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Proceeding contribution from Baroness Noakes (Conservative) 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

When he looks at subsection (2) following the intervention of my noble friend Lord Higgins, the Minister might also wish to consider whether the Treasury will be happy to appoint ““a person””; the noble Lord said that it might appoint a panel. My understanding is that a panel is not necessarily a separate legal entity and, therefore, a person. I am not sure that subsection (2) would allow the Treasury to appoint a panel unless it were constituted as a legal entity, which may or may not be the case. The Minister spent most of his time talking about independence from the Treasury, which clearly struck a raw nerve, as if that were to be the only thing guaranteed by independence. The main burden of my reasons for tabling the amendment was to ensure that the valuer was independent of the subject matter being valued—the failed bank and the property being transferred—and that the issue was adequately dealt with. The Minister referred me to Article 6 of the European Convention on Human Rights. I need to think about whether simply reading the convention in relation to the Bill is a sufficient set of safeguards, and I shall do that between now and Report. I hope that the Minister will also consider subsection (2) before then.


Secondary information

Type
Proceeding contribution
Reference
706 c1479-80 
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