Financial Services Bill

Debate between Lord Duncan of Springbank and Lord Lucas

Committee stage & Lords Hansard
Wednesday 3rd March 2021 Grand Committee

[The Deputy Chairman of Committees (Lord Duncan of Springbank) (Con)]

I call the next speaker, the noble Lord, Lord Rooker.

[Lord Lucas (Con) [V]]

My Lords, I am still going—I have a number of other amendments. Is the Committee not hearing me?

[The Deputy Chairman of Committees (Lord Duncan of Springbank) (Con)]

Please continue—sorry. It was a pregnant pause.

[Lord Lucas (Con) [V]]

Amendment 62 looks at joint debt situations, for instance between a wealthy husband and an impoverished wife where it is the wife who has the breathing space moratorium. Under those circumstances, it is not obvious that the wealthy husband should have the benefit. The amendment therefore asks whether, under some circumstances, the moratorium should not apply to all parties to a debt.

Amendments 63 and 64 are really just opportunities to ask the Government whether this scheme is ready to go. A lot of pressure has been placed on the Insolvency Service and the courts in the course of Covid. Are we actually in a position to launch a working system? If not, should there not be some arrangement to allow delay to ensure that, when the launch comes, it is successful?

Amendment 65 looks at situations where a debtor gets the benefit of a breathing space but then just does nothing and does not engage with the breathing space process in any way. It asks: should there not, under those circumstances, be some incentive—something that the debtor loses by not engaging with the process?

Amendment 66 looks at the situation of a creditor that has taken its debt to the point of commencing legal action and then faces a breathing space process. That is fine, but should not the position that the creditor has got into be finalised so that things can be picked up again afterwards if they need to be, rather than having to be started again at considerable expense to the creditor? Should not the system recognise—[Inaudible.]

I appreciate that these are complicated and detailed amendments. As I said, I would entirely accept written correspondence, and I shall be grateful for anything the Minister says today. However, they reflect an industry that is looking to make a success of both sides of the breathing space initiative but is concerned that some details are not provided for in the regulations as they exist at the moment.

Now I have finished.

[The Deputy Chairman of Committees (Lord Duncan of Springbank) (Con)]

Thank you for the clarification. I call the next speaker, the noble Lord, Lord Rooker.