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UK PARLIAMENT · SITTING

Pat McFadden

MP for Wolverhampton South East · Labour · United Kingdom

IN THEIR OWN WORDS

In his review Alan Milburn considered that issue and said that, “the UK’s NEET crisis is much more long-term and deep-seated than any decisions taken in the last few years.” As I said earlier, 400,000 more people are in work this year than last year, and the number of young people in employment is up since the election.

YOUTH GUARANTEE · 2026-06-29 · READ IN HANSARD

Since our last DWP questions, both Alan Milburn and the Pensions Commission have published their respective interim reports on young people and on the current state of saving for retirement. I look forward to receiving their final reports later in the year.

TOPICAL QUESTIONS · 2026-06-29 · READ IN HANSARD

As Alan Milburn pointed out in his recent report, the UK’s NEET crisis is much more long-term and deep-seated than any decisions taken in the last few years. There are 400,000 more people in work than last year. The number of young people in employment is up by 74,000 since the election.

YOUTH HUBS · 2026-06-29 · READ IN HANSARD

I thank the right hon. Gentleman and send him commiserations for whatever has left him reliant on his crutches today. I am happy to congratulate the businesses he mentioned in his constituency. He raises a serious point: it is important not only to come up with the right policy, but to make it simple for businesses to use.

YOUTH GUARANTEE · 2026-06-29 · READ IN HANSARD

My hon. Friend is right, and I thank Cardiff football club for being a partner. We are supporting nearly 1 million young people and creating up to half a million opportunities for jobs and training.

YOUTH HUBS · 2026-06-29 · READ IN HANSARD

We are making strong progress on expanding youth hubs, with around 130 already in operation across Great Britain. In March, I announced the locations that we want to open in this year, and I have just announced a further 180 locations for the following two years.

YOUTH HUBS · 2026-06-29 · READ IN HANSARD

The complete record

Every one of 5,181 lines we hold for Pat McFadden, in date order, each linked to its source. Free to read, in full, without an account. Page 31 of 104.

  1. I beg to move, That the clause be read a Second time. We are by definition entering a new world for UK financial services. Whether it is a brave new world, I do not know, but it is a new world. The measures in the Bill are a small part of that. We are onshoring EU regulations and, although we will still be part of globally agreed standards such as the Basel regime, we will have to decide what future we want in this sector. As the Minister has advised us several times, we should not see the Bill as the totality of what the Government are doing in financial services. There will be a future regulatory review, and there might even be future Bills, so this is one part of the picture. That creates difficulty for the sector, and perhaps for us, in trying to divine where we are going.

    FINANCIAL SERVICES BILL (ELEVENTH SITTING) · 2020-12-03 · READ IN HANSARD

  2. New Clause 5 Regulation of lead generators for debt advice and debt solution services “(none) In section 22 of the Financial Services and Markets Act 2000 (regulated activities), after subsection 1A insert— ‘(1AA) An activity is also a regulated activity for the purposes of this Act if it is an activity of a specified kind which is carried on by way of business and relates to— (a) effecting an introduction of an individual to a person carrying on debt advice and debt solution services, or (b) effecting an introduction of an individual to a person who carries on an activity of the kind specified in paragraph (a) by way of business.’”— (Mr McFadden.) This new clause would empower the FCA to regulate activities such as paid search and social media advertisements, including the impersonation of reputable debt management charities.

    FINANCIAL SERVICES BILL (ELEVENTH SITTING) · 2020-12-03 · READ IN HANSARD

  3. The Minister is right to refer to the Chancellor’s statement on 9 November, which was called a vision. While it touched on the green finance things the Minister mentioned, it did not touch on many of the things that I mentioned. He is also right to say that lots of reviews are going on. While it may be unfair to say that that is the problem, there is nothing that really brings them together with clarity about where we are going. I will not press the new clause to a vote today, but we may return to it, so I beg to ask leave to withdraw the clause. Clause, by leave, withdrawn.

