UK Parliament / Open data

Financial Services (Banking Reform) Bill

Committee of the Whole House (HL) and Debate on bills on Tuesday, 15 October 2013, in the House of Lords.
Lords committee stage second day (part one). Clauses 9 to 12 agreed. New clause (Lords amendment 43) debated and withdrawn. New clauses (Lords amendments 44, 45, 58 and 60A) debated and agreed. New clauses (Lords amendments 46 to 57, 59, 60, and 60B to 60 YYV) agreed to.

About these Parliamentary proceedings

Reference

748 cc357-479 

Session

2013-14

Legislative stage

Committee stage

Procedure

New clauses

Chamber / Committee

House of Lords chamber
Financial Services (Banking Reform) Bill 2012-13 to 2013-14. Brought from the Commons.
Wednesday, 10 July 2013
Bills
House of Lords
Delegated Powers and Regulatory Reform Committee eighth report.
Tuesday, 8 October 2013
Parliamentary committees
House of Lords
Delegated Powers and Regulatory Reform Committee tenth report.
Wednesday, 9 October 2013
Parliamentary committees
House of Lords
Deposited Paper DEP2013-1673
Tuesday, 15 October 2013
Deposited papers
House of Lords

Show all related items (5)
Deposited Paper DEP2013-1870
Friday, 25 October 2013
Deposited papers
House of Lords

Proceeding contributions

Lord Sharkey | 748 c357 (Link to this contribution)

Moved by

Lord Sharkey

43: After Clause 8, insert the following new Clause—

“Com...

Lord Sharkey | 748 cc358-360 (Link to this contribution)

My Lords, this is a probing amendment. It is designed to allow us to consider what progress we ar...


Show all contributions (126)
Lord Eatwell | 748 cc360-2 (Link to this contribution)

It would probably be helpful if I spoke now, and also introduced the amendment which is grouped w...

Lord Flight | 748 cc362-3 (Link to this contribution)

My Lords, I declare an interest as a director of Metro Bank. I support Amendment 102, in the name...

Lord Glasman | 748 cc363-5 (Link to this contribution)

My Lords, I should like to speak in favour of the amendment moved by the noble Lord, Lord Sharkey...

Baroness Liddell of Coatdyke | 748 cc365-6 (Link to this contribution)

My Lords, I apologise to the House that I was not able to speak in the Second Reading debate, but...

Lord Higgins | 748 cc366-7 (Link to this contribution)

My Lords, both these amendments have much to commend them. The point that I would like to pick up...

Lord Phillips of Sudbury | 748 c367 (Link to this contribution)

My Lords, I, too, broadly support these two amendments. It is encouraging that every speaker so f...

Lord Phillips of Sudbury | 748 cc367-8 (Link to this contribution)

I am sorry, it was my noble friend. That is a stunning statistic. The fact that some of the small...

Lord Turnbull | 748 cc368-9 (Link to this contribution)

My Lords, I, too, am grateful to the noble Lord, Lord Sharkey, for giving us the opportunity to d...

Lord McFall of Alcluith | 748 cc369-370 (Link to this contribution)

My Lords, the noble Lords, Lord Eatwell and Lord Sharkey, have done the Committee a service by ra...

Lord Desai | 748 cc370-1 (Link to this contribution)

My Lords, I support the amendment in the name of my noble friend Lord Eatwell and want to comment...

Lord Newby | 748 cc371-2 (Link to this contribution)

My Lords, it is a great pleasure to respond to this fascinating debate. I should say at the outse...

Lord Eatwell | 748 c372 (Link to this contribution)

I wonder whether the Minister will allow me to comment on the series of measures he just outlined...

Lord Newby | 748 cc372-4 (Link to this contribution)

The Government are saying that the OFT is in the process of undertaking a series of pieces of wor...

Lord Higgins | 748 c374 (Link to this contribution)

My Lords, my noble friend seems to be implying that the study by the OFT is in some sense a subst...

Lord Newby | 748 c374 (Link to this contribution)

My Lords, as I said, the OFT is undertaking its work and expects to have formed a view by 2015 ab...

Lord McFall of Alcluith | 748 c375 (Link to this contribution)

My Lords, the noble Lord, Lord Higgins, has a real point here. If we look at the timeline with PP...

Lord Newby | 748 c375 (Link to this contribution)

My Lords, everybody would have a great deal of sympathy with the general point that the system ha...

Lord Flight | 748 c375 (Link to this contribution)

My Lords, I ask the noble Lord to look at the other side of the balance sheet. I could not find t...

Lord Higgins | 748 c375 (Link to this contribution)

My Lords, my noble friend says that people have been very slow in the past, but he is now telling...

Lord Phillips of Sudbury | 748 c375 (Link to this contribution)

My Lords, if I may, I would add that my noble friend talked of being too slow, but in this debate...

