UK Parliament / Open data

Financial Services (Banking Reform) Bill

Debate on bills on Wednesday, 27 November 2013, in the House of Lords.
Lords report stage second day. Amendments agreed to. Amendment 165, disagreed to on division (204 to 237).

About these Parliamentary proceedings

Reference

749 cc1418-1483 

Session

2013-14

Legislative stage

Report stage

Chamber / Committee

House of Lords chamber

Proceeding contributions

Lord Newby | 749 c1418 (Link to this contribution)

Moved by

Lord Newby

122: Clause 30, page 42, line 9, leave out “38” and insert “(Publ...

Lord Newby | 749 cc1419-1422 (Link to this contribution)

My Lords, the Government are committed to bringing payment systems under formal economic regulati...


Show all contributions (123)
Baroness Noakes | 749 c1420 (Link to this contribution)

My Lords, as the Minister has said, I have Amendment 138 in this group. He has explained the amen...

Lord Brennan | 749 cc1420-4 (Link to this contribution)

My Lords, I congratulate the Minister on his patience and courtesy in always being the Minister t...

Lord Flight | 749 c1424 (Link to this contribution)

My Lords, I support what the noble Lord, Lord Brennan, had to say about the card payment system. ...

Lord Newby | 749 c1424 (Link to this contribution)

My Lords, I think the burden of the case of the noble Lord, Lord Brennan, is that the Government ...

Lord Newby | 749 c1425 (Link to this contribution)

Moved by

Lord Newby

123: Clause 30, page 42, line 18, after “to” insert “(Disclosure ...

Lord Newby | 749 cc1425-7 (Link to this contribution)

Moved by

Lord Newby

124: Schedule 4, page 134, line 1, after “imposing” insert “gener...

Lord Newby | 749 c1427 (Link to this contribution)

Moved by

Lord Newby

134: After Clause 38, insert the following new Clause—

“Pub...

Lord Newby | 749 c1427 (Link to this contribution)

Moved by

Lord Newby

135: Clause 44, page 48, line 15, leave out paragraph (b) and ins...

Lord Newby | 749 c1428 (Link to this contribution)

Moved by

Lord Newby

137: Clause 45, page 48, line 32, at end insert—

“(3) A req...

Lord Newby | 749 c1428 (Link to this contribution)

Moved by

Lord Newby

139: Clause 49, page 50, line 14, leave out “(“the concurrent fun...

Lord Newby | 749 c1428 (Link to this contribution)

Moved by

Lord Newby

140: Clause 50, page 51, line 11, leave out “has the same meaning...

Lord Newby | 749 c1428 (Link to this contribution)

Moved by

Lord Newby

142: Clause 52, page 52, line 16, leave out “requirment on all op...

Lord Newby | 749 c1429 (Link to this contribution)

Moved by

Lord Newby

143: Clause 66, page 57, leave out line 22 and insert “generally-...

Lord Newby | 749 c1429 (Link to this contribution)

Moved by

Lord Newby

144: Schedule 5, page 145, line 35, at end insert—

““appell...

Lord Newby | 749 c1429 (Link to this contribution)

Moved by

Lord Newby

145: Clause 71, page 60, line 38, leave out subsections (4) to (9...

Lord Newby | 749 c1429 (Link to this contribution)

Moved by

Lord Newby

146: Clause 72, page 61, line 23, leave out “(“the relevant parti...

Lord Newby | 749 cc1429-1433 (Link to this contribution)

Moved by

Lord Newby

149: After Clause 80, insert the following new Clause—

“Res...

Lord Newby | 749 c1433 (Link to this contribution)

Moved by

Lord Newby

154: Clause 87, page 72, line 33, after “system,” insert—

“...

Lord Newby | 749 c1433 (Link to this contribution)

Moved by

Lord Newby

156: Clause 89, page 73, line 35, after “direction” insert “under...

Lord Newby | 749 c1433 (Link to this contribution)

Moved by

Lord Newby

159: Clause 92, page 77, line 8, leave out “requirements imposed”...

Lord Newby | 749 c1433 (Link to this contribution)

Moved by

Lord Newby

161: Clause 95, page 77, line 35, at end insert—

““CAT-appe...

Lord Newby | 749 c1434 (Link to this contribution)

Moved by

Lord Newby

163: Clause 104, page 83, line 30, at end insert—

“(f) staf...

Lord Newby | 749 c1434 (Link to this contribution)

My Lords, the purpose of this amendment is to restrict the early termination of contracts by supp...

Lord Phillips of Sudbury | 749 c1434 (Link to this contribution)

Moved by

Lord Phillips of Sudbury

164: After Clause 113, insert the following new Cla...

Lord Phillips of Sudbury | 749 cc1435-6 (Link to this contribution)

My Lords, when this amendment was moved in Committee on 15 October there were 10 of us here at 10...