    FINANCIAL SERVICES BILL (ELEVENTH SITTING) · 2020-12-03 · READ IN HANSARD

  4. However, if there is some reason in his folder why he cannot accept this new clause today or—hopefully this is not the case—if the optics of doing so, because it has been suggested by the Opposition, are somehow too difficult to contemplate, will he at least take the matter away and consider introducing a provision either on Report or at a further stage in the Bill’s passage? It is very much in the interests of the statutory debt repayment plans, for which he feels—I credit him for this—a big degree of personal ownership, that this regulatory loophole is closed, and that we do what we can to prevent people seeking that kind of help from being led away by unscrupulous operators on the internet. Instead, we must ensure that they are channelled to reputable advice organisations and solution providers—be it StepChange or somewhere else.

    FINANCIAL SERVICES BILL (ELEVENTH SITTING) · 2020-12-03 · READ IN HANSARD

  5. I argue that that becomes all the more important in the context of clause 32 and the establishment of statutory debt repayment plans, because the gateway to them will be through seeking advice from reputable debt advice and debt solution services. It would be entirely with the grain of the Bill, and the Government’s policy intent, to ensure that that gateway is properly regulated by the FCA. The Minister has been consistent in resisting every amendment and new clause over the past couple of weeks, and I appreciate that he has probably come armed with advice not to accept any amendments, even if they look okay, because there may be a drafting issue or something.

    FINANCIAL SERVICES BILL (ELEVENTH SITTING) · 2020-12-03 · READ IN HANSARD

  6. This is not just one of the traditional issues of having time-consuming and frustrating discussions with web providers to get them to take some responsibility for what is on their platforms; it is also a matter of regulation. The new clause proposes to close a regulatory loophole: the activity of introducing an individual to a credit provider is regulated by the FCA, but the activity of introducing an individual to a debt advice or debt solution service is not. That loophole represents a gap in the picture, and the new clause seeks to close that gap by bringing lead generators for debt advice and debt solution services clearly within the FCA’s remit. The new clause is, perhaps, about quality control. It would protect consumers from clone sites and from unscrupulous operators who would prey on their financial problems.

    FINANCIAL SERVICES BILL (ELEVENTH SITTING) · 2020-12-03 · READ IN HANSARD

  7. I beg to move, That the clause be read a Second time. This new clause is directed at reducing harm to heavily indebted people by clamping down on imposter or clone websites that might direct people away from legitimate avenues of advice without their knowledge. It was suggested to us by the charity StepChange, which reports a serious, large-scale and ongoing problem with imposter or clone sites posing either as StepChange itself or as another reputable charity and preying on vulnerable people in debt. In fact, StepChange estimates that as many as one in 10 people searching for the organisation online are inadvertently led to someone else.

    FINANCIAL SERVICES BILL (ELEVENTH SITTING) · 2020-12-03 · READ IN HANSARD

  8. (2) The FCA must make rules in accordance with subsection (1) which come into force no later than six months after the day on which this Act is passed.””— (Mr McFadden.) This new clause would introduce a duty of care for the FCA which would strengthen the FCA’s consumer protection objective and empower the FCA to introduce rules for financial services firms informed by that duty of care. Brought up, and read the First time.

    FINANCIAL SERVICES BILL (ELEVENTH SITTING) · 2020-12-03 · READ IN HANSARD

  9. I am happy to do that. I just appeal to the Minister to try to find a way that he is comfortable with of closing the loophole. I beg to ask leave to withdraw the motion. Clause, by leave, withdrawn. New Clause 6 Duty of care for financial service providers ‘(1) The Financial Services and Markets Act 2000 is amended as follows. (2) In section 1C, after subsection 2(e) insert— “(ea) the general principle that firms should not profit from exploiting a consumer’s vulnerability, behavioural biases or constrained choices;” (3) After section 137C insert— “137CA FCA general rules: duty of care (1) The power of the FCA to make general rules includes the power to introduce a duty of care owed by authorised persons to consumers in carrying out regulated activities under this Act.

