"IF I WAS A LORD..."

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New date now confirmed
TUESDAY 25TH OCTOBER

†‡The Baroness Greengross—To move to resolve, That this House regrets that the Government have not considered uprating the state pension rights of all United Kingdom citizens living abroad in the Social Security Benefits Up-rating Regulations 2005, laid before the House on 18th March (S.I. 2005/632).
If you were a Lord, what would you say?

Email us your ideas as quickly as possible to BAPA Start with the words
"If I was a Lord "
(or, should the grammar bother you, "If I were a Lord")
and stick to the 8 minutes you would be allowed to hold the floor - say 900 words max. Your personal story could be particularly effective!

Scan down the space below for the especially good submissions

Just three of those affected by the freezing of their British State Retirement pensions

“Take Molly as an example. Molly drove ambulances during the Blitz, and at a later date  served in France & Germany as well. I visit Molly every now and then, just for a chat. Molly is 89 and confined to a wheelchair having suffered amputation of both legs. Molly lives in a retirement home, her one luxury being a mobile phone. Molly’s pension is at the 1982 rate. She would dearly love a little extra to spend. She has to rely on the benevolence of Australian taxpayers for that. When leaving Molly to go home, her sense of humour remains. “Forgive me if I don’t get up” she says.”

“Alice is very proud of the framed letter from Their Majesty’s George V1 and Elizabeth addressed to her husband Tom who died last year. It congratulated him for surviving nearly four years of captivity by the Japanese.  Tom had once recounted for me his experience of being transported in the dark hold of a boat swarming with vermin. The toilet facilities were a few overflowing buckets, impossible to find in the dark. He spoke to me of landing after a four day nightmare voyage, and then being force-marched for three days in monsoon weather in the grip of severe diarrhoea, destined to work in one of the copper mines. Stopping to defecate brought  a rifle butt to his back. It was less painful to let the pouring rain wash the mess away. As Tom said, it was better to swallow your pride than to invite the continuous beating and cries of “speedo”!    Tom was rewarded with a frozen pension, and Alice has one also,  helped a little by  a sympathetic Australian Government”.

“Michael’s pension was frozen in 1987. He died this year aged 92,  the oldest surviving member in Australia of the British Royal Marines. His wife Eileen survives him. His funeral was impressive. Led by a solitary Piper, followed by three flag-bearers in full uniform and with the last hundred yards of road lined by veteran marines saluting his memory one felt very humble. Although not a Marine I attended his funeral.
Each ANZAC day held in Western Australia, Michael had been chosen to lead the surviving Marines past the saluting base. On a given signal Michael would stand ramrod straight in his Jeep to give the salute. On further command he would snap his head to the front and take his seat.   Watching the TV news broadcast later that day you would never guess Michael was blind. He had served in North Africa, Italy, France & Germany. Eileen buffs his campaign medals, replacing them in a special frame. He often spoke of his regret that a British government saw fit to refuse him an uprated pension after he had given all he could to help his country in  peacetime and war”. 

 

No "If"!     I was a Lord - and here is what I would say:

My Lords,

It is more than forty years since I was a Member of this Chamber. I return today to demand the ending of a great injustice which is an unconscionable blight on the greatest achievement of my life.

My name, if it please your Lordships, is Beveridge. William Beveridge.

In 1941, when Britain stood alone, and in the greatest peril in its long history; when the Nazi tyrant stood gnashing his teeth but a few nautical miles from our shores; in 1941 when the Blitz was raining terror on London, Merseyside, Glasgow, Bristol and Plymouth, and no man knew whether our cities could survive; when the Treasury coffers were empty; when British arms had been defeated in almost every battle; it was then in those darkest days of 1941 that - at the age of 62 - I was charged with creating the social security framework for the post-war years.

In the November of the following year I delivered our findings, entitled "Social and Allied Services". The man-in-the-street came to call it "The Beveridge Report". Often, simply "Beveridge".

I was a Liberal, appointed by Mr Churchill's Tory-led wartime National Government. When the politicians saw the enthusiasm of the voters for these reforms, the Report was accepted by the Government, and implemented by Mr Attlee's post-war administration.

Therefore the Report - the most far-reaching  ever in social matters -  truly had all-party support. All-party support for both the principles we set out and the recommendations which sprang from those principles.

Yes, My Lords, Principles in those days were held to be of great importance! At that desperate time, with the country fighting for its very life - held together only by the iron will of Winston - the nation nevertheless dared to look forward to social progress rooted firmly in morality.

