← LEADERSHIP TERMINAL

UK PARLIAMENT · SITTING

Kevin Hollinrake

MP for Thirsk and Malton · Conservative · United Kingdom

IN THEIR OWN WORDS

That issue is one of the many things that the people who signed the petition are concerned about, Dr Huq. One of the big things that the Government promised, which I agree with them about, is the need to encourage faster growth in our economy. Of course that is right, but look at where that growth is.

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The UK economy went through many challenges, of course, some of them caused by Brexit; the reality is that a change like that was bound to have a short-term effect—but only a short-term effect. The country grew faster than Germany and France during that period of time.

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As I said before, governing is not easy; we had many challenges ourselves, and we did not get everything right, but what we did during that difficult period of time—those 14 years—was get 1.2 million more people employed in our economy. Unemployment was halved during our time in office.

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Of course, many Government Members supported his leadership challenge. We are here now, looking forward to a general election coming down the track. We are ready for a general election when the Government are, because, unlike them, we have a strong leader—against their weak leader.

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I was, absolutely. I thank my hon. Friend the Member for Berwickshire, Roxburgh and Selkirk (John Lamont) for his excellent opening speech. He made so many good points, not least about the level of support for this petition.

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Members on the Government side of the House also feel betrayed and angry with their own leadership, for marching them up to the top of the hill and marching them back down again on many of these issues, but they do not feel as betrayed as the businesspeople in this country in particular.

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The complete record

Every one of 3,516 lines we hold for Kevin Hollinrake, in date order, each linked to its source. Free to read, in full, without an account. Page 44 of 71.

  1. When we speak about business, it is important to speak about the entire world of businesses in all sectors. Hospitality is very important in Great Yarmouth, where 23% of all jobs are in the tourism industry. In his intervention, my hon. Friend the Member for Aberconwy (Robin Millar) rightly said that the hospitality business feels that cold wind first, but also sees the benefit of the improvement in the economy first, too. It is truly the canary in the coalmine, as he put it. In Great Yarmouth there are some fantastic opportunities for the future, not least in green energy. My right hon. Friend pointed out the businesses that are benefiting from that. I am aware of ASCO, which employs more than 100 people, providing services to the North sea opportunity that is green energy—30 wind turbines on the Scroby sandbank.

    SMALL AND MEDIUM-SIZED ENTERPRISES: GREAT YARMOUTH · 2023-06-07 · READ IN HANSARD

  2. My ministerial colleagues and I, as well as many others including my right hon. Friend, the Chancellor and the Prime Minister, are for business because we are from business. We understand how this works. My right hon. Friend made the point about smaller businesses that start up and grow to become larger businesses. That is the fundamental basis of our strategy to scale up Britain. We want the start-ups to become scale-ups. That is one of our areas for development. We are No. 1 in the OECD for start-ups per capita, but in a survey of 14 OECD nations, we were 13th for scale-ups—businesses that have 10 employees or more after three years. That is our focus, and there are three key focus areas underneath that: access to finance, support and advice, and removing barriers and red tape. Those are critical issues for the SMEs I speak to.

    SMALL AND MEDIUM-SIZED ENTERPRISES: GREAT YARMOUTH · 2023-06-07 · READ IN HANSARD

  3. Friend on the title and the primary content of this debate—SMEs are the most important part of the sector. As he said, I started a very small business and grew it over time, but the pressure we were always under as our business grew was from smaller businesses starting up and putting pressure on our market share. I listened carefully to his points about his father’s business and the legacy effect it has had on Great Yarmouth. That is my experience. Many people go into business for the potential financial reward, but also for the legacy: the jobs they can create and the business that they leave behind. That has a long-lasting effect on towns such as Great Yarmouth. The Department for Business and Trade is seeking to make the UK the best place to do business in the world. We want to make it easier to do business every single day.

    SMALL AND MEDIUM-SIZED ENTERPRISES: GREAT YARMOUTH · 2023-06-07 · READ IN HANSARD

  4. I am sorry that I cannot emulate my right hon. Friend the Member for Great Yarmouth (Brandon Lewis) by speaking without notes, but I will do my best to ad lib a little. I thank him for securing this important debate. I love his words that SMEs drive the whole economy. It brought back the words of Winston Churchill about the private sector; he said that some people see private enterprise as a predatory tiger that needs to be shot. Some people see it as a cow that needs to be milked. Few people see it for what it really is: the strong horse that pulls the whole cart. That is exactly right. Everything we see in the public sector and in this House is paid for by the private sector, the taxes it raises and the jobs it creates. I totally agree with my right hon.

