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My Lords, why do the Government not empower a public authority, such as the Financial Conduct Authority, to take up cudgels on behalf of small enterprises, to ensure that prompt payment is made of cash that is due to them?
My Lords, why do the Government not empower a public authority, such as the Financial Conduct Authority, to take up cudgels on behalf of small enterprises, to ensure that prompt payment is made of cash that is due to them?
Asked by
Lord Borrie
(Labour)
Oral questions - Supplementary
Status
Answered
Answered on
11 June 2013
My Lords, we have a voluntary organisation, the Institute of Credit Management, which oversees the prompt payment code on behalf of the Government. We do not need a statutory organisation to bring in prompt payment.
Subjects
Billing; Small businesses
Date
11 June 2013
Reference
745 c1508
Chamber / Committee
House of Lords chamber
House
House of Lords
The Minister has confined his answers so far to government or governmental bodies which owe debts to small and medium-sized firms. What about simply the failure of large firms to pay small firms the money they owe them? So far, it is left to the initiative of the SMEs. Since there is a significant Bill going through Parliament at the moment dealing with financial services, I wonder whether one might get more results if the public officials of those bodies that are to take over from the Financial Services Authority under the new Financial Services Bill had a responsibility to ensure that debts were paid.
The Minister has confined his answers so far to government or governmental bodies which owe debts to small and medium-sized firms. What about simply the failure of large firms to pay small firms the money they owe them? So far, it is left to the initiative of the SMEs. Since there is a significant Bill going through Parliament at the moment dealing with financial services, I wonder whether one might get more results if the public officials of those bodies that are to take over from the Financial Services Authority under the new Financial Services Bill had a responsibility to ensure that debts were paid.
Asked by
Lord Borrie
(Labour)
Oral questions - Supplementary
Status
Answered
Answered on
23 October 2012
My Lords, the Government are not yet convinced that we need to take legislative action, but we are thoroughly in favour of all pressure possible to encourage large corporations to pay their small contractors as fast as possible. There is indeed a new booklet produced by the Association of Chartered Certified Accountants, Experian, the Forum of Private Business and the Institute of Credit Management which is a guide on how to ensure prompt payment and has been produced in co-operation with the Government. I must say that a number of newspapers, including in particular the Telegraph, have been very helpful in exposing the tendency of some large corporations deliberately to delay payment to their subcontractors. We all know that transparency and reputational damage are things which multinational companies are well aware of, supermarkets included.
Subjects
Billing; Small businesses
Date
23 October 2012
Reference
740 c135
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, in an earlier answer, the noble Baroness indicated that this is essentially a local government matter. However, does she not agree that under the Public Libraries and Museums Act, central government must ensure that local government does its job of providing an effective public library service properly?
My Lords, in an earlier answer, the noble Baroness indicated that this is essentially a local government matter. However, does she not agree that under the Public Libraries and Museums Act, central government must ensure that local government does its job of providing an effective public library service properly?
Asked by
Lord Borrie
(Labour)
Oral questions - Supplementary
Status
Answered
Answered on
14 June 2012
The noble Lord, Lord Borrie, makes a very valid point. The terms “comprehensive and efficient” are not defined in the 1964 Act. However, broadly speaking, the Act requires local authorities to provide free of charge access for people who live, work or study in the area to borrow or refer to books, printed materials and pictures in line with their needs and requirements.
Subjects
Closures; Public libraries
Date
14 June 2012
Reference
737 c1417
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, what is the Government’s attitude to establishing by law a multiple of the lowest paid in a company or institution beyond which the salary of no other person in the company or institution should go?
My Lords, what is the Government’s attitude to establishing by law a multiple of the lowest paid in a company or institution beyond which the salary of no other person in the company or institution should go?
Asked by
Lord Borrie
(Labour)
Oral questions - Supplementary
Status
Answered
Answered on
13 June 2012
My Lords, we will require companies to give more information about pay. We are not in favour of mandating companies to adopt a standardised set of ratios because they are not always the best measure to compare across companies. Different types of companies have different ratios because of the nature of their businesses. We also know from the United States that it is not helpful to work out the appropriate pay ratio for a UK-listed company whose business is conducted largely overseas. But I hear what the noble Lord says.
