A CAMPAIGN group for women born in the 1950s, whose state pension age has increased from 60-65, lost an appeal against a decision to deny them compensation for lost pension income.
Backto60 brought two test cases to the High Court last year when those cases were lost the group appealed. The Court of Appeal released its judgement rejecting the appeal on Monday, September 14.
The group’s campaign calls for a reinstatement of the age of 60 for women’s state pensions and compensation of the pension women have missed out on.
The Court found making the state pension age the same for men and women did not constitute unlawful discrimination.
WASPI CAMPAIGN UNCHANGED
The case’s failure will not affect the far better known and more widely-supported Women Against State Pensions Injustice (WASPI) campaign.
WASPI has long campaigned on the issues regarding the increase in the state pension age for women. They argue that setting aside any claim of discrimination, the UK Government failed in its duty to inform affected women adequately of the changes to the state pension age and the effect those changes would have on their pensions.
A statement issued by WASPI after the Backto60 legal challenge failed said: “Many women will be disappointed today at the judgement from the High Court.
“Women Against State Pension Inequality (WASPI) will continue to campaign for what we believe is achievable and affordable. Compensation for women who have been unfairly disadvantaged with a rapid increase to their State Pension age (SPa).
“WASPI is not opposed to the equalisation of the SPa with men but it was done without adequate notice, leaving no time to make alternative arrangements. Women were informed directly some 14 years after the SPa was first changed, many only given 18 months’ notice, of up to a six-year increase, many others were not informed at all. This left their retirement plans shattered.
“The Parliamentary and Health Service Ombudsman is currently considering six sample cases of maladministration out of the thousands of complaints made to the DWP by WASPI women.”
Former Conservative Pensions Minister, Baroness Roz Altmann, said: “When Pensions Minister, I saw copies of letters written by the Government to millions of these women in 2003 and 2004 about their State Pension, which failed to highlight that their pension would not be paid at age 60. These official letters failed to highlight that these women’s pension would not start being paid at age 60. It merely informed them what State Pension they might receive when they reached State Pension Age, but they did not tell them what that age would be!
“Receiving a letter from the Pensions Department about their State Pension, which did not urge them to check what their State Pension Age would be, may have lulled them into a false sense of security that they would receive it from age 60.
“This looks like maladministration.”
During the election campaign last year, Boris Johnson pledged to place ‘fresh eyes’ on the issue and said he felt sympathetic to the WASPI campaigners. Asked on Tuesday about the progress of those promised considerations, he failed to answer.
THE APPEAL ISSUE
The main issue in the appeal was whether the changes to the state pension age brought in by Parliament from 1995 onwards, unlawfully discriminated against women. Backto60 argued, amongst other things, women born in the 1950s were less likely to have contributed to the state pension scheme or were disproportionately in lower-paid jobs than men.
The Pensions Act 1995 provided that a woman born before 6 April 1950 would still receive her state pension at age 60 but a woman born after that date would receive her pension on a specified date when she was aged between 60 and 65, depending on her date of birth. The Pensions Acts 2007, 2011 and 2014 then accelerated the move to age 65 as the state pension age for women and raised the state pension age for some men and women to 66, 67 or 68 depending on their date of birth.
Successive UK Governments made changes to address the massively-rising cost of state pensions.
When the state pension age was originally set, both pension ages were fixed at 65. When revised in 1940, women’s pension age was dropped to 60. At the time those ages were fixed, life expectancy meant the state pension was likely to be paid out for only a few years after retirement age. The lower age was fixed at 60 for women to reflect their then-dependence on a single male breadwinner in the family and the prevailing age difference between married couples.
In the post-war period, life expectancy increased, first gradually and then with increasing speed.
The boom in average life expectancy means the state pension is the largest single drain on the welfare budget – taking £111bn of it in the year 2018-19 (DWP figures). In comparison, payments for unemployment benefits totalled £2bn.
The UK Defence budget is around £28bn
In normal circumstances, the claims brought to the Court would have been barred due to the delay in bringing them. Time was extended to bring the claims. The question of the delay was, however, relevant only to the discretion whether to grant relief if unlawful discrimination was proved.
The long delay in bringing the claims made it impossible to fashion any practical remedy. The Court noted unchallenged expert evidence that the cost of reinstating pensions would exceed £200bn – more than seven times the total defence budget and around the same as the whole of the health and education budgets combined (Figures Office of Budget Responsibility).
Price pledges independence referendum
A PLAID CYMRU Government – able to command the support of a majority of Senedd members – will offer a referendum on independence for Wales in its first term, party leader Adam Price said.
The Plaid Cymru Leader made the announcement in a keynote address on Welsh independence from the St David’s Hotel in Cardiff.
