Proceeding contribution from Lord Davies of Oldham (Labour) in the House of Lords on Tuesday, 20 January 2009. It occurred during Committee of the Whole House (HL) and Debate on bill on Banking Bill.
Banking Bill
I will try to be more succinct. I am trying to express that the authorities have to act at extremely short notice. We want them to have the powers to act in what is regarded as an emergency position with regard to a failing bank. In acting in those terms, they cannot be bound by legislation which constrains that legislation which is constructed to deal with more normal circumstances. We have debated one illustration for some time and I realise that I will not convince Members of the Opposition on this matter very readily. With regard to pensions, I indicated why we might not seek to interfere with the rights of the individual pensioner or to act along the lines of pension legislation requiring consultation with trustees, which might take months to effect, when action could be taken in the fairly immediate short term or the action is bound to fail. All I am arguing is that this is broadly the position as regards Clause 75. We cannot spell out every circumstance of every emergency because they are not foreseeable. From past practice, we have seen the necessity for rapid action. But, by definition, I do not have an example to quote under the special resolution regime because we have not had it. But we are trying to anticipate how we would deal with an emergency position. In those circumstances, it might be necessary for us to be able to act in the way in which the clause envisages.
Secondary information
- Type
- Proceeding contribution
- Reference
- 706 c1599-600
- Session
- 2008-09
- Chamber / Committee
- House of Lords chamber
- Subjects
- Conditions of employment Contracts Compensation Codes of practice Company law Companies Directors Administration Assets Bank services Banks Delegated legislation Bank of England Finance Liability Financial institutions Insolvency Financial Services Authority Holding companies Foreign companies Private sector Pay Powers Workplace pensions Property transfer Public sector Partnerships Nationalisation Stocks and shares Taxation Treasury British Bankers' Association Financial Services Compensation Scheme National Loans Fund Statutory instruments Liquidation committees
- Legislation
- Banking Bill 2007-08 to 2008-09
- Link
- View this Proceeding contribution on www.publications.parliament.uk
Librarians' tools
- Timestamp
- 2024-01-26 18:48:33 +0000
- URI
- http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_520926
- In Indexing
- http://indexing.parliament.uk/Content/Edit/1?uri=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_520926
- In Solr
- https://search.parliament.uk/claw/solr/?id=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_520926