Arch Cru Compensation Scheme

Mark Durkan Excerpts

Wednesday 19th October 2011 Westminster Hall

[Alun Cairns]

My right hon. Friend raises a good point. I have raised that issue with the FSA, which said that it was beyond its jurisdiction. However, to my mind, protecting UK investors is certainly its priority and should fall within its jurisdiction.

To date, there has been no explanation of the logic behind the £54 million offered, and the conditions are somewhat restrictive. Having recently met with the FSA, I know that the reasons behind the current delay concern third-party rights, which I understand. However, it has taken more than two and a half years from suspension to get to the current stage.

I have a constituent who invested several hundred thousand pounds of his retirement money into the funds, but there will be constituents of other hon. Members present who had invested far smaller sums, and which may be even more significant to them individually. A figure of 70% of the valuation at suspension is completely inappropriate, given that all that our constituents had done was to invest in a regulated, cautious-managed fund with a regulated, authorised corporate director and approved auditors. The delay conflicts with the timing of a possible legal challenge. Investors need to act soon to fall within the legal time frame set out by the courts.

In considering criticism of the FSA, it seems hardly just that, having failed in its responsibility to regulate, it has the responsibility to investigate and negotiate a compensation package for the people whom it failed in the first place.

[Mark Durkan (Foyle) (SDLP)]

The debate shows that we have a fund that was a scam and regulation that was a sham. We have a problem not just with the FSA’s dereliction of regulatory oversight, but with its deviance and connivance in the deed with Capita. This debate is an opportunity for Parliament to blow the whistle. The FSA is now blatantly offside, and surely it is up to the Minister and the Treasury to make it clear that the deed cannot stand and the deadline must not stand.

[Alun Cairns]

The hon. Gentleman has made an extremely powerful point. This is the first debate on Arch Cru, and certainly on the FSA and its change to the successor bodies. Those who have responsibility for this matter need to bear in mind the strength of feeling among investors and the number of people who have turned up to this debate. This issue will not go away until investors feel that they have received justice.

The regulator, the Financial Services Authority, arguably failed in its duty as did the investigators and negotiators. Clearly, there was a position of conflict. It angers me that at every meeting and in every communication, the FSA points its finger at the independent financial advisers. In view of the FSA’s four strategy objectives, passing the buck to the IFAs is wholly inadequate. The pricing and fund performance would have been integral to the advice provided by any independent financial adviser.

In a meeting last week, the FSA told me that the obligation of suitability lies with the IFA. It is unrealistic for IFAs to have the capacity to interrogate individually all marketed funds, products and pricing strategies, or to speak to the financial directors and auditors of every firm on which they advise, when the FSA, with all its resources, failed to protect investors from wrongdoing in this respect.

Eurozone

Mark Durkan Excerpts

Monday 10th October 2011 Commons Chamber

[Mark Durkan (Foyle) (SDLP)]

The Chancellor has repeated that the FSA confirmed that UK banks are better capitalised and more liquid than many of their European counterparts. Is that assurance enough for him and how assured is he about the level of UK banks’ exposure to sovereign debt in the eurozone?

[Mr Osborne]

As the hon. Gentleman will understand, that has been kept under close surveillance at the Treasury—certainly for as long as I have been Chancellor, and no doubt before. We are well aware of the exposure of UK banks to the eurozone peripherals. However, we have satisfied ourselves that even with those exposures—as I said, the FSA has made much of the information public—banks such as RBS are well capitalised and liquid and do not have the kinds of problems that some banks on the continent have.

Finance (No. 3) Bill

Mark Durkan Excerpts

Tuesday 5th July 2011 Commons Chamber

[Stephen Williams]

I thank the hon. Gentleman for his intervention, but I have already stated clearly for the record that I share the moral and ethical outrage at the level of bonuses being paid by certain firms in the City and elsewhere. The question is whether reintroducing the bonus tax designed by the Labour Government would make any difference, because the evidence suggests that it made absolutely no difference to the bonus culture. It was a handy device for raising rather more than the expected revenue, but it certainly did not change behaviour.

As a free market liberal, I think that companies should be free to decide their remuneration policies, but they must justify them to their shareholders. One way that behaviour might change would be if shareholders took a more active interest in the bonuses that the remuneration committees award within their companies, whether they are banks or not. As was mentioned in yesterday’s debate, the people on those committees are often executive directors of other companies and so have a vested interest in the magic circle of super bonuses being justified in other companies. If the shareholders of the banks that we own, Lloyds Banking Group and Royal Bank of Scotland, were able to express a view, that would introduce a new dynamic into capitalism.

