Financial Services Bill

Robert Buckland Excerpts

Monday 23rd April 2012 Commons Chamber

[Katy Clark]

I congratulate my hon. Friend on her work on this issue. She led an Adjournment debate about it shortly before Christmas to commemorate the fifth anniversary of Farepak’s collapse.

I, too, pay tribute to Deborah Harvey, who is the current secretary of the Farepak victims committee and who has done a tremendous amount of work on this issue. The Farepak victims committee is unusual in that it has continued, in an organised way, to bring people together on this issue over a long period. One problem is that the type of people who tend to be affected when such things happen are not organised. The work done by Louise McDaid, Jean McLardy, Deborah Harvey and many others has helped to keep the issue in the spotlight. It is important to look at the situation again today, because it is a disgrace that, five years on, it has not been brought to a conclusion and people still do not know for sure how much money they will get back.

One reason for the huge problems was that the Farepak victims were unsecured creditors. That meant that when the company went bust, the money that they had paid in was not protected, as it is secured creditors who get preference. We need to look at the model whereby people pay money in and effectively save up for goods that they have not received.

[Mr Robert Buckland (South Swindon) (Con)]

The hon. Lady is outlining the gap between the perceptions of those who were saving with Farepak, which was based in my constituency, and the reality of the regulatory framework. The gap was between people’s belief that they were saving into a pot that they would be able to reclaim from and the reality, which was that they were unsecured creditors. That must never be allowed to happen again. This is a chance for change so that we do not again see the abuse that we saw with Farepak .

[Katy Clark]

I am grateful to the hon. Gentleman for his intervention. He has shown that he has a full grasp of the issues. Many of those who saved through Farepak for Christmas 2006 believed that there was some form of protection for the money that they put in. They were of the opinion that they were being responsible by saving in that way. My view is that they were being responsible. We have a duty, as legislators, to put protections in statute to enable people to continue to save using such models. I think that those people had a reasonable expectation that there was regulation in place to protect the money that they put in. Many of them presumed that there was such regulation.

Five years ago, a voluntary body called the Christmas Prepayment Association was set up. However, many prepayment companies are not members of that organisation and there is no requirement for them to belong to it. Some of the biggest players in the market, such as Tesco and Asda, are not members. The association covers only Christmas schemes and not the wider prepayment sector.

I believe that the prepayment sector has not been regulated because, over time, different forms of prepayment have developed. Mechanisms have been put in place to provide protection for the earliest types of prepayment, such as those used in the travel industry. The Farepak case highlights important failings in the regulation of the prepayment industry. It has become clear that that lack of regulation extends not just to the Christmas hamper sector, but to a wide range of prepayment situations in which consumers pay in advance of receiving goods. I have already mentioned the holiday sector, in which the Association of British Travel Agents operates, and there are many other situations in which a customer pays for something by way of instalments.

That practice is usually undertaken by those of limited means, who are at risk of losing both their money and the product if the fund goes bust before they take delivery. Such a form of payment is used by such large organisations as Tesco and Asda, but also by small organisations in all our communities. Some people pay over a period for goods for a celebration, for example, perhaps paying a butcher instalments of £10 a week. We should provide a statutory framework so that such people get some type of preference if the organisation in question no longer exists.

One reason why it is important to have regulation is that it tends to be people from poorer communities who pay in advance by instalment. They are exactly the people who can least afford to lose out, and I do not believe that they should carry the risk when they choose that model of payment for goods. Many of them honestly assume that their money will be ring-fenced in some way.

We need to move to a model whereby moneys that are prepaid are effectively held in trust, and any organisation that can no longer deliver the goods because of a collapse gives those moneys priority. I therefore believe that it is appropriate that an organisation such as the Financial Policy Committee examines the issue. Prepayment exists in a wide range of scenarios, with people paying over a period in advance of receiving the goods. I therefore ask the Government to look sympathetically on new clause 12 and consider pursuing the course of action that it suggests.

Oral Answers to Questions

Robert Buckland Excerpts

Tuesday 24th January 2012 Commons Chamber

The Chancellor of the Exchequer was asked—

[Mr Robert Buckland (South Swindon) (Con)]

1. What fiscal steps he plans to take to promote economic growth.

[The Chief Secretary to the Treasury (Danny Alexander)]

The Chancellor is at ECOFIN today.

As the experience of many European countries has demonstrated, loss of control of the public finances is catastrophic for growth. That was why, in the autumn statement, we set out plans to maintain the credibility of our fiscal stance while innovatively using the money that we do have to support home buyers, small firms and infrastructure and to tackle youth unemployment.

[Mr Buckland]

I was pleased to see in the autumn statement the proposed introduction of the new seed enterprise investment scheme, which will encourage investment in small and high-risk early-growth businesses. What other measures does my right hon. Friend propose to take to encourage equity investment and support for growing businesses?

