Parliamentary Ombudsman to send out confidential draft findings on 50s women pensions next week

A younger picture of Rebecca Hilsenrath

A confidential copy of the provisional findings of the Parliamentary Ombudsman’s report revealing what compensation the 3.5 million remaining 50swomen will get for their delayed pensions will be sent out to selected parties at the end of next week.

This long, long awaited move was announced by Rebecca Hilsenrath, chief executive of the Ombudsman’s Office, to Mps on the Public Administration and Constitutional Affairs Committee yesterday.

Ms Hilsenrath told MPs that this long drawn out investigation had been ” challenging” and the Ombudsman had needed expert legal advice on how to proceed with the report. She said the investigation which began in 2018 had twice been paused because of litigation. These included the judicial reviews brought by ” Backto60″ – now CEDAWinLAW and Waspi . Backto60 had fought the DWP over indirect discrimination in the process and Waspi had wanted the finding of maladministration widened to cover other circumstances which had affected women’s claims.

It was also revealed that the Department for Work and Pensions had contributed to the delay by asking for more time to consider the issues.

Altogether it will have taken seven years before the public release of the report expected in the New Year of the Ombudsman’s findings during which over 250,000 women have died.

John McDonnell, the former shadow chancellor, said these delays and extensions had mean it would mean ” justice delayed becoming justice denied” and pressed the Ombudsman not to grant any more extensions to the DWP or other parties.

The schedule announced by Ms Hilsenrath will give the six ” test case” complainants until Christmas to respond. The provisional findings are also being sent to the DWP and Waspi but not to CEDAWinLaw.

” We will then take into account their views before issuing a final report in the New Year.”, she said.

The announcement yesterday came as the £15,000 crowd funder launched by CEDAWinLAW has already raised over 70 per cent of the cash so lawyers could draw up a strategy to bring a group class action against Mel Stride, the works and pensions secretary, for direct discrimination in the way they handled the raising of the women’s state pension from 60 to 65.

The lawyers handling the case are human rights lawyer John Cooper, KC and David Greene.

John Cooper KC

John Cooper said: “This is an important challenge for so many women in this country. The weight of the evidence indicates a grave injustice to them and we will robustly represent their interests as we move forward with the assistance of a first class legal team”

David Greene is regarded as an expert in bringing Class Actions for groups and cited as one of the best litigators in the City. He is a past President of the Law Society which represents solicitors.

Initially the Parliamentary Ombudsman’s Office said the “as far as we are aware no legal proceedings have been issued so no implications for our investigation.”

Rob Behrens, Parliamentary Ombudsman

Yesterday Rob Behrens, the Parliamentary Ombudsman, changed his position warning that further litigation would delay proceedings for the publication of the report.

Jovelynne Scutt, the former Australian anti discrimination commissioner, who has compiled a report saying the DWP is in breach of international law, says the legal case should have no bearing on the Ombudsman’s report which is mainly about maladministration.

Yesterday Ms Hilsenrath also admitted that the office’s handling of the complaint would be reviewed by the Parliamentary Ombudsman to see what “lessons can be learned” over the long process it has taken. By then Rob Behrens, the current Ombudsman, will have retired and a new one would be in place.

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MP reignites Back to 60’s demand for “full restitution” for 3.8m 50s born women

Ian Byrne MP

A Labour MP has tabled a fresh Parliamentary motion backing the case for women born in the 1950s to have repaid all the money they lost by the six year delay in receiving their pension. For some people this could be as high as £50,000.

Ian Byrne, Labour MP for Liverpool, West Derby, tabled the new motion this morning reigniting the issue which the government want dead and buried after the campaign group Back to 60 lost in the Court of Appeal and the Supreme Court refused to hear the case.

The full test of the motion is:

“That this House welcomes the positive interventions from so many hon. Members from across the House on behalf of women born in the 1950s who have lost their pensions; and pays tribute to constituents and campaigners in their ongoing fight for justice; recalls that women born in the 1950s were subject to discriminatory employment and pension laws; recognises that this included being excluded from some pensions schemes; recognises that this had the negative effect for them of losing the opportunity to have the same level of pension as their partner or spouse; further recognises that this has had the consequence of women in this position never being able to have equal pensions to men; further notes that this has negatively and profoundly impacted on them including increased poverty, deteriorating health and homelessness; notes that at least 3.8 million women have been impacted by the loss of their pensions from the age of 60 in three separate age hikes; and calls on the Government to enact a temporary special measure as permitted by international law to provide full restitution to women born in the 1950s who have lost their pensions from the age of 60 because of the impact of the rise in retirement age. “

50s women unjustly treated

While Parliamentary motions are rarely debated publication of this motion acts as a noticeboard to other MPs and ministers that there is a still a very strong feeling in Westminster that the women have been unjustly treated.

It is significant that the motion tells the government that there is a mechanism in Parliament that they can use to implement the change – known as the special temporary measure- which would lead to the women being paid quickly.

It comes at the time when through ill health and Covid 19 some 204,000 women have already died before they get their pensions.