Subjects
Directors; Pay; Shareholders
Date
13 June 2012
Reference
737 c1334
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, is it not the case that this Act will never be adequately enforced until a public official is given the statutory task of enforcing prompt payment and prompt interest payment on behalf of SMEs? Next week the Government will announce the appointment of a groceries adjudicator to help farmers in their battles with supermarkets. Surely there are wide reasons for saying that a public official is needed to assist in enforcing this Act as regards the late payment of debts.
My Lords, is it not the case that this Act will never be adequately enforced until a public official is given the statutory task of enforcing prompt payment and prompt interest payment on behalf of SMEs? Next week the Government will announce the appointment of a groceries adjudicator to help farmers in their battles with supermarkets. Surely there are wide reasons for saying that a public official is needed to assist in enforcing this Act as regards the late payment of debts.
Asked by
Lord Borrie
(Labour)
Oral questions - Supplementary
Status
Answered
Answered on
17 May 2012
The noble Lord, Lord Borrie, who is a former Director-General of the Office of Fair Trading, always comes up with something on which I would like to reflect, and I will do so on this occasion. If he would like to write to me explaining exactly what it is that he thinks is a good idea, this Government are always willing to listen.
Legislation
Late Payment of Commercial Debts (Interest) Act 1998
Subjects
Billing; Small businesses
Date
17 May 2012
Reference
737 c529
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, does not the Minister agree that the power of supermarkets is such that there should not be any artificial restrictions on who might be the complainants and what they might complain about? Among the possible complainants would be suppliers such as farmers, through the National Farmers' Union, or other retailers through the British Retail Consortium. Why restrict them in any way from making complaints to the groceries adjudicator if he or she is to have any real power over the exacting power of supermarkets that exists at the moment?
My Lords, does not the Minister agree that the power of supermarkets is such that there should not be any artificial restrictions on who might be the complainants and what they might complain about? Among the possible complainants would be suppliers such as farmers, through the National Farmers' Union, or other retailers through the British Retail Consortium. Why restrict them in any way from making complaints to the groceries adjudicator if he or she is to have any real power over the exacting power of supermarkets that exists at the moment?
Asked by
Lord Borrie
(Labour)
Oral questions - Supplementary
Status
Answered
Answered on
20 March 2012
I agree with the noble Lord and that is why anybody will be able to complain.
Subjects
Complaints; Codes of practice; Supermarkets; Trade associations; Groceries Code Adjudicator
Date
20 March 2012
Reference
736 c740
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, does the Minister agree that whatever reorganisation of the competition authorities is to take place in the future, adequate resources must be made available to ensure that there is effective combating of price-fixing cartels and other anti-competitive practices? Does she also agree that in relation to the cases referred to by the noble Lord, Lord Naseby, the record shows that, on the matter of liability as distinct from the precise amount of penalty, the OFT has been upset on appeal to the Competition Appeal Tribunal only relatively rarely? It has admittedly been told by the Competition Appeal Tribunal that the amount of penalty is sometimes too large and has been reduced. Since money has been referred to by the noble Lord, Lord Naseby, is it not the case that last year, and I think the year before, the OFT brought in some £60 million to the Exchequer from fines—fines that had been upheld by the Competition Appeal Tribunal?
My Lords, does the Minister agree that whatever reorganisation of the competition authorities is to take place in the future, adequate resources must be made available to ensure that there is effective combating of price-fixing cartels and other anti-competitive practices? Does she also agree that in relation to the cases referred to by the noble Lord, Lord Naseby, the record shows that, on the matter of liability as distinct from the precise amount of penalty, the OFT has been upset on appeal to the Competition Appeal Tribunal only relatively rarely? It has admittedly been told by the Competition Appeal Tribunal that the amount of penalty is sometimes too large and has been reduced. Since money has been referred to by the noble Lord, Lord Naseby, is it not the case that last year, and I think the year before, the OFT brought in some £60 million to the Exchequer from fines—fines that had been upheld by the Competition Appeal Tribunal?
