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Financial Services and Markets Bill [HL] Debate
Full Debate: Read Full DebateLord Ranger of Northwood
Main Page: Lord Ranger of Northwood (Conservative - Life peer)Department Debates - View all Lord Ranger of Northwood's debates with the Department for Business, Innovation, Science and Trade
(4 months, 2 weeks ago)
Grand CommitteeMy Lords, I will make my first contribution to this Bill. This is also one of my first in Committee, so I beg noble Lords’ forgiveness for any errors I will make. I do not have vast experience in the banking sector, but I have spent almost 25 years in technology, during which I worked with a number of firms in the banking sector.
I support the comments from my Front-Bench colleague, my noble friend Lady Neville-Rolfe, and from the noble Lord, Lord Blackwell, on the impact of this broad-ranging Bill. Later, I will comment more on the technology aspect, but at this point I highlight that, as we move forward, a degree of regulatory burden is continuing to build, especially for the future of banking around fintech, innovators, start-ups and scale-ups, a world I have worked in significantly. I look at this Bill through that lens, seeking to understand what we are doing around the posture we are requesting from these new future banking institutions, as they see different requirements from different regulators based on a loose—or, sometimes, as in the case of this Bill, unclear—focus. I say that because we are hearing that from the industry.
The past couple of years have required significant consultation on start-ups and scale-ups, particularly in the area of digital assets. Regulators have undertaken extensive questioning of the industry, but there seems to be some gap between parliamentary oversight and regulatory direction. That has been fed back and has resulted in ad hoc approaches to intervention with regulators from parliamentarians, industry bodies and even parliamentary groups—I co-chair the APPG on Digital Markets and Digital Money—in order to provide a certain level of input about what the industry, particularly the digital asset industry and digital start-up banks, may be considering. There is a huge opportunity in this Bill to understand how we would like to set out frameworks and risk management for the future, but there is also considerable risk—as was mentioned by my noble friend Lady Neville-Rolfe—around where we lose oversight and potential control at this critical time.
I will speak just briefly. I find myself in the unusual situation of agreeing with the noble Baroness, Lady Noakes, on the role and functioning of the Financial Services Regulation Committee, of which I am a member. The committee was created to undertake a particular task, and what is in the Bill makes that task virtually impossible. We very much hope that the Minister will listen to what the committee has said on this subject.
Financial Services and Markets Bill [HL] Debate
Full Debate: Read Full DebateLord Ranger of Northwood
Main Page: Lord Ranger of Northwood (Conservative - Life peer)Department Debates - View all Lord Ranger of Northwood's debates with the Cabinet Office
(3 months, 4 weeks ago)
Grand CommitteeMy Lords, I support my noble friend’s Amendment 164 and will speak to Amendments 164A, 164B and 164C in my name. I declare my interest as a non-executive director of Ecila.Group—an R&D-focused firm in digital assets and payments infrastructure. I am also a member of the UKUS Crypto Alliance and, for completion, the co-chair of the Digital Markets and Digital Money APPG.
The amendments in my name go some way towards the underlying point, which is that, if the United Kingdom wants to be a serious global centre for digital assets, tokenisation and digital financial markets, we need a regulatory framework and, as my noble friend Lady Neville-Rolfe mentioned, a strategy that is clear, coherent, proportionate and capable of supporting innovation. We do not have that at the moment. We have a lack of clear regulatory direction, too many overlapping areas of responsibility, regulators with differing priorities and, in some cases, different and changing levels of appetite towards digital assets. We also have firms that are trying to understand whether the UK is genuinely open for innovation or whether it will remain a jurisdiction where uncertainty and delay make it harder to invest, scale and launch new products.
I say this because I have heard it directly from industry, particularly over the last 18 months. During that period, I have engaged extensively with businesses in the digital asset arena. I have also travelled to other jurisdictions such as the US—I have been to Washington four times in that period—and the UAE. I have spoken to the US SEC chair, Paul Atkins, I have met with Commissioner Hester Peirce several times and I have spoken to policymakers in these jurisdictions to understand their approach, as well as what they think we should be considering.
These are issues, as my noble friend Lady Neville-Rolfe said, because we are looking for growth. Firms are developing products, consumers are engaging with digital assets, and institutions are looking at tokenisation, digital collateral, new settlement systems and digital market infrastructure. The world is changing; it is already happening. Other jurisdictions are therefore moving fast. If we do not provide clarity, firms and—as has been said—jobs, growth and investment will move and move fast. This is very much a global market change.