    SMALL AND MEDIUM-SIZED ENTERPRISES: GREAT YARMOUTH · 2023-06-07 · READ IN HANSARD

  5. Furthermore, 667 Great Yarmouth businesses have been supported by their local growth hub and other partners, and there are 3,585 SMEs in Great Yarmouth in total. Over the last six months, there has been a sharp rise in job postings—vacancies, in other words—in Great Yarmouth, from 1,004 job postings in November 2022 to 2,229 in May 2023. That is a 122% rise. These are the highest vacancy volumes since October 2012 and they illustrate the health of the Great Yarmouth economy and the excellent work and representation by its local Member of Parliament. Question put and agreed to .

    SMALL AND MEDIUM-SIZED ENTERPRISES: GREAT YARMOUTH · 2023-06-07 · READ IN HANSARD

  6. The Norfolk broadband programme was awarded £5 million through the local growth fund to extend superfast broadband in the county, and it is estimated that that will lead to a £2 billion growth in the local economy and the creation of 1,500 jobs within 15 years. The Government recognise that this is a challenging time for all businesses and we have provided unprecedented levels of support to help businesses and workers through these difficult times. However, data for Great Yarmouth show a 4% positive difference between the birth and death rates of businesses in Great Yarmouth in 2021, an encouraging sign that businesses are flourishing in the local area and that the local Member of Parliament is being highly effective.

    SMALL AND MEDIUM-SIZED ENTERPRISES: GREAT YARMOUTH · 2023-06-07 · READ IN HANSARD

  7. That will help the town centre to develop sustainably into the future, supporting footfall, further regeneration and investment. Great Yarmouth bid successfully in the second round of the levelling-up fund, and the Great Yarmouth riverside gateway project received £20 million to regenerate the railway station and the North Quay area of the town. We recently agreed a landmark devolution deal with Norfolk County Council, which will bring a wide range of benefits to residents and businesses in Great Yarmouth. It includes a £600 million investment for a further 30 years, equating to £20 million per annum, and Norfolk County Council can borrow against that further funding.

    SMALL AND MEDIUM-SIZED ENTERPRISES: GREAT YARMOUTH · 2023-06-07 · READ IN HANSARD

  8. The Small Business Commissioner addresses small businesses’ complaints about payments and the payment practices reporting duty creates transparency by requiring large companies to report on their payment times, while the prompt payment code sets standards and best practice in payment culture. We are making substantial investments in Great Yarmouth to help the area to thrive and succeed. The borough secured a £20.1 million towns deal in 2021 to help level up the town. One of the fantastic projects supported by this intervention is the operations and maintenance campus for the energy sector. The town has also secured £13.8 million of future high street funding to help revive the town centre as a vibrant economic, cultural and community hub.

    SMALL AND MEDIUM-SIZED ENTERPRISES: GREAT YARMOUTH · 2023-06-07 · READ IN HANSARD

  9. The working time directive recording requirements will potentially save businesses more than £1 billion a year. Landmark legislation in the form of the Digital Markets, Competition and Consumers Bill will make it easier for SMEs to access digital marketplaces. The Government acknowledge that one of the significant barriers faced by SMEs across the country is late payments. We are determined to see those reduced to ensure that SMEs are given the best chance of succeeding and growing. That is why we are conducting a review of business-to-business payment policy, the prompt payment and cash flow review, which is scrutinising existing payment practices and measures. We need a stronger culture of responsibility in large businesses to support the smaller suppliers on which they rely.

    SMALL AND MEDIUM-SIZED ENTERPRISES: GREAT YARMOUTH · 2023-06-07 · READ IN HANSARD

  10. That is in addition to the support previously announced in the form of an increase in the employment allowance to £5,000, the introduction of a zero rate of VAT on energy-saving materials, and the exemption of small businesses and microbusinesses from regulations where possible. That was raised by my right hon. Friend in his speech. These interventions show that the Government are on the side of small businesses, and understand the unprecedented difficulties that many have faced. The last key focus is on removing barriers and cutting red tape. We are doing that through many mechanisms, such as improving the processes for public procurement, trade deals with Australia and New Zealand, and the comprehensive and progressive agreement for trans-Pacific partnership.

    SMALL AND MEDIUM-SIZED ENTERPRISES: GREAT YARMOUTH · 2023-06-07 · READ IN HANSARD

  11. In the autumn statement, we announced £13.6 billion of support for businesses over the next five years, including through reducing the burden of business rates for SMEs by freezing the business rates multiplier for yet another year, to protect businesses from rising inflation. Over the winter, the Government intervened in the energy crisis by providing unprecedented support, in the form of the energy bill relief scheme and, more recently, the energy ill discount scheme. The Government are freezing fuel duty, maintaining the 5p cut for a further year, and reversing the national insurance rise, which will save small businesses an average of approximately £4,200.