Asked by
Lord Borrie
(Labour)
Oral questions - Supplementary
Status
Answered
Answered on
13 February 2012
The noble Lord, Lord Borrie, was of course director-general of the Office of Fair Trading when I chaired the National Consumer Council. I have enormous respect for his view and have listened carefully to what he has just said. As I said in my original Answer, one reason why we looked to merging the Office of Fair Trading and the Competition Commission is to make sure that they are right and fit for purpose for our times and that there are the right resources needed for the world that we face. There is no doubt about it that the Office of Fair Trading has had a wonderful reputation in the past, and we would like to think that the new merger, if it goes forward, will take forward the very best of the OFT and the very best of the Competition Commission.
Subjects
Office of Fair Trading
Date
13 February 2012
Reference
735 c545-6
Chamber / Committee
House of Lords chamber
House
House of Lords
The Minister referred to the growing significance of credit unions, and of consumer credit provided by the unions. What proportion of outstanding consumer credit at the present time is owed to credit unions? What proportion of the totality of consumer credit do they cover?
The Minister referred to the growing significance of credit unions, and of consumer credit provided by the unions. What proportion of outstanding consumer credit at the present time is owed to credit unions? What proportion of the totality of consumer credit do they cover?
Asked by
Lord Borrie
(Labour)
Oral questions - Supplementary
Status
Answered
Answered on
2 February 2012
The proportion is disappointingly small; it is 2 per cent. That compares with a figure of 44 per cent in the United States and 75 per cent in Ireland. It is a very small industry here. Our ambition is to double its size in the next five to seven years. Nevertheless, we need to look at various other financial instruments, particularly as we introduce universal credit.
Subjects
Credit unions
Date
2 February 2012
Reference
734 c1666
Chamber / Committee
House of Lords chamber
House
House of Lords
Will the Minister indicate whether she agrees that percentage rates, including the annual percentage rate for loans which are available for only a short period, are often highly misleading? Indeed, they may suggest that the costs are far higher than they really are. Does she agree that what is needed by the consumer is cost in pounds and pence for each day that the loan is available, and information on whether there are administration costs or other costs? That clarification would be much more helpful than a mere percentage sign and a number.
Will the Minister indicate whether she agrees that percentage rates, including the annual percentage rate for loans which are available for only a short period, are often highly misleading? Indeed, they may suggest that the costs are far higher than they really are. Does she agree that what is needed by the consumer is cost in pounds and pence for each day that the loan is available, and information on whether there are administration costs or other costs? That clarification would be much more helpful than a mere percentage sign and a number.
Asked by
Lord Borrie
(Labour)
Oral questions - Supplementary
Status
Answered
Answered on
10 January 2012
I have to agree with every word that the noble Lord has said. He is a past director of the Office of Fair Trading and extremely well informed on this matter and together we have done much work on it over the years. There is no doubt that the APR should be replaced, certainly with a total cost of credit. We know that APRs are not the clearest way to show exactly how much short-term loans, such as payday loans, cost. It sounds terribly frightening to hear the figure £2,000. However, as we know, people borrow this money for a short number of days. The information they want is how much the loan will cost them for the short number of days they need to borrow it. As I say, I agree completely with the noble Lord’s remarks.
Subjects
Disclosure of information; Consumers; Loans
Date
10 January 2012
Reference
734 c2
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, the Minister said that it will take up to six months for the Government to reply to the Law Commission’s report. Why should it be necessary to take so much time? As the noble Lord knows only too well from recent events, there is a new procedure for getting Law Commission reports through this House if legislation is required. Will not the Government’s delay make that so much more difficult?
My Lords, the Minister said that it will take up to six months for the Government to reply to the Law Commission’s report. Why should it be necessary to take so much time? As the noble Lord knows only too well from recent events, there is a new procedure for getting Law Commission reports through this House if legislation is required. Will not the Government’s delay make that so much more difficult?
Asked by
Lord Borrie
(Labour)
Oral questions - Supplementary
Status
Answered
Answered on
21 December 2011
My Lords, I understand that there is a protocol between the Government and the Law Commission that says that the Government have up to 12 months to give a provisional response to a Law Commission report.