    FINANCIAL SERVICES BILL (ELEVENTH SITTING) · 2020-12-03 · READ IN HANSARD

  10. They seek to prompt the question from a financial service provider, “Is this right?” rather than just, “Is this legal?” That is a helpful way of considering what difference a duty of care might make. The legal definition of a duty of care, as quoted in the FCA’s discussion document is, “an obligation to exercise reasonable care and skill when providing a product or service.” Those who favour it believe that it will help avoid conflicts of interest, too and oblige service providers to act in the customer’s best interests rather than, for example, putting the interests of the company above those of the customer it serves.

    FINANCIAL SERVICES BILL (ELEVENTH SITTING) · 2020-12-03 · READ IN HANSARD

  11. New clause 6 is about a duty of care for financial service providers and several other new clauses push in the same direction. It is fair to say that this has been under discussion for some time. A private Member’s Bill was introduced on the subject in the other place about a year ago and the FCA has been involved in a long process of ongoing discussion about it for the past two or three years. The FCA produced a paper on it in 2018 and there was a response in April last year, although it did not reach a definitive conclusion. Those who argue for a duty of care—I refer again to the charity StepChange—suggest that the current regulatory framework, even with the duty to treat customers fairly, which is part of the FCA’s current advice and regulations to providers, does not provide adequate protection for consumers.

    FINANCIAL SERVICES BILL (ELEVENTH SITTING) · 2020-12-03 · READ IN HANSARD

  12. There are a number of reasons to act: the size of the problem, the unfairness between small and large companies, consistency in the way we treat tax evasion, our desire for equivalence recognition, the signals that we want to send about the character of our post-Brexit financial regulatory system and, perhaps most of all, because it is a good thing to do. For those reasons, I hope the Minister will consider the proposals in the new clause.

    FINANCIAL SERVICES BILL (TWELFTH SITTING) · 2020-12-03 · READ IN HANSARD

  13. It is not as though we do not have an ongoing problem with money laundering and financial crime, so what are the advantages of waiting? Corporate liability is not a new or revolutionary idea; it already exists for bribery and tax evasion. HMRC has said that it “does not radically alter what is criminal, it simply focuses on who is held to account for acts contrary to the current criminal law.” The lack of such an offence was also pointed out in the Financial Action Task Force 2018 UK evaluation, which pointed out the difficulties in proving criminal intent.

    FINANCIAL SERVICES BILL (TWELFTH SITTING) · 2020-12-03 · READ IN HANSARD

  14. However, nothing in that consultation should prevent the Government from introducing a “failure to prevent” offence that could apply to small and large companies alike. Indeed, it is already implicit in the way that small companies are treated. Why should larger companies continue to be able to wield an excuse that is not available to smaller firms? When it comes to the treatment of small firms, I suspect that the Minister will hear that argument in the Chamber, if not in the Committee, from Members on his side of the House as well as on ours. Furthermore, the Law Commission may take some time. We heard oral evidence that the pace on this has been glacial. However, our transition period ends in less than a month.

    FINANCIAL SERVICES BILL (TWELFTH SITTING) · 2020-12-03 · READ IN HANSARD

  15. The Treasury Committee reported last year on how difficult it is to prosecute multinational companies, saying that “multi-national firms appear beyond the scope of legislation designed to counter economic crime. That is wrong, potentially dangerous and weakens the deterrent effect a more stringent corporate liability regime may bring.” I anticipate the Minister’s response—that he thinks there are a lot of strong points here, and that he is sympathetic to the argument, but that he wants to wait for the Law Commission consultation. I cannot remember which pot we would put that in. [ Interruption. ] If it is pot three, I will take his word for it. The focus of the Law Commission’s consultation is what is known as the identification doctrine, or what we might call the question of a directing mind.

    FINANCIAL SERVICES BILL (TWELFTH SITTING) · 2020-12-03 · READ IN HANSARD

  16. Let me return to the point about the signal that we want to send. A lot of the Bill is about onshoring EU directives. The sixth anti-money laundering directive requires EU member states to have corporate criminal liability for money laundering. Under the directive, corporate liability must include an offence that occurs owing to a lack of supervision or control by a person in a leading position in a company. We do not have that at the moment. The Bill is an opportunity to correct that. Remember, we are waiting for an equivalence decision. Do we really want our first big signal on divergence to be a departure from the rules on money laundering? Is that really the message that we want to send? However, we should not do this only because the EU is doing it. We should do it on its own merits.