It is also significant as it shows that there are MPs in Parliament who think that the state pension inequality for women all party parliamentary group does not go far enough in redressing the issue. This group, chaired by Labour MP Andrew Gwynne and Tory MP Peter Aldous, has submitted proposals to Robert Behrens, the Parliamentary Ombudsman, asking for him to offer a minimum of £10,000 compensation to the women. This proposal backed by WASPI has two drawbacks. First the Ombudsman has to agree and given his report only found partial maladministration between 1995 and 2010 he may decide not to agree such a high sum. And he has no power to force the government to accept his recommendations beyond shaming them.

John McDonnell MP

This new motion is backed by 15 MPs including John McDonnell, the former shadow chancellor, and Jeremy Corbyn, the former Labour leader. It is perhaps rather ironic that if Labour had won the last general election compensation might have already agreed as John McDonnell promised a £58 billion pay out to correct the injustice.

Other MPs backing the move include Jim Shannon, the DUP social care and health spokesman, and Labour MPs, Kim Johnson, Beth Winter, Bell Ribeiro-Addy, Zarah Sultana, Ian Mearns, Kate Osborne. Nadia Whittome, Grahame Morris, and Jon Trickett.

Jon Trickett has linked his support to his local Waspi group, showing that they favour full restitution.

The motion also has the support of Wera Hobhouse, Lib Dem spokesperson for Justice and women and equalities, and independent MP Claudia Webb.

Andrew Gwynne MP, joint chair of the state pension inequality for women APPG

UPDATE: Andrew Gwynne, Labour MP and joint chair of the APPG state pension inequality for women, told BackTo 60, he had no objection to MPs from his group signing Ian Byrne’s motion.

He said” I see no conflict between it and the APPG’s submission to the PHSO.”

Nine more MPs have signed the motion including five SNP MPs, Chris Stephens, Glasgow South West; Allan Dorans, Ayr, Carrick and Cumnock and Deidre Brock, Edinburgh North and Leith, Amy Callaghan, East Dumbartonshire and Chris Law, Dundee West. The other three MPs are Labour and SDLP – Dan Carden, Liverpool Walton; Ian Lavery, Wansbeck and Aspana Begum, Poplar and Limehouse, Barry Sheerman, Huddersfield; Sir George Howarth, Knowsley, and Hannah Claire, Belfast South.

In another development the Pensions Reform Alliance and Waspi have said they do not want 50swomen to get full restitution. Members of the Alliance put out misleading information that this Parliamentary motion would somehow influence Robert Behrens, the Parliamentary Ombudsman, from recommending compensation for the 3.8 million women. This is complete nonsense as it would not impinge on anything the Parliamentary Ombudsman would recommend and MPs are entitled to express their opinions.

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Labour’s new deal for 50swomen’s lost pensions: What does it mean?

Crowds of BackTo60 supporters after the judicial review hearing

Labour today broke through the political barrier of just offering tea and sympathy for 3.8 million women who had to wait up to six years for their pensions.

And coming only 24 hours after Boris Johnson announced that the Conservative Party would not give a penny in compensation to any of the women affected by this appalling scandal it is a major advance.

First the positives. It is a huge improvement on the offer available from the All Party Parliamentary Group on the issue co chaired by Tim Loughton, the Tory MP for Worthing East and Shoreham and Carolyn Harris, Labour MP for Swansea,East. The sums are obvious. Tim Loughton is on record of seeking £2 billion compensation, Labour is offering to spend £58 billion over five years.

From what I could gather – despite both MPs declining to answer any of my questions – it would have meant probably only £73 a week on benefit for women who have still not gained the pension in two years time and nothing for the rest, who form the vast majority of people involved.

It is also – and this is very important considering the age of people involved- to start pretty soon if Labour is elected. This compared with the previous APPG proposal with no firm date for implementation and the longer the delay, fewer people would have got anything.

As John McDonnell, shadow chancellor, said: ” “We will introduce it as rapidly as we probably can and we will try to ensure the payments are made promptly. …… we are hoping that people will appreciate the sense of injustice and anger that these women feel about the changes that were imposed upon them.”

And it is helpful for people who had relied on the now outdated married woman’s national insurance contribution to build up their pension entitlement since to get compensation Labour is treating all cases as though they paid the full national insurance stamp which would increase their entitlement.

It is also by far the best offer on the table for the December 12 election as it compares with nothing from the Conservatives and an offer from the Liberal Democrats to obtain compensation through the Ombudsman. Again that would depend when the Ombudsman considered the case and whether he decided to award any compensation.

Now the pitfalls. First it is paid at the rate of £100 a week over five years for all those born before 6 April 1955 rather than a lump sum. It is also taxed. As one of the arguments by the numerous detractors from the private pension industry -is that it should be means tested, very wealthy people will have to return, under Labour, half the payment to the state. Those who are really poor will get it tax free – because there is no tax next year on the first £12,500 of income. And this limit will probably rise over the period.

Second the scheme is complicated and the amount of compensation will be different for each individual.

Broadly it looks as though compensation will rise from a month’s loss of pension (£400) to a maximum of £31,379 for those born up to April 5 1955. It would then gradually fall again until disappearing altogether for those born after April 5 1960. The figure paid out will fall from £100 a week to a lower sum depending on a person’s date of birth from 6 April 1955.

