MiFID and Prospectus Regime Reform

John Glen Excerpts
Thursday 3rd March 2022

(2 years, 9 months ago)

Written Statements
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John Glen Portrait The Economic Secretary to the Treasury (John Glen)
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In 2021, the Government published two consultations on reforms to our capital markets regime: the wholesale markets review—which reviews the markets in financial instrument directive (MiFID) regime—and the prospectus regime review. These consultations form part of the Chancellor’s broader vision to improve the competitiveness of the UK’s financial services sector and take advantage of our new freedoms in financial services following our withdrawal from the EU. On 1 March, I announced the next steps we intend to take to reform UK capital markets.

Wholesale markets review/MiFID reform

Deep and liquid wholesale capital markets are at the heart of the UK’s prosperity as an international financial centre. With the development of the EU’s single market, much of our regulatory approach was set in Brussels. Now that we have left the EU, we can use our newfound freedoms to reform these rules to ensure they work for UK markets. I do not intend to make changes for the sake of it, but in many areas of our capital markets regime, it is clear we can improve standards and make regulation more proportionate, cutting costs for firms while improving market integrity. In 2021, we consulted on a number of changes to the MiFID framework, which underpins our regulatory regime for wholesale markets.

The consultation closed in September 2021 and HM Treasury received 78 responses. Respondents from across the financial services sector strongly welcomed the objectives of the review and proposals for reform. In the light of this, I have announced the Government’s intention to bring forward legislative changes when parliamentary time allows, to take forward the most important measures that received the strongest support. These include amendments to five key areas of the regulatory framework:

Trading venues and systematic internalisers (Sis): we will remove unnecessary restrictions on where and how trading can happen, to allow firms to get the best price for investors.

Equity markets: we will legislate to simplify how and when firms need to make trading information public before they trade, to reduce costs and burdens for firms.

Fixed income and derivatives markets: we will reform the transparency regime to reduce costs and increase effectiveness, and the derivatives trading obligation to ease burdens for firms when managing risk and prevent market fragmentation.

Commodity derivatives: we will streamline the position limits regime to make it more effective, proportionate and less burdensome to comply with.

Market data: we will bring forward legislation to enable a consolidated tape which would collate and disseminate real time trading data, to reduce data costs and improve quality.

Where changes can be made to the parts of the regime that are already set out in regulatory rules and guidance, the FCA has committed to progress these in line with its normal processes. Where legislative changes are needed but in future would better sit in regulator rules and are not urgent, the Government will wait until the outcomes of the future regulatory framework (FRF) review have been implemented to bring them forward. The Government believe that this step-by-step approach will ensure that the most burdensome and unnecessary regulatory requirements are removed as soon as possible.

The consultation response document is available at www.gov.uk/government/consultations/uk-wholesale-markets-review-a-consultation.

Prospectus regime review

In November 2020, the Chancellor asked Lord Hill of Oareford CBE to lead an independent review of the UK listing regime. Lord Hill made a series of recommendations to help attract the most innovative and successful companies to UK markets and help them access the finance they need to grow. Of particular importance was his recommendation to undertake a fundamental review of the UK’s prospectus regime, which is based on the EU prospectus regulation, now part of retained EU law. This is the regulation which underpins the documents firms must publish when they seek admission to a stock market or raise fresh capital.

Having received widespread support for our proposals from across the sector, I have announced that we will take full advantage of our new regulatory freedoms by repealing the prospectus regulation and replacing it with a regime better tailored to the UK’s position as a global financial centre, when parliamentary time allows.

Our reforms will achieve the following objectives:

The changes will facilitate wider participation in the ownership of public companies, and remove the disincentives that currently exist for the issuance of securities to wide groups of investors—including retail investors.

The changes will simplify the regulation of prospectuses and remove unnecessary duplications, without lowering regulatory standards.

The changes will improve the quality of information investors receive under the prospectus regime, giving them more confidence to make their investment decisions.

The changes will ensure that the regulation of prospectuses is more agile and dynamic, meaning that, in future, the regulation of prospectuses will be better able to respond to innovation and change.

Both of these reforms are core parts of the Government’s commitment to make the most of our new freedoms in financial services. By doing so, we will enhance the functioning and competitiveness of the UK’s capital markets, and ensure they are continuing to help create jobs, support businesses, and power growth across all regions and nations of the UK.

The consultation response document is available at www.gov.uk/government/consultations/uk-prospectus-regime-a-consultation.

[HCWS659]

Prudential Regulation of Credit Institutions and Investment Firms

John Glen Excerpts
Tuesday 1st March 2022

(2 years, 9 months ago)

Written Statements
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John Glen Portrait The Economic Secretary to the Treasury (John Glen)
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Following the global financial crisis, the international Basel Committee on Banking Supervision (BCBS) agreed standards for prudential regulation to improve the resilience of the banking sector. Prudential regulation ensures that banks, building societies, and investment firms control risk and hold sufficient capital to better absorb economic shocks.

The UK has played an active role in negotiating and agreeing these standards— commonly known as the “Basel 3” standards—and has always been committed to their implementation. The Financial Services Act 2021 (the “FS Act”) was introduced to enable the PRA—as experts—to implement these standards.

The FS Act also introduced the framework for the investment firms prudential regime (IFPR), a bespoke prudential regime for investment firms that do not pose a systemic risk to the financial system, to be implemented by the Financial Conduct Authority (FCA).

This instrument is part of a package of instruments which supports the implementation of the IFPR and Basel 3 standards.

The purpose of this instrument is to:

make changes, including consequential amendments, to primary, secondary, and retained EU law following the introduction of the IFPR and implementation of the Basel 3 standards on 1 January 2022.

make transitional provision for certain securitisations following the implementation of the IFPR. These provisions support requirements which aim to align the interests of the sell-side parties in a securitisation (e.g. lenders) and the buy-side parties (e.g. investors), by ensuring the sell-side parties retain some risk in the product.

make amendments to the Banking Act 2009 to ensure that short-term liabilities owed to investment firms with permission to underwrite or deal on own account will continue to be exempt from bail-in.

address legal deficiencies arising from the withdrawal of the United Kingdom from the European Union.

This instrument will primarily be made under the powers in the Financial Services Act 2021. It also uses powers in the Banking Act 2009 and the European Union (Withdrawal) Act 2018.

As required under the “enhanced scrutiny procedure” set out in schedule 8 of the European Union (Withdrawal) Act 2018, the draft instrument and explanatory memorandum will be published online for a period of at least 28 days before the instrument is formally laid in Parliament. To read the full draft statutory instrument and explanatory memorandum, please visit:

https://www.gov.uk/government/publications/the-financial-services-act-2021-prudential-regulation-of-credit-institutions-and-investment-firms-consequential-amendments-and-miscellaneous-provis

[HCWS650]

Treasury Update

John Glen Excerpts
Monday 21st February 2022

(2 years, 9 months ago)

Written Statements
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John Glen Portrait The Economic Secretary to the Treasury (John Glen)
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Collective money purchase pension schemes, which are also known as collective defined contribution pension schemes, are a new style of pension scheme. Contributions into the scheme are pooled and invested with a view to delivering an aspired level or benefit at a fixed cost, and without guarantees. The framework for these schemes was set out in the Pension Schemes Act 2021 and the tax regime was set out in the Finance Act 2021.

The Government’s policy intention has always been that payments made from a collective money purchase pension scheme in wind-up should be treated as authorised payments. Following the publication of the draft Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations 2022, the Government are aware of two instances where there is some uncertainty about how benefits from such a scheme would be treated in tax terms, should it ultimately become necessary to wind it up.

The first is about whether a member of such a scheme which is winding up can designate their funds into drawdown before transferring to another scheme. The Government can confirm that the policy intent here remains that this would be an authorised payment.

