(7 years, 9 months ago)
Lords ChamberI certainly do not take such a gloomy view of the products. The NS&I investment bond, which we started on, gives a rate of 2.2% for three years. That is significantly higher than the market average of 1.38%. Savers know that they can trust products offered by NS&I. Obviously, rates of return on savings products have come down and that has to be reflected, but the £7 billion of additional government financing will be at a cost of £295 million compared to borrowing through gilts.
My Lords, while ISAs have their place, does the Minister not agree that pension schemes are the more attractive—and, tax-wise, the more generous—vehicles for people to save for their retirement? Does she also agree that many people have perhaps been mistaken in cashing in their pensions and incurring tax liabilities, when it would have been better for them to leave them to accrue for the ultimate stage of retirement?
I agree with my noble friend. The Government are at pains to make sure that our communications draw attention to the value of pensions on automatic enrolment, because of course the employer makes a contribution as well as the employee, and this has been a very important reform. However, ISAs, which now have an allowance of £20,000 from next month, and the lifetime ISA, which is particularly helpful to younger people and the self-employed, also have a place. We want to encourage people to save and I am glad that we are doing so.
My Lords, I am curious to know what the minimum value envisaged is in the amendment from the noble Earl, Lord Clancarty. It seems to me that unless those minimums are fairly substantial—maybe a million but certainly in the hundreds of thousands—then it would make a complete shambles of the antique and flea market industry. People can know one generation of owner but they are never going to know the previous generation of owner. Therefore, a passport can operate only where it is clearly an item of substantial value and has had that value for some time.
My Lords, I would like to start by addressing Amendment 18. I thank the noble Earl, Lord Clancarty, for the work that he does in this House as an advocate on behalf of the creative industries. Aided by his background as an artist and a writer, he provides a voice in the House for a community that contributes an awful lot to our cultural fabric.
I believe that auctioneers and traders have an important role to play in providing information about the history and background of the items that they sell. That allows the UK’s lawful—I hope—and vibrant marketplace for arts and antiquities to flourish and grow, as many have said.
I have some concerns about the amendment that the noble Earl has tabled with support from the noble Baronesses, Lady Bonham-Carter and Lady Northover, the noble Lord, Lord Redesdale, and my noble friend Lord Renfrew. Perhaps I can explain why.
First, I continue to believe that it is appropriate to allow the art and antiquities trade to regulate itself. The established trade associations possess codes of ethics by which they expect their members to abide, and we expect the associations to strictly enforce those codes. The codes require that members undertake not to purchase, sell or offer any item of property that they know has been stolen, illegally exported or illegally excavated. Furthermore, we believe that the Dealing in Cultural Objects (Offences) Act 2003, along with the new offence that we are creating, provides a sufficient incentive for legitimate dealers to ensure that they do their due diligence and pass on relevant information concerning the provenance of an object.
The lack of prosecutions—although there has been one—does not mean that the Act has had no effect. It has had a successful deterrent effect, as was rightly noted by my noble friend Lord Inglewood.
I am determined to minimise costly bureaucracy for businesses unless there is a strong case for it being necessary. To my mind, this amendment would be disproportionate, considering that there are, and have been since 1956, very few occupied territories around the world. Thus the number of objects unlawfully exported from such territories is likely to be very low. Given the extremely limited scope of cultural objects that would be classed as unlawfully exported from occupied territory, a measure requiring the provision of detailed information with regard specifically to whether any item of cultural property for sale in the UK has been unlawfully exported from an occupied territory would not be proportionate. To have a statutory passport for items, as some have said, seems like a big burden. It could also, of course, further disadvantage London as a centre for the art and antiquities trade—that would be a perverse effect.
Secondly, I would like to touch on the human rights issue, which has not been given particular prominence. We are concerned that this amendment would infringe Article 8 of the European Convention on Human Rights because the collection and retention of the names and addresses of all previous owners would interfere with the right to respect for private and family life, home and correspondence. That cannot, in our opinion, be justified as necessary for achieving the aim of protecting cultural objects.
I turn finally to one of the amendment’s more specific points, which was obliquely referred to by my noble friend Lord Flight, who joined the debate. Monetary value is not an appropriate way of determining whether an object should be covered or not. Such objects may have a significant historical or emotional value for the communities from which they were removed, but not necessarily a high monetary value. That deals with our reservations about Amendment 18.
