Transfer of Functions (Dormant Accounts) Order 2010

Baroness Butler-Sloss Excerpts

Tuesday 15th March 2011 Lords Chamber

I do not want to go on. Noble Lords will have got the thrust of what I want to say tonight. The noble Lord needs to understand that at the moment many of the organisations on which so many people depend— whether it is in the concept of a big society or a great society, call it what you will—are very vulnerable. The point that I really want to put across is that I support the use of these dormant accounts. It follows the policy enunciated and developed by the previous Government. But the sorts of funds likely to be available are very small. In the mean time, many of the essential things that those charitable and voluntary organisations do are in jeopardy.

[Baroness Butler-Sloss]

My Lords, I have put down a take note Motion so perhaps your Lordships’ House will permit me to go next. I have to declare an interest as a member of the Merits of Statutory Instruments Committee, which is why I have read this order, which I support. I congratulate the Government and I support them rather more perhaps than the noble Lord, Lord Hunt of Kings Heath, has done.

I have absolutely no intention of suggesting that there is anything wrong with this order, nor do I intend to go outside what might be called the parameters of the order, unlike the noble Lord, Lord Hunt of Kings Heath. However, there are some points and questions that need to be asked within the confinements of this order, which provides for a very sensible amendment of the 2008 Act. The questions that I would like to ask are based on the fact that the present position is very vague and it would be helpful to know rather more as to how this new bank is intended to work.

The present position, under Section 16(1) of the 2008 Act, is that the purpose is to be social or environmental. Under Section 18(1), the distribution will focus on providing places to go for young people. That is one of the main objectives. From what I have read of what has been said recently about the proposed big society bank, neither of those matters has figured. It is important to go back to see what the purpose of the Act was to which this order relates. Is one of the destinations of the big society bank to be providing places for young people to go to? How will the bank apply social or environmental purposes? Who will be the recipients? What will be the spending priorities? How will the bank work as the “social investment wholesaler”—what a terrible phrase—in investing and managing financial intermediaries? What are the financial intermediaries intended to be?

The noble Lord, Lord Hunt of Kings Heath, and the Select Committee on Merits also raised the issue of the additional costs. Undoubtedly, the current structure is set up under the Big Lottery Fund. Consequently, any move to the bank is going to cause some additional costs. How are those going to be met? Is it likely that the administration will be so expensive that the £100 million or more from the dormant accounts—I hope those will provide much more than £100 million—will not cover it? One does not want too much of that spent on the additional cost of this big society bank. I am hoping that those costs can be kept to a minimum, but I am somewhat concerned about the movement from the Big Lottery Fund to this new bank.

I would also be interested to know to what extent, if any, there will be any form of parliamentary scrutiny of the bank’s activities. It would be helpful if Parliament had the opportunity to know what was going on and to express a view. I do not wish to comment on what the noble Lord, Lord Hunt, has said about the wider picture, but we ought to know rather more about how the big society bank is going to work within the confines of the 2008 Act. The debate on the Bill in this House undoubtedly raised considerable expectations and it is crucial that the big society bank should fulfil them.

[Lord Newby]

My Lords, it is a great pleasure to return to the joys of the Dormant Bank and Building Society Accounts Act 2008. I may be the only person in your Lordships’ House who sat through the entire proceedings of that Bill.

That was a fascinating process because the original purpose of the Bill was to do what the Government plan to do, namely to make the funding available from bank accounts to a new social investment bank—the brain-child of the current leader of the Labour Party. When it became clear that some new funding was available, other members of the Cabinet thought it might be a good idea if they had a share. Therefore, a new purpose was added to the Bill to make expenditure available for the provision of services for young people—Ed Balls’ proposal that every community should have a new youth club. This was the second purpose inserted after the first purpose. The third purpose about financial literacy was inserted by the Treasury because it was fed up that it was not getting a look-in. So we ended up with an Act which was a muddle. It had started with a simple purpose and ended up with three purposes.

The relevance of that to the report of the Merits Committee is that it explains why the Big Lottery Fund has a role in the Act as it is currently set out. If you were going to have, as was originally envisaged, part of the funding going to establish a national network of youth clubs, somebody had to be in charge of allocating the money for those youth clubs. And if you were going to make money available for financial literacy, somebody had to decide where the money went. It was agreed that the Big Lottery Fund was a logical home for that. It was never intended that the Big Lottery Fund would have any role to play in terms of the social investment wholesaler because that is not what it does. I suspect that the only role of the Big Lottery Fund now, given that the first two purposes have fallen by the wayside and we have got back to the original intent of the Bill, is to decide who the social investment wholesaler will be. Someone has to do that, so it has to be either a civil servant or the Big Lottery Fund. I doubt very much whether there will be any additional cost involved with that.

Regarding the original purpose of the Bill, I believe it is extremely important that the big society bank is established. Whether you agree with the cuts or not, it is undoubtedly the case that many public services are being better delivered today than they were yesterday because they are being delivered by social enterprises. I have referred in previous debates in your Lordships’ House to Sandwell healthcare services, which provide facilities in the West Midlands for half the price previously provided by the local authority. I know this because the chief executive came before the All-Party Parliamentary Group on Social Enterprise, which I chair. When asked how Sandwell was able to do that for half the price, he said that nobody is paid any less but some simple things have been done such as reducing the average number of days’ sick leave from 32, when the services were administered by the local authority, to two. He has made huge efficiency savings by motivating staff and freeing them from a bureaucratic environment.

The problem with the social enterprise sector is that it is full of organisations such as Sandwell healthcare services doing tremendous things but on a small scale. One of the main reasons they are not doing things on a large scale is that it is very difficult to get access to finance. Very often social enterprises do not have the business record because a lot of them are relatively new, nor do they have assets against which a loan can be secured. Therefore, the mainstream banks do not lend to them. The big society bank, with the combination of funding from this Act and from the high-street banks, will for the first time provide a significant pool of capital for social enterprises.

As I say, whatever you think about the cuts, having more social enterprises will enable public services to be delivered more efficiently and more effectively than is often done at present. Therefore, I strongly welcome the establishment of the bank. This is a minor order that helps clear the way for that and it has my full support.