Asked by: Lord Sharkey (Liberal Democrat - Life peer)
Question to the HM Treasury:
To ask His Majesty's Government what, if any, statutory powers the Bank of England has to issue binding directions to (1) the Prudential Regulation Authority, (2) the Financial Conduct Authority, and (3) the Payment Systems Regulator; and on how many occasions in each year since 2007 they have been exercised.
Answered by Baroness Vere of Norbiton - Parliamentary Secretary (HM Treasury)
The Treasury has statutory powers to issue directions to the Bank of England, which can only be used under specific conditions or circumstances. None of the powers outlined below have ever been used.
The Bank of England also has powers to direct the Prudential Regulation Authority (PRA), Financial Conduct Authority (FCA) and Payment Systems Regulator (PSR).
Asked by: Lord Sharkey (Liberal Democrat - Life peer)
Question to the HM Treasury:
To ask His Majesty's Government what, if any, statutory powers they have to issue binding directions to the Bank of England; and on how many occasions in each year since 2007 they have been exercised.
Answered by Baroness Vere of Norbiton - Parliamentary Secretary (HM Treasury)
The Treasury has statutory powers to issue directions to the Bank of England, which can only be used under specific conditions or circumstances. None of the powers outlined below have ever been used.
The Bank of England also has powers to direct the Prudential Regulation Authority (PRA), Financial Conduct Authority (FCA) and Payment Systems Regulator (PSR).
Asked by: Lord Sharkey (Liberal Democrat - Life peer)
Question to the HM Treasury:
To ask His Majesty's Government what, if any, statutory powers they have to issue binding directions to (1) the Financial Conduct Authority, and (2) the Prudential Regulation Authority; and on how many occasions in each year since 2010 they have been exercised.
Answered by Baroness Vere of Norbiton - Parliamentary Secretary (HM Treasury)
The Treasury has a limited number of powers to direct the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA).
It has a power to direct the regulators to take an action if doing so is necessary to fulfil international obligations, or to refrain from action which appears incompatible with international obligations.
The Treasury also has powers of direction which are designed to promote the accountability and transparency of the FCA and PRA. These include the power to direct the regulators to:
These powers have not been used.
The Treasury has a power to direct the FCA and PRA to undertake an investigation of relevant events, where it is in the public interest, in certain circumstances. This power has been used twice: in 2018, to direct the PRA to review the events relating to the supervision of the Co-operative Bank, and in 2019, to direct the FCA to review the events relating to the failure of London Capital and Finance.
The Treasury does not have direction-making powers in relation to the FCA or the PRA regarding the content of their rules, or their approach to supervision and enforcement.
Asked by: Lord Sharkey (Liberal Democrat - Life peer)
Question to the HM Treasury:
To ask His Majesty's Government, further to the announcement of the Mansion House Reforms on 10 July, what progress they have made in recruiting further UK based defined-contribution pension schemes to the Mansion House Compact, beyond the initial nine members.
Answered by Baroness Penn - Minister on Leave (Parliamentary Under Secretary of State)
The Mansion House Compact is a voluntary and industry-led agreement that has been led by the Lord Mayor and the City of London Corporation. Updates on the Compact and signatories are provided by The City of London Corporation on their website (https://www.theglobalcity.uk/insights/mansion-house-compact). There are currently 9 signatories to the Compact.
Asked by: Lord Sharkey (Liberal Democrat - Life peer)
Question to the HM Treasury:
To ask His Majesty's Government, further to the announcement on 4 April 2022 that the Royal Mint has been asked to create a Non-Fungible Token (NFT) in the summer of 2022, how many public or civil servants, expressed as full-time equivalents (1) are, and (2) have, been working on this project; what costs have so far been incurred; what the projected total cost of this project is; and what value for money assessment has been carried out on this project.
Answered by Baroness Penn - Minister on Leave (Parliamentary Under Secretary of State)
The Government announced in April 2022 that the Royal Mint intended to create and issue a non-fungible token. The Royal Mint operates as a commercial business and the cost of designing and offering an NFT would be met entirely out of its own revenues. An update on this work will be provided in due course.
Asked by: Lord Sharkey (Liberal Democrat - Life peer)
Question to the HM Treasury:
To ask His Majesty's Government, further to the announcement on 4 April 2022 that the Royal Mint has been asked to create a Non-Fungible Token (NFT) in the summer of 2022, when this token is likely to be issued; and for what use this token is intended.
Answered by Baroness Penn - Minister on Leave (Parliamentary Under Secretary of State)
The Government announced in April 2022 that the Royal Mint intended to create and issue a non-fungible token. The Royal Mint operates as a commercial business and the cost of designing and offering an NFT would be met entirely out of its own revenues. An update on this work will be provided in due course.
