Why should my pension scheme fund the Tories?

Good question. Ever since it came out from Labour & Capital” blog, that the fund managers Fidelity have recently given the Conservative Party £415,000; I have been contacted by furious UNISON members whose pension fund employ Fidelity.

Local Government Pension scheme members currently have little or no influence over who is employed to manage their pension contributions (their “deferred pay”). Now they find that their pension money is being used to enrich the Tories without them even being made aware.

Many UNISON members also work for Conservative controlled Councils and are obviously concerned that these Councils are paying huge amounts of money to a company which is a significant Conservative Party funder without any disclosure or consultation. LGPS Pension fund managers usually charge annual fees of hundred of thousands of pounds to manage Council funds.

I know that a number of Labour Party councillors are also livid that they have employed such a company without being aware of this potential conflict of interest.

The author of Labour & Capital, Tom P and his wife, has a ISA with Fidelity and has been trying for sometime to get proper response from Fidelity about why they pay the Tories, will they continue to do so and why don’t they disclose their political bias? He has been pretty much been fobbed off. See the latest rather pointless response.

Following the complaints I have received from UNISON members, I have (finally) drafted a letter to Fidelity which I will consult beforehand with the London and the National UNISON Capital Stewardship forums (I currently chair both).

I hope that the National Association of Pension Funds (NAPF) will also get their finger out and give some definitive advice on donations to political Parties. At the moment their advice is only that they would not normally support such donations. What on earth does that mean in practice? No doubt at this rate we will have to wait for some typically British financial scandal to occur before “the powers to be” get their act together and ban this frankly odious practice.

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Re: "Why should my pension scheme... (#1)

I know some trade union members who ask the question 'Why should my my trade union fund Labour?'

Seems much the same to me...

Re: "Why should my pension scheme... (#2)

Well, Visiting, it isn't.
TU members have to pay into a separate political fund, Fidelity members do not
TU members can opt out of paying into that fund. Fidelity members cannot.
TU members have to vote every ten years on whether to keep their political fund. Fidelity members do not. And by the way, every time they have been asked, trade unionists have voted overwhelmingly (85-90+%) to maintain their fund in a process condemned by the Better Regulation Taskforce for its burdensome nature.

Comparing trade union funding of Labour to corporate funding of the Tories is simply an exercise in muddying the water.

Re: "Why should my pension scheme... (#3)

But there's a crucial difference. Workers who want trade union representation usually HAVE to join one union. They can't pick and choose between affiliated and non-affiliated unions. I appreciate that they can choose not to contribute. but nonetheless non-requested Labour propaganda still arrives through the door.

Fidelity members who don't like the company can leave it and take their business elsewhere. If a company board approves it they have the right to do what they like with their profits, even if you don't like it. 

Re: "Why should my pension scheme... (#4)

Nope – there still is a huge difference.  As already said Trade unionists have to “opt” to pay the political levy and can at any time choose to “opt” out.  While trade union members in say Bromley, Haringey, Norfolk, Ealing, Greenwich and Buckingham County Council (and others) currently have very little or no control over who manages their pension fund. 

Re: "Why should my pension scheme... (#5)

That's a valid point but I'd only be comfortable with a solution which addressed both issues. I'd be quite happy to cease or limit corporate funding of the Conservative Party, if you were equally willing to cease or limit trade union funding of the Labour Party.

Re: "Why should my pension scheme... (#6)

What about individual funders such as Lord Ashcroft or Lord Steinberg?  Sorry, but there is in my view a fundamental difference between the subs that I and millions of other individual trade unionists choose to pay each month to the Labour Party with that of corporate funding (or rich millionaires).

Re: "Why should my pension scheme... (#8)

I don't see any fundamental difference; only the fact that both parties receive funding. Individual trade unionists do not have the chance to choose to send their political funding to the Conservative Party, Lib Dems, or any other organisation (apart from the union's general political fund) so unless such an option was made available to them, I would instead view the union contribution as one large contribution, much as Lord Ashcroft makes large contributions to the Conservative Party.