Lord Newby | 748 c375 (Link to this contribution)

My Lords, as far as immorality is concerned, later we will deal with amendments on the reversal o...

Lord Sharkey | 748 c376 (Link to this contribution)

My Lords, I will be brief because I see that I am holding back an avalanche of 158 government ame...

Lord Newby | 748 c376 (Link to this contribution)

Moved by

Lord Newby

44: After Clause 12, insert the following new Clause—

“Part...

Lord Newby | 748 cc376-9 (Link to this contribution)

My Lords, this clause and the new schedule to the Bill in Amendment 105 have the effect of amendi...

Lord Eatwell | 748 cc379-380 (Link to this contribution)

My Lords, we can forgive the noble Lord, Lord Newby, for taking some time to introduce the amendm...

Lord Turnbull | 748 c381 (Link to this contribution)

My Lords, these clauses exemplify the maxim, “be careful what you wish for”. The parliamentary co...

Lord Flight | 748 c381 (Link to this contribution)

My Lords, I can see something like a bail-in scheme working satisfactorily with regard to a bank ...

Lord Blackwell | 748 c381 (Link to this contribution)

My Lords, in asking Parliament to approve these powers, I wonder if my noble friend could set out...

Lord Higgins | 748 cc381-2 (Link to this contribution)

My Lords, these clauses give the Bank of England very considerable powers and responsibilities, w...

Lord Newby | 748 cc382-3 (Link to this contribution)

My Lords, I thank the noble Lords who have spoken on these extremely technical points. A number o...

Lord Eatwell | 748 c383 (Link to this contribution)

I was thinking of the Crown Dependencies.

Lord Newby | 748 cc383-4 (Link to this contribution)

I had not realised that the noble Lord, Lord Eatwell, was thinking of the Crown Dependencies. I w...

Lord Eatwell | 748 c384 (Link to this contribution)

I just take up the Minister on that last point. Surely one of the key arguments about the ring-fe...

Lord Higgins | 748 c384 (Link to this contribution)

I come in on the same point, if I may, because my reaction was the same as the noble Lord who has...

Lord Lawson of Blaby | 748 c385 (Link to this contribution)

The noble Lord, Lord Eatwell, said something which I think is profoundly wrong, but I can underst...

Lord Newby | 748 c385 (Link to this contribution)

My Lords, I can confirm what the noble Lord, Lord Lawson says. It is not the intention to have a ...

Lord Higgins | 748 c385 (Link to this contribution)

I am sorry but I am still not clear. Could bail-in provisions be applied by the Bank of England t...

Lord Newby | 748 c385 (Link to this contribution)

That is what I was attempting unsuccessfully to say.

Lord Newby | 748 cc385-6 (Link to this contribution)

Moved by

Lord Newby

45: After Clause 12, insert the following new Clause—

“Part...

Lord Newby | 748 cc386-8 (Link to this contribution)

My Lords, we now turn to the government amendments which implement another important part of the ...

Lord Turnbull | 748 cc387-390 (Link to this contribution)

My Lords, an important finding of the parliamentary commission was that the existing approved per...

Viscount Trenchard | 748 c390 (Link to this contribution)

I intervene to ask the Minister to comment on some concerns that I have about this new “approved ...

Lord Flight | 748 cc390-1 (Link to this contribution)

My Lords, I support the points made by the noble Viscount, Lord Trenchard. It is entirely underst...

Lord Brennan | 748 cc391-4 (Link to this contribution)

My Lords, I speak to the amendments in my name and in those of the noble Lords, Lord McFall and L...

Lord McFall of Alcluith | 748 cc394-6 (Link to this contribution)

My Lords, it is a pleasure to follow the noble Lord, Lord Brennan, and to have my name on these a...

Lord Lawson of Blaby | 748 cc396-8 (Link to this contribution)

My Lords, I do not want to go into the issue of money laundering; we have had a good debate on it...

Lord Watson of Invergowrie | 748 cc398-9 (Link to this contribution)

My Lords, I am proud to have my name associated with that of my noble friends Lord Brennan and Lo...

Baroness Noakes | 748 cc400-1 (Link to this contribution)

My Lords, for various reasons I have not yet had an opportunity to speak to the Bill. As this is ...

Baroness Liddell of Coatdyke | 748 c401 (Link to this contribution)

My Lords, I found that to be a very interesting speech from the noble Baroness, Lady Noakes. She ...

Lord Flight | 748 c402 (Link to this contribution)

I clearly did not make my point correctly. I was simply trying to say that I have seen reactions ...

Lord Eatwell | 748 cc402-3 (Link to this contribution)

My Lords, I have an amendment in this group and it may be for the convenience of the Committee if...