The second is whether such a scheme, in winding up, could pay a member a periodic income as an authorised payment. Here, too, the Government confirm that the policy intent continues to be that this would be available as an authorised payment.

This statement reconfirms that the original policy has not changed following the publication of the regulations and sets out the Government’s commitment to ensuring that this policy intent is delivered, including by pursuing further legislative change where necessary. Tax guidance and any necessary draft clauses for tax legislation will be published in due course as part of the usual tax policy-making process.

[HCWS615]

DRAFT MONEY LAUNDERING AND TERRORIST FINANCING (AMENDMENT) REGULATIONS 2022

John Glen Excerpts
Monday 7th February 2022

(2 years, 10 months ago)

General Committees
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None Portrait The Chair
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Members are encouraged to observe social distancing and to wear masks when not speaking.

John Glen Portrait The Economic Secretary to the Treasury (John Glen)
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I beg to move,

That the Committee has considered the draft Money Laundering and Terrorist Financing (Amendment) Regulations 2022.

It is a pleasure to serve under your chairship, Mr Robertson. The Government recognise the threat that economic crime poses to the UK, and are committed to combating money laundering and terrorist financing. Illicit finance not only risks damaging our reputation as a fair and open economy, but poses a threat to our national security by undermining the integrity and stability of our financial markets and institutions. Illicit finance also has significant social and economic costs through its links to serious and organised crime, and can reduce opportunities for legitimate business in the United Kingdom. That is why the Government are focused on making the UK a hostile environment for illicit finance.

We have taken significant action to tackle money laundering and terrorist financing and to strengthen the response of the whole financial system to economic crime. Front and centre to those efforts are the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017—the money laundering regulations—which are a key part of our legislative framework, and set out a number of measures with which businesses and trusts must comply to make the UK an inhospitable place for money laundering and terrorist financing. Those measures include the requirement for trusts to register with Her Majesty’s Revenue and Customs’ trust registration service. Trusts are an integral feature of the UK’s legal system and are used for a wide range of legitimate purposes. However, they can also be used to conceal the true beneficial ownership of assets, and therefore to impede law enforcement as it investigates money laundering and terrorist financing.

The trust registration service addresses that risk by providing law enforcement with a key source of up-to-date information on the beneficial ownership of assets held in trusts. As a result of changes introduced in 2020, the trust registration service has been expanded so that most types of UK express trusts are now required to register. In addition, overseas trusts with certain connections to the UK, including the acquisition of land or property in the UK, are now for the first time required to register. Today’s statutory instrument amends the money laundering regulations to ensure that the trust registration service operates as effectively as possible as an anti-money laundering tool, striking the right balance between the public interest of tackling money laundering and the right to privacy of those who use trusts for legitimate purposes.

First, to ensure that trustees have sufficient time to gather the necessary information and complete the registration process, the instrument extends the registration deadline for those types of trusts newly required to register until 1 September 2022. Secondly, the instrument extends the time limits for reporting changes to the information held on the register. Trustees are required to update the register within certain time limits, if the information held on the register relating to the individuals involved in the trust changes. In recognition of the fact that such changes are often triggered by traumatic life events—for example, bereavements—the instrument extends the time limit so that trustees will have 90 days to report such changes to HMRC. Lastly, the instrument makes changes to the categories of trusts that are excluded from registration. Certain types of trusts that pose an inherently low risk of money laundering are excluded from registration.

John Baron Portrait Mr John Baron (Basildon and Billericay) (Con)
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The Government are right to clamp down on money laundering and to ensure, courtesy of the draft regulations, that the rules are not too onerous, but will the Minister, when he has two minutes, look at some of the questionnaires being sent out by banks seeking additional financial information, and apparently citing the Government’s introduction of onerous regulations as the source of the problem? Constituents have reported to me that some of the questionnaires ask for quite a lot of detail regarding their financial affairs.

John Glen Portrait John Glen
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I thank my hon. Friend for that intervention. I am aware of the tension regarding the application of rules designed to keep our banking system both clean and accessible. It has come to my attention in a number of ways over recent weeks and months, and in particular the issue of accounts being difficult to set up for charities and small community organisations. I intend to convene a roundtable with the banks to examine the issue and ensure that the interpretation of these legitimate restraints against abuse does not impede access to banking for our constituents.

This instrument just makes some small changes to the existing categories of excluded trusts to ensure that the burden of registration is proportionate to the money laundering risk that certain types of trust pose. I thank Committee members for their examination of this important piece of legislation. In summary, the instrument will amend the money laundering regulations as they relate to trust registration to ensure that the regulations strike an appropriate balance between providing an effective anti-money laundering tool for law enforcement and minimising the administrative burden on those who use trusts for legitimate purposes. This amendment will enable the money laundering regulations to continue to work as effectively as possible to protect the UK financial system and allow the UK to continue to play a leading role in the fight against economic crime. I hope colleagues will join me in supporting this legislation.

--- Later in debate ---
John Glen Portrait John Glen
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I will endeavour to cover the points raised by the hon. Members for Hampstead and Kilburn, for Glenrothes, and for Wallasey. I acknowledge that a number of those points refer to the broader canvas of economic crime and I shall try to deal succinctly with those, respecting the fact that the Treasury Committee published a report last week, on which the Government will reflect and respond in due course. There is an obligation and, indeed, a determination on my part to bring forward a broader money laundering SI later this year.

It is the Government’s view that this amendment will assist in ensuring that the money laundering regulations operate as effectively as possible and continue to protect the financial system from the threat posed by money laundering and terrorist financing, and that will allow the UK to continue to play its part in the fight against economic crime.

The hon. Member for Hampstead and Kilburn mentioned several points made by Transparency International and other organisations about access to trust information. The SI will extend the existing exclusion for insurance trusts to exclude all healthcare policies in trust and will clarify how the exclusion applies to certain retirement policies and life policies with temporary disablement cover. The SI also adds a new exclusion for trusts created in the course of opening child bank accounts. Indeed, the regulations set out 23 different exclusions: this is not an exhaustive list, but it includes pension trusts, insurance trusts, registrable charitable trusts and trusts meeting certain legislative requirements.

When the trust service was set up, the register of beneficial ownership of trusts—the trust registration service—was established five years ago. We have now seen 200,000 taxable trusts registered. It is the case that it is perfectly legitimate for some of those trusts to be excluded. There is a matter of the legitimate privacy for some of the trustees, but that does not prevent law enforcement or regulated entities from being able to access them.

I think that there is a question here about the IT service. The hon. Members for Wallasey and for Hampstead and Kilburn mentioned that. It is clear that HMRC has had an enormous task over the last two years to deliver some pretty complex interventions. The regulations simply give an extension on those registration deadlines. I am not convinced that there is an enduring IT problem in HMRC; there is an administrative necessity consequential to a particular failure.

The hon. Member for Glenrothes picked me up on the use of certain language. It was not my intention to be provocative, but it is my sincere wish to convey the absolute frustration that we feel and our desire to shut down loopholes that allow bad actors to enter our financial system.

Peter Grant Portrait Peter Grant
- Hansard - - - Excerpts

I do not have an issue with the Minister’s use of the phrase “hostile environment”. I was making the point that, as the phrase has been previously used in respect of people whom we should have made welcome, it loses a lot of its impact when used in its correct context.

John Glen Portrait John Glen
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That is a reasonable observation. I think, however, that the hon. Gentleman’s frustration echoes mine; I have been in this job over four years, and I was before the Treasury Committee on 29 November referring to some of these imperatives, which had been thrown into focus by the FATF report in December 2018. We need to make further interventions. I cannot prejudge the outcome or the business managers, as I think the hon. Member for Wallasey knows, but the point is that this is an absolute imperative from where I stand in the Treasury. We do need this legislation to deal with the broader issues that are outstanding.