Re: "Why should my pension scheme... (#9)

Although I don’t agree with decision, the FBU I believe are funding Plaid Cymru while the RMT have funded the (now collapsed) Scottish Socialist Party.  In theory of course, union members could decide to affiliate to the Conservatives (The founder of NALGO one of UNISON’s predecessor unions was a Conservative Party agent).  I really cannot see how my voluntary individual subs which happen to be contributed collectively to the Labour Party can be compared with Lord Ashcroft.

Re: "Why should my pension scheme... (#7)

Employees, particularly Council employees, could be a bit more vocal about ensuring that their pension fund invests in more 'ethical' companies. This could be raised by Lab and Coop Members of the Council. As to other employees, its true that they have little say, other than taking out a 'private pension' again investing in ethical companies. Employees working in cooperatives would have more say of where the investment goes. 

Re: "Why should my pension scheme... (#10)

Good idea Swatantra, the chief problem is that the Local government pension scheme unlike all the private sector pension schemes has no legal rights to have member trustees to sit on its governance panels.  50% of private sector scheme have elected member trustees with statutory rights.  We have none. The local government unions are pushing for change.

Re: "Why should my pension scheme... (#25)

There should only be only one principle for the investment of these pension funds: the best return available and that should be a legal requirement on the trustees. As these funds are for index linked final salary schemes anything else leaves the burden on private economy tax payers to fund the difference.

If someone with a defined contribution wants to invest in a fund which is lower performing on ethical grounds that is their choice because it only affects their pension and nobody else is expected to make up any short fall - except in the case where their total pension puts them in to the means tested benefits levels which would be highly unlikely if they are investing in a pension fund.

Re: "Why should my pension scheme... (#36)

Sorry Simpleton, but I think you are mistaken.  The LGPS benefits have been severely cut in part due poor investment and contribution decisions, so have members jobs!  “Best advice” from Myners etc is that contributors should play an active part in investment governance (not necessarily controlling). Also, to use your logic then investments should be concentrated in repressive regimes, companies that dump their waste and cheat in order to maximise returns.  Actually there is a lot of research that companies that make the best long term profits (return for pensions) are those that have high governance standards. 

Re: Why should my pension scheme fund the Tories? (#11)

 "Employees should be more vocal about where their pension scheme is placed."
 
The employee's aren't stupid you know so long as they keep their gold plated inflation linked pension I shouldn't think they could care less where it comes from. Not everyone in this world is driven by political dogma you know, and that includes the great majority of Labour party members and Government.

Re: Why should my pension scheme fund the Tories? (#12)

Re: Why should my pension scheme fund the Tories? (#13)

I can't see how investing in the Tory party will give any kind of return to the pensioners and so it's a misuse of other peoples money.

No wonder there is such a pension shortfall.

Re: Why should my pension scheme fund the Tories? (#26)

I don't see how this is investing in the Tory party. I have read this piece and follwoed all the links and I can't find any mention that the payments came out of the pension fund rather than Fidelty's profits. In which case your only concern should be whether the fund outperforms the market or not. If it doesn't get out fast and find one that does.

If the payment did come out of the pension fund i agree and that should be made illegal.

Re: Why should my pension scheme fund the Tories? (#14)

Well, they don't use your pension money to pay the Tories, they use part of the profit that they make to pay them. You still might not agree with it, but it is different to what you suggest. All those paying into the pension fund will still get the same out regardless of whether the company's money goes to the Tories, shareholders or company coffers.

Re: Why should my pension scheme fund the Tories? (#15)

But the profit comes from the return from our money. And if they have got £415,500 to spare why not return it to their customers rather than spending it funding a political party?

I've also just found out that Fidelity pays to employ a Tory MP as a consultant on fianancial services. Clearly someone high up in Fidelity wants to channel money to the Tories, regardless of what clients think about it.

