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Financial Services and Markets Bill 2022-23

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Lords consideration of Commons reason and amendments. Lords amendment 7 not insisted on and Commons amendments 7A, 7B and 7C in lieu agreed to. Lords amendment 10 not insisted on. Lords amendment 36 not insisted on and Commons amendment 36A in lieu agreed to.

Lead member
Baroness Penn
Answering member
Baroness Chapman of Darlington
Department
Treasury
Type
Debates on bills
Date
27 June 2023
Reference
831 cc605-615
House
House of Lords

Moved by

Baroness Penn

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
27 June 2023
Reference
831 c605
House
House of Lords

My Lords, I beg to move Motion A and, with the leave of the House, will also speak to Motions B and C. I am grateful to all noble Lords for their considered scrutiny of the remaining issues in front of us today and throughout the Bill’s passage.

I will speak...

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
27 June 2023
Reference
831 cc605-7
House
House of Lords

My Lords, I declare my interests as set out in the register, and will speak to Amendment 7A. I thank the Minister and her team for the considerable efforts that have been put in, since the Bill left this House, to find a way to respond positively to the issues...

Member
Baroness Hayman (Crossbench)
Type
Proceeding contributions
Date
27 June 2023
Reference
831 cc607-9
House
House of Lords

My Lords, I will speak to Amendment 36, which was in my name and those of the noble Baronesses, Lady Sheehan and Lady Chapman, and the noble Lord, Lord Randall. I echo the words of the noble Baroness, Lady Hayman, by thanking the Minister very much for the time she...

Member
Baroness Boycott (Crossbench)
Type
Proceeding contributions
Date
27 June 2023
Reference
831 cc609-610
House
House of Lords

My Lords, it is a great privilege to follow the noble Baronesses, Lady Boycott and Lady Hayman. I congratulate my noble friend the Minister on her diligence in trying to come to some solution to our demands. As we have just heard, it is not quite what we wanted but...

Member
Lord Randall of Uxbridge (Conservative)
Type
Proceeding contributions
Date
27 June 2023
Reference
831 cc610-1
House
House of Lords

My Lords, I first pass on the apologies of my colleague and noble friend Lady Kramer, who is unable to be in her place; hence, you have me instead. I identify with the comments made by the noble Baronesses, Lady Hayman and Lady Boycott, and will not repeat them. Although...

Member
Baroness Bowles of Berkhamsted (Liberal Democrat)
Type
Proceeding contributions
Date
27 June 2023
Reference
831 c611
House
House of Lords

My Lords, I want to comment on Motion B, which no one has addressed. I congratulate the Minister, her colleagues, the Bill team and all the Peers who have contributed to this 337-page whopper of a Bill, which has been broadly welcomed by all. I remind your Lordships of my...

Member
Lord Leigh of Hurley (Conservative)
Type
Proceeding contributions
Date
27 June 2023
Reference
831 c612
House
House of Lords

My Lords, we on these Benches supported all three of the amendments that we are discussing today when we looked at them last time, including Amendment 7, which would expand the regulatory principle on net-zero emissions to include conservation and nature. We also voted for Amendment 36, imposing a duty...

Member
Baroness Chapman of Darlington (Labour)
Type
Proceeding contributions
Date
27 June 2023
Reference
831 cc612-3
House
House of Lords

My Lords, I am grateful to noble Lords for the debate today, and I would like to address some of the points raised.

On the addition of the obligations under the Environment Act to the principle on climate change, I intended in my opening speech to clarify some of the language...

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
27 June 2023
Reference
831 cc613-4
House
House of Lords

Moved by

Baroness Penn

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
27 June 2023
Reference
831 c614
House
House of Lords

Moved by

Baroness Penn

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
27 June 2023
Reference
831 c614
House
House of Lords

Lords report stage first day. Amendments 2 to 6 agreed to. (Part 1 of 2).