    FINANCIAL SERVICES BILL (TWELFTH SITTING) · 2020-12-03 · READ IN HANSARD

  17. What would creating an offence of failure to prevent economic crime do? It would create a level playing field between small and large companies; it would send out a strong signal about the kind of financial sector that we want as we come to the end of the transition period; and it would equalise how different kinds of economic crimes are treated, because such a liability—I stress that it would be a corporate liability—already exists when it comes to, for example, bribery or tax evasion. Why should the ignorance defence be available for some offences but not for bribery or tax evasion? The Treasury would never accept it if senior members of a company said, “Oh, we didn’t know we were supposed to pay those taxes.” That would not be a legitimate defence, and yet it can be used for some other kinds of wrongdoing.

    FINANCIAL SERVICES BILL (TWELFTH SITTING) · 2020-12-03 · READ IN HANSARD

  18. I have already spoken to the Committee about the incentive to look the other way that this situation entails. It is better for a senior director of a financial institution to appear to be a fool than a knave, because the defence that they did not know what was going on is usually better for them than saying that they did know what was going on, but they did nothing about it. Not only that, but further down the chain it creates a disincentive to report wrongdoing further up the hierarchy, because doing so may mean that the ignorance defence is not available to those at the top of the hierarchy. That creates a mismatch between how small companies and large companies are treated, because small companies are assumed to have a directing mind, so that, if wrongdoing is identified, professing ignorance is not a defence for senior managers.

    FINANCIAL SERVICES BILL (TWELFTH SITTING) · 2020-12-03 · READ IN HANSARD

  19. First, there is the straightforward issue of fraud or crime—positive acts of wrongdoing—being committed. Secondly, there is the situation where breaches of the law take place in a company and it is impossible to hold the company to account because there is no duty on the company to prevent such acts in the first place. We saw that kind of thing graphically during the LIBOR scandal, which we have discussed in our proceedings. One chief executive after another—some of the highest-paid people in the world, it should be said—professed their profound shock at what their traders were doing. They knew nothing about it until they read about it in the newspapers, and they were absolutely dumbfounded at what was going on several floors below them in the same company. It worked for them: there were no corporate prosecutions in the UK.

    FINANCIAL SERVICES BILL (TWELFTH SITTING) · 2020-12-03 · READ IN HANSARD

  20. When a party has been in power for 10 years, that tends to reinforce itself, because it can become more difficult to admit that things are wrong. I should say in all candour that I am not suggesting that fraud or money laundering only started in 2010. These are big, difficult and long-term issues for all Governments, so this is not a game of gotcha. It has been a problem for a long time, and Governments and regulators have to adapt constantly to deal with it. As we have been discussing this afternoon, as the pattern of business, trade and company ownership changes, so must the law and the regulatory rulebook. There is no embarrassment in acknowledging that we have a problem with money laundering or fraud, or, indeed, in introducing changes. Doing so is a strength. The problem that the new clause deals with is twofold.

    FINANCIAL SERVICES BILL (TWELFTH SITTING) · 2020-12-03 · READ IN HANSARD

  21. I beg to move, That the clause be read a Second time. Although it is late in our proceedings, this is the first chance I have had to say what a pleasure it is to serve under your chairmanship, Ms Huq. New clause 24 introduces an offence of failing to prevent economic crime. I should make it clear that it is a corporate offence for companies. The Committee will know that we have received written evidence on this issue from Spotlight on Corruption. In previous debates, we have all agreed that money laundering and fraud are big problems for the UK, although they are difficult to quantify. As I have said, I appreciate that the Minister has very likely been advised not to accept any amendments to the Bill.

    FINANCIAL SERVICES BILL (TWELFTH SITTING) · 2020-12-03 · READ IN HANSARD

  22. (4) For the purposes of this regulation, a “retail client” means a client who is not a professional client within the meaning set out in Annex II of Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU.’— (Stephen Flynn.) This new clause seeks to give retail clients greater legal protections against the mis-selling of financial services products. Brought up, and read the First time.

