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UK PARLIAMENT · SITTING

Dame Harriett Baldwin

MP for West Worcestershire · Conservative · United Kingdom

IN THEIR OWN WORDS

I welcome the Chancellor to his new role. I paid close attention yesterday to the long speech he made to reset the narrative and drive growth Britain. In paying tribute to his predecessor, will he recognise that she left the highest tax burden on record? Instead of postponing the words he could utter to my hon.

ECONOMIC GROWTH · 2026-09-08 · READ IN HANSARD

I welcome the new Prime Minister to the Dispatch Box. I note that in his statement he referred to the biggest issues facing the country as being “the economy and the cost of living crisis”. Will he accept that one of the things that has damaged our economy and caused prices to be higher is the tax-and-spend Budget in November 2024?

DIRECTION OF GOVERNMENT · 2026-09-01 · READ IN HANSARD

Could the Leader of the House make a commitment that the new Chancellor of the Exchequer will come to the House on the first day we are back from recess?

BUSINESS OF THE HOUSE · 2026-07-16 · READ IN HANSARD

With a stroke of his Whitehall pen, the Secretary of State has just abolished Malvern Hills district council, Worcester city council, wonderful Wychavon district council and Worcestershire county council. He said in his statement that this is about making “real improvements to people’s lives and…communities”.

LOCAL GOVERNMENT REORGANISATION · 2026-07-16 · READ IN HANSARD

In recent weeks in West Worcestershire, I have met local police and the police and crime commissioner; the police and crime commissioner is being abolished, and the police are being reorganised. I have met the local health commissioners; they are being reorganised, and Healthwatch is being abolished.

LOCAL GOVERNMENT REORGANISATION · 2026-07-13 · READ IN HANSARD

Will the Leader of the House confirm that, given that the other place is sitting next week, there is nothing to stop him tabling a business statement to enable this House to sit next week? Given the enormity of the events happening in the Government next week, does he not think that would be a good idea?

BUSINESS OF THE HOUSE · 2026-07-13 · READ IN HANSARD

The complete record

Every one of 3,832 lines we hold for Dame Harriett Baldwin, in date order, each linked to its source. Free to read, in full, without an account. Page 52 of 77.