Lead member
Lord Harlech; Baroness Penn
Answering member
Baroness Chapman of Darlington
Department
Treasury
Type
Debates on bills
Date
6 June 2023
Reference
830 cc1276-1334
House
House of Lords

My Lords, I am also grateful to the noble Lord, Lord Tyrie, for raising this important issue through Amendment 8. The Regulatory Decisions Committee, or RDC, takes contested enforcement decisions on behalf of the FCA where the FCA has not been able to settle a case with the relevant firm....

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 cc1332-3
House
House of Lords

Moved by

Lord Sharkey

1: Clause 1, page 1, line 6, leave out subsection (1) and insert—

“(1) A Minister of the Crown may by regulation revoke or replace any legislation referred to in Schedule 1 provided that—

(a) a document containing a proposal for those regulations has been laid before each House of...

Member
Lord Sharkey (Liberal Democrat)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 c1276
House
House of Lords

My Lords, I shall speak first to Amendment 1 and then to Amendments 116 and 117. The Bill gives the Ministers and regulators power to shape our financial services regimes, but it does not allow for any meaningful parliamentary scrutiny of the changes that Ministers and regulators may introduce into...

Member
Lord Sharkey (Liberal Democrat)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 cc1280-2
House
House of Lords

My Lords, I declare my interests as a director of two investment companies as stated in the register. I listened with interest to the noble Lord, Lord Sharkey, in bringing forward his Amendment 1 and other amendments. I feel strongly, as he has suggested, that what has been agreed for...

Member
Viscount Trenchard (Conservative)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 c1282
House
House of Lords

My Lords, I support Amendment 1. My noble friend Lord Hodgson of Astley Abbotts does not seem to be with us, but I have collaborated with him over the retained EU law Bill, and I know his views are that Parliament has been collectively losing control of its agenda and...

Member
Lord Hamilton of Epsom (Conservative)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 cc1282-3
House
House of Lords

My Lords, I am a signatory to this amendment, although some quirk of technology has meant that my name does not appear on the Marshalled List today. I am delighted to join other noble Lords whose names are on the amendment. This is déjà vu all over again, as they...

Member
Lord Lisvane (Crossbench)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 c1283
House
House of Lords

My Lords, I would just like to refer back to the fact that from 1992 to 1997, I had the privilege in the other place of being Chairman of Ways and Means and Deputy Speaker. At that time, I received considerable briefing from the Officers of the House and other...

Member
Lord Naseby (Conservative)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 c1283
House
House of Lords

My Lords, I had the privilege of adding my name to this amendment because it seems to me, as has just been said, that this is such an important Bill for our nations. It also has this distinguishing feature. Regulation of financial services and matters of this kind is extremely...

Member
Lord Thomas of Cwmgiedd (Crossbench)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 c1284
House
House of Lords

My Lords, I add my support to the amendment so excellently moved by the noble Lord, Lord Sharkey, and I thank my noble friends Lord Hamilton and Lord Naseby, who have spoken about the dangers that are entailed if we do not introduce measures such as this amendment into the...

Member
Baroness Altmann (Conservative)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 c1284
House
House of Lords

My Lords, I can add very little to the extraordinary speeches we just heard, many of them quite brief but absolutely targeted and to the point. I simply want to add just two more issues that perhaps have been mentioned but not stressed.

The first is that a carve-out of financial...

Member
Baroness Kramer (Liberal Democrat)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 c1284
House
House of Lords

My Lords, before I address the amendments, I want to acknowledge the work of my noble friend Lord Tunnicliffe, who had been leading for these Benches on this Bill until very recently, and thank him for his hard work and

generosity in the way he has handed over custody of...

Member
Baroness Chapman of Darlington (Labour)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 cc1284-5
House
House of Lords

My Lords, before turning to the amendments at hand, I add my thanks to those of the noble Baroness, Lady Chapman, for the contribution of the noble Lord, Lord Tunnicliffe, to this Bill and the Labour Front Bench on Treasury matters. The noble Baroness referred to the noble Lord’s generosity;...

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 cc1285-7
House
House of Lords

I thank all those who have spoken in this brief debate—some more warmly than others, perhaps. In my initial speech, I forgot to be especially nice about Denis, the noble Lord, Lord Tunnicliffe; I regret that. I am of course disappointed by both his absence and the response of his...