    FINANCIAL SERVICES BILL (TWELFTH SITTING) · 2020-12-03 · READ IN HANSARD

  23. I am happy to withdraw the new clause today, but I suspect the Minister might meet a very similar amendment later in proceedings on the Bill. I beg to ask leave to withdraw the clause. Clause, by leave, withdrawn. New Clause 26 Legal protections for retail clients against the mis-selling of financial services ‘(1) Regulation 3 (Private Person) of the Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001 is amended as follows. (2) In paragraph 1(a), after “individual”, insert “, partnership or body corporate that is or would be classified as a retail client”. (3) In paragraph 1(b), leave out “who is not an individual”, and insert “not within the definition of paragraph 1(a)”.

    FINANCIAL SERVICES BILL (TWELFTH SITTING) · 2020-12-03 · READ IN HANSARD

  24. Friends the Members for Wallasey and for Walthamstow, who I believe both brought considerable experience and value to our proceedings. I would like to thank the Minister for his patience and forbearance. We did not set out to torture him, I promise, but I appreciate that for him, taking through a Bill like this is a substantial piece of work, and I am grateful to him for the spirit in which he responded to amendments, questions and so on as we went through. Finally, I thank the Back Benchers on the Government side. For the most part they took a rather passive approach to the proceedings. There is a mixture of experience and new MPs on that side. To the new MPs in particular I will say that I hope the last three weeks have been an important part of their learning about what it means to be a Government Back Bencher.

    FINANCIAL SERVICES BILL (TWELFTH SITTING) · 2020-12-03 · READ IN HANSARD

  25. On a point of order, Dr Huq, I would like to thank you and Mr Davies for your chairmanship during the proceedings, and the Clerks from the Public Bill Office for helping all of us with our amendments in recent weeks. I would like to thank my colleagues on the Opposition side of the Chamber; I believe we approached this in the right spirit. We set out at the beginning the way we would approach it and I think that is the way that we have carried through: trying to improve the Bill, to give it proper scrutiny and to try to point to some kind of future direction for UK financial services as we come to the end of the transition period. Some of us here are Front-Bench Members and this is part of our terms of appointment, so, with their indulgence, I would particularly like to thank my hon.

    FINANCIAL SERVICES BILL (TWELFTH SITTING) · 2020-12-03 · READ IN HANSARD

  26. If the FCA decided that equivalence recognition permission should no longer be granted to an individual firm, how would the process work? Is it something that can be withdrawn quite quickly if we think things have changed?

    FINANCIAL SERVICES BILL (NINTH SITTING) · 2020-12-01 · READ IN HANSARD

  27. It is a pleasure to serve under your chairmanship, Dr Huq. I want to ask the Minister where the clear water is. In simple terms, is this about granting equivalence recognition to individual companies from countries where we do not grant the overall country the equivalence recognition? The Minister nods, so perhaps that is what it is about. That implies that those firms might need a higher level of monitoring or observation, given that they are from countries that have not been granted equivalence recognition—presumably, we think that the regulatory system in the country in which they are based is perhaps not quite of the standard of some other countries. Will he tell us a little more about how that would work? Will there be a set of firms that the FCA keeps an extra eye on?

    FINANCIAL SERVICES BILL (NINTH SITTING) · 2020-12-01 · READ IN HANSARD

  28. We will be discussing a couple of similar clauses very soon, but it strikes me that quite a big role is envisaged for the FCA in advising the Government on equivalence recognition and regulation in other countries. It has not performed such ongoing monitoring up until now. It is quite easy to go through the Bill clause by clause, subsection by subsection, and think that each change is a nothing more than a small change here and a small change there that do not add up to much, but the impression gained is that the Bill creates a big job for the FCA. Is it properly resourced and equipped to carry out that role?