    SMALL AND MEDIUM-SIZED ENTERPRISES: GREAT YARMOUTH · 2023-06-07 · READ IN HANSARD

  12. The Help To Grow management scheme was launched in June 2021, to help close the productivity gap and lay the foundations for growth by providing SMEs with key skills in financial management, marketing and innovation. Our evaluation showed that approximately 90% of SME leaders surveyed reported that the scheme helped and Help To Grow management contributed to improved leadership and management of their business. I encourage my right hon. Friend, and all Members of the House, to share information about the scheme with local SMEs that could benefit from the opportunities it offers. We know that businesses have emerged from the covid-19 pandemic, only to be faced with rising costs and dampened demand.

    SMALL AND MEDIUM-SIZED ENTERPRISES: GREAT YARMOUTH · 2023-06-07 · READ IN HANSARD

  13. My hon. Friend raises an important point, which I will come to shortly. He is right to say that we should intervene only where there is an exceptional circumstance, such as covid or a cost of living crisis, or where there is market failure, which is where we want to focus. For example, with SMEs working in the hospitality and house building industries, which he and my right hon. Friend the Member for Great Yarmouth both referred to, we know there is market failure and a need for them to access finance. We need to focus on those areas and ensure those sectors are provided with finance, when they cannot get it elsewhere. The Government provide extensive business support, which is another key focus area, including through the business support helpline, the Help To Grow management scheme and a network of 38 growth hubs across the UK.

    SMALL AND MEDIUM-SIZED ENTERPRISES: GREAT YARMOUTH · 2023-06-07 · READ IN HANSARD

  14. Again, those matters are between the Post Office and postmasters, but we are keen to see a resolution and we hope that one will be obtained. The hon. Member for Motherwell and Wishaw (Marion Fellows) does fine work as chair of the all-party parliamentary group on post offices. As she said, we see the Post Office very much as the front office of Government. Having said that, we cannot dictate to people how they decide to access services. We all benefit from access to the internet and the digital world, and applying for different things on our phones and computers.

    SUB-POSTMASTERS AND SUB-POSTMISTRESSES: REMUNERATION · 2023-05-23 · READ IN HANSARD

  15. We have the issue under review and we discuss it often at our meetings with the Post Office. My hon. Friend the Member for North Norfolk (Duncan Baker) raised an important point about the amount of revenue that is passed on to sub-postmasters. Something that results from that, which I have discussed with the Post Office at our meetings, is the need to control and reduce central costs to ensure that there is more money to go around the network, rather than held in the centre. Postmasters are the most important part of the post office network, and I agree that they need to be able to make a decent living for that network to be sustainable for the future. Clearly, we need the Post Office to look for opportunities to drive footfall into branches. A point was raised about the DVLA. I am aware of those negotiations.

    SUB-POSTMASTERS AND SUB-POSTMISTRESSES: REMUNERATION · 2023-05-23 · READ IN HANSARD

  16. The money is counted and, because of unknown deposit limits, that money sometimes has to be counted back, which is unfair. I am working closely with the Financial Conduct Authority and various banks on those deposit limits, which seem to be arbitrary and have damaging effects on the business community as a whole in our towns and villages, not just on the post offices themselves. I am determined to find a solution to that problem, alongside my colleague, the Economic Secretary to the Treasury. The improvements made in April 2023 were made following previous improvements in August 2022, and postmasters benefiting from Royal Mail tariff increases was announced in March 2023. However, I appreciate that the measures have not gone as far as postmasters would have liked.

    SUB-POSTMASTERS AND SUB-POSTMISTRESSES: REMUNERATION · 2023-05-23 · READ IN HANSARD

  17. The subject of this debate is crucial, because if we are to run a sustainable network of post offices, we clearly need to ensure that those businesses are sustainable too. Post Office is a commercial business; it operates at arm’s length from the Government. Postmaster remuneration will ultimately be an operational matter for the Post Office, but I totally agree that we need to get the situation on a sustainable footing. There were some improvements to remuneration in April, as I think has been acknowledged, including increasing payments for outreach services by 9.5% and payments for banking deposit transactions by 20%, although I know that their cash impact is very limited; that point was raised at the conference last week. I understand the issue that the right hon. Member for Orkney and Shetland raised about deposits.

