Financial Services and Markets Bill [HL]

Baroness Donaghy Excerpts

Committee stage
Wednesday 1st July 2026 Grand Committee

[Baroness Lawlor (Con)]

My Lords, I have added my name to Amendments 133 and 135, in the name of my noble friend Lord Bridges, and I shall say a few words about them. I have also tabled Amendment 135A, which amends Amendment 135.

Two of the questions raised by the Bill are how will the regulators operate, make, impose and judge the rules and how will Parliament’s proper role in the legislative process be ensured? In some cases, not only do we not know what we are supposed to be legislating on, as the Committee has discussed, but we do not know the basis on which the regulators will, in practice, be held to account. Indeed, as matters stand, the arrangements and the deployment of powers is not known, or not entirely, in many cases.

The amendments tabled by my noble friend Lord Bridges and supported by my noble friend Lady Noakes and the noble Baroness, Lady Bowles, to which I have added my name, would establish an office for financial regulatory accountability, which would have the specific duty of examining and reporting on the performance of the FCA and the PRA and how they perform on specific measures, would provide some of the essential answers. The office would assess how far the regulators meet their statutory objectives and principles under FSMA 2000 and, importantly, the effect of specific pieces of regulation. We need to know the impact of these regulations on the domestic development of the financial services and the market, as well as the impact internationally, and we need to know the costs and burdens of compliance. Amendment 135 contains very specific duties, and I think they have been very well thought out. I hope the Minister will take them into account and consider why we need this office, which will be independent of the process of regulation. It will be independent of Parliament, not just of the regulators, and it will help Parliament to do what it ought to do as the legislature.

My Amendment 135A would include in these independent reports examples of how the rules have been implemented and applied to different firms, including similar firms doing the same kind of activity, because we do not have an independent analysis of those rules and regulations, the process or the compliance. Very often, small businesses are at sea; they cannot look to Parliament because we do not have the basis for assessing them, they cannot look to our reports, and they cannot necessarily look to the regulators. They tell me about this and quite often explain that they are not sure. They want to take a step to grow their business, perhaps to develop some new instrument or to expand their market, but they are not quite sure how the regulators will treat it. They have no example of how these things have been seen in the past or of how the rules have been applied.

Requiring an independent office for financial regulatory accountability to provide some examples will help not only Parliament but businesses in being competitive and growing their businesses. They will see the precedents and be able to predict much more easily how the system operates. It is not an expensive way in which to make judgments. They do not have to get in expensive consultants or do little trials here and there and pilots. They would give security in knowing where the boundaries are set and judged and whether they are consistent with the opportunities they need to seize if they are to make their businesses grow.

Above all, such an office reporting and assessing these duties would encourage the regulators to be consistent and predictable and to focus on their statutory objects. As the Bill aims to focus on the competitiveness and growth objective—we have talked a lot about reporting requirements and the overall strategic plan—there is a problematic lack of transparency and accountability by the regulators, other than to the Treasury, and that relationship sometimes seems a little too cosy.

The amendments tabled by my noble friend Lord Bridges would promote an affective mechanism to ensure that we have objective, transparent and impartial evidence externally provided by an independent body. I support them for that reason but add my small amendment so we have greater transparency in how they are applied.

[Baroness Donaghy (Lab)]

My Lords, I do not want to get involved in the mechanics of the group in how we get this independent scrutiny, but I want to emphasise that it is important. We would welcome a discussion with the Minister about how it is done. We have had various inquiries over the past two and a half years, and I would ask the federations and organisations whether they thought having a concierge service would be useful to overcome some of the difficulties that the noble Baroness, Lady Lawlor, has outlined, especially to help the new boys on the block and the smaller companies to find their way around the complex barriers that they have to face. It seemed to be quite a popular suggestion, but nothing ever came of it.

The example was used was the Singapore settlement, although I am wary of international comparisons, and it is right not to follow too much because they are different, but it has a kind of concierge service to help new companies. Where we have a difficulty—I am thinking back on the history of the relationship between Governments and regulators—is that regulators are subject to political pressures. You might not agree, but that is the fact and the real politics. When things go bad, the regulator will be blamed, so they are cautious. Their very nature makes them cautious because they do not want to be the ones that go on holiday and get the sack because something has gone badly wrong. We need protections for the methodology that the regulator uses. I have to say that the cost-benefit analysis panels are on the nursery slopes. I was rude about them last week, as the Minister knows, and I do not want to be rude again, but they need nurturing. The work that they could do will be really good if they are given more clarity on their possible role so that they cannot be fobbed off by the regulator. I am not suggesting the regulator will fob them off, but there would be a tendency to stick to the law and not go beyond that.