  1. In our view, it would be entirely appropriate for people who are appointed to these important functions to have extensive experience of a relevant institution. Therefore, I do not think that the hon. Gentleman is right to talk about “cosiness”; he ought to be saying how important it is to have experience and wisdom in the statutory framework that we are discussing. Without more ado, I hope that my points on the amendment and the clause have been sufficient to satisfy the hon. Gentleman. I am very grateful for his probing amendments. I hope I have been able to address the concerns and that the clause may stand part of the Bill.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  2. I hope that he is not alluding to any specific conflict of interest, because that would be inappropriate in terms of impugning Mr Bailey’s integrity. The hon. Gentleman mentioned a “cosy” relationship. There were a lot of allegations relating to the fact that many individuals involved have worked with, and have experience of, other organisations. However, that is where the operational independence, structure and framework of statutory duties and responsibilities, as set out by Parliament, is so important. FSMA, for example, made it clear that the terms of all appointments have to ensure that the appointee cannot be directed by the Treasury or any other person, including the Bank. When we make appointments, we consider the appointee’s current and previous background—of course we do —including any material conflicts.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  3. We need to retain flexibility about the best way of informing the House. For example, the updated recommendations might be issued as part of the Budget statement. In that case, it would be more appropriate and efficient for the House to be informed of the new recommendations in the Budget speech, as has happened when the FPC remit letter is updated at that time. The hon. Gentleman raised a few other points, and it might be helpful if I respond to them. Without criticising Mr Andrew Bailey in any way, the hon. Gentleman did imply that he thought he was doing too much. However, I can assure the hon. Gentleman that Mr Bailey will stop being the chief executive of the PRA on the day he moves over to be chief executive of the FCA. The hon. Gentleman referred to conflicts.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  4. The remit letters themselves form an important element of transparency, and they provide a transparent and formal means of conveying Government economic policy to the regulators, so it is an important part of the provision that the Treasury must publish its recommendations and lay a copy before both Houses of Parliament. These probing amendments have been useful to confirm how the process will work. I assure members of the Committee that I cannot foresee any circumstances in which the notification for either regulator would not be published and laid before Parliament within a month. I am happy to commit the Government to that practice. I am not going quite as far as accepting the hon. Gentleman’s amendment, but I am happy to commit the Government on the record to that practice. I hope my assurance will be sufficient.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  5. I have outlined some of the things that the Government put in their remit letter, which is not binding on the organisation but provides important context for what the Government, elected by the British people, want to focus on. Let me now turn to the amendments. Amendment 37 would require the Treasury to publish the recommendations it makes to the FCA within one month, and amendment 38 would require the notice laid before Parliament to be accompanied by a statement to each House. The amendments raise the important issue of transparency, which is at the heart of the Government’s proposals for these remit letters.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  6. Clause 19 provides a further step to ensure that regulators fully consider the particular issues that relate to mutual institutions and other forms of business across all their work. It highlights the role of mutual financial institutions in the UK’s evolving financial services marketplace and ensures that, where appropriate, the specific challenges that the mutuals sector faces are taken into consideration when the regulators are discharging their general objectives.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  7. We are building on previous action that the Government have taken to support the sector, including: carving out the building societies from the Independent Commission on Banking ring-fencing regulations; increasing the maximum interest rates that credit unions may charge on loans from 2% to 3% a month; spending £38 million in the credit union sector through the Department for Work and Pensions credit union expansion project; and ensuring that universal credit and pensions payments may be paid into a credit union account. Moreover, Government support for the Mutuals’ Deferred Shares Act 2015, which received Royal Assent in March 2015, underlined our commitment to fostering growth and competition in the sector by seeking to address mutual insurers’ inability to access external capital without the need to demutualise.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  8. The clause makes it clear that both regulators must take into account the differences between the varying forms of business organisation adopted by firms, including —importantly—mutual societies, where appropriate whenever they are discharging their general functions. I hope that introducing the clause, which puts consideration of mutuality and other types of business organisation into the regulators’ guiding principles, provides reassurance that the Government strongly support a diverse financial services sector and the part that mutuals play in achieving that.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  9. The clause shows how valuable it can be for Ministers to have their Bill start in the House of Lords, given that we often find that we benefit from their insights as the Bill proceeds through the other place, particularly on subjects on which their lordships have so much wisdom. The clause amends the general regulatory principles that apply to both the Financial Conduct Authority and the Prudential Regulation Authority. That is a direct way of ensuring that the regulators fully consider the differences between types of business, including—importantly—mutual institutions, across the breadth of work that they undertake, when it is appropriate to do so.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  10. Clause 20 Extension of relevant authorised persons regime to all authorised persons Question proposed, That the clause stand part of the Bill.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  11. He will also be aware of the importance of the peer-to-peer sector in providing community finance across the country, and what we are doing to encourage that. There is a range of different things and he highlighted some of them. Interestingly, he mentioned a review. I am not convinced by that idea, based on the fact that in the 13 years of Labour government there were 20 reviews into competition in banking, but only one new bank was set up. In the previous Parliament, eight firms got banking licences, and we have set ourselves the ambitious goal of 15 new firms to get banking licences during the course of this Parliament. That is something we are very focused on and I appreciated the hon. Gentleman’s comments on that. Question put and agreed to. Clause 19 accordingly ordered to stand part of the Bill.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  12. I will respond briefly because we are now in an area where harmony is breaking out. I welcome the hon. Gentleman’s comments on diversity in the financial sector and the points he made about community finance. That is something we feel strongly about. He mentioned some of the aspects such as the challenger bank agenda. He did not mention the new bank unit that has just been set up between the FCA and the PRA, shortly to be the PRC. The hon. Gentleman did mention the importance of affordable financial tools. We have set up the financial advice market review, which is designed to make advice more affordable and accessible. He also mentioned FinTech, and we are enthusiastic about ensuring that the UK remains the best place in the world to locate a FinTech business. We are seeing a dramatic growth in that sector at the moment.