Building Societies (Funding) and Mutual Societies (Transfers) Bill. Lords amendments considered and agreed to.
Building Societies (Funding) and Mutual Societies (Transfers) Bill
About these Parliamentary proceedings
Reference
464 c1069-102 Session
2006-07Legislative stage
Lords amendmentsChamber / Committee
House of Commons chamberRelated items
Building Societies (Funding) and Mutual Societies (Transfers) Bill. Lords amendments. Explanatory Notes Bill 159-EN also published. (vote).
Monday, 15 October 2007
Bills
House of Commons
Monday, 15 October 2007
Bills
House of Commons
Proceeding contributions
Speaker | 464 c1069 (Link to this contribution)
With this we may discuss Lords amendments Nos. 2 to 6.
John Butterfill | 464 c1069 (Link to this contribution)
I beg to move, That the House agrees with the Lords in the said amendment.
Show all contributions (134)
Christopher Chope | 464 c1069-70 (Link to this contribution)
Paragraph 5 of the explanatory notes, contained in the helpful commentary on the Lords amendments th...
John Butterfill | 464 c1069 (Link to this contribution)
I do not think that there is any likelihood of the ruling being contested in either group of courts....
Christopher Chope | 464 c1070 (Link to this contribution)
I am grateful to my hon. Friend for giving way again. Having answered my question rather succinctly,...
John Butterfill | 464 c1070 (Link to this contribution)
Certainly the provisions would enable that to be the case, but the process would still be subject to...
Philip Davies | 464 c1069 (Link to this contribution)
In the light of what my hon. Friend has just said, can he confirm whether the new ruling will be sub...
John Butterfill | 464 c1070 (Link to this contribution)
All the proposals were discussed with the industry quite extensively and were of course dealt with e...
John Butterfill | 464 c1070 (Link to this contribution)
We do not think that that can arise, but we are establishing that beyond peradventure. However, no d...
Lembit Opik | 464 c1070 (Link to this contribution)
Presumably the progenitors of the amendments, which I understand from the hon. Gentleman to be the i...
John Butterfill | 464 c1070 (Link to this contribution)
Yes, because that will not actually occur. If my hon. Friend is concerned about that, he should know...
Christopher Chope | 464 c1070 (Link to this contribution)
But surely if the hybridity issue will not arise, there is no need for Lords amendment No. 1. If the...
Kitty Ussher | 464 c1101 (Link to this contribution)
My understanding is that this measure will make that possible, but I am not in a position to say whe...
Kitty Ussher | 464 c1101 (Link to this contribution)
I know that the islands' authorities were consulted and were content with the proposed amendment. I ...
Simon Burns | 464 c1101 (Link to this contribution)
Given that the Minister has told us that discussions have taken place with the Channel Islands and, ...
Kitty Ussher | 464 c1101 (Link to this contribution)
I will give the hon. Gentleman one last go.
Christopher Chope | 464 c1101 (Link to this contribution)
Will the Minister give way?
Kitty Ussher | 464 c1102 (Link to this contribution)
I am not sure whether that would be possible, but I can see no difficulties arising if it were to ha...
Christopher Chope | 464 c1101 (Link to this contribution)
Bearing in mind the uncertainty about the timetable, will the Minister tell us whether it will be po...
Kitty Ussher | 464 c1102 (Link to this contribution)
The hon. Gentleman is being extremely persistent. I will take one further intervention.
Simon Burns | 464 c1102 (Link to this contribution)
Will the Minister give way on that point?
Simon Burns | 464 c1102 (Link to this contribution)
I am grateful. I was most interested to hear the Minister's response to my hon. Friend the Member fo...
John Butterfill | 464 c1099 (Link to this contribution)
I beg to move, That this House agrees with the Lords in the said amendment.
The Channel Islands and...
John Butterfill | 464 c1099 (Link to this contribution)
The last discussions that I had in the Treasury suggested the consultation would take some months, b...