I hope that the Government will seriously consider giving each citizen a share in RBS and Lloyds Banking Group when the time comes for both banks to be divested from the state—this is another plug for the pamphlet I published in March, “Getting your share of the banks: giving the banks back to the people”. I had an interesting meeting with officials from UK Financial Investments last Wednesday in the Treasury in order to discuss that.

Amendment 31, tabled by the hon. Member for Hayes and Harlington (John McDonnell), proposes a Robin Hood tax. I fully support such a tax, as I have mentioned in many debates in the House. I have spoken with many non-governmental organisations in my constituency and at lobbying events, such as the one that took place last week and has already been mentioned. A Robin Hood tax has three elements. The first is a levy on banks’ balance sheets, and the Government introduced that in the form of a bank levy. We might disagree about the level of the levy, but the important fact is that the coalition Government have legislated for it to exist and said that it will be permanent, in the sense that it will last for the lifetime of this Parliament. The rate has been changed once, as I mentioned in an intervention, and I hope that it might be increased again.

The second element of a Robin Hood tax is a financial activities tax—FAT, as opposed to VAT, which the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards) might have phonetic difficulty with when speaking in Welsh, in distinguishing between an F and a V. I hope that the Minister can update us on what discussions are taking place on that between Finance Ministers across the European Union and what progress has been made on the introduction of such a tax, which is a tax on certain profits of the banks.

The third element of a Robin Hood tax is a financial transactions tax, which is the subject of the amendment. As the hon. Member for Hayes and Harlington said, that has traditionally been called a Tobin tax. It would be the most problematic component of a Robin Hood tax to introduce. It might impede liquidity, which is not necessarily a good thing, and the other barriers he mentioned would be difficult to surmount without international agreement between the major trading nations.

Another problem with a Robin Hood tax is the question of how much it would raise, as I have heard a wide variety of figures for that which are in the billions. The hon. Gentleman referred to the great coalition of NGOs that support such a tax, and many of us support them, but I wish that they would agree a figure for what the different components of the tax could reasonably be expected to raise.

[Mark Durkan (Foyle) (SDLP)]

Does amendment 31 not afford the Government the possibility of coming up with such a figure? They could do the very scoping work that the hon. Gentleman says is needed, and surely that is the Government’s job, not the job of all those NGOs.

Finance (No. 3) Bill

Mark Durkan Excerpts

Monday 4th July 2011 Commons Chamber

[Mrs Chapman]

Yes, Members on both sides of the House are, of course. The people behind the credit union movement are hard-working and honourable. I work somewhere where everybody is honourable, but these people really are hard-working and dedicated—many of them are volunteers—and they work in our communities to promote low-cost credit to people who are left out of mainstream credit. However, even with the best will in the world credit unions are not going to be able to compete with Wonga and Uncle Buck and so forth, because they lack the high street and web presence.

[Mark Durkan (Foyle) (SDLP)]

rose—

[Mrs Chapman]

I understand that the experience is different in Northern Ireland, and I shall give way to the hon. Gentleman, whom I suspect will explain that further.

[Mark Durkan]

The low membership of credit unions in Great Britain has been mentioned. Credit unions in Northern Ireland have a high membership; well over a quarter of the population—in some constituencies the figure is more than 50%—are members of the very well-developed and well-funded credit unions. The credit union movement in Northern Ireland has made it very clear that it expects Parliament to take action against the predatory credit sector. The movement does not expect Parliament just to wave to credit unions; it says, “Tackle the sharks, don’t wave to the dolphins.”

--- Later in debate ---

[Mr Hoban]

I listened carefully to that point, and the hon. Lady again demonstrated the problem that she is long on analysis, but short on solutions. She talked about excess profits, but of course there is a range of solutions for that, one of which is to increase competition in the market to force prices down. I am not sure that a windfall tax, which I think is what she is proposing, would have the impact that she expects.

[Mark Durkan]

The Financial Secretary suggests that taxation would inevitably be passed on to consumers, but Ministers insisted not so long ago that the North sea tax would not be passed on to consumers. The Chancellor himself was very clear that it would not, and that he had means and measures to ensure that it could not be. Many Government Members said that they were happy that consumers would not pay the VAT increase, because hard-pressed businesses would just have to absorb it. Why are the Government protecting the predatory credit sector?

[Mr Hoban]

The hon. Gentleman needs to look carefully at the impact of tax in different sectors. Just because one rule applies to one sector does not mean that it applies to others. We know that there is real concern, for example, that if we forced excise duty up too high, people would resort to smuggling to evade it. The impact varies from tax to tax and from area to area, and we need to consider which measures will be effective.

There are broader concerns about how the Opposition want to use tax. As I said, tax is used to change behaviour from time to time, but it is a blunt instrument, and if it is not properly thought through it can lead to perverse outcomes. An increased rate of tax on lenders would not have any obviously positive impact on how consumers are treated. Studies from other areas show that lenders will find ways to circumnavigate regulations and pass costs on to borrowers. A different tax rate for those businesses would be detrimental to consumers and would raise the cost of providing credit to those who may be unable to access mainstream credit.

Members have a responsibility to take seriously the potential for such measures to drive lending underground. I am sure that no one in the House would like to see a rise in illegal loan sharking, which can so devastate lives. The risks to individuals’ financial and personal well-being would be increased by loan sharks, who do not follow regulations or take legal action when debts remain unpaid. They use whatever means they can to recover their money, often forcing borrowers into more debt, or much worse. The provision of short-term credit can prevent financial exclusion, and it has allowed more consumers to access credit in a regulated market.

A number of comments have been made about an interest rate cap. There were three separate reviews under the previous Administration that considered, among other things, price controls in the high-cost credit market in the UK. They all came to a similar conclusion—that introducing price controls may lead to unintended consequences that would not be beneficial to consumers. The OFT review found that

“introducing price controls would not be an appropriate solution to the particular concerns we have identified in this market”,

and that

“developing a system to enforce and monitor price controls or interest rate caps in the UK would be complex, expensive and difficult to administer”.

In Committee, the hon. Member for Walthamstow mentioned a recent European Commission study published at the start of this year, but it found that restrictions on interest rates could deny people access to small amounts of credit, do not reduce overall average interest rates and lead to increased fees and charges being imposed by lenders. The idea of a cap on the total cost of credit sounds appealing at first, but it would have its consequences.

Finance Bill

Mark Durkan Excerpts

Tuesday 28th June 2011 Commons Chamber

[Mr Hanson]

I misheard my hon. Friend the Member for Vale of Clwyd (Chris Ruane). I thought he said Borders, but he said Thorntons, which has today lost 10,000 jobs. It may be of some interest to the hon. Member for Bristol West (Stephen Williams) that those jobs have been hit, as has the confidence in the retail sector, by VAT increases.

My hon. Friend the Member for Wrexham mentioned charities. Earlier this year, Sue Ryder, the charity, stated:

“Today's rise in VAT to 20% will cut the amount of social care that charities can deliver”.

That has an impact.

What is the impact on fuel of the VAT rise? People with a typical family car will pay £1.35 more to fill up their tank, as will people moving goods around the country. The VAT increase has hit the retail sector and we see job losses across the board, but there is also concern from the tourism sector. Just recently, on 6 June, the British Hospitality Association stated that the high level of UK VAT is a deterrent to tourism growth. Once again, those are the impacts on growth, jobs and public services.

[Mark Durkan (Foyle) (SDLP)]

My right hon. Friend refers to the impact of the higher rate of VAT on the tourism sector. Of course, in Ireland, from next week for 18 months, VAT in the tourism sector will be reduced to 9%. It has already been reduced to 7% in Germany and 5.5% in France. Is that an argument for taking a more sector-targeted approach to VAT reductions? Will the assessment proposed in new clause 10 allow for consideration to be given to a more articulate way of applying VAT, rather than having general, standard reductions across the board on all products, regardless of whether they are imports or the products of home businesses?

[Mr Hanson]

If my hon. Friend looks at new clause 10, he will see that it calls for a general review of VAT and the impact on the economy. Out of that review could come, for example, a temporary reduction to 17.5%, as was called for by my right hon. Friend the Member for Morley and Outwood (Ed Balls), or there could be changes for certain sectors. The review could look at a range of issues to assess the impact of the increase on growth, jobs and living standards.

The Economy

Mark Durkan Excerpts

Wednesday 22nd June 2011 Commons Chamber

[Mr Osborne]

My hon. Friend is right. The debt interest payments would have increased to £180 million a day if we had not pursued our current policies. That became one of the largest Budget items under the Labour Government. Deficit reduction has avoided the interest payments that we would have had under Labour.

