Draft Financial Services and Markets Act 2000 (Ombudsman Scheme) (Fees) Regulations 2024
(1 day, 10 hours ago)
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The Economic Secretary to the Treasury (Tulip Siddiq)
I beg to move,
That the Committee has considered the draft Financial Services and Markets Act 2000 (Ombudsman Scheme) (Fees) Regulations 2024.
It is a pleasure to serve under your chairship, Mrs Harris. These regulations are made under powers in the Financial Services and Markets Act 2023. The Committee may be aware that the Secondary Legislation Scrutiny Committee raised this statutory instrument as an instrument of interest in its second report, which was published on 5 September.
This instrument will enable the Financial Ombudsman Service—the FOS, as it is commonly known—to charge case fees to claims management companies and relevant legal professionals when they bring cases to the FOS on behalf of complainants. The FOS enables consumers and financial services firms to resolve disputes without having to go through the courts, which can be expensive and time consuming for both parties. To deliver a service that is cost-free to consumers, the FOS is funded by a combination of case fees paid by firms subject to complaints and an annual levy on industry. The FOS is designed to be an accessible service that consumers can use for free, and the majority of consumers raise their complaints directly with the FOS.
However, some consumers choose to use claims management companies or legal professionals to bring claims to FOS on their behalf. Collectively, they are known as professional representatives. These professional representatives normally take a cut of any compensation awarded as payment for their services. This payment can be as much as 30% of the compensation awarded to a consumer. Currently, while these professional representatives can make money from bringing a case to the FOS, they cannot be charged for doing so.
Many of these professional representatives act responsibly, but there is evidence that some are taking advantage of the cost-free nature of the service that the FOS provides. Rather than properly assessing complaints and taking forward those with merit, these representatives submit large numbers of complaints that are poorly evidenced. This behaviour is negatively impacting the ability of the FOS to promptly resolve other consumer complaints. As firms are required to pay a case fee of £650 regardless of whether or not a complaint is upheld against them, this practice also has significant costs for industry.
Firms subject to large numbers of complaints from professional representatives can face significant bills in case fees, despite not being found to have committed any wrongdoing at all. The Government have also noted concerns that firms experiencing this treatment might feel pressured into settling claims early. In order to reduce the overall cost to a firm, they may simply offer to settle for an amount below the £650 case fee, even where they feel that the claim itself is without merit.
In order to address those exploitative practices, the regulations will enable the FOS to charge a case fee to professional representatives for bringing complaints on behalf of claimants. This will ensure that there is a financial incentive for those professional representatives to carefully consider the merits of any cases that they are bringing. There will now be a cost to flooding the Financial Conduct Authority with templated complaints that have a low chance of success. Charities bringing complaints on behalf of consumers are not included in the instrument and will therefore not be charged by the FOS. Of course, the FOS remains completely free for consumers to access directly. The FOS will be responsible for determining exactly who is charged and any level of fee. This is in line with how the system already works for financial services firms subject to complaints.
In anticipation of this instrument, the FOS consulted on its proposed detailed approach to charging fees to professional representatives. It published a statement on 15 November detailing the feedback it had received to the consultation, and its initial response. In that feedback statement, subject to Parliament approving this instrument, the FOS proposes that professional representatives will be charged a fee of £250 for each case they bring. When the FOS finds in favour of the claimant represented by the professional representative, the fee will be reduced to just £75. In addition, each professional representative will not be charged for the first 10 cases that they bring each year. In that way, we hope, the FOS has sought to disincentivise bad behaviour while ensuring minimal impact on those professional representatives bringing cases with merit.
If this instrument is approved, the FOS will confirm its final plans, having considered the responses to its consultation. The approach taken through this SI ensures that the FOS will remain cost-free to consumers while ensuring that the poor behaviour of some professional representatives does not undermine the ability of the FOS to deal with consumer complaints properly. I therefore commend the regulations to the House.
Mark Garnier (Wyre Forest) (Con)
I think the Minister and I are going to have an outbreak of unanimity in just about everything we do; we have yet to find something we disagree on. Members will be aware that this legislation was originally due to be implemented in May, but we got caught up in a bit of a general election, which unfortunately did not go quite so well for us. The Opposition therefore fully support the instrument, as Members would imagine.
The Minister made a good point about why the regulations are incredibly important: there are far too many people gaming the system. To support what she was saying, banks incur a great deal of costs as a result, and those costs are inevitably reflected on to consumers; so although it sounds in the first instance like the claims management companies are doing everybody a favour, they are actually increasing the cost of financial services for absolutely everybody. We are therefore wholly supportive of this instrument.
I have a couple of questions. To make sure the instrument does not affect some people badly, can the Minister set out how the Treasury proposes to monitor the changes to ensure that they go according to plan and that, where there is a two-tier system, vulnerable people do not unwittingly find themselves not represented if they use a claims management company?