Subjects
Inheritance tax
Date
21 December 2011
Reference
733 c1780
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, the Minister mentioned that public libraries are a matter for local authorities—yes, indeed. However, as my noble friend who initiated this Question said, the public libraries Act requires local authorities to provide an effective and efficient service. Magistrates in the West Country have recently ruled that the cuts in certain counties there are illegal because of the Act to which I have just referred. Does the Minister accept that decision, or does she think that there should be an appeal against it to try to justify these most unfortunate cuts?
My Lords, the Minister mentioned that public libraries are a matter for local authorities—yes, indeed. However, as my noble friend who initiated this Question said, the public libraries Act requires local authorities to provide an effective and efficient service. Magistrates in the West Country have recently ruled that the cuts in certain counties there are illegal because of the Act to which I have just referred. Does the Minister accept that decision, or does she think that there should be an appeal against it to try to justify these most unfortunate cuts?
Asked by
Lord Borrie
(Labour)
Oral questions - Supplementary
Status
Answered
Answered on
8 December 2011
The noble Lord, Lord Borrie, brings up the cuts once again. Libraries are the domain of the local authority. If the Secretary of State sees that there is undue reason for closing a public library, he can intervene. There is a form of testing that he looks at—it is not a fit-and-proper test, but he has the opportunity to investigate.
Subjects
Access; Children; Public libraries
Date
8 December 2011
Reference
733 c828-9
Chamber / Committee
House of Lords chamber
House
House of Lords
May I question the Minister’s view that diversity has been sufficiently practised by the Government and is being pushed in the way in which it is being pushed in discussion in this House? The most recent appointments to the UK Supreme Court were of two men: one came up the usual route from the Court of Appeal and was promoted; the other has not had any full-time judicial experience but is a distinguished Queen’s Counsel. Those are the most recent appointments, yet, as the Minister himself said, there are several women members of the Court of Appeal. Are they being sidelined?
May I question the Minister’s view that diversity has been sufficiently practised by the Government and is being pushed in the way in which it is being pushed in discussion in this House? The most recent appointments to the UK Supreme Court were of two men: one came up the usual route from the Court of Appeal and was promoted; the other has not had any full-time judicial experience but is a distinguished Queen’s Counsel. Those are the most recent appointments, yet, as the Minister himself said, there are several women members of the Court of Appeal. Are they being sidelined?
Asked by
Lord Borrie
(Labour)
Oral questions - Supplementary
Status
Answered
Answered on
16 November 2011
I do not think one should take a snapshot of the last two appointments and say that means that there is no diversity. There will be four appointments to the Supreme Court in the next 24 months. Let us wait and see.
Legislation
Constitutional Reform Act 2005
Subjects
Judges; Public appointments; Supreme Court
Date
16 November 2011
Reference
732 c683
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, instead of charging workers for exercising their statutory rights to claim whatever it is that they want to claim for unfair dismissal, discrimination, et cetera, we should try to return to the position when employment and industrial tribunals started, replacing the courts to provide a more informal, less costly and simpler system to operate so that people would have the opportunity to put their case to a body that could deal with matters free of charge without incurring the sort of expense now being suggested.
My Lords, instead of charging workers for exercising their statutory rights to claim whatever it is that they want to claim for unfair dismissal, discrimination, et cetera, we should try to return to the position when employment and industrial tribunals started, replacing the courts to provide a more informal, less costly and simpler system to operate so that people would have the opportunity to put their case to a body that could deal with matters free of charge without incurring the sort of expense now being suggested.
Asked by
Lord Borrie
(Labour)
Oral questions - Supplementary
Status
Answered
Answered on
19 October 2011
My Lords, I fully endorse the growl of approval from the Benches opposite but this is precisely the argument that we will have again and again in the weeks and months to come. The problem is that a system that started off as a non-confrontational, non-legal settlement of disputes has become peopled by m’learned friends at great expense. We are trying to move away from a legalistic approach to settling disputes to one that will settle more by arbitration, conciliation and mediation.