And as part of that, the nation sought to nurture pensioners, not to freeze them. To deal fairly with them, not to defraud them.

We stated three Principles which led us to our recommendations. The third is the one that concerns us here today, and I quote the key sentence:

                                     The State should offer security for service and contribution.

So the guiding star of the pensions plan was clearly stated, and accepted without reservation.: the State would offer security in return for service and contribution.

No ifs, no buts, no casuistry, no finessing, no weasel wording.  And no scintilla of a hint, no possibility of a loophole, which would allow the State to default on its commitment to 400,000 of its pensioners.

So, My Lords, do not give any credence to any lackey lawyer trying to argue otherwise. The Beveridge Report was about pensioners - all pensioners. And Beveridge was not about discriminating against part of the pensioner population. 'Freezing' is, as one Pensions Minister conceded in Another Place, in a rare and honourable moment, "illogical".

Beveridge was not illogical.

And just as 'freezing' was not a legal act, nor was it a political act. No Minister stood at the Dispatch Box and introduced an Act to benefit pensioners who chose to live in a foreign land, and defraud those who chose to live in our family of nations - in our Commonwealth. Had there ever been such a wicked political move, it would have defrauded all expatriate pensioners, not just half of them.

No, My Lords, 'freezing' was devised anonymously -  somewhere in the labyrinthine bowels of the Treasury -  by a callous number cruncher, one lacking all morality, decency and compassion. He then handed it on to his successor and went blandly into retirement. On his inflated - and inflation-proof  - Civil Service pension, valid in any country in the whole wide world.

Now each incoming Pensions Minister is suavely told that 'freezing' is time-hallowed, having been perpetuated by Governments of all stripes - Tory, Labour and now Third Way - and that terminating it is not a priority, and that anyway the expense would be unjustifiable. He then insinuates into the Minister's mind the comforting thought that those importunate pensioners are a non-voting minority scattered around the globe - granting them justice could not be any sensible politician's priority.

My Lords, that is not what Beveridge was about. We laid it down that there should be a minimum standard "below which no-one should be allowed to fall". In Beveridge there was no secret subsection 600, Appendix III, clause 468 to say that it was all right to put a pensioner into penury because he chose to live in Darwin or Toronto, instead of  Denver or Trier.

As I phrased it on former occasion, and I have checked it in the Oxford Dictionary of Quotations to ensure that my words today are exactly the same:

                                   The object of Government in peace and war is not the glory of rulers or of races,
                                                                 but the happiness of the common man.

That implies keeping faith will all our people - wherever in the world they choose to live.

Winston Churchill said: "There is no finer investment for any community than putting milk into babies." I would like to echo him and say: "There is no finer investment than putting morality back into policy." Let that be your guiding light, My Lords, and you will see clearly what must be done.

                                        This abomination - this freezing - must be ended, and ended now.

I thank you, My Lords, for listening to this voice from the past.

 

If I was a Lord  .  .  .

But dash it, Jeeves, I am a Lord!

What ho, old Beans and Beanesses.

 Fancy me, Bertie Wooster, making a speech in this Chamber - the only tomb I have ever seen with seats.

Well, not a speech really, 'cos when I asked my man Jeeves to run up a few hundred well-chosen syllables for me he declined.

"Regrettably, sir," said Jeeves, "they would not permit you to speak, as only a Lord has that privilege."

"But dash it, Jeeves," I replied, "I am a Lord. They have made me a Life Peer  for my 'contribution to the gaiety of the nation'. Pretty decent of them, what?"

"Congratulations, My Lord," says Jeeves, but I could tell he was hurt. After all, he has never even received one of those gongs that more or less comes up with the rations for every mandarin, mayor or musician.

"I didn't want you left out," I added hastily, "after all, what would I be without you? So I have taken the title of Lord Wooster of Jeevesham."

Jeeves never shows emotion, but I do believe he was mollified by getting a sort of half share in this Lord business, for his reply was:

"In that case, My Lord, may I venture to suggest a topic for your maiden speech? It has come to my attention that the British State pension is frozen for those who choose to live in the Commonwealth, but uprated annually in most foreign countries."

Well, that idea was so outlandish that it was on the tip of my tongue to tell Jeeves that he must have got it the wrong way round! Not even our political lords and masters - forgive the phrase, could get anything that wrong!

