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Joint Committee on Social Protection, Community and Rural Development and the Islands debate -
Wednesday, 14 Dec 2022

Automatic Enrolment Retirement Savings Scheme Bill: Discussion (Resumed)

We have not received any apologies. Members participating in the meeting remotely are required to do so from within the precincts of the Leinster House complex only. I ask that members and witnesses turn off their mobile phones as they interfere with the broadcasting equipment. I ask members of the committee who are participating remotely to please use the raise hand icon on Microsoft Teams if they wish to contribute.

The meeting has been convened to discuss the automatic enrolment retirement savings scheme Bill. Automatic enrolment has been discussed for decades in Ireland. We are currently the only OECD country that does not operate an automatic enrolment or similar system as a means of promoting pension savings. The new system is designed to simplify the pensions decision for workers and make it easier for employers to offer a workplace pension. Under automatic enrolment, employees will have access to a workplace pension savings scheme, which is co-funded by their employer and the State. Auto-enrolment includes a number of key features. An initial 750,000 workers will be enrolled into the new workplace pension scheme and that number will grow significantly over time. Participation in the new scheme will be voluntary. Workers will have the ability to opt out or suspend participation for periods of time. The scheme will include matching employer contributions and a State top-up. For every €3 saved by a worker, a further €4 will be credited to their savings account.

The decision to implement an automatic enrolment system is consistent with the key recommendation contained in the OECD's review of the Irish pension system, published in 2014, that the single greatest goal in Irish pension policy should be to increase the supplementary pension coverage rate through the introduction of a mandatory or quasi-mandatory earnings related system. In response, in March 2018, the then Government published A Roadmap for Pensions Reform 2018-2023, in which it confirmed its intention to develop and implement a State-sponsored supplementary retirement savings system into which employees would be automatically enrolled. In June 2020, the Programme for Government: Our Shared Future reaffirmed this commitment to introduce an automatic enrolment system. In line with this commitment, the Government approved the final design principles in March of this year.

The Government has now approved the general scheme of the automatic enrolment retirement savings system Bill and has referred the general scheme to the Office of the Parliamentary Counsel for priority drafting. In this regard, I welcome Mr. Tim Duggan, assistant general secretary; Ms. Clare Dowling, principal officer; and Mr. Ciaran Diamond, assistant principal officer, Department of Social Protection.

Before we start, I wish to explain some limitations to parliamentary privilege and the practice of the Houses as regards references that may be made to other persons in evidence. The evidence of witnesses physically present or who give evidence from within the parliamentary precincts is protected pursuant to both the Constitution and statute by absolute privilege. Witnesses are reminded of the long-standing parliamentary practice that they should not criticise or make charges against a person or entity by name or in such a way as to make him, her or it identifiable, or otherwise engage in speech that might be regarded as damaging to the good name of the person or entity. Therefore, if their statements are potentially defamatory in relation to any identifiable person or entity, they will be directed to discontinue such remarks. It is imperative they comply with any such direction. Members are reminded of the long-standing parliamentary practice to the effect that they should not comment on, criticise or make charges against a person outside the Houses or an official either by name or in such a way as to make him or her identifiable.

I call Mr. Duggan to make his opening statement.

Mr. Tim Duggan

As the committee will be aware, we have had a voluntary approach to supplementary pensions for many decades in Ireland. In short, it has not succeeded in getting the majority of private sector workers into such schemes. Although the latest Central Statistics Office, CSO, data suggests approximately 56% of workers are in schemes, this reduces to approximately 35% when the private sector is considered on its own. If not addressed, this low level of coverage means that people will either be dependent on whatever State pension they can qualify for and-or will have to rely on assets accumulated otherwise. This may result in many people suffering a significant drop in living standards in retirement.

There is no obvious way to address this problem. Various options are available. These range from an entirely State provision, which essentially would be an extension of the existing State pension - and I think there was some discussion of that last week at the committee - to an entirely commercial provision, such as employees being mandated to take out a personal retirement savings account, PRSA, and all employers being mandated to contribute to them.

In its programme for Government published in 2020, as the Chair said, the Government announced that it would tackle this problem by gradually delivering a pension auto-enrolment system, taking account of the exceptional strain that both employers and employees were under at that time and since. It based on a number of principles: matching contributions would be made by both workers and employers and the State would top up contributions; there would be a phased roll-out over a decade of the contribution made by workers; there would be an opt-out provision for those who choose to opt out; workers would have a range of retirement savings products to choose from; and there would be a charges cap imposed on pension providers.

Following detailed political consideration late last year and early this year, the Government published its final design principles of the auto-enrolment system in March this year in line with those programme for Government commitments. That design principles document, which has been furnished to the committee, is the basis for the draft heads and general scheme of the auto-enrolment retirement savings scheme Bill 2022 that was referred to the committee by the Minister for Social Protection, Deputy Humphreys, and which it is now considering.

The first thing to say about the design that has been settled on by Government is that it is evidence-based, following years of research, consultation and availing of various experiences. In that regard, because Ireland is the last OECD country to implement a mandatory or quasi-mandatory retirement savings system, we have learned from approaches and implementations elsewhere. We have seen what has worked well and what has not. Based on that, we issued a strawman proposal in 2018, which, in turn, facilitated a comprehensive public consultation around the country that included focus groups, public meetings, surveys and submissions. Furthermore, the Department has engaged with numerous domestic pensions and investment experts in recent years. The Department has also engaged with international pensions experts, especially under the auspices of Directorate General Reform in the European Commission, which has brought much understanding and expertise to the design considerations.

The second thing to say about the design is that it must be easy for people and employers to engage with and understand so that they can trust and buy into it. That is why, first, the design has a State organisation at the heart of the system, managing its administration and overseeing investment of funds. Second, it uses a State top-up as an incentive rather than tax relief. Third, the design allows people to opt-out or suspend their engagement at various junctures. Fourth, it starts contributions at a relatively low rate and gradually increases them to a sufficient rate over a decade. Fifth, the design includes various parameters around age and income. Sixth, it gives people direct online access to their accounts to see their pots and their performance in as close to real time as we can make it. Seventh, it allows people to exercise choice but never requires them to do that. They do not have to become experts in investment and pensions and those default options will always result in good outcomes for them. Eighth, it is designed to try to minimise the administrative burden and legal responsibility for employers, which has always been a blocker on the provision of pension systems.