    FINANCIAL SERVICES BILL (NINTH SITTING) · 2020-12-01 · READ IN HANSARD

  29. That is important, because we grant the equivalence recognition on the basis of a view at the time that a country’s regulations have equivalent effect. However, how can we guarantee that there might not then be a process of regulatory or deregulatory change in the country that had been deemed equivalent, with consequential risks for UK consumers if—to put it in lay terms—the rules become a lot more lax in that country? Really, I am asking how this will all be monitored again in the future, and I would be grateful if the Minister has some comments on that.

    FINANCIAL SERVICES BILL (NINTH SITTING) · 2020-12-01 · READ IN HANSARD

  30. Secondly, article 4A(4) says that when considering the revocation of equivalence, “the Treasury may ask the FCA to prepare a report on the law and practice of the country” that is involved. That harks back to what I said a moment ago. Will preparing reports on the law and practice involved be a new task for the FCA? The Bill states only that the Government “may” ask the FCA, but I would have thought that if the Treasury were to consider the revocation of one of the equivalence recognitions, it would be pretty essential that the FCA be involved in that. Thirdly, there is nothing in new article 4A that requires the UK to continuously monitor the law and practice of other countries once equivalence has been granted.

    FINANCIAL SERVICES BILL (NINTH SITTING) · 2020-12-01 · READ IN HANSARD

  31. We have met the capital requirements regulation, we have met undertakings for collective investment in transferable securities, and now we meet the money market funds regulation. I have a couple of questions for the Minister on this issue. First, new article 4A(2) of the money market funds regulation says that the Treasury must be satisfied that the requirements on money market funds “have equivalent effect to the requirements imposed by this Regulation.” The key phrase here is “have equivalent effect”. That is the yardstick by which judgments will be made. How will this be assessed? What exactly will the Treasury be looking for when it makes such an assessment? How are we judging equivalent effect?

    FINANCIAL SERVICES BILL (NINTH SITTING) · 2020-12-01 · READ IN HANSARD

  32. We will talk more about money laundering shortly. Why do we not say outright that the UK should not consider any such jurisdiction as equivalent until it is no longer considered a high-risk location for money laundering? New article 48A of the regulation gives significant powers to the Treasury to impose additional requirements on third-country firms, but there are no details of what those requirements might be. Again, I would be grateful if the Minister said a bit more about that.

    FINANCIAL SERVICES BILL (NINTH SITTING) · 2020-12-01 · READ IN HANSARD

  33. I have two questions about schedule 10. The Minister has set out what it is intended to do, but I want to ask a few questions on the theme of monitoring and compliance. New paragraph 5A of article 46 of the regulation defines reverse solicitation, and therefore an exemption from the equivalence rules, as when a business is not initiated at a client’s own initiative. Is the Minister confident that this is a tight enough turn of phrase to mean that firms cannot solicit business in the UK while dodging the stricter regulations that come within such marketing activity? Secondly, and more important, new paragraph 1C of article 47 of MiFIR says that when making an equivalence determination the Treasury must take into account whether a country is classed as high risk for money laundering. Surely that is not strong enough.

    FINANCIAL SERVICES BILL (NINTH SITTING) · 2020-12-01 · READ IN HANSARD

  34. I think the Minister is getting to the heart of it. I asked detailed questions, but at the core of them is this one: is there a policy intent in these little changes of words, when we transpose the regulation, to have a loosening in some way, or are those little changes almost incidental—with no policy intention to have a less rigorous regime than MiFIR proper would apply to money laundering, recognition or any of the other things that I asked about?

    FINANCIAL SERVICES BILL (NINTH SITTING) · 2020-12-01 · READ IN HANSARD

  35. Therefore, can the Minister at least—he will hear this more than once today—talk to colleagues in BEIS to encourage a parallel approach with Companies House? It seems to me that what is being done in clause 28 is sensible, but it is only part of the picture of clamping down on illegal activity.

    FINANCIAL SERVICES BILL (NINTH SITTING) · 2020-12-01 · READ IN HANSARD

  36. However, this does prompt a question: if 59,000 companies are regulated by the FCA and some 4 million to 5 million are registered with Companies House—we will come on to this under other clauses shortly—surely the process that the Minister has just outlined for clause 28 and schedule 11 should apply to companies there, if we find that they are simply paper organisations that may be designed as much to deceive as to actually carry out any business. Where they are engaged in activities that they should not be, they should be taken off the register, too, but that would of course imply a change in job description for Companies House. It has traditionally regarded itself more as a register and library rather than a real regulator or what might be called a partner in law enforcement.