[Danny Alexander]

As my hon. Friend knows, at the Budget last year we announced reforms to the enterprise investment scheme and the venture capital trusts scheme, which are subject to state aid approval. The Government are committed to finding innovative ways to invest in new firms, such as the seed enterprise investment scheme, and we will consider further ideas in the future.

Oral Answers to Questions

Robert Buckland Excerpts

Tuesday 1st November 2011 Commons Chamber

[Jesse Norman (Hereford and South Herefordshire) (Con)]

7. What recent estimate he has made of the level of central Government debt.

[Mr Robert Buckland (South Swindon) (Con)]

11. What recent estimate he has made of the level of central Government debt.

[The Exchequer Secretary to the Treasury (Mr David Gauke)]

The Office for National Statistics publishes central Government debt figures monthly. The latest figures released on 21 October gave central Government gross debt as £1.2 trillion or 77.6% of GDP in September. The Government use public sector net debt for their fiscal targets. That figure is also published by the ONS, and it was £966 billion or 62.6% of GDP last month.

--- Later in debate ---

[Mr Gauke]

My hon. Friend has campaigned tirelessly on this matter. As he knows, the Government have improved the assurance and approval arrangements for PFI, and the transparency. We are seeking to obtain £1.5 billion of savings on existing stock of PFI contracts, and we will of course continue to work hard to improve the situation.

[Mr Buckland]

With gilt yields at their lowest for 60 years, does this situation not show that the international markets have huge faith in the UK’s debt reduction strategy?

[Mr Gauke]

My hon. Friend is absolutely right and that point was confirmed yesterday by the OECD. We would be a very foolish Government indeed to throw away that credibility by pursuing a policy of spend and borrow as the Labour party advocates.

Independent Banking Commission Report

Robert Buckland Excerpts

Monday 12th September 2011 Commons Chamber

[Mr Osborne]

Of course, one of the groups of people who are the innocent victims of what went wrong are the many people who worked in the branches of banks such as RBS and HBOS throughout the country and who lost their jobs even though they were not investment bankers working in the City of London or trading mortgage derivatives and so forth. I hope that we can now build a successful and competitive banking system that, in Scotland and elsewhere, hires people, opens branches and reverses the trend of recent years. Such groups of people have definitely been the innocent victims of what went wrong and we must do right by them.

[Mr Robert Buckland (South Swindon) (Con)]

What impact does my right hon. Friend think these generally welcome proposals will have on the timing of the return of our nationalised banks to the private sector?

[Mr Osborne]

Of course, we all want to see the return of the banks to the private sector. If truth be told, the big fall in recent months in the share prices of these banks and others—American and European—around the world have pushed that timetable back a little further. I do not think that that is a surprise to anyone. Our objective is to get these banks back into private hands, and Northern Rock—the good part of Northern Rock, I should stress—is currently up for sale.

Finance (No. 3) Bill

Robert Buckland Excerpts

Monday 4th July 2011 Commons Chamber

[Justin Tomlinson (North Swindon) (Con)]

I welcome the opportunity to debate this new clause. I have worked with the hon. Member for Walthamstow (Stella Creasy) on a number of occasions to highlight the need to protect the most vulnerable people in society, and we have been supported by hon. Members from both sides of the House. Let us be clear that a consensus is essential, as has been said by the hon. Member for Scunthorpe (Nic Dakin) and my hon. Friend the Member for Macclesfield (David Rutley). This is an extremely complex and challenging issue, and although we all agree that action must be taken, we need to be careful not to make the situation worse. I will set out a number of reasons why that could happen.

The new clause would require the Government to review how taxation could be used to penalise high-cost credit that is detrimental to consumers and competition. However, the current consumer credit review is examining all the options through which we can hope to secure a measured and effective response. I first wish to highlight the need to use credit reference companies, because it is unacceptable that so many of these loan companies do not even simply check whether the person borrowing the money can actually service the debt. We would all agree that we are not against people borrowing money if that is what they wish to do, but they should have the opportunity to be able to service that debt. Secondly, we need to limit the number of customer extensions and roll-overs, as a number of hon. Members have said. It is unacceptable that people can be trapped into a cycle of increasingly expensive debt. Thirdly, there needs to be a cut-off point, when fees and the interest stop being accumulated. Too often we have seen people borrow a relatively small sum that has built up over many years. Many horror stories have been related in previous debates.

[Mr Robert Buckland (South Swindon) (Con)]

Does my hon. Friend agree that there has been far too much of a rush to litigation by credit companies and that a far better approach would be to seek mediation before pressing the button to go to court? Such an approach would relieve a lot of the burden and pressure on the hard-pressed consumers.

[Justin Tomlinson]

My hon. Friend makes a very important point, with which I absolutely agree. Help should be provided at the point where we freeze that debt, and there should be an examination of the reasons why a consumer was unable to service the debt before that debt gets even further out of control.

