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Proceeding contribution from Ed Miliband (Labour) in the House of Commons on Wednesday, 3 June 2020. It occurred during Debate on bill on Corporate Insolvency and Governance Bill.


Corporate Insolvency and Governance Bill

My hon. Friend is a brilliant champion of those industries and other industries in his constituency, and I agree with him. I will come on to the particular sectoral challenges that the Secretary of State and the Government are facing.

Let me mention the areas where we would like to see improvements made to the Bill. First and most importantly, the Government’s case on the restructuring plan provision is that it could have benefits in enabling companies to restructure and not go into liquidation and in stopping large creditors from forcing companies to do so. I accept the case. I think I am right in saying that the cross-class cram-down provisions—it is not a very beautiful phrase—apply across the EU under EU law and apply in the United States as well. What is important about the provisions is that they mean that even if a class or classes of creditors object to a rescue plan, it can still go ahead providing they are better off than in the other most likely scenario, which is often going to be liquidation. That is why protecting those without power—creditors and others—is so important.

What cannot be allowed to happen—I know the Secretary of State agrees with this—is for the RP provision, which has wide scope and is not just for companies that are insolvent, but for those who fear they might become so, to be used to ride roughshod over the rights of

employees, including their pensions. Given the nature of the crisis we are in, it is essential that there are proper safeguards.

To give an example, the Secretary of State will have heard earlier the deep concerns across the House about the actions of British Airways, including sacking its employees and apparently offering worse terms and conditions. The RP provision cannot become a charter for more of that sort of action, and it is our mutual responsibility to make sure it does not become so. I know the Secretary of State shares that view.


Secondary information

Type
Proceeding contribution
Reference
676 cc899-900 
Session
2019-21
Chamber / Committee
House of Commons chamber
Subjects
Contracts Company law Company liquidations Company accounts Companies Directors Debts Liability Insolvency Landlord and tenant Northern Ireland Powers Meetings Small businesses Utilities Reorganisation Coronavirus business interruption loan scheme Bounce back loan scheme
Legislation
Corporate Insolvency and Governance Bill 2019-21
Link
View this Proceeding contribution on hansard.parliament.uk