Angela Eagle Portrait Dame Angela Eagle
- Hansard - - - Excerpts

I thank the hon. Gentleman for giving way on that point. It was absolutely remarkable that when we took evidence from the Minister, and from his Home Office colleague who was responsible for trying to crack on money laundering, how dissatisfied both of them were with the current state of affairs. I wish him well in attempting to get his business managers to realise what everybody else realises, which is that this should be an absolute priority.

John Glen Portrait John Glen
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I welcome the hon. Lady’s intervention on this subject. I am happy to recognise her characterisation of the diffused responsibilities in the report. There are observations and questions about many interactions. That is something for the Government to reflect on, as we will do in our response.

The hon. Member for Glenrothes referred to parliamentary time. Fixing some of these things will take a bit more than a few hours, but the point he is making is that there is a will to do this, and I recognise that.

This is a modest set of changes to deal with an administrative problem with one part of this Government’s response to a challenge. We are one of the most open jurisdictions for financial services. We employ 2.3 million people in financial services and 7.4% of jobs in the UK are in financial services. We have got to get that balance right, but I recognise the challenges outstanding. On a broader canvas, at a later point, I will address those points. I hope that the Committee has found this debate informative and will support the regulations. I commend the regulations to the Committee.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Money Laundering and Terrorist Financing (Amendment) Regulations 2022.

Financial Services and Markets Act 2000 (Exemption) (Amendment) Order 2022

John Glen Excerpts
Monday 7th February 2022

(2 years, 10 months ago)

Written Statements
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John Glen Portrait The Economic Secretary to the Treasury (John Glen)
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Today I have laid the Financial Services and Markets Act 2000 (Exemption) (Amendment) Order 2022 (SI 2022/100) before Parliament. This will permit Norges Bank, the Norwegian Central Bank, to continue to benefit from access to the UK market without requiring authorisation under the Financial Services and Markets Act 2000 (FSMA) in respect of specific activities under the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001. These activities are: dealing in investments as principal, dealing in investments as agent, managing investments, arranging, safeguarding, and administering investments, and advising on investments.



Furthermore, so far as relevant to any such activity, this order also exempts Norges Bank from being required to obtain authorisation in respect of regulated activities of the kind specified in article 64 (agreeing to carry on specified kinds of activity) of the regulated activities order, pursuant to article 5(2) of the exemption order.

Prior to the UK’s departure from the European Union, Norges Bank, as an EEA central bank, benefited from an exemption from the requirements to be authorised under the provisions of FSMA. Norges Bank operates Norges Bank Investment Management, which manages investments on behalf of the Government Pension Fund Global. Under the EEA central bank exemption, it was permitted to undertake regulated activities in the UK without authorisation. A temporary transition power allowed a directive to be issued through which relevant EEA firms may continue activities that they were previously undertaking. As enabled by the TTP, Norges Bank has benefited from this exemption, which will expire at the end of March 2022.

HM Treasury has, in consultation with the Bank of England/Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA), considered Norges Bank’s suitability for an exemption as provided under section 38 FSMA, and has determined that Norges Bank is suitable for listing as an exempt person in respect of specified activities outlined above. This will allow Norges Bank to maintain its current UK position by carrying out the same activities that they are currently undertaking, with regulatory certainty and without a need for authorisation.

The legislation laid today is intended to come into force on 31 March 2022.

[HCWS596]

Oral Answers to Questions

John Glen Excerpts
Tuesday 1st February 2022

(2 years, 10 months ago)

Commons Chamber
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Shabana Mahmood Portrait Shabana Mahmood (Birmingham, Ladywood) (Lab)
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6. What recent discussions he has had with the Financial Conduct Authority on the regulation of the insurance industry.

John Glen Portrait The Economic Secretary to the Treasury (John Glen)
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I hold regular discussions, usually on a six-weekly basis, with the chief executive of the Financial Conduct Authority on a range of issues regarding the regulation of financial markets, including the insurance market.

Shabana Mahmood Portrait Shabana Mahmood
- Hansard - - - Excerpts

Insurance companies are exploiting the cladding scandal by charging leaseholders extortionate, punitive and unethical prices for their buildings insurance. The Treasury and the FCA have frankly done nothing while people are forced to find eye-watering sums of money because of a scandal that they did not cause, and there is no transparency as to how their premiums are being calculated. After many years, a Government Minister has finally written to the FCA, but will the Treasury now step up and ensure that the FCA not only looks into this matter but provides redress for my constituents and the thousands of people across this country who are experiencing severe financial distress?

John Glen Portrait John Glen
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The FCA has been looking at this matter, and last week my colleague the Secretary of State for Levelling Up, Housing and Communities wrote to the FCA to ask it to look at whether there is a market failure. Since then, it has written back, with the Competition and Markets Authority, to say that they are engaging with the industry and will produce a statement on the matter in due course. I recognise the concerns that the hon. Member has raised and the dysfunctionality that may exist in the market, and it is important that that is looked at carefully.

Theresa Villiers Portrait Theresa Villiers (Chipping Barnet) (Con)
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Reform of Solvency II could unlock billions to create jobs, enhance prosperity and help to raise living standards. May I ask the Government to make some progress on this?

John Glen Portrait John Glen
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We are making progress. We are in deep conversations with the Prudential Regulation Authority and its actuaries on the way that the risk margin and the matching adjustments should be altered to release that additional capital. We are confident that progress will be made and we are also working closely with the insurance industry to see that that comes to pass.

Kenny MacAskill Portrait Kenny MacAskill (East Lothian) (Alba)
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7. What recent estimate he has made of the value of infrastructure projects to be delivered through the national infrastructure and construction pipeline.

--- Later in debate ---
Nigel Mills Portrait Nigel Mills (Amber Valley) (Con)
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T4. Does the Chancellor agree that one of the key lessons from the pandemic was about helping people to improve their own financial resilience by saving? Will he now finally support measures to extend auto-enrolment down to the first pound of earnings and down to those aged 18, so that we can help everyone start saving for a pension for their retirement?

John Glen Portrait The Economic Secretary to the Treasury (John Glen)
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My hon. Friend, who has great expertise in this area, makes a reasonable point. The Government’s Help to Save scheme is under way, but the Government continue to work very closely with the Money and Pensions Service to look at new ways of increasing financial resilience and getting young people to understand the opportunities of saving earlier.

Alison Thewliss Portrait Alison Thewliss (Glasgow Central) (SNP)
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Lord Agnew resigned because he could no longer defend the level of fraud in the bounce back loan scheme and the lack of action to tackle it. Much of that has been facilitated by the absolute shambles of the Companies House register. I do not want Ministers to fob this off to the Department for Business, Energy and Industrial Strategy, because that is exactly the disconnected approach that Lord Agnew criticised. If there is an economic crime Bill, will Ministers take action to give Companies House anti-money laundering responsibility, rather than watching as fraudsters using UK shell companies waltz off with billions of pounds of public money?

John Glen Portrait John Glen
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I am grateful to be able to confirm to the hon. Lady, as I have on numerous occasions in Committees over the last two or three years, that this is a key priority for us in the Treasury. Obviously, as the Chancellor said, we cannot comment on future legislative agendas, but the measures she mentions, picking up on the Financial Action Task Force report from 2018 with respect to Companies House, are something we agree with.

Selaine Saxby Portrait Selaine Saxby (North Devon) (Con)
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T5. Does my hon. Friend have plans to help high streets such as that in Barnstaple in North Devon, which has many large vacant units with several storage floors above them, with measures such as business rates reform or a redevelopment fund, to enable those empty buildings to be repurposed and become smaller units combined with much-needed housing, so that town centres can bounce back after covid?

