(2 days, 8 hours ago)
Grand CommitteeMy Lords, the regulations before the Committee today will help ensure the effective operation of overseas recognition regimes. Specifically, they provide the Treasury with the powers needed to ensure that designations of individual jurisdictions are assessed and implemented in a manner that is compatible with our existing regulatory regime.
I will briefly set out the context in which these regulations are being introduced. The UK’s historic strength in global financial markets is built upon its international openness and reach. Our ability to provide unilateral recognition where the regulatory framework in an overseas jurisdiction provides for similar outcomes to the UK’s is an important tool to support cross-border financial services. Recognition can provide a range of regulatory benefits. These include enabling overseas firms to provide services directly into the UK, aligning requirements on UK-authorised firms whether they are engaging with UK or overseas markets or counterparties and providing regulatory relief by removing duplicative requirements on cross-border business.
Other jurisdictions also maintain provisions that allow them to recognise overseas regulatory frameworks. For example, the European Union maintains equivalence regimes; the United States makes comparability determinations in respect of other jurisdictions; and Australia operates a system that allows it to judge foreign regulatory regimes as sufficiently equivalent. These provisions promote consistent regulatory standards, provide the foundation for long-term regulatory co-operation between jurisdictions and support financial stability.
The regulations today were first published in draft form to coincide with the Chancellor’s Mansion House speech in July, alongside a guidance document that outlines the principles and processes governing overseas recognition regimes and a memorandum of understanding signed by the financial services regulators. As noble Lords will be aware, overseas recognition regimes are a new approach through which the UK will recognise overseas jurisdictions’ financial services regulation and supervision. The regulations support the effective operation of these regimes, specifically in relation to the designation of individual jurisdictions. They will ensure that designations are assessed and implemented in a manner that is compatible with our existing regulatory regime and thereby safeguard financial stability, market integrity, consumer protection and competition.
I turn to how the regulations will work in practice. They have three main functions. The first is in relation to information and advice. The decision to designate an overseas jurisdiction is taken by Treasury Ministers on the basis of an assessment undertaken by officials with technical advice from our expert regulators and made by statutory instrument laid before Parliament. The regulations give the Treasury the power to request information and advice from the Bank of England, the Prudential Regulation Authority and the Financial Conduct Authority as part of the process of assessing and then designating an overseas jurisdiction. A memorandum of understanding is established between the Treasury and the UK financial services regulators in accordance with these regulations.
The second function relates to conditions. The regulations give the Treasury the power to impose conditions on the application of an overseas recognition regime designation. These conditions are specific changes to the effect of a designation, for example, limiting the effect to a given size of firm, so ensuring that we are able to support cross-border financial services while addressing any areas of risk. This change will help to maintain consistency with the regulatory and supervisory standards that we expect in our markets.
The third function is to make amendments to two existing overseas recognition regimes. The Government previously established two overseas recognition regimes covering insurance and short selling under the powers afforded by the Financial Services and Markets Act 2023. No new designations have been made under either of these two new regimes, meaning that, as yet, there has been no need to use the powers in the regulations we are introducing today. The amendments to these regimes are simply to make the definition of “overseas jurisdiction” consistent across all overseas recognition regimes, including those already introduced, ensuring that there is a single approach across financial services regulation that is easily understood by firms and our international partners.
These regulations are clearly defined and limited in scope. Their sole purpose is to provide the Treasury with the powers needed to ensure that designations of individual jurisdictions are assessed and implemented in a manner that is compatible with our existing regulatory regime. They will ensure that we can operate overseas recognition regimes effectively and thereby support the global competitiveness of the UK’s financial sector, facilitate cross-border financial services and provide a consistent approach across financial services legislation. I beg to move.
My Lords, I fully understand that this statutory instrument updates the basis on which the UK grants equivalence to the financial law and market practice of overseas jurisdictions. The Treasury obviously needs the powers to designate, limit or revoke equivalence. I am rather bemused that the Treasury seems to need new powers to get advice and information from the relevant regulators, but so be it, if that has previously been omitted.
However, I have some sense of caution around all this. As I read the Treasury’s guidance document, it seemed very weighted to change the decision-making process away from looking at the appropriateness of rules and regulations in overseas jurisdictions through the lens of whether they could contribute to financial instability in the relationship generated in the UK and much more towards whether they are compatible with the Government’s policy outcomes.