The third thing we can say is that because of the quite dramatic demographic shifts facing the nation over the coming decades and the financial pressures that will accrue from such changes, it is critically important to get people into supplementary savings as soon as we can. That means we need to keep the initial implementation as straightforward and simple as possible. We know from experiences in other jurisdictions that such an approach will be suitable for the vast majority of participants. That is why, first, the design is focused solely on employees in an employer-employee arrangement and does not include the self-employed because there are particular complexities in dealing with that cohort. Second, the design is leveraging interfaces with payrolls to facilitate maximum automation. Third, it uses static and easy-to-understand contribution rates. Fourth, it focuses on investment so that people’s money can begin to grow immediately, and it defers treatment of pension draw-down arrangements as, in the main, they will not be required for a number of years. Fifth, it seeks to leverage the technology and expertise that already exists in the commercial market rather than reinventing the wheel.

The design principles also set out how future phases and reviews will consider almost all aspects of the system, based on actual learnings of how it is working in practice and on additional features and flexibilities people may desire. The draft heads seek to deal with all of these matters, and in addition, set out conditions and courses of action with respect to: communications with the various stakeholders and participants; dealing with complaints and appeals; how the scheme will be supervised; compliance obligations, especially with respect to contributions and the timing of same; ensuring that employees are free to make their own choices unencumbered; and a range of other practical administrative matters.

I hope the combination of the design principles paper and the explanatory notes in the general scheme have given the committee the information it needs to consider these provisions but my colleagues, Clare Dowling and Ciaran Diamond, and myself are more than willing to address any queries, clarifications or concerns members may have.

I thank the witnesses for the presentation. We might have the sequencing a little bit out of order in terms of when we brought the Department in because we still have a lot of work to do. The witnesses will have seen that we had representatives of the Irish Congress of Trade Unions, ICTU, in with us last week and it raised a lot of interesting aspects of this Bill. It is a significant piece of work and, therefore, I would not be surprised if a request to come back lands on the witnesses' desks after we have done a bit more work on this as a committee.

I will ask about some small details before I put a bigger question on the central processing authority and the structure of the pensions. The age limit was raised last week and we have set it at 23. ICTU wondered why it was not 16, when workers can begin to pay PRSI at 16. There was a suggestion that taking 23 as a jumping-off point might be classist. I am sure ICTU could set out its thinking on that. Why did we land on 23 as opposed to 16 or any other point younger than 23?

Mr. Tim Duggan

It is not arbitrary; it is based on analysis and research from various systems around the world and on the nature of demographics in Ireland. Dr. Laura Bambrick suggested last week that this might be classist but somewhere in the region of three-quarters of all the people aged between 16 and 23 in Ireland are in education. Ireland has a high rate of education attendance at that age group compared with other nations, and it goes well into people's 20s. We are one of the highest performing countries to term it that way. Therefore, people who are working in those age groups tend to be working, in the main, for that purpose.

They tend to be in casual and part-time work and they tend to be under the income thresholds that are set for auto-enrolment anyway. We discovered, when we analysed the labour market, that there was a massive flux in the volume of job changing and switching that goes on up to the age of 22. While there is some switching from the age of 23 on, and there is switching all the way to 60 plus, it levels off considerably from 23 on and, therefore, it is clear that the majority of people are going into more full-time employment at that age, rather than earlier. Earlier it tends, in the main, to be jobs that are either temporary, part-time, casual and for purposes other than main income generation.

PRSI is an entirely different thing to saving for a pension. If somebody starts work at 16, 17 or 18 then they want to protect themselves from a range of contingencies that could arise in that working life that have little or nothing to do with pensions. They want to protect themselves from: losing their job; illness; getting injured; developing invalidity; having to take time out to care for a loved one; medical treatments; and all of that. PRSI gives them that protective cover. Cover for contingencies that arise in a working life is what PRSI is primarily about at that age. The contributions someone makes are contributing, eventually, to his or her pension later in life.

However, if people start saving at 23, they have plenty of time to develop a very sufficient pot for their pension because it gives them 43 years of savings. If everybody did 43 years of savings we would not be having this discussion and there would be no need to do anything. The age limit of 23 is there deliberately because below that there are major flux issues in switching in and out of jobs and there are major administrative difficulties in dealing with the part-time nature of most of those jobs.

Then we run into affordability issues because the vast majority of people working in these age groups use all of their income for rent, college or transport. Therefore, imposing this on them unnecessarily did not seem like the best of ideas. We want to nurture and encourage people to continue with education. Those who are not in these circumstances can opt in and we will be encouraging people to do so. It is simply the difference between compelling people to be in and allowing them to be in. There is no barrier to people coming in at any of these ages.

Somebody under the age of 23 could opt in.

Mr. Tim Duggan

Anyone under the age of 23 can opt in. If they do so, their employer will be compelled to make contributions on their behalf and the State will also be compelled to do so under this law.

It might be interesting for us to see the underpinning research. If we are basing this on college participation, we are expecting people to have at least a level 8 qualification at the age of 23. If we are speaking about the volatility of people in that demographic, many will end up with an occupational pension as opposed to an auto-enrolment pension. I am concerned for people who go straight from school into something that is physically demanding. The committee has had discussions on whether it is reasonable for people in physically demanding roles, who might be in lower income thresholds throughout their working lives, to work into their late 60s. I certainly understand the logic and I ask for the underpinning research to be shared. The fact that people can opt in answers the central concern I have.

The language used with regard to State organisations being at the heart of the pension scheme is something that ICTU raised with us last week. It is something that people are happy to see. I am happy to see the State very centrally involved in the decisions that will be made on the pension rather than having a completely privatised model. Something the committee will probably take up again and again, and I know Deputy Ó Cuív has spoken about it a lot, is that we will generate a very large pot of money through this. It will be put in by the Irish State, Irish workers and Irish employers. We should have an interest in and view on how the money will be spent for the benefit of the State. This is about how we structure the default offer in particular. We know that many people will end up defaulting to whatever they are put on and remain there rather than look at various investment choices. This will probably be the case for the vast preponderance of people.

