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Proceeding contribution from Baroness Wilcox (Conservative) in the House of Lords on Tuesday, 8 March 2011. It occurred during Committee of the Whole House (HL) and Debate on bill on Postal Services Bill.


Postal Services Bill

I think that it was someone's hearing aid that they have now switched off. I will return to the specific protections in the Bill against asset-stripping that could affect the universal service. A number of protections are in place in case asset-stripping or other shareholder actions become a concern. These protections are contained both in the Bill and in other legislation. Ofcom has the power to impose designated USP conditions akin to condition 16 in Royal Mail's existing licence, which does not allow it to do anything that would create a significant risk that necessary resources would not be available to continue its business. If Royal Mail is found to be in breach of its regulatory obligations, Ofcom could fine it up to 10 per cent of the annual turnover of its postal business. On current turnover, this would be more than £650 million. Directors of a company must act in the way that they consider most likely to promote the success of the company for the benefit of its members as a whole. If an asset disposal or dividend payment did not meet that test, they would be in breach of that obligation. Royal Mail's debt is secured on its assets, so it is simply not possible to transfer assets away from the business and its debts. The Pensions Regulator may also not allow such behaviour, as it would weaken Royal Mail's covenant to its pensioners. I hope that the noble Lord, Lord Lea of Crondall, will find that helpful.


Secondary information

Type
Proceeding contribution
Reference
725 c1541-2 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
Industrial relations Finance Investment Privatisation Workplace pensions Parliamentary scrutiny Staff Pension funds Profit sharing Postal services Post Office Modernisation Shares Reform Shareholders Royal Mail Sunset clauses
Legislation
Postal Services Bill 2010-12
Link
View this Proceeding contribution on www.publications.parliament.uk