Financial Services Bill

Baroness Falkner of Margravine Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Thursday 28th January 2021 Lords Chamber

[Baroness Falkner of Margravine (CB) [V]]

My Lords, I start by congratulating the noble Lord, Lord Hammond of Runnymede, on his maiden speech today, and I look forward to the maiden speech of my noble friend Lady Shafik. I have a tenuous connection to both speakers today. I chaired the EU Financial Affairs Sub-Committee in the period when the noble Lord was Chancellor, providing him with the odd unhelpful report on the UK exit fee, or the dangers of losing passporting rights, for his late-night reading. I should alert him to the fact that four of us from that committee are speaking in this debate today. My noble friend Lady Shafik is the first female appointed as director of the London School of Economics, my alma mater, and a former deputy governor at the Bank of England, where I am a member of the Enforcement Decision Making Committee, an independent panel under the PRA. Given my interests declared vis-à-vis the PRA, I will keep my contributions on this Bill high level, and restricted to certain areas only.

In early 2018, the EU Financial Affairs Sub-Committee published a report on the future of financial services regulation and supervision post Brexit. I believe that this was the most comprehensive survey of the options available to the UK if—and at that point it was an if—the UK left the EU. On examining the provisions of this Bill, I am pleased to say that our analysis was pertinent, and several of our recommendations will now see the light of day as this legislation becomes law.

One of our considerations is indeed at the heart of this Bill—that of where powers and standard setting by EU bodies rightly reside now that the UK is responsible for its own regulation. We concluded that our regulators were well regarded internationally and, despite some concerns expressed by noble Lords today, which I accept, the United Kingdom’s financial services sector is still regarded as number two globally, having been replaced in the number one slot by New York. It is leagues ahead of any other continental centre. This is relevant not out of some nationalistic hubris but because the real jobs and revenue that it provides are really important across the country.

Until last year the UK’s regime derived its legislative base from EU law, but we found out that in reality those standards were actually framed upstream through the Financial Stability Board, Basel, IOSCO and other standards setters. It is at that level that we need to focus our energies now, confident that our technical expertise is highly valued, but we also need to build new relationships. I note that the five largest financial sectors behind New York and the City are in east Asia, and Zurich is the only one in the top 10 globally from continental Europe. So we have opportunities upstream in co-operating with those jurisdictions to establish fair and proportionate frameworks.

While I have confidence in our regulators, I want to add my voice to the need for accountability. Standards setting and underpinning legislation that is now passing to our regulators is highly technical, but that does not mean that parliamentary scrutiny is redundant. So I urge the Minister, through the usual channels, seriously to consider setting up a joint committee of both Houses to carry out ongoing scrutiny of the effectiveness of this type of legislation. The City, as I know, is not keen to be a low-tax, low-regulation haven for dodgy dealing; it wants to preserve its hard-earned recent reputation. Oversight by Parliament at a more technical level can only enhance this. So when the Minister tells us that further legislation will build on this omnibus Bill, I urge him to suggest to his political masters that there will inevitably be a democratic deficit unless we have a parliamentary mechanism to do the relevant scrutiny, not least of HMT, when the Treasury Select Committee in the other place simply cannot carry out that technical work.

My final point is about competitiveness. The post-Brexit UK will inevitably need to rethink its competitiveness as business investment becomes more challenging to attract. So I also urge the Minister to explain what reservations the Government have, if any, about establishing an international competitiveness duty for the regulators. We recommended this in our report, and I think that the Treasury can usefully incorporate it into its thinking on the future regulatory framework. I know that some see competitiveness as a race to the bottom. I ask them to think of one very current example: the pharmaceutical sector. Would anyone today, looking at our vaccination strategy and successes, think that having a state of the art and competitive pharmaceutical sector represents a race to the bottom—or is it a necessary tool in the global challenge to remain in the lead where we have the relevant skills?

I look forward to the detailed scrutiny that we will undertake on this Bill in the months ahead but, in the meantime, I look forward to hearing the Minister’s response.