    SUB-POSTMASTERS AND SUB-POSTMISTRESSES: REMUNERATION · 2023-05-23 · READ IN HANSARD

  18. It is therefore paramount that we secure the right future for our post office network, which is one of the largest retail networks in the country, with 11,500 branches. We know from the recent report by London Economics that post offices bring a huge amount to our whole economy—£4.7 billion in 2021-22. I spoke in glowing terms about the network being the pillars of our communities at the annual conference of the National Federation of SubPostmasters only last week. It is good to see Calum Greenhow, who represents that organisation, here in the Public Gallery today; indeed, he is on his annual holiday, but has still turned up to this debate. Quite simply, there is no Post Office without postmasters.

    SUB-POSTMASTERS AND SUB-POSTMISTRESSES: REMUNERATION · 2023-05-23 · READ IN HANSARD

  19. It is a pleasure to speak with you in the Chair, Mr Twigg. I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on securing this very important debate. I agree with many of the sentiments that he expressed in his speech. When I was growing up as a young boy in my local town of Easingwold, we had Mr Taylor, the bank manager —he managed the Barclays bank—and Mr Clark, the baker; Mr Thornton, our butcher; Mr Hollinrake, who was our milkman; and Mr Hodgson, our postmaster. The only equivalent personality who I would be able to identify now in our community of Easingwold would be Pritpal, who is our postmaster. Sadly, all those other pillars of the community have gone, so we absolutely know that our postmasters are the pillars and beating hearts of our communities.

    SUB-POSTMASTERS AND SUB-POSTMISTRESSES: REMUNERATION · 2023-05-23 · READ IN HANSARD

  20. I agree. I hope the hon. Lady will forgive me if I gave her the wrong impression. I am not saying that it should be either/or, but we should leave it to customers to decide how they want to access services.

    SUB-POSTMASTERS AND SUB-POSTMISTRESSES: REMUNERATION · 2023-05-23 · READ IN HANSARD

  21. I thank Members for their contributions to the debate. It is encouraging that we are all on the same page on this issue; we all want to ensure we have a sustainable network, and we need to have a grown-up conversation about how we do that.

    SUB-POSTMASTERS AND SUB-POSTMISTRESSES: REMUNERATION · 2023-05-23 · READ IN HANSARD

  22. We are keen to help all businesses through a difficult time, not least the post office network, which has received £2.5 billion of central Government funding over the last 10 years, and will receive £335 million over the next three, including the £50 million a year subsidy to safeguard services in uncommercial parts of the network. I take the right hon. Member for Orkney and Shetland’s point on the Post Office’s senior management bonus situation—a matter that we took very seriously. The Post Office itself is doing its own inquiry into the circumstances around that and we have committed to undertaking an independent review of the issue. It is important that we wait for the outcome of the review before we make a judgment on that situation, but it is something that we are taking seriously.

    SUB-POSTMASTERS AND SUB-POSTMISTRESSES: REMUNERATION · 2023-05-23 · READ IN HANSARD

  23. Member for Orkney and Shetland highlighted what a tremendous job his post office is doing in terms of fresh produce and fish. Diversification is very important for any business; when a part of a business is struggling to make ends meet, it should add further businesses to that outlet. There has been significant investment in the replacement for the Horizon system. The new system should make transactions easier and more efficient, which should help sub-postmasters with the amount of time it takes to do their work. The Government have stepped in for the short term, with things such as business rates support worth £13.6 billion, and the £23 billion over an 18-month period to help with energy costs.

    SUB-POSTMASTERS AND SUB-POSTMISTRESSES: REMUNERATION · 2023-05-23 · READ IN HANSARD

  24. Letter volumes are on a long-term decline, with a 50% reduction in the last 10 years. Foreign currency exchange is another important revenue stream, which was obviously challenged between 2020 and 2022. Again, that should be returning to normal. There is no silver bullet to solve those problems, but, nevertheless, there are some opportunities for the future. We see that the Post Office needs to adapt to today’s economic environment. There are initiatives under way, such as post offices becoming parcel hubs—not only for Royal Mail; there are now new partnerships with Amazon, DPD UK, Evri and DHL, and that is a benefit to consumers and potentially postmasters. Positive steps to diversify the business are critical. The right hon.

