rally in Hyde Park and march which ended in Parliament Square where spontaneously some of the protestors blocked the road forcing the police to divert traffic for nearly two hours.

Then there has been an extraordinary partnership with young people in a guerrilla marketing organisation to project on to prominent buildings like the House of Commons, the Bank of England and the law courts – slogans demanding action to redress the problem. I am told there are no laws to stop anyone projecting slogans on any building. It also included one of my blogs revealing the Thatcher government’s decision to all but end the Treasury contribution to the National Insurance Fund.

Then in the dead of night graffiti started to appear on the pavements outside prominent London landmarks with slogans as part of the BackTo60 campaign to compensate the women.

Here are some of the pictures:

BackTo60 logo sprayed into the Westminster pavement
Graffiti praising the lawyer Michael Mansfield who represented the 50s born women in the judicial review demanding compensation.
Logo outside the entrance to Portcullis House, Westminster
Graffiti outside the Treasury.

None of this has been reported in mainstream media. And the public who see the graffiti may be puzzled about what it is all about.

But there is a deeper issue. This particular group of women are a large bedrock of the older generation. They have been until now mainly apolitical, bringing up their families, going to work and living normal lives.

But the total refusal of the government to even discuss the issue has transformed this. Shocked by this attitude they are becoming radicalised and for the government this is very bad news. They did form a large part of the group who traditionally voted Conservative. Very few will vote Conservative at the next general election. Some will vote Labour, some Liberal Democrat, Plaid Cymru or Scottish Nationalist, some the Brexit Party and some not at all.

This means given the antipathy to the Tories among the young that many Tory MPs who think they have secure majority may find themselves out of a job at the next general election. And the government will only have itself to blame for not listening to them.

BackTo60 take to the London streets to project their case to get their pension money back

While MPs were enjoying drinks and snacks in parties and receptions across London last week – I admit I was at one in the gardens of Westminster Abbey – a team of intrepid campaigners from BackTo60 took to the streets with the support Media Gang Guerrilla Marketing.

They stopped outside the Bank of England, The Law Courts in the Strand and opposite the House of Parliament to project images backing the 50s bornwomen campaign. One of my blogs was projected on the Bank of England and the Backto60 logo appeared on the side of Parliament overlooking the Thames.

Certainly if nothing else this campaign is creative – equal to some of the stunts of the younger generation. They should be proud that people never give up campaigning.