(8 years, 7 months ago)
Lords ChamberThe latest Apprenticeships Evaluation survey found that nine in 10 of recent completers of apprenticeships were either in part-time or full-time employment after finishing their apprenticeships, so we are seeing people getting into the labour force. The reason that I love apprenticeships is that they give a portfolio or skillset which you can take elsewhere. That allows people the opportunity to move around. The whole point about the changes in apprenticeships is to make the employers lead. If they decide what is needed, it ensures that people stay in the workforce—and often with the employers that they first started with.
May I draw the Minister’s attention to the contribution made by the Baker-Dearing university technical colleges? They are teaching both vocational skills and standard O-levels and A-levels. This enables the people attending and coming out of them to do much higher-quality apprenticeships, in the spirit of the noble Lord’s Question.
My noble friend is completely right. These colleges are extremely useful. Of course we need to upskill and uptool for the changing economy that we have.
I am delighted that the noble Lord mentioned LEPs because, of course, LEPs bring together chambers of commerce, business interests and local authorities. The growth hubs that I mentioned are indeed part of that LEP network, which already has 31 hubs and will have 39 by next April.
My Lords, does the Minister agree that the Government’s Enterprise Investment Scheme has been a tremendous help to small businesses in providing risk equity capital? Is she aware that the requirements forced on the UK by the EU Competition Commissioner, in order to meet the state aid requirements, are going to severely reduce the likely flows of risk equity money to SMEs under the EIS?
My Lords, I am grateful to my noble friend Lord Flight for his comments and for the work done by the absent noble Earl, Lord Kinnoull. I am very grateful to my noble friend Lady Noakes for injecting realism into our discussion this evening. I agree that Clauses 20 and 21 are very important and overdue, and should improve London’s reputation, as the noble Lord, Lord Lea of Crondall, said.
The Government and the Law Commissions that first developed the clauses have been keen to find a solution which would satisfy all stakeholders, allowing the London market to support the provisions. I am grateful to the market for its continued efforts. The latest amendments proposed by industry stakeholders relate to the complex legal areas of limitation periods and legal privilege.
I will deal first with Amendment 61, but I should say at this point that the Government have more sympathy for Amendment 62, which I will come to. The starting position in both areas is that the default rules should apply unless there is a very strong justification for making special exceptions for particular circumstances.
Amendment 61 seeks to answer some insurers’ concerns that they will be forced to disclose legal advice they received in relation to the underlying insurance claim if they seek to show they had reasonable grounds for disputing that claim. Whether an insurer has reasonable grounds to dispute an insurance claim is an objective question, based on the substance of the grounds themselves rather than whether the insurer has received legal advice in relation to them. The insurer can establish these grounds without waiving privilege by setting out the grounds for dispute in its pleadings or by relying on the content of its correspondence with the policyholder.
Legal privilege is an important protection for parties, particularly during ongoing litigation. But the existing rules concerning waiver of legal privilege already balance the competing interests in the question of when legal advice should become disclosable. This amendment threatens to put policyholders at a disadvantage, which is not justified by a corresponding need on the part of insurers.
We have read the further legal opinion, which my noble friend Lord Flight kindly sent to me today. However, legal privilege is a complex topic which has been developed over the years by the courts and should not be changed in a specific context without very good reason. While I note all the work that has been done, the Government, like my noble friend Lady Noakes and the noble Baroness, Lady Hayter, are not convinced that such good reasons exist here. I therefore ask my noble friend to withdraw Amendment 61.
The Government have “some sympathy”, to pick up the wording quoted by the noble Baroness, Lady Hayter, with Amendment 62, which relates to limitation. Some insurers have argued that the vast number of claims they deal with on a daily basis means that they need to know when they have satisfied all their liabilities in respect of a certain claim. I agree that it does not seem unreasonable to expect a policyholder to bring a late payment claim within a year of being paid the substantive insurance claim or the final payment under it.
It appears that Amendment 62 would increase certainty for insurers without materially prejudicing policyholders. It might even have the effect of encouraging insurers to make that final payment, to commence the one-year period for any subsequent late payment claim and bring the matter to a close. If that were the case, it would, of course, be a benefit to policyholders.
To that end, I believe that the amendment at least deserves further consideration. I agree that the policy intention behind it might represent an improvement to the late payment clause, which could be in the interests of both policyholder and insurer. In the light of this debate, I would like to explore the details of this possibility further and to discuss it with all interested parties. In the circumstances, I hope my noble friend will not move Amendment 62.
My Lords, I thank the Minister for her professional and courteous reply. I am grateful that the Government are willing to further consider the issues raised in Amendment 62. With regard to Amendment 61, I say simply that I hope the relevant individuals will read the Edelman opinion. The bottom line is that if Clause 20 goes through as it is, it opens the door to vexatious litigation. But I thank the Government for their response and beg leave to withdraw the amendment.