John Butterfill | 464 c1100 (Link to this contribution)
I did not approach them myself—I understand that they were approached by the Treasury and asked to b...
Christopher Chope | 464 c1100 (Link to this contribution)
Can my hon. Friend tell us when he first approached the Channel Islands and Isle of Man authorities ...
John Butterfill | 464 c1099 (Link to this contribution)
I doubt it, is the answer. We have heard all sorts of strange suggestions as to who might merge with...
Lembit Opik | 464 c1099 (Link to this contribution)
I feel duty bound to ask whether the amendment, if passed, would make it more difficult for a financ...
Simon Burns | 464 c1101 (Link to this contribution)
Does the Minister anticipate that Orders in Council will be issued at some point?
Kitty Ussher | 464 c1100-1 (Link to this contribution)
I shall be happy to provide that clarification. My understanding is that the drafters of the Bill ha...
Philip Davies | 464 c1100 (Link to this contribution)
I, too, would like to raise a query that I hope the Minister can address. Lords amendment No. 7 says...
Christopher Chope | 464 c1100 (Link to this contribution)
Few people would wish to quibble with Lords amendment No. 7. However, I hope that the Minister will ...
Kitty Ussher | 464 c1102 (Link to this contribution)
I apologise for not being a world expert on the legal situation relating to the Channel Islands and ...
Mark Hoban | 464 c1076 (Link to this contribution)
My hon. Friend makes an important point, which is why we need more clarity about what is currently i...
Mark Hoban | 464 c1075-6 (Link to this contribution)
My hon. Friend, who has great experience in these matters, makes a valid point. As a gentleman, I wo...
Christopher Chope | 464 c1075 (Link to this contribution)
Does my hon. Friend agree that this is extremely complicated territory and that it would be easier f...
Mark Hoban | 464 c1076 (Link to this contribution)
My hon. Friend makes an important point. I am not a parliamentary draftsman, so I bow to the experie...
John Butterfill | 464 c1076 (Link to this contribution)
Perhaps I can enlighten my hon. Friend. I refer him to clause 3(9) of the original Bill, which defin...
Mark Hoban | 464 c1073-5 (Link to this contribution)
That distinction can clearly be drawn, but I think that my hon. Friend the Member for Bournemouth, W...
Christopher Chope | 464 c1073 (Link to this contribution)
Does my hon. Friend share my view that there is a distinction to be drawn between the question wheth...
Mark Hoban | 464 c1075 (Link to this contribution)
Defenders of the mutual societies would say that they are not motivated by a love of profit, but by ...
Mark Hoban | 464 c1073 (Link to this contribution)
I am grateful to my hon. Friend for that clarification. The uncertainty about the precise legal form...
John Butterfill | 464 c1072-3 (Link to this contribution)
Perhaps my hon. Friend the Member for Christchurch (Mr. Chope) has not read the explanatory notes fu...
Mark Hoban | 464 c1072 (Link to this contribution)
I am grateful for your guidance, Madam Deputy Speaker.
My hon. Friend the Member for Christchurch m...
Speaker | 464 c1072 (Link to this contribution)
Order. The hon. Member for Fareham (Mr. Hoban) must reply to the first intervention. Then he might w...
John Butterfill | 464 c1072 (Link to this contribution)
Will my hon. Friend give way?
Christopher Chope | 464 c1072 (Link to this contribution)
My hon. Friend is on to a good point here. It is significant that the explanatory notes on the Lords...
Mark Hoban | 464 c1071-2 (Link to this contribution)
I want to make a few brief remarks about the group. First, however, I congratulate my hon. Friend th...
John Butterfill | 464 c1071 (Link to this contribution)
With his usual perceptive nature my hon. Friend will have noted that that issue arises in the next g...
Christopher Chope | 464 c1071 (Link to this contribution)
My hon. Friend has not dealt with the Channel Islands and the Isle of Man. Why does he think it impo...