It is essential that we reflect some of the values of our society in how we construct the default model. Deputy Ó Cuív has a concern about a lot of the money being invested outside of the State. I have a lot of concern about the ethical framework that will underpin these investments. Will we invest in fossil fuels, for example? Will it be put to use in the economy, either in afforestation or long-term leasing and rentals? We see a lot of pension pots invested in this way. Will Mr. Duggan tell me about our thinking on the default pension? What will the investment profile look like? Is there a possibility for us to reflect some of the ethical underpinning of the State in terms of where the investment goes? The flip side of this is whether we are sure it is sufficiently safeguarded against future raids by the State. It will become a large pot of money and will become very attractive to the State in the case that we hit a rainy day.

Mr. Tim Duggan

The funds that will be generated will be personal funds. It will go into a great big pot that belongs to the State. It is not like the Social Insurance Fund. Everyone will have a pot. They will all be individual pots. The central processing authority, CPA, will have a fiduciary duty to act in the best interests of the participants of the scheme. This means it will be compelled under this law, pensions law generally and European pensions law to ensure it is able to get the best return for the investment. Within this we can set parameters. Already in the Pensions Act there are provisions to facilitate the application of environmental, social and governance, ESG, principles for investment. The automatic enrolment Bill effectively mirrors these very principles. This will allow the CPA to instruct investment managers to invest ethically for social purposes and good governance purposes. All of the typical ESG criteria will be available to the CPA to instruct investment managers.

The difficulty with ESG principles, and Deputy Ó Cathasaigh knows this better than me, is that they are evolving. They are not static or defined. Therefore, they will take some time to bed down. As a consequence it probably would not be wise at this juncture to be entirely prescriptive in the legislation. Some degree of flexibility will have to be given to the board of the CPA to allow it to traverse the changing environment. As things change we could end up in a situation where it would be difficult to switch investments if it were too prescribed in legislation what they could be.

The principles set out in the legislation effectively mirror what is already in the Pensions Act with respect to ESG principles. The procurement process the CPA will operate to get investment managers will also reflect these principles. In its award criteria it will give marks to funds that operate these principles. Therefore, it is the intention that the investments made on behalf of people will be ethical and support ESG principles.

As for investing in the country, we run into tension between the fiduciary duty to get the very best return for the members within ESG principles and supporting activities and initiatives in the nation. This is always a tension. It is a matter for the Oireachtas to decide where to land on this. It would require very careful consideration so that the members' interests are paramount as far as the Department and the Minister are concerned.

I thank the witnesses for coming before the committee and for their opening statement. I want to come back to the issue of a lower entry age. This has been raised in a number of submissions we have received. I understand that many people who go to secondary school and college might do a bit of part-time work here and there and it fluctuates. I understand all of this. The other side of this is that we need to train people on pensions. It has not been the norm until now and, as has been said, it has not worked. People have not sought a pension. We need to educate people on the importance of supplementing their State pension in retirement. There is this side to it. Mr. Duggan said the Department looked internationally and found that a number of countries use a similar entry age. This is not the impression ICTU gave us last week. I got the impression that a number of other OECD countries have an entry age lower than 23. What are the countries that have an entry age of approximately 23?

People start paying PRSI at 16. I know the option will be there to opt in but I am not sure whether many 16-year-olds will even be aware they will be able to do so or would bother at that age. Perhaps some will. I do not see any reason people should lose seven years of pension contributions between the ages of 16 and 23 when they are paying PRSI and contributing. They will not be able to contribute automatically to a pension unless they decide to opt in themselves. I would like more information on those countries with an entry age of in and around 23.

The issue of the income threshold beginning at €20,000 was raised. How was that figure of €20,000 reached?

Mr. Duggan said there are complexities with including the self-employed. This issue has been raised a number of times by various organisations. Can those complexities not be overcome? What level of work was done on that? How was the 0.5% maximum fee reached?

The ICTU representatives who appeared last week recommended having trade union representation on the central processing authority. It would be important to have them as a voice for workers on that authority. I ask the departmental officials to give consideration to that recommendation.

Mr. Tim Duggan

I apologise if I gave the impression that other countries have set the starting age as 23; I did not think I did that. No other country has set the age at 23. The UK has 22, the US has 21 and other countries have 18. Some countries have no age limit at all. Those would be countries that do not build it the way it is being built here based on employment. They just let anybody join similar to a saving scheme. Children may join if they want to and put in €100 at Christmas when they get it from their granny, that kind of thing. It depends on the nature and design of the scheme and what it is trying to address.

Would Ireland have the highest age at 23?

Mr. Tim Duggan

Of the auto-enrolment systems in the world, it is probably at the high end. It is at that high end because based on the analysis we have done we have higher rates in education up to that age compared with other countries. Those people are in continuous full-time education and not in continuous full-time employment. That is the primary reason. Setting a lower age would mean taking money from people who are earning small enough amounts of money in part-time and casual work to fund their college and third level education. We think that rather than doing that, anyone can opt into this system provided they are not already in a scheme and they are of working age. We would emphatically make that clear in the communications campaign that is being designed. Nobody will be in any doubt that this will be available to them if they wish to participate.

If they wish to participate, it will be very easy to join. There will be a portal that people can access and there will also be an app. People will be able to join it with a few clicks on their phone if they so wish. Many young people tend to work in multiple different jobs. Their employer or possibly multiple employers would then be compelled to make contributions in the same way as if they had been auto-enrolled. The State will also be required to make the top-up as if they had been auto-enrolled.

There are a number of reasons for selecting the threshold of €20,000. We need to step back from this and look at what we are trying to achieve. We are trying to ensure that people have an adequate income in their retirement. How do we define adequate income? Down through the decades, governments, commentators and those in industry typically defined adequacy using what are called income-replacement rates. A typical income-replacement rate that has long standing in Ireland is 50%. Therefore, someone needs about 50% of their working-age income in retirement to have an adequate income to maintain the same standard of living effectively. That has always been the general wisdom, if I may put it that way. I do not think it is a good enough grounding. Based on the analysis we have done, we believe that two thirds of someone's income during working years would be closer to the mark as an average of what would be required for a replacement rate.

However, again based on analysis we have done, we know that the lower someone's income in working age, the higher the replacement rate needed is. Someone earning about €15,000 in a year needs a replacement rate of more than 90% in retirement to maintain the same standard of living. We do not judge on the basis of presumed wisdom or averages that have emerged over time. We look at the actual facts of the various income bands versus the replacement rates that would be required.