Re: Why should my pension scheme fund the Tories? (#18)

Its called capitalism, you know, the same capitalism practised by Mittal Steel & Lord Sainsbury et al.
Fidelity charge a fee for managing the funds, these fees are their profits, if they were not doing a good job the fund managers would not employ them. So far as I know its not illegal to make a profit in this country and those who benefit from those profits are FREE to spend it as they like. And long may this continue.

Re: Why should my pension scheme fund the Tories? (#21)

Nobody is arguing against capitalism or profits. This is about transparency and conflicts of interest, issues that need to be dealt with for markets to work effectively.

There is a clear conflict of interest when Fidelity is pitching for business from pension funds that have Conservative councillors as trustees. I have asked Fidelity - as a customer - if these donations are disclosed in such situations and they have declined to answer me.

In terms of transparency have asked them whether these donations will be made again in future in order that I and others can make an informed choice as to whether to stay with them or not. Again they have declined to give me a straight answer despite the fact that we are long-standing customers (7 years now).

Going further, institutional shareholders such as Fidelity get to vote on corporate political donations made by publicly-listed companies. Most investor groups like the ABI, NAPF etc oppose party political donations on principle. Yet how can we have any confidence in Fidelity to play this role effectively when it make partisan donations itself? It's another conflict of interest.

It's wrong on several levels, as I am sure you would be able to see if the donations were going to Labour.

Re: Why should my pension scheme fund the Tories? (#27)

I can see that some might be persuaded to invest through Fidelty if they feel they have made donations to their own party (I suspect that this would be the case for all parties) but isn't the answer independent trustees whose only legal remit is to get the best returns?

Re: Why should my pension scheme fund the Tories? (#29)

trustees are already supposed to act in the best interest of beneficiaries, and to be honest all the trustees I have met over the years (public or private sector and regardless of political views) take their responsibilities seriously and keep politics out of it.

and it's the service provider bringing politics into in this case - not the trustees. 

Re: Why should my pension scheme fund the Tories? (#16)

Rubbish. Profits from pension company investments are the funds for the pension payments!!!  That's the whole point of it.

Re: Why should my pension scheme fund the Tories? (#17)

this has attached to the wrong comment - it is in response to Timka

Re: Why should my pension scheme fund the Tories? (#19)

Can I suggest that people might be interested in Tom P’s new post on Labour & Capital?  Turns out that the Tory MP for Tonbridge (Fidelity’s British HQ) is a paid consultant for Fidelity.  Not sure what he advises them on? Perhaps it is on Political denotations!

Re: Why should my pension scheme fund the Tories? (#20)

Ok, some people seem confused. Its not your pension money that's funding the Tories, its Fidelity's profits. The person who siad Fidelity should put the money they make back into the pension put is utterly wrong - Fidelity are paid to provide pension management services - why should they not profit from that, just as Tesco profit from selling groceries? If you think pension and asset management shouldn't be profit-making businesses, then fine, but that's a different argument. Obviously you have thr ight to not pay someone for a service if you know that they will use that money for a cause you dislike. Now that its clear its not "your" pension money we move on to the real question. Under law, a company is obliged to act in accordance with the interests of its shareholders (that is a company's entire raison d'etre). Here is the really big question: How is it in the interests of a company's shareholders for the Tories to be in power? All but the most disingenuous Tory would agree that the question of which party being in power being in a company's interests is (except where that company is the beneficiary of bribery) something that is so subjecive and impervious to business analysis that no company director could donate money to a party and act in accordance with his shareholders' interests. Whoever authorised the Fidelity donation has given away money that rightfully belonged ultimately to Fidelity's shareholders. It is clear that NO company should be allowed to engage in political donations. Company law needs to be changed so as to make it unlawful for directors to do what Fidelity have done. If the money is so badly burning a hole in their pockets, then they shoudldonate it to charity as part of their "CSR". If company directors want to donate money to Tories, they shoudl do that in a personal capacity or get together with some buddies and form "the Asscoiation of Right-Wing Businessmen" and have that donate money (as an incorporated body ofcourse, not some shadowy unincorp). They sure as hell shouldn't give away money that belongs to shareholders.