--- Later in debate ---
Bob Blackman Portrait Bob Blackman (Harrow East) (Con)
- Hansard - - - Excerpts

I have no argument against compensation being paid to the victims of the London Capital & Finance scandal, but I am concerned that they were paid 80% of the losses, yet the 800,000 victims of Equitable Life received only 22%. Does the Minister agree that it is a principle of fairness and of ensuring that people who save for their retirement are properly compensated?

John Glen Portrait John Glen
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I thank my hon. Friend for his question. He has a long-standing interest in the issue. The difference between the two is that people received compensation from Equitable Life on the basis of relative losses, which is the gap between what they received from their policy and what they could have expected from investing in a similar product. With LCF, the bondholders were expected to lose the majority of their principal investment and stood to get less back than they put in. The schemes were looked at in the context of their respective instruments and appropriate support was given. There are no plans to open up compensation for Equitable Life again.

Dan Jarvis Portrait Dan Jarvis (Barnsley Central) (Lab)
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The Budget confirmed that total funding through the UK shared prosperity fund will, at a minimum, match the size of EU funds in each nation, and in Cornwall. If the Treasury were to do the same with all the other less-developed regions, as it should, South Yorkshire would be on course to receive £900 million of investment over the next seven years. Will the Chief Secretary to the Treasury give an assurance that we will get our fair share?

Tackling Fraud and Preventing Government Waste

John Glen Excerpts
Tuesday 1st February 2022

(2 years, 10 months ago)

Commons Chamber
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John Glen Portrait The Economic Secretary to the Treasury (John Glen)
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It is a privilege to close this debate on behalf of the Government. I thank the 14 Back-Bench Members who made contributions this afternoon; I listened carefully to all those speeches, and I will try to address many of their points in the next few minutes. I particularly thank my hon. Friend the Member for Broadland (Jerome Mayhew) for his thoughtful speech.

I think it is clear that we are united in our recognition of the importance of tackling the twin scourges of fraud and waste, and I start by taking this opportunity to remind the House why we consider it a matter of great importance. This Government are ambitious for this country; that is why, during the pandemic, we sprang into action to save the economy, rapidly unleashing more than £400 billion in a package of support to protect jobs and businesses.

That is also why we are opening up opportunities to all through our transformative levelling-up agenda and our plan for jobs, and why we are focused on building back better and stronger from the coronavirus. All those policies and ambitions are underpinned by a pledge we made to the British people to safeguard our nation’s finances, so I turn now to the specifics of the debate.

First, I address the matter of covid-related fraud. Our covid support schemes have safeguarded millions of jobs and livelihoods throughout the country during the most difficult of periods. Our priority during the pandemic was always to ensure that support swiftly reached the businesses and individuals who needed it most. I think back to the reality of the situation in March, April and May 2020, when the first iteration of the CBILS met with delays; it did so because banks, following the previous crisis, had been forced and indeed constituted to do affordability checks. There was an outcry of anxiety, quite reasonably, from business owners and individuals up and down this country, and from hon. Members across the House. As a consequence, the Government recognised that we needed to develop a new iteration of that particular support, involving a 100% guarantee. We had conversations with the shadow Chancellor at the time about certain measures that needed to be taken to accommodate some of the challenges in getting that scheme to work quickly. We did so in full knowledge that the speed of delivery was critical if businesses were to be protected. Indeed, I am glad that so many were. That did not involve recklessness, but know your customer, AML and anti-fraud checks.

The bounce back loans helped 1.5 million businesses through the crisis. As the Paymaster General pointed out, the sheer volume of schemes that we introduced and the speed at which they were designed and implemented meant that it was not possible to prevent every instance of fraud and error.

Peter Grant Portrait Peter Grant
- Hansard - - - Excerpts

We all vividly remember the triumphant statements from the Chancellor at the time about how much money was being made available, but can the Minister refer us to any mention in Hansard from the Chancellor at the time about the levels of fraud that were being provided for in any of those schemes?

John Glen Portrait John Glen
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When we designed the schemes, it was clear that we had to put in reasonable measures around the identity of individuals and that we had to allow people to self-report their turnover. The whole conversation with the banks was designed to ensure that that money was available as quickly as possible while not being reckless with those finances. We did it on the basis that, inevitably, there would be a measure of fraud. I am grateful for the measured way in which the hon. Gentleman speaks in the House. I cannot give a specific answer to his question, but that explains the context in which the schemes were designed.

The measures that we put in place were robust and comprehensive. There was no one single point in time where we said, “We’ve got everything right”—I would never stand at this Dispatch Box and say that. Some £2.2 billion of potentially fraudulent bounce back loan applications were blocked through up-front checks and extra fraud checks were introduced in relation to the bounce back scheme at the earliest practical point. The Government categorically do not accept the suggestion, however, that those checks could have been part of the scheme at its launch.

I have spoken to officials on several occasions over the last two years about what more could have been done at the inception of those schemes. The extra checks that we put in place as quickly as we could would have delayed the start of the schemes, which were already delayed because of the circumstances I explained earlier. It would have caused further delay—in some cases, not just weeks but months—and would have led to serious harm for many SMEs at a time of what we all acknowledge was acute crisis.

Subsequently, however, we have given the Insolvency Service and Companies House new powers to prevent rogue company directors from escaping liability for their loans by winding down their businesses. We have invested £4.9 million in the National Investigation Service to probe serious fraud and it has recovered £3.1 million in the last year alone.

Alison Thewliss Portrait Alison Thewliss
- Hansard - - - Excerpts

The Minister has made the point about pursuing rogue company directors. Can he tell me more about how he intends to pursue them if the name given is clearly false or the address is incorrect?

John Glen Portrait John Glen
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I pay tribute to the hon. Lady’s work to highlight the inadequacies, which she reflected in her amusing but serious speech about Companies House reform. She knows my view, which I have stated numerous times, including at Treasury questions earlier today, that the reform of Companies House is an urgent priority. That is why, in the last spending review, the Treasury gave an extra just over £60 million to start that process. More needs to be done and legislation will be required to fulfil that process.

I will now address the motion’s claim that the Treasury has written off £4.3 billion in the furlough scheme and other HMRC-delivered covid support schemes, which could not be further from the truth. As the Chancellor has previously said, no, we are not ignoring that money and no, we are definitely not writing it off. We are taking decisive action to recoup it. We have invested more than £100 million in a taxpayer protection taskforce, which has over 1,200 HMRC staff focused on combating fraud. Make no mistake: this is one of the biggest and swiftest responses to a fraud risk ever made by HMRC. In fact, over 13,000 one-to-one inquiries were set up in the last tax year, and already the taskforce has contacted over 75,000 people, some of whom could face criminal prosecutions. Meanwhile, HMRC has already recovered over £500 million through a host of other robust measures, and I know that it will continue to consider every avenue when it comes to recouping money lost through fraud and error.

The motion refers to an NCA investigation. I stress that we have not prevented the NCA from investigating fraud associated with covid-19 support schemes. The NCA has investigated cases of fraud against the schemes and contributed to 13 arrests in relation to bounce back scheme fraud. The Treasury has worked closely with the Home Office on the law enforcement response to fraud, and I agree that the NCA should continue to pursue cases of serious fraud against bounce back loan schemes. As part of the 2020 spending review, the Government committed a further £63 million to the Home Office to tackle economic crime, including fraud.

I now want to address some of the points raised on procurement; the motion talks about public procurement. As my right hon. and learned Friend the Paymaster General said, we take our duty extremely seriously. On personal protective equipment, our focus during the crisis—rightly—was on saving lives and protecting our healthcare workers. However, as has been mentioned today, the pace of this roll-out involved a change in risk appetite, and meant that Treasury Ministers and officials had to make calculated judgments on how to apply that spending control. It was not business as usual. None the less, at all times, the principles set out in “Managing Public Money” continued to apply, DHSC took decisions on the basis of sound advice and all transactions were approved by the Cabinet Office and the DHSC clearance board. We will continue to combat fraud in that area. We will pursue any contracts where there has been a technical failure or other breach, and we will not hesitate to take legal action against suppliers where needed.