Lord Phillips of Sudbury | 749 c1436 (Link to this contribution)

Yes.

I want to see, and I think that this may commend itself to the House, a cool look at j...

Lord Higgins | 749 c1436 (Link to this contribution)

My Lords, I am trying to follow my noble friend’s argument. Precisely what contract is he describ...

Lord Phillips of Sudbury | 749 cc1436-7 (Link to this contribution)

I will do my best to explain. Let us consider Merrill Lynch. It cornered, it is estimated, 50% to...

Lord Eatwell | 749 cc1437-8 (Link to this contribution)

My Lords, I confess I was a little puzzled by the introduction to the amendment of the noble Lord...

Archbishop of Canterbury | 749 c1438 (Link to this contribution)

My Lords, I add my support to what the noble Lord, Lord Eatwell, said in specifying these particu...

Lord Newby | 749 cc1438-9 (Link to this contribution)

My Lords, the purpose of the amendment is to require the Treasury to undertake a review of the co...

Lord Phillips of Sudbury | 749 c1439 (Link to this contribution)

I thank the Minister for what he said. I am particularly pleased to hear him say that he will tak...

Lord Eatwell | 749 c1440 (Link to this contribution)

Moved by

Lord Eatwell

165: Before Clause 114, insert the following new Clause—

...

Lord Eatwell | 749 cc1440-2 (Link to this contribution)

My Lords, as noble Lords will see on the Marshalled List, Amendment 165 would insert a new clause...

Lord Phillips of Sudbury | 749 c1442 (Link to this contribution)

Before the noble Lord sits down, why does he not propose extending his fiduciary liability to all...

Lord Eatwell | 749 c1442 (Link to this contribution)

That is because I think the distinction between commercial banking and investment banking is rele...

Lord Sharkey | 749 c1442 (Link to this contribution)

Before the noble Lord sits down again, I ask for a brief clarification. Ring-fenced banks may wel...

Lord Eatwell | 749 c1442 (Link to this contribution)

I am very grateful to the noble Lord for his comments. I had overlooked that point. Once the Hous...

Baroness O'Neill of Bengarve | 749 c1442 (Link to this contribution)

My Lords, before the noble Lord sits down again, I offer another friendly thought—I hope. I have ...

Lord Eatwell | 749 c1442 (Link to this contribution)

I am grateful to the noble Baroness. I am sure that her suggestion and, indeed, the example of th...

Lord James of Blackheath | 749 cc1443-4 (Link to this contribution)

My Lords, I have a reputation for introducing sidetrack issues which distract the House. However,...

Lord Eatwell | 749 c1444 (Link to this contribution)

I should point out to the noble Lord that the case he has described would come, under the terms o...

Baroness Cohen of Pimlico | 749 cc1444-5 (Link to this contribution)

My Lords, as a lawyer I have always believed that I have a contract with my bank, inasmuch as it ...

Lord Flight | 749 c1445 (Link to this contribution)

My Lords, I simply add that there is surely a strong duty of care to the depositors, whose money ...

Lord Newby | 749 cc1445-6 (Link to this contribution)

My Lords, I am sorry that when we discussed this amendment on a previous occasion, the Government...

Lord Eatwell | 749 cc1446-7 (Link to this contribution)

My Lords, I regret that the Government seem to have learnt nothing since Committee stage. We have...

Lord Newby | 749 c1447 (Link to this contribution)

Moved by

Lord Newby

166: Schedule 8, page 157, leave out lines 11 to 14

Lord Newby | 749 cc1447-1451 (Link to this contribution)

My Lords, in Committee, the Government proposed that the FCA should be given competition powers, ...

Lord Newby | 749 c1451 (Link to this contribution)

Moved by

Lord Newby

167: Schedule 8, page 157, line 26, leave out “financial sector a...

Lord Eatwell | 749 c1451 (Link to this contribution)

Moved by

Lord Eatwell

172: After Clause 116, insert the following new Clause—

“...

Lord Eatwell | 749 cc1451-2 (Link to this contribution)

My Lords, Amendment 172 derives from, and is a response to, an amendment that the Government succ...

Lord Newby | 749 c1452 (Link to this contribution)

My Lords, this amendment concerns the important issue of consumer representation at the PRA and r...

Lord Eatwell | 749 c1452 (Link to this contribution)

There I was with my notes saying how inadequate the noble Lord’s answer was going to be. I am del...

Lord Newby | 749 c1453 (Link to this contribution)

Moved by

Lord Newby

173: Clause 117, page 92, line 14, at end insert—

“(2) In s...

Lord Newby | 749 c1453 (Link to this contribution)

Moved by

Lord Newby

174: Clause 118, page 92, line 21, leave out from “(e)”,” to end ...

Archbishop of Canterbury | 749 c1453 (Link to this contribution)

Moved by

The Archbishop of Canterbury

175: Before Clause 119, insert the following ne...