My other question is on a technicality, and the Minister may not know the answer. The first 10 claims are free of charge for professional representatives. After that, claims cost £250, reduced to £75 if they are successful. Can claims management companies put in class actions—for example, a claim for 1,000 people 10 times—hoping to get a lot of people covered, and thereby potentially increasing the return they could get for each claim, since it is a class action rather than an individual claim, or is the intention that each claim will be an individual case, rather than a group of cases? If the Minister does not know the answer to that now, she should feel free to write to me.
We have absolutely no intention of opposing the instrument. It is a fantastic piece of legislation, brought in by the previous Government, and it is good to see that it has survived the general election, unlike the Minister who signed it off in the first place.
Tulip Siddiq
I thank the shadow Minister for his support so far on all the SIs we have debated; long may it continue, but I have a feeling we may disagree on some things in the future. There was cross-party support for the enabling power behind the instrument when it was debated during the passage of the Financial Services and Markets Act 2023. He will remember that at the time, I also supported the then Government, because a lot of the legislation was fit and right for the sector.
We are committed to tackling poor behaviour from professional representatives, as were the previous Government. We want to ensure that the FOS can focus on promptly resolving consumer complaints, as the shadow Minister said, and to reduce the impact of complaints on financial services firms when they are not appropriate.
The shadow Minister asked how long it will take the FOS to implement these rules and how we will monitor them. If the SI is approved, we expect that the FOS will shortly announce when it will start to charge fees. We will then work closely with the FOS and the FCA to progress that important work. There is not really a deadline on it; we just have to see how it progresses after the SI. I guess those organisations are waiting for us to approve the SI before they take on the work, but as he can imagine, we work closely with the FCA and the FOS to monitor progress.
I am afraid I will have to come back to the shadow Minister on his technical question, because I am not sure that we have any answers. It looks like my officials want me to write to him, if that is okay.
I thank the Committee for its consideration of the draft regulations. They may sound simple, but they will have a huge impact on people bringing complaints and how much that costs them. They will play an important role in ensuring that the FOS can properly focus on resolving consumer complaints, a lot of which will come from people who live in our constituencies, and reduce the impact of spurious complaints on financial services firms.
I thank all hon. Members for supporting me and for turning up on a Monday evening.
Question put and agreed to.
Draft Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2024
(1 day, 10 hours ago)
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The Committee divided: - Ayes: 10 / Noes: 4 - Question accordingly agreed to.
Sir Roger Gale (in the Chair)
Members may remove their jackets if they wish to, if they are hardy or foolhardy enough.
The Parliamentary Under-Secretary of State for Energy Security and Net Zero (Kerry McCarthy)
I beg to move,
That the Committee has considered the draft Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2024.
As always, it is a pleasure to see you in the Chair, Sir Roger. The draft order was laid before Parliament on 22 October 2024. To give a bit of background, the UK emissions trading scheme was established under the Climate Change Act 2008 by the Greenhouse Gas Emissions Trading Scheme Order 2020, as a UK-wide greenhouse gas emissions trading scheme contributing to the UK’s emissions-reduction targets and net zero goal. The scheme is run by the UK ETS Authority, a joint body comprising the UK Government and the devolved Governments. Our aim is to be predictable and responsible guardians of the scheme and its markets.
We have introduced this statutory instrument to enable several important changes and improvements to the scheme. It resets the UK ETS cap to be in line with the top of the net zero-consistent range. The cap sets a limit on how many allowances can be created over the trading period, which runs from 2021 to 2030, and in each year. That level reduces over time to drive down total emissions. When the scheme was established, the cap for the legislated period of the UK ETS—from 2021 to 2030—was set at 5% below the UK’s expected notional share of the EU ETS cap for the same period. However, that was not consistent with the UK’s net zero trajectory for the traded sector. This statutory instrument brings the overall UK ETS cap in line with our net zero target and carbon budgets under the Climate Change Act.
The statutory instrument also reduces the industry cap, which is the total number of allowances that can be made available to existing installations for free if no cross-sectoral correction factor mitigation is applied. The SI reduces the absolute level of the industry cap while increasing its proportion of the overall cap. While the share of allowances set aside for this purpose will increase from 37% to 40%, the reduction in the overall UK ETS cap means that the industry cap will fall. That will help to mitigate the risk of carbon leakage across participating sectors while maintaining an effective incentive to decarbonise.
The statutory instrument creates a flexible reserve of allowances for maintaining market stability and sufficient carbon-leakage mitigation. In addition to allowances specifically created for the reserve, unallocated free allowances from the industry cap and designated free allowances that are returned by operators due to changes in participant eligibility or activity level reductions will also stock the flexible reserve. The flexible reserve can be used to increase the allowance supply for market-stability purposes if the cost-containment mechanism is triggered. The flexible reserve can also mitigate the application of the CSCF through a uniform reduction to all eligible existing participants’ free allocation if the eligibility for free allocation exceeds the industry cap.