John Butterfill | 464 c1085 (Link to this contribution)
I bring my hon. Friend back to the point that we would be dealing with two groups of members: the me...
Christopher Chope | 464 c1085 (Link to this contribution)
We are talking about hypotheses. If my hon. Friend does not think that any group would have a locus ...
John Butterfill | 464 c1085 (Link to this contribution)
My hon. Friend knows very well that in such circumstances mischief-makers could claim to have locus ...
Lembit Opik | 464 c1084 (Link to this contribution)
What mechanism can the hon. Gentleman foresee that would enable the people determining whether to ma...
Christopher Chope | 464 c1084 (Link to this contribution)
I do not say that the problems were all due to the structure of the organisation—
Speaker | 464 c1084 (Link to this contribution)
I should remind hon. Members that we are not debating the issue of Northern Rock. Enough reference h...
Christopher Chope | 464 c1084-5 (Link to this contribution)
I am grateful, Madam Deputy Speaker. You enable me to answer the hon. Gentleman's other point on how...
Philip Davies | 464 c1086 (Link to this contribution)
Does my hon. Friend agree that my hon. Friend the Member for Bournemouth, West (Sir John Butterfill)...
Christopher Chope | 464 c1086 (Link to this contribution)
Exactly—my hon. Friend is absolutely right. That is why, when looking at this issue, their Lordships...
Speaker | 464 c1086 (Link to this contribution)
Order. Perhaps the hon. Gentleman can continue, even without the benefit of the letter.
Christopher Chope | 464 c1083 (Link to this contribution)
Is that correct? I ask with great respect, as my hon. Friend is a much greater expert in this matter...
Lembit Opik | 464 c1083 (Link to this contribution)
Leaving aside the fact that Northern Rock's recent difficulties obviously have nothing to do with it...
John Butterfill | 464 c1083 (Link to this contribution)
My hon. Friend does not realise that the scenario he describes could happen today, without this Bill...
Mark Hoban | 464 c1081 (Link to this contribution)
I should hate the hon. Gentleman to leave with an incorrect interpretation of my remarks. I merely d...
Lembit Opik | 464 c1081-2 (Link to this contribution)
I fully understand the hon. Gentleman's desire to clarify on the record the position of those on the...
Lembit Opik | 464 c1080-1 (Link to this contribution)
That is probably a worthwhile request to the Minister. I too hope that she can clarify her understan...
Christopher Chope | 464 c1084 (Link to this contribution)
Obviously, the operations of such an institution within the United Kingdom, in so far as they dealt ...
Lembit Opik | 464 c1083 (Link to this contribution)
Well, okay—we will have that discussion in the pub later. Leaving that aside, surely the hon. Member...
Philip Davies | 464 c1078 (Link to this contribution)
I feel that I should leap to my hon. Friend's defence in the face of the onslaught from my hon. Frie...
Mark Hoban | 464 c1078 (Link to this contribution)
I do not want to go too far down this route. My hon. Friend makes an important point. UK shareholder...
Christopher Chope | 464 c1078 (Link to this contribution)
Will my hon. Friend give way?
Mark Hoban | 464 c1078 (Link to this contribution)
I will give way one last time.
Christopher Chope | 464 c1078-9 (Link to this contribution)
I think that my hon. Friend is on to a good point. There is a distinction between members of a mutua...
Lembit Opik | 464 c1079-80 (Link to this contribution)
I congratulate the hon. Member for Bournemouth, West (Sir John Butterfill) on his prodigious product...
John Butterfill | 464 c1080 (Link to this contribution)
I am sure the hon. Gentleman is aware that before any merger of this type could take place, the memb...
Mark Hoban | 464 c1080 (Link to this contribution)
The hon. Gentleman is right to point out that it would be up to the members of both organisations to...
Christopher Chope | 464 c1076 (Link to this contribution)
Does my hon. Friend accept that a UK building society, financial mutual or mutual society would also...
Lembit Opik | 464 c1077 (Link to this contribution)
Guidance from the Minister on this point is probably helpful, but I suspect that it is a pretty open...
