Enterprise and Regulatory Reform Bill

Debate between Chris Huhne and Matt Hancock

Wednesday 17th October 2012 Commons Chamber

[Matthew Hancock]

The application, which has just succeeded, did not include nuclear. We do not plan to amend that purpose, not least because the Bill provides that the bank can, in time and if appropriate, be moved from the public sector into the private sector using secondary legislation, without changes having to be made to primary legislation.

[Chris Huhne (Eastleigh) (LD)]

Will the Minister assure the House that when he talks about a powerful institution to support the transition to a green economy, he is talking about a bank that will be able to borrow? I regret that the Bill contains no commitment to that borrowing. If the bank were able to use the public spending allocated as a capital base, it would be able to borrow, and if it were in line with, for example, the Bank Nederlandse Gemeenten in the Netherlands, it would be able to make approximately £150 billion of extensive loans. That would give far greater and more powerful support to the green economy than the funding currently allocated to it.

[Matthew Hancock]

The Government have already made a clear commitment that the bank will be able to borrow from April 2015, subject to public sector net debt falling as a percentage of GDP, and the borrowing could take several forms, including from the capital markets. I reiterate that commitment today. Nothing in the Bill prevents that from taking place.

As the Bill stands, the bank is allowed to invest only in activities it considers likely to contribute to the achievement of one or more of the green purposes in the UK. Government amendments 1 and 3 would allow the bank to invest in activities it considers likely to contribute to one or more of the green purposes, whether in the UK or elsewhere. The point about global supply chains has already been made powerfully. The amendments will provide important flexibility in the bank’s future activities. We believe that, for the foreseeable future, the bank’s activities should continue to be in the UK, and the Government and the Secretary of State, as shareholders in the bank, will be able to ensure that that is the case.

--- Later in debate ---

[Matthew Hancock]

I would want to look at the details of the scheme. However, the amendments that we have made to the articles of association refer to the bank contributing in the UK. I would expect, though I cannot formally confirm, that an interconnector would have an impact in the UK as well as on the other side of the Irish sea. I will write to my hon. Friend with more details.

Amendment 2 was tabled in response to a suggestion from the hon. Member for Hartlepool (Mr Wright) that the designation of the bank should be subject to an affirmative resolution of Parliament. We made it clear in Committee that we are looking towards that. We want to ensure that Parliament has the full ability to scrutinise these issues and I hope the Opposition will support that change in arrangements.

Amendments 4 and 5 deal with directors’ pay. The Government have repeatedly demonstrated their commitment to ensuring that UK companies apply the highest standards of corporate governance. We have already introduced measures under the Bill to require quoted companies to seek shareholder approval for the directors’ remuneration policy. This change ensures that the bank will abide by these new commitments so that it is treated as a quoted company for the purposes of chapters 4 and 4A of part 10 of the Companies Act 2006, and so that the company is required to seek shareholder approval for the directors’ remuneration policy. This requirement would continue if the bank were one day moved into the private sector. I am sure hon. Members on both sides of the House will support the Government’s commitment to the very highest standards of corporate governance.

Opposition amendments 76 and 89 deal with the bank’s ability to borrow. As I said, the Government committed in Budget 2011 to fund the green investment bank with £3 billion to 2015. This is a serious demonstration of the Government’s green credentials and it is an appropriate level of funding for a new financial institution so that it can build market confidence and show a positive commercial return, while mobilising additional capital for green infrastructure projects in accordance with its green purposes. It is a major injection of capital which underlines our strong commitment to the bank.

We have also already given a clear commitment that the bank will be able to borrow, including from the capital markets. It may help if I explain the legal position in respect of borrowing by the bank. As a company formed under the Companies Act, the bank already has the power to borrow. The bank’s constitution provides, understandably, that the company will not incur borrowing without Government consent. This restriction is imposed by the Secretary of State as shareholder and does not affect the underlying position under company law that the company, as a legal person, has the ability to borrow.

I want to be clear that we are considering carefully the case for the bank borrowing from the capital markets from 2015-16, subject to the caveats I have mentioned. It is too early to make commitments about the level or type of funding. The views of the bank’s board will be an important factor, so we will have to discuss with it the appropriate level and source of future borrowing. We made a firm commitment in Committee to seek state aid approval from the Commission in respect of borrowing before the end of this Parliament. However, we cannot move to seek that approval before we know the mechanism for and quantum of borrowing. The bank’s borrowing will clearly be scored against national debt totals, so it is entirely reasonable for the Government to take that into account as part of our future spending and fiscal plans.

In summary, the Government agree with hon. Members about the importance of the issues relating to the bank’s funding, and their role in highlighting those here is welcome, as the Government want no one to be in any doubt about our serious ambitions for the bank and the green economy. These considerations will clearly be critical to the bank’s future and we will consider carefully how to provide clarity, either through the company’s constitution or by other means, about the legal position with regard to the bank’s borrowing.