I will finish on some of the other aspects included in the motion, starting with defence. As somebody who was a member of the Defence Committee for a couple of years and attended the Royal College of Defence Studies course, I take a great interest in these matters personally. My hon. Friend the Member for Barrow and Furness (Simon Fell) mentioned the complexity of some of the procurements and the evolving scope of individual projects—sometimes, at the inception of these capabilities, their formation is not fully known, so it is a particularly challenging element of Government spending. However, the National Audit Office has noted the progress that we have made so far. The financial settlement of the 2020 spending review is helping the Ministry of Defence to move to a sound financial footing and we are focused on driving improvements that will result in greater value for money.

Equally, we are sharpening our tools to deal with the scourge of economic crime. We are committed to delivering reforms through the economic crime plan and the forthcoming fraud action plan and, thanks to the spending review settlement and private sector contributions, as has been mentioned, we have an additional £400 million to tackle such crime over the next spending review period.

I repeat my thanks to Members across the House for participating today. I have listened very carefully to their remarks and will reflect carefully on them. There can be no doubt that fraud and waste hamper a Government’s efforts to change lives and transform a country for the better. That is why we are focused on combating those threats to our national wellbeing, while working hard at boosting efficiency across every part of Government. We are right to take this action to fulfil that enduring commitment to the economy, to the country and to every citizen.

Question put and agreed to.

Resolved,

That this House agrees with the remarks of Lord Agnew of Oulton in his resignation letter that the Government’s record on tackling fraud is lamentable; recognises the vast amount of taxpayers’ money that has been lost to waste and fraud since the start of the coronavirus pandemic, including the estimated £4.3 billion recently written off from Treasury-backed Covid business support schemes; notes the Government’s unacceptable record of poor procurement over the last decade, including £13 billion wasted on defence projects; further notes the warnings the Chancellor received in 2020 regarding the serious weaknesses allowing for public funds to be diverted to criminal enterprises; calls on the Government to set out a strategy to recover all taxpayers’ money obtained by criminal groups and to fully engage with a thorough National Crime Agency investigation into all issues related to the fraudulent exploitation of the covid-19 support schemes; and further calls on the Chancellor of the Exchequer to make a statement to this House before 31 March 2022 detailing how much taxpayers’ money has been successfully retrieved.

Coronavirus Grant Schemes: Fraud

John Glen Excerpts
Tuesday 18th January 2022

(2 years, 11 months ago)

Commons Chamber
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Pat McFadden Portrait Mr Pat McFadden (Wolverhampton South East) (Lab)
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(Urgent Question): To ask the Chancellor of the Exchequer, if he will make a statement on fraud in the coronavirus grant schemes.

John Glen Portrait The Economic Secretary to the Treasury (John Glen)
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Since March 2020, the Government have delivered a comprehensive multibillion-pound package to support individuals and businesses during the pandemic. As the House would expect, the Government have taken the issue of potential fraud relating to covid grant schemes extremely seriously.

Robust measures were put in place to control error and fraud in the key covid support schemes from their inception. For instance, to minimise the risk of fraud and error and unverified claims, the coronavirus job retention scheme and self-employment income support scheme were designed in a way to prevent ineligible claims being made up front, and made grants for employees and businesses using existing data held on Her Majesty’s Revenue and Customs’ systems. That included cut-off dates around scheme eligibility and the need for customers to be registered for pay-as-you-earn online or self-assessment. In 2020-21, HMRC recovered £536 million of over-claimed grants.

To further bolster anti-fraud measures, at the spring Budget last year, the Government invested more than £100 million in a taxpayer protection taskforce of more than 1,200 HMRC staff to combat covid-related fraud. This taskforce is expected to recover between £800 million and £1 billion from fraudulent or incorrect payments during 2021-22 and 2022-23.

The Government’s bounce back loan scheme supported more than £46 billion of finance to 1.5 million businesses. We are continuing to actively work with the British Business Bank, lenders and fraud authorities to tackle fraud and to recover loans obtained fraudulently. The value of prevented fraud was £2.2 billion, and we continue to recover further funds through our counter-fraud work. In addition, as part of the spring Budget last year, we announced plans to significantly strengthen enforcement activity against fraudulent bounce back loans. That included introducing processes with the Insolvency Service to prevent the fraudulent dissolution of companies being used as a means to escape liabilities, granting the Insolvency Service new powers and investing further in the National Investigation Service.

Importantly, throughout the pandemic we have been transparent about the estimated level of fraud and error in the covid schemes, and HMRC’s annual report and accounts, which were laid before the House in November last year, included the latest information on error and fraud in the HMRC-administered covid-19 schemes. Figures on estimated losses and the bounce back loans, including those due to fraud, were published in the Department for Business, Energy and Industrial Strategy’s annual reports and accounts.

Given the unprecedented efforts that the Government have made to protect jobs and livelihoods during this pandemic, it would have been impossible to prevent all related fraud. However, we have taken reasonable steps, and will continue to do so, to deflect and combat that fraud, and we will continue to be vigilant.

Pat McFadden Portrait Mr McFadden
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I am grateful to the Minister. Last week, the Government confirmed that they expect to write off around £4.3 billion of the funds allocated to coronavirus help schemes. There was no press release, no Instagram video, no statement to this House and no sight of the vanishing Chancellor at all; it was just buried away on the Government website. The Government website states, and the Minister repeated the claim, that from the beginning:

“Robust measures were put in place to control error and fraud in the key coronavirus support schemes.”

If robust measures to prevent fraud were in place, why did they fail to this shocking degree?

In November, the head of HMRC estimated that around half the money lost could be recovered. Why has that estimate now been downgraded to only a quarter of the funds? Why are the Government giving up so easily and not doing more to track down the money, rather than allowing it to remain in the hands of the fraudsters and criminals who have stolen it from taxpayers?

Mr Deputy Speaker, £4.3 billion is a huge sum of money. It is enough to take hundreds of pounds off energy bills this year for every household in the country. It is about the same annual amount as the Chancellor took off people on universal credit in the Budget in November. It is roughly the same as half the annual policing bill for the whole country. This write-off of £4.3 billion comes as households face a cost-of-living triple whammy of rocketing energy bills, the Chancellor’s tax increases and a decline in real wages. Coming on top of the billions wasted on crony contracts and the amounts lost in loan schemes, these levels of waste destroy any claim that the Conservative party had of being careful stewards of the public finances. Will the Minister launch an investigation into how this happened and do more to recover this money from the fraudsters who stole it in the first place?

John Glen Portrait John Glen
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I thank the right hon. Gentleman for his comments, which I am very happy to address. First, we are not writing anything off. The figures quoted are what we expect that taxpayer protection taskforce to recover in the next two years in which it will exist. HMRC has longer to address fraud in the schemes, which it will do in the context of wider compliance activity. HMRC did not produce the figure of £4.3 billion. I understand that it was an inference made by journalists who subtracted £1.5 billion from the estimate of the amount to be recovered by the taxpayer protection taskforce from the £5.8 billion estimated as error and fraud in 2020-21. That was published and Jim Harra and others from HMRC publicised all this before Christmas—in November. HMRC simply used the same numbers in a “mythbuster” article to be published later this week.

