Business Transactions: Cash Retentions

Gavin Robinson Excerpts

Wednesday 27th January 2016 Westminster Hall

[David Simpson]

That is an excellent point, and we have been lobbied on that over the past days and weeks. That case could have a devastating impact on the construction industry in Northern Ireland, so it will be fought tooth and nail. We hope that the Government will support people in that.

It is not enough for the Government to talk about removing retentions by 2025; we need to see some form of legislation to stop retentions. We cannot sit back and ignore a potential loss of £360 million over the next nine years, as calculated by the loss of £40 million in 2015, while the Government work towards elimination but have no plans to legislate. That is grossly unfair and frankly hugely debilitating to the construction sector and the UK economy.

There has been huge interest in the debate. I am sure that many Members, like me, have been briefed by the Specialist Engineering Contractors Group, which has been the voice for SMEs on this poor payment practice. Like many here today, I recognise that cash retentions work in theory. They were originally established as a protection against any defects that might have been left when a job was finished or left unfinished. These days, since all contractors have to go through a lengthy pre-qualification process to be able to take on any job, there should no longer be any need for retentions to be withheld. However—this is quite embarrassing for the UK—we still have not legislated to have retention moneys placed in safe keeping. France, Germany, America and Australia are already leading the way and have put in place effective processes to secure the money, should the larger contractors go into insolvency or adopt poor payment practices when releasing the finance to their subcontractors.

[Gavin Robinson (Belfast East) (DUP)]

My hon. Friend is being very generous with his time. Does he believe that there is a parallel with the legal industry, where a solicitor can exercise a lien over something of importance until the contract is concluded, whether that is deeds, money or cash? That is regulated by the Law Society. Lessons could be learned from the regularised and legislated procedure of a solicitor’s lien.

[David Simpson]

That question could only come from a barrister, but my hon. Friend is right. There is a role for that. As MPs, we all have companies that come to our offices or that we go and visit. Time and again, retentions are the issue that is raised, and some companies and subcontractors are begging us to try to resolve it.

I listened carefully to what the hon. Member for Kilmarnock and Loudoun (Alan Brown) said, and there is an option to look at that, but as the hon. Member for South Down (Ms Ritchie) said, we already have a suitable model in place under the Housing Act 2004 with the tenancy deposit schemes. Deposits paid in connection with shorthold tenancies must be placed in a Government-authorised deposit scheme. Similarly, retention moneys could be placed in a secure deposit account, as already happens in many other countries. That option is there, so perhaps the Government could look at that to try to ease the burden.

The Government and the Minister know that the construction industry in particular has gone through a devastating time. That is perhaps not so much the case in London and the big cities on the mainland—I think there was something like 12% or 13% growth last year in the City of London alone—but the regions of the United Kingdom have found it difficult to try to get the construction industry moving again. Money is being held back and banks will not take retentions as guarantees. The industry is struggling with cash flow.

I will finish now because I am excited to hear what the Minister is going to say to us, but I must ask the Government why they would object to developing a model for the funds that would allow our SMEs, which I and other Members often champion in our constituencies, to be the backbone of our growing economy. We need protection against poor payment practices and the misuse of SME funds, because it is their money.