National Security and Investment Bill

Debate between Richard Fuller and Lord Sharma

2nd reading & 2nd reading: House of Commons
Tuesday 17th November 2020 Commons Chamber

[Alok Sharma]

I thank my right hon. Friend for his question. He has taken a great deal of interest in this legislation, and we have spoken about such matters. As I said earlier, the whole point of the Bill is that we will be able to scrutinise the precise details of a transaction and of who the ultimate beneficial owner of a particular acquiring entity may be. I would therefore hope that the Bill will indeed cover the particular set of circumstances he outlines.

Going back to the point about providing assurances, businesses and investors can be reassured that the Government will treat potential national security risks with the discretion they deserve.

Turning to the mandatory notification elements of the Bill, investors in 17 prescribed sectors of the economy will be mandated by law to notify the Government of acquisitions of entities above a certain threshold of shareholding or voting. That mandatory notification process is similar to the approach taken in the United States, Germany and France. The Government have, alongside the introduction of the Bill, published an eight-week consultation to refine the definitions of those 17 sectors. The discussions that I and other Ministers in the Department have had with the investment community suggest that that has been extremely welcome.

Many sectors, of course, are well defined, and the purpose of the consultation is to refine them further so that the definitions are clear and narrowly focused on specific parts of sectors in which risks are most likely to arise and will allow parties to self-assess whether they need to notify. The House will appreciate that we could not have published the consultation before we introduced the Bill, with its call-in powers, or we would have risked hostile actors completing transactions in the particularly sensitive sectors.

[Richard Fuller (North East Bedfordshire) (Con)]

My right hon. Friend is quite rightly focusing on precisely defining the sectors. Was he as concerned as I was to hear the Opposition spokesman say today that he would prefer a strategy that did not have that definition, relying instead on the whimsy of a particular Secretary of State at the time? That situation could, like it does in France, lead to a yoghurt company or water bottle business being defined as a national strategic asset.

[Alok Sharma]

My hon. Friend speaks with a great deal of interest and experience in investments. This Bill focuses on national security, and we have been clear that we will define the sectors where mandatory notification is required, which is right and proper. The whole point of the Bill is that we are taking a proportionate approach. We do not want some kind of chilling effect on investment coming into the UK. We have been a beacon for inward investment over many years with, as I said earlier, three quarters of a trillion dollars coming into our country over the past 10 years. We would not want that to change.

Transactions covered by mandatory notification that take place without clearance will be legally void. Again, that is in line with the French, German and Italian regimes. Parties to an acquisition may, of course, voluntarily inform the Secretary of State about their acquisitions to seek swift clearance to proceed. We have also streamlined the information required for notification from 36 pages, as required under the Enterprise Act 2002 for competition modifications, to a third of that.

The use of digital processes will make interaction with the Government much simpler, more transparent and slicker, and Government will aim to provide clearance for most transactions within 30 working days of notification, as my hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell) raised earlier. Having spoken to the investment community over the past week, I know that that timely approach to the clearing of transactions is welcomed.

Moving on to the assessment of called-in transactions, part 2 of the Bill provides powers to assess transactions should the Government call one in. Where the specific legal test is met, the Government may impose conditions or, in extremis, block or unwind transactions. I stress once again that the Government will use those powers sparingly and proportionately.

The Government will take the necessary powers in the Bill to gather information about any transaction. However, such information will be strictly safeguarded against inappropriate disclosure. That includes, of course, information from parties, regulators and others to make informed decisions on transactions. If no remedies are imposed, a final notification will be provided at the end of a national security assessment. Alternatively, the Government may choose to prescribe remedies.

Any notification decision under the Bill will be subject to legal challenge from the potential acquirer entity by way of judicial review or appeal, and the Government will be able to apply to the court for a closed material procedure to protect commercially sensitive and national security matters in such proceedings. The investment security unit will ensure that the entire process is streamlined and supported by robust digital structures and governance to ensure swift decision-making on assessments.

It is worth noting that the new regime will be underpinned by both civil and criminal sanctions, creating effective deterrents for non-compliance with statutory obligations. Again, that is in line with sanctions in the French and German regimes.