Lord Desai | 748 c403 (Link to this contribution)

My Lords, I support what my noble friend Lord Eatwell said and speak in relation to what the nobl...

Lord Phillips of Sudbury | 748 c403 (Link to this contribution)

My Lords, I support very much what the noble Lord, Lord Eatwell, has just said. We need a clear a...

Lord Newby | 748 c403 (Link to this contribution)

My Lords, perhaps I may start by dealing with the three points on which the noble Lord, Lord Turn...

Lord Turnbull | 748 c403 (Link to this contribution)

If a bank divides itself under the new regime into a ring-fenced bank which takes deposits and pu...

Lord Newby | 748 c403 (Link to this contribution)

My Lords, I repeat: it is limited to banks that take deposits, because the view is that they are ...

Lord Turnbull | 748 c404 (Link to this contribution)

The question then becomes, “Should it be those areas?”, and a question of whether the Minister wi...

Lord Newby | 748 c404 (Link to this contribution)

I will take it back to the Treasury, but I want the noble Lord to be in no doubt as to what the G...

Lord Lawson of Blaby | 748 c404 (Link to this contribution)

May I reinforce what others have said? I am horrified by the Minister’s explanation. He must take...

Lord Eatwell | 748 c404 (Link to this contribution)

I would like to reinforce the position of the official Opposition on this. We are totally behind ...

Baroness Noakes | 748 c404 (Link to this contribution)

Was the Minister talking about retail deposits, as I believe my noble friend Lord Lawson has inte...

Lord Newby | 748 c404 (Link to this contribution)

The definition relates to deposit-taking, retail and wholesale.

Lord Flight | 748 c404 (Link to this contribution)

Could I add my support? It seems to me that it is in investment banking territory where there is ...

Lord Eatwell | 748 c405 (Link to this contribution)

As clarification, given what the Minister has said about wholesale deposits, if there was an orga...

Lord Newby | 748 c405 (Link to this contribution)

My Lords, unless it was taking deposits it would be exempt under the amendments as they stand. It...

Lord McFall of Alcluith | 748 c405 (Link to this contribution)

It would be easy to put a note in the Library about which institutions will be affected and which...

Lord Newby | 748 cc405-6 (Link to this contribution)

I am not sure that I can undertake to give a comprehensive list, but I am sure that I can underta...

Lord McFall of Alcluith | 748 c406 (Link to this contribution)

The reason I said that is that Tracey McDermott, the present FCA director of enforcement, came be...

Lord Newby | 748 cc406-7 (Link to this contribution)

When this amendment is enacted, it will ensure that a senior manager will have his or her areas o...

Lord Newby | 748 c407 (Link to this contribution)

Moved by

Lord Newby

46: After Clause 12, insert the following new Clause—

“Seni...

Lord Newby | 748 c407 (Link to this contribution)

My Lords, I beg to move.

Amendment 46A (to Amendment 46)

Lord Brennan | 748 c407 (Link to this contribution)

Tabled by

Lord Brennan

46A: After Clause 12, line 13, leave out paragraph (b) and ins...

Lord Brennan | 748 cc407-8 (Link to this contribution)

My Lords, I am grateful to the Minister for telling us that he will write in due course about the...

Lord Newby | 748 cc408-9 (Link to this contribution)

Moved by

Lord Newby

47: After Clause 12, insert the following new Clause—

“Stat...

Lord Newby | 748 cc409-415 (Link to this contribution)

Moved by

Lord Newby

48: After Clause 12, insert the following new Clause—

“Powe...

Lord Newby | 748 cc415-7 (Link to this contribution)

Moved by

Lord Newby

53: After Clause 12, insert the following new Clause—

“Rule...

Lord Newby | 748 cc417-9 (Link to this contribution)

Moved by

Lord Newby

54: After Clause 12, insert the following new Clause—

“Defi...

Lord Newby | 748 cc419-420 (Link to this contribution)

Moved by

Lord Newby (LD)

55: After Clause 12, insert the following new Clause—

...

Lord Newby | 748 cc420-1 (Link to this contribution)

Moved by

Lord Newby (LD)

58: After Clause 12, insert the following new Clause—

...

Lord Newby | 748 cc421-3 (Link to this contribution)

My Lords, we now turn to one of the key recommendations of the PCBS: the introduction of a new cr...

Lord Brennan | 748 c423 (Link to this contribution)

Moved by

Lord Brennan

58A*: After Clause 12, line 10, after “aware” insert “or should...

Lord Brennan | 748 cc423-5 (Link to this contribution)

My Lords, I will deal briefly with these amendments concerning the creation of an offence in rela...

Lord Eatwell | 748 c425 (Link to this contribution)

My Lords, my noble friend Lord Brennan has made some powerful points. I draw the attention of the...