I will give some examples. At the moment the State pension provides people with an income of just over €13,000 if they have been working full time. Based on that, for someone earning €20,000 in their working life, the State pension would give them a net replacement rate of 69% to 70%, which is well over the two thirds that we believe is necessary. For those who go below that, their State pension obviously gives a much higher replacement rate. For somebody earning €15,000, the current replacement rate is about 89% to 90% from the State pension alone. That is without any of the supplementary top-ups available from the State such as household benefits, fuel allowance or any of those things if people qualify for them.

That is the situation at the moment. However, as the Deputy knows, the State pension rate will increase in January. Therefore, for somebody earning €20,000, the net replacement rate will improve to about 73% to 74%. I am making a guess here, but I am assuming that it will be even better by the time auto-enrolment is launched in 2024. The objective here is for people to have a pension but for those who already have a replacement rate that is more than adequate, we want them to save at the same time.

We then come to the difficulty between affordability and needs. In developing this design, we have been trying to strike that balance. In the same way that some people are telling the Deputy that €20,000 is too high, some commentators say that it is too low. During the public consultation, we got submissions from people who represent those on low incomes stating that there is a major affordability issue with having the threshold at €20,000 and claiming that it should be €25,000 before forcing people to give up some of that income. Their argument is that they know that people in those income brackets use pretty much all of their income and that they have very little discretionary spend available to them.

We selected €20,000 to try to strike that balance between needs in ensuring there is adequate provision for retirement and affordability in allowing them to live properly during their working lives. The figure of €20,000 was selected because it is right on the cusp of those replacement rates that we teased through in our analysis.

Regarding the issue of the self-employed, the fastest way to market is through an employer-employee relationship because that allows us to leverage payroll. Almost all employments in the country now use a payroll system.

Even the very small ones, if they do not have one themselves, are using the services of accountants or payroll bureaux that can do it on their behalf. Almost all employment arrangements in the country have payroll systems. There are only so many of those systems. Therefore, it is possible for us to engage with those and automate most of this in the exactly the same way Revenue has done for tax and PRSI purposes. The intention is we would leverage payroll. By doing that, we will quickly be able to get three quarters of a million people or thereabouts - that is based on historical data - into the system.

Self-employed people do not have such arrangements. They do not have regular pay periods. They do not have employers to make contributions on their behalf. It is an entirely different proposition. How would they be enrolled? How would that be done automatically? How would it then be worked out how much of a contribution they should be making and how would top-ups be facilitated? All of those questions need careful consideration.

Many self-employed people are also self-determining in the sense that they do not want interference. What they want to do is use their money for investment in their business to build it up over time and then, later in life, deal with retirement, pensions etc. It is a fairly typical model in the self-employed world. All we have said in the principles paper is they will not be in on day one. We will look at it. Once we have the system developed, embedded, running well and people used to it, we will look to see how best we might be able to accommodate self-employed people.

It is interesting to note there is no successful implementation of auto-enrolment encompassing self-employed people anywhere in the world that we are aware of. It does not exist. Chile tried it and it did not work very well. Essentially, it ended up with a whole load of people having nominal pots but no contributions coming into them. It became an administrative nightmare. It just did not work. We are unaware of any successful implementation of the self-employed in auto-enrolment.

The last point to make, and it does not address the problem entirely, is that there is an incredibly advanced market in the pensions industry for self-employed individuals. There are a range of products already available to them that attract full rates of tax relief. Perhaps part of what needs to be done over the next couple of years, and maybe as part of our communications around auto-enrolment, is that we go harder on the communications and education around those options that are available to self-employed people. However, I would say to the committee that it is not doable in the timeframe that is available to get this implemented by 2024 and I think the priority has to be getting in the three quarters of a million people and having them investing for their retirement.

What of the fee aspect?

Mr. Tim Duggan

Yes, there were two other issues the Chairman asked about. I note ICTU last week suggested that 0.5% was too high. I honestly do not know or understand why it would suggest that or what it is basing it on. Fees for pension schemes are typically considerably higher than that and, therefore, that is very low by normal standards. That is the first point I would make. Second, we have not said the fee will be 0.5%. We have said the absolute maximum we will tolerate is 0.5%. The actual rate will emerge in two ways: the procurement exercises that are run to engage commercial providers of the various facets of the system, and the costs of running the system. The combination of those will eventually allow us to determine the actual rate.

Looking at systems elsewhere, it can be seen that 0.5% is quite low, and the complexity of the fee structures around pensions is incredible. The European institute of occupational pensions published a list of the different types of charges that can be imposed on a pension. In Times New Roman 12 point font, it fills a page. It is an incredibly long list. Setting a 0.5% ceiling is incredibly ambitious but we are determined to achieve it. The scale is one of the reasons we are determined to achieve. We think, for the scale we will be bringing to the market, we will be able to negotiate those kinds of price points.

The second source of encouragement is that National Employment Savings Trust, NEST, in the UK has just about achieved it. It has a significantly greater level of scale than we do. It has 11 million members. It has multiple fees in its system but the combination of them comes to 0.48%. We think the structure and operation of the central processing authority, CPA, and how it will do its business is not hugely dissimilar to how NEST does its business. That, in our view, allows us to suggest that those fees are attainable. We will be very aggressive in the contract negotiations around them anyway.

In saying all of that, it is our absolute determination to have them as low as possible because one of the massive barriers to pension take-up in Ireland, in our view, has been the inordinately high fees that can be imposed by providers. It is our intention to make that as low as possible in those negotiations. Where we achieve that, that will be reflected. The CPA will be non-profit-making. Therefore, that money will be directed back directly to the participants, and the way that will be done is by reducing the fees from then on.

As for trade union representation on the board of the CPA, no decision has been made yet on the composition of the board. In fact, that is something we are working on with the help of the European Commission right now. It is critically important the board is competent and has all of the necessary capabilities, skills and experiences to run this properly. It will need people who have pensions expertise, investment expertise, risk expertise, audit expertise, communications expertise etc. to make sure this system works incredibly well and for the benefit of the participants, and that they are capable of engaging credibly with the markets they will have to engage with. Those are the kind of people who are critical to that board.

I note that in the UK - NEST being the big one there - they do not have either employer or worker representation on the board of NEST. They have concentrated on those skills I outlined. What they have is a worker panel and an employer panel that the board consults regularly. That is another option that can be looked at. As I said, no determination has been made yet. It is being teased through at present. I note that congress has expressed that view and that interest.