Re: Why should my pension scheme fund the Tories? (#22)

"The person who siad Fidelity should put the money they make back into the pension put is utterly wrong"

I hope you don't mean me, since my argument is not at all that Fidelity shouldn't make a profit. My point is that they should not make partisan political donations - to ANY party.

PS Fidelity is not a listed company so doesn't have to put its donations to a shareholder vote (because there aren't any shareholders) but perversely it gets to vote on political donations made by companies that are UK-listed.

Re: Why should my pension scheme fund the Tories? (#23)

TomP - no not at all, I didn't mean you. In relation to Fidelity, I've checked and Fidelity is a US entity. In which case it sure as hell shouldn't be allowed to make donations to any political party in the UK, just as no non-UK citizen should be allowed to make donations. I stand by the argument that no UK company should be allowed to make political donations but would add that foreign incorporated entities shouldn't be allowed to make any political donations either.

Re: Why should my pension scheme fund the Tories? (#24)

As far as I am aware, the Fidelity that manages UK pension funds is a UK fund manager registered with the FSA and at Companies House in Cardiff ... it's company name is Fidelity Investment Services Ltd. 

As a company, pursuant to company law, they are required to comply with the law in relation to political donations - see section 347A and following of the Companies Act 1986.  Listing is not relevant to the law on political donations.

Fidelity manages pension funds.  The trustees of the pension funds choose the managers.  The pension funds do not make politicial donations - and it may be a breach of the trustee's duty for trustees to make political donations from them.

Fidelity also makes profits.  Out of these profits, the company can choose to do any lawful thing it wants.  If the company chooses to approve a resolution relating to a donation to a political party, and it complies with company law, the members of the company can choose to make such a donation.  That they do so does not have any impact on their actions as fund managers.  It has no impact on the funds they manage.

If the members of a particular pension fund decide that they cannot stand the fund manager's personal decsisions, they can ask the trustees of that pension fund to consider changing fund manager.  The trustees must exercise their judgment as trustees.  Irrelevant considerations could give rise to breaches of their duties ... and I can see situations where a trustee making a choice of fund manager purely on the basis of which political party that the fund manager supports being found to be in breach of his duties as trustee.

I hope that that is helpful; bear in mind that if we stop donations by individuals (whether personal or corporate) we will end up paying even more for our politics through taxes ... is that what we want?  Surely the best option is to ensure that there is complete transparency in relation to funding and if a party becomes too closely associated with an individual or a group or an organisation, it can be punished at the polls. 

Re: Why should my pension scheme fund the Tories? (#28)

"Listing is not relevant to the law on political donations"

The point was that as Fidelity is not a listed company therefore no-one (customers, shareholders) gets a say over its partisan donations. It's problematic because Fidelity itself gets to vote on political donations made by listed companies.

Most institutional shareholders oppose party political donations in principle - and its in NAPF guidelines etc - but how can we have any faith in Fidelity to take a line that is in thebest interests of its clients when it makes partisan donations itself?

 

"Irrelevant considerations could give rise to breaches of their duties ... and I can see situations where a trustee making a choice of fund manager purely on the basis of which political party that the fund manager supports being found to be in breach of his duties as trustee."  

realistically no trustee is going to sack them purely over this issue, but it's fair enough to take it into account in the selection (or retention) of a fund managers if their are other non-partisan providers of an equal competence available.

and equally a trustee could subvert their duties by selecting Fidelity because the company is a partisan Conservtaive supporter?  

so surely the bigger question is the potential conflict of interest when pitching to pension funds that have Conservative councillors on the trustee board. at the least surely Fidelity should disclose the donations in such situations and Conservative councillors should absent themselves from the selection process. fair enough? 

Re: Why should my pension scheme fund the Tories? (#30)

Company law requires any company to pass a resolution in general meeting ... that requires a vote and a simple majority of shareholders to vote in favour of the resolution - see s.347A.

So when you assert that no-one gets a say in the company's decision to make a donation, you are mistaken - unless the company is breaching the law.