[Mark Durkan (Foyle) (SDLP)]

The Chancellor will be aware that Ireland is locked into a serious deficit reduction plan. He may also be aware that next week, as part of its budget for jobs, a targeted VAT cut to 9% will kick in for the tourism sector and last for 18 months. It follows similar cuts made by France and Germany to 7% and 5.5% respectively. Does he rule out targeted VAT cuts to support jobs and growth in particular sectors at the same time as deficit reduction, because that is what other countries are doing?

[Mr Osborne]

We put forward in the Budget targeted cuts for business. We are cutting corporation tax by 2% this year and a further 3% in coming years. We have put in place more generous research and development tax credits to help businesses. We have cut the small companies tax rate—

Oral Answers to Questions

Mark Durkan Excerpts

Tuesday 21st June 2011 Commons Chamber

[Mr Hoban]

My hon. Friend is absolutely right that we have made significant progress over the past year in getting the financial regulatory system back in good shape. Of course, the Opposition should remember that it was the shadow Chancellor who spent his time in office trumpeting the value of light-touch regulation across the world.

[Mark Durkan (Foyle) (SDLP)]

Will the Minister assure us that, in the context of his current work on regulation, the anomalous position of credit unions in Northern Ireland, which have much bigger memberships and funds than those in the rest of the UK but cannot offer the same range of services, will be addressed, along with industrial and provident societies in Northern Ireland, which are also in something of a regulatory black hole?

[Mr Hoban]

The hon. Gentleman makes an important point. Work is under way to look at the regulatory position of Northern Ireland credit unions.

Amendment of the Law

Mark Durkan Excerpts

Wednesday 23rd March 2011 Commons Chamber

[Sammy Wilson]

We can see how the bail-out of the Irish Republic conflicts with what is happening in Northern Ireland. My hon. Friend the Member for South Antrim (Dr McCrea) mentioned air passenger duty. I am disappointed about this because the Chancellor could have done something about it. In particular, the one flight between Northern Ireland and North America is very important in attracting not only tourists but inward investment. A sum of £2.1 million would have ensured that that flight continues, yet the Chancellor did not find that he could allow for regional variation. There are precedents for that because regional variations are allowed for Scotland. The irony is that the Irish Government, using the £7.5 billion that was obtained from the United Kingdom, are now going to abolish air passenger duty, which places them at an even more positive advantage regarding the service that flies from Northern Ireland.

[Mark Durkan (Foyle) (SDLP)]

Will the hon. Gentleman acknowledge that the Irish Government had made the decision about air passenger duty before any loan facility was agreed with the UK Government—and I stress that it is a loan facility?

[Sammy Wilson]

I find it strange that the hon. Gentleman should want to apologise for the Irish Republic, which is in direct competition with the economy of the area that he represents, but we will leave it to his constituents to question him about that.

The Chancellor has made much of the fuel duty escalator. Northern Ireland does not have the highest fuel prices in the United Kingdom, but it certainly has the second highest, and we also have the problem of the border with the Irish Republic. I would have hoped that the Chancellor would come through on the promise that he made when he was in opposition. We have a promise that future price increases will be deferred, but the impact on current prices will be very slight. That leaves Northern Ireland, with its high dependence on road transport for its manufactured goods and its dispersed rural nature, at a disadvantage.

I acknowledge that the Government have responded to some developments recently. I look forward to seeing the outcome of the aggregates levy and the allowance that has been made. I welcome the fact that the loan facility for the Presbyterian Mutual Society has been built into the Budget. In his concluding remarks, the Chancellor said that he would put the fuel in the tank of the British economy so that it could drive forward. I may be about to show my age, but I hope that it is a tiger in the tank so that we finish up with a tiger economy. I fear that we are going to run out of fuel very quickly, and we will all be poorer for it.

HM Revenue and Customs

Mark Durkan Excerpts

Wednesday 2nd March 2011 Commons Chamber

[Mark Durkan (Foyle) (SDLP)]

I am pleased to follow the hon. Member for Hereford and South Herefordshire (Jesse Norman), who made some salient points, reflecting the insight that he has secured as a member of the Treasury Committee. I pay tribute to him and his colleagues on that Committee for the work they have done, which has helped to inform this debate, as have the many representations that we are all making.

I wish to highlight a couple of dimensions relating to HMRC’s performance and organisational structure as they particularly affect my constituency and my part of Northern Ireland. Before I do so, I wish to endorse a point made by other hon. Members by saying that I am not making these complaints to target or criticise HMRC staff, who are dealing with huge demands on them. They are trying to cope with a system that has been changed around them, and has been made much more inadequate and much more confusing for them. The system causes stress and anxiety to them, as well as to the many public customers with whom they are dealing.

