Asked by: Lord Sharkey (Liberal Democrat - Life peer)
Question to the HM Treasury:
To ask His Majesty's Government what assessment they have made of (1) the estimated annual volume of cases referred from the Financial Ombudsman Service to the Financial Conduct Authority under the referral mechanism contained in the Financial Services and Markets Bill currently before the House, (2) the Financial Conduct Authority's operational capacity to handle these referrals efficiently, and (3) the overall effect of this process on the timeliness of dispute resolution for consumers.
Answered by Lord Pitt-Watson - Parliamentary Secretary (HM Treasury)
The referral mechanism in the Financial Services and Markets Bill is designed to ensure consistent application of the standards set by the Financial Conduct Authority (FCA) in Financial Ombudsman Service (FOS) determinations. It will support the efficient resolution of complex complaints where the FOS considers there is ambiguity in a relevant FCA rule and that is relevant to its determination of a complaint, while preserving the FOS’s ability to resolve the vast majority of complaints without making a referral.
The exact number of referrals will depend on the issues which arise in FOS casework and the extent to which it considers these raise ambiguity or wider implications for financial services firms and consumers. The Government expects that there may be relatively more referrals initially, which will then reduce as clarifications are provided by the FCA – with only a very small proportion of cases being referred even in the early stages.
To prepare for the changes, the FCA and the FOS are operating a trial version of the referral mechanism, which is limited to issues with wider implications. Since July 2025, when they updated their Memorandum of Understanding to agree the trial version, the FOS has made three referrals to the FCA. While the Government would expect more referrals once the new framework covering ambiguity is in place, this supports an assessment that overall volumes will be manageable.
The Bill allows HM Treasury to specify further conditions that must be met for the FOS to make a referral through a statutory instrument. This will allow the Government to address any potential issues that arise during implementation, including making sure that the volume of referrals remains reasonable and supports efficient resolution of cases.
The Bill provides for HM Treasury to set in regulations a timeframe for the FCA to respond to a referral to avoid unnecessary delays. The Government’s consultation response, published on 16 March 2026, confirms its intention is to set this timeframe at 30 days in most cases.
Asked by: Lord Sharkey (Liberal Democrat - Life peer)
Question to the HM Treasury:
To ask His Majesty's Government, further to the Written Answer by Baroness Vere of Norbiton on 13 May (HL4179), when they expect to publish the summary of responses and details of next steps for the Tax Simplification for Alternative Finance consultation, which closed on 9 April.
Answered by Lord Livermore
On 16 January 2024, under the previous Government, HM Treasury published a consultation proposing changes to the Capital Gains Tax (CGT) rules that apply to alternative financial arrangements. The consultation closed on 9 April 2024 and this Government is carefully considering all responses. A response document will be published in due course.
Asked by: Lord Sharkey (Liberal Democrat - Life peer)
Question to the HM Treasury:
To ask His Majesty's Government what assessment they have made of the disparities between conventional and Sharia-compliant mortgage products in respect of the imposition of capital gains tax.
Answered by Baroness Vere of Norbiton
The government is aware of a difference in tax treatment when a commercial or residential property is refinanced using alternative rather than conventional finance methods. In these situations, a capital gains liability may arise for those using alternative financing, when this would not have been the case for those using conventional financing. The refinancing of main homes is unaffected as Private Residence Relief (PRR) applies.
On 16 January 2024, the government published the Tax Simplification for Alternative Finance consultation to seek views on reforms that would address the capital gains issue. The consultation closed on 9 April 2024 and all responses will be carefully considered and a summary of responses will be published in due course together with details of the next steps.
Asked by: Lord Sharkey (Liberal Democrat - Life peer)
Question to the HM Treasury:
To ask His Majesty's Government what, if any, statutory powers the Bank of England has to issue binding directions to (1) the Prudential Regulation Authority, (2) the Financial Conduct Authority, and (3) the Payment Systems Regulator; and on how many occasions in each year since 2007 they have been exercised.
Answered by Baroness Vere of Norbiton
The Treasury has statutory powers to issue directions to the Bank of England, which can only be used under specific conditions or circumstances. None of the powers outlined below have ever been used.
The Bank of England also has powers to direct the Prudential Regulation Authority (PRA), Financial Conduct Authority (FCA) and Payment Systems Regulator (PSR).
Asked by: Lord Sharkey (Liberal Democrat - Life peer)
Question to the HM Treasury:
To ask His Majesty's Government what, if any, statutory powers they have to issue binding directions to the Bank of England; and on how many occasions in each year since 2007 they have been exercised.
Answered by Baroness Vere of Norbiton
The Treasury has statutory powers to issue directions to the Bank of England, which can only be used under specific conditions or circumstances. None of the powers outlined below have ever been used.
The Bank of England also has powers to direct the Prudential Regulation Authority (PRA), Financial Conduct Authority (FCA) and Payment Systems Regulator (PSR).