Archbishop of Canterbury | 749 cc1453-4 (Link to this contribution)

My Lords, this amendment stands in my name and in the names of the noble Lords, Lord Turnbull, Lo...

Lord Eatwell | 749 cc1454-5 (Link to this contribution)

My Lords, I support the sentiments expressed by the most reverend Primate, in particular in point...

Lord Lawson of Blaby | 749 c1455 (Link to this contribution)

My Lords, I support strongly what the most reverend Primate the Archbishop of Canterbury and the ...

Lord Deighton | 749 cc1455-8 (Link to this contribution)

My Lords, the amendment would require the Government to make an order giving the FPC a power to d...

Archbishop of Canterbury | 749 c1457 (Link to this contribution)

I am very grateful to the Minister for such an extremely technical answer and I beg leave to with...

Lord Turnbull | 749 cc1457-9 (Link to this contribution)

Moved by

Lord Turnbull

176: After Clause 119, insert the following new Clause—

...

Lord Turnbull | 749 c1459 (Link to this contribution)

My Lords, this amendment repeats an amendment tabled in Committee, the aim of which was to delete...

Lord Deighton | 749 c1459 (Link to this contribution)

My Lords, I confirm the observation of the noble Lord, Lord Turnbull, that it is of course not ou...

Lord Flight | 749 c1459 (Link to this contribution)

My Lords, I have one issue to raise with the Minister. The competitive objective, as I understand...

Lord Deighton | 749 c1460 (Link to this contribution)

I shall look into that for my noble friend.

Lord Turnbull | 749 c1460 (Link to this contribution)

In tabling amendments, there are a number of objectives. The first is to get an amendment accepte...

Lord Turnbull | 749 cc1460-1 (Link to this contribution)

Moved by

Lord Turnbull

177: After Clause 119, insert the following new Clause—

...

Lord Turnbull | 749 cc1461-2 (Link to this contribution)

This amendment is about the future structure of the Regulatory Decisions Committee. This is avowe...

Lord Eatwell | 749 cc1462-3 (Link to this contribution)

My Lords, I was a member of the original regulatory decisions committee at the Financial Services...

Lord Deighton | 749 c1463 (Link to this contribution)

In the spirit of the noble Lord’s approach, which was to move on from the specific amendment, I w...

Lord Turnbull | 749 c1463 (Link to this contribution)

On the basis of that quite generous assurance, I am very happy to withdraw the amendment.

Lord Lawson of Blaby | 749 cc1463-4 (Link to this contribution)

Moved by

Lord Lawson of Blaby

180: After Clause 120, insert the following new Clause—...

Lord Lawson of Blaby | 749 cc1464-5 (Link to this contribution)

I will try to be brief; I hope that the Government can readily accept this. This amendment concer...

Lord McFall of Alcluith | 749 c1465 (Link to this contribution)

My Lords, as a fellow member of the Parliamentary Commission on Banking Standards, I support the ...

Lord Eatwell | 749 cc1465-6 (Link to this contribution)

My Lords, I add the support of these Benches for the commissioners’ amendment. I was particularly...

Lord Deighton | 749 cc1466-7 (Link to this contribution)

My Lords, we are considering a proposal to mandate the regulators to meet the auditors of all the...

Lord Lawson of Blaby | 749 c1467 (Link to this contribution)

For clarification, if my noble friend reads the amendment, he will see that it does not say that ...

Lord Deighton | 749 c1467 (Link to this contribution)

I was just getting to that. The Government believe that there is a superior approach to strengthe...

Lord Higgins | 749 c1467 (Link to this contribution)

Before my noble friend sits down, can we be absolutely clear what he is saying? He is saying that...

Lord Lawson of Blaby | 749 c1467 (Link to this contribution)

In answer to the useful point of clarification by my noble friend Lord Higgins, will this measure...

Lord Lawson of Blaby | 749 c1467 (Link to this contribution)

Given that undertaking, for which I am extremely grateful, I beg leave to withdraw the amendment....

Lord Lawson of Blaby | 749 cc1467-8 (Link to this contribution)

Moved by

Lord Lawson of Blaby

181: After Clause 120, insert the following new Clause—...

Lord Lawson of Blaby | 749 cc1468-1470 (Link to this contribution)

This is one of the most important matters that we will have to decide, not merely to make the ban...

Lord Lucas | 749 c1470 (Link to this contribution)

My Lords, I am interested in a side effect of this amendment. I hope that it may result in us tak...

Baroness Cohen of Pimlico | 749 c1470 (Link to this contribution)

I support the amendment. Most of what we are legislating to do is prevent banks doing terrible th...

Lord Hamilton of Epsom | 749 c1470 (Link to this contribution)

I, too, support the amendment. The problem that we have in the City today is that everything is m...