Business and Planning Bill

Debate between Richard Fuller and Lord Sharma

2nd reading & 2nd reading: House of Commons
Monday 29th June 2020 Commons Chamber

[Alok Sharma]

First, these are of course temporary measures. A 90-day rolling review, which I think the hon. Lady is proposing, would undermine the certainty that we are giving businesses in terms of these particular measures. She will know, however, that should the Government wish to extend any of the measures, they will be subject to made affirmative or draft affirmative procedures, so they will come before the House before there is any opportunity to extend them further.

I now return to the issue of trying to get the construction sector moving. In 2018, this sector represented almost 9% of our GDP. Lockdown has had a profound impact on construction sites across the country. We estimate that almost 1,200 unimplemented major residential planning permissions, with capacity to deliver over 60,000 homes, have lapsed or will lapse between the start of lockdown on 23 March and 31 December this year. Therefore, the Bill introduces powers to extend these planning permissions and listed building consents to 1 April 2021. This will be automatic for permissions that have not lapsed at the point that these measures come into force. Lapsed permissions can be reinstated and can benefit from the same extension, but subject to necessary environmental approvals.

We will also make it quicker for developers to apply for longer construction site working hours. This will help to facilitate safe working—for example, by staggering workers’ hours—and to make up for lost progress. Applications will be concluded within 14 days. This measure does not apply to applications from individual householders. Local authorities retain discretion and can refuse applications where there would be an unacceptable impact. Again, this is a temporary measure. Extended hours can only last up until 1 April 2021, unless extended by secondary legislation.

[Richard Fuller (North East Bedfordshire) (Con)]

Across my constituency, there is already tremendous local sensitivity about excessive developments, the planning process and some of the procedures for public participation in the process being curtailed—there are virtual meetings and sometimes council executives make decisions on their own. Will the Secretary of State assure me that the Bill will not limit public participation in anything that might be the result of an extension or expansion of existing planning permission or indeed a new planning permission?

[Alok Sharma]

No, it will not. I will talk a bit about hybrid appeal proceedings, and I think my hon. Friend will find that helpful.

There are two further planning measures that relate to the new spatial development strategy for London and hybrid appeal proceedings. The Mayor of London will shortly publish the new spatial development strategy, setting out plans for new homes for London. The Bill temporarily removes, until 31 December, the requirement for the strategy to be available for physical inspection and to provide hard copies on request. That ask from the Mayor of London will help to address practical challenges from social distancing.

Social distancing has also constrained the Planning Inspectorate’s ability to conduct hearings and inquires, and a backlog has been growing. Through the Bill, we will enable the inspectorate to combine written representations, hearings and inquiries when dealing with appeals. That change was recommended by the independent Rosewell review. A recent pilot undertaken on the review measures reduced average decision-making time from 47 weeks to 23 weeks.

[Alok Sharma]

As I said, these measures will not relate to residential applications that have been made. The whole point is to get the construction sector moving. I have talked about a range of measures that we have set out for the sector, and I hope that more SME builders will be able to take advantage of them.

The Bill will enable lenders to continue issuing bounce-back loans quickly and at scale. It will retrospectively disapply the unfair relationships provisions in the Consumer Credit Act 1974 for lending made under the scheme. Reflecting current circumstances, the bounce-back loan scheme allows lenders to rely on self-certification from the business that it meets the eligibility criteria for the scheme and can afford to pay back the loan. It also provides for simpler information disclosure requirements to the borrowers. That will ensure that small businesses can continue to access the financial support that they need without undue delay.

[Richard Fuller]

I am very grateful to the Secretary of State for giving way. I want to take him back to the point about public participation, because it is such a sensitive area. He said that in clause 20, the procedures for planning proceedings can be altered. Either now or in Committee, can he clarify who will be making those decisions and what impact that will have on public participation in relation to housing developments that might have a dramatic impact in the area? I want to be clear about whether the Bill will affect that dramatically.