[Chris Huhne]

On the other means, will the Minister commit to looking carefully at introducing an amendment in the other place to put that on the face of the Bill?

[Matthew Hancock]

We have been very clear about our commitment to allow borrowing and will look at how best to bring that clarity, which I am sure will include discussions with my right hon. Friend and others.

On the amendment relating to small and medium-sized enterprises, we are strongly committed to supporting SMEs and, indeed, are already providing major help to them through, for example, the business growth fund and the regional growth fund. I must declare an interest: a family business with which I am not directly connected is involved in energy efficiency matters. I expect the green investment bank already to benefit SMEs in a number of ways. For instance, some of the smaller funds that have already been set up are likely to generate investments for SMEs, provided that their targeted project size is under £30 million. However, I do not think that introducing a statutory basis would help, not least because it would increase the complexity of decision making in the bank, increase uncertainly and could increase the likelihood of judicial review. Therefore, we cannot support the amendment.

With regard to amendment 78, on the question of independent review, we think that parliamentary scrutiny and the normal corporate law requirements will be important. First, Parliament has a vital role in ensuring that the bank remains green. Secondly, Parliament will oversee the Secretary of State. Thirdly, I have no doubt that the Select Committee and the Environmental Audit Committee will look at the bank, and its accounts and reports will be placed before Parliament. However, it is important to be clear that the bank is a Companies Act company and, as such, directors owe duties to the company rather than directly to Parliament. We dealt with new clause 25 earlier in the debate on nuclear power.

Finally, the green purposes are clearly important as they relate to the essence of the green investment bank and to the company’s green objectives. Our goal is to have a broad definition of what is green. We agree that the reduction of greenhouse gas emissions is a vital objective, which is why four of the five priority sectors relate directly to it. The bank will be required to report on greenhouse gas emissions associated with its own activities and the board has agreed that the bank will also report on the greenhouse gas impacts of its own investments.

Oral Answers to Questions

Debate between Chris Huhne and Matt Hancock

Thursday 1st July 2010 Commons Chamber

[Chris Huhne]

I assure the right hon. Gentleman that my prejudices, whether they exist or not other than in his imagination, did not enter into this decision. It was simply unaffordable in the context of the fiscal legacy that he and his friends left this House. We have it on no less an authority than his colleague the former Chief Secretary to the Treasury that there is no money left.

[Matthew Hancock (West Suffolk) (Con)]

3. What plans he has to take account of local public opinion in determining the location of onshore wind farms.

Budget Resolutions and Economic Situation

Debate between Chris Huhne and Matt Hancock

Thursday 24th June 2010 Commons Chamber

[Chris Huhne]

The hon. Gentleman makes a point about the circumstances, but markets travel on expectations. The expectations of what was going on in this country were very clear during the general election campaign: the hon. Gentleman and his friends were about to lose the election. It is precisely the case with the contagion in southern Europe that it spread quickly from Greece to Spain and to Italy. Italy, of course, has a very high public debt to GDP ratio and is clearly in a different category from ourselves. But that is not the case for Spain—one of the most substantial economies in Europe—where the central Government to GDP ratio is actually much smaller than ours. The debt to GDP ratio in Spain was 33% as against 60% in the UK at the beginning of this process. That is the problem that the right hon. Member for Doncaster North and his friends have to answer. It was absolutely clear from the rise in bond yields across southern Europe that we were in the firing line and it would have been completely irresponsible for us not to remove ourselves from it.

[Matthew Hancock (West Suffolk) (Con)]

Is the right hon. Gentleman aware that yesterday in the Chamber the shadow Chancellor argued that the problem with Greece, and one of the reasons for what happened there, was that the authorities did not act quickly enough? Does he share my surprise that the shadow Chancellor can combine that with an argument for not acting now here?

[Chris Huhne]

My hon. Friend is absolutely right. There is no doubt that the lessons of history are completely clear. Those countries that grip their problems and deal with them do so in their own time and their own way and in a proactive manner. Those countries that fail to do so end up like Greece and Spain—with socialist Governments—grappling with measures that will be far more severe than anything that we have introduced in this House. I simply remind the right hon. Member for Doncaster North that Lord Keynes, the great Liberal economist who continues to be an economic hero to me, was once famously accused of changing his mind. He splendidly replied, “When the facts change, sir, I change my mind. What do you do?” The right hon. Gentleman’s principal problem today is that the facts have changed and he has not changed his mind. That is precisely the argument.

I would merely remind the right hon. Gentleman of another dictum from a rather great economist—also something of a hero of mine; I should probably be looking towards the Liberal Democrats here—J. K. Galbraith. He served a number of American Presidents, including J. F. Kennedy, and I should point out to the right hon. Gentleman that it was J. K. Galbraith who said that the essence of leadership was for a leader to confront the greatest dangers of the people they aspire to lead. The right hon. Gentleman is not doing that.