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  13. Indeed, the review noted that extending the senior managers and certification regime would emphasise the personal responsibility of individuals working in all firms to observe proper standards of market conduct. The application of the senior managers and certification regime to all authorised financial services firms will bring in a stronger, more comprehensive regime across the financial services industry. It will enable the effective and efficient regulation of groups with a variety of financial services firms within them, and it will support a level playing field for competition. Therefore, extending the senior managers and certification regime to all authorised firms is covered by clause 20.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  14. It is important to recognise, however, that the activities of firms outside the banking sector can pose significant risks to market integrity or to good outcomes for consumers, and the Parliamentary Commission on Banking Standards expected that the deficiencies of the approved persons regime would not be confined to the banking sector. Consequently, the Government have decided to extend the senior managers and certification regime to all authorised financial services firms in all sectors of the financial services industry. This action is also supported by the recommendations of the fair and effective markets review, which argued that misconduct in fixed-income currency and commodity markets had not been limited to banks.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  15. This regime requires the regulatory pre-approval of individuals at the top of the firm, along with statements of responsibility setting out the areas of the firm’s business for which they are responsible. It also requires certification for other key individuals upon hiring, and thereafter annually. This new regime represents a significant strengthening of personal accountability among the top senior management in firms. It will improve corporate governance, thereby advancing the safety and soundness of regulated firms. It also provides a more effective and proportionate means to raise the standards of conduct of key staff more broadly, supported by robust enforcement powers for the regulators.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  16. In fact, it called it a “complex and confused mess”. Specifically, the commission criticised the approved persons regime for being mostly “an initial gateway to taking up a post, rather than serving as a system through which the regulators can ensure the continuing exercise of individual responsibility at the most senior levels within banks”. In addition, the commission noted that there was a lack of clarity around the responsibilities of individuals at the senior level, and that institutions did not take enough responsibility for the fitness and propriety of their own staff at more junior levels. It is clear, therefore, that the approved persons regime is not fit for purpose. It is being replaced from March by the senior manager and certification regime for firms in the banking sector.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  17. Under that regime, authorised financial services firms may not employ a person to perform “controlled functions”, by which is meant functions specified by the Prudential Regulation Authority or the Financial Conduct Authority in their rules, unless that person has been approved by the appropriate regulator following an application by the firm concerned. The financial crisis in 2007-08 and more recent events have highlighted concerns about the performance and behaviour of many of the individuals working in the financial services industry. It is clear that the approved persons regime has not been a successful way of regulating individuals working in the industry. As the Parliamentary Commission on Banking Standards argued, the regime is too broad and insufficiently focused on senior management.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  18. I fear that the harmony in the Committee might diminish with clause 20, which introduces schedule 4, making provisions to extend the senior managers and certification regime across the financial services industry to all authorised firms, replacing the discredited approved persons regime. Before setting out the reasoning for that, it is worth outlining the history and development of the senior managers and certification regime. Currently, individuals who work in the financial services industry are regulated through the approved persons regime.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  19. It also makes a small number of consequential amendments to the Financial Services (Banking Reform) Act 2013. Clause 21 gives the regulators expanded powers to include transitional provisions in their rules when they make rules that create new controlled functions or change the definition of an existing controlled function. They will need those powers when they specify the new senior management functions that will form the basis for rolling out the senior managers and certification regime to all authorised persons. Clause 21 also gives the Treasury a power to make any additional provision needed in connection with those rule changes through regulations.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  20. The group of provisions we are considering cover, in a number of clauses and in one schedule, changes to the senior managers and certification regime, as well as amendments tabled to the provisions relating specifically to the replacement of the reverse burden of proof with the statutory duty of responsibility. I will explain briefly the purposes of the provisions in the group before addressing the amendments tabled by Opposition Members and trying to respond to points raised by the hon. Member for Wolverhampton South West. Schedule 4 makes detailed technical changes to the Financial Services and Markets Act 2000 that are needed to extend the senior managers and certification regime to cover all authorised financial services firms, including removing the definition of a relevant authorised person.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  21. For example, we have introduced a new criminal offence to ensure that criminal penalties, including imprisonment, can be imposed upon people who manipulate key financial benchmarks such as LIBOR. We have brought in the toughest rules of any major financial centre when it comes to clawing back bank bonuses. Bringing in the senior managers and certification regime for the whole financial sector, which I remind the Committee includes a duty of responsibility to cover all financial services firms, is a very important strengthening of the failed and lacklustre approved persons regime. We are also bringing in new criminal offences so that criminal penalties can be imposed on senior managers whose reckless misconduct in managing a bank results in that bank’s failure.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  22. It is important that I take this opportunity to send a strong signal on financial services. The financial services sector is vital to the strength and health of the UK economy. We have seen what the opposite looks like, and we know we do not want that to happen again. I emphasise that we are very committed to effective, strong regulation of financial services, to ensure financial stability, market integrity and strong protection for consumers. There can be no more important element of that regulation than the surrounding conduct. Conduct, and responsibility for conduct, are vital to the financial services sector. I welcome this opportunity to send that strong signal. I also reiterate, for the Committee’s benefit, that we have done a number of other things outside the scope of the Bill.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  23. We think it could lead to a perverse outcome, leaving senior managers in the largest firms less exposed to legal risk under the reverse burden of proof than those in small firms. I have spoken at length about the clauses and set out why I strongly disagree with the Opposition’s amendments. I hope I have convinced everyone of the merits of my argument. I ask the Committee to oppose the amendments and accept the clauses. Ordered, That the debate be now adjourned.— (Sarah Newton.)