The problem is not simply too little regulation. In some respects, a deeper problem is that the regulatory landscape is not yet properly constituted to support the market. If we simply layer new regulation on top of old regulation, without first clarifying who is responsible, what the objectives are, what the vision is and how the different regimes fit together, we risk creating an even more complex framework, with more duplication and confusion, than the one we have already.
That is why Amendment 164A is important. It would require the FCA and the PRA to establish and maintain a defined and representative digital assets industry forum. The forum would be co-chaired by senior regulatory representatives and a senior industry figure, and would bring together regulators, digital asset firms, tokenised businesses, banks, payment firms, market infrastructure providers and relevant trade bodies. The point is simple: the Government and regulators need a proper, structured mechanism for engagement with the industry if we are to take sensible steps in this area.
This is a fast-moving and highly technical area. Regulation cannot be developed in silos by separate regulators. Regulators need to understand how these products work, where the risks are, where innovation is taking place and where proposed rules may have unintended consequences. Industry needs to understand what regulators expect and where the UK intends to go, if not lead. At the moment, that dialogue is not sufficiently structured and there is not the sort of ongoing forum that a market of this complexity requires. Without that, we risk regulating by assumption, rather than by evidence, and we risk fragmentation.
My Amendment 164B addresses a related issue: access to banking, payment and settlement services for digital asset firms. This is a very real concern. A digital asset firm may be regulated or registered—it may have compliance systems, governance and legitimate commercial activity—but still struggle to obtain the basic banking and payment services that it needs to operate. This is a serious barrier to growth and market entry, which again I have heard many times from businesses in the sector.
There is also a debanking point here. If the regulatory environment is unclear, banks and payment providers may respond by taking the most conservative approach possible. They may decide that it is simply easier not to serve digital asset firms at all, rather than navigate regulatory uncertainty. Financial crime risk, supervisory expectations and reputational concerns all build a very strong defensive risk posture. That does not support innovation. It does not support competition. It entrenches incumbents, disadvantages new entrants and pushes activities to other jurisdictions. This is a consequence of the regulatory environment that we have right now. Yes, we must balance the risks that are out there, but we must also seek to encourage innovation and the market.
My amendment would require the Treasury to review how access to banking, payment and settlement services affects competition, innovation and market entry into the sector. It would also require consideration of whether the current and proposed framework risks conferring an advantage on incumbent firms over new entrants and firms developing new products. That is an important question. If the UK says it wants a thriving digital asset sector but firms cannot get bank accounts, access payments infrastructure or access settlement services, policy ambition will not be delivered in practice.
Amendment 164C concerns consumer redress. This is another area in which clarity is required. Digital assets do not always fit neatly into existing financial services redress frameworks. Consumers need to know what protections they have, where complaints should go, what remedies may be available and how responsibility is allocated when something goes wrong. Firms also need to know what standards apply to them and the liabilities they face. The amendment would require the Treasury to review whether the existing consumer redress framework can provide a clear, coherent, proportionate and internationally competitive basis for regulated digital asset markets. The key word is “proportionate”. We need consumer protection, but we must not create a redress environment that is so uncertain or open-ended that firms decide that the UK is not a viable place to operate. Equally, we must not leave consumers in a position where they do not understand their rights or where harmful conduct falls between regimes.
The wider concern behind all three amendments is that the UK risks falling behind because of a lack of clarity. Industry is not asking for no regulation; it is asking for clear, proportionate regulation that reflects the pace of technological change and the markets that are beginning to exist. My fear is that if we carry on regulating digital assets in a piecemeal way, we will end up with a regime that is consistently playing catch-up or that delivers unintended consequences. It will be unpredictable, overly burdensome and difficult for firms to navigate—even more so than it is already. That would be a bad outcome for innovation, for consumers and for the competitiveness of the United Kingdom.
I will therefore be listening carefully to the Minister’s response to my noble friend’s amendment that calls for a digital assets strategy, to which I have added my name. We should be trying to streamline, simplify and clarify the regime, not add more layers of uncertainty. I would be grateful if the Minister could also address the following three points. First, will the Government commit to establishing a proper representative industry forum for digital assets so that regulators and market participants can engage continuously and constructively? Secondly, what assessments have the Government made of the difficulties digital asset firms face in obtaining banking, payment and settlement services, and the effect this has on competition and market entry? Thirdly, how will the Government ensure that the consumer redress framework for digital assets is clear, coherent and proportionate without making the UK an unattractive place for responsible firms to operate?
