I beg to move,
That the Committee has considered the draft Pension Fund Clearing Obligation Exemption (Amendment) Regulations 2025.
It is a pleasure to serve under your chairmanship, Mr Betts. The draft regulations will remove the time limit on the temporary exemption that pension funds have from clearing over-the-counter derivatives contracts, such as interest rate swaps, through a central counterparty. The exemption will continue indefinitely, ending the need for the Government to renew it every two years if they conclude that it is necessary.
The draft regulations will help UK pensioners by supporting pension funds’ ability to invest in assets that generate returns for their benefit. Maintaining the exemption is also in line with the Government’s priorities to increase productive investment by pension funds to support economic growth.
Central counterparties are a type of financial market infrastructure that firms use to reduce risks when trading on financial markets. They sit between the buyers and sellers of financial instruments, providing assurance that contractual obligations will be fulfilled. They do so by collecting collateral, known as margin, from all their users, which can be used to cover any shortfall if a default occurs. The process of transacting through a CCP is known as clearing.
In 2009, G20 countries agreed that certain standard derivatives contracts should be cleared through CCPs to reduce risks in the financial system. In the EU, this was implemented through legislation and is known as the clearing obligation. At the time, it was decided that pension funds should be exempted from the obligation because of the particular challenges that pension funds would face in meeting CCP margin requirements.
CCPs require certain types of margin to be posted in cash. Pension funds do not usually hold large cash reserves, as they invest a large majority of their resources in assets such as gilts and corporate bonds to provide returns for pension holders, meaning that meeting the requirement to post margin in cash can be more difficult for pension funds than for other firms. Requiring pension funds to clear their derivatives could cause them to increase their cash holdings, reducing their investment in other assets and their ability to generate returns for future pensioners over the longer term.
The UK assimilated the clearing obligation and the exemption into UK domestic law through the European Union (Withdrawal) Act 2018, which was passed under the previous Government. The exemption was initially designed as a temporary measure, but it has since been extended several times. At present, the Government need to lay secondary legislation every two years if they conclude that it is necessary to extend the exemption. The most recent extension was in June 2023, under the previous Government, who noted that
“it would be desirable to put in place a longer-term policy approach and remove the need for future temporary extensions”.
That is what the draft regulations seek to achieve.
The Treasury has since conducted a review of the exemption, working closely with UK financial services regulators and with input gathered from industry stakeholders through a call for evidence, which was launched in November 2023. The review found that requiring pension funds to clear derivatives could bring financial stability benefits, such as reducing counterparty risk, and could enhance resilience to shocks by increasing pension funds’ cash buffers. However, it identified concerns from some market participants that removing the exemption could increase pressure on the liquidity management of pension funds, particularly under stressed market conditions, which could increase risks to financial stability.
The review also found strong evidence that pension funds would need to hold more cash and reduce investment in more productive assets if the exemption were removed. That could reduce their returns, with a potential impact on the retirement benefits of future pensioners; it would also be inconsistent with the objectives of the Government’s wider growth reforms, including the pensions investment review, which seeks to unlock new productive investment by pension funds in things like businesses and infrastructure to support economic growth.
Overall, the Government concluded that there was clear evidence that removing the exemption would reduce pension funds’ ability to invest in productive assets, and that that could have an adverse effect on the retirement benefits of future pensioners, while the extent to which removing the exemption would generate direct financial stability benefits was very unclear. The Government have decided that, on balance, it is appropriate to maintain the exemption for the longer term. However, we will keep the policy under review, in co-ordination with the financial services regulators. If there are changes to market dynamics or wider Government reforms that have a material impact on the value of mandatory clearing for pension funds, the Government may reassess the issue.
The draft regulations will implement that policy decision by removing the time limit on the exemption, preventing it from expiring on 18 June this year, as is currently scheduled. They will also remove the Treasury’s power to extend the exemption by two years at a time if it concludes that that is necessary; as the exemption will have no time limit, that power will obviously no longer be required. Firms will not have to do anything differently as a result of the draft regulations, because they will maintain the status quo. This approach provides longer-term clarity and certainty for market participants on the policy position, which will support planning for their long-term investment strategies.
The regulations will maintain this important exemption for the longer term. They will provide certainty for pension funds and will remove the need for the Government to renew the exemption every two years via secondary legislation. They will support pension funds’ ability to generate returns, which fund the retirement benefits of future pensioners, and align with the Government’s objectives to unlock productive investment to support economic growth. I hope that the Committee feels able to support the draft regulations and their objectives; I commend them to the Committee.