Draft Deregulation Act 2015, the Small Business, Enterprise and Employment Act 2015 and the Insolvency (amendment) Act (Northern Ireland) 2016 (Consequential Amendments and Transitional Provisions) Regulations 2017

Debate between Bill Esterson and Steve Barclay

Tuesday 7th March 2017 General Committees

[Stephen Barclay]

I am grateful to the hon. Member for Sefton Central for his broad support for the regulations, which essentially focus on tidying up measures relating to the financial services sector. He referred to Philip Green. The focus of the regulations is to target not the retail sector as a whole, but the financial sector specifically.

The hon. Gentleman raised a number of points. In the absence of the Under-Secretary of State for Business, Energy and Industrial Strategy, my hon. Friend the Member for Stourbridge, I will answer them as best I can. First, he referred to section 17 of the Deregulation Act 2015 and the difference between bankruptcy and corporate insolvency. He asked whether those who are trained to act on one will understand the other. The key point is that we intend that there will be a general paper, and that people can specialise within that. We are separating out the authorisations to allow insolvency practitioners to specialise in one or the other, but there will still be an initial general paper covering both.

I am happy to write to the hon. Gentleman to provide clarification and further detail on his points about fraudulent or wrongful activity and the extension to financial services. The key point to make to the Committee is that we have had a much wider debate on the changes that are being made to insolvency, and I do not want to revisit that wider debate today. We are here to debate the specific impact on financial stability and how we amend the legislation to fit with those wider reforms.

The hon. Gentleman asked about the impact on staff and the extent to which we ring-fence for insolvency procedures. He mentioned the Comet case specifically, which I know caused numerous concerns. The reforms are intended to benefit creditors by removing red tape. Therefore, as far as insolvency procedures are concerned, staff are often creditors and will benefit from the reforms. I hope that that reassures him that where instances like Comet arise in future, there will be some benefits from this exercise.

I am grateful to the Committee for its consideration—

[Bill Esterson]

The Minister kindly offered to write to me on one matter. Perhaps when he does, he could flesh out some of the other points a little more. In particular, can he give details of how staff will benefit, rather than the more general point that he just made? I appreciate that he is probably not in a position to tell me that in detail now, so perhaps that will be an opportunity to address the point more fully.

[Stephen Barclay]

I am happy to provide the hon. Gentleman with a much fuller example, and I commit to writing to him on that basis.

Subject to there being no further comments from Members, I am very grateful to the Committee for its consideration of the regulations today and for the points that have been made. In summary, the regulations make consequential amendments to the special insolvency procedures for financial sector firms to take account of the reforms that we have discussed. I ask the Committee to support the changes.

Question put and agreed to.

Draft Economic Growth (Regulatory Functions) Order 2017 Draft Growth Duty Statutory Guidance

Debate between Bill Esterson and Steve Barclay

Tuesday 28th February 2017 General Committees

[Bill Esterson]

It is a pleasure to serve under your chairmanship, Mr Brady, not least because you have created an interesting dilemma. The Minister and I, as well as other Members here, sat in a Committee such as this last week and were told that the Scottish National party spokesperson should speak first. The hon. Member for Glasgow North would do so, had he indicated before me that he wished to speak. However, you are in the Chair, Mr Brady.

[The Lord Commissioner of Her Majesty's Treasury (Stephen Barclay)]

The Chair is always right.

[Bill Esterson]

Indeed, so I shall continue. The Chair from last week—

[Stephen Barclay]

Let’s ask them about it.

[Bill Esterson]

The Government Whip, from a sedentary position, is being extremely helpful, which happens rarely. I take it that we can now take interventions.

Enterprise Bill [ Lords ] (Seventh sitting)

Debate between Bill Esterson and Steve Barclay

Thursday 25th February 2016 Public Bill Committees

[Bill Esterson]

Those are points I will come to. I did not know that Harrods had a shop in the Minister’s constituency or that it contained the Knightsbridge of the east.

The other description might have been the “domino clause”. The Minister talked about local leaders having the opportunity. The Opposition fully support the proper devolution of powers and responsibilities, and the ability to make a difference in the local area. Although he talked about local leaders, he did not talk about the views of the local community, the workers affected or the small independent retailers and the impact the proposals will have on many small shops.

The problem is that, when talking to local authority leaders and chief executives, as some organisations have done, one main reason given for saying they may well end up implementing these provisions is that they feel they have no choice. Their neighbours having allowed Tesco, Asda or out-of-town shopping centres to have extended opening hours on a Sunday, they fear that loss of trade within their own boundaries will force them down the route of using these provisions in their own local authority area.

The Government knew full well that any attempt to reform Sunday trading legislation would spark significant debate and opposition from a wide range of stakeholders. The Prime Minister’s spokeswoman wrote on 20 April last year to the campaign group Keep Sunday Special assuring them that the Conservatives had no plans to relax Sunday trading laws. Indeed, it was not in the Conservative party manifesto. She wrote:

“I can assure you that we have no current plans to relax the Sunday trading laws. We believe that the current system provides a reasonable balance between those who wish to see more opportunity to shop in large stores on a Sunday, and those who would like to see further restrictions.”

There we have it. Presumably, in the Conservative party, the Government and the previous coalition Government, when the Prime Minister’s official spokesperson spoke it was on his behalf and we should take as gospel what she said at the time. The country as a whole should have trusted what we were told on 20 April. The Government knew this would be opposed and were that worried about it that they went so far as to reassure the country before the election that they had no plans to change Sunday trading laws. They knew it would be opposed, cause problems and break the consensus that had stood for 22 years, since the Sunday Trading Act 1994.

The amendments we are considering include a change to the name of the Bill in amendment 77, as the Minister has just said, to include Sunday trading. We have to wonder what is going on when a Bill started in the Lords and went through the entire Lords proceedings without any mention of Sunday trading. Only on Second Reading in this House was Sunday trading mentioned. In fact, it was so late that Members who oppose changes to Sunday trading did not even know the Bill would consider it.

I spoke to a number of Members on the Government Benches on the day of Second Reading and they had no idea that the issue was in the Bill because they were not in the Chamber to hear the Secretary of State mention it in his opening speech. Had they been, they could have made their opposition clear and raised their concerns but there was no such opportunity for Government Members. That is a great shame.

[Stephen Barclay (North East Cambridgeshire) (Con)]

With the leave of the Chair, I beg to move that the Committee be now adjourned.