I feel that we need to build this into a system not just because we want to protect the existence of a committee that we think is important, although I do, but because parliamentary scrutiny is important, and we sometimes search for the objective facts and figures, the granularity of why a regulator does something or neglects to do something and to what extent political pressures are involved. I know that no system, even the system that the noble Lord, Lord Bridges, has asked for, will ever get to the bottom of some of that—we are not naive—but I believe we need more transparency and, yes, less complexity, but we need a system that has more checks and balances. I think a lot in this legislation is going the wrong way and what we need to do is carefully assess what is working well, what needs to be nurtured in these very early days and what we need to be avoiding like the plague.

Steel Trade Measure

Baroness Donaghy Excerpts

Tuesday 30th June 2026 Lords Chamber

[Baroness Donaghy (Lab)]

My Lords, it seems to me that the announcement made today was essential. The Government would have come in for criticism had they not put forward such a Statement.

Is it consistent with the contents of the steel Bill, for which we have done the first day of Committee and are about to have day 2. I am assuming that everything that has been said today is consistent with the Bill that is going through. Clearly, there will have to be other announcements made as and when we see what is needed to support the industries. There must be some unknowns in all of this. If the Minister has any indication of when we might know the end of the passing of the steel Bill, that would be helpful.

[Lord Leong (Lab)]

I thank my noble friend for those points. First, let me say something about the Steel Industry (Nationalisation) Bill that is going through this House. That Bill gives us a framework to acquire any steel undertaking in the public interest. Once we do acquire, in the public interest, that aligns with our overall steel strategy, which is to support our domestic supply of steel. That is precisely what we are doing, to increase domestic supply, which is currently 30%, to as much as 50%.

Financial Services and Markets Bill [HL]

Baroness Donaghy Excerpts

Committee stage
Monday 29th June 2026 Grand Committee

[Baroness Donaghy (Lab)]

My Lords, I am tempted to say, “What she said” and sit down, but I want to emphasise the unanimity of the Committee on this crucial issue. Some of us think that the FCA has too much to do anyway. Some of us—probably fewer—think that successive Governments have used the regulators as a heat shield and that perhaps the balance has gone the wrong way.

Not to repeat the examples that have been given, the noble Baroness, Lady Kramer, mentioned the five-year strategic plan of the FCA. For some of us it was a glossy PR exercise. Examples have been given, naming and shaming. It took at least two meetings and several bits of correspondence before the FCA even hinted that it might have done it slightly differently had it given some consideration to what it did. In that case, you might argue that it was about a deregulatory issue, trying to hold companies to account. Our committee thought that it had gone too far.

One final example is the issue of cost-benefit analysis, which the Minister used on the first day in Committee. We tried very hard to pin down how the FCA conducted cost-benefit analysis and what was happening to the panels. We heard that they were work in progress. Had the panels met? No, they had not met. What approach did the organisation have to analysing cost-benefit analysis? I am sorry that the noble Lord, Lord Sharkey, is not here as he is the expert on the granularity of analysing cost-benefit analysis. It was a poor show. I am sure that it is working to improve, as it is improving in a number of other areas, but it is extremely important that the work of Parliament should not be inhibited by an attempt to tidy up regulation—which is in fact setting aside protections.

The Minister, on the first day in Committee, used the phrase “modernise protections”. I am sure that he meant to say, “Modernise the transparency, modernise the complexity and modernise the general approach so that people can understand them”. I hope that he did not mean “modernise protections” in the sense of setting them to one side.

[Lord Davies of Brixton (Lab)]

What she just said.

As the final representative of the committee in this Committee, I agree with what the other members of the Financial Services Regulation Committee have said. It is important. I remember sitting across the Room some years ago when the idea was being discussed. It is worth recalling that the original idea was, I think, a Joint Committee of both Houses but, for whatever reason, the Commons decided that it did not want to adopt that approach. I think there are rules about criticising what the other House does, but there is no doubt that the only effective manifestation of the belief that this sort of work is required has been the work of that committee. It is particularly important that we do not lose something that we achieved through cross-party agreement.

