Enterprise Bill [HL]

Lord Deben Excerpts

Wednesday 28th October 2015 Grand Committee

The great advantage would be that it would shine a light on larger companies that were not paying their invoices on time, and thus accumulating late payment costs which would have to be disclosed in the statutory accounts. It would not cost anything to do this because it would be done automatically anyway by any good internal accountant, and the information would be absolutely fantastic for the Small Business Commissioner. Our contribution to getting around this power blockage in the Government’s mind in terms of the Small Business Commissioner is to use existing disclosure arrangements for small companies and large companies— the published accounts—to report on and note the activity that is actually going on in this sector. I beg to move.

[Lord Deben (Con)]

My Lords, I hope that my noble friend the Minister will take this point seriously. First, the figure which has been produced by the noble Lord is remarkable. Even if you were to halve it, it would still be remarkable, so I am very interested in that. I want to tell the Committee about my own experience of the construction industry, in which I had a company for some time, but no longer. The comment made by the noble Lord, who is now no longer in his place, that it is not a litigious industry seems to be totally contrary to the truth. It is probably the most litigious of industries. Indeed in many cases, certainly in the past, that is how decisions were made: you made contracts where you knew you were going to go to court at the end of it. That is how you made your decisions. I am afraid that it is a very unhappy history. Anyone who has read the Egan report or indeed the one before his would see just how this business has not changed to the degree that we all hoped it would.

The point I want to draw to the attention of my noble friend is that many companies in other areas manage to have very few bad debts and few bills. Every month, the board of the company of which I am the chairman gets a report on bad debts. I am happy to say that it is a very short report and they do not carry on through to the next month. That is because the company is well run and chases these things up. I do not think that there is a company of any kind in the construction industry which could possibly say that, because it is not the nature of the industry. Once people get into the habit of thinking that this is the way they can behave, that is the way they behave. It becomes a kind of chain: because you do not get your money, you do not pay the money to the other person. They do not get their money and it goes on in that way.

We have to break into that chain. I had not come across this idea until I read the amendment. It seems to me quite an original idea. However, I hope my noble friend will recognise that this is at the heart of the problem. We are talking here about an amount of money that is sufficiently large to make a huge difference if it were redistributed rather quickly. If this situation occurred in any other major industry, there would be cries of outrage, although it does not apply anywhere else that I can think of. My business interests are spread over quite a lot of different companies and I do not think I have ever known the kind of reaction that one has in the construction industry. Therefore, I hope very much that my noble friend will take this seriously. It may not be the answer but it may give her a clue how to provide another answer.

[Baroness Neville-Rolfe]

I thank noble Lords for this amendment and, indeed, for the whole series of amendments on the Small Business Commissioner, which have enabled us to have a very good debate. I am glad that my noble friend Lord Deben joined the debate and note his comments on construction, which we can consider in the context of the review that we have just agreed to. However, as he says, more generally, in other sectors some companies are much better payers. What we want to do is to change the culture so that this is the norm rather than the exception, if it is the exception. I do not know the exact facts but the overall numbers are a cause of concern, as we have said on a number of occasions.

The amendment before us, which is not really concerned with construction, would require companies to report outstanding liabilities relating to overdue payment, including interest payments on the unpaid invoices. It would require any failure to disclose this information to be reported to the commissioner.

During Report of the small business Bill in the Lords, I brought forward amendments, as noble Lords may recall, to specify in the Bill how the reporting power could be used in relation to payment performance and interest owed and paid in respect of late payment. Over the summer, my officials have been working with stakeholders on the regulations. We have established a working group to draft non-statutory guidance to ensure that companies are clear on their reporting obligations, and that the information reported is robust and comparable.

From next year we will require companies to report online every six months against a comprehensive set of metrics. That includes the proportion of invoices paid beyond agreed terms and the proportion of invoices paid within 30 days, between 31 and 60 days, and beyond 60 days. That is a lot of information for the top 14,000 companies. It will not be in the annual accounts as we want the information to be provided quickly. The information will, however, be rigorously monitored and will be timely and accessible—more so than putting something into the annual accounts.

The new prompt payment reporting requirement will enable us to bring increased transparency on payment practices and performance. We can legislate by regulation for the Small Business Commissioner to monitor that information, which I think is one of the things that the noble Lord emphasised in his presentation of the amendment. The commissioner may also highlight good and poor performers as part of his or her efforts to drive a fundamental change in behaviour. This will help exert the necessary pressure—a point we keep returning to—on companies to make sure that their suppliers are paid on time and fairly compensated when that is not done.

I am confident that the measures imposed on the Small Business Commissioner will lead to significant change in the UK’s payment culture. I note that the noble Lord said he would want to return to issues to stiffen powers on Report. I would only say in conclusion that I would very much regret seeing an adversarial element developing in this proposal. We do not want more costs, more lawyers and more delay. I think that we have a shared objective of trying to make the Small Business Commissioner a success, but in the mean time I ask the noble Lord to withdraw the amendment.