Mark Hoban | 464 c1076-7 (Link to this contribution)
We are getting into some tricky territory relating to drafting and how the clauses interact. I would...
Lembit Opik | 464 c1077 (Link to this contribution)
My interpretation would be that the Treasury could stipulate what happens within the jurisdiction of...
Mark Hoban | 464 c1077-8 (Link to this contribution)
The hon. Gentleman might be right, and the Minister might indicate that in her remarks. I would add,...
John Butterfill | 464 c1078 (Link to this contribution)
My hon. Friend is being untypically—or atypically—naive. The situation is no different from that for...
Kitty Ussher | 464 c1077 (Link to this contribution)
indicated assent.
Lembit Opik | 464 c1077 (Link to this contribution)
The Minister is nodding, so I suspect that she will confirm that the issue raised by the hon. Member...
Mark Hoban | 464 c1078 (Link to this contribution)
Part of this process is to tease out what will happen when the amendments come into force. When mutu...
Mark Hoban | 464 c1097 (Link to this contribution)
To clarify, a UK non-financial mutual, which by definition is an EEA mutual, could merge with a UK f...
Kitty Ussher | 464 c1098 (Link to this contribution)
That is my understanding. The changes will allow mutuals in other EEA states to take over UK mutuals...
Mark Hoban | 464 c1098 (Link to this contribution)
Clause 3(9) specifies three types of UK financial mutual that could merge with other UK financial mu...
Kitty Ussher | 464 c1098 (Link to this contribution)
My understanding is that the purpose of the proposal is simply to create a level playing field. A fo...
Kitty Ussher | 464 c1096 (Link to this contribution)
That is not my understanding. The amendments address the specific point that my predecessor made in ...
Christopher Chope | 464 c1097 (Link to this contribution)
I am grateful to the hon. Lady for accepting this final intervention. She referred to the precaution...
Kitty Ussher | 464 c1097 (Link to this contribution)
I am aware that the hon. Gentleman has had a substantial opportunity to contribute. I shall take one...
Mark Hoban | 464 c1097 (Link to this contribution)
I am grateful to the Minister for that clarification. She listed the three types of EEA mutual. With...
Kitty Ussher | 464 c1097 (Link to this contribution)
I do not believe that I am excluding rights by addressing the point of hybridity at this point durin...
Kitty Ussher | 464 c1097 (Link to this contribution)
I presume the hon. Gentleman is going back to the wine example. It is not for me to specify which se...
Kitty Ussher | 464 c1099 (Link to this contribution)
I said that I would not give way again, so I shall stick to that. I apologise.
I am delighted to co...
Christopher Chope | 464 c1099 (Link to this contribution)
Will the Economic Secretary give way?
Kitty Ussher | 464 c1098-9 (Link to this contribution)
I agree. It is not for the Government to start delving deep into the decisions that essentially priv...
Lembit Opik | 464 c1098 (Link to this contribution)
Does the Economic Secretary feel, like me, that we are considering a moot point? If a UK financial m...
Christopher Chope | 464 c1099 (Link to this contribution)
I was disappointed that, given the time available, the Economic Secretary was not prepared to take m...
John Butterfill | 464 c1099 (Link to this contribution)
I am happy with the Economic Secretary's reply. She has explained clearly and comprehensively the po...
Philip Davies | 464 c1091-2 (Link to this contribution)
I, too, wish to congratulate my hon. Friend the Member for Bournemouth, West (Sir John Butterfill) o...
John Butterfill | 464 c1092 (Link to this contribution)
My hon. Friend is aware that the Bill provides that all such orders will be subject to the affirmati...
Christopher Chope | 464 c1090-1 (Link to this contribution)
I hope that the Minister will be able to respond to the concerns expressed. At the moment, the defin...
Lembit Opik | 464 c1090 (Link to this contribution)
Just for the avoidance of doubt, I can hardly be a Eurosceptic given that my parents are Estonian. I...