(2 days, 8 hours ago)
Lords ChamberI am grateful to my noble friend for his question. HMRC has taken a range of steps to ensure that the adoption costs of Making Tax Digital are kept to a minimum, including working with industry to ensure that there is free and low-cost software available where necessary. The use of Making Tax Digital should bring significant benefits by increasing accuracy, reducing the time it takes to complete tax returns, and therefore increasing productivity. The rollout of Making Tax Digital encourages taxpayers to adopt digital solutions. For example, of those businesses already using Making Tax Digital for VAT, one-third have used the software for other business processes. More broadly, the Government are actively promoting digital technology adoption for small businesses, which is key to unlocking productivity and growth, and helping firms reduce administrative burdens. In our small business plan, we accepted all 10 recommendations from the industry-led Digital Adoption Taskforce.
My Lords, Making Tax Digital is not targeted at upskilling self-employed people and landlords; it is about cutting costs at HMRC. The requirements have led to a surge in calls to HMRC for guidance, but over half a million calls went unhandled in January, and the same in February, the last months for which I have numbers. How is this being handled, given that people who fail to comply face steep fines and penalties, and that when they rely on the internet they are at risk of being scammed?
If I may, I disagree with the premise of the noble Baroness’s question. Making Tax Digital is about increasing productivity for businesses and helping HMRC close the tax gap, which I am sure the noble Baroness would agree should be a priority. There are clear benefits of Making Tax Digital, such as productivity gains to improve business operations, easier and faster tax returns by promoting digital record-keeping, and greater accuracy by reducing errors for tracking paper records. There is a substantial tax gap, and Making Tax Digital will reduce that by nearly £6 billion—some £4 billion for VAT and £1.95 billion for income tax. By doing that, and enabling HMRC to have the correct resources, it is able to direct resources where they are most needed, which addresses the point the noble Baroness was making.
(1 week, 3 days ago)
Lords ChamberI am grateful to my noble friend for his thoughts on that matter. I do not necessarily agree with him about private equity’s role in pension funds. It has an extremely important role in investing in the infrastructure and fast-growing companies that we want to see so that the UK economy can unlock that kind of investment. As for its inclusion in the Mansion House accord, he will be aware that this is an industry agreement and that the Government are not participants in it.
My Lords, I speak in support of the noble Baroness, Lady Altmann, on this issue. On the face of it, it looks as though the Bill is embodying discrimination against listed investment companies because they focus very much on smaller infrastructure projects—it is one of their appeals to many investors, particularly to local authorities. The language favours long-term asset funds, which focus on megaprojects and are typically owned by the large megacompanies in the pension industry which benefit from the fees that are generated. Is this not a case where the industry is persuading the Government to discriminate in favour of a route that it sees as more profitable for itself and not necessarily as the right route for the country?
I am grateful to the noble Baroness and pay tribute to her for her expertise in this matter and her continued campaigning. As I have said before, the Mansion House accord is an industry-led agreement. The Government are not participants in it. The proposed backstop powers in the legislation that she refers to are not intended to be open-ended but are designed to be capable of being a backstop to the commitments that pension companies themselves have made through the Mansion House accord. It makes sense for those powers to align with the commitments that have been included by the companies and the industry itself. Nevertheless, as I have said already, I am grateful for constructive engagement on this issue. As we take the Bill through Parliament, representations like the ones the noble Baroness has just made, and those of the wider sector, will be considered alongside our broader policy objectives.
(2 weeks, 3 days ago)
Lords ChamberI am grateful to the noble Lord for his question. I am happy to reconfirm that; our commitment to the fiscal rules is non-negotiable. The Government have a clear plan in place to put the public finances on a sustainable path and prioritise investment to support long-term growth. At the Spring Statement, the OBR forecast that borrowing would fall in every single year of the forecast, from 4.8% of GDP to 2.1% of GDP in 2029-30.
The noble Lord also said it is important that our economic policy does not stand out from our peers. One area in which we did stand out when this Government came to office was in historically low levels of investment in our economy, which constrained growth. We had the lowest levels of investment in the G7, which is something that our fiscal rules seek to rectify.
My Lords, there is a global glut of sovereign debt as Governments across the globe keep borrowing, but among the G7 it is the UK that has had to raise its yields the most. To aggravate our situation, the wind-down of defined benefit pension schemes leaves us dependent on volatile domestic retail and overseas buyers. What is the Government’s immediate strategy to bring down yields and, more fundamentally, build a sustainable gilts market—and would sterling stablecoin contribute to this?
