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Proceeding contribution from Lord Eatwell (Labour) in the House of Lords on Monday, 19 January 2009. It occurred during Committee of the Whole House (HL) and Debate on bill on Banking Bill.


Banking Bill

The amendment attempts to come at this vexed question of netting and transfers, especially partial transfers, from a different direction; namely, that of compensation arrangements. These provisions would ensure suitable compensation for those who have netting or set-off contracts associated with a bank that is then the subject of a special resolution regime—compensating them for any losses that they may suffer as a result of the implementation of the special resolution regime. The idea is that, instead of dealing with the difficult issue of clean legal opinion, we say, ““Okay, we might not be able to proceed in that direction, but we can provide a compensation regime that will provide comfort and cover some of the uncertainty with which we are struggling and that unfortunately we seem to have introduced while pursuing the laudable objective of developing the special resolution regime””. These two provisions deal with the problem through the compensation route. I beg to move.


Secondary information

Type
Proceeding contribution
Reference
706 c1473 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
Disclosure of information Compensation Codes of practice Assets Bank services Banks Competition Delegated legislation Bank of England Capital Liability Financial services Financial institutions Insolvency Financial Services Authority Private sector Property transfer Public sector Mergers Nationalisation Scotland Small businesses Valuation Treasury
Legislation
Banking Bill 2007-08 to 2008-09
Link
View this Proceeding contribution on www.publications.parliament.uk