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Financial Services and Markets Bill - Sitting 5

27 October 2022

Proposing MP
Basingstoke
Type
Public Bill Committee

At a Glance

Issue Summary

The statement discusses the Financial Services and Markets Bill, focusing on clauses related to regulating digital settlement assets used for payments. The Minister discusses the Government's approach to regulating stablecoins and digital settlement assets under the Financial Services and Markets Bill. Maria Miller discusses the Financial Services and Markets Bill's Clause 23, which enables changes to domestic regulation through secondary legislation to give effect to mutual recognition agreements (MRAs) with other countries. Maria Miller is leading discussions on amendments related to the competitiveness and growth objective in the Financial Services and Markets Bill. The statement discusses the competitiveness duty within the Financial Services and Markets Bill, specifically clause 24. The statement discusses the introduction of new secondary objectives for the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) under the Financial Services and Markets Bill to support economic growth and international competitiveness. The statement addresses the introduction of clauses 25 and 26 in the Financial Services and Markets Bill, which aim to incorporate a new regulatory principle for financial regulators to contribute towards achieving compliance with the UK's net zero emissions target. The discussion centres around clauses 25 and 26 of the Financial Services and Markets Bill, focusing on incorporating net zero targets into financial services law and addressing concerns over greenwashing. The statement addresses concerns raised about the Financial Services and Markets Bill regarding climate goals, nature's role in carbon ecosystems, and the UK's position as a leader in green finance. The statement discusses proposed legislative changes requiring financial regulators (FCA and PRA) to regularly review their rules and provide transparency on how these reviews will be conducted. The statement addresses the proposed intervention power within the Financial Services and Markets Bill, aiming to provide regulatory oversight in financial services.

Action Requested

The Government proposes extending payment systems legislation to include digital settlement asset payment systems and service providers under regulation by the Bank of England and the Payment Systems Regulator. Secondary legislation will give regulators powers over these systems to mitigate risks and manage stability issues. The affirmative procedure applies to statutory instruments amending the definition of 'digital settlement asset'.

Key Facts

  • The Government aims to bring certain cryptoassets and distributed ledger technology within regulatory perimeter.
  • Clause 21 extends payment system legislation for digital settlement asset payment systems and service providers regulated by the Bank of England and Payment Systems Regulator.
  • Secondary legislation under clause 22 will give regulators powers over payment systems and service providers to manage risks and stability issues.
  • The Bill starts with regulating stablecoins and those most likely to be used as a means of settlement.
  • A consultation will take place before Parliament rises for Christmas.
  • Secondary powers in the Bill are subject to the affirmative procedure, allowing the definition to change over time.
  • Clause 23 enables changes to domestic regulation through secondary legislation.
  • The UK is negotiating its first financial services MRA with Switzerland.
  • Parliament will scrutinise MRAs in the usual way before implementing ratified agreements.
  • The amendments aim to modify clause 24 in the Financial Services and Markets Bill.
  • The change from 'facilitating' to 'promoting' is proposed in amendments 46 and 47.
  • London trade bodies suggest that some regulatory costs are up to 14 times higher than in other global markets.
  • Clause 24 introduces a competitiveness duty for regulators.
  • Singapore has regulations that have attracted more firms compared to UK regulations, resulting in an estimated loss of $700 million.
  • TheCityUK calls for the elected Government and parliamentarians to require regulators to report performance against specific criteria.
  • Clause 24 introduces new secondary objectives for the FCA and PRA to facilitate growth and competitiveness.
  • These objectives are subordinate and secondary to financial stability and prudential objectives.
  • Respondents to a future regulatory framework review consultation supported the Government’s proposal.
  • The Government remains committed to reaching net zero greenhouse gