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Type
Impact assessments
Date
15 April 2009
Reference
RIA 09/64

That the draft legislative reform order laid before the House on 4 December 2008 be approved. Relevant Document: First report from the Regulatory Reform Committee.

Member
Lord Brett (Labour)
Type
Proceeding contributions
Date
2 April 2009
Reference
709 c1235
House
House of Lords

My Lords, when I first looked at this comparatively modest and small document I was filled with that dread that usually comes across you when you think "It can’t be this straightforward, can it?" The Commons debates on the subject were prolonged and about procedural purposes, and I concluded that...

Member
Lord Addington (Liberal Democrat)
Type
Proceeding contributions
Date
2 April 2009
Reference
709 c1238
House
House of Lords

My Lords, I thank noble Lords for their contributions to the debate. I sense some cynicism; perhaps we all become infected by it in the daily grind of politics, but I think that on this occasion it is misplaced. On the question of this measure coming before other instruments, the...

Member
Lord Brett (Labour)
Type
Proceeding contributions
Date
2 April 2009
Reference
709 c1238-40
House
House of Lords

My Lords, the order will amend the advertising requirements in the Insolvency Act 1986 in relation to voluntary liquidations. This House will already be aware of the real help that we are offering businesses and those struggling to make ends meet during this time of economic difficulty. The order will...

Member
Lord Brett (Labour)
Type
Proceeding contributions
Date
2 April 2009
Reference
709 c1235-6
House
House of Lords

My Lords, I thank the Minister for introducing this draft order. I am sure that many of your Lordships approve of measures to reduce red tape, so the Government are to be congratulated on at least trying. However, needless to say, there are one or two matters that I should...

Member
Lord De Mauley (Conservative)
Type
Proceeding contributions
Date
2 April 2009
Reference
709 c1236-8
House
House of Lords

Draft Legislative Reform (Insolvency) (Advertising Requirements) Order 2009. Lords debate on a motion to approve. Agreed to on question.

Lead member
Lord Brett
Answering member
Lord De Mauley
Type
Debates on delegated legislation
Date
2 April 2009
Reference
709 c1235-40
House
House of Lords

Before the Minister moves on from that point, can he indicate whether the timetable mentioned to the Chairman of the Select Committee for the order to be introduced during April is realistic, or whether he expects the process to take longer, and if so, how much longer?

Member
John Penrose (Conservative)
Type
Proceeding contributions
Date
19 March 2009
Reference
489 c1094
House
House of Commons

There are rules governing charges, which I will come on to, but certainly the motivation behind the order is to increase the pot of money that is available to creditors. As I was saying before the hon. Gentleman intervened, the savings from the proposals, together with parallel changes that we...

Member
Pat McFadden (Labour)
Type
Proceeding contributions
Date
19 March 2009
Reference
489 c1075
House
House of Commons

That is a perfectly valid point. I stress that nothing in the order prevents an insolvency practitioner from using the local paper—and its website—if they think that that is the best route by which to reach people. We are changing the requirement in legislation that they must place such adverts...

Member
Pat McFadden (Labour)
Type
Proceeding contributions
Date
19 March 2009
Reference
489 c1077
House
House of Commons

May I first declare an interest? I own a small newsagent's in Swansea. I thought that I would cover myself just in case I said something in favour of local papers in this debate—or in the next one, for that matter. I should like to pass on apologies from my...

Member
Nigel Evans (Conservative)
Type
Proceeding contributions
Date
19 March 2009
Reference
489 c1088-9
House
House of Commons

I do not propose to go over all the exchanges between officials on this matter. I believe that dialogue did take place, and my concern is to ensure that the savings identified in this order, taken in the context of the wider changes to insolvency rules that we propose, are...

Member
Pat McFadden (Labour)
Type
Proceeding contributions
Date
19 March 2009
Reference
489 c1078
House
House of Commons

The point about the order is that it gives both the companies involved and the insolvency practitioners the flexibility to choose the best medium for reaching the people whom they wish to reach. Obviously, in the age of digital communication and wider trade patterns, the local paper may not always...

Member
Pat McFadden (Labour)
Type
Proceeding contributions
Date
19 March 2009
Reference
489 c1076-7
House
House of Commons

It is good to be able to support many of the comments made by the Regulatory Reform Committee Chairman, my hon. Friend the Member for Ellesmere Port and Neston (Andrew Miller). As we have heard, we are not discussing one of those matters of national importance that we often debate...

Member
Gordon Banks (Labour)
Type
Proceeding contributions
Date
19 March 2009
Reference
489 c1086-8
House
House of Commons

The House may be aware of my interest in procedural issues. I am a bit of a glutton for punishment and am attending this debate wearing two hats—one as my party's temporary Front-Bench spokesman on these matters, and the second as a member of the Regulatory Reform Committee. I also...

Member
John Hemming (Liberal Democrat)
Type
Proceeding contributions
Date
19 March 2009
Reference
489 c1083-4
House
House of Commons

I should point out to the hon. Gentleman that HMRC has not been a preferential creditor since 2003.

Member
Pat McFadden (Labour)
Type
Proceeding contributions
Date
19 March 2009
Reference
489 c1084
House
House of Commons

That may be the case, but, as I said, the fees will be governed by the courts. I stress that the proposal in the order is not about increasing fees for liquidators, but increasing the pot of money that is available to creditors.

Member
Pat McFadden (Labour)
Type
Proceeding contributions
Date
19 March 2009
Reference
489 c1076
House
House of Commons

Insolvency fees may be managed through the creditors' committee, but does my right hon. Friend the Minister agree that it is often very difficult to get creditors to serve on those committees and therefore to provide the adequate scrutiny?

Member
Gordon Banks (Labour)
Type
Proceeding contributions
Date
19 March 2009
Reference
489 c1075-6
House
House of Commons

I paid particular attention to my right hon. Friend the Minister's last statement about his expectations. For the avoidance of doubt, I want to be clear that he is saying that he, as a Minister of the Crown, expects this saving to be passed on to creditors and not to...

Member
Andrew Miller (Labour)
Type
Proceeding contributions
Date
19 March 2009
Reference
489 c1076
House
House of Commons

I am sorry to stop the hon. Gentleman in flow, but his breakdown of the £600 does not work in practice, because it depends who is a secured creditor and who is an unsecured creditor. The £600 will go to the secured creditors. It will not end up in the...

Member
Gordon Banks (Labour)
Type
Proceeding contributions
Date
19 March 2009
Reference
489 c1093
House
House of Commons