But I could see by the look in his eye that there was no possibility of error. In fact, I have never known Jeeves to be wrong, and not believing him has pushed me into some very tight corners in the past. There was, you may recall, the matter of the amorous young lady from....but I digress.

And it was at that point that I got the most awful shock - a worse shock, for example, than if I heard that Aunt Agatha was coming on a month's visit. Because when I asked Jeeves why he was interested in the freezing of the pension, he replied:

"It has obviously escaped your Lordship's attention that I am long past the age of retirement. I would like to go and live in a kinder climate, and my choice would be Australia, but though the country is warm the pension is frozen."

My monocle fell from my eye: even as my world fell crashing about me. Life without Jeeves was something which I had never contemplated

But when Jeeves has made up his mind, it is futile to seek to change it.

"Well, Jeeves, will you now put some poison pellets on paper for me, so that we can get the thaw going?"

"No, My Lord, the subject is so simple," intoned Jeeves, " that you do not require my erudition on this occasion. The question of freezing is what those vulgar Americans call a No Brainer. It is simply a matter of Government fraud somewhere in the Treasury, and can be put right by a simple administrative action."

Jeeves is always uneasy with Americans, because they tend to address him as though he is a Valet, or worse still a Butler! No Gentleman's Gentleman, of course, is going to put up with that. So I knew the need to invoke a slang phrase from that rebellious colony had cost him dear.

When Jeeves feels deeply enough about a matter to put aside his prejudice, there can be no argument. Therefore, while I apologize for not having a speech to make to you, I  thought I should just pop in and say what has to be done, don't  you know?

By the way, if you have any problem putting those Treasury Johnnies in their place, just drop me a line at the Drones Club and Jeeves will tell you how to do it.

Thanks awfully for listening, and I am sure you will get it all put right in a jiffy!
 

 

If I was a Lord  .  .  .

I would be totally disgusted that we treat our elderly in such a pathetic manner.  For reasons that I cannot understand, the Pension service has been allowed to introduce an illegal regulation that some Pensioners will not receive the same pension as others. Furthermore, Tony Blair has allowed Lawyers to defend the Carson case, no doubt at  immense cost when simple logic rationally establishes that everybody should be treated the same, that is all that Mrs Carson requested.

It is easy to understand how the House of Lords Appeal failed as four of the Judges were essentially following the regulations blindly rather than acknowledging that they, the regulations,  being illegal, should not form the basis of any legal judgement. The other Judge correctly considered the matter and came to the correct conclusion.

Both the Australian and Canadian Governments have attempted to persuade the British Government to change this inequitable situation. It is shameful to treat our elderly  in such a soul destroying manner. There has never been any advice that this discrimination was allowed, everybody had to pay the contributions by deduction from their wages whether they wanted to or not.

So if I was a Lord, I would demand that this inequitable situation should be corrected immediately so that all Pensioners, where ever they reside shall receive their correct Pensions plus the money which they are owed and have so far not received.

I hope sincerely that this further attempt to solve the problem will succeed and have the total support of Tony Blair's Government,

Sincerely,
Laurence Jerams
(suffering financially in Thailand)

 

 

If I were a Lord.

 
My husband and I emigrated in 1957 to Canada and paid our contributions to England until 1976 when we were told that we did not have to send any more payments as my husband was fully paid up for a pension. We were definitely not told at that time anything about frozen pensions and thought that we could look forward to a comfortable retirement after sending the money yearly to England which I might add was very difficult during those years.
 
Sadly my husband passed away last year and could not believe that Britain
(The Country that he thought so much of and served during the W W 11 in the R A F) could be so cold hearted and have no principle whatsoever. I am now getting a Widow's pension of 37 Pounds per week instead of 82 Pounds per week which is rightfully mine.
 
Lily Ranson
B.C Canada

 

 

If I was a Lord

If I was a Lord I would be asking myself how this country can possibly justify freezing the pensions for some overseas pensioners and not for others.  How can we justify allowing indexed pensions to countries such as America, France and Spain, etc, and yet deny such pensions to countries such as South Africa, Australia and Canada? 
 
We cannot excuse ourselves on the grounds that people in Commonwealth countries have chosen to live overseas, because those in America, etc. have also chosen to live overseas.  Besides, why not then freeze the pensions of all overseas pensioners?  We cannot say that we cannot afford to pay everyone, therefore we will simply discriminate against some and not others.  We cannot assume that some pensioners can afford to live on a frozen pension, because we do not enquire as to their other income.  We cannot choose to favour countries that have reciprocal arrangements with UK because we froze Australian pensions even when that country did have a reciprocal arrangement with UK.  We cannot pay less on the grounds that some people have contributed less, because they all paid at the same rate.
 