Member
Lord Sharkey (Liberal Democrat)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 c1287
House
House of Lords

Moved by

Lord Harlech

2: Schedule 2, page 128, line 38, at end insert—

“(5) Paragraph (6) applies where—

(a) a central counterparty (A) was taken to be recognised pursuant to Article 25 of the EMIR regulation in accordance with regulation 19A(3), and

(b) A ceased to be taken to be so recognised by virtue...

Member
Lord Harlech (Conservative)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 cc1287-8
House
House of Lords

My Lords, I beg to move government Amendment 2 and will also speak to the other amendments in this group. These are a set of minor amendments that the Government have tabled to ensure that all provisions of the Bill and the Financial Services and Markets Act 2000 operate effectively...

Member
Lord Harlech (Conservative)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 cc1288-9
House
House of Lords

My Lords, I will make very few comments on this group of amendments. I accept that they are technical. I find some of them distasteful, particularly those that enhance the scope of the competitiveness and economic growth agendas. I fear very much that the underlying concept and construct

will lead...

Member
Baroness Kramer (Liberal Democrat)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 c1289
House
House of Lords

My Lords, I will make two points on these technical amendments. As the Minister said, central counterparties are fundamental institutions in maintaining the stability of financial markets. This measure, to continue the role of overseas-based central counterparties, is enormously sensible. But there is an issue that has not been addressed....

Member
Lord Eatwell (Labour)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 c1290
House
House of Lords

My Lords, I am grateful for both contributions to this short debate. The noble Lord, Lord Eatwell, brought up the competitiveness issue, which is something we will come on to at a later stage in the proceedings on the Bill. In answer to his point about overseas CCPs, that would...

Member
Lord Harlech (Conservative)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 c1290
House
House of Lords

Moved by

Lord Harlech

3: Clause 6, page 6, line 29, after “section 1B(1)” insert “, (4A)”

Member’s explanatory statement

This amendment would ensure that Clause 6(10)(a) of the Bill includes a reference to the duty relating to the competitiveness and growth objective, as inserted into section 1B of the Financial Services and Markets...

Member
Lord Harlech (Conservative)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 cc1290-1
House
House of Lords

Moved by

Viscount Trenchard

3A: After Clause 6, insert the following new Clause—

“Report on retained EU law

(1) Within six months of the passing of this Act and every six months thereafter the Treasury must prepare a report containing, for each of the items of retained EU law listed in Schedule 1, whether...

Member
Viscount Trenchard (Conservative)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 c1291
House
House of Lords

My Lords, Amendment 3A requires the Treasury to report every six months on the progress it is making in its challenging task of revoking, improving or retaining each of the items of retained EU law listed in Schedule 1 to the Bill.

This amendment and my other amendment in this group...

Member
Viscount Trenchard (Conservative)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 cc1291-4
House
House of Lords

My Lords, I support Amendment 3A of my noble friend Lord Trenchard. It is important to keep track of retained, revoked or modified EU law for this important sector. Businesses must know where they stand. Unlike the initial intention behind the REUL Bill to revoke all retained secondary legislation identified...

Member
Baroness Lawlor (Conservative)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 cc1294-5
House
House of Lords

My Lords, I will be very brief. I have no objection to either of these amendments, although for very different reasons from the previous two speakers. On the first, which is about the report on retained EU law, it seems sensible to have a proper and lasting reporting requirement to...

Member
Baroness Kramer (Liberal Democrat)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 cc1295-6
House
House of Lords

My Lords, we are grateful to the noble Viscount, Lord Trenchard, for bringing these amendments forward and we ask him to pass on our very best wishes to the noble Baroness, Lady Noakes, and her husband. I am sure she will be impressed by the way he introduced her ideas...

Member
Baroness Chapman of Darlington (Labour)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 c1296
House
House of Lords

My Lords, I join noble Lords in wishing my noble friend Lady Noakes and her husband well, and I look forward to her return to this House. As my noble friend Lord Trenchard noted, she worked with our noble friend Lord Callanan on amendments to the retained EU law Bill...