Lord Phillips of Sudbury | 748 cc425-6 (Link to this contribution)

My Lords, I commend the Government on bringing forward Amendment 58. It has been a source of grea...

Baroness Noakes | 748 c426 (Link to this contribution)

My Lords, my first thought on seeing this new offence relating to bank failure was to be mildly a...

Lord Newby | 748 cc426-7 (Link to this contribution)

My Lords, I will try to sum up some of those points. One of the big challenges that we faced in p...

Lord Lawson of Blaby | 748 c427 (Link to this contribution)

May I ask my noble friend one question? The commission’s recommendations refer to this as reckles...

Lord Newby | 748 c427 (Link to this contribution)

Yes, I hope I can. As I was just saying, we had to put in the Bill a form of words that would cre...

Lord Phillips of Sudbury | 748 c427 (Link to this contribution)

I do not think the Minister has adequately dealt with the point made by my noble friend Lady Noak...

Lord Newby | 748 cc427-8 (Link to this contribution)

I do not think it undermines the whole purpose of the amendment. It obviously reduces the scope o...

Lord Brennan | 748 c428 (Link to this contribution)

My Lords, I raise the question briefly about recklessness for the Government to consider. Let us ...

Lord Newby | 748 cc428-9 (Link to this contribution)

Moved by

Lord Newby

59: After Clause 12, insert the following new Clause—

“Inte...

Lord Newby | 748 cc429-430 (Link to this contribution)

Moved by

Lord Newby

60: After Clause 12, insert the following new Clause—

“Inst...

Lord Newby | 748 c430 (Link to this contribution)

Moved by

Lord Newby

60A: After Clause 12, insert the following new Clause—

“Par...

Lord Newby | 748 cc430-3 (Link to this contribution)

My Lords, these amendments will create a new competition-focused utility-style regulator equipped...

Lord Eatwell | 748 cc433-4 (Link to this contribution)

My Lords, I have a number of queries about another set of amendments that are longer than the ori...

Lord Turnbull | 748 c434 (Link to this contribution)

My Lords, this is another example of where we should be careful what we wish for. The Treasury co...

Lord Flight | 748 c434 (Link to this contribution)

I support these amendments. The biggest part of the Bill is concerned with creating competition i...

Lord Higgins | 748 c435 (Link to this contribution)

Those of us who have been through many legislative processes may be a little appalled to find tha...

Baroness Noakes | 748 c435 (Link to this contribution)

My Lords, my initial reaction to these new clauses was that they constituted a sledgehammer to cr...

Lord Phillips of Sudbury | 748 cc435-6 (Link to this contribution)

My Lords, for the record, these amendments cover exactly 52 pages. The only other point I wish to...

Lord Sharkey | 748 c436 (Link to this contribution)

My Lords, I have two simple questions. One is to do with the innovation objective. Government Ame...

Lord Sharkey | 748 c436 (Link to this contribution)

Government Amendment 60U is headed, “Power to require disposal of interest in payment system”. Ne...

Lord Newby | 748 c436 (Link to this contribution)

My Lords, I am grateful for the wide welcome given to these provisions.

Lord Newby | 748 cc436-7 (Link to this contribution)

A number of noble Lords raised the same question and have come down on different sides. Should we...

Lord Eatwell | 748 c437 (Link to this contribution)

My Lords, I beg the noble Lord’s pardon, but the question related to a possibility of interruptio...

Lord Newby | 748 cc437-8 (Link to this contribution)

My Lords, I will have another look at that. The noble Lord has a problem which I do not have to t...

Lord Higgins | 748 c438 (Link to this contribution)

I am not quite clear about who is paying this cost. Am I right in thinking that it is the people ...

Lord Newby | 748 c438 (Link to this contribution)

It will cover the UK end of international transactions. The counterparty in another country is re...

Lord Eatwell | 748 c438 (Link to this contribution)

Perhaps I may follow that. The overall financial services industry, or that bit of it which is re...

Lord Newby | 748 c438 (Link to this contribution)

My Lords, I am extremely sorry that the noble Lord does not understand. We just have a difference...

Baroness Noakes | 748 c438 (Link to this contribution)

I did not question whether or not it could behave reasonably because all regulators are supposed ...

Lord Newby | 748 c439 (Link to this contribution)

I am extremely sorry; I misunderstood the noble Baroness. I think that I shall have to write to h...

Lord Martin of Springburn | 748 c439 (Link to this contribution)

I have been very interested in what has been said about the regulator. Obviously the regulator ha...

Lord Newby | 748 c439 (Link to this contribution)

I will write to the noble Lord as I do not have the faintest clue, except to say that I am sure t...

Lord Newby | 748 cc439-479 (Link to this contribution)

Moved by

Lord Newby

60B: After Clause 12, insert the following new Clause—

“The...

Back to top