    SUB-POSTMASTERS AND SUB-POSTMISTRESSES: REMUNERATION · 2023-05-23 · READ IN HANSARD

  25. I understand that cash deposit limits are a crucial issue, and we are determined to find a resolution. It is not about something imposed by the Government or even the Post Office; it is about money laundering concerns. The FCA was concerned about the post network being used for money laundering purposes. The right hon. Gentleman and I have both spoken about the need to tackle economic crime, so that is the reason behind it. My concern is whether those measures are proportionate and appropriate. I think there should be ways round that. Some banks are interpreting the advice differently. I will turn to some other issues that the post office network is facing. One is the disruption to business caused by the dispute between Royal Mail and the Communication Workers Union. Hopefully, that has nearly come to its end.

    SUB-POSTMASTERS AND SUB-POSTMISTRESSES: REMUNERATION · 2023-05-23 · READ IN HANSARD

  26. To conclude, we will continue to work with the Post Office to deal with the challenges that the network faces and lay the foundations for a sustainable network in the future. Question put and agreed to.

    SUB-POSTMASTERS AND SUB-POSTMISTRESSES: REMUNERATION · 2023-05-23 · READ IN HANSARD

  27. The registrar will use a range of sources to estimate the value of the portfolio owned, including the UK house price index and data on business rate bands. The registrar will apply different starting points for the financial penalty depending on whether the estimated value of each property or piece of land falls into one of three bands. If the value of the property or land is estimated to be in the lower band, the starting point for the penalty will be £10,000. If the value is estimated to be in the middle band, the starting point will be £20,000. In the higher band, the starting point will be £50,000.

    DRAFT REGISTER OF OVERSEAS ENTITIES (PENALTIES AND NORTHERN IRELAND DISPOSITIONS) REGULATIONS 2023 · 2023-05-22 · READ IN HANSARD

  28. When deciding whether to prosecute and what sentence to give, courts follow sentencing guidelines to ensure that it is in the public interest to prosecute and that the sentence is proportionate to the seriousness of the offence. The registrar should also consider the public interest and be proportionate when imposing financial penalties. For the failure to register offence, the Act sets out that the criminal fine that courts in England, Wales and Scotland can impose can be unlimited. That means that, in theory, the registrar may impose an unlimited financial penalty when an overseas entity has failed to register. As an indication of the seriousness of the failure to register offence, the registrar will review the portfolio owned by an overseas entity that has failed to register.

    DRAFT REGISTER OF OVERSEAS ENTITIES (PENALTIES AND NORTHERN IRELAND DISPOSITIONS) REGULATIONS 2023 · 2023-05-22 · READ IN HANSARD

  29. The instrument does not prescribe the specific amounts of financial penalties that may be imposed in relation to each offence. Instead, it states that a financial penalty “must not exceed the maximum fine that could be imposed by a court…under criminal proceedings in the jurisdiction in which the offence was committed.” That flexibility allows proportionate and effective targeting of non-compliant persons and penalties that can be adjusted according to the seriousness of the misconduct and the specifics of the case. Given that penalties are an alternative to criminal prosecution, the registrar should bear in mind the process a court would follow. The goal of the financial penalty regime is to encourage ongoing compliance with the requirements.

    DRAFT REGISTER OF OVERSEAS ENTITIES (PENALTIES AND NORTHERN IRELAND DISPOSITIONS) REGULATIONS 2023 · 2023-05-22 · READ IN HANSARD

  30. If the registrar is satisfied beyond reasonable doubt that the person has engaged in conduct amounting to an offence, she may issue a penalty notice in writing to that person giving 28 days to pay the penalty. If a person fails to pay, interest will accrue at 8%, the statutory interest rate. The instrument sets out that a financial penalty imposed by the registrar may be a fixed penalty, a daily rate penalty, or a combination of both. Where the criminal fine set out in the Act is a fixed penalty, the registrar may impose more than one penalty in relation to the same conduct if there is continued contravention. That means that a further penalty can be imposed if a person remains non-compliant despite having a penalty imposed. Subsequent penalties could increase to encourage compliance.

    DRAFT REGISTER OF OVERSEAS ENTITIES (PENALTIES AND NORTHERN IRELAND DISPOSITIONS) REGULATIONS 2023 · 2023-05-22 · READ IN HANSARD

  31. The Economic Crime (Transparency and Enforcement) Act sets out that the registrar may impose a financial penalty as an alternative to criminal prosecution. The draft regulations set out the procedure for the imposition and enforcement of financial penalties. A financial penalty could be imposed on a variety of persons, depending on the offence—for example, where an overseas entity has failed to register, on a verifier who has knowingly submitted a false filing, or a person who has failed to respond to an information notice sent by an overseas entity. If the registrar suspects that a person is engaged in conduct amounting to an offence, she may issue a warning notice in writing to that person giving 28 days to make representations about their conduct.