I will move on to venting and flaring. Under current legislation, carbon dioxide released through flaring in the upstream oil and gas sector is included in the UK ETS, as it is within the scope of the regulated activity of combustion. This SI introduces CO2 that is released through venting in the upstream oil and gas sector into the scope of the UK ETS for installations already covered by the scheme. That means that such emissions will also be subject to a carbon price.
The controlled processes of venting and flaring can sometimes be essential for safety purposes. They are also used in more routine situations where the oil and gas hydrocarbons are unable to be used, exported, or reinjected without CO2 being removed. The removed CO2 can then be released in the process of flaring, when waste gas, including the stripped-out CO2 as well as combustible elements, is ignited, or in the process of venting, when unignited gas is released through a vent. The legislation will remove a perverse incentive whereby operators could routinely vent gas that contains carbon dioxide without it being subject to a carbon price, even though it would, if flared, constitute reportable emissions for the purpose of the scheme.
I will now move on to Northern Ireland. In line with the original policy intent, the statutory instrument extends legislative amendments made by the Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2023 to Northern Ireland. The amendments include capping the aviation free allocation at 100% of emissions, clarifying the treatment of carbon capture and storage plants, and freeing the allocation rules for electricity generation.
In 2022, a memorandum of understanding between the UK and Swiss Governments was signed, setting out the intention to include flights from the UK to Switzerland in the UK ETS. Such flights were brought into the UK ETS scope on 1 January 2023 by the Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Order 2022. The statutory instrument extends the scope to cover flights that depart from an aerodrome in Northern Ireland and arrive at an aerodrome in Switzerland.
Scheme regulators are responsible for enforcing compliance, including operational functions such as the issuing of penalties. The statutory instrument makes a number of amendments to the levels of scheme penalties to ensure the consistency and proportionality of enforcement for all operators. It also introduces a new deficit notice, with an associated penalty, to strengthen the enforcement of the fundamental scheme obligation to surrender allowances equal to an operator’s annual emissions.
Finally, the statutory instrument makes several corrections and clarifications to existing legislation. The changes follow appropriate and comprehensive consultation with stakeholders. In the “Developing the UK Emissions Trading Scheme” consultation in 2022, the UK ETS Authority considered proposals on changes to the rules for sectors covered by the UK ETS to ensure that more greenhouse gas emissions were covered by the scheme, along with changes to the cap.
The authority response to the consultation was published in two parts, in August 2022 and July 2023. A majority of respondents agreed with the UK ETS Authority proposals on creating a flexible share reserve of allowances, on bringing venting in the upstream oil and gas sector into the scope of the ETS, and on the addition of a new penalty and deficit notice. Several respondents expressed concern regarding the reduction of the cap and the changes to the industry cap; an assessment of these responses informed the decision to set the cap at the top of the net zero-consistent range.
Between 23 February 2024 and 8 March 2024, the UK ETS Authority ran a targeted consultation on the minor penalty amendments. The responses to this consultation were in broad agreement with the proposals, or noted that they were not affected by them. The authority response has been published in advance of the laying of this statutory instrument.
The changes in the draft order will deliver on commitments made by the UK ETS Authority and improve the operation of the scheme. The alterations to the UK emissions trading scheme will support its role as a key pillar of the UK’s climate policy. They show that we will take action to extend and improve the scheme where necessary. I commend the draft order to the Committee.
Andrew Bowie (West Aberdeenshire and Kincardine) (Con)
It is, as ever, a pleasure to serve under your chairmanship, Sir Roger. Nothing could bring me greater pleasure than to be here this evening to discuss this SI.
The previous Government brought the emissions trading scheme into UK law to provide continuity during the Brexit transition, and our framework became operational from January 2021. We did that to provide a mechanism for industry and to reduce emissions using cap and trade, to allow the market to take responsibility for our journey towards net zero.
As the Minister said, this draft order makes a number of changes to the legislation. It expands the scope to include flights from Northern Ireland to Switzerland, in line with the Great British standard. That was not previously possible due to the absence of the Northern Ireland Assembly. The draft order brings carbon dioxide venting from upstream oil and gas installations under the scheme. It also enacts the reduction in the cap on allowances and strengthens enforcement and penalties for non-compliance, including by introducing the deficit notice, and it accounts for a reserve price for stability during excessive market volatility.
When the UK-wide greenhouse gas emissions trading scheme was introduced in 2020, it was decided that its purpose was to encourage cost-effective emissions reductions that will contribute to the UK’s emissions-reduction targets and net zero goal. Today, we address the draft order in the context of satisfying that ambition. We all have a common ambition when it comes to tackling climate change, and the introduction of the cap-and-trade scheme was a component of our national efforts towards that. However, as we know, that comes at a cost, and there are inevitable trade-offs.