Subjects
Employment Tribunals Service; Fees and charges
Date
19 October 2011
Reference
731 c287
Chamber / Committee
House of Lords chamber
House
House of Lords
I would like to think that the heart of the noble Baroness was in the right place but she has not actually indicated whether, for example, she agrees with me that public libraries are a vital asset for education and recreational purposes. Local authorities should regard them as of great importance, because being local is the essence of the thing. As the author Alan Bennett said the other day, it is no good people having a library if they have to go on an expedition in order to access the books. Does the noble Baroness agree that the public libraries Act imposes a statutory duty on the Secretary of State—and therefore, I suggest, Ministers and not just officials—to ensure that local authorities provide an effective and efficient library service?
I would like to think that the heart of the noble Baroness was in the right place but she has not actually indicated whether, for example, she agrees with me that public libraries are a vital asset for education and recreational purposes. Local authorities should regard them as of great importance, because being local is the essence of the thing. As the author Alan Bennett said the other day, it is no good people having a library if they have to go on an expedition in order to access the books. Does the noble Baroness agree that the public libraries Act imposes a statutory duty on the Secretary of State—and therefore, I suggest, Ministers and not just officials—to ensure that local authorities provide an effective and efficient library service?
Asked by
Lord Borrie
(Labour)
Oral questions - 1st Supplementary
Status
Answered
Answered on
12 September 2011
My Lords, yes, I read that piece by Alan Bennett, which was absolutely right. The public libraries Act 1964, which the noble Lord, Lord Borrie, mentions, does say that there is a public duty to keep comprehensive and efficient libraries open. Of course, we know how important libraries are because we have the wonderful Library—even though it is private—here in the House of Lords, which is a treasured privilege. Most people understand that libraries are special places and not just facilities. They provide access to considerable electronic information as well as books.
Subjects
Closures; Public libraries
Date
12 September 2011
Reference
730 c495
Chamber / Committee
House of Lords chamber
House
House of Lords
To ask Her Majesty’s Government what discussions they have had with local authorities about the closure of public libraries.
To ask Her Majesty’s Government what discussions they have had with local authorities about the closure of public libraries.
Asked by
Lord Borrie
(Labour)
Answered by
Baroness Rawlings
(Conservative)
Oral questions - Lead
Status
Answered
For answer on
12 September 2011
Answered on
12 September 2011
My Lords, DCMS officials have had discussions with local council officers from Gloucestershire, Lewisham, Somerset, Brent and the Isle of Wight. They have considered the relevant evidence and circumstances. DCMS officials will continue to monitor changes to these and other library services carefully.
Subjects
Closures; Public libraries
Date
12 September 2011
Reference
730 c495
Chamber / Committee
House of Lords chamber
House
House of Lords
I wonder whether the noble Lord could show a little more enthusiasm for mutualisation as a most desirable method of organising and purveying financial services. That would give the Government a chance to distance themselves from the sad period of the 1980s, when far too many building societies moved away from mutualisation, with a lot of risky business being pursued thereafter.
I wonder whether the noble Lord could show a little more enthusiasm for mutualisation as a most desirable method of organising and purveying financial services. That would give the Government a chance to distance themselves from the sad period of the 1980s, when far too many building societies moved away from mutualisation, with a lot of risky business being pursued thereafter.
Asked by
Lord Borrie
(Labour)
Oral questions - Supplementary
Status
Answered
Answered on
30 June 2011
I have made clear on this and previous occasions that the Government regard mutualisation as a desirable model. It would be wrong to say that it is the best model, as the noble Lord has suggested, but, indeed, we want to see variety of provision of financial services in this country by organisations with different models, of which mutualisation should be one.
Subjects
Northern Rock plc
Date
30 June 2011
Reference
728 c1857
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, I thank the Minister for her Answer. I wonder whether she fully appreciates the value over 600 years of the unpaid magistracy in England and Wales. The closure of many courts is bound to lead to increased costs to parties and to witnesses and to make access to justice more difficult. Might it not be better to enhance magistrates’ courts rather than reduce their significance by, for example, adding other items in the Government's programme, where there should be adequate facilities for pursuing arbitration, consumer complaints, and so on? The policy is leading to increased costs, not reduced costs.
