National Insurance Contributions (Employer Pensions Contributions) Bill Committee: Amendment 5

Wednesday, 21 January 2026 · Division No. 414 · Commons

191Ayes
326Noes
Defeated

132 MPs did not vote

rightGovernment defeatedPro Pension Saving Incentives(Yes)Anti Tax Relief Cap(Yes)Pro Low Earner Protection(Yes)Fiscal Consolidation(No)

Voting Yes means

Support protecting basic rate taxpayers from the £2,000 pension contributions cap, arguing the cap unfairly burdens ordinary workers and discourages long-term pension saving

Voting No means

Oppose the exemption, defending the government's Bill as introduced and applying the £2,000 cap to all taxpayers regardless of income tax rate

Parliament voted on Amendment 5 to the National Insurance Contributions (Employer Pensions Contributions) Bill during its Committee stage on 21 January 2026. The amendment, moved by Conservative shadow minister Mark Garnier, proposed that the bill's £2,000 annual cap on tax-free salary sacrifice pension contributions should only apply to higher and additional rate taxpayers, thereby exempting basic rate taxpayers in England, Wales and Scotland from the cap entirely. The amendment was defeated by 326 votes to 191.

The bill as written creates a power to apply employer and employee national insurance contributions on salary sacrifice pension contributions above £2,000 per year, taking effect from April 2029. Salary sacrifice is an arrangement where employees give up part of their salary in exchange for employer pension contributions, reducing the national insurance they pay. The government argues the cost to the Treasury of these schemes was set to nearly treble by 2030, rising from £2.8 billion in 2017 to around £8 billion. Had Amendment 5 passed, basic rate taxpayers would have retained full access to salary sacrifice arrangements regardless of contribution size, narrowing the fiscal impact of the reform considerably.

The vote divided along near-perfect party lines. All Labour and Labour and Co-operative MPs voted against the amendment, providing the government's majority. Every Conservative, Liberal Democrat, Scottish National Party, Democratic Unionist Party, Plaid Cymru and Reform UK MP who voted supported it, alongside most independents. There were no notable rebels on either side. The defeat of this amendment was consistent with subsequent votes in March 2026, when the government also moved to reject several Lords amendments to the same bill, suggesting the legislation continued to face significant opposition in the upper chamber even after passing the Commons.

How They Voted

Government position: No

Labour PartyWhipped No
0 Aye/291 No
Conservative and Unionist PartyWhipped Aye
97 Aye/0 No
Liberal DemocratsWhipped Aye
67 Aye/0 No
Labour and Co-operative PartyWhipped No
0 Aye/31 No
Scottish National PartyWhipped Aye
8 Aye/0 No
Independent
5 Aye/2 No
Democratic Unionist PartyWhipped Aye
5 Aye/0 No
Reform UKWhipped Aye
4 Aye/0 No
Plaid CymruWhipped Aye
4 Aye/0 No
Traditional Unionist Voice
1 Aye/0 No
Ulster Unionist Party
1 Aye/0 No
Your Party
0 Aye/1 No

What They Said in the Debate

Mark Garnier

Conservative · Wyre Forest

Opposed

Opposes the Bill as regressive, harming lower earners and graduates disproportionately; argues the £2,000 cap should exempt basic rate taxpayers and be indexed to inflation.

Voted Aye

Charlie Maynard

Liberal Democrat · Witney

Opposed

Opposes the Bill, citing lack of impact assessments, burden on small businesses, and disincentive to pension saving; supports amendment requiring publication of lifetime pension value impacts.

Voted Aye

Jim Shannon

Democratic Unionist Party · Strangford

Opposed

Agrees with Conservative criticism that the Bill attacks younger people and families; views it as harmful to those with aspirations for the future.

Voted Aye

Sir Ashley Fox

Conservative · Bridgwater

Opposed

Challenges the Minister on the inequity of the cap, questioning how withdrawing 17% relief from basic rate taxpayers with student loans is pragmatic.

Voted Aye

Torsten Bell

Labour · Swansea West

Supportive

Supports the Bill as pragmatic and necessary reform to control salary sacrifice costs rising from £2.8bn to £8bn by 2030; defends the £2,000 cap as affecting only 5% of lower earners.

Voted No

Chris Vince

Labour · Harlow

Supportive

Supports the Bill; emphasizes need to address cost-of-living crisis and that many constituents cannot afford pensions; agrees the salary sacrifice cost is unsustainable.

Voted No

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