Financial Services Bill

Lord Tunnicliffe Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Thursday 28th January 2021 Lords Chamber

[Lord Tunnicliffe (Lab) [V]]

My Lords, I begin by thanking the Minister and his officials for their early engagement on this legislation, which is both wide-ranging and highly technical. I very much hope that this spirit of co-operation will continue throughout the Bill.

In recent times, our consideration of financial services matters has been restricted mainly to a raft of EU exit statutory instruments. As joyous as those debates were, this Bill provides a welcome shift in focus. It is a rare opportunity to review and revise the sector’s regulatory architecture, to ensure it is fit for purpose in the post-Brexit world.

As others have noted, financial services make a significant contribution to the UK economy in several respects: economic output, contribution to the Exchequer and the provision of skilled jobs. Despite recent capital movements to places such as Frankfurt, London remains one of the main global hubs of financial activity. The Chancellor has spoken of his wish to make London the world’s pre-eminent financial centre and, through our consideration of this Bill, we will be passing judgment on whether—and how—that ambition can be achieved.

While we often speak of London or the City, it is important to remember that financial services firms employ hundreds of thousands of staff across the country. Banking, insurance and other financial services have a significant impact—mostly positive, but sometimes negative—on the lives of consumers in every corner of the UK. A further task of ours is to make sure that this legislation works for them, as well as the firms themselves.

We may be more than a decade on from the global financial crisis, but this debate has highlighted that the events of that time remain at the forefront of our minds. Given the severe economic and social costs that came out of past regulatory failure, that is only right. It speaks to the points that I have just raised, that is, the importance of ensuring an appropriate balance between flexibility and responsibility.

Central to achieving this balance is the topic of oversight and scrutiny. As far as I can see, and as other noble Lords have observed, this Bill is severely lacking. Several fundamental regulatory changes are proposed in the Bill, yet, in many cases, there is no scope for formal parliamentary scrutiny. The Treasury has not always availed itself of the opportunity to attach scrutiny procedures to existing processes that could benefit from them.

I am sure that the Minister will assure us that the parliamentarians will be able to feed into and keep abreast of consultations and other policy exercises. To avoid any doubt, we clearly would not wish to unduly impinge on the independence of the Financial Conduct Authority, the Prudential Regulation Authority and other key actors. However, half of the delegated powers in this Bill go directly to regulators, and not even one of those has a formal parliamentary process attached to it.

I would not go so far as saying these proposals amount to deregulation, but I do believe that there is an absence of proper oversight and scrutiny mechanisms could lead us down a dangerous road in the future. As my noble friend Lord Eatwell, who will join us during later stages of the Bill, notes, the language used in the Bill’s supporting documents is, in places, worryingly reminiscent of the early 2000s.

It seems to me that, at the very least, regulators should be required to engage meaningfully with Parliament as a matter of course. It means more than periodically publishing reports or giving evidence to committees after important policy changes have been enacted. In the other place, arguments were put forward that Parliament should have a role in approving new rules before they take effect. I am sure we will explore this further.

Given the level of interest in this topic, I hope we can work collaboratively across your Lordships’ House to ensure improvements are made. In an ideal world, the Minister would work with us. However, if the Government remain unconvinced of our arguments, we reserve the right to ask MPs to think again. After all, we were told time and again that leaving the EU would see power returned to Parliament. Let us ensure the promise is upheld.



I am sure there are many of us who were hoping never to utter the word “Brexit” ever again. However, this Bill is inherently linked with the outcomes of the Brexit process. Therefore, as we progress to Committee, we will need to examine forensically the gap between the Government’s many commitments on financial services and the suboptimal reality the sector faces. Even if the Government seal a memorandum of understanding in March, access to EU markets will be well below what they have been. Why has the Prime Minister fallen so far short of his promises?

I am conscious that noble Lords are eager to hear from the Minister, so I will be brief in outlining other areas of concern. We expect important debates on the shift from LIBOR to SONIA and all that entails. Several noble Lords mentioned additional steps that could help to tackle money laundering and other forms of financial crime. It is important that we get this right. As I have mentioned, we need to ensure that consumers are properly protected from unscrupulous practices. On this last point, we will seek to table amendments that require proper regulation of the “buy now pay later” firms which appear to have grown exponentially during the Covid-19 pandemic. A review is under way in this area, but Labour believes that more urgency is required, especially if we are to avoid a repeat of the social problems that resulted from the past behaviour of certain payday lenders.

We look forward to working with colleagues on all Benches to hold the Chancellor to his word on greening finance. The Government have made a range of broader commitments, domestic and global, on climate change and it is vital that our legislation reflects the urgency of the situation.

This has been a very good debate, graced by two excellent maiden speeches. I congratulate the noble Lord, Lord Hammond of Runnymede, and the noble Baroness, Lady Shafik, on their excellent contributions. It has been both a good debate and a surprising one. There has been a remarkable level of consensus running through the discussions, and I believe that that consensus means that the Bill is going to be much amended before it is sent back to the other place. I particularly think that the whole issue of accountability and scrutiny of the regulation-making powers is crucial and has to be further considered. I think the noble Baroness, Lady Noakes, got it right—it is not often I agree with her—and the words “accountability deficit” are crucial.

I recommend that the Minister ponders carefully what he hears in the subsequent days of debate in Committee. The best way forward will almost certainly be through negotiated agreement to reintroduce a satisfactory level of accountability and scrutiny.