Having asked myself these questions I must now come to the conclusion that we cannot possibly justify freezing some pensions - that it is discriminatory, unfair and immoral, if not illegal.
 
Submitted by Vivienne Aird

 

If I were a Lord, and addressing the chamber I would say:
 
Frozen pensions remain an unfair and discriminatory anomaly that should never have been applied to more than half million of our pensioners, who for no reason other than that they live in certain countries outside the UK, receive a steadily reducing pension.
 
There can be no justification whatsoever for paying some less than others, who furthermore may possibly have no assets or income other than the inexorably declining amounts being given.
Should they have chosen to reside in say Germany, the USA or Israel, their pensions are paid in full every year, whereas if perhaps living with family members in certain Commonwealth countries, such as Australia or Canada, their pensions are frozen from the time they left the UK.
 
And this could amount to a pension of just a mere few Pounds a week, over twenty years or more.
As everyone is obliged to pay mandatory contributions to the National Insurance fund throughout a working lifetime, it is both morally wrong and a clear breach of human rights principles to impose arbitrary discrimination upon the sole basis of choice of domicile.
 
I therefore propose that it is high time this absurd illogicality be removed forthwith.
From: Wes Woolhouse (British Virgin Islands)

 

If I were a Lord

I would ask the question - why do we pay pensioners living in America an indexed pension but expect the Australian Government to make up the difference. We have a good relationship with both Governments - both are  supporting us in Iraq and Afghanistan - why treat them differently?

 
If I were a Lord I would also ask the question - why does the Australian Government keep so quiet about this - why don't they get more angry?
Tony Walsh  

 

If I were a Lord, I would give the following speech:

The recent dismissal by a majority of the Judicial Committee of this House of the appeal by Ms Annette Carson concerning her “frozen” pension indicated two major points:

1.      British Law is clear in not allowing age pensions to be indexed in countries with which the UK does not have a reciprocal arrangement

2.      Restoring these rights was seen to be a political rather a judicial requirement

The majority of the Judicial Committee was not prepared to oppose the Government by invoking the Human Rights Act to declare that this measure is incompatible with Human Rights.  Indeed, Lord Hoffman went so far as to say that “The exclusion of pensioners resident in other jurisdictions ……. was not in breach of the European Convention on Human Rights.”  Pensioners may, therefore, have to prove him wrong by taking the action to the European Court of Human Rights.

Lord Carswell, expressing the minority opinion, together with many thousands of others, believes that the freezing of the UK pension in some countries is both unfair and discriminatory.  Although it seems that it is lawful, this is a section of the UK pension law which many see as bad, immoral and wrong. Bad law should be remedied by amendment.

Lord Hoffman, spokesman for the Judicial Committee, made a number of points with which we may disagree on ethical grounds and which should not exist within properly drafted laws.  These points include:

-         Because Ms Carson lived in a country where her pension would be frozen, she could not have received an increase.  It is strange, therefore that one of the reasons for her failure to receive it was: “She has never had a right to an uprated pension, so there can therefore be no question of her having been deprived of that right”.  Yet many frozen pensioners have received indexation in the UK or elsewhere before moving to a frozen country and the Government does not allow them to continue to receive uprating.  I look forward to hearing that this group of pensioners, at least, will now receive an immediate uprating.

-         The Judicial Committee’s report stated: “But essentially the reason for not uprating pensions in these countries is one of cost”.  We are told that the country cannot afford £400 million. Indeed, in the debate in Westminster Hall in April 2001, the minister reported that “If the scheme had uprated pensions in all countries, the cost would have been higher and would not have been covered by the contributions”. However, the current information from the Government Actuary’s report of 2005 shows that the NI fund is forecast at end year to be £34.6 Billion, and “substantially exceeds” the recommended “reasonable working balance”.  It is a sad day for the British people when such a comparatively small sum is able to override justice.  Far greater sums than these are routinely written off by such departments as the Child Support Agency and Income Credit.