Those are the facts. There is nothing new here today, but I would like to address some of the underlying concerns. The right hon. Gentleman is absolutely right to say that fraud is unacceptable. We think that, which is why—as I said in my opening remarks—in March last year, the Chancellor dedicated £100 million to employ 1,265 people from HMRC to undertake these fraud checks and to bear down on the fraud. We have had 13,000 one-to-one inquiries and sent 75,000 letters to those thought to have incorrectly claimed.

I point out to the right hon. Gentleman, however, that many of these schemes were stood up, refined and adapted very quickly. In order to meet the needs of individuals, the self-employed and businesses up and down the country, £81.2 billion of payments were made across the three main schemes. Although I recognise that there has been an element of fraud, the Government have never been complacent about that. Grants for employees and businesses used data on HMRC systems. The design of the scheme was informed by expert advice from HMRC, which has extensive knowledge and understanding of where errors and fraud risks lay. We have implemented post-payment compliance to identify and recover overpayment, and we have invoked automated controls into digital claim processes, which have prevented 100,000 ineligible, mistaken claims.

The Government are not complacent at all about error and fraud. We will continue to bear down on it, and I urge Members of the House and members of the public to continue to contact HMRC, as they have done, as we seek to maximise the recovery of moneys lost.

Kevin Hollinrake Portrait Kevin Hollinrake (Thirsk and Malton) (Con)
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I say to the Opposition that it is the easiest job in the world to stand on the sidelines and criticise, but what would they have done? Would they have waited and left businesses in peril? Would they have done that in search of the perfect? Some £407 billion has gone to businesses, the vast majority of which went to the right places. Of course there will be lessons to learn, but if the same situation happens again, will my hon. Friend prioritise the needs of business, rather than making the perfect the enemy of the good?

John Glen Portrait John Glen
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I thank my hon. Friend for the clear point behind his question. We were straining every sinew in the Treasury to get money out as quickly as possible. On 14 April 2020, a Labour party press release stated:

“It is clear that additional action needs to be taken to increase the take-up of the different measures. We have called for urgent action…as take-up is worryingly low.”

That is why we intervened to change the design of the bounce back loan scheme and to make it 100% backed to get the money out quickly—£46 billion to 1.5 million businesses. I am sure that lessons can be learnt from what we have done—absolutely they can—but the principle of getting that money out and designing schemes with HMRC’s excellent input during that period was imperative for the Government.

Alison Thewliss Portrait Alison Thewliss (Glasgow Central) (SNP)
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It seems, again, that when the going gets tough, the Chancellor goes missing.

HMRC said in its statement that fraud in the covid support schemes is in line with its original planning assumptions, but expecting this eye-watering level of fraud seems almost worse than it happening by accident. We see it also in the bounce back loan schemes. How much of the fraud relates to UK company structures and the related issues at Companies House, which make the UK such a magnet for money laundering?

As well as the Treasury being out of pocket, constituents of mine employed by companies deliberately employing dubious corporate structures did not even receive the furlough payments to which they were fully entitled. What consequences will there be for those companies, and for those people who never received the money that they were due, due to fraud and error? For the many people around these islands who received no support whatsoever—those who were excluded from support schemes—this fraud and error is all the more galling. Will the Minister apologise to them and put that right? Finally, when HMRC is chasing down an estimated 170,000 families who claimed child benefit in error, why is it letting fraudsters and criminals waltz off with £4.3 billion of public money, all of this in the midst of a cost of living crisis? That money should be in the pockets of our constituents, not of criminals.

John Glen Portrait John Glen
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I listened very carefully, as I always do, to the hon. Lady. I totally agree that we must not accept any fraud and error as inevitable, and we will continue to bear down on that. From the start we designed the schemes to involve “know your customer” and anti-money laundering checks on application. Measures were put in place by the British Business Bank to detect multiple applications—indeed, there was co-operation among UK Finance members on that. Subsequently, we have developed further interventions involving the National Investigative Service, the Insolvency Service and Companies House data to prevent rogue company directors from escaping liability. We will continue to bear down on the fraud that may have occurred. But initial data on the repayment of bounce back loans shows that in only 2% have borrowers defaulted, and only 7% are behind repayments in any form. There is no complacency in the Government’s approach, and we will continue to look at ways to maximise what we can reclaim where there have been errors and fraud.

Derek Thomas Portrait Derek Thomas (St Ives) (Con)
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It is right that we look carefully at how council tax payers’ money is spent, but let me refer to the current covid grant scheme, particularly for Cornwall. We in Cornwall need reassurance that Cornwall Council has absolute discretion in how to ensure that current leisure grants, for example, go to the businesses that most need them. At the moment, the council is saying that it has to pay the money to whoever applies, irrespective of how well their business is doing. My understanding from the Government is that, if a business is impacted by omicron, staff shortages, or reduced consumer demand, that is when the grant is paid. Could the Minister confirm to me, and to Cornwall Council, that it is for the council to ensure that the money goes where it is most needed, and that is what the Government intend?

John Glen Portrait John Glen
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I can certainly confirm that the intention behind the range of interventions was to find the most appropriate delivery mechanism for the different support payments, and obviously we have worked with local authorities to give them that discretion. Every authority will need to be held to account for how it has decided to deliver the grants. My hon. Friend has made a clear case for where those priorities need to lie, and we are clear about the intention behind the grants, but it will be for local authorities throughout the country to make their decisions in the right way.

Nick Smith Portrait Nick Smith (Blaenau Gwent) (Lab)
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Seventy-one million pounds of taxpayers’ money was fraudulently claimed through the eat out to help out scheme. How many arrests have been made, and are the criminals now enjoying prison food?

--- Later in debate ---
John Glen Portrait John Glen
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I am sorry, but I cannot give the hon. Gentleman an exact answer. What I can say to him is that, according to HMRC, the expectation of fraud as part of that particular intervention in the summer of 2020 was about 8.5%, and the figures submitted by Jim Harra, the head of HMRC, in last year’s report were in line with the expectations set out at the start of this journey.

Philip Hollobone Portrait Mr Philip Hollobone (Kettering) (Con)
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Our much-loved Kettering gymnastics club provides sporting facilities for about 1,000 local young people every week. It is a not-for-profit club, registered with HMRC under the community amateur sports club scheme, and it operates as a club and not as a business. It has previously received covid grant funding from the council, but the later schemes issued in December 2021 seem to refer just to businesses, rather than to clubs. Can the Minister clarify the Government’s guidance to local authorities about whether clubs are eligible for the new funding?

John Glen Portrait John Glen
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I recognise that the gymnastics club in Kettering, along with so many other clubs of that type around the country, provides an enormously valuable point of contact for young people. I should be happy to examine my hon. Friend’s point in detail and write to him with clarification, rather than dealing with it from the Dispatch Box. The principle of giving discretion to local authorities in order to meet the needs in particular communities has guided the Government throughout this process, and we have used this grant channel a number of times for that reason, but I will look as sympathetically as I can at the question that he has raised.

Meg Hillier Portrait Dame Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)
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The Minister referred to default as though it were the equivalent of fraud. The Public Accounts Committee has examined in great detail the issue of fraud in this area. As I am sure he knows, there are grants and bounce back loans taken fraudulently that people will be repaying, but the criterion on which they obtained them was itself fraudulent.

The Minister seems to be accepting this level of fraud. Will he make a clear statement that fraud at all levels will be investigated? We gained the impression from HMRC and others who appeared before us as witnesses that they would take the low-hanging fruit and let a lot of fraud continue without being tracked down.

John Glen Portrait John Glen
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I know that the hon. Lady’s Select Committee is conducting an in-depth inquiry. I believe that the second permanent secretary and others appeared before the Committee last week, and I look forward to its report.