Actually the political affiliation of a fund manager may well properly be considered completely irrelevant to the decision by the trustees as to which fund managers to appoint.

Trustees of pension funds generally, in my experience, take the decisions about the choice of fund manager very seriously indeed ... and using party affiliation would be the last thing on their mind.

Most trustees would declare a conflict of interest if it existed, and not vote on the issue where the conflict arose - or only vote with all other trustees knowing of the details of the potential conflict.

Re: Why should my pension scheme fund the Tories? (#31)

"Company law requires any company to pass a resolution in general meeting ... that requires a vote and a simple majority of shareholders to vote in favour of the resolution - see s.347A.

So when you assert that no-one gets a say in the company's decision to make a donation, you are mistaken - unless the company is breaching the law."

but Fidelity is not a public company and as such has no shareholders, so there isn't a vote on it. in contrast as a major shareholder (with other peoples' money) it gets to vote on donations made by public companies.  

Re: Why should my pension scheme fund the Tories? (#32)

Fidelity is a company limited by shares - those shares are owned by someone.  According to the information that I can obtain for free from Companies House the various companies referred to in the legal section of Fidelity.co.uk's website are all private limited company - so it isn't a public limited company.

Private limited companies stil have shares - unless they are limtied by guarantee (something that tends only to be used for charitable companies or companies that do not incur liabilities or trade).  All companies, whether private, limited by shares or guarantee, public, listed or otherwise have what lawyers refer to as constributories.  These contributories commonly include what the press refers to as shareholders - but which the law refers to as members ... the members of any company must comply with the law on political donations.

Company law requires a resolution to be passed by any company proposing to make a political donation.  In order to complty with that law, the members of the company must, in general meeting (which no longer has to be a phyiscal meeting in the case of a private limited company but can be dealt with on paper) approve that resolution.  As a simple rather than a special resolution, unless the memorandum and articles of association (the consitutional documents of the company) say otherwise, a simply majority is all that is required.  This means that the holders of a simply majority of the shares that vote is all that is required for the resolution to pass. 

Yes, as a registered shareholder in other companies, it has the power to vote on resolutions for those other companies.  But as a fund manager, it will not exercise those powers; the trustees of the funds in question (for whom Fidelity is only the nominee) would be expected to direct how a vote should go.  As a manager of an investment trust or open ended investment company, the position would be different - as it would not be a mere nominee for others.

Re: Why should my pension scheme fund the Tories? (#33)

If that's the case then do they have to publish results of voting at their AGM anywhere so we can see what happened?

"But as a fund manager, it will not exercise those powers; the trustees of the funds in question (for whom Fidelity is only the nominee) would be expected to direct how a vote should go".

that's not how it works in practice though. the vast majority of pension funds (and retail clients too, like me) delegate responsibility for voting their shares to their fund managers. so Fidelity will have a significant vote on political donations by public companies

Re: Why should my pension scheme fund the Tories? (#34)

Incidentally, Fidelity discloses its voting record here:

http://www.fidelity.co.uk/direct/aboutus/corporategovernance/votingrecord.html

You can see how it voted at Northern Rock fgor example pn page 222 of this file (thumbs up all round by the look of it):

http://www.fidelity.co.uk/pdfs/proxyvoting/April2007.pdf

Caledonia Investments put a proposed £60K donation to the Tories to the vote at its AGM in July last year. so if Fidelity had a holding in the trust we'll be able to see how it voted on that once they update their voting record. 

Re: Why should my pension scheme fund the Tories? (#35)

EvanProce - you're right - following a bit of googling, the Fidelity being referred to here is a UK company which appears to be a subsidiary/group member of the US Fidelity Investments. I stand by my view that corporate entities shouldn't be allowed to donate money - if frankly comes far to close to corruption and its much easier to police individuals than companies. We don't as taxpayers pay that much to parties in my view anyway.


The best way to keep costs down is to limit the amount parties are allowed to spend in elections - both nationally and on a constituency level.