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  24. The Government are rolling out the senior managers regime to all authorised firms, including the fixed-income currency and commodities market. In the light of that extension of the regime, we must consider whether it is appropriate to apply the reverse burden of proof to every single firm in the financial services regulated sector, given how rigorous the regime is. I sense you are getting slightly restless, Mr Brady, but I am nearing the end of my remarks. Amendments 34 and 35 would apply the reverse burden of proof to all authorised persons, the vast majority of which are small firms. It would be simply disproportionate to apply it to senior managers in all of those firms. I have spoken about the overly legalistic approach.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  25. What matters is whether they took reasonable steps to prevent the breach. If they did not, they are guilty of misconduct. They will not be able to avoid liability simply because the email trail has gone cold. Removing the reverse burden of proof does not change the penalties that can be applied. If found guilty of misconduct under the statutory duty of responsibility, a senior manager will face an unlimited fine or prohibition from working in the industry. As the chief executive officer of the Prudential Regulation Authority, Andrew Bailey, said, introducing the statutory duty of responsibility instead of the reverse burden of proof “makes little difference to the substance to the new regime…This change is one of process”.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  26. Each bank will have to submit to the regulators a responsibilities map, which will set out how responsibility for the business of the firm as a whole is allocated and minimise the risk of any responsibilities falling through the cracks between different senior managers. The new regime places tough obligations on senior managers to act responsibly, and imposes stringent penalties if they fail to do so. For example, under the duty, a senior manager can be found guilty of misconduct by the regulator if a breach of regulation occurs in the area of the firm’s business for which they are responsible and they did not take reasonable steps to avoid the contravention. It does not matter whether they were aware of the regulatory breach. As in the example that the hon. Gentleman raised earlier, ignorance is not a defence.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  27. We believe that the senior managers and certification regime clarifies the responsibilities of individual senior managers, which is something that any effective regulatory regime must deliver. Moreover, it will deter senior managers from taking a reckless or negligent approach to managing their responsibilities in the first place. I know that the whole Committee will agree with that. The duty of responsibility is a powerful incentive that encourages senior managers to take effective action to prevent such failings. I have already set out how the new regime will deliver a step change in senior manager accountability. Regulators and firms will have the necessary clarity about who is responsible for what, and there will be no wriggling off the hook. Senior managers will need to take full ownership of their respective areas of responsibility.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  28. Amendment 33 would allow the definition of the “relevant authorised persons” to remain in the Financial Services and Markets Act, which would be needed for amendments 31 and 32 to work as intended. Amendments 34 and 35 would apply the reverse burden of proof to all authorised persons across the entire industry. I will address the specific problems that each amendment would cause. It is important that the Committee understands that the reverse burden of proof is simply not necessary to embed senior manager accountability in the senior managers and certification regime. The Parliamentary Commission on Banking Standards clearly established that the approved persons regime was wholly inadequate.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  29. The Government thought hard about the provision and decided that removing the requirement would help to ensure that the regulatory system can work proportionately, without putting potentially costly burdens on firms that are disproportionate to any regulatory gain. Regulators will continue to be able to require firms to notify them of matters that they want to know about. The provisions introduced by the 2013 Act as section 64C of the 2000 Act remain. The requirement that firms must report disciplinary action that they take against employees will therefore remain in force. I hope that reassures the hon. Gentleman. Amendments 31 and 32 would reinstate the reverse burden of proof for banking sector firms—the banks, building societies, credit unions and systemically important investment firms regulated by the PRA.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  30. Firms would need systems to ensure that the information is captured and transmitted to the regulators, and having been notified of a suspicion, the regulators would have to decide whether to investigate and, if appropriate, consider what action to take. In many cases there would be nothing more than suspicion, so no action would be taken, but meanwhile the regulators would have to consider and prioritise all notifications received. That would be bound to limit their ability to respond appropriately in real cases, thereby imposing costs and burdens on the regulators and using up their time. Similarly, it can be argued that the suspicious activity reports used in the money laundering regime generate many false positives.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  31. Clause 23 also removes a provision that requires firms to report all known or suspected breaches of rules of conduct to the regulators. That requirement is unnecessary, because the regulators can use their existing powers to require firms to notify them of matters that they want to know about. The provision, which requires notification of all suspected, as well as confirmed, breaches of rules of conducts, is unnecessary because it goes much further than the principles we want to operate. It would be unnecessarily onerous for firms and regulators. As the hon. Gentleman can imagine, such a provision could effectively force firms to work out a point at which the possible indications of a breach of rules of conduct might amount to a genuine suspicion.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  32. I fully intend to address that. The hon. Gentleman will have to bear with me, I am afraid. I am getting a little confused with all my different subsections, as he did in his remarks. I will, however, be addressing that. On the hon. Gentleman’s earlier question about why we did not simply implement the reverse burden of proof, allow time for it to bed down and see how it worked, my colleague in the other place, Lord Bridges, has pointed out that evidence had already started to emerge that unhelpful effects were becoming apparent as firms prepared for its introduction. We were losing the essence of the purpose of the regime, which is to ensure that everyone knows and understands their responsibilities and what they are for. We therefore felt that there was no need to wait before making the changes.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (THIRD SITTING) · 2016-02-11 · READ IN HANSARD

