Parliamentary Commission on Banking Standards

Lord Young of Cookham Excerpts

Monday 16th July 2012 Commons Chamber

[The Leader of the House of Commons (Sir George Young)]

I beg to move,

(1) That a Committee of this House be established, to be called the Parliamentary Commission on Banking Standards, to consider and report on—

(a) professional standards and culture of the UK banking sector, taking account of regulatory and competition investigations into the LIBOR rate-setting process;

(b) lessons to be learned about corporate governance, transparency and conflicts of interest, and their implications for regulation and for Government policy;

and to make recommendations for legislative and other action.

(2) That Mr Andrew Tyrie be Chair of the Commission.

(3) That Mark Garnier, Mr Andrew Love, Mr Pat McFadden and John Thurso be members of the Commission.

(4) That the Commission have leave to join with any committee appointed by the Lords to consider the said matters.

(5) That the Commission may hold meetings under the provisions of paragraph (4) of this order at any time after the Lords has agreed to appoint a committee.

(6) That the Commission shall, except as provided for in this order, follow the procedure of a select committee of this House.

(7) That the Commission shall have power—

(a) to send for persons, papers and records;

(b) to examine witnesses on oath;

(c) to appoint specialist advisers;

(d) to invite specialist advisers (including Counsel appointed as specialist advisers) to examine witnesses;

(e) to adjourn from place to place;

(f) to sit notwithstanding any adjournment of the House; and

(g) to report from time to time.

(8) That the Commission shall have power to appoint sub-committees to consider matters specified by the Commission within the terms of this order and a subcommittee shall have—

(a) the powers in paragraph (7)(a), (b), (e) and (f); and

(b) the power to invite specialist advisers appointed by the Commission (including Counsel appointed as specialist advisers) to examine witnesses;

and the quorum of a sub-committee shall, subject to paragraph (12)(b), be one member of this House.

(9) That the Chair may report to the House an order, resolution or Special Report as an order, resolution or Special Report of the Commission which has not been agreed at a meeting of the Commission if he is satisfied that he has consulted all members of the Commission about the terms of the order, resolution or Special Report and that it represents a decision of the majority of the Commission.

(10) That the quorum of the Commission shall be two members of this House.

(11) That, whenever this House shall stand adjourned other than to the next day, any report, Special Report, order or resolution agreed to by, or evidence taken or received by, the Commission, including any under paragraph (9) of this order, may be published or printed under the authority of this House, shall be deemed to have been reported and shall be reported when this House next sits.

(12) That, when the Commission operates under the provisions of paragraph (4) of this order, the following provisions shall apply—

(a) the quorum of the Commission shall be two members of this House and two members of the House of Lords;

(b) the quorum of any sub-committee shall be one member from either House; and

(c) the power of the Chair to report under paragraph (9) may also be exercised with the Chair’s agreement by a member of the Commission who is a member of the House of Lords.

(13) That the costs of the Commission shall be assessed by the House of Commons Commission from time to time and shall be paid by Her Majesty’s Government for the credit of the House of Commons (Administration) Estimate.

(14) That the Commission shall report on legislative action no later than 18 December 2012 and on other matters as soon as possible thereafter.

(15) That a message be sent to the House of Lords to desire their concurrence.

On 5 July, the House debated professional standards in the banking industry for a full day and resolved to establish a Joint Committee of the two Houses on that matter. As I said in that debate, I do not think there is any disagreement between the Government and the Opposition on what we need to do, which is to sustain in the UK a strong, vibrant, transparent and more accountable financial sector that commands international confidence.

The motion before us is the result of negotiation following the House’s decision to establish a Joint Committee. I thank my hon. Friend the Member for Chichester (Mr Tyrie) for the work that he has undertaken while also chairing a very active Select Committee. I also thank Her Majesty’s Opposition. Following the debate, it was essential that Parliament was seen to be acting in the best interests of the public in resolving the issue before it, and that could happen only if the Joint Committee were supported not only by the parties in Government but by the Opposition. I am grateful to those who have added their signatures to the motion.

I do not intend to detain the House for long. I want to make five points, spending half a minute on each. [Interruption.]

[Mr Speaker]

Order. Before the Leader of the House makes his five points, to which I wish to listen carefully, may I gently say to the House that he should be heard? Any Member should be heard, but the Leader of the House is a very senior Member, and Members should not be sitting chuntering to each other; they should show him some courtesy, which they all learnt at one time.

[Sir George Young]

As I said, I have five points and will spend half a minute on each one.

First, the process to establish the Commission is not following the normal process for establishing a Joint Committee. The Commission, if established tonight, will be able to begin its work immediately and to meet during the recess. It is my hope that before the other place rises, it will also establish a Committee of an equal number of members to act jointly with the Commission that we are establishing tonight.

Secondly, the Commission is being established with powers that are already inherent in our parliamentary system. It will also have the novel power to invite special advisers, including counsel appointed by the Commission, to examine witnesses. I do not think that that will become the modus operandi of other Select Committees, but it will give the Commission the teeth that it needs to carry out its important investigative role quickly and effectively.

Thirdly, it is proposed that

“the Commission shall have power to appoint sub-committees to consider matters specified by the Commission”.

Unusually, the sub-committees will have a quorum of one. I have discussed that with my hon. Friend the Member for Chichester. The purpose is to allow a single member of the Commission to consider a specific issue, for example a technical matter, and to send for papers with a view to informing the wider Commission. That will feed into the Commission’s work and allow it to tackle a broad-ranging subject in a compressed time frame.

Fourthly, paragraph (13) of the motion directs the House of Commons Commission to assess the costs arising from the Parliamentary Commission to be paid by the Government. As the Chancellor said in the debate on 5 July:

“I commit to giving it any resources it needs to do its job.”—[Official Report, 5 July 2012; Vol. 547, c. 1136.]

I hope that that reassures my hon. Friend the Member for Harwich and North Essex (Mr Jenkin), who sought reassurance during our debate on 5 July that the Commission should not raid

“the staff and resources of other Committees.”—[Official Report, 5 July 2012; Vol. 547, c. 1149.]

Fifthly and finally, the motion sets a deadline for a report on legislative action of 18 December. That will include pre-legislative scrutiny of the banking reform Bill and any recommendations of the Commission’s inquiry that require a legislative vehicle in order to be implemented. The December deadline will give the Government time to consider any recommendations in time for the introduction of the banking reform Bill, which is planned for January 2013. If the Commission cannot complete all its work by 18 December, we will expect it to report on the other areas as soon as possible thereafter.

We have in this Parliament the skills, expertise and mandate to do the job. I am confident in the ability of the new Commission to rise to the challenges that confront us and to address the central issue at stake: restoring confidence in the UK banking industry. I commend the motion to the House.