Loans to Ireland Bill

Mark Durkan Excerpts

Wednesday 15th December 2010 Commons Chamber

[Mr Carswell]

I wish to discuss amendment 6. It commands great interest across the House, although that may be difficult to believe given the swathe of green Benches that we can see, and I hope that we will have a chance to divide the House on it. It is right that we should be looking to help Ireland and debating how to do so, not simply because of this country’s economic self-interest, but because of the close cultural ties between Britain and Ireland. It is fair to say that there is not a street in any town in this country where there are not close kith and kin connections between our two countries.

The question is whether the Bill helps us to do that. My hon. Friend the Member for Rochester and Strood (Mark Reckless) spoke eloquently, making the point that this deal is not tailored to help the Republic of Ireland, but has been imposed on it. It is not a case of our passing this to bail out Ireland, so much as our passing it to bail out the euro. My right hon. Friend the Member for Wokingham (Mr Redwood) has said that, and he has blogged eloquently about how the European Central Bank triggered this crisis. It began when the ECB called into question Ireland’s ability to finance loans. Why did it do so? It did so because the ECB sacrificed Ireland to staunch the haemorrhaging of confidence in the euro and deal with the growing storm around it. The ECB put preserving a paper currency without a state ahead of the well-being of millions of Irish households.

Ireland is in debt because she is a victim of a credit bubble caused by euro membership, but when we consider amendment 6 we must ask how pushing a potentially high-interest loan on a friend reduces her debts. How does extending a debt as overdraft help that debtor to repay their debts? That will dig Ireland deeper into debt. Each of the eight tranches of this loan is yet another step towards debt. It is time that we stopped digging Ireland into deeper debt. The bail-out will not reduce the debt. People sometimes talk about the bail-out as though it were a solution to debt, but it is a deepening of debt. We need to make certain that the rate of interest and the terms of this extension of Ireland’s overdraft are in her interests and those of her people. To do that, we need to make sure that we in this House have the final say over the terms of the small print.

Amendment 6 seeks to ensure that the interest on this £3.2 billion overdraft extension is kept low. The small print is certainly not definitive on the subject. The summary of terms states:

“The rate of interest payable on a loan will be at a fixed rate per annum equal to the aggregate of:

(a) the Margin; and

(b) the Sterling 7.5 year swap rate at the date of disbursement.”

We are told by the Chancellor that, at the moment, that would be 5.9% and the document suggests that figure, but it is not definitive. We need to give the House of Commons the final say on the rate, and we need a formal means to allow the House to ratify the rate of interest.

Hon. Members will have heard some discussion about how Iceland got a significantly lower rate. Why is that? Is Iceland a better friend? It is for public debate, public concern and the legislature, not technocrats in the Treasury and watery eyed officials, to decide the rate of interest that we charge our friend.

The explanatory notes have, I think, been issued so that we believe that they are close to what amendment 6 suggests. We are asking for something that is not a million miles away from the explanatory notes, so why not formalise the arrangements? Why not require the approval of an order under the affirmative procedure in the House? We have only the explanatory notes to go on—[Interruption.] I am delighted that those on the Front Bench are paying such attention. We only have the explanatory notes to go on, so why not enshrine these arrangements by order? The last time that we left EU matters to Sir Humphrey’s explanatory notes, we were, bluntly, mugged. The explanatory notes to the Bill on sovereignty—the European Union Bill—were not even defended by the Minister in Committee. It is a cause of concern that we have only the explanatory notes. We must enshrine these arrangements in legislation to make certain that we in this House, who are accountable to the taxpayers who will ultimately have to stump up for this, are satisfied with the arrangements. That would be good for us and good for Ireland, too.

Over the past seven months, we have seen what happens when the House takes its eye off the small print. We have seen what happens when we leave it to Ministers, officials and Treasury negotiators to handle the small print. For example, we have seen how non-euro member countries, such as Britain, become liable through the small print for open-ended eurozone bail-outs until 2013. That is the price we pay as a House for taking our eyes off the small print. It would be quite wrong, incidentally, to blame the previous Government for that. The deal took effect after the coalition Government came to office.

When this House took its eye off the small print on Treasury negotiations on matters European, the Government managed somehow to sign us up to a European Council document that established a common legal framework for pan-EU economic governance. I suggest that this House should not form a habit of deferring the small print to the Treasury and its officials. It is prudent to require the Government to gain the approval of this House over the interest rate.

The amendment goes to the heart of why we are here and why we have a House of Commons in the first place. It is the purpose of us as MPs—and it has been for many hundreds of years—to oversee what Ministers do with our money. That should include the terms under which they lend our money and the terms under which they make taxpayers liable for debts incurred through such financial arrangements. The amendment is reasonable and in line with what the Government are seeking to do—or claim that they are seeking to do—in the explanatory notes drafted by officials.