I am grateful to the noble Baroness for her question. As I have said, recent gilt yields have risen in line with global peers, mainly driven by global factors. Recent gilt market moves have been orderly; the gilt market is deep and liquid, with a good track record in responding smoothly to volatility in levels of gilt supply. Underlying demand for the UK’s debt remains strong, with a well-diversified investor base. It is most important that I stress that our commitment to the fiscal rules is non-negotiable and we have put the public finances on a sustainable path.
(1 month, 3 weeks ago)
Lords ChamberMy Lords, I spent two years on the Parliamentary Commission on Banking Standards following the 2008 crash. We were all aware that the financial sector and the City would, over time, work hard to erode the protections that we recommended to prevent a repeat of financial instability, casino-type risk-taking and consumer abuse. The financial sector plays a long game. Inch by inch the erosion is well under way, while the Government are seen as eager for nominal growth and too eager to resist that erosion.
Let me give a short list on the erosion: the competitiveness and growth objective for regulators; the changing to matching adjustment in Solvency UK, increasing the illiquidity of the insurance sector; the removal of the cap on bankers’ bonuses; the permanent permission for pension funds to transact derivatives without using central counterparties and holding margin collateral; the watering down of the senior managers regime, which is key to accountability; the weakening of the Financial Ombudsman; the pressure on pension funds to invest in high-risk and illiquid assets; and the weakening of bank ring-fencing, which was absolutely at the heart of the commission’s recommendations, removing that incentive to take free deposits and roll them in the casino. That list is just what springs immediately to mind. It is far from complete.
Regulation cannot be written in stone, and adjustment and streamlining are always necessary, but will the Government now issue a compendium of all the changes, along with a proper assessment of the cumulative shift in risk? I mean changes by not just the Government but the various regulators. Parliament will then be in a position to make a proper judgment.
The financial sector has approved this move back towards what it sees as a return to the light-touch regime, a regime that made it very rich. But remember that when the inevitable crash came, leading financiers were pretty much untouched. Ordinary people bore the brunt. It is crucial that this is not repeated.
My Lords, I am very grateful to the noble Baronesses, Lady Neville-Rolfe and Lady Kramer, for their questions and comments. I will do my best to address all the points they raised.
The noble Baroness, Lady Neville-Rolfe, spoke about the economy in general. She will be aware that we have had to take very difficult decisions on the economy to generate the stability that we all want to see—not least to restore stability to the public finances in the Budget last October. The stability that we have restored is already delivering. We have seen four cuts in interest rates by the Bank of England since the general election, reducing the cost of mortgages and business lending. Real wages have risen more in the first 10 months of this Labour Government than in the first 10 years of the previous Conservative Government. Investment is returning to our economy. At the spending review, the Chancellor set out £120 billion of additional public investment. The IMF has long identified the insufficient amount of investment in our public sector as a barrier to growth. The UK has attracted £120 billion of private sector investment in just the last 12 months.
The noble Baroness mentioned recent growth figures. Those growth figures were disappointing, but we are determined to go ever further and faster to deliver on our growth promise. That is why we are doing all the reforms that we have embarked on—not least the spending review and increased investment. We have increased investment in better city region transport, have committed record funding for affordable homes and are backing major infrastructure projects such as Sizewell C. We are investing in the parts of the economy that genuinely will be growth generative.
The noble Baroness also talked about the importance of financial services to the economy. The financial services sector is critical to our growth ambitions for our country. It is one of the largest and most productive sectors in the UK, worth around 9% of total economic output, as she said, employing 1.2 million people in clusters right across the UK. London is the financial centre of the world, home to the deepest equity capital market in Europe and the third-biggest venture capital market globally. It is right that we support the sector as we have in the strategy that we have set out, to see the growth that we want to see and for that growth to feed through to the real economy.
I am grateful to the noble Baroness, Lady Neville-Rolfe, for welcoming what we have said about the rebalancing between risk, growth and competitiveness. The noble Baroness, Lady Kramer, struck a very different tone. I know that she has huge expertise in this. I do not for a second intend to in any way doubt her expertise. I know that she played a huge role post financial crisis in putting together much of the architecture that is in place. I disagree, though, with the way in which she characterised our reforms. She asked for a compendium of those reforms. The financial services growth and competitive strategy is the compendium of those reforms. I think that what have been called the Leeds reforms are the totality of the reforms that she identified.