Christopher Chope | 464 c1089-90 (Link to this contribution)
The Joint Select Committee on Delegated Legislation that examined the issue of hybrid instruments sa...
Speaker | 464 c1090 (Link to this contribution)
Order. I have allowed a little latitude, but that is far enough.
Speaker | 464 c1087 (Link to this contribution)
Order. I remind the hon. Gentleman that this is a narrow debate on a particular group of amendments....
Speaker | 464 c1089 (Link to this contribution)
Order. Interesting as that might be, I do not think that it is in any way relevant to the amendments...
Christopher Chope | 464 c1088-9 (Link to this contribution)
It is indeed narrow, Madam Deputy Speaker, but may I submit that it is also very important, because ...
Philip Davies | 464 c1096 (Link to this contribution)
I would like to pick up on something that the Minister said earlier. She said that amendments Nos. 2...
Christopher Chope | 464 c1096 (Link to this contribution)
This is the first time I have had the privilege of hearing the Minister speak in her new role. She i...
Kitty Ussher | 464 c1094-6 (Link to this contribution)
In the few moments that I intend to use, given the 32 Bills listed for debate during the next couple...
Simon Burns | 464 c1094 (Link to this contribution)
We have three hours.
Kitty Ussher | 464 c1094 (Link to this contribution)
I am extremely positively encouraged by Opposition Members' forensic scrutiny of the Bill during tod...
Philip Davies | 464 c1094 (Link to this contribution)
The hon. Gentleman makes a good point. He may well be right that that would be a good thing and make...
Lembit Opik | 464 c1093 (Link to this contribution)
There is a potential slight contradiction between the hon. Gentleman's comments and those of some hi...
Philip Davies | 464 c1093 (Link to this contribution)
My hon. Friend has been in Parliament much longer than I have and knows all the tricks of the trade ...
Christopher Chope | 464 c1092 (Link to this contribution)
Does my hon. Friend agree that to say that something is going to be subject to an affirmative order ...
Philip Davies | 464 c1092 (Link to this contribution)
I am grateful to my hon. Friend for once again reassuring me about the merits of his Bill, and that ...
Philip Davies | 464 c1076 (Link to this contribution)
I, too, bow to the greater experience of my hon. Friend the Member for Bournemouth, West (Sir John B...
Mark Hoban | 464 c1079 (Link to this contribution)
That is an important point. We may need to distinguish between a member of a mutual as a customer of...
Mark Hoban | 464 c1077 (Link to this contribution)
The hon. Gentleman might be right, but we need some clarity. From reading the explanatory notes, I a...
Lembit Opik | 464 c1075 (Link to this contribution)
I am following and I am intrigued by the hon. Gentleman's argument, but what evil is he seeking to p...
Lembit Opik | 464 c1080 (Link to this contribution)
The hon. Gentleman has summarised the single most important defence for any such change. It is true ...
Christopher Chope | 464 c1086-7 (Link to this contribution)
Exactly, Madam Deputy Speaker. Effectively, what the Minister who wrote that letter said was not ver...
Christopher Chope | 464 c1085-6 (Link to this contribution)
If one looks at the history of the hybrid instrument procedure, one sees that it has always been the...
John Butterfill | 464 c1069 (Link to this contribution)
The amendments arise out of difficulties that we experienced in tabling appropriate clauses when the...
Christopher Chope | 464 c1082-3 (Link to this contribution)
I congratulate my hon. Friend the Member for Bournemouth, West (Sir John Butterfill) on the progress...
Christopher Chope | 464 c1096 (Link to this contribution)
Will the Minister give way?
Christopher Chope | 464 c1090 (Link to this contribution)
I hear the development of the hon. Gentleman's argument, but as I am a member of the parliamentary d...
Kitty Ussher | 464 c1096 (Link to this contribution)
No, I do not agree with that. I do not feel that it is a blank cheque. I genuinely feel that technic...
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