(3 years, 6 months ago)
Lords ChamberI thank all noble Lords for participating in this short debate, and I thank the noble Baroness, Lady Hayter, for the amendment and the noble Baroness, Lady Blake, for presenting it so ably. I welcome the opportunity to consider the important issue of mutual recognition of statutory audit qualifications in the UK and the audit qualifications in other jurisdictions.
The Companies Act 2006 provides that these may be agreed on a reciprocal basis by the Financial Reporting Council—FRC—on behalf of the UK Secretary of State, with the competent authority of an overseas jurisdiction. Amendment 34 would give the FRC the discretion to relax the standards of compliance that overseas qualifications must meet before they can be recognised in the UK. It would not compel the FRC to relax those standards but would enable it to do so where it considers this appropriate as part of a reciprocal agreement.
The UK’s audit sector is highly respected and valued both domestically and across the world. The Government are currently consulting on the White Paper Restoring Trust in Audit and Corporate Governance. These reforms are needed because there have been a number of examples of poor practice and poor standards in UK corporate audit that have risked the UK’s reputation as a safe and trusted place to do business—a number of noble Lords, including the noble Lord, Lord Palmer, have just mentioned this. We therefore need to be careful when considering the framework to allow individuals to undertake statutory audit in the UK to ensure that it is robust and maintains the UK’s high standards and reputation.
While this amendment would only provide the ability for the regulator to apply looser requirements to recognising other nations’ qualifications, it would open the door to concerns of loosening standards and reduced oversight. It would also expose the regulator to pressures to use the flexibilities provided in cases where this might not be in the best interest of the UK profession or its clients. The statutory audit profession in the UK has a comparatively strong reputation internationally for the standards that it maintains. The Government are working hard to maintain this reputation, and we would not wish either the UK’s standards or its reputation to be devalued.
The Government acknowledge that an essential part of maintaining our standards and reputation internationally is to seek to influence developments in corporate reporting and audit by building links to other regulators that are prepared to uphold comparable standards. The ability for UK auditors and those with comparable qualifications overseas to exchange and transfer experience is an important part of this.
The noble Baroness, Lady Blake, asked why the audit reform was not included in the Queen’s Speech. The reform of audit and corporate governance is a priority for Ministers. We have promised to legislate on an appropriate timetable, and the Government do not intend to add new requirements at a time when they would hold back businesses’ recovery from the pandemic. By the time of presenting proposals to Parliament, the Government want to be confident that they are effective and command broad support. Consultation on the Government’s White Paper is open until 8 July, and Ministers look forward to contributing to the BEIS Select Committee’s inquiry into the delivery of audit reform.
I believe that the regulator can already make agreements with international counterparts to this end, so I ask the noble Baroness to withdraw her amendment.
I have received a message from the noble Baroness, Lady Noakes, who wishes to speak.
Could my noble friend the Minister explain why, in Clause 1, which we know will be applied largely to the medical professions—we are therefore dealing with patient safety—it is adequate for medical professions if
“a specified regulator of the specified regulated profession has made a determination that the overseas qualifications … demonstrate substantially the same knowledge and skills”,
but, somehow, a different standard is implied when the much more mundane activity of auditing is involved? I do not quite understand how the Minister can have one view of the medical professions and another of what happens in the accounting profession. Can she explain that contradiction?
My Lords, I declare an interest as I know people who have used the services of St Andrews in Harrogate and my noble friend Lady Harris of Richmond is president of that institution. It provides specialist physical and mental health support to police officers. It is uniquely valuable because the treatment may be the same as treatment obtained elsewhere, but the therapists understand the conditions under which police officers sustained their injuries, which is very important.
A lot of speakers have talked about the perils that police officers face at the moment because the Covid legislation has been badly communicated by the Government and ignored by the Prime Minister’s adviser, which has led to tensions for understandable reasons. Police officers never know when they go on duty whether a person or situation might suddenly blow up and get out of hand. It is therefore important that we see this order as something that applies generally throughout policing. I am glad that we are discussing it today because ongoing scrutiny of government is important, even on matters such as this where there is a fair degree of agreement.
This order is made as a consequence of the Victims and Witnesses Act (Scotland) 2014 and was requested by the Scottish Government. The Act was passed seven years ago. Why has it taken so long? What was the hold up and who was responsible? I ask because my Scottish Liberal Democrat colleagues Alison McInnes and Liam McArthur at Holyrood have been asking this question consistently since the Act was passed. Each time they were assured that preparatory work was ongoing, yet this legislation has yet to go before the Scottish Parliament. The Minister said in his introduction that the statutory instrument would be debated by the Scottish Parliament after the Summer Recess. Can he tell us when we can reasonably expect the first restitution orders under this legislation to come about?
How many incidents involving the abuse of police officers and civilian staff, who may, for example, be working in custody suites—this applies to them, too—would have been subject to this order had it been in force at any point over the past seven years? The orders might go some way to acting as a deterrent, but we need to know how many officers would have benefited from additional support had it been imposed. Where exactly will the money raised by the order go? Do we know how much restitution orders are estimated to raise every year? Can we potentially establish how much money police support services have missed out on and how much they can expect to obtain in coming years?
Noble Lords have made the point that it is up to the court and the DWP to exercise judgment in these matters and that they may decide not to levy a fine or to impose a restitution order if to do so would be injurious to the circumstances of the person or their family. Offenders can appeal against the imposition of a restitution order or the amount imposed, or to the DWP if they feel they cannot make the payment. How would they do that? Are they able to do so without having to seek further public funds to exercise that right?
My noble friend Lady Northover said that an impact assessment has not been provided for this instrument, and indeed it has not, so it is therefore difficult to gauge the administrative cost of implementing this order. On what basis—
May I remind the noble Baroness of the speaking time limit?