I can absolutely clarify that we do see the distinction between a credit loss and fraud. What we are talking about here is: what are the most effective mechanisms, and over what timeframe, to get that money back? Also, we have received moneys back from, for example, the furlough scheme: moneys and grants that were made in error. So it is a complicated picture. I am certainly not suggesting from this Dispatch Box that the Government are writing anything off, or do not grasp the distinction between a credit loss and fraud. This needs to be tackled, but it needs to be tackled in a time and money-efficient way. Obviously the law of diminishing returns begins to apply after a certain point, and we will again by led by HMRC and its excellent advice as we pursue the matter.

Julian Lewis Portrait Dr Julian Lewis (New Forest East) (Con)
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The Government are saying that fraudsters will still be relentlessly pursued. If, heaven forbid, the Minister ever had to implement such a scheme in the future, would he regard it as a satisfactory result to know that 99% of these huge sums of money went to the intended recipients?

John Glen Portrait John Glen
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I thank my right hon. Friend for his question. He helpfully highlights that many of these grants and schemes were very effective in getting money to the right people in a timely way. I spoke earlier to an official from HMRC, who said, “We managed to get some of the money out in six days. If we had spent more time designing in more verification, we could have made it watertight. That would have taken several months and many businesses would have gone to the wall.” That was the dilemma we faced. I am not saying we got everything right, but it was certainly done in all good conscience to try to get the balance right.

Mick Whitley Portrait Mick Whitley (Birkenhead) (Lab)
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The announcement that no action will be taken to recover the nearly £4 billion fraudulently claimed from the covid support schemes stands in stark contrast to the Government’s treatment of some of the poorest people in my constituency who had their benefits cut off, and who were even chased through the courts, for making the simplest of mistakes when claiming benefits.

Will the Minister concede there is a double standard when it comes to holding the rich and powerful to account, whether for breaching lockdown restrictions or even for downright fraud? Will he also commit to providing redress to my constituents who have suffered so enormously as a result of this Government’s heavy-handed approach to accidentally misclaimed benefits?

John Glen Portrait John Glen
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I do not accept the premise of the hon. Gentleman’s question. The estimate of the amount of fraud is broadly in line with what we see in other Departments, including the Department for Work and Pensions. There is no complacency here. There is a desire to iterate our response by using insights into behaviour to examine all avenues to reclaim this fraud, and we will continue to take that approach fairly across all the schemes.

Toby Perkins Portrait Mr Toby Perkins (Chesterfield) (Lab)
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It is interesting to hear the Minister confirm what I have often believed—that it was pressure from my colleagues on the shadow Treasury Bench that forced the Government to extend their proposed action to support businesses. I am glad he has confirmed that, but, on the specifics of this case, does it not say everything about this Chancellor that he is willing to write off £4.3 billion but does not have the courage to come to this place to respond to the question asked by my right hon. Friend the Member for Wolverhampton South East (Mr McFadden)?

John Glen Portrait John Glen
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I have been in the Treasury for more than four years under three Chancellors. I have supported them all to the best of my ability, and I will continue to do so. What I can tell the hon. Gentleman is that the Chancellor has been absolutely committed from the start to design the best possible scheme to provide the money to support businesses and individuals up and down this country. Since then, the £100 million investment in extra HMRC personnel has been designed to maximise the recovery of fraud. The work on duplicate application checks, the changes in director information and the HMRC turnover check—all these insights were designed to minimise the loss to the taxpayer. That governs the Chancellor’s approach, and it governs the approach of all Ministers and officials in the Treasury.

Stephen Flynn Portrait Stephen Flynn (Aberdeen South) (SNP)
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What does it say about the integrity of this Tory Government that they are willing to write off billions of pounds of taxpayers’ money while, at the same time, cutting the income of millions of people on universal credit during a cost of living crisis?

John Glen Portrait John Glen
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This Government made a range of interventions to support people in different forms and in different ways. We were clear from the very start that we would not be able to help everyone. One of the issues we had to reconcile was verification of people’s identity and status, and this measure to prevent fraud arguably stopped some people accessing the benefits of some of these schemes. I do not accept the premise of the hon. Gentleman’s question.

Matt Western Portrait Matt Western (Warwick and Leamington) (Lab)
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The Minister will be aware that in 2020-21, Companies House showed the greatest ever number of incorporations. Did the Government not sniff something going on? If they did, why did they not act? If they are honest, do we not face taxpayers everywhere having to pick up the £4.3 billion bill for their failing?

John Glen Portrait John Glen
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No, I do not accept that, I am afraid. At every stage the Government took the best advice that we could on the flows of data that were available from HMRC and Companies House, which conditioned the design of the schemes. Subsequently, insights and input from Companies House, HMRC and the Insolvency Service have governed how we seek to tackle and recover moneys from fraud.

Tony Lloyd Portrait Tony Lloyd (Rochdale) (Lab)
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The Minister shows a degree of nervous embarrassment but very little by way of contrition. Companies in my constituency face closure because they are struggling. What would that £4.3 billion have done for those that did not qualify for any assistance from this Government?

John Glen Portrait John Glen
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I am of course very concerned about businesses that are struggling and have been in difficulty, but I am pleased that the economy has recovered far quicker than many anticipated it would this time two years ago, and I am pleased that unemployment is at about 4.1%, rather than the 12% that was anticipated at the start of this crisis. There is no complacency from this Government, and there is an absolute determination to support businesses in getting back on their feet and trading. That is why we put in place so many interventions, which were designed in different ways to maximise the support to businesses and individuals across this country.

Wendy Chamberlain Portrait Wendy Chamberlain (North East Fife) (LD)
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The Government say time and again that support during the pandemic for the people who fell through the gap between the job retention scheme and the self-employed scheme would be too difficult to administer because of the risk of fraud. We now know that, simultaneously, companies that were defrauding taxpayers were being supported. We are left to conclude that the decision not to help those 3 million people was simply political. Those small businesses, sole traders and entrepreneurs should be the driving force of the UK’s economic recovery in the months and years ahead. What impact has this lack of support had on those sectors, and what will the Government do to support them going forward?

John Glen Portrait John Glen
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The hon. Lady points to the fact that none of these schemes was perfect. She recognises implicitly that checks against data to verify people’s identity were necessary to ensure that they were suitable recipients of taxpayers’ funds. Unfortunately that meant that some were not able to secure the support that they sought. Where we can, we have moved forward and iterated these schemes, focusing and targeting them on the sectors of the economy that were most hit at different stages in this crisis, but I concede that unfortunately we were not able to help everyone, as we would have liked.

Andrew Gwynne Portrait Andrew Gwynne (Denton and Reddish) (Lab)
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The Minister said that the Government were straining every sinew to get money out quickly, and nobody disagrees with that, but there must be retrospective due process to ensure that there was proper compliance. Defrauding the public purse can never be acceptable. One emergency loan for £4.7 million went to a firm founded just two days before it received the funds. How many other companies had only just been formed?

John Glen Portrait John Glen
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Unfortunately, I am sure that there are examples of people who conducted fraud; that is self-evident. I urge the hon. Gentleman to give as much information as he can to HMRC, so that these matters can be chased up. There was always a balancing act between speed of delivery and risk of fraud, and Government and Ministers’ decisions were made in the light of the best advice. It was not a perfect situation. However, we were urged to get that money out—not just by Labour but by the CBI, the Federation of Small Businesses and numerous other organisations—and we responded. I think that was generally acknowledged, and it certainly was by the shadow Chancellor at the time.

John McDonnell Portrait John McDonnell (Hayes and Harlington) (Lab)
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This is outrageous. This is an attempt to shift the blame to everybody but the Government. Of course MPs across the House were pressing the Government for speed of action—for everyone, not just for a select few—but we were also raising issues of fraud. I wrote to the Chancellor within weeks of the scheme’s being introduced about the information coming in about fraud. I tabled parliamentary questions on 3 July. I simply asked what measures were in place. What response did I get?