Re: Why should my pension scheme fund the Tories? (#37)

Looking at Fidelity's legal info on its website, I am not sure that the UK is a subsidary ... but nothing turns on this anyway.

If we ban UK companies which have business in the UK from making donations, should not the same rules apply to other associations with members?  At present companies provide informaton about shareholders, transactions etc in publicly available information (and that applies to all types of company, whether limited by shares or guarantee and whether public or private).  Company law on political donations is strict and must be complied with and, with a little effort, it is possible for anyone to access the records that are all publicly available (through a company search).

I see how you express your concern with regard to 'corruption' but I don't see how you say the 'corruption' arises.   

It has been suggested that the pension fund trustees are also Conservative Councillors - is this correct?  Check with your pension fund and find out.  If it is, seek the minutes of the meeting at which Fidelity was chosen as the fund manager.  These minutes ought to show the reasons for the choice of manager - and I doubt that the political donations registered, let alone was a basis for the decision.  If it isn't (which I suspect is the case), then there is no evidence to support an allegation of 'corruption'.  If there are conservative councillors who are trustees, they should declare any conflict properly and the trustees collectively will decide what to do.

It has been suggested that Fidelity would vote for donations by other companies in which funds invested.  My view is that this is exceedingly unlikely.  The person with the power to vote is not the fund manager but the trustees of the fund.  It is correct to say that the trustees can properly delegate the power to the fund manager, but such delegation is usually done with instructions in relation to certain types of resolution - and others have correctly pointed out the NAPF's guidance. 

Again, from a brief (and I accept incomplete) look at the voting record of Fidelity, I can discern no votes in favour of political donations of any sort. 

The difficulty with all of this is that the more barriers we place in the way of making political donations the more political parties will come to be dependent on professional politicans and the more our politicians will be removed from the rest of us. 

The reason I joined the fray here was because of the inaccurate information being put out about shareholder votes on political donations in private limited companies.  The problem with these sorts of attacks, based on inaccurate understandings, is that they don't advance the debate one iota.

If we ended up with replacing private funding of political parties with public funding do you have any doubt that your party and mine would find reasons for an every increasing number of millions being handed to each of them?  There is enough power in the hands of the parties; what is needed is transparency in funding and the partisan attacks (by all sides) need to stop - valid attacks on, for example, the dependency of one or both parties on the funding by a small number of individuals is fine, but attacks based purely on misunderstanding, misapprehension and misrepresntation need to stop.  The only beneficiary of these last attacks are the cynics - and possibly the comics!

Re: Why should my pension scheme fund the Tories? (#38)

"It has been suggested that the pension fund trustees are also Conservative Councillors - is this correct?" 

Yes. some pension funds that employ Fidelity have Conservative councillors as trustees.


"If there are conservative councillors who are trustees, they should declare any conflict properly and the trustees collectively will decide what to do."

I agree, but I think it is extremely unliklely that this has happened.


"It has been suggested that Fidelity would vote for donations by other companies in which funds invested.  My view is that this is exceedingly unlikely. The person with the power to vote is not the fund manager but the trustees of the fund.  It is correct to say that the trustees can properly delegate the power to the fund manager, but such delegation is usually done with instructions in relation to certain types of resolution - and others have correctly pointed out the NAPF's guidance." 

Nope, in practice the overwhelming majority of pension funds delegate responsibility for all shareholder voting to their fund managers. Look at Fidelity's voting record as evidence of this - they vote on everything that goes to AGMs/EGMs, not just a subset decided upon by trustees. Most trustees have no involvement in shareholder voting. This means that Fidelity will get to vote on political donations made by companies.

Party political donations by public companies are pretty rare these day which is probably why you haven't been able to find any in Fidelity's voting record. But they are still out there. As I said Caledonia Investments put a £60K donation to the Tories to its AGM in July, so we can see how Fidelity voted on that (if they had a holding) once they update their voting record.

My personal view is that shareholders should vote against party political donations to any of the parties, and this is what the NAPF guidelines recommend.