Financial Services and Markets Bill [HL]

Baroness Noakes Excerpts

Report stage
Monday 7th September 2026 Lords Chamber

[Baroness Bowles of Berkhamsted (LD)]

My Lords, it is late, so I shall be relatively brief and not revisit the issues that we looked at in Committee. When I tabled these amendments, I still hoped that there would be some agreement reached on restoring the information hooks that Parliament has relied on until now for oversight, and to suggest a minimum set of reporting requirements in the current void of the strategy report. But it has been made clear by the Minister now, and in discussions between the Minister and the noble Baroness, Lady Noakes, as chair of the Select Committee, that the Government will not accept any statutory requirements. If that is the case, the committee will have to draw that information in itself, and the letters from the regulators offer the promise that they will co-operate in that. I suggest that we should take that opportunity to be able to do more things in real time, rather than long after decisions are made.

Obviously, it is for the committee to decide what written and oral information it wants and when, but one way to address the gap would be a triennial cycle of structured meetings with regulators. Each session could explicitly track developments in consultations and rule-making, including the work of the statutory panels, with an additional cycle of other matters. A suitable timing could be late February, when you could do an operational alignment review of draft business plans, budgets and cost-benefit analysis variances before they are locked in for the financial year. In mid-June, a session could be focused on the secondary competitiveness and growth objective, tracking live authorisation times, licensing, service-level agreements and regulatory overlap arising from current consultations and rule-making activity. In October, one could do a post-Recess review of rule-making, “Dear CEO” letters and summer-period backlogs ahead of the autumn Budget. Those are just examples of how you can get matters to fit in with the other fiscal events.

Adopting that kind of timetable would give Parliament timely visibility. We could avoid boilerplate reporting and ensure accountability, even though we lose the statutory hooks. But I think that neither the regulators nor the Government really appreciated the message that crossing out all these previous statutory things indicated, and it seemed as if Parliament had been totally ignored as a stakeholder and as a party that should have been consulted.

I hope that we can recover and come through this, probably with more reporting in the end that is pulled in at our request. I do not see that this as something that we have to negotiate; this is something where Parliament can ask, and we expect that the regulators will comply. Now that sounds aggressive, but I actually think that it will be able to be negotiated relatively reasonably, at least if it is anything like the experience that I have had elsewhere.

[Baroness Noakes (Con)]

My Lords, this is the first time I have spoken on Report, so I need to declare my interests as shown in the register, namely, that I hold shares in listed financial services companies, which may well be affected by the content of this Bill.

I start by thanking the Government for tabling Amendment 31, which is in fact identical to an amendment that I tabled in Committee. The Minister, the noble Lord, Lord Stockwood, who is in his place, said then that he could not accept my amendment because the Government were

“looking into this point to determine if this is fully clear within the drafting of the clause”.—[Official Report, 24/6/26; col. GC 333.]

That was nonsense, and I feel sorry for Ministers who are told by their officials to say these sorts of things. It was clear that the drafting of the Bill was wrong, and that my amendment put it right. I am very glad that the Government have now caught up with me.

The rest of the amendments in this group deal with the knotty issue of accountability of the regulators. The noble Baroness, Lady Bowles of Berkhamsted, has tabled several amendments to try and improve what is in the Bill and reverse some of the changes in the Bill that will undoubtedly weaken the accountability arrangements. Of course, I support those amendments. But accountability means much more than plans and reports, which is what the noble Baroness’s amendments tend to focus on. Some of us put forward various ideas in Committee about how we could improve accountability—the point being that we are looking to get a step change in the accountability arrangements.

This all comes back to the FSMA model, which my noble friend Lady Neville-Rolfe spoke about in the first group. I support the FSMA model in principle, but it is under increasing strain, as has been mentioned already today. It was first invented long before Brexit, when swathes of financial regulation were drawn up in the EU and scrutinised in detail via the EU Parliament. When FSMA 2023 paved the way for this additional delegation to the regulators of all of those EU competences, it was partially offset— only partially—by strengthening the role of Parliament. When the regulators use their powers to create rules and guidance, they now have to send that into the parliamentary committees, including the Financial Services Regulation Committee, which, as has already been said, I currently chair.

I am clear that holding the regulators to account for how they are using their powers—that is, real-time accountability rather than the ex-post accountability that annual reports deal with—is an uphill battle for very many reasons, not least an imbalance between the scale of resources devoted to parliamentary committees compared with the vast resources that are deployed within our financial system regulators. As we know, this Bill creates yet more areas of delegated powers to the regulators—consumer credit, which we debated earlier today, but also the payment systems which the Minister spoke to a few moments ago. This, again, is why we need to strengthen the accountability arrangements rather than weaken them, as the Bill currently does.

The Government have partially recognised that the Bill went too far and have tabled amendments on proportionality, which we will debate on our next Report day. The balance, however, has still shifted away too far from Parliament being able to operate effective accountability mechanisms. That is why I tabled Amendment 68, and I thank my noble friend Lord Bridges of Headley, the noble Baroness, Lady Bowles of Berkhamsted, and the noble Lord, Lord Vaux of Harrowden, for adding their names to it.