There is much in this proposal to be looked at. We were given to understand at the previous meeting that there was a different approach taken in some of the European countries, specifically the Nordic countries, to the idea of ensuring a pay-related pension for when one retires, and that it was much more state-based than the private sector model we are proposing. What examination has taken place in relation to the approach in non-common law countries - the European countries - as opposed to looking to Britain or even to America or wherever? We have a tendency always to look to Britain, and that is fair enough.

It is our nearest neighbour from which we inherited much of our approach to law, but we are always boasting about our membership of the EU and new things it has brought us. How much investigation has there been of alternative models rather than the very private sector-based model we are going for?

The second issue raised by Deputy Ó Cathasaigh was one I raised the previous day and involves investment in ethical funds. What happens if it does not give us as good a fiduciary return as investing in fossil fuels, for example? We then have the definition of an ethical fund. I think Mr. Duggan pointed to that. We found that natural gas is included in the taxonomy. Who is going to define what an ethical fund is? Will it be somebody out there or the Irish State?

Mr. Duggan said we cannot tell them where to invest because there might be better returns abroad. Two issues arise there. Looking at Ireland Inc., by investing money in Ireland, one would hope to develop our economy and maybe put a lot of Irish-owned investment into wind energy off the coast. That is a very simple example that will take billions of equity. Not only are we getting the straight return on the fund, we will get the economic generator return from the fund, which will increase people's income, meaning the fund will be bigger anyway. That is one we need to tease out better because it is not as simple as I get "X% here and Y% there.

I accept that risk is an issue. One of the reasons I like the PAYE approach for State funds is because we saw during the downturn how big an issue risk can be with investment in equities or other investments. My understanding is that when people get to a certain age, say within ten years of pension age, the funds are normally transferred out of the higher risk investments such as equities into bonds. One of the ironies in this country is that most pension funds in this State invest in German bonds. I defy anybody to say that investing in Irish State bonds is a risk. The chance of the Irish Government reneging on bonds has proven not to be true. It caused a lot of debate but the Government held firm that your word was your bond - literally. This was the right decision. I do not see a risk in Irish bonds. They give a better yield normally compared with German bonds. Again, one must question the wisdom of the Irish State pumping so much money into German bonds. I would like Mr. Duggan's take on that.

My understanding is that, regarding State investment in cash, the employee puts in €3 and the State puts in €1. Is that correct?

Mr. Tim Duggan

Yes.

That replaces the State forgoing income tax at the top end. At the moment, if I put in €100, I effectively get €40 off if I am on the 40% rate of tax, €20 off if I am on the 20% rate, and nothing off if I am not paying income tax, and the 30% is going to replace this. It could be argued that, for an awful lot of people, it is actually a reduction in the State input into their pension, not an increase. If I am correct, it begs another question. Most of the people who will be able to go outside auto-enrolment and put more money into pensions are the well-to-do. Has this debate taken place with the Department of Finance? Are we going to continue giving them a 40% discount, which is the same as giving 40% cash input because it has the same effect, or will we allow them to get 40% and the rest to get 30%? It had been proposed by the Department of Social Protection back in the day that everybody would get 33%. Will Mr. Duggan elaborate on that?

Mr. Duggan spoke about replacement rates. The great thing about the State pension at the moment is that, give or take over the time I have been working, it has more than kept up with inflation and in real terms is effectively better today than it was in the 1970s. When I go out on my pension, the funded pension, my understanding is that is it. Mr. Duggan spoke about a replacement rate - say, 60% or 70% - but has the Department analysed what would happen if I retired at 65 or 66 and got a replacement rate of 60%? If the average person is living to 83, 84 or 85, by the time I get to 85, what is the real replacement rate taking inflation into account, because my State pension will keep going up but this one has the disadvantage of being frozen in time? If we get 10% inflation like we have at the moment, 5% or an average of 3% or 4% over what will nearly be 20 years and, in some cases, well over that, what kind of erosion will there be or has the Department calculated that?

There is another issue that will weigh heavily on people. To me, the reason people can survive on 50% or 60%, and I see this with pensioners coming in to me all the time and all of us working at the bottom end see this, is that a couple get two State pensions amounting to €500 per week, which would not be a huge salary if they were working but would be a very small salary if they were paying the mortgage on a house. However, traditionally, the vast majority of people of pension age have owned their own property. Has the Department done comparisons regarding the amount of money someone would need to get every week if he or she was paying the average commercial rent for his or her home, even allowing that he or she had downsized, which people who own their houses have the great privilege of not having to do? That is a much wider debate because not everybody downsizes. It does not particularly suit rural people because, when families come home, they tend to pile into the house. Has the Department done an analysis as to the person who puts the money into the pension fund as a priority and rents the house, which we are told is the way to go and the way of the future, although I do not agree, and the person who decides he or she is going to own a house so that when he or she gets to pension age, he or she will own the house and live off the State pension and a private pension and not have to pay an ever-increasing mortgage as property prices go up, as they inevitably do over time? Have we done an analysis of those choices?

I would have taken the second choice - own my house first and worry about the pension afterwards - because if I owned the house, I could live on a more modest income. Have we modelled the choices? This is the real world and these are the types of question people ask in constituency clinics. People think smartly and realistically about these issues.

Mr. Tim Duggan

I will try to take the Deputy's questions in the order he asked them, starting with the pay-related pension and the state-based approach in other countries. We have examined systems in other countries – in fact, I have gone to Sweden and Denmark and spoken to all of the experts there – in designing this system. Based on last week's debate and some of the questions raised, I believe there is a little misunderstanding about exactly what happens in those countries. Just as there is in Ireland and every other OECD country, there is a three-tiered pension system in Scandinavia and the wider Nordic countries. They have state pensions, occupational pensions and private pensions. How those pensions are comprised varies a little, but the structure is exactly the same.

The Scandinavian countries typically have two parts to their state pensions. They have a basic part to which everyone is entitled and could be represented by the non-contributory pension in Ireland. They have also a contributory part. Someone gets X and then gets more depending on the contributions he or she had made. It is pay related in that sense. This combination brings him or her to approximately the same type of income as a person on a contributory pension in Ireland would be on or, in some cases, less.

The state pension system in Scandinavian countries does not cover everything, which is why they have an incredibly strong occupational pension pillar. It is compulsory in those countries in the main and was arrived at through the collective bargaining approaches that were employed there for many decades. Most companies are part of that collective bargaining approach, which is agreed centrally with governments, have established occupational pensions either individually or, more likely, on a sectoral basis. There are mandatory levels of contribution that have to be made into these pension schemes by the employers and the employees.