    DRAFT REGISTER OF OVERSEAS ENTITIES (PENALTIES AND NORTHERN IRELAND DISPOSITIONS) REGULATIONS 2023 · 2023-05-22 · READ IN HANSARD

  32. Once the Economic Crime and Corporate Transparency Bill receives Royal Assent, a further enforcement tool will be added to the arsenal: a person who receives a financial penalty from the registrar or is convicted of an offence may be disqualified from acting as a UK director. Once the Bill receives Royal Assent, I will bring forward further regulations under new and amended powers that will further strengthen the requirements of the register. The statutory instrument deals with two main elements: financial penalties arising from misconduct in relation to the register, and the treatment of land disposed of in Northern Ireland by overseas entities and rights of those acting in good faith.

    DRAFT REGISTER OF OVERSEAS ENTITIES (PENALTIES AND NORTHERN IRELAND DISPOSITIONS) REGULATIONS 2023 · 2023-05-22 · READ IN HANSARD

  33. Overseas entities are also unable to purchase any new UK land without registering. These are novel and severe sanctions—indeed, the most severe in the world. It is worth reminding hon. Members that when the draft Registration of Overseas Entities Bill was scrutinised by Parliament, the Joint Committee on Human Rights warned of the severity of the restriction, in particular the “chilling effect” that it would have. The Government of course took seriously the concerns raised, but felt the sanction was proportionate given the policy objectives of the register. This shows the seriousness of the sanction and the need for the Government to get the balance right with the approach to enforcement so as not to deter legitimate investment in the UK.

    DRAFT REGISTER OF OVERSEAS ENTITIES (PENALTIES AND NORTHERN IRELAND DISPOSITIONS) REGULATIONS 2023 · 2023-05-22 · READ IN HANSARD

  34. Although that likely leaves a few thousand entities still to register, some of them are believed to have been dissolved or struck off, and others have not kept their address details up to date with the land registries. That means they might not have received the letters that have been sent to them so far by Companies House. I know that Members want to be reassured that compliance and enforcement action is being taken. I want to reassure them that case preparation takes time, but is happening. Companies House continues to work to increase compliance even further and is actively preparing cases for enforcement action. Any overseas entity that has failed to register is already restricted from selling, leasing or raising charges on the land it owns until it registers.

    DRAFT REGISTER OF OVERSEAS ENTITIES (PENALTIES AND NORTHERN IRELAND DISPOSITIONS) REGULATIONS 2023 · 2023-05-22 · READ IN HANSARD

  35. Law enforcement agencies now have a wealth of new information to help them track down those using UK property or land as a vehicle for money laundering. The register went live on 1 August last year, with the deadline for registering set for 31 January this year. There has been a high level of compliance, with more than 27,900 overseas entities registering to date. Entities that have disposed of their land are required to provide statements with information about their beneficial owners and details such as title numbers. More than 750 have provided details to Companies House, having disposed of all their interests in land before the end of the transition period. That means that just under 29,000 entities have complied with the requirements.

    DRAFT REGISTER OF OVERSEAS ENTITIES (PENALTIES AND NORTHERN IRELAND DISPOSITIONS) REGULATIONS 2023 · 2023-05-22 · READ IN HANSARD

  36. I beg to move, That the Committee has considered the draft Register of Overseas Entities (Penalties and Northern Ireland Dispositions) Regulations 2023. It is a pleasure to speak with you in the Chair, Dame Angela. The regulations, which were laid before the House on 26 April, form part of a series of secondary legislation needed to effectively implement the register of overseas entities. The register was created under part 1 of the Economic Crime (Transparency and Enforcement) Act 2022, which I will refer to as “the Act”. The register will help crack down on dirty Russian money in the UK and corrupt foreign elites abusing the openness of our economy. Overseas entities owning or buying property or land in the UK must give information about their beneficial owners or managing officers to Companies House.

    DRAFT REGISTER OF OVERSEAS ENTITIES (PENALTIES AND NORTHERN IRELAND DISPOSITIONS) REGULATIONS 2023 · 2023-05-22 · READ IN HANSARD

  37. I hope that the Committee will support the measures and their objectives. I commend the draft regulations to the Committee.

    DRAFT REGISTER OF OVERSEAS ENTITIES (PENALTIES AND NORTHERN IRELAND DISPOSITIONS) REGULATIONS 2023 · 2023-05-22 · READ IN HANSARD

  38. The intention of that sanction is to disincentivise anyone from transacting with a non-compliant overseas entity, which I think was the point that the right hon. Member for Leeds Central was making. However, in certain circumstances, it is possible that a third party may transact in good faith, without knowing that the overseas entity was non-compliant, resulting in its acquisition of a land title that cannot be registered with the Land Registry. The Act is not intended to penalise innocent third parties and so this mechanism is necessary to allow for the effective functioning of land transactions. A similar mechanism is already available in England and Wales, and Scotland. In conclusion, I emphasise that the measures in the draft regulations are crucial for the effective operation of the register.