-         If cost is to be the main reason for the failure to index certain pensions, then the countervailing savings caused by the absence of the pensioners from the UK must also be taken into account.  The courts have quoted the minor loss to the Treasury of taxes not paid by emigrant pensioners.  Apart from the fact that any annuities being paid to these pensioners from their past employment are taxed in the UK before being sent abroad, there are huge savings derived from these peoples’ absence.  They do not use the NHS, they are not paid Pension Guarantee, nor Winter Fuel Allowance, nor are they supported in Care Homes, issued with motorised invalid carriages, provided with Home helps or any of the myriad social services the Government provides.  Further to this, their very absence relieves the housing shortage and takes traffic off the roads and railways.  In fact, if more pensioners were encouraged, by uprating their pensions, to emigrate, this country would benefit by having a reduced number of old people to support.

-         The minister, in April 2001, further stated that the function of bilateral agreements is “mainly to provide co-ordination between social security systems, so that  workers moving between the UK and another country obtain a degree of cover for contributory benefits from one country to another.”  Since most of these agreements were made the volume of movements between countries has increased beyond recognition.  It must be time for the Government to remove the narrow discrimination between one country and another and follow all other OECD nations by uprating pensions world-wide.

-         Lord Hoffman’s comments on the views of the Judicial Committee included the sentence: “It would be curious indeed if Article 14 were to compel the government to pay uprated pensions to those living abroad irrespective of any countervailing benefit offered by their countries of residence”. Yet all other comparable countries do indeed pay uprated pensions regardless of “countervailing benefits”.  And several of the countries with which the UK has agreements have few, if any, social security arrangements to provide a benefit. 

-         Finally, I would quote again from Lord Hoffman.  “Discrimination meant a failure to treat cases alike.  There was obviously no discrimination when the cases were relevantly different”.  This is mere hair-splitting.  The case of a pensioner living in Detroit, USA, and receiving an uprated pension is to any normal person “relevantly” the same as the pensioner living in Sarnia, Canada and having his pension frozen.  What is “relevant” to a pensioner is how much his pension pays.  This Government should come into the modern world and recognise that concerns, as expressed by Lord Hoffman, about “the Enlightenment” and “noble birth” are no longer “relevant” to the present day.

 Michael MacFarlane

 

 

If I was a Lord

I would treat all Old Age Pensioners equally and ensure that they all received indexed pensions to keep pace with inflation. In my case I am a full time carer for a paraplegic wife, suffering from advanced Parkinson's disease who needs twenty four hour care. She requires numerous injections of apomorphine each day and has to be helped with her feeding, bathing and toileting and has now lost the feeling in her hands and feet. As she suffers from a degenerative disease and her condition deteriorates the cost of caring becomes ever more expensive BUT our retirement income remains the same because it is not indexed. Having had to retire early to become a full time carer for my wife I have a reduced superannuation, so my British old age pension to which I contributed to for most of my working life is an important component of our income. We ask not for charity but parity with other pensioners! We migrated from "The Old Dart" - UK - out of necessity as I was out of work and the South Australian Department of Agriculture offered me employment commensurate with my qualifications. Would you not have emigrated under the circumstances.
 

John Dickinson

 

“ If I Were a Lord”

If I were a Lord I would legislate for indexed link payments to pensioners irrespective of country of residence.   It is ironic that years ago Britain was encouraging people to migrate to Australia, even paying their fares.   These people are now pensioners and  discriminated  against for residing in a country showing allegiance to the Queen, and not in Europe or the USA. The reason for this, we are told, is not discrimination but because that same Government failed to arrange a “ reciprocal treaty”. !

My husband is  now 85years of age.  He paid  National Insurance for fifty two years.  Apart from his war service his payments were continuous.  No National Health claims were ever made and he was never on the “dole”.  He had no option regarding the payment of National Insurance;  by law this was  deducted from his pay!  

He receives the English pension of  forty pound seventeen pence per week!  This has, of course, remained static since our migration.  We do not recall there ever being a clause that said we must reside in Britain to receive an indexed pension.  As the deduction was made by law why not the indexed payment by law?

Unfortunately he now suffers from angina and peripheral neuropathy.  By residing in Australia he is of course saving the

National Health money to which he contributed!

K. J. Hampton

 

If I was a Lord

I would be ashamed of the way in which this British government is treating those pensioners who have chosen to live outside the UK in certain other countries of the world.   If you happen, for perfectly valid domestic or family reasons, to live in Canada, New Zealand, Australia, South Africa, or a few other countries, you will find that once you have become eligible for the British retirement pension, you will be denied any increase in that pension for the remainder of your life.   As one who spent the whole of my working life in the UK, and who emigrated to New Zealand for family reasons I have a deep sense of being grossly discriminated against in this manner.

Michael Larking