In this respect, the Scandinavian system is not dissimilar to what we are suggesting with an auto-enrolment system. In all of the cases we examined, occupational arrangements, particularly on a sectoral level, were done through a central processing entity. That entity would effectively do what we are discussing in this context. It would arrange for the collection of the contributions and for the compliance of same to be upheld. It would arrange for the money to be invested in accordance with its standards and rules. It would provide the participants with access to the details of all of that through portals and so on. The approach taken in those occupational pensions is very similar to what we are suggesting.

Those countries also have private pensions in exactly the same way we do. People can avail of them in addition to or instead of occupational ones, if they wish. Self-employed people in Scandinavian countries tend to use private pensions rather than occupational ones a great deal.

All of the world's major think tanks, including the OECD, the International Monetary Fund, IMF, and the World Bank, advocate for a three-tiered system of state provision, occupational provision and private provision. We have all of that. It is just that many people in Ireland have not had access to the occupational piece for decades. The voluntary approach we have taken has not worked. Some good companies have set up schemes and brought their employees into them, but Ireland is very dependent on small, medium and even micro-sized enterprises, and such organisations typically have not set up schemes. That is why so few people in the private sector are in occupational schemes. The situation is entirely different in Scandinavia, where occupational schemes are the law, as established through collective bargaining. From my investigations, this is the main difference.

A final point to make is that the way Scandinavian countries have developed occupational schemes – the centralised management approach they have taken – has allowed them to achieve fee and charge rates of 0.5% or less. This is another reason for us to be confident that we can achieve the same.

Regarding investment, I will revert to what I told Deputy Ó Cathasaigh. The paramount obligation on the CPA in overseeing investments is its fiduciary duty to the participants. That is European law. We can set standards and include ESG principles in those standards, but there is a fine line to be walked between doing that and tying the hands of the CPA's board in conducting its fiduciary duty. It is not that it cannot be done. It just needs to be done with care.

We are acutely aware that ESG funds are becoming more important and are performing much better than they used to. Investors are taking them more seriously. In some respects, they are developing cachet status and becoming desired. As such, we are not greatly concerned that it will not be possible to marry the fiduciary duty on the one hand with the desire for ensuring ethical investment on the other. It is possible to marry the two and achieve that.

The trick with the CPA will be to tell it in the law what to do but not necessarily how to do it in detail. The structure and nature of markets are ever changing. If we tied the CPA's hands too much, it would not have the nimbleness to move and ensure the best interests of the participants. That is always a consideration when dealing with the markets.

On tax relief versus top-up-----

The investment in bonds. For the past ten years or whatever the period was, Irish pension funds have tended to invest in German bonds.

Rather than Irish ones, even though their yields were better.

Yes. The Irish pension funds said there was a risk. I could not get my head around that. I still cannot.

Mr. Tim Duggan

I accept the Deputy's view, but I do not know what exactly he wants me to say about the situation. He is right.

Forget about the private part of it. A big wad of State money was invested in German bonds instead of Irish bonds, even though the latter were giving better yields, just because a private industry created an illusion that there was some risk to Irish bonds.

Mr. Tim Duggan

No. Remember, this is people's money, not the State's money. The State is topping it up, but the State is also topping up occupational and private pensions. This is the people's pot of money, not the State's. That is a very important element.

It is their risk so it is their interests that have to be served, not the State’s. It goes back to what I said: the fiduciary duty is paramount. It is a case of ensuring the best outcome for the participants in the scheme. If it turns out that investing in Irish bonds is best for the participants on reaching the de-risking stages of the lifestyle, there is no reason the CPA would not do that.

Mr. Tim Duggan

The Deputy should remember that the CPA is going to be a State entity operating on behalf of the people; it is not going to be a private commercial operation. If it states it wants an investment in Irish bonds, the investment managers will have to follow its instructions. Equally, if Irish bonds are not performing as well as bonds elsewhere, the same flexibility will have to apply, such that the CPA can issue investment instructions to ensure the best outcome for the participants in the scheme. I will always fall back on that because it is people's money, not the State's.

On the issue of the top-up versus tax relief, the way the Deputy set it out is correct. Our analysis during the public consultation showed that the vast majority of people just do not get tax relief. I do not mean they do not receive it but that they do not understand it. It is not obvious to them what it means or how it benefits them. That was really clear in the consultation we did. As Ms Dowling has often put it, people understand money given to them much better than money that is not taken away from them. Tax relief is money that is not taken away from them whereas the top-up is money given to them. People understand that much better. Members will have heard previous Ministers describe this approach as akin to that associated with the special savings investment account, SSIA. It is, except that it is much better than the SSIA ever was. It is about understandability.

The second point concerns equity and fairness. The Deputy is right that somebody who pays tax at a rate 40% will get tax relief at a rate of 40% and therefore get a far bigger incentive from the Government than somebody who pays tax at a rate of 20% or who does not pay tax at all. We and the Government took the view that incentivising does not necessarily mean tax relief; what it means is encouraging and helping people to do something. It should be fair. Regardless of one's income level, the income bands that auto-enrolment will cover and how much tax one pays, one should get an incentive at the same level. Consequently, the Government decided on the top-up approach rather than a tax-relief approach. That means-----

Sorry, could I just clarify something because this relates to the point I made? The Government consists of the 15 Ministers. To my understanding, the Government decided that if you are in auto-enrolment, you are subject to the top-up approach, the straight-cash approach, but that if you continue in a private occupational pension scheme, the Government still gives you 40% off. Under one, you are getting 40% off. I asked what discussion was had with the Department of Finance so it would follow the lead of the Department of Social Protection and give only 30% on the occupational pension relief so there would be equality for all and that the good lead given in one Department would, on the basis of a whole-of-government approach, mean equality in respect of all those paying into their pension funds, or the wealthy, and currently subject to the 40% rate. The original idea of the Department of Social Protection was that everybody would get the same tax relief on pensions.

Has that engagement taken place with the Department of Finance?

Mr. Tim Duggan

There are always discussions with colleagues in the Department of Finance on a host of matters, this included. The Government decided it would do a top-up for auto-enrolment at the rate of 3:1 and leave the existing system intact. I do not accept the premise that people are losing out. The people who are going to auto-enrolment right now have nothing. They are getting no incentive for anything from anybody. They go into auto-enrolment and every €3 they put in will automatically become €7. They are not losing anything; they are gaining phenomenally. They are getting an incredible amount of what some commentators have called free money. That is what I mean when I say this approach is inordinately better than the SSIA approach that existed at or after the turn of the century.