As has been said, the UK has a real opportunity in digital assets and tokenised finance. The opportunity will not be realised unless firms know where they stand, so we need clarity, co-ordination and confidence. These amendments are designed to help the Government to provide that.
My Lords, it is a pleasure to follow my noble friend Lord Ranger of Northwood. I agree with all the amendments that he has eloquently described. I support my noble friend Lady Neville-Rolfe, and particularly her Amendment 163, to which I have added my name. The Government rightly talk about growth. The reality is that digital assets, tokenisation and market dematerialisation are sources of growth in potentially a shorter time than some other sectors that have had greater focus.
My Lords, I support my noble friend Lord Holmes’s amendments across the alphabet, particularly because he is right about the detail and the need for us to look at the ambition and see whether we are really targeting changes that will help us fulfil the ambition. When it comes to the point about regulation and whether or not it has worked, in terms of KYC, AML and even PEP, we know that these fundamental versions of regulatory burdens do not succeed. We hear constantly of their failings, so how are we going to adopt and adapt as we move into the digital assets universe, as I have been calling it, rather than naming each different type?
Fundamentally, one of the elements here is the use cases. These amendments speak to specific points and changes that could be brought through, but we must look at the use cases in which these will apply. We talk about tokenisation or how stablecoins will be used. We must talk about how property and assets might be traded differently. We must look at how services will be adapted and the wholesale settlement that international markets are looking at. We must talk about and consider the use cases around retail e-commerce. With that, I support my noble friend’s amendments.
My Lords, I am going to be brief again: these are very interesting amendments. The breadth of the amendments put before us by the noble Lord, Lord Holmes, gives us a sense of the extensive work that must be done, right across the plumbing of the entire financial services sector, to move and take advantage of the opportunities of the digital world. There is no discussion here of some of the risks, namely about the levers of power shifting to different hands and whether we should be concerned about that or whether there are monetary sovereignty issues. Those are crucial issues, and we cannot walk away from them. Plumbing seems boring, but it is crucial. It seems that every aspect of that plumbing has been raised here, something that I hoped we might hear about in greater detail from the Government. I am particularly focused on the first of the amendments tabled by the noble Lord, Lord Holmes, which is Amendment 164C. I apologise, I have the wrong one.
Financial Services and Markets Bill [HL] Debate
Full Debate: Read Full DebateLord Ranger of Northwood
Main Page: Lord Ranger of Northwood (Conservative - Life peer)Department Debates - View all Lord Ranger of Northwood's debates with the HM Treasury
(1 month, 4 weeks ago)
Lords ChamberMy Lords, I shall speak also to the other amendments in this group, which I support. There are two critical threads running through the Bill. I say “running through the Bill”—in reality, they do not appear at all in the Bill. Those are all things digital finance and artificial intelligence, be it embedded finance, open finance, digital assets, stablecoins, CBDCs or the whole subject of AI and how it is currently transforming all things across consumer, retail, wholesale and financial markets right around the world. You could be forgiven for not appreciating this if you just looked at the contents of the Bill to see the impact these forces are already having.
When it comes to digital assets or indeed AI, there are many clear and present elements requiring primary legislation. We have this Bill in front of us, yet it is silent on all these issues. We have the excellent report of the Digital Markets Taskforce, the great work so far of Chris Woolard and indeed the report of Mark Austin. All have elements within them requiring primary legislation, yet the Bill has nothing to say on those subjects.
The UK has an extraordinary, unique opportunity when it comes to digital assets, stablecoins, tokenisation, market DEMAT and artificial intelligence. But we require the primary legislation and the attendant regulatory framework not just to give effect to that and to enable the innovation and economic growth that would come, but to give a signal from the Government as to the direction they want the UK to go in with all these extraordinary, transformational, growth-creating economic opportunities. I look forward to the Minister’s response. I beg to move.
My Lords, I support this group of amendments, particularly Amendment 88. I welcome and echo my noble friend’s comments about the challenges faced in financial services from the forces of technology and technological evolution, and I welcome the direction of travel from the Government, the FCA and the Bank of England. There has been real progress on crypto assets, stablecoins and tokenisation and I am particularly encouraged by the work of the Government’s Wholesale Digital Markets Champion, Chris Woolard—his published report and the work towards his forthcoming reports. I thank the Government, the Minister, the Economic Secretary and the champion for their engagement so far.
