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Proceeding contribution from Lord Lamont of Lerwick (Conservative) in the House of Lords on Tuesday, 13 January 2009. It occurred during Committee of the Whole House (HL) and Debate on bill on Banking Bill.


Banking Bill

Perhaps the Minister could help the Committee by clarifying the consistency of Clause 4(2) with the point that I raised about the last but one amendment to Clause 7(6). He will recall that I asked why the special resolution objectives were not relevant to condition 1, where a bank was likely to fail, or to condition 2, where a bank did not reach the threshold conditions. He gave a reply which I am sure was very accurate but which was rather difficult to follow at the time. No criticism is implied, but I think that that was the situation for some Members of the Committee. I took the Minister to be saying that the special resolution objectives were more general background objectives, although I have difficulty seeing how objective 3, to protect depositors, is not relevant to condition 1, where a bank is likely to fail. However, I do not want to go back to the argument about the previous amendment and the previous clause. I am sure that this matter can be clarified, because these things are often much simpler than they appear, but why are the special resolution objectives, which relate to the stabilisation powers, not relevant to conditions 1 and 2, although they relate to a stabilisation power? In Clause 4(2), which cites the stabilisation powers, we are told that the authorities, "““shall have regard to the special resolution objectives””—" namely, objectives 2, 3 and 4. How are the two parts of the legislation consistent?


Secondary information

Type
Proceeding contribution
Reference
706 c1142 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
Disclosure of information Codes of practice Accountability Administration Assets Bank services Banks Credit unions Building societies Bank of England Deposits Financial institutions Insolvency Legislation Government assistance Financial Services Authority Financial markets Foreign companies Protection Public sector Public expenditure Nationalisation Terrorism Regulation Shareholders Treasury Financial Services Compensation Scheme Northern Rock Freezing of assets
Legislation
Banking Bill 2007-08 to 2008-09
Link
View this Proceeding contribution on www.publications.parliament.uk