  33. Opposition Members should bear in mind the wise words of Lord Turnbull in the other place, He was a member of the Parliamentary Commission on Banking Standards, and he said of the burden of proof in the original proposal: “I signed up to its proposal, but I believe that the proposal now in the Bill is superior. Many philosophers have said, ‘Second thoughts are often best’… This is a time to follow that dictum. In this case, second thoughts are best. I hope that the House will reach the same conclusion as I have put forward and not support the amendment.” —[ Official Report, House of Lords, 15 December 2015; Vol. 767, c. 2028.] I agree with those wise words, and I therefore commend these clauses and request that they stand part of the Bill.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (FOURTH SITTING) · 2016-02-11 · READ IN HANSARD

  34. The amendment was made after discussion with the Delegated Powers and Regulatory Reform Committee, which I hope reassures him. The Committee was not concerned about the powers. Before lunch, we were talking about how important it is that this country has a strong and effective regulatory framework. With these clauses we are talking about the importance of conduct and the signals that we, as regulators and parliamentarians, send out about the importance of conduct and responsibility. We have achieved that with the introduction of the senior managers and certification regime across the financial services industry, together with the duty of responsibility.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (FOURTH SITTING) · 2016-02-11 · READ IN HANSARD

  35. Mr Wilson, it is good of you to come along this afternoon to hear the conclusion of my speech. I reassure the Committee that, having had lunch, I have been able to recollect a couple of other small points that I wanted to mention to the hon. Member for Wolverhampton South West. Earlier, he raised the question of the powers in clause 21, and I said that the Delegated Powers and Regulatory Reform Committee expressed no concerns about those powers. In fact, I can go further and reassure him that the Committee actually thought that the original provision tabled by the Government, which provided for use of the negative resolution procedure, was not ideal, and it recommended the affirmative resolution procedure—that is in the Bill today.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (FOURTH SITTING) · 2016-02-11 · READ IN HANSARD

  36. It makes it clear that the offence could be committed if a building society or an investment bank were to fail by being put into the special insolvency and administration regimes created for them in secondary legislation made under the Banking Act 2009. That was always the intention behind the 2013 Act, and we are taking the opportunity now to make the position clear. Question put and agreed to. Clause 25 accordingly ordered to stand part of the Bill. Ordered, That further consideration be now adjourned. — (Sarah Newton.)