Corporate Insolvency and Governance Bill

Debate between Richard Fuller and Lord Sharma

2nd reading & 2nd reading: House of Commons
Wednesday 3rd June 2020 Commons Chamber

[Alok Sharma]

My hon. Friend makes an incredibly important point. I am sure that the Under-Secretary of State for Business, Energy and Industrial Strategy, my hon. Friend the Member for Sutton and Cheam (Paul Scully), will correct me if I am wrong, but my understanding is that it is possible to transfer loans between the bounce-back scheme and CBILS. I am happy to discuss that with my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake), who is absolutely right—people cannot have one of each, so to speak, but I think that it is possible to make a transfer.

The measures set out in the Bill have been welcomed across the board by business representatives’ organisations such as the Federation of Small Businesses, the Institute of Directors, the CBI, the British Chambers of Commerce, R3—the insolvency and restructuring professionals trade association—and the Trades Union Congress. Some of the measures will take retrospective effect to provide as much relief to businesses as possible. To ensure that is the case, we have announced the dates from which the measures will begin.



Let me turn to corporate restructurings, and the package of permanent corporate restructuring measures, which have previously been consulted on. As colleagues know, they were consulted on in 2016, and then formed part of a wider consultation on corporate governance and insolvency published in 2018, so they have been consulted on in some detail. They will have immediate effect in helping companies get through the covid-19 emergency.

A number of time-limited provisions are there to cater for the immediate economic impact of the covid-19 pandemic. They have been added to the package and will be in place for a month after Royal Assent.

[Richard Fuller (North East Bedfordshire) (Con)]

Playing a fundamental part in the Bill, we have a number of measures that have been consulted on for a long period; people have thought about them and, as my right hon. Friend said, there has been a large degree of consensus around them. Then we have some other measures that have been brought forward in response to the immediate crisis; the Department has worked incredibly quickly to come up with them. Is the Department satisfied that it has got the balance right between the two? Is there anything that we should look out for in the next few months about the permanence of some of those measures?

--- Later in debate ---

[Alok Sharma]

My hon. Friend raises a really important point about protecting small suppliers. They will of course have this exemption. According to the definition in the Companies Act 2006, a small supplier is one that meets two of the following three criteria: having up to 50 employees, a turnover of up to £10.2 million, and gross assets of up to £5.1 million. I think that will cover a very large number of businesses in our country.

[Richard Fuller]

May I thank you, Madam Deputy Speaker, for permitting so many interventions? As we are rushing through the Bill relatively quickly, it is important that Members on both sides of the House have the opportunity to raise points directly with the Secretary of State, so thank you for permitting some latitude for interventions.

The small business commissioner appeared before the Business, Energy and Industrial Strategy Committee a few weeks ago, and I posed some questions about whether he had the powers he needed. As my right hon. Friend looks at this period, with the particular pressure caused by covid-19, is he assured that the small business commissioner’s powers are as will be needed, or does he envisage wanting to look again at this in the future?

[Alok Sharma]

My hon. Friend raises an incredibly important point. I championed this issue—support for small businesses—when I was on the Back Benches. As he will know, the Government’s payment terms are favourable in setting a very time-limited period within which payments must be made to Government suppliers, and of course the Government also require that if a large organisation is being paid by the Government under a contract, they need to pass on that speed of payment to smaller subcontractors. He will also know that in the manifesto on which he and I stood we committed to looking further at the role of the small business commissioner and how it might be strengthened. We will bring forward a consultation on that in due course.

I move now to the temporary measures in the Bill. The first set provides for a suspension of the serving of statutory demands and a restriction on winding-up petitions. These measures will be retrospective from 1 March and 27 April respectively and will last until one month after Royal Assent, although they can be extended if that is deemed necessary. The Coronavirus Act 2020 temporarily suspended the right of commercial landlords to forfeit the tenancies of retail businesses in order to protect tenants unable to trade because of covid-19. While this temporary suspension has been in place, the majority of landlords and tenants have been working well together to reach agreements on debt obligations, but a small number of landlords have been using aggressive debt recovery tactics to put pressure on tenants, including through the use of statutory demands and threats of winding up. For this reason, the measures in the Bill to limit the use of statutory demands and winding-up petitions have been welcomed by many, especially in the hospitality sector.