Another crucial element is to make sure that those who can pay early are not penalised for doing so. That would mean that if circumstances change to benefit them, they would be able to break away from high-cost lending. A number of hon. Members have mentioned the need for there to be greater access to credit unions, and I know that my hon. Friend the Member for East Hampshire (Damian Hinds) has highlighted the issue on a number of occasions. Interestingly, and aptly, the hon. Member for Darlington (Mrs Chapman) made the point that we should be encouraging those organisations that will lend with the consumer’s interest at heart.

The particular issue I wish to discuss, which was mentioned by my hon. Friend the Member for Chippenham (Duncan Hames), is the need to examine the techniques that are being used. In previous debates, I have directed the majority of my anger at doorstep lenders and their nudge-nudge sales techniques. They build up personal relationships, face to face, in the homes of vulnerable consumers, suggesting ways in which people can borrow money. For example, in the run-up to Christmas the lender will ask people whether they have organised the Christmas presents for their children, the consumer will say that they are not sure whether they can afford them, and the lender then says, “It’s lucky I’m here. Just add another £3 a week and you can get the presents that your children want.” These lenders continuously build up people’s dependency on high-cost lending, so we really have to look at these techniques.

Independent Financial Advisers (Regulation)

Robert Buckland Excerpts

Monday 29th November 2010 Commons Chamber

[Mr Robert Buckland (South Swindon) (Con)]

I probably know some of the constituents to whom the hon. Lady has referred. Some of them have been in touch with me, as well as with my local independent financial advisers. In other professions, when it comes to continuing professional development and examinations, those who specialise concentrate on their specialities, and therefore undergo tests that relate to their experience. The problem with the RDR regime is that it is far too general. That puts people in a really difficult position, which is unfair.

[Nia Griffith]

My friend and compatriot is right. That is why those responsible refer such people to others. They know that they do not know everything; they know what they do know, and they know what they do not know. This is not about throwing the baby out with the bathwater. It is not about abandoning the system altogether. It is about getting it right: it is about having another look, and establishing whether there are ways of implementing the system that will make sense. We need an arrangement that will not create a time scale that is difficult to adhere to, will not depend on slots that are impossible to secure, and will not involve questions the answers to which people will not need to know in their professional lives. We need modifications to make the system much more manageable.

Independent Financial Advisers

Robert Buckland Excerpts

Wednesday 20th October 2010 Westminster Hall

[Harriett Baldwin]

Yes, I agree. In London it does not really matter if one person goes out of business—there will be lots more financial advice available; but in rural constituencies such as mine and that of my hon. Friend there will be a significant impact on access.

The IFAs in West Worcestershire who have come to my constituency advice surgeries have also raised concerns about the exam. Most of the advisers I have seen have been—I know we should not mention age—in their late 50s or 60s. Speaking for myself—and obviously I am still very young—I am not as good at taking exams now as I was when I left university. That does not mean that I have not accumulated something else over the years. I hope that I have a little more wisdom and experience than I had then.

[Mr Robert Buckland (South Swindon) (Con)]

I have spoken to many local IFAs in my constituency and elsewhere, who provide localised, personal services to individuals who may not be of great net wealth, as my hon. Friend the Member for Ipswich (Ben Gummer) said. Does my hon. Friend agree that asking them questions about international arbitrage and the derivatives market is hardly relevant to the practice they have carried on for many years?

[Harriett Baldwin]

Indeed, that is a helpful intervention. I received a letter from someone in the north of England who was concerned about having to learn a lot about non-domiciled investors, which they did not think was very relevant in Sheffield.

In financial markets wisdom and experience are valued. Someone who has lived through a boom and bust cycle in the past is much less likely to believe that the latest investment fad will defy the laws of investment gravity. Someone who has seen a few economic cycles is much more likely to understand the ravages of inflation on savings. Someone who has been to a range of conferences over the years is more likely to know when something is really too good to be true. No exam can test that. Yet it is those experienced IFAs, who are often sole practitioners, who will find it hardest to take the time required to pass the specified exams.

Comprehensive Spending Review

Robert Buckland Excerpts

Wednesday 20th October 2010 Commons Chamber

[Mr Robert Buckland (South Swindon) (Con)]

As a fellow one-nation Conservative, does my right hon. Friend agree that today’s announcement has been driven not by some ideological crusade, as the Labour party has suggested, but by a genuine desire to spend more Government revenue on public services and less on servicing Labour’s debt?

[Mr Osborne]

My hon. Friend is absolutely right. Of course, we have made choices today. First, we have chosen to seek to reduce debt interest by going faster than the Labour party would have done. I think it is better to spend the money here rather than to give it to our foreign creditors. Secondly, we have chosen to put particular emphasis on trying to reduce the welfare bills. That has enabled us to increase investment in the NHS, schools and early-years provision, which we were discussing earlier. That is true to the values of one-nation conservatism and to the values of this coalition.