My Lords, I thank the Minister for her Answer. I wonder whether she fully appreciates the value over 600 years of the unpaid magistracy in England and Wales. The closure of many courts is bound to lead to increased costs to parties and to witnesses and to make access to justice more difficult. Might it not be better to enhance magistrates’ courts rather than reduce their significance by, for example, adding other items in the Government's programme, where there should be adequate facilities for pursuing arbitration, consumer complaints, and so on? The policy is leading to increased costs, not reduced costs.
Asked by
Lord Borrie
(Labour)
Oral questions - 1st Supplementary
Status
Answered
Answered on
14 June 2011
I thank the noble Lord for that question, but I think that he is not right. Where courts are located has depended very much on historic chance. As things have changed, as demography has changed, as people have become more mobile, it makes sense to look at where those courts are. Where courts are too close to each other, it makes no sense to have an underutilised facility. Far better, as is planned under this programme, to make sure that we have newer courts which build in the kind of facilities that the noble Lord has just talked about, so that we can improve the estate rather than diminish it. Overall, there are major savings to be had by that, some of which can then be ploughed back into those improved courts.
Subjects
Costs; Closures; Magistrates' courts
Date
14 June 2011
Reference
728 c651
Chamber / Committee
House of Lords chamber
House
House of Lords
To ask Her Majesty’s Government what representations they have received about proposals to close a number of magistrates’ courts in England and Wales.
To ask Her Majesty’s Government what representations they have received about proposals to close a number of magistrates’ courts in England and Wales.
Asked by
Lord Borrie
(Labour)
Answered by
Baroness Northover
(Liberal Democrat)
Oral questions - Lead
Status
Answered
For answer on
14 June 2011
Answered on
14 June 2011
My Lords, public consultation took place last summer on proposals to reform the court estate in England and Wales. More than 2,500 responses were received. The decisions to close 93 magistrates’ courts and 49 county courts were announced last December.
Subjects
Closures; Magistrates' courts
Date
14 June 2011
Reference
728 c651
Chamber / Committee
House of Lords chamber
House
House of Lords
Will the Minister consider asking Ofcom to specify a quota for children’s programmes? It could, of course, be updated from time to time. It would also ensure, in the public interest, that there is a sufficiency of children’s programmes. I think that that is something that the noble Baroness, Lady Benjamin, would like to see.
Will the Minister consider asking Ofcom to specify a quota for children’s programmes? It could, of course, be updated from time to time. It would also ensure, in the public interest, that there is a sufficiency of children’s programmes. I think that that is something that the noble Baroness, Lady Benjamin, would like to see.
Asked by
Lord Borrie
(Labour)
Oral questions - Supplementary
Status
Answered
Answered on
16 May 2011
My Lords, I am sure that my noble friend Lady Benjamin and the noble Lord, Lord Borrie, would like to have more programmes for children, and more money going into those programmes. However, Ofcom is independent and it would be wrong if we started to try to influence it in any way.
Subjects
Advertising; Commercial broadcasting; Income; Television
Date
16 May 2011
Reference
727 c1138-9
Chamber / Committee
House of Lords chamber
House
House of Lords
My Lords, can the Minister now answer properly the question of my noble friend Lord Tomlinson by indicating whether she and the Government are indeed in favour of the mutual approach to which he referred?
My Lords, can the Minister now answer properly the question of my noble friend Lord Tomlinson by indicating whether she and the Government are indeed in favour of the mutual approach to which he referred?
Asked by
Lord Borrie
(Labour)
Oral questions - Supplementary
Status
Answered
Answered on
12 May 2011
My Lords, there is always value in mutualisation in various areas. I am not going to comment on the question that was raised; I have replied to it as I can. The relationships between people in local communities are invaluable.
Subjects
Community development; Church of England; Voluntary work
Date
12 May 2011
Reference
727 c978
Chamber / Committee
House of Lords chamber
House
House of Lords