Asked by: Lord Sharkey (Liberal Democrat - Life peer)
Question to the HM Treasury:
To ask His Majesty's Government what, if any, statutory powers they have to issue binding directions to (1) the Financial Conduct Authority, and (2) the Prudential Regulation Authority; and on how many occasions in each year since 2010 they have been exercised.
Answered by Baroness Vere of Norbiton
The Treasury has a limited number of powers to direct the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA).
It has a power to direct the regulators to take an action if doing so is necessary to fulfil international obligations, or to refrain from action which appears incompatible with international obligations.
The Treasury also has powers of direction which are designed to promote the accountability and transparency of the FCA and PRA. These include the power to direct the regulators to:
These powers have not been used.
The Treasury has a power to direct the FCA and PRA to undertake an investigation of relevant events, where it is in the public interest, in certain circumstances. This power has been used twice: in 2018, to direct the PRA to review the events relating to the supervision of the Co-operative Bank, and in 2019, to direct the FCA to review the events relating to the failure of London Capital and Finance.
The Treasury does not have direction-making powers in relation to the FCA or the PRA regarding the content of their rules, or their approach to supervision and enforcement.
Asked by: Lord Sharkey (Liberal Democrat - Life peer)
Question to the HM Treasury:
To ask His Majesty's Government, further to the announcement of the Mansion House Reforms on 10 July, what progress they have made in recruiting further UK based defined-contribution pension schemes to the Mansion House Compact, beyond the initial nine members.
Answered by Baroness Penn
The Mansion House Compact is a voluntary and industry-led agreement that has been led by the Lord Mayor and the City of London Corporation. Updates on the Compact and signatories are provided by The City of London Corporation on their website (https://www.theglobalcity.uk/insights/mansion-house-compact). There are currently 9 signatories to the Compact.
Asked by: Lord Sharkey (Liberal Democrat - Life peer)
Question to the HM Treasury:
To ask His Majesty's Government, further to the announcement on 4 April 2022 that the Royal Mint has been asked to create a Non-Fungible Token (NFT) in the summer of 2022, how many public or civil servants, expressed as full-time equivalents (1) are, and (2) have, been working on this project; what costs have so far been incurred; what the projected total cost of this project is; and what value for money assessment has been carried out on this project.
Answered by Baroness Penn
The Government announced in April 2022 that the Royal Mint intended to create and issue a non-fungible token. The Royal Mint operates as a commercial business and the cost of designing and offering an NFT would be met entirely out of its own revenues. An update on this work will be provided in due course.
Asked by: Lord Sharkey (Liberal Democrat - Life peer)
Question to the HM Treasury:
To ask His Majesty's Government, further to the announcement on 4 April 2022 that the Royal Mint has been asked to create a Non-Fungible Token (NFT) in the summer of 2022, when this token is likely to be issued; and for what use this token is intended.
Answered by Baroness Penn
The Government announced in April 2022 that the Royal Mint intended to create and issue a non-fungible token. The Royal Mint operates as a commercial business and the cost of designing and offering an NFT would be met entirely out of its own revenues. An update on this work will be provided in due course.
Asked by: Lord Sharkey (Liberal Democrat - Life peer)
Question to the HM Treasury:
To ask His Majesty's Government which of the Chancellor’s proposed reforms to financial services regulation, announced in Edinburgh on 8 December, will (1) require primary legislation, (2) require secondary legislation, (3) be achievable using existing powers; and for each of the proposed reforms that can be made using existing powers, what power they intend to use in each case.
Answered by Baroness Penn
The Edinburgh Reforms, launched by the Chancellor on 9 December, take forward the government’s ambition for the UK to be the world’s most innovative and competitive global financial centre. We are committed to an open, sustainable, and technologically advanced financial services sector that is globally competitive and acts in the interests of communities and citizens across all four nations of the UK.
As part of the Edinburgh Reforms package, several consultations were either launched or trailed. It would not be appropriate to pre-judge the outcome of these consultations, nor how any measures may be implemented when final government policy has yet to be agreed. The outcomes of these consultations will be taken forward in the usual manner and peers will be able to engage in the normal ways depending on the precise form of implementation.
As set out in the Chancellor's written statement, a number of reforms will require secondary legislation. These are:
Additionally, the government will add transactions in certain cryptoassets to the Investment Management Exemption list for tax purposes. The existing list of investment transactions is set out in the Investment Manager (Investment Transactions) Regulations 2014. HMRC is able to make this change using existing powers contained in sections 827(2) and 835S(4) ITA07 and section 1150 CTA10.
Several of the Edinburgh Reforms are also being taken forward as primary legislation through the Financial Services and Markets Bill (FSM). These are the implementation of a Financial Market Infrastructure Sandbox in 2023, the establishment of a safe regulatory environment for stablecoins and the repeal of retained EU law in financial services. The FSM Bill contains provisions that will enable the government to commence the repeal of retained EU law in financial services and implement its replacement, a smarter regulatory framework specifically tailored to the UK, using secondary legislation following the passage of the Bill. The government will also legislate in the Finance Bill to amend the tax rules for Real Estate Investment Trusts.