Lord Pitt-Watson (Lab)
My Lords, I thank the noble Baronesses, Lady Neville-Rolfe and Lady Kramer, and the noble Lords, Lord Altrincham and Lord Holmes, for their amendments relating to the adoption of technology in the financial services sector and for their contributions to this debate. Technological change is already having a significant impact on the sector and there are huge opportunities for the UK alongside risks to be managed.
Amendment 71 seeks to require the FCA to create and maintain a framework for open finance. However, the Government already have powers to create a framework for open finance under the Data (Use and Access) Act 2025. Parliament has therefore already legislated here, and that legislation includes the power to require the FCA to regulate for open finance and includes appropriate safeguards and scrutiny. The Treasury also confirmed at Mansion House in July 2026 its commitment to open finance and said it will consult on open finance next year.
Amendments 88 and 89 are both focused on digitalisation. Amendment 88 seeks to support the UK’s approach to digital assets by requiring the Government to publish a digital assets strategy. It sets out a number of important issues that such a strategy should consider. Amendment 89 similarly seeks to support digitalisation by requiring the Government to make regulations establishing an issuer digitalisation council, composed of representatives from issuers, intermediaries, the FCA, the PRA, the Bank of England and the Treasury.
As noted in the debate in Committee, the Government strongly support digital assets and see them as a key strategic priority. As such, the Government have been very active on this agenda and have a comprehensive strategy to drive forward the digitalisation of wholesale markets through the wholesale financial markets digital strategy published in July 2025. The Government have been taking forward the actions of the strategy at speed. There has been progress even since this issue was debated in Committee.
Chris Woolard CBE published his first report as the Government’s Wholesale Digital Markets Champion in July, setting out a comprehensive cross-sector approach to digital assets. The Economic Secretary to the Treasury and I hosted a drop-in session with Mr Woolard here in Parliament just yesterday so that Members of your Lordships’ House could hear more about his agenda. I think those noble Lords who were there would agree that we should be impressed by the scope and comprehensiveness of the work he is doing.
Mr Woolard outlined not one workstream but nine taskforce action groups that are taking forward the industry road map, including an action group focused on the primary issuance of digital securities, and with an initial focus on delivering an end-to-end use case. These groups and the overarching orchestration group represent a huge amount of work, expertise and industry input that Chris is leading. They include the industry, a strategy and 50 companies, to be joined by the head of Europe from BlackRock and the London Stock Exchange. It is absolutely great work, as the noble Lord, Lord Holmes, said.
At that meeting, Chris Woolard was asked whether there was any need for further primary legislation. I think that the noble Lord, Lord Ranger, was at the meeting and can confirm that he said that right now, he did not think there was. He could also confirm that I said that, should there be that need, I and the Economic Secretary to the Treasury would be listening to that. There will be a real threat to UK competitiveness if we fail to act in this area, and a considerable opportunity if we get it right. I hope that the opportunity to engage Mr Woolard prior to this debate gave insight into the vast amount of constructive work that is already taking place to make sure that this happens.
There are many other actions being taken to support this work, such as the Bank of England and the Financial Conduct Authority’s call for input on tokenisation, which closed in July. They intend to publish a further road map in the autumn. In noble Lords’ speeches, I heard that they want momentum and a strategy involving industry. That is what is happening right now. The Government also highlighted progress on the digital securities sandbox, the digital gilt instrument, in Committee.
The Government strongly believe in the need to digitalise financial markets, and I hope that the measures the Government are taking forward and the further updates that noble Lords received from Chris Woolard, as wholesale digital markets champion, show that the Government are working with the sector and the regulators to deliver a strategic approach to digitalisation—
My Lords, forgive me for interjecting, but the Minister is quite right. We had a very progressive session with Mr Woolard yesterday. The question I raised with him was about the future strategy and where we were heading, because his focus is clearly on tokenisation. We noticed that there was a further discussion on standard-setting internationally, agentic finance and various other elements that are in development and need strategic thought. I think that the champion took on board that there was a broader vision that needed to be identified, which is what we would be looking for in a strategy.
Lord Pitt-Watson (Lab)
He did indeed take that on board, and I thank the noble Lord, Lord Ranger, for making that point. He was also asked whether at this point further primary legislation was needed. He said that it was not but was invited, should that situation change, to talk to the Ministers in the Treasury. Therefore, I ask the noble Lord, Lord Holmes, to withdraw his amendment.