For staff, the situation has been a bit like driving at night with people coming at them at full beam and as soon as they recover from one at full beam, someone else comes along. Changes have been made in the organisational structure, then in the management and then, as the hon. Member for Luton North (Kelvin Hopkins) said, in the staff work load. They have, probably rightly, had to deal with matters such as the minimum wage; child benefit issues have been absorbed on to the tax side, which has meant that issues have arisen for staff in Northern Ireland; and then they have had to deal with the whole issue of tax credits.

I particularly wish to discuss tax credits and the impact on Northern Ireland and, in particular, on my border constituency. Many people live on one side of the border and work on the other. No matter whether they live in the Irish Republic and work in Northern Ireland or vice versa, their circumstances may mean that they have to deal with the tax office for tax credits and, indeed, for child benefit. Under European Union rules, child benefit is paid according to where someone is employed, not according to where they or the child lives—it is a bizarre rule, but it is there and it adds to the complications. Rather than have tax credits in Northern Ireland administered in Northern Ireland, all that administrative work was taken over to England, perhaps for specialisation.

Included in that work were the issues relating to cross-border tax credits. Every case of every cross-border worker is treated as complex and goes to the complex cases unit in Washington. Other hon. Members have mentioned the difficulty of getting in touch with HMRC, but these people, be they in Donegal, Derry or other parts of Northern Ireland, have real difficulty getting in touch. When they manage to do so, or when their accountants or their employers’ people get in touch, they are told things such as, “Northern Ireland is not in the EU, so what are you talking to us about?” They are not even being told that Northern Ireland is not in the UK; they are being told that Northern Ireland is not in the EU.

These people also have to deal with the relevant officials of the Irish Republic, and the relevant department there is centralised in Letterkenny, only 20 miles from my house and from a tax office in Derry. Rather than all the liaison taking place between officials who are 20 miles apart and who can meet, the cases are dealt with on a completely remote basis, with an office in Letterkenny in the Irish Republic and an office in Washington in England. Can things be exchanged over the internet? No, they cannot, because data protection rules say that things have to be transmitted in documentary form, and letters get mis-sent. Letters that contain people’s details and that are meant to go to the Irish Republic end up going in envelopes that are fit only for UK delivery and so do not get delivered for months. Letters that are going to constituents in Northern Ireland, or to others in the Irish Republic who come to me, end up going completely astray too. There is a simple answer to that—make sure that if cross-border cases are not processed in Northern Ireland, there should at least be a liaison office or front office in Derry, in Northern Ireland, that people can go to where someone deals with their case and they are not left crying and in distress, which is how many people come to me when they have been referred by accountants who will no longer touch tax credit cases involving cross-border workers. Employers are very distressed for their workers as well, but there is a simple answer.

Banking

Mark Durkan Excerpts

Wednesday 9th February 2011 Commons Chamber

[Mr Osborne]

I must say that it is a slightly depressing thought that the appointment of the hon. Member for Vale of Clwyd as shadow Parliamentary Private Secretary means that this will be a constant feature of the encounters in the House between me and the shadow Chancellor, but there we go.

My hon. Friend the Member for Tamworth (Christopher Pincher) makes a very good point. There are, of course, legions of quotes from former Labour Ministers including the shadow Chancellor about the light-touch regime, how they were resisting calls in Parliament to strengthen it and all of that. Quite a few of them, of course, have gone off to work in the banking sector since leaving Parliament.

[Mark Durkan (Foyle) (SDLP)]

Does the Chancellor not accept that he may be overselling as transparency something that is really just temporary and limited translucency on bonuses, credit and lending to business? What guarantees are there that the Bank of England will not just report on the aggregate of the money available but will examine the prices and conditions involved? Will he also guarantee that if businesses are relieved by credit granted, they will not be floored by tax demanded?

[Mr Osborne]

First, on transparency, at the moment we have a voluntary commitment by the largest British banks, and we are going to turn that into a legislative requirement on all the major banks operating in the UK. We will bring forward proposals over the coming year to consult on that, as we have to do under the statutory procedures, but my intention has been made clear.

Bank charges and so on are properly not a responsibility of the Bank of England at the moment. It is going to focus on collecting the numbers. However, we are creating a strong consumer protection and markets authority—there will be legislation before the House on that, and a very good chief executive-designate has been hired. He will ensure that the customer gets a fair deal as well.