Oral Answers to Questions

Debate between Steve Barclay and Ed Davey

Thursday 13th January 2011 Commons Chamber

[Stephen Barclay (North East Cambridgeshire) (Con)]

T6. Phoenix trading, whereby directors in financial difficulty set up a new business and then buy back their assets at a knock-down rate—that is, for less than the bad debts that they walk away from—is a serious issue for small businesses that supply those goods in good faith, both in my constituency, and, I am sure, those of many other Members. In reply to my parliamentary question, the Government said that no legislation was planned, but what comfort can they provide to small businesses? Will the Minister meet me to discuss the various tools that his officials could use to provide such comfort?

[Mr Davey]

I am grateful to the hon. Gentleman for raising this matter. Pre-packs, which is the name of the process that he is talking about, are a way of dealing with companies that are already insolvent. In some circumstances they can work well. However, I recognise the concerns that he has raised about the process, especially when the sale is backed to connected parties, such as the phoenix-type companies that he talked about. I am currently considering the responses to a consultation that the previous Government held on improving transparency and confidence in the pre-pack approach to administration. I plan to make an announcement on that in the near future, and I would certainly be happy to meet him.