    DRAFT REGISTER OF OVERSEAS ENTITIES (PENALTIES AND NORTHERN IRELAND DISPOSITIONS) REGULATIONS 2023 · 2023-05-22 · READ IN HANSARD

  39. The Government consider that those are appropriate places for these details to be published in relation to the register. The second part of the instrument sets out the grounds for registering dispositions in Northern Ireland that would otherwise be prohibited. Schedule 8A to the Land Registration Act (Northern Ireland) 1970 is amended to provide a mechanism to allow the Secretary of State to consent to the registration of a land transaction that would otherwise be prohibited. If a third party transacts with an overseas entity at a time when the overseas entity is non-compliant with the requirements of the register, the third party will be prohibited from registering the transaction; for instance, if it has bought land from an overseas entity that is non-compliant, it will be unable to register itself as the new proprietor.

    DRAFT REGISTER OF OVERSEAS ENTITIES (PENALTIES AND NORTHERN IRELAND DISPOSITIONS) REGULATIONS 2023 · 2023-05-22 · READ IN HANSARD

  40. If the registrar finds that the level of penalties needs to be reviewed because they are insufficient to provide a deterrent, the instrument gives her the flexibility to do so. The instrument also gives the registrar the power to vary or revoke a financial penalty on a case-by-case basis—for example, if new information comes to light that may aggravate or mitigate the misconduct. The instrument also sets out the grounds for appeal and the court’s powers in relation to an appeal. Companies House has been preparing to operationalise the regulations and will be ready to issue notices as soon as the regulations come into force. Companies House already includes in its annual report the details of financial penalties imposed in relation to UK companies, and the Insolvency Service publishes enforcement outcomes annually.

    DRAFT REGISTER OF OVERSEAS ENTITIES (PENALTIES AND NORTHERN IRELAND DISPOSITIONS) REGULATIONS 2023 · 2023-05-22 · READ IN HANSARD

  41. If they have not registered properly, they cannot buy UK property. If an overseas entity owns more than one property or piece of land, the penalty values will be added up to provide a starting point. Given that interest will accrue at the statutory interest rate of 8%, the penalty will rack up quickly if an overseas entity fails to pay. The registrar may also consider other aggravating factors, such as whether the person has committed the offence previously. When any financial penalty remains unpaid, it can be enforced as if it were a judgment debt, including by a charge being registered against property or land owned by an overseas entity. The registrar will keep the model under review ahead of imposing financial penalties for failure to file the annual update on time.

    DRAFT REGISTER OF OVERSEAS ENTITIES (PENALTIES AND NORTHERN IRELAND DISPOSITIONS) REGULATIONS 2023 · 2023-05-22 · READ IN HANSARD

  42. The shadow Minister also made a point about the 750 who have provided the details as required by Companies House, in which they basically say that they no longer hold the properties—the properties have been disposed of—and we therefore feel they are compliant. The 28 days is the time to respond; that was the response time required after the request by the registrar. On the proxy directors, I understand the point made by the right hon. Member for Birmingham, Hodge Hill, but that does not obviate the requirement for the beneficial owner to be named. Whatever proxy directors there might be, the requirement is for the beneficial owner to be named in any circumstance. That is in existing ownership or future ownership. Someone cannot technically hide behind the proxy director without being guilty of a false filing offence.

    DRAFT REGISTER OF OVERSEAS ENTITIES (PENALTIES AND NORTHERN IRELAND DISPOSITIONS) REGULATIONS 2023 · 2023-05-22 · READ IN HANSARD

  43. We think that that is the horse before cart approach; we are seeing what resources it needs for this and its other work to ensure that the register is accurate. The shadow Minister mentioned the £2,500—the daily fine for the failure to update offence. The other fines for failing to register are much more significant. The bands I set out earlier are based roughly on council tax bands: A to C will be the £10,000 fee, D to F £20,000 and G to H £50,000. That fine would apply to each property in the portfolio. If we imagine a portfolio of three properties in the mid-range, that would be an initial fine of £60,000, which could be doubled subsequently for non-compliance. The fines are not insignificant and we think that they are at the right level to encourage compliance.