Lord Deighton | 749 cc1470-2 (Link to this contribution)

My Lords, the PCBS did express concern, very understandably, despite the fact that proprietary tr...

Lord Lawson of Blaby | 749 c1472 (Link to this contribution)

I am grateful that my noble friend said that he would come forward with something at Third Readin...

Lord Turnbull | 749 cc1472-3 (Link to this contribution)

Moved by

Lord Turnbull

182: After Clause 120, insert the following new Clause—

...

Lord Turnbull | 749 c1473 (Link to this contribution)

I shall speak also to Amendment 183. This is about whether there should be a statutory basis for ...

Lord Newby | 749 c1473 (Link to this contribution)

My Lords, I am extremely pleased that my letter has at least partially satisfied the noble Lord. ...

Lord Turnbull | 749 c1473 (Link to this contribution)

On the basis of that assurance, I am indeed content to beg leave to withdraw the amendment.

Lord Turnbull | 749 cc1473-4 (Link to this contribution)

Moved by

Lord Turnbull

184: After Clause 120, insert the following new Clause—

...

Lord Turnbull | 749 c1474 (Link to this contribution)

This amendment concerns the concept of special measures. We were again told, as we often have bee...

Lord Newby | 749 c1474 (Link to this contribution)

My Lords, I think that this is now having the appearance of a Christmas box, in that the noble Lo...

Lord Lawson of Blaby | 749 c1475 (Link to this contribution)

My Lords, I am very grateful regarding a number of issues. The Government have said that they are...

Lord Newby | 749 c1475 (Link to this contribution)

My Lords, I understand the point being made by the noble Lord. I am not sure at this point, witho...

Lord Turnbull | 749 c1475 (Link to this contribution)

It is indeed a PRA policy statement that I am after. I am trying to establish a regime in which t...

Lord Newby | 749 cc1475-6 (Link to this contribution)

Moved by

Lord Newby

185: Before Clause 121, insert the following new Clause—

“P...

Lord Newby | 749 cc1476-8 (Link to this contribution)

My Lords, Amendments 185 to 189, 191 to 194 and 197 to 198 are government amendments on claims ma...

Baroness Hayter of Kentish Town | 749 c1478 (Link to this contribution)

My Lords, first, I welcome the government amendments within this group. As the Minister said, thi...

Lord Newby | 749 c1479 (Link to this contribution)

My Lords, if we can do it at Third Reading, we will. I am advised that there are a number of tech...

Lord Deighton | 749 c1479 (Link to this contribution)

Moved by

Lord Deighton

186: Before Clause 122, insert the following new Clause—

Lord Deighton | 749 c1479 (Link to this contribution)

Moved by

Lord Deighton

187: Clause 122, page 94, line 9, leave out subsection (1)

...
Lord Deighton | 749 c1479 (Link to this contribution)

Moved by

Lord Deighton

188: Clause 124, page 95, line 7, after “Treasury” insert “or ...

Lord Brennan | 749 c1479 (Link to this contribution)

Moved by

Lord Brennan

190: Clause 124, page 95, line 13, leave out paragraph (b)

Lord Brennan | 749 cc1479-1481 (Link to this contribution)

My Lords, this amendment raises an issue of parliamentary importance well beyond the scope of the...

Lord Eatwell | 749 c1480 (Link to this contribution)

My Lords, I support my noble friend Lord Brennan in his attempt to remove subsection (2)(b) from ...

Lord Newby | 749 cc1480-2 (Link to this contribution)

My Lords, I understand the concerns expressed by the noble Lord, Lord Brennan, and I assure him a...

Lord Brennan | 749 c1482 (Link to this contribution)

Will the Minister clarify, first, his reference to the Delegated Powers and Regulatory Reform Com...

Lord Newby | 749 c1482 (Link to this contribution)

I thank the noble Lord for that question. It is the normal practice of the Delegated Powers and R...

Lord Brennan | 749 c1482 (Link to this contribution)

Would it be possible for the Minister to confirm that because I asked specifically in the Printed...

Lord Newby | 749 c1482 (Link to this contribution)

I will absolutely confirm that, and I will write to the noble Lord on the second point, which I p...

Lord Deighton | 749 c1483 (Link to this contribution)

Moved by

Lord Deighton

191: Clause 125, page 95, line 18, after “Treasury” insert “or...

Lord Deighton | 749 c1483 (Link to this contribution)

Moved by

Lord Deighton

193: Clause 126, page 95, line 28, after “Britain)” insert “an...

Lord Deighton | 749 c1483 (Link to this contribution)

Moved by

Lord Deighton

194: Clause 127, page 95, line 33, at end insert—

“( ) S...

Lord Deighton | 749 c1483 (Link to this contribution)

Moved by

Lord Deighton

197:In the Title, line 6, after “subsidiaries;” insert “to mak...

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