It is important to note that 75% of the people we expect will be auto-enrolled are paying tax at a rate of either 20% or 0%. If we had applied a tax relief to the auto-enrolment system, the vast majority of people would either get the low rate of incentive or no incentive of any kind from the State. Close to 600,000 people will end up better off under the auto-enrolment system rather than the tax-relief system. That is why the approach has been chosen. It is far easier to understand and far better for the vast majority of people who will be in it.

I am aware that some commentators have said publicly, and probably state in submissions to the Deputy, that this is going to create all kinds of confusion and arbitrage, with people trying to switch from one system to the other, but I believe there is a lot of hyperbole in that. It is grossly overstated as an issue. The people in occupational schemes will stay in them and those in none will enter auto-enrolment. There will be occasions when people will move between the two, moving from one job with a scheme to another with none, thereby going into auto-enrolment. Then they may move back, and then they may have a choice as to whether to go into the scheme in the company in question or stay in auto-enrolment. There will be some considerations at a personal level but the vast majority of people will not have any confusion or arbitrage issues to deal with.

On the questions on erosion and the State pension keeping up with inflation, it very much depends on what you do when you get to retirement age. Once upon a time, people used to take out annuities. As the Deputy said, that involves a fixed amount and it does not change much, unless one buys an annuity that has an inflation factor built into it. Annuities have gone out of fashion in that they have become quite expensive, especially in this jurisdiction. They are more expensive here than in many other jurisdictions. Therefore, what people are doing increasingly, and almost exclusively at this stage, is maintaining investment. They are using approved retirement funds or the like to keep their money invested and then they draw it down as they need it. Since the money is invested, one hopes the amount will grow continuously, in the same way that economies and expenditure inflate. You would hope that that mechanism would allow the returns to keep pace with the inflation occurring in the economy generally. That has worked out reasonably well so far for 30-year and 40-year investments where the money stays invested. Therefore, one of the reasons we have not yet landed on what the drawdown mechanisms for auto-enrolment should be is that we want to see how that landscape emerges. It is not immediately needed over the next three to four years and therefore we want to see what emerges.

We believe the advent of automatic enrolment in the Irish marketplace will result in innovation in product offerings on the retirement side. We want to give that chance for the landscape to change and emerge.

On owning property and income needed if renting, I do not consider renting and taking out a pension, or buying a property, as exclusive.

They are becoming more exclusive. I only asked in the point of comparison sense.

Mr. Tim Duggan

I suggest the opposite because rents are as costly as mortgages nowadays. I have two sons who are in the age bracket that is looking at how to deal with property and so on. Renting is as expensive as buying nowadays. Renting and taking out a pension is no more feasible than having a mortgage and taking out a pension nowadays. The Deputy is correct in the sense that a reduced level of home ownership is emerging through the generations and, therefore, when it comes to pension age, dealing with that rental requirement will be a real issue. The ESRI has done some analysis and published reports to demonstrate precisely that. It could be argued, however, that makes it even more imperative that people get into good-quality retirement schemes in order that they will have a better income in retirement.

They will certainly need it if they do not own their own houses. I would rather own my own house.

Mr. Tim Duggan

So would I, which is why I do. The point is that some people just cannot own their own houses.

That goes back-----

Mr. Tim Duggan

I cannot solve-----

I know. This goes back to our consideration because we have to use a wider lens than the Department. The Department is working on this. It is told it has to look after pensions but we have to look after everybody's life.

The point is if people own their own houses, the level of income they will need when they reach retirement will be far less than for those who rent. The percentage of working income that people have on retirement will need to be higher if they are renting. Has that assessment been taken into account in the Department's calculations?

Mr. Tim Duggan

Not in that way because it is quite difficult to do. I am not sure how it could be done. I cannot predict what rent will be like in 40 years.

No. However, based on studies done by the ESRI, by the time many people go into automatic enrolment at the age of 23, 24 or 25, the probability of them owning their own property and not having to pay either rent or a mortgage once they retire is far less than for those who will retire in the next 20 years, for argument's sake. If we are looking at a long-term retirement plan, that needs to be reflected in the overall costings and capacity for people to service that element of housing on retirement. The answer to the Deputy's question is that this matter has not been incorporated into what we are considering at present. Maybe that is something the committee will have to look at, in addition to engaging with the ESRI on it.

Mr. Tim Duggan

That would be useful. I do not know how far the ESRI will be able to travel that road with the committee. On the analysis that has been done in other jurisdictions and here, the best advice is that somewhere in the region of 14% to 17% of working-age income is what is required to provide adequacy in retirement on top of the state provision. We have opted for the lower end of that but perhaps there is an argument for going higher in order to deal with the very issue both the Chair and Deputy Ó Cuív raised. Of course, that then means contributions will have to be higher or something would be done differently as regards investment and so on.

Does Deputy Donnelly want to come in on that aspect? We are running tight on time.

We could go very deep on the complex calculations regarding what rent will be in the future. A simple solution would be a European model of security of tenure for people who rent together with rent controls. That is a very simple model that would allow us to ensure that, into the future, it is not the private market or free market that decides what the rent will be in 20 years.

One matter I will raise that is very interesting relates to the age of 23 for automatic enrolment. The rationale that was talked about is most people are in college at that age. Do we have statistics - maybe I missed them - on people who are in work from the ages of 16 to 23 and people who are in college? What is the difference percentage-wise?

Mr. Tim Duggan

I am digging the information out.

It is just out of curiosity. I would like to know the percentage.

Mr. Tim Duggan

Is there anything else the Deputy would like to know, while we are digging that information out for him?

No, that is fine.

Mr. Tim Duggan

The overall figure for the population aged between 16 and 23 is just over 400,000. Of those, the number in full-time education is approximately 300,000.

That is from the age of 16. People would have their leaving certificates and-----

Mr. Tim Duggan

Yes.

Do we know what the percentage is from the age of 18?

Mr. Tim Duggan

Out of the figure of just over 400,000, 280,000 in total are aged 18 or over, of which approximately 180,000 are in full-time education.

It is approximately two thirds in education to one third working.