In general terms this means that those born up to April 5 1955 will fare better than those after- though those born in the rest of 1955 will still get high compensation.

What this mean for those born earlier and have or about to get their pension that they will be guaranteed an extra £100 a week for up to five years depending on their birth date.

What the deal is not full restitution given that some women have lost up to £50,000. However Back to 60, have raised enough money through their crowdfunder, to continue their legal action and are seeking permission at the Court of Appeal to appeal the ruling.

The fact that BackTo60 went to the courts prompted Labour to prepare a much more generous offer for the 50swomen – their briefing makes it clear that this was in their mind.

” It’s a one-off historical redress for a historical wrong, so the state will be expected to find the money, just as it would do if the Government lost a court case.”

This is the opposite to the view of Guy Opperman, the pensions minister, who takes the position ” we act within the law” and the defeat means no money need ever be paid.

The fact that both Unison and Unite unions supported full restitution was also hugely influential in Labour’s thinking.

Labour’s manifesto has promised talks with all groups before it is implemented which will give all 50swomen representatives the chance to comment and discuss the implementation of the scheme.

Last night Waspi Ltd – which has not wanted full restitution – and ” We paid in, you pay out ” were advising their supporters to back Labour at the general election.

BackTo60 which never intended to advise its voters which way to vote – will produce a comparative guide to all the offers from the main parties to 50swomen and leave it to their supporters to draw their own conclusions on how they wish to cast their votes.

John McDonnell, Shadow Chancellor of the Exchequer, said
“We’ve prepared a scheme to compensate these women for a historical wrong. It’s one that they were not been able to prepare for and for which they’ve had to suffer serious financial consequences for as a result.

“Some of them have been hit by a combination of poverty and stress, having lost out on what they had contributed towards. These changes were imposed upon them by a Tory-led government. So we have a historical debt of honour to them and when go into government we are going to fulfil that debt.”

John McDonnell to announce Labour’s plans for WASPI women on Sunday – Shadow Cabinet minister’s leaked Facebook message

Andrew Gwynne’s message that suggests more to come

The Labour Party is to flesh out details on Sunday of how it will financially compensate some 3.8 million women many of whom are enduring enforced poverty after having to wait up to six years to get their basic state pension.

The party’s manifesto yesterday pledged full support for the women and promised talks if it wins the next general election to draw up a compensation package.

But it did not put any cash figure on what it would pay the women or make any provision in the Grey Book to fund it.

This is in sharp contrast to a pledge given to pensioners living overseas in places like Canada, South Africa, Australia and New Zealand and many Caribbean countries which is fully costed in the manifesto. It would come into force in April and could £500m spread over four years. This is a victory for the all party group that campaigned for the pensioners and will mean their pensions would get their first uprating for years. If Britain leaves the EU pensioners living there would also get a permanent uprating rather than just for three years under the Tories.

The failure to mention any money for the women last night provoked a furious reaction from the women with many tweeting their anger to John McDonnell, Labour’s shadow chancellor and others saying Jeremy Corbyn had lost their vote.

Andrew Gwynne Pic Credit: andrewgwynne.co.uk

However one woman challenged Andrew Gwynne, the party’s shadow communities secretary, warning that Labour’s manifesto announcement did not ” look good”.

Gwynne replied: ” Yes John McDonnell is making an announcement on Sunday about how we will honour the pledge on Page 75 of the manifesto to the 1950s women. the costings are separate to the grey book.”

I have since heard from sources that this is indeed the case but Labour are being tight lipped again about what they are going to announce.

John McDonnell; Shadow Chancellor Pic Credit: Channel 4 News

The full manifesto section reads:

Pensions

People work hard for most of their lives and deserve a decent retirement free of financial stress and insecurity.

Under the Tories, 400,000 pensioners have been pushed into poverty and a generation of women born in the 1950s have had their pension age changed without fair notification.

This betrayal left millions of women with no time to make alternative plans – with sometimes devastating personal consequences.

Labour recognises this injustice, and will work with these women to design a system of recompense for the losses and insecurity they have suffered.

We will ensure that such an injustice can never happen again by legislating to prevent accrued rights to the state pension from being changed.

The Conservatives have repeatedly raised the state pension age despite overseeing a decline in life expectancy. Labour will abandon the Tories’ plans.

All I can say is that John McDonnell better come up with something concrete rather than warm words or else they are going to be 3.8 million women voters who are going to be bitterly disappointed, judging from the tweets I have seen, and Labour could well lose many potential votes on December 12 – not only from them – but from their spouses and families.

Frankly I am bit puzzled why they are doing this and prolonging the suspense..

On Byline Times: Government and Opposition clash over ” tinfoil hat” tale on hedge funds exploiting No Deal Brexit

Pic credit: parliament.uk

The row over whether hedge fund and City trader backers of Boris Johnson could make hundreds of millions of pounds by speculating on a No Deal Brexit reached Parliament today when the government was challenged by the Opposition parties  to explain whether this amounted to a conflict of interest or breach of the ministerial code  by the  PM. Read the full tale on Byline Times.