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (FOURTH SITTING) · 2016-02-11 · READ IN HANSARD

  37. The collapse of such institutions could do serious harm to financial stability or impose huge costs on the financial services compensation scheme to protect depositors. The offence was therefore limited to UK banks, building societies, Prudential Regulation Authority-regulated investment firms and large investment banks that happen not to be deposit takers. The offence will not apply to credit unions, and it would clearly make no sense to apply it to the firms that the Government now propose to bring into the senior managers and certification regime. The clause simply fills some gaps in the coverage of the offence.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (FOURTH SITTING) · 2016-02-11 · READ IN HANSARD

  38. The clause makes some technical corrections to the criminal offence in section 36 of the Financial Services (Banking Reform) Act 2013. The offence is intended to punish, and therefore deter, reckless misconduct that causes a bank to fail. It does not form part of the senior managers and certification regime, although it was included in the same legislation and was also recommended by the Parliamentary Commission on Banking Standards. For the avoidance of any doubt, I want first to make it clear that the Government are not proposing to extend the offence to the rest of the financial services industry, which would not be appropriate. The offence was designed to deter reckless decision making that causes systemically important financial institutions to fail.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (FOURTH SITTING) · 2016-02-11 · READ IN HANSARD

  39. To be clear, that change is not being made by the Bill. The Bank of England Act 1998 requires up to nine non-executive directors, and following retirements there are currently seven non-executive directors on the court. A smaller board will be better for the Bank. The strong view of the Bank’s non-executive chair, Anthony Habgood, is that a smaller board makes for more effective challenge and accountability of the executive. When there are fewer non-executive directors, each member has greater opportunity to pose questions to executive members and to debate with them. A larger court might encourage a round table of individual speeches, rather than enabling effective back-and-forth discussions with and challenge to the executive.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (FIRST SITTING) · 2016-02-09 · READ IN HANSARD

  40. It should be noted that the power to add or remove a deputy governor will not permit the Treasury to remove a deputy governor or change his or her title while that deputy governor is in office. The measure will ensure flexibility for future need. At present, changes such as the creation of the new position of deputy governor for markets and banking can only be affected through changes to primary legislation. Instead, as a result of the clause, the Government will in future be able, by order and after consulting with the Governor, to adjust the size and shape of the Bank’s senior management team to meet future requirements—for example, to bring in new expertise if that proved to be necessary. The hon. Member for Bassetlaw asks why we are changing the number of non-executive directors on the court.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (FIRST SITTING) · 2016-02-09 · READ IN HANSARD

  41. Following the expansion of the Bank’s responsibilities through the Financial Services Act 2012, a deputy governor for markets and banking was appointed with responsibility for reshaping the Bank’s balance sheet, including ensuring robust risk management practices. That important position is currently filled by Dame Minouche Shafik, who is not a statutory member of court. We have talked about regional diversity this morning, but she ticks many boxes in terms of other forms of diversity, having been born in Egypt, worked a lot in America and being a British citizen. The clause amends the Bank of England Act 1998 to make that deputy governor a member of the court, ensuring equal status for all the Bank’s deputy governors and simplifying the Bank’s governance structure.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (FIRST SITTING) · 2016-02-09 · READ IN HANSARD

  42. May I say what a pleasure it is to serve under your chairmanship, Mr Wilson? I will speak to clause 1 and why it should stand part of the Bill before dealing with the amendments. The clause makes the deputy governor for markets and banking a member of the court of directors—an important position that is not currently a statutory member of court. It also provides enhanced flexibility to add or remove a deputy governor or alter the title of a deputy governor, as well as the corresponding ability to make changes to the composition of the court, the Financial Policy Committee, the Monetary Policy Committee or the new Prudential Regulation Committee where a deputy governor is added or removed. Those important provisions will simplify the governance of the Bank.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (FIRST SITTING) · 2016-02-09 · READ IN HANSARD

  43. The hon. Gentleman serves as a member of the Treasury Committee, and I believe he was also a member of that Committee in the previous Parliament, so he will remember that it produced a report in 2011 called “Accountability of the Bank of England” which recommended that the court’s membership be reduced to eight—smaller than we propose. It emphasised that a smaller court would allow for “diversity of views and expertise” while still being “an efficient decision-making body”. He may want to go back and look at the evidence base that the Committee looked at. It is important to emphasise that the Bill does not make a change in terms of the membership, which remains at possibly up to nine.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (FIRST SITTING) · 2016-02-09 · READ IN HANSARD