We have seen recently that the Labour Government’s climate policies take precedence over any financial or economic concerns—through the damage done to the North sea oil and gas industry with the extension of and increase to the energy profits levy and the ending of investment allowances, through the £58 billion cost of the Secretary of State’s plan to decarbonise the grid, and through the new ambition for an 81% reduction in omissions by 2035, with no detail on how that will be achieved. On that point, will the Minister clarify whether it is indeed the Government’s policy to see the carbon price rise to £147, as necessitated by the National Energy System Operator report? If so, what assessment has been made of the impact of that huge increase on employment, industry and households?
Specifically on this statutory instrument, and in the context of the Government’s overall energy strategy, we have serious concerns about the direction of travel, and particularly about the Labour Government’s continued attack on our North sea industry. The SI includes within the scope of the UK ETS upstream oil and gas sector activities such as carbon dioxide venting. Although that may incentivise lower emissions, it imposes significant new costs on companies that are already navigating a complex and changing regulatory environment.
There is also a concern regarding carbon leakage. As a result of the growing burdens on the North sea companies, we will see an exodus to more price-competitive, unregulated markets for production. That will not reduce omissions overall, but it will ensure that the UK sees none of the benefits. The Minister spoke about the protections against carbon leakage; I would be grateful for some more detail on that, if she would be so kind.
His Majesty’s Opposition would like to put on the record our concerns regarding the Government’s direction of travel, and we urge them to look again at the scale of anti-industry measures being continually levied on the North sea. For the sake of employment and the economy, the supply chain companies investing in new clean technologies, our energy security, and the employers and further investment that will suffer as a result, we will vote against the SI.
Kerry McCarthy
I thank the shadow Minister for his contribution. As I said, the UK emissions trading scheme is a key pillar of the UK’s net zero policy regime. I am slightly surprised by his decision not to support the SI —perhaps not from a political point of view, but because I am pretty sure that if he was still in the Department occupying the post I am in now, he would have supported the measures. As I said, they are just about ensuring that the scheme retains its credibility and moves forward and adapts to circumstances.
With the Northern Ireland Assembly established, it is absolutely common sense that Northern Ireland should be treated in the same way with regard to venting and flaring—
Kerry McCarthy
I am glad the shadow Minister agrees on that. He asked a specific question about the pricing. As the market conveners, we cannot comment on the price. I will leave it at that, other than to say that the market determines the price of the allowances, and opting for the top of the net zero-consistent range means that more allowances will be available while we can still deliver against our net zero trajectory.
The shadow Minister also brought up some broader issues about carbon leakage. Again, there will be plenty of opportunities to debate the issue, but we are absolutely committed to providing certainty to industry about the steps we will take to protect against carbon leakage. That is why in July 2023 the overall level of free allocations that will be provided from 2026 were set out. We have since consulted on how best to target those free allocations from the next allocation period, to ensure the smooth functioning of the market and the continued protection of at-risk sectors.
As the shadow Minister will know, the UK Government have announced that from 2027 a UK carbon border adjustment mechanism will be in place for certain at-risk sectors, and the authority has consulted on aligning free allocation charges with the start of that CBAM. I assure him that the UK ETS Authority will work the UK Government to ensure that a CBAM will work cohesively with the UK ETS, including with free allowances. No doubt that will be revisited—perhaps in this very room —over the coming months.
The draft order is a key part of our net zero policy regime. We believe that the maintenance of a strong UK ETS will play a key role in making Britain a clean energy superpower and in delivering our mission of having secure and clean electricity by 2030. By driving green investment as part of our industrial strategy, the UK ETS will also help to deliver a just transition, thereby growing the UK’s economy and securing good jobs for people throughout the country.
As I said, the changes proposed in the SI will bring in a net zero-consistent cap. I remind the shadow Minister that it was his Government who legislated for net zero, and at one point they were proud of having done that. The SI will also alter the industry cap and expand the scope of the ETS to the venting of CO2 in the upstream oil and gas sector. The change follows a comprehensive consultation on developing the UK ETS that was carried out in 2022. The proposals deliver on commitments made in the response to that consultation in July 2023, when the UK ETS Authority set out a comprehensive package of reforms to the scheme. The proposals have the long-standing support of the four Governments of the UK.
We, as part of the UK ETS Authority with the devolved Governments, are determined to manage and improve the scheme effectively. Our aim is to be predictable and responsible guardians of the scheme and its markets. We are committed to being attentive to views and to carrying forward changes as required to ensure that the scheme operates efficiently to achieve emissions reductions. The changes to the UK emissions trading scheme in the SI will support the scheme’s role as a cornerstone of the UK’s climate and net zero policy. I therefore commend the draft order to the Committee.
Question put.