“I cannot go into specific detail about measures either in place or in development. For the same reason, it is not possible to release the number of fraudulent applications or associated investigations.”

I asked the same questions about the number of companies going bust and so on but still receiving grants.

I ask the Minister: what other organisation loses billions, yet no one is held to account, no one resigns and there is not even a word of apology—not a single sentence of regret? That money could have been used effectively to lift people out of poverty and to support jobs, yet through the incompetence of this Government, it has gone missing.

John Glen Portrait John Glen
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I thank the right hon. Gentleman for his question. I do not accept the premise behind it, but I do accept that we moved £81.2 billion of support through various schemes out to businesses and individuals up and down the country, and that there was an element of fraud, which we will continue to bear down on aggressively.

Florence Eshalomi Portrait Florence Eshalomi (Vauxhall) (Lab/Co-op)
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The Minister may be aware that my Vauxhall constituency is home to world-renowned arts and cultural centres and small independent theatres, many of which are supported by young, up-and-coming independent actors, freelancers and artists who received no support whatsoever. Seeing the Government wipe away this £4.3 billion debt is another slap in the face for people who have struggled for the past 22 months without any support, even though they are taxpayers. I pay tribute to the many business improvement districts across Vauxhall—the South Bank BID, Vauxhall One, Brixton BID and This is Clapham—which support small and independent businesses up and down my constituency that struggled and often did not qualify for any grants because of the rateable values associated with inner-London constituencies. Does he understand that many people feel anger when they see the Government write off this £4.3 billion?

John Glen Portrait John Glen
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As a former arts Minister who visited many of those organisations in the hon. Lady’s constituency in years past, I recognise the enormous contribution that creative industries make there and across the country. Of course, the grants we gave through the Department for Digital, Culture, Media and Sport, the recovery fund, and the support through local authorities got to many of those organisations. I stand here today not with a sense that nothing could have been done better, but recognising that there was a balancing act between speed of delivery of support to businesses, and complexity, with the delays that would inevitably have ensued. I am contrite about our not getting everything right, but I am also clear about the real dilemma that we faced at the time.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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I think everyone in this House recognises that Government stepped in and helped; I know my constituents recognise that, and we want to put that on record. HMRC stated in November that its taskforce was expected to recover some £1 billion in fraudulent or incorrect claims over the past two years and referred to some 23,000 investigations that had been opened. Only 25% of the money will of course be returned, so can the Minister clarify how that came to be, and what lessons have been learned for any future financial claims?

John Glen Portrait John Glen
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As ever, I thank the hon. Gentleman for his question. I set out in my previous answers the dilemmas with respect to speed of delivery. However, HMRC has done a fantastic job in designing the schemes and standing them up quickly under enormous pressure. We will continue to work closely with HMRC and take its advice as we make decisions on how to tackle enduring fraud risk. More broadly, lessons can be learned about the design of future schemes.

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Thank you, Minister, for responding to the urgent question. We will have a brief pause to allow those who are leaving to leave.

Charter for Budget Responsibility and Welfare Cap

John Glen Excerpts
Monday 10th January 2022

(2 years, 11 months ago)

Commons Chamber
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John Glen Portrait The Economic Secretary to the Treasury (John Glen)
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I would like to start by agreeing with the remarks of the shadow Chief Secretary to the Treasury, the right hon. Member for Wolverhampton South East (Mr McFadden), concerning the great sadness at the passing of Jack Dromey at the weekend. I debated some legislation with him three years ago and he was a man of the greatest integrity. He was one of the best of us and he shall be missed across the House. My thoughts and prayers are with his family, especially the right hon. and learned Member for Camberwell and Peckham (Ms Harman), at this difficult time.

It is a privilege to close the debate on behalf of the Government and I thank Members, who have made informed contributions. In a few moments, I will turn to the substantive points that they have raised.

The pandemic has left us with levels of borrowing unparalleled in our peacetime history. Without considered action, something that was necessary in the short term could easily become unaffordable in the long term. The British people look to us now for a clear commitment that we will address that threat. As a Government, we will always be responsible with their money and, once the crisis has passed, deliver on our promise to strengthen the nation’s finances.

The charter represents a world-leading framework to guide us—a clear path back to fiscal sustainability—and it sets out a route to prosperity. On the one hand, we will get debt falling and rebuild our fiscal defences. On the other hand, we will support the economy to the best of our ability and invest in the future. To do otherwise would mean failing to fulfil our own potential and denying future generations the chance to fulfil theirs. Instead, we choose a plan that will enable us to rebuild the fiscal buffers, create the conditions for a strong economy and deliver on our historically significant investment plans. It also provides a sustainable welfare system while increasing the level of the cap, to reflect the impacts of the pandemic on our society, as the Chief Secretary to the Treasury set out in his opening remarks. In the plainest terms, to vote for the welfare cap motion is to vote simply to increase its level.

I want to turn now to some of the substantive points made in the debate. I do not recognise the characterisation by my right hon. Friend the Member for Wokingham (John Redwood) of this debate as a “Maastricht tribute debate”, but I do recognise his enthusiasm for growth and his desire to target growth. That is obviously a critical element of the Government’s strategy. It is absolutely clear that we need to focus on greater productivity and it is important that, as set out in our plan for growth, with a focus on skills, infrastructure and innovation, we will deliver the key priorities of levelling up and net zero. I do not think that we disagree about the importance of economic growth and productivity, but because of the actions that we took to support our economy, we have been more successful than previously feared in preventing the long-term economic damage of covid. In its latest forecast, the OBR revised down its scarring assumption, from 3% to 2%.

The remarks of the hon. Member for Glasgow Central (Alison Thewliss) were echoed in part by the hon. Members for Glasgow East (David Linden) and for Cynon Valley (Beth Winter) and the right hon. Member for Hayes and Harlington (John McDonnell). I make it really clear to the House that the £10.5 billion increase to the cap provides the headroom above the forecast to allow for fluctuation in cap spending, and the cap only formally applies in 2024-25. The hon. Lady referred to rolling rules. Obviously, they can absorb some of the shocks and endurable challenges we face. I also draw her attention to the remarks of the Institute for Government:

“The rationale for a rolling target is that it provides flexibility should the economic situation change.”

I turn now to the very thoughtful and characteristically well-informed speech by my hon. Friend the Member for North East Bedfordshire (Richard Fuller), who set out the historic perspective but also recognised the changing macro-economic realities globally.

I thank hon. Members for their speeches. None of us in this House takes stewardship of the public finances lightly. It is important that we recognise that we take all steps that we can to ensure that this country is set on the right course. Therefore, I commend the motions to the House.

Question put.

Treasury

John Glen Excerpts
Wednesday 5th January 2022

(2 years, 11 months ago)

Ministerial Corrections
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The following is an extract from the Westminster Hall debate on Co-operatives and Mutual Societies on 14 December 2021.
John Glen Portrait John Glen
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We have also released £96 million of dormant asset funds to Fair4All Finance, to support access to affordable credit products, including those from credit unions. Last Monday, on Second Reading of the Dormant Assets Bill, we introduced the extension of the pool of moneys that will be available from an extended range of financial instruments—£880 million over the next 10 years—which will be for Fair4All Finance to allocate.

[Official Report, 14 December 2021, Vol. 705, c. 271WH.]

Letter of correction from the Economic Secretary to the Treasury:

An error has been identified in my speech.

The correct information should have been:

John Glen Portrait John Glen
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We have also released £96 million of dormant asset funds to Fair4All Finance, to support access to affordable credit products, including those from credit unions. Last Monday, on Second Reading of the Dormant Assets Bill, we introduced the extension of the pool of moneys that will be available from an extended range of financial instruments—£880 million over the next 10 years—which will be available for allocation.