The amendment would ensure that Ministers thought very carefully and wisely when they entered negotiations and finalised arrangements. It would also help to restore purpose to the House, which some of us would suggest has been in the past rather supine, submissive and spineless. Ultimately, it would ensure a fairer deal for our closest friend and our closest neighbour. I hope to press the amendment to a Division and to obtain the support of Members on both sides.

[Mark Durkan]

On amendment 3, tabled by the hon. Member for Stone (Mr Cash), the amendment of itself does not preclude the fear that he and my hon. Friend the Member for Luton North (Kelvin Hopkins) have that at some point in the future there might be a loans to Spain Bill, a loans to Portugal Bill or something similar. The amendment would not preclude the possibility of any other such bilateral loans being arranged in future. I do not believe that the amendment, which is commended to us in those terms, will serve the purpose for which it was tabled.

[Mr Cash]

I agree with that, but that is not what I have said. I have said that under this Bill, the consequence of not adding the words that I have provided puts the Bill in jeopardy of falling within the framework of European jurisdiction, which is a different point.

[Mark Durkan]

I know that the hon. Gentleman made that point, too, and I want to turn to it. He carefully quoted and referred to a number of points in the loan agreement, which was made available at the start of the debate. The summary of key terms refers to a number of matters, and the hon. Member for Stone seemed to say that those references alone mean that the bilateral loan is being interweaved with the wider EU and IMF support packages to Ireland. However, hon. Members should bear in mind a point that the Chancellor made on Second Reading—that one advantage of the bilateral loan arrangement is the place that it gives the UK at the table when it comes to arranging and overseeing the restructuring plan that is to take place in relation to the Irish banking sector.

The key terms include, under the heading “Other Terms”, at paragraph 1(d):

“no amendments to the facilities provided by the IMF, European Financial Stability Mechanism, the European Financial Stability Fund or Sovereign bilateral lenders or to the Memoranda of Understanding that would have a material adverse effect on the Borrower’s ability to restore its capacity to access the capital markets.”

Given that the purpose of the loan arrangement is to make sure that Ireland can go to the bond markets on its own as soon as possible and get money at competitive rates, it is clearly in the House’s interests, as the UK will be providing this loan, to make sure that the loan terms are protected against any undue terms coming from the other loans being made available in this context.

Several hon. Members have mentioned the role of the European Central Bank. We can look at the history of this situation and question the role of the ECB on a number of occasions. First, it kept interest rates very low—at times against the express wish and request of the Irish Finance Minister—which helped to contribute to the problem. Secondly, as many hon. Members have mentioned, there is the open-ended nature of the Irish Government’s guarantee to the banks. Again, the ECB seems to have been the primary body urging a guarantee of that extent. Thirdly, there is the whole issue of the need for the bail-out and the creation of circumstances in which the Irish Government have had to seek it. Again, many people have questions about the precise role and performance of the European Central Bank in all that. Hon. Members have asked serious questions about the ECB, and we know that a much bigger loan facility is being granted through the EU and the IMF, so surely the House will want to know that the terms of the bilateral loan and its operation will not jeopardise the interests or purposes for which it is being made available. It therefore makes sense for the key terms that are summarised in the document to refer to the restructuring plan that is to be undertaken in relation to the banks.

The document makes it clear that “conditions precedent” will include “finalisation by the Borrower”—namely Ireland—

“after consultation with the Lender, of a restructuring plan in relation to its banking sector with the IMF, European Commission and European Central Bank”.

That is not the interweaving that the hon. Member for Stone has discussed, but a sensible, diligent precaution on the part of the House in providing for money to be borrowed. The “Other Terms” also include at paragraph 1(c):

“no amendments to the Restructuring Plan that would have a material adverse financial impact on the UK operations of Anglo Irish Bank, Allied Irish Banks and Bank of Ireland”.

Again, it makes absolute sense for the House and the Government, who are responsible to it, to make clear cross-reference to what else is happening under the restructuring plan and to what other lenders might urge in relation to other parts of the plan in terms of key interests that the House needs to protect, including those of the banking sector in Northern Ireland and the contribution of the Irish banks to the wider UK economy.