    DRAFT REGISTER OF OVERSEAS ENTITIES (PENALTIES AND NORTHERN IRELAND DISPOSITIONS) REGULATIONS 2023 · 2023-05-22 · READ IN HANSARD

  44. We think that a significant number of those might not have received the communications and might not be deliberately not co-operating. It is important that any enforcement action taken is proportionate. That is what Companies House is there for. The right hon. Gentleman also made an important point about resources. As he knows, I am totally aligned with him on ensuring that Companies House has the right resources. We are undertaking a body of work with Companies House to determine what resources it needs and how we apply the right registration or incorporation fee—it will be a higher fee than the current £12. There are also annual fees—recurrent fees—for filing, which can also be used to ensure that Companies House has the right level of resources.

    DRAFT REGISTER OF OVERSEAS ENTITIES (PENALTIES AND NORTHERN IRELAND DISPOSITIONS) REGULATIONS 2023 · 2023-05-22 · READ IN HANSARD

  45. It is a pleasure to respond to the important points raised in the debate. The shadow Minister, the hon. Member for Feltham and Heston, asked when the draft regulations come into force. The date they come into force is 21 June. Companies House will be able to impose financial penalties from that date forward. On warning letters, on different occasions Companies House has written to entities that have not registered—to the property of the address they own or to the service address provided to the registry. The right hon. Member for Birmingham, Hodge Hill asked about the number of overseas entities that are not registered. We estimate that there are 32,000 entities and that 29,000 are now compliant, so it is 3,000.

    DRAFT REGISTER OF OVERSEAS ENTITIES (PENALTIES AND NORTHERN IRELAND DISPOSITIONS) REGULATIONS 2023 · 2023-05-22 · READ IN HANSARD

  46. The Economic Crime and Corporate Transparency Bill, which is going through the Lords, includes some additional mechanisms to ensure that we get behind trusts so that they are not used as a vehicle for non-compliance or to avoid the rules. His Majesty’s Revenue and Customs has a great deal of information that is not publicly available for good reason—some people have trusts to protect individuals, such as minors. To conclude, the draft regulations will complement the measures in the Economic Crime (Transparency and Enforcement) Act 2022 to ensure that the register is as effective as possible. I commend them to the Committee. Question put and agreed to . Resolved , That the Committee has considered the draft Register of Overseas Entities (Penalties and Northern Ireland Dispositions) Regulations 2023.

    DRAFT REGISTER OF OVERSEAS ENTITIES (PENALTIES AND NORTHERN IRELAND DISPOSITIONS) REGULATIONS 2023 · 2023-05-22 · READ IN HANSARD

  47. Either way, if it were an entity established now or in future, it would be in breach of the legislation—it would be breaking the law by doing that, by not declaring who the beneficial owner was, in any circumstance. Whether that is through shareholders or directors, it is about the person with significant control. That person does not even have to have a shareholding to be a beneficial owner or a person with significant control, if they exert influence by other means. The legislation is in the right place, though enforcement is a different matter, of course, and we must ensure that the relevant enforcement agencies have the resources they need. The final point was on concerns about trusts.

    DRAFT REGISTER OF OVERSEAS ENTITIES (PENALTIES AND NORTHERN IRELAND DISPOSITIONS) REGULATIONS 2023 · 2023-05-22 · READ IN HANSARD

  48. However, the Government are not suggesting we go that far.

    STRIKES (MINIMUM SERVICE LEVELS) BILL · 2023-05-22 · READ IN HANSARD

  49. This Bill was introduced with the intention of balancing the ability to strike with the rights and freedoms of the public, by applying minimum service levels on strike days to protect the lives and livelihoods of the public. We should not ignore the fact that the economic costs of these strikes have been estimated at around £3 billion, and much of that impact falls on business sectors that are already facing difficulties, such as the hospitality sector. The Bill brings the UK into line with many other countries: Spain and France have statutory minimum service levels in ambulance services and they also, along with Belgium, have statutory minimum service levels in fire services. In some countries, such as the United States of America, Australia and Canada, some services are prohibited from taking any strike action altogether.

    STRIKES (MINIMUM SERVICE LEVELS) BILL · 2023-05-22 · READ IN HANSARD

  50. All jurisdictions differ, and the way that minimum service levels are set differ. Some are set by the Government; we have done that, through consultation with stakeholders, and we will decide what the right level of minimum service will be. All jurisdictions differ somewhat, but the key point is that in many jurisdictions there are restrictions placed on the ability to strike.

    STRIKES (MINIMUM SERVICE LEVELS) BILL · 2023-05-22 · READ IN HANSARD