Asked by: Lord Sharkey (Liberal Democrat - Life peer)
Question to the HM Treasury:
To ask His Majesty's Government which of the Chancellor’s proposed reforms to financial services regulation, announced in Edinburgh on 8 December, will (1) require primary legislation, (2) require secondary legislation, (3) be achievable using existing powers; and for each of the proposed reforms that can be made using existing powers, what power they intend to use in each case.
Answered by Baroness Penn - Minister on Leave (Parliamentary Under Secretary of State)
The Edinburgh Reforms, launched by the Chancellor on 9 December, take forward the government’s ambition for the UK to be the world’s most innovative and competitive global financial centre. We are committed to an open, sustainable, and technologically advanced financial services sector that is globally competitive and acts in the interests of communities and citizens across all four nations of the UK.
As part of the Edinburgh Reforms package, several consultations were either launched or trailed. It would not be appropriate to pre-judge the outcome of these consultations, nor how any measures may be implemented when final government policy has yet to be agreed. The outcomes of these consultations will be taken forward in the usual manner and peers will be able to engage in the normal ways depending on the precise form of implementation.
As set out in the Chancellor's written statement, a number of reforms will require secondary legislation. These are:
Additionally, the government will add transactions in certain cryptoassets to the Investment Management Exemption list for tax purposes. The existing list of investment transactions is set out in the Investment Manager (Investment Transactions) Regulations 2014. HMRC is able to make this change using existing powers contained in sections 827(2) and 835S(4) ITA07 and section 1150 CTA10.
Several of the Edinburgh Reforms are also being taken forward as primary legislation through the Financial Services and Markets Bill (FSM). These are the implementation of a Financial Market Infrastructure Sandbox in 2023, the establishment of a safe regulatory environment for stablecoins and the repeal of retained EU law in financial services. The FSM Bill contains provisions that will enable the government to commence the repeal of retained EU law in financial services and implement its replacement, a smarter regulatory framework specifically tailored to the UK, using secondary legislation following the passage of the Bill. The government will also legislate in the Finance Bill to amend the tax rules for Real Estate Investment Trusts.
Asked by: Lord Sharkey (Liberal Democrat - Life peer)
Question to the HM Treasury:
To ask Her Majesty's Government, further to the remarks by Viscount Younger of Leckie on 25 November (HL Deb, cols 1002–03), what sanctions may be imposed, and by whom, on financial services organisations that breach Financial Conduct Authority Guidance on the treatment of UK Politically Exposed Persons, their families and known close associates.
Answered by Lord Agnew of Oulton
Further to the answer of 25 November 2021 by Viscount Younger of Leckie, from April 2018, the Financial Ombudsman has had jurisdiction to consider complaints from Politically Exposed Persons about their treatment by banks, and since 2018, have received fewer than 10 complaints in this area.
Where the Financial Ombudsman find that a bank has not followed regulations, best practice or acted in a fair and reasonable manner, the Financial Ombudsman will tell the bank to put the consumer in the position they would have been in had the bank’s error or wrongdoing not occurred. The Financial Ombudsman also has the power to order banks to pay for financial loss, distress or inconvenience depending on the experience of the consumer.
However, the Financial Ombudsman does not apply sanctions or penalties on banks. The Financial Conduct Authority, as anti-money laundering and counter-terrorist financing supervisor for financial services firms in the UK, has the power to impose civil penalties (fines and censure statements) and prohibitions on management.
Asked by: Lord Sharkey (Liberal Democrat - Life peer)
Question to the HM Treasury:
To ask Her Majesty's Government what consideration, if any, they have given to creating a new category of tax advantaged share scheme, analogous to the existing employee share ownership schemes, for which people in the gig economy would be eligible.
Answered by Lord Agnew of Oulton
The government is not considering creating a new tax-advantaged share scheme for self-employed contractors.
The purpose of all the existing schemes is to encourage employee share ownership and support employers' efforts to foster a more enterprising and productive relationship with their employees.
Where companies employ staff directly, they may offer tax-advantaged options to their employees through one of the existing schemes.
Asked by: Lord Sharkey (Liberal Democrat - Life peer)
Question to the HM Treasury:
To ask Her Majesty's Government how many written directions Ministers have been asked to give (1) to Permanent Secretaries, and (2) to other officials, in each of the last 10 years; and in each case, (a) which Ministers and officials were involved, and (b) to what the written directions referred.
Answered by Lord Agnew of Oulton
There have been 41 Ministerial Direction published since April 2011. There was no general requirement to publish Ministerial Directions prior to this date.
Thirty -eight of these direction were requested by Permanent Secretaries or Acting Permanent Secretaries. One of those (from the Permanent Secretary at the Department of Health and Social Care) was jointly requested by the Chief Executive of the NHS. Of the remainder, two were requested by the Chief Executive of UK Export Finance and one by the Chief Executive of the NHS.
Details of all published Ministerial Directions can be found on the gov.uk website.[1].
[1] https://www.gov.uk/government/collections/ministerial-directions