STRATEGYMonths to result83% confidence

The Collective Action Backstop

Use a dormant statutory power to break industry coordination failures without exercising it

Problem it solves

race-to-the-bottom dynamics

Best for

Regulators, industry bodies, and policy designers facing a 'race to the bottom' coordination failure

Not ideal for

Markets where the regulator lacks credible enforcement or where firms genuinely disagree on the goal

Overview

Why this framework exists

Bell describes a recurring pattern: an industry privately agrees a change is in customers' interests, but no firm will move first because doing so raises costs and lets cheaper rivals undercut them on price. This is a classic collective action problem. His framework is to legislate a backstop power — a statutory ability to compel the change — but commit to not using it as long as the industry delivers itself.

The backstop's job is not to be exercised. Its job is to change the payoff matrix so the cooperative outcome becomes the default. Each firm now knows that if it free-rides, the regulator can force compliance anyway, so the incentive to undercut disappears. The industry hits its own published target voluntarily, and the power expires unused.

The move only works if three conditions hold: there's genuine private agreement that the change is right; there's a verifiable, near-term deadline; and the backstop has a sunset clause so it cannot be repurposed for a future government's pet projects.

Core principles

5 total
  1. If everyone privately agrees and nobody moves, it's a coordination failure, not a disagreement.
  2. The credible threat of compulsion is more valuable than compulsion itself.
  3. A backstop without a sunset becomes a future tool for capture.
  4. Industry-set targets work better than regulator-set targets — the legitimacy is owned by the firms.
  5. The buyer (employer) optimising for fee instead of return is the structural cause; the backstop neutralises it.

Steps

6 steps
  1. Verify the private consensus
    Before legislating anything, confirm in private conversations that the major firms actually agree the change is in customer interest. If they don't, this is a substantive disagreement, not a coordination problem, and the framework doesn't apply.
    WarningIf you skip this step, the backstop becomes a hostile mandate — it will be fought, not embraced.
  2. Get the industry to publish its own target
    Industry-set numbers (Mansion House: 10% / 5% by 2030) are far more durable than regulator-set ones. The firms own the commitment publicly, and the backstop merely enforces what they themselves promised.
    Pro tipLet the industry pick the percentage and the deadline. You only legislate the enforcement mechanism.
  3. Legislate a narrow, defined backstop
    Define the power tightly to a measurable target (% of qualifying assets), not to specific projects. Bell is explicit: 'this power does not allow a government to say, I want this money to go into this pet project.'
    WarningLoose definitions will be repurposed by future governments. Tight scope is the entire safety mechanism.
  4. Attach a sunset clause
    The power must expire on a fixed date — Bell's expires in the early 2030s once the target window closes. This prevents the tool from outliving its purpose and becoming a permanent intervention lever.
    WarningNo sunset = this is mandation, not a backstop. Be honest about which one you're doing.
  5. Pair the threat with supply-side action
    If you're asking pension funds to invest in domestic infrastructure, you must also clear planning, build the pipeline, and unblock projects. Bell pairs mandation talk with reservoirs, grid, solar approvals — without the supply, the threat is hollow.
  6. Communicate the threat clearly, then go quiet
    Once legislated, name the backstop publicly so it's priced into firm behaviour, then stop talking about exercising it. The signal works only if firms believe non-compliance is uncomfortable but compliance is unremarkable.

Checklist

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Examples

3 cases
Mansion House Compact + Pension Schemes Bill 2025

UK pension providers signed a voluntary 10% / 5% target. Bell's bill adds a backstop power that activates only if industry misses the 2030 deadline, then lapses.

OutcomeBell's bet: 'I don't think I'm going to need to use that power.' The threat reshapes the payoff matrix without being exercised.
Australian and Canadian pension home bias

Both invest more in private and domestic assets than UK funds, partly because of historical industry coordination and supply-side public investment. Bell uses them as proof the cooperative outcome is achievable.

OutcomeDemonstrates that the gap is coordination failure, not market failure — supports the backstop framing.
Employer fee obsession

Employers picking pension providers shop on lowest fee, not member returns. This rewards firms that stay in passive global trackers and punishes anyone who builds private-asset capability — the structural collective action problem.

OutcomeConfirms why no individual firm can break first without a backstop changing the payoffs.

Common mistakes

4 traps
Calling it mandation when it's actually a backstop
Bell is rigorous about language: 'None of this is about requirements.' Conflating the two destroys the trust needed for the industry to self-deliver.
Skipping the sunset clause
A backstop without expiry is just a delayed mandate. Future governments will use it for unrelated political objectives, undermining the whole legitimacy of the original deal.
Defining the target by project rather than by category
If the law lets a minister direct money to a specific scheme, fiduciary duty is breached. The category-level definition (private assets, UK qualifying assets) preserves trustee discretion.
Not building the supply side
Mandating capital with nothing to invest in produces inflated valuations or zero compliance. Bell pairs the backstop with planning reform, grid investment, reservoirs.

Origin story

How this framework came to be

The framework emerged from the UK pension fund mandation debate. Industry signed the Mansion House Compact agreeing to invest 10% of default funds in private assets and 5% in UK assets. But in private, providers told Bell they had a collective action problem — moving first would lose them business to cheaper rivals serving fee-obsessed employers. Bell's response was to legislate a reserve mandation power in the Pension Schemes Bill that activates only if the 2030 industry target isn't met, then lapses regardless.

Source

Traced to primary
Source · PODCAST
The Government's Plan to Change Your Pension
Torsten Bell MP · 2025
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