    FINANCIAL SERVICES BILL (NINTH SITTING) · 2020-12-01 · READ IN HANSARD

  37. I suspect that I am going to follow up on the question from the hon. Member for Glasgow Central. As the Minister has explained, the problem that this clause and schedule are intended to resolve is dormant companies that no longer do the things that they were doing when originally registered with the FCA. Regulation is sometimes described as a needle-in-a-haystack problem, because there are so many companies and there is so much going on. Okay, it is not a massive number; it is 300 or 400 among 59,000 companies, but if we can strip those out, we make the job of the regulator that little bit easier because it is monitoring fewer companies and there is less danger of the cloning activity that the Minister described.

    FINANCIAL SERVICES BILL (NINTH SITTING) · 2020-12-01 · READ IN HANSARD

  38. Will he make sure that the increased sentences are matched by the resources that the regulators need and, probably more importantly, by other changes in their powers or the regulatory system or the legal basis? That will ensure that more cases are brought to some sort of action at the end and that we do not carry on with such a huge contrast between the number of investigations launched and the small number resulting in a fine or prosecution.

    FINANCIAL SERVICES BILL (NINTH SITTING) · 2020-12-01 · READ IN HANSARD

  39. They might set up a company to trade, and register it either here or somewhere else, which would make the paper trail all the more difficult for the regulator to follow. They might try all sorts of things to blow the regulator off the scent. There is no problem with increasing the sentence from seven to 10 years, but it strikes me the relevant provisions of the Bill might be too narrow in scope for the problem that we are dealing with. It would be a big mistake to think that approving the clause is job done on insider dealing, and we can tick the box, thinking it will make a big difference. The low rate of prosecutions suggests that there is a need for a much deeper look under the bonnet. Does the Minister accept that general premise, and will he undertake to carry out that deeper look?

    FINANCIAL SERVICES BILL (NINTH SITTING) · 2020-12-01 · READ IN HANSARD

  40. However, only 15 resulted in financial penalties or fines. There are few prosecutions and few fines. Why does the Minister think so few of those 600-plus investigations lead to any kind of punishment? Can we conclude that, after all, there is little insider dealing and only a handful of people do it? Alternatively, would the conclusion be that there are flaws in the investigatory process or, perhaps, resource issues that make it difficult to pursue a case to an unquestionable conclusion? We should acknowledge that the regulator’s task is difficult, because the people doing insider dealing will be clever, and will take every step they can to cover their tracks. For example, they might not trade in their own name. They might trade in a relative’s name.

    FINANCIAL SERVICES BILL (NINTH SITTING) · 2020-12-01 · READ IN HANSARD

  41. The clause before us increases the penalty for insider dealing, and I do not think any Opposition members of the Committee will have a problem with that. The obvious point to make is that sentencing is effective only if there is a reasonable chance that someone will get caught, and if there is a proper and effective system of enforcement of the rules, as well as an overall regulatory system that properly polices such activity. The Financial Times reported last year that the FCA had prosecuted only eight cases of insider dealing, securing just 12 convictions over a five-year period between 2013 and 2018. There is a big contrast between the prosecutions and the investigations, because the same newspaper, reporting on the figures ending in March this year, said that there were a relatively high number of ongoing investigations—more than 600.

    FINANCIAL SERVICES BILL (NINTH SITTING) · 2020-12-01 · READ IN HANSARD

  42. Something between three and four a year, which is hardly the sign of a system that is working, unless we think that only three or four people a year are doing insider dealing. However, for those who do not believe that, and who believe that hundreds of investigations go on but only three or four people are prosecuted a year, that illustrates the point that increasing the sentencing alone will not deal with this problem.

    FINANCIAL SERVICES BILL (NINTH SITTING) · 2020-12-01 · READ IN HANSARD

  43. Sometimes, when I look at this Bill and all the different things it attempts to deal with, I have an image in my head of somebody cleaning out a cupboard in the Treasury, finding lots of policy things and looking for a legislative truck on which they can be loaded.

