Financial Services and Markets Bill [HL] Debate

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Department: Department for Business and Trade

Financial Services and Markets Bill [HL]

Lord Kamall Excerpts
2nd reading
Monday 8th June 2026

(4 days, 5 hours ago)

Lords Chamber
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Lord Kamall Portrait Lord Kamall (Con)
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My Lords, I thank the Minister for his recent letter and the meeting he convened last week, but also for clearly laying out the ambitions for this financial services Bill. For many years, I sat on the Committee on Economic and Monetary Affairs of the European Parliament and worked closely with the noble Baroness, Lady Bowles. I also see the noble Baroness, Lady Gill. We worked on money market funds together. On that committee, we scrutinised a slew of regulation following the 2007 to 2008 financial crisis.

In each case, I asked four questions. First, do we need this legislation, given how much regulation we already have? What problem are we trying to solve? Are we just regulating to be seen to be doing something? Secondly, if a bank or other financial institution failed tomorrow, how do we make sure it would not be bailed out with taxpayers’ money? Thirdly, who takes responsibility for failure? We debated the merits of director liability and whether this would encourage directors to take more interest in what is on their banks’ balance sheets. Fourthly, how do we make sure, when it comes to complex financial instruments on balance sheets, that while banks might be willing to book the income up front, they make sufficient provision for potential losses, just as we saw with financial instruments such as CDOs and CDSs in the run-up to the financial crisis?

As others have said, it is nearly 20 years since the last crisis, but we should remember that, after each crisis, there is a temptation to regulate for the previous one. Then, after a while, there are calls to loosen rules, to increase liquidity or access to credit, which in turn raises concerns about whether this could contribute to the next crisis. With this Bill, I welcome the ambition to reduce complexity and inflexibility, to simplify what has become a complicated consumer credit regime, and to streamline regulations and reduce the number of overlapping regulators. Like my noble friend Lady Noakes, however, I remain concerned about regulator accountability. Although I generally support less regulation, I recognise that when things go wrong, quite often the public expect politicians to do something—just do something. We should remember why measures such as ring-fencing were introduced or, some would argue, reintroduced.

The Explanatory Notes to the Bill say that the benefits of ring-fencing vary across areas and can

“give rise to unintended consequences in practice”.

There is also some concern about the impact on the bank resolution regime. Can the Minister explain what those unintended consequences were and the impact of the reforms on the bank resolution regime?

On the overseas recognition regime, I welcome the Government’s intention to take a different approach to the EU. During my time in the European Parliament, much of the equivalence was driven more by protectionism than resilience, often limiting choice for investors and consumers. On accountability, I welcome reform to the senior managers and certification regime to approve accountability of appointed representatives, but I will also be looking to understand how proportionate or burdensome this requirement would be.

I now come to the area of financial services where I maintain a strong interest: that is, how do we increase access for those who many describe as financially excluded? Both the UK and then the EU brought in legislation to force banks to offer basic bank accounts. That may sound reasonable but, in reality, this was forcing banks to offer accounts to customers who they did not particularly want to serve—I wonder what that means in terms of customer service. An unintended consequence is that this squeezes out potential competition from non-banks, such as credit unions, which would welcome the ability to serve these customers and grow. I welcome the Government’s intention to increase the number of mutuals and co-operatives, and to wider the common bond requirement, but I wonder whether they could go further. Being slightly radical, I ask the Minister: have the Government looked at the feasibility of abolishing the common bond altogether? If so, what concerns were raised? Also, as we see more banking in hubs in response to high street bank branch closures, could we perhaps create a win-win situation where credit unions or CDFIs, which I will discuss later, run those banking hubs? Not only can they serve their customers, but they can earn additional revenue facilitating payments into, or withdrawals from, accounts held with banks.

I am disappointed not to see an explicit reference to microfinance, which in the UK we call community development financial institutions, or CDFIs—non-profit, community-based organisations that offer financial support and credit to individuals and financially excluded entrepreneurs who otherwise might turn to payday lenders. One of the most amazing CDFIs—one that I try to help where I can—is Purple Shoots. It was founded by Karen Davies who, when she worked in financial services in London, realised that entrepreneurs from poorer backgrounds were often being turned down not because of a poor business case, but because of their credit status. She therefore set up Purple Shoots to offer mentoring and loans between £500 and £3000. When it turns down a loan but thinks the idea has merit, it provides wraparound care to get the entrepreneur’s business case into a position where it merits a loan.

The impact has been amazing. When I hosted a parliamentary event for Purple Shoots, we heard from Trevor Palmer who turned up in a complicated electric wheelchair. Partly because of this, he had been written off by mainstream finance. Thanks to advice and a loan from Purple Shoots, he was able to start his enterprise, take himself off benefits and later employ others and take them off benefits. Organisations such as Purple Shoots are driven by both a belief in the spirit of enterprise and a real social purpose.

As Sam Rex-Edwards and Kay Polley from the Finance Innovation Lab said to me, talent, ambition and entrepreneurial potential are spread across the country; access to finance is not. While many larger organisations can access lottery funding, which in turn means they can offer much larger loans, Purple Shoots cannot access these funds to offer much smaller loans, often with a higher social impact. When it applied for lottery funding, it was told to raise their interest rates and, in effect, to lend to fewer entrepreneurs. While anyone who is unable to pay back on time is, quite rightly, counted as a default, and understandably so for mainstream banks, Purple Shoots instead prefers to give them a little more time to repay. For these reasons, it does not tick the right boxes for lottery funding. Although I understand that lottery funding is dealt with by another government department, DCMS, I ask the Minister: given that the Bill does not specifically mention CDFIs, what is the thinking in both departments on how to create the space for CDFIs such as Purple Shoots to grow, for others to enter the market, and to increase access to credit and advice for entrepreneurs from all communities, not only those who have easy access to credit?

Time is limited, so I end by saying that this Bill deserves support where it reduces needless regulations but does not reduce the accountability of regulators, where it strengthens financial resilience but does not reduce proportionality, and where it widens financial inclusion but does not reduce consumer rights.