We are not removing the regulatory architecture that was put in place and that she played a major role in after the global financial crisis. As the Chancellor has specifically said:
“The protections that were put in place … were the right thing to do, with better protections for consumers and more accountability injected into the system”.
The core elements of that—adherence to international standards, ensuring robust MREL, remaining committed to ring-fencing, which we do despite what the noble Baroness said, and the structure to the regulatory system—all remain in place. But we believe that the pendulum swung too far in the opposite direction. The balance of regulation has gone too far towards regulating for risk and not enough towards regulating for growth. Clearly, this is a highly competitive sector, and no other globally competitive financial services hub imposes such bureaucracy on its businesses. Neither should we if we want to be competitive.
So, absolutely, we are recalibrating. We are rebalancing the approach to risk so that it is more proportionate and so that, in the right places, consumers and industry can take informed risk and create the space for the innovation and growth in the sector that we want to see.
The noble Baroness, Lady Neville-Rolfe, mentioned the Financial Services Regulation Committee of this House and the fact that it identified many of the issues that have been addressed in this strategy. Obviously, I pay tribute to that committee and the work it has done. I look forward to debating its report in due course. That points to a degree of cross-party consensus in some of the challenges we face and want to address. She specifically mentioned financial education, for example, which was one of the key recommendations made in that report. I hope we can find consensus on the importance of that, if nothing else.
As the noble Baroness said, we need to build confidence for retail investment among the general public on a platform of greater education. As part of the Leeds reforms, we are looking to take forward a series of measures to give consumers the confidence to invest, so that they can grow their savings and access the long-term benefits that investing can bring.
There are three specific measures for that. The first is a new targeted support framework, enabling people to access the help they need to make the right financial decisions. The second is a cross-industry initiative to reframe how firms talk about investing, so that they talk about the growth benefits and not just the risk and warning people off. The third is an industry-led, multiyear advertising campaign to showcase some of the benefits of investing for the general public.
As the noble Baroness, Lady Neville-Rolfe, said, that of course has to come on the basis of greater financial education. We discussed this previously and I have looked into it. Financial education does form part of the school curriculum in all UK nations. In England, financial education forms a compulsory part of the curriculum for mathematics at key stages 1 to 4, and citizenship at key stages 3 and 4. Together, they cover personal budgeting, saving for the future, financial risk, managing credit and debt, and calculating interest. But the noble Baroness is quite right that of course we should go further. The Government have established an independent curriculum and assessment review covering ages five to 18 in England. The review is considering whether the curriculum provides sufficient coverage of key knowledge and skills, including financial education, to prepare young people for future life and to thrive in a fast-changing world. The review’s final report and recommendations will be published in the autumn with the Government’s response.
On that note, the noble Baroness also asked about the timescale for a lot of what we have announced. Many of the reviews we have announced as part of these reforms will report in the autumn. At that point, we will see a lot of the things she spoke about coming to fruition.
The noble Baroness asked about ISAs. The Government will continue to talk to industry and others about the options for ISA reform. We recognise the potential for ISA reform to improve returns for savers and access to capital for UK businesses. Although there are differing views out there among stakeholders, we are all united in wanting better outcomes for savers and the UK economy.
Finally, the noble Baroness, Lady Neville-Rolfe, asked about pensions and quite rightly paid tribute to my noble friend Lady Drake, as I do too. I cannot think of anyone better equipped to take part in that review. Many of the questions she asked will be answered in phase 2 of the pensions review, so I shall wait until that is in place before commenting on the points she raised.
(2 months ago)
Lords ChamberI am grateful to the noble Lord for his question, and I should start by wishing him a very happy birthday. I have said what I have said on tax. I am not going to give a running commentary on the fiscal forecast, nor am I going to speculate on tax rises now. As I said, we will do things in the usual way. The Chancellor will ask the OBR to produce a new forecast in the autumn for the annual Budget and will take decisions on that based on that forecast.
My Lords, we understand that today at the Mansion House, the Chancellor will avoid the word “tax” and instead focus on pumping risk-taking into financial services as the mechanism for growth. The financial crash of 2008 was entirely generated by risk-taking, all of it legal, allowed by the regulation of the time, widely admired and never called to account. I can understand some streamlining of regulation, but since on every front, safeguards are being taken away slice by slice, will the Government now issue a summary of all the safeguards that both the Government and the regulators have discarded, so that we can assess whether or not we are repeating the past?