  44. Day one is when the MPC members deliberate, challenge the evidence before them and question one another—exactly the kind of role that the court performs very effectively. Day two is very different. In Governor Warsh’s words: “With few exceptions, the deliberations are nearly complete, policymakers are heard, and their judgments tallied.” I think it is clear that day one is closer to the deliberations and discussions of a board.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (FIRST SITTING) · 2016-02-09 · READ IN HANSARD

  45. We are fortunate in this debate because the impact of transcripts on Bank discussions has already been examined by Governor Warsh in his review, “Transparency and the Bank of England’s Monetary Policy Committee”. He said: “Creating a safe space for true deliberations is among the most critical indicia of organisations that make good decisions, according to the leading academic and empirical literature and my own observation”. I am sure we all want a court that makes good decisions. The alternative would be extremely costly for all of us. Governor Warsh looked at the MPC’s two discussion days and found that the different nature of the day one and day two discussions required different approaches to transcript publication. It makes sense to see which of those days is most like a court session and what Governor Warsh recommended.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (FIRST SITTING) · 2016-02-09 · READ IN HANSARD

  46. Member for Leeds East that transparency is important: it improves accountability and ultimately makes the Bank’s governance better. However, I disagree with him that mandating transcripts of court sessions will make governance better. As hon. Members are aware, the court is now required to publish the minutes of every meeting within six weeks. That was not always the case, but I am glad to see that the court has published historical records of its minutes, including those during the financial crisis. Through this, Parliament and the public now have greater insight into the governance of the Bank and the key decisions made. Transcripts are a different matter entirely.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (FIRST SITTING) · 2016-02-09 · READ IN HANSARD

  47. The PRA is a subsidiary of the Bank, and the FPC is a sub-committee of the Court of the Bank.” The Bill will change the FPC’s status from a sub-committee of the court to a committee of the Bank and will end the PRA’s subsidiary status, establishing the Bank’s three policy committees on a common statutory footing. The final and perhaps most significant means of enhancing transparency is bringing the whole Bank into the purview of the National Audit Office for the first time in its history. Allowing the NAO to conduct value-for-money reviews across the Bank will increase its accountability to Parliament and to the public. In turn, this will build greater public trust in the Bank’s operations and governance, supporting its vital independence role in the UK economy. I agree with the hon.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (FIRST SITTING) · 2016-02-09 · READ IN HANSARD

  48. First, it makes the entire court responsible for the oversight functions. No longer will an oversight committee oversee the work of an oversight board. Every member of the board, executive or non-executive, will be clearly responsible for oversight of the Bank. Secondly, the Bill removes a greater barrier to transparency and unnecessary complexity. In 2013, the Parliamentary Commission on Banking Standards noted the complexity of the present regime. It said: “The accountability arrangements of the new structures”— that is, the structures that exist now— “are more complex than those of the previous regulatory regime.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (FIRST SITTING) · 2016-02-09 · READ IN HANSARD

  49. Importantly, the Bill also provides for the continued balance of internal and external members on the MPC, the FPC and the newly formed PRC. Following the addition or removal of a deputy governor, the Government may make a corresponding change to the number of members appointed by the Chancellor in the case of the FPC or PRC or the Governor in the case of the MPC. New clause 5 would require the court to publish transcripts of its discussions within six months. I agree completely with the hon. Member for Leeds East that transparency is critical. The Bank of England makes decisions that affect all of us and it must be accountable to the public, and enhancing transparency is central to that. That is why I am so pleased to bring this Bill to the Committee: it makes governance of the Bank much more transparent in several ways.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (FIRST SITTING) · 2016-02-09 · READ IN HANSARD

  50. The Cabinet, as the hon. Gentleman knows, has fluctuated in size over the years. On the evidence base, we are obviously talking about the experience of the Bank of England having in the past, particularly in the run-up to the financial crash, had a significantly larger court. I think there were 19 members in the run-up to 2009, and it was thought that that was a very large and unwieldy body. I think it still falls short of the number of people who currently attend Cabinet. There is a range of different views of effectiveness, but the important point to emphasise is that the Bill does not intrinsically make any changes to what is already there, although in practice we currently have seven non-executive directors on the court.

    BANK OF ENGLAND AND FINANCIAL SERVICES BILL [ LORDS ] (FIRST SITTING) · 2016-02-09 · READ IN HANSARD