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 cc1296-7
House
House of Lords

My Lords, I thank all noble Lords who have taken part in this debate. In particular, I thank my noble friend Lady Lawlor for her support, and I entirely agree with what she said about the need to move back to our former common

law-based approach. The noble Baroness, Lady...

Member
Viscount Trenchard (Conservative)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 cc1297-8
House
House of Lords

Moved by

Baroness Penn

4: After Clause 20, insert the following new Clause—

“Sustainability disclosure requirements

Sustainability disclosure requirements

(1) FSMA 2000 is amended as follows.

(2) After section 416 insert—

“Sustainability disclosure requirements

416A SDR policy statement

(1) The Treasury may prepare an SDR policy statement.

(2) An “SDR policy statement” is a statement of the policies of His...

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 cc1299-1300
House
House of Lords

My Lords, the UK is a leading jurisdiction for sustainable finance, and the Government are proud of that record and determined to maintain and further that position. Since Committee stage, London has been ranked as the leading global green finance centre for the fourth consecutive time. Government effort, including on...

Member
Baroness Penn (Conservative)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 cc1300-1
House
House of Lords

My Lords, I thank the Minister for her introduction of Amendment 4 and her willingness to engage with Peers on the topic of sustainable disclosure requirements. However, while a government amendment on this important topic is welcome, what we have heard is yet more delay. A cynic might judge the...

Member
Baroness Wheatcroft (Crossbench)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 cc1301-3
House
House of Lords

My Lords, I declare my interest as chair of Peers for the Planet and apologise for the fact that I may need to speak a little longer than I normally would on Report. This is a very diverse group of amendments on different subjects, some of which are quite technical,...

Member
Baroness Hayman (Crossbench)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 cc1303-7
House
House of Lords

My Lords, I declare my interests and will speak to Amendment 91, which is in my name. I also express my absolute support for the other amendments, particularly Amendment 15, which was so brilliantly introduced by the noble Baroness, Lady Hayman, and accompanied by the quotes from Professor Dasgupta. It...

Member
Baroness Boycott (Crossbench)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 cc1307-9
House
House of Lords

My Lords, I declare my interests as trustee of DB and master trusts. I will speak to Amendment 93. Government Amendment 4 is welcome because it recognises the necessary direction of travel on disclosure requirements on sustainability, but the problem is that it is not sufficient. It gives the Treasury...

Member
Baroness Drake (Labour)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 cc1309-1310
House
House of Lords

My Lords, I welcome Amendment 4. Having listened to my noble friend on the Front Bench in Committee and subsequently, I know that she played a major role in this absolutely vital amendment coming forward.

The noble Baroness, Lady Wheatcroft, was quite right. Let us reflect on two key areas where...

Member
Lord Naseby (Conservative)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 cc1310-1
House
House of Lords

My Lords, I support the amendments in this group, particularly Amendment 93. It is always a pleasure to follow my noble friend Baroness Drake, who has said it all. I will join on the back of her comments to say that I strongly support the approach she has taken.

I also...

Member
Lord Davies of Brixton (Labour)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 cc1311-2
House
House of Lords

My Lords, I congratulate my noble friend the Minister on her Amendment 4. I am sure that it is very well-intentioned, and it meets some of the concerns that were clearly expressed in Committee. I welcome the update that will be coming from her on the green taxonomy; I believe...

Member
Baroness Altmann (Conservative)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 cc1312-3
House
House of Lords

My Lords, I shall speak to Amendment 91—this is a somewhat variegated group. The amendment was very ably introduced by the noble Baroness, Lady Boycott, and I am privileged to be asked to speak to it—it has widespread support across the political parties and within the public, as well as...

Member
Baroness Meacher (Crossbench)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 cc1313-4
House
House of Lords

My Lords, I have added my name to Amendment 15, tabbed by the noble Baroness, Lady Hayman. It aims to ensure that the conservation and enhancement of the natural environment are included in the regulatory principles of the regulators. Like the noble Baroness, I would have preferred another secondary—what is...

Member
Lord Vaux of Harrowden (Crossbench)
Type
Proceeding contributions
Date
6 June 2023
Reference
830 c1314
House
House of Lords