Plaid Cymru Leader Adam Price claimed that devolution is “under attack” from the Conservative Westminster Government and that with Scotland likely to become independent by 2025 and Brexit making a united Ireland possible, the “momentum of change” has accelerated the need to hold a referendum on Welsh independence by 2026.
Mr Price, the only prospective pro-independence candidate to become First Minister will be responding to the report published by the arms-length Independence Commission in September. It had suggested holding two independence referenda within a decade – the first one exploratory to gauge people’s views in order to persuade the UK Government to hold a binary referendum.
Noting that support for independence was at its “highest” in history, the Plaid Cymru Leader will also confirm that a Plaid Cymru Government would offer one binary choice referendum on Welsh independence and will encourage all those who want independence for Wales to vote for Plaid Cymru in May.
Plaid Cymru Leader Adam Price said: “Devolution itself – that most basic democratic principle that decisions affecting Wales should be made in Wales – is under attack from Boris Johnson’s Conservatives.
Meanwhile, the demand for another independence referendum in Scotland is becoming unstoppable and by 2025 Scotland could well be an independent country. And Brexit has also given further impetus to the calls for a united Ireland.
“Wales is in real danger of being be left behind as part of a rump United Kingdom, in a new England-and-Wales formation – which would be the ultimate worst of all worlds.
“It is for these reasons that I, therefore, pledge today that subject to party approval a Plaid Cymru Government, able to command a majority in the Senedd, will offer a referendum on independence for Wales in its first term.
“It’s implicit in the present Covid crisis – the sense that something new and better must come out of this. Next May, electors won’t just want to carry on with the Old Wales. They will be looking for a new direction, one that offers hope, vision, and ambition. It is our job in Plaid Cymru to provide that hope, that vision, that ambition for real, radical change.
“Independence is the most radical idea in Welsh politics today. The last two polls on independence put it on its highest support in history. An argument once derided as a pipe dream has moved from the margins to the mainstream.
“But whilst banners and marches fuel our fire, the Welsh spring will only truly bloom at the ballot box in May. If you want independence, you have to vote for it by voting Plaid Cymru.
Senedd consults on new code of conduct
THE SENEDD’s Standards Committee is asking for views on a proposed new Code of Conduct for Members of the Senedd.
If the new Code is agreed, the Senedd’s Members would be subject to the standards of behaviour set out in the Code- including a new principle of ‘Respect’ – after the election in May 2021.
The code outlines how Members should engage with each other as well with staff, stakeholders and the public. The proposed Code also makes it clear that those standards of behaviour should apply to Members at all times, including in their personal and private lives.
If anyone believes that a Member has not met the standards of behaviour set out in the Code, they can make a complaint to the independent Commissioner for Standards. In its consultation, the Committee asks whether the current complaints procedure works or whether it should be changed in any way.
The current Code was agreed in May 2016, and the Senedd reviews it regularly. Updating the Code now has allowed the Committee to reflect on the varied issues over the current Senedd term and any changes in society and public life during that time. The Standards of Conduct Committee believes that the addition of a ‘Respect’ principle would now be appropriate, reflecting:
The independent inquiry report on the Bullying and Harassment of the House of Commons staff which led to the adoption of the Senedd’s Dignity and Respect Policy
Wider movements in society such as #MeToo and Black Lives Matter.
The Code of Conduct helps to set the standard and tone of political debate. The Llywydd of the Senedd, Elin Jones MS, has previously said how she believes that targeted online abuse and the tone of political debate are barriers for people entering politics.
The proposed new Code does not refer specifically to the use of social media but says that Members “must not subject anyone to personal attack in any communication (whether verbal, in writing or any form of electronic or other media) – in a manner that would be considered excessive or abusive by a reasonable and impartial person, having regard to the context in which the remarks were made”
By including a new principle of ‘Respect’, it is hoped the new code can address some of these concerns by setting a respectful standard of debate and encouraging people of all backgrounds to get involved in politics.
CONSULTING WITH THE PUBLIC
The Committee wants to hear people’s views on its proposals and on what kind of behaviour they expect from their represented Members. It will then present the new Code to the Senedd who will decide, as a whole, whether or not to agree to it.
The review aims at completion by the end of the current Senedd, in preparation for the next Senedd.
Jayne Bryant MS is the Chair of the Senedd’s Standards Committee.
She said: “The Code of Conduct sets the standard and tone of political debate, and now more than ever it is important to get this right.
“With a serious problem of online abuse and powerful campaigns such as the #MeToo movement and Black Lives Matter, we’ve got to do all we can to improve the tone of debate and set a standard that encourages trust in elected representatives and inspires people from all backgrounds to stand for election.
“We’re keen to hear the view of people from across Wales on the refreshed Code of Conduct for Members of the Senedd.”