--- Later in debate ---

[Mark Durkan]

Like my hon. Friend the Member for Nottingham East (Chris Leslie) and the hon. Member for Stone (Mr Cash), I found clause 2(4) a bit tortuous. However, I can see the problem with amendment 2, because if paragraphs (a) and (b) were removed and the subsection read only

“No report is required to be prepared or laid in relation to a period if…no amount of principal or interest in respect of an Irish loan is outstanding at the end of the period”,

the point at which the loan is finally discharged—when a final payment is made—could be the one point when a report would not be necessary, whereas I would have thought that that was the one point where a report would have been relevant and necessary.

I therefore understand why subsection (4) is framed as it is and why there is a conjunctive that covers all three parts. It is only when no payment is made, no sum is received, and nothing outstanding is due at the end of the period, that no report is made. Otherwise, if all three conditions are not satisfied, there will be a report, as I understand it. Given what Members have said about the scrutiny and oversight that they want the House to have, although subsection (4) reads tortuously it seems to stand, so I would not be persuaded by amendment 2.

[Mr Hoban]

I think the hon. Member for Foyle (Mark Durkan) has a second career beckoning as a parliamentary draftsman. He has summed up the situation exceptionally well.

In subsection (4) all three paragraphs—(a), (b) and (c)—have to apply if no report is to be published. If amendment 2 were made, removing paragraphs (a) and (b), payments could have been made in the period but they would not be reported if there was no balance outstanding at the end. Therefore we must ensure that all three are true before we allow no report to be published. I hope that provides clarification.

I hope I am not seen by my hon. Friend the Member for Stone (Mr Cash) as someone who seeks to stonewall his inquiries, but having imposed a duty on the Treasury to report, it is right that that duty be extinguished when the loans are repaid; otherwise someone will say, “Yes, the loans have been repaid, but your Act requires you to make those reports.” It is right that the duty to report is extinguished when the loan has been repaid, and that is simply the purpose of—

--- Later in debate ---

[Mark Durkan]

I join right hon. and hon. Members in welcoming the passage of this Bill, which is a sad necessity. It has been a sad necessity for this House, and for Oireachtas Eireann, too, to undertake these arrangements for the reasons that many hon. Members have touched on in the debate.

I acknowledge the spirit in which the Chancellor and the Minister have spoken, not only today but on previous occasions and in the statements leading up to this Bill. Although this is a fast-track Bill, we have known that it is coming and that it is afoot; although in procedural terms it has been microwaved through the House, we know, understand and appreciate the background. I hope that we can have some shared hopes and confidences about what will come from it.

It is important to acknowledge that the Bill has raised questions. I tabled an amendment, which was not selected, on bonuses. This week, the Irish Minister for Finance has supervened—that was the word he used, which has been bandied about—to prevent bonuses being paid in Allied Irish bank just as it is about to benefit from this and the other loan measures. My amendment—I understand why it was not accepted—simply aimed to offer the House a chance to paravene in support of the supervention of the Irish Minister for Finance.

I am sure that, as we have been told, the Government will have a place at the table in some of the restructuring discussions. I hope that the Chancellor will ensure that the interests of Northern Ireland banking requirements will be held in due regard in the context of such restructuring. Although many of us, from all parties, have raised many issues about the banking of business in our constituencies, there is a fundamental question about the future of the business of banking in Northern Ireland. Northern Ireland is in the twilight zone between the British banking market and the Irish banking market. I hope that the Government will show due diligence and be protective of the needs of the Northern Ireland economy and the Northern Ireland banking sector as regards that restructuring.

We also need to recognise that there are clear UK interests at stake to do with the Irish economy and Irish banking in general. The Irish banks are not just significant players in Northern Ireland; they have significant lending in other parts of the United Kingdom, too. Of course, the UK banks lend £94 billion or more in the south of Ireland, too. For those reasons, this Bill and the debate about it reflect—to use an old phrase that was coined by Charlie Haughey in the days when he was creating Anglo-Irish engagement with Margaret Thatcher—the totality of relationships. In many ways, today’s debates and the arguments, justifications and explanations that have been given by the Chancellor and Treasury Ministers in recent weeks reflect the modern reality of the totality of relationships between these islands in economic and banking terms.

I understand the question asked earlier by the hon. Member for Wellingborough (Mr Bone) about the Bill’s title. As an Irish nationalist, I regard Ireland as the island of Ireland. My constituency of Foyle demonstrates another naming issue. It is the city of Derry or Londonderry, and so it is instead called Foyle, after the river. The issues are similar with the title “Ireland”. When I was Minister of Finance in Northern Ireland, I had to present statements and agreements on EU funds that were agreements between Northern Ireland and Ireland. Those terms struck me as odd and I could not get away with saying “between Northern Ireland and the south” because the proper title of the Irish state is Ireland. I assume that that is the explanation for the title of the Bill, uncomfortable though some of us, as profound Irish nationalists, might be with that.