Mr. Tim Duggan

Three quarters of those aged between 16 and 22 are in education. That drops to approximately two thirds for the 18 to 22 age group.

Mr. Duggan is saying that-----

Mr. Tim Duggan

That is full-time education.

-----this does not stop those 100,000 people aged 16 to 23 who are in full-time work from opting in to automatic enrolment. However, will there be pressure on them not to opt in because of the potential cost to their employers? If there are two employees, one of whom has not opted voluntarily for automatic enrolment and another who wishes to opt in, could the latter be discouraged from opting in because it could ultimately make that employee far more costly to the employer? That employee could be actively encouraged not to avail of that option.

Mr. Tim Duggan

The short answer is "Yes". There are a couple of points. It is unlikely there would be any more pressure on an employee not to opt in. The argument could equally be made that pressure could be put on employees to opt out because they can opt out after six months. Every time we change the rate, employees can opt out after six months. At any time, employees can suspend automatic enrolment for a period. Pressure could just as easily be put on employees to opt out as to not opt in.

When members get a chance to look through the heads of Bill, they will see that under head 8, "Employers must not interfere in any way in the AE choices made by ... individual employee[s]". We also have penalties for breach of obligations. For instance, head 8 also states: "An employer who is found to have contravened this Head shall be liable to pay to the person affected a compensatory penalty of €5,000." That is a suggested provision in the heads to deal with that very thing, namely, to discourage employers from trying to unduly influence the choices people make. It is a danger, but we have provision in the Bill to try to deal with it.

Deputy Ó Cathasaigh is next. Does anyone else have a supplementary question before we wrap up? No.

I noted a similar concern to that outlined by the Chair.

Let us take hospitality for example. If the age limit of 23 is retained, there will be an incentive to employers to employ people under the age of 23 because it will be cheaper. They will not have that contribution to make.

I want to examine the figures in the context of people in full-time education or employment in those age ranges. Essentially, no matter which way we express the figures, Mr. Duggan has said that there are some 100,000 people in those age ranges who are not in full-time education.

Mr. Tim Duggan

Yes.

We have to figure out whether that means they are in full-time employment-----

Mr. Tim Duggan

It does not because a lot of them are in part-time education and part-time employment and so on.

Just looking at that, this longitudinal research probably has not been done. As I said earlier, if we are saying that people are in college until the age of 23, we will expect a decent proportion of them to enter higher-paid work, probably into an occupational pension, or to an income point where they will say that the 40% tax relief is going to be a lot more advantageous to them than auto-enrolment. If we consider the 100,000 people identified as being under the age of 23 who are not in full-time education, I suspect that if we had research done on this it would show that those people will end up benefiting from an auto-enrolment scheme in the longer term. I reiterate that one of the concerns of the committee is that people might end up in physically demanding work and it may be unreasonable to ask them to work to the age of 67 or whatever age we set the retirement age at. I am slightly worried that 23 is not an age anywhere that is internationally high. I wonder if we should we look at the logic of that again. I do not have the research to back this up. Does the Department have that? I suspect that the cohort of 100,000 identified as not being in full-time education are the very people who would benefit in the longer term. Mr. Duggan mentioned 600,000 as the figure we hope to be in the auto-enrolment sphere. The 100,000 cohort would be one sixth of that figure, given the demographics, so I wonder about the age limit of 23. Are we missing out on the exact cohort who would be most likely to benefit from an auto-enrolment in the long term? Should we rethink this age limit in that regard?

I thank the Deputy. Perhaps Mr. Duggan would address those comments and make any final comments before we finish the session.

Mr. Tim Duggan

We believe that auto-enrolment will automatically enrol somewhere between 750,000 and 800,000 people. This is based on 2019 data. I have a personal hunch it will be higher than that because the employment rate has increased in the interim.

It is also worth remembering that there are 2.5 million people in employment in the economy, with 300,000 to 400,000 of those in public service-type jobs. This means 2.1 million to 2.2 million people work in the private sector, with only 700,000 of them in schemes, which means 1.3 million or 1.4 million people are not. If we get 800,000 people into this scheme then there will be 600,000 people outside of it. Some of those will be people who are not in active employment: they are of working age but some are outside of the ages and some are outside the income limits we are setting.

On the question of hospitality, I would argue that hospitality employs people under the age of 23 in the main. They are the very people who can do this work because it is casual, part time, it is at evenings and weekends, and all of that kind of stuff. One finds huge numbers of that age group in that industry naturally anyway. There is nothing unusual there.

The reason I mentioned those figures of 700,000 people in schemes is to show that people of the age of 23 are not necessarily going into jobs that put them into occupational schemes. Huge numbers, some two thirds of the private sector, are not in occupational schemes. Occupational schemes are not growing. Defined benefit schemes are disappearing. Defined contribution schemes are not growing in the sense that few new ones are being launched by organisations. I do not believe it would be fair to suggest that people coming out of college at the age of 23 are going to into employment that will automatically put them into occupational schemes. It is more likely that they will not and, therefore, auto-enrolment is where they will end up.

With regard to the cohort of 100,000, it is hard to know. I will go back to what I said at the very beginning. At every hand's turn in trying to determine the design of this we have tried to strike that balance between, on the one hand, the need to be in a scheme to provide for adequacy in retirement, and affordability on the other. We are taken by the fact that quite a number of the organisations that best represent people in low income brackets are concerned that they do not have discretionary spend if they are of an older age group, and if they are of a younger age group the purpose of that income is to drive that education and the ancillary elements around getting that education. We do not want to interfere with either of those unnecessarily. Hence, setting those two thresholds, but at exactly the same time facilitating to enrol themselves and opt in if they wish to. I assure the committee that the communications campaign we are developing will exhort people to enrol if they can. It will highlight all of the benefits and all of the advantages and it will highlight what people will get from it. We will really try to enthuse and encourage people to enrol. The Minister and the Department feel that on balance it is better to give them the option rather than force them at those income brackets and in those age groups.

I thank Mr. Duggan and his colleagues for their assistance in considering the heads of the Bill, and for their constructive and positive engagement with the committee. We will discuss these matters further in a later private session. I thank them for their assistance to date to the committee and to the secretariat. I am sure we will engage again with Mr. Duggan and the Department early in the new year. I wish him and all the staff in the Department a happy Christmas. We look forward to further engagement in the new year.

Sitting suspended at 11.08 a.m. and resumed at 11.11 a.m.
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