    FINANCIAL SERVICES BILL (NINTH SITTING) · 2020-12-01 · READ IN HANSARD

  44. Reference has also been made to the draft Registration of Overseas Entities Bill, and I would be grateful if the Minister could update us on where we are with that, because that is another important piece of this jigsaw. As I said, since the Russia report, we have had the FinCEN files, which once again place a number of British financial institutions at the centre of further allegations of money laundering.

    FINANCIAL SERVICES BILL (NINTH SITTING) · 2020-12-01 · READ IN HANSARD

  45. That report exposed the weaknesses in unexplained wealth orders and, in particular, their applicability to people who may have been here for some time and invested in property. Property is at the heart of clause 31, because it is through investment in property that those who may not have come by their money legitimately can cleanse their property and say that their wealth is explained, after all. In evidence to the Intelligence and Security Committee’s inquiry, the National Crime Agency called for amendments to the Sanctions and Anti-Money Laundering Act 2018, specifically using serious and organised crime as a justification for sanctions.

    FINANCIAL SERVICES BILL (NINTH SITTING) · 2020-12-01 · READ IN HANSARD

  46. A big hole has been identified in them, but they are also a recognition of the scale of the problem and that we cannot adequately crack down on the big money laundering problem unless we do something about Companies House, too. Global Witness, a charity that the hon. Member for Glasgow Central referred to, estimates that more than 336,000 companies have not disclosed their beneficial owner. It also found that 2,000 company owners had been disqualified directors. The September proposals are a start, but what more can the Minister tell us about how they will be taken forward? I have mentioned the Treasury Committee, but we also have the Intelligence and Security Committee’s report on Russia, which referred to “the London laundromat”.

    FINANCIAL SERVICES BILL (NINTH SITTING) · 2020-12-01 · READ IN HANSARD

  47. The scope of the power and how it will be operationalised remain subject to future consultation, so we do not really know how far it will go in allowing the Companies House registrar to probe what they are being told when people come along to register a company. Thirdly, the proposals about data sharing are welcome, including for bulk data sharing between Companies House and other public sector datasets. The reason that they are important relates to what I asked earlier about the job description of Companies House: is it a register, or is it an organisation that sees itself like any kind of regulator? The Government proposals are stark.

    FINANCIAL SERVICES BILL (NINTH SITTING) · 2020-12-01 · READ IN HANSARD

  48. The proposal will apply only to those incorporating companies directly with Companies House, rather than to the estimated 60% that choose to incorporate via third-party agents. It is a good measure, but it applies only to the minority of companies that register with Companies House. The second proposal is to give the registrar and CEO of Companies House the power to query information. Up until now, the registrar has had no legal power to do that and has had to accept all information on trust. It is simply astonishing that that has been the case up until now, given that they hold a register of 4 million companies.

    FINANCIAL SERVICES BILL (NINTH SITTING) · 2020-12-01 · READ IN HANSARD

  49. Member for Old Bexley and Sidcup (James Brokenshire), said that those changes would make it easier “to crack down on dirty money and financial exploitation, to protect our security and prosperity.” That is all good, but the Royal United Services Institute, a respected think-tank, had a look at the Government announcements and tested them against the problem, noting also that 3,000 potentially suspicious UK company structures were cited in what was leaked from the recent Financial Crimes Enforcement Network files. Let us look at the proposals, starting with mandatory ID verification for the directors of companies or persons of significant control. It would be good if that is done, but there is a big, gaping loophole in it.

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  50. The Government have to some degree recognised that. In September, just before this Bill was published, the Department for Business, Energy and Industrial Strategy in September made an announcement, in which it recognised the problem with the current structure of Companies House and proposed some changes. The three most important proposals were compulsory identity verification, which has not been happening up until now, a greater power to query false information, and powers on data. The Minister for Security, the right hon.

    FINANCIAL SERVICES BILL (NINTH SITTING) · 2020-12-01 · READ IN HANSARD