The noble Baroness is speculating on a speech that has not been delivered yet, so perhaps we should wait for the Mansion House speech this evening to see what my right honourable friend the Chancellor of Exchequer says in it. Absolutely, though, the Chancellor wants to see a greater rebalancing from risk to growth. I think that is absolutely right, but of course, we must make sure that we continue to regulate to avoid risk while we also maintain growth.
(2 months ago)
Lords ChamberMy Lords, I will row in behind the noble Lord, Lord Leigh, on this issue. Could we get a slightly more satisfactory answer on why it is taking so long to find a solution so that the UK can collect the VAT that is due on small items? Will the Minister remember not just that we need the money for tax revenue but that the lack of a level playing field disadvantages British companies in this arena, which find that their goods are displaced by imports because they are not paying VAT?
We fully recognise all the issues that the noble Baroness has set out, which is exactly why we established a review in April. That review will look at the online marketplace rules to establish whether they can be amended to remove opportunities for businesses to avoid their VAT obligations. All available options will be considered, and it will proceed in the way that we set out.
(2 months, 1 week ago)
Lords ChamberThe noble Lord is absolutely correct that there are financial consequences to the decisions that have been taken, but he will not be surprised to know that I will not speculate on the next Budget now. We will do things in the usual way. The Chancellor will ask the OBR to produce a new forecast in the autumn before the annual Budget and will take decisions based on that forecast. We will set out our fiscal plans at the Budget in the usual way.
My Lords, in all our discussions of tax and spend, we very rarely address the third pillar—the state of the gilts market. Was the Minister as taken aback as I was to read in the OBR report that, at the end of June, the UK tenure bond yield had the third-highest borrowing cost of any advanced economy except for New Zealand and Iceland? With the withdrawal of pension funds from demanding treasuries as we come to the end of defined benefit plans, there seems to be no plan in place to expand the investor base. The United States is using stablecoin to increase the appetite to take up US treasuries. This is essential, so are the UK Government pursuing any such strategies?
(2 months, 1 week ago)
Lords ChamberThe noble Baroness mentions many things. She mentions debt. Of course, the last Government doubled the national debt. There is one reason why we are where we are. It is because of the last Government losing control of the economy—something that this Government will not do. We will meet our fiscal rules at all times. I am not going to give a running commentary on those fiscal rules. Following the usual process, the Chancellor will ask the OBR to produce a new forecast in the autumn for the annual Budget, which will include an updated assessment of the Government’s performance against the fiscal rules. At that time, we will set out our fiscal plans in the usual way.
My Lords, the Government have constantly asserted that meeting the fiscal rules is non-negotiable. Will the Minister now reassure the House that protecting the NHS and social care is also non-negotiable, and rule out any cuts to those services as the Government try to balance the books? Will he also accept that raising employers’ NICs, especially on small businesses, is actually holding back growth? Will he look instead at what we recommended—raising taxes on the broadest shoulders of the social media giants, the gambling companies and the big banks—to consider some proper relief and support for those small businesses?
I normally try to agree with the noble Baroness, but that is one of the most extraordinary questions I have heard in these debates. She says that we should protect the NHS and then says that we should not have the main measure that is funding the NHS. If she wants the investment in the NHS, she has to stand up for the taxes that fund the NHS.
(2 months, 1 week ago)
Lords ChamberI am grateful to the noble Lord for his question. I know that he has been in touch with my colleague the Exchequer Secretary to the Treasury and has discussed having a meeting. I am sure that he will be in touch in due course.
My Lords, this is Whistleblowing Awareness Week. The Minister will know that HMRC, in its attempts to claw back large amounts of tax fraud, has announced a new scheme of rewards and incentives to bring whistleblowers into discussion with HMRC and to pursue fraudsters. However, there has been very little information about the structure around this, the mechanisms in place and the portals. Can he update us on what is meant to be the central pillar of the new attack on fraud?
No. I am grateful to the noble Baroness for making me aware of the awareness week. She says that this is the central pillar of our strategy; it is one of them. Most importantly, we are recruiting an additional 5,500 compliance officers, which is the central piece in what we are seeking to achieve. On updates, if there is anything further to say, I will be happy to write to her.