Stellantis Luton

Baroness Donaghy Excerpts

Thursday 28th November 2024 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

As I said, we will provide whatever support we can to the people affected. We are talking to Stellantis about how we can identify these individuals and what support they need, and we stand ready with the Department for Work and Pensions to provide accelerated support and help to them. I challenge the noble Baroness’s concern that we should step back from our progress on rolling out electric vehicles, which is part of our net-zero ambitions. I think everybody understands the need for us to meet our net-zero ambitions, which are very important for this country and our climate but also for delivering green jobs for the future.

As we set out in the manifesto, we will support the transition to electric vehicles by accelerating the rollout of, for example, charge points. That ambition was supported in the Budget and was confirmed with £200 million for an accelerated charge point rollout next year. We are working closely with industry stakeholders to promote positive messages around electric vehicles and improve consumer confidence in the public charging network, so there is a lot that we can do to carry on promoting the use of electric vehicles.

Those who have electric vehicles respond with a very positive view of their ownership, so they are popular when people purchase them; we just have to persuade people to make that transition when they purchase new vehicles. As I say, that is important for our climate change ambitions and for jobs in the future. We believe there will be more jobs in future based on the rollout of electric vehicles.

[Baroness Donaghy (Lab)]

I thank my noble friend the Minister for the Statement. This must go down as one of the more difficult jobs that any Minister has to do in any circumstances, so I thank her for the clarity of her replies so far.

My sympathies go to the families of the direct and indirect workers, the shopkeepers and all those members of the community who are always affected by these closures or proposed closures. As I come from a family where most of them worked in manufacturing, we have had that experience. That was in the Midlands, not Luton.

This all brought to mind my noble friend the late Lord McKenzie of Luton, the amount of work that he did to improve the prosperity of Luton and how he would be feeling today and fighting for that community. Can my noble friend the Minister say a little more about the efforts to find jobs and improve the prospects of transfer for those workers who are directly affected?

We know this is a global issue; there is no point in pretending otherwise. When some of us who were members of the EU Internal Market Sub-Committee and then the EU Services Sub-Committee visited various research plants, they showed us the exciting developments that were taking place in car manufacturing. If only we were a bit quicker at developing research into practical production. That is a failure that this country has experienced for a long time. The work and the knowledge are there, and the Minister has indicated that we are further supporting that research. Will she confirm that? There was an implication by the Opposition Front Bench spokesperson that Stellantis was abandoning production. Can she confirm that Stellantis is developing production at Ellesmere Port and that it has not abandoned manufacturing in this country?

One issue where politics and government come in is in the provision of consistency. One of the difficulties that manufacturing has had over the years is that Governments do not provide consistency and long-term objectives. Can my noble friend the Minister assure the House that there will be consistent government policies rather than chopping and changing, so that industry and manufacturers know where they stand for years to come?

[Baroness Jones of Whitchurch (Lab)]

My noble friend rightly reminds us of the fantastic contribution that Lord McKenzie made to this House. I am sorry that he might be looking down and hearing these messages from us, because I know how passionate he was about his town.

My noble friend makes a point about consistent policies. We have learned over many years that industry responds to consistent policies and consistent targets, and it is important that we maintain that. That is why I made it clear that we are still pursuing, and are determined to deliver, our targets for net zero and the contribution that the rollout of electric vehicles will ultimately make to that. That is an important message. We are hearing from the automotive industry, among others, that it wants those consistent policies; as my noble friend says, it does not want us to chop and change, which is not helpful to anyone. The industry makes long-term investment decisions, and we have to support it in that.

On the jobs, the announcement from Stellantis has been relatively recent and we had hoped we would not have to hear that message from it, so we are still in active talks with it and are continuing to talk about the full implications of who will be affected. We will continue to work closely with it and the trade unions and the council on the next steps of its proposals. It is early days, but we are actively pursuing this issue and we take to heart the fact that we need to protect those workers and their future in whatever way we can.

My noble friend mentioned funding. I think I mentioned that we already committed in the Budget to a multiyear funding commitment to the automotive sector, with long-term funding of over £2 billion of capital and R&D funding to 2030 for zero-emission vehicle manufacturers and their supply chains, so we are putting in the money to support that investment. We have a proud history in all this of being at the forefront of R&D, and it is important that we capitalise on that R&D investment.

