Financial Services Bill

Jim Shannon Excerpts

Tuesday 22nd May 2012 Commons Chamber

[Mark Durkan]

It is a privilege to follow the hon. Member for Chichester (Mr Tyrie), the Chair of the Treasury Committee. Like him, I recognise that the Bill represents an improvement but that it is capable of being improved further in a number of respects. He has touched on some issues, such as the balance of membership on the MPC and the FPC, which we addressed in Committee, and the future accountability of the new regulatory players.

There are deficiencies, and the hon. Gentleman at the very end of his remarks touched on what for some Members in Committee was a difficulty: when we put forward many amendments, we were told by the Minister that they were not necessary or were redundant, because the FSA was already doing what they proposed. For quite a lot of the time in Committee, we appeared to be told that the new regulatory regime was essentially going to be “Continuity FSA”, and that we could take it for granted that every good and acceptable thing that it was doing would carry on regardless. It was very much “Carry on FSA” throughout large parts of the debate in Committee.

Like other hon. Members, I recognise the deficiencies in the Bill. As I stressed in Committee, it has significant holes in its provisions for compelling consumer interests, which the hon. Member for Nottingham East (Chris Leslie) touched on. The Government rejected key amendments to the provisions on consumer credit, and the related but very distinct issue of debt management, that would have given the Bill more meaning and relevance to people and offered them a bit more of a promise. Instead, the Government are merely saying, “We will attend to these things in future, and there is enough future-proofing in the Bill to allow us to amend it for all sorts of reasons and purposes.” They rejected, as they have again today, amendments that would have coloured in how those amending powers could be used—in particular, they rejected the amendments that would have indicated where the regulators were meant to reflect on certain matters and to advise on where regulation may need to change.

The hon. Members for Nottingham East and for Chichester emphasised the importance of parliamentary oversight and reporting. The need for crisis provisions may not be far away in the current circumstances, and we require clarity about that. After the next crisis, when there is confusion about who is responsible and which bit of furniture is meant to support which particular aspect, people will not accept that hon. Members did not know about these issues, because we are the authors of this legislation. As the hon. Member for Chichester said, it is a pity that the Bill, instead of having its own full sweep of provisions, tends to rely on going in and out of various bits and pieces of all sorts of other legislation, which are bumping into each other and not connecting very well. It is a bit like that Johnny Cash song, “One Piece at a Time”.

[Jim Shannon (Strangford) (DUP)]

Sing it!

[Mark Durkan]

No, I will absolutely resist the idea of singing it. The only people who ask me to sing are bouncers, because it helps them to clear the premises.

Another deficiency relates to stewardship and the fiduciary duties of institutional investors and fund managers. Again, the Government assiduously resisted straightforward amendments in that respect. I cannot understand why they would refuse to have in a Bill principles that they say are reflected in common law. If this about consolidating legislation and making sure that there are no ambiguities in future, it would have made sense to include such provisions.

There is another serious gap in relation to consolidated oversight, and I hope that the Lords will pick up on that. The Bill provides for consolidated oversight in relation to regulated authorities where the parent holding company is itself a financial institution and a regulated authority, but not where it is not. That gives rise to the whole question of the “Tescofication” of banking services. While the Bill provides that there can be changes in future, it does not specify where they might happen. The Government resisted amendments that would have coloured in the responsibility for considering where changes might be needed and, in particular, ensured that the new regulators did that.

On a more regional level, there is particular interest in Northern Ireland about the progress of the Bill and its associated measures because of the change to the regulation of credit unions. I hope that the Minister is aware that there is still deep disappointment among those in the credit union movement in Northern Ireland about the impact of the new regulations, which will take them back from where they should be and diminish their existing capacity to make sound investment choices. They look forward to being able to offer more services. Although that will be possible under regulation by the FSA and, in future, the PFA, they are disappointed that the price for that, from the first day of the new regulatory system, is that they will be restricted in making the sensible, prudential investment decisions for their members that they have been making very successfully.