In the intermediate term, the Department for Work and Pensions is ready to support anyone affected by the decision. It has a rapid response service that is designed to support and advise both employers and their employees when faced with redundancies. Affected employees will be able to access our broad range of support, including universal credit and the new-style jobseekers’ allowance, as well as, perhaps more importantly, access to tools and support to find new jobs in the area. Our priority is to find those people new jobs in the sector.

Construction Sector: Cash Retentions

Baroness Donaghy Excerpts

Tuesday 10th September 2024 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

As the noble Lord has said, there have already been some changes made to this and we are following that up to introduce further changes. We will be addressing the value of payments and the level of invoices not paid because of disputes, but there is more work to be done on this and enforcement is obviously part of that. DBT has already written to 416 large companies not complying with the payment performance reporting requirements and 45% of firms written to have come into compliance. We have further follow-up action to make sure that those further transgressions are being addressed.

[Baroness Donaghy (Lab)]

My Lords, I often think of Lord O’Neill of Clackmannan, who was a great champion of this issue, and I pay tribute to the noble Lord, Lord Aberdare, for following in his footsteps. Does the Minister agree with me that the present proposals do not get rid of the plain abuse of power that happens in subcontracting and contracting in construction? Late payment leads to bankruptcies in small and middle-sized firms and is part of the difficulty across the whole of the construction industry that leads to cutting corners in safety—and we have seen the results of that over many years. Does she agree that Lord O’Neill and the noble Lord, Lord Aberdare, who have been fighting for this for years, have been looking for something a bit more concrete?

[Baroness Jones of Whitchurch (Lab)]

My Lords, as I have said, it is important that we seek the views of industry on any reforms. We will take further action and obviously we will welcome the views of Members of this House, as well as the construction industry, as part of that process. The noble Baroness and other noble Lords have talked about safety and we are acutely aware of the situation with the Grenfell Tower final report, which highlights the systemic failure of institutions and individuals to ensure building safety and the safety of construction products and materials. My honourable friend the Parliamentary Under-Secretary of State for Building Safety and Homelessness tabled a Written Statement on 2 September that commits the Government to a system-wide reform of the construction products regulatory regime. Those reforms will take account of the recommendations of the Grenfell Tower inquiry.

National Minimum Wage (Amendment) (No. 2) Regulations 2023

Baroness Donaghy Excerpts

Tuesday 14th November 2023 Grand Committee

[Baroness Donaghy (Lab)]

My Lords, I am not going to ask the Minister questions on the regulations, which I think are fine.

But the background to this is fascinating. I was a founder member of the Low Pay Commission 25 years ago, and the complexity of establishing the minimum wage was quite fantastic. I remember that, when the legislation was settled, we had some very indignant lobbying from the au pair association to say that we were basically killing off the ability to have au pairs. I have to say that it was not a prominent consideration for the original Low Pay Commission, although I am sure that that was neglect on our part. But there was certainly, to some extent, an anomaly. So when that exemption was established, it then of course created the difficulty about live-in domestic workers.

One priority of the Low Pay Commission was for situations when people had complete power over an individual. The then chair, Sir George Bain, who was formerly director of the London Business School and vice-chancellor of Queen’s University Belfast, used the word monopsony, which some of us had never heard of as individuals. But we became very expert on the subject of monopsony—basically the power of an employer to tell an employee what to do, and the employee feeling that they have no choice. Very often they were people such as agricultural workers in rural areas and piece workers in declining industries—but they were particularly domestic live-in workers. So for the Government to right this anomaly is very welcome.

There were all sorts of areas that we had to clarify when the minimum wage was established, not least whether London weighting was in or out, how you calculated piecework and how you dealt with the accommodation off-set. I remember going to visit a monastery down in Devon, where we were shown around, helping us to calculate what the importance of accommodation off-sets was. I also note overtime. All those complexities helped to set up what I think was a great social reform.

It is a credit to this Government that they kept it going; I honestly thought that they might go back on it when they got elected. I just wanted to give that little bit of background and say that this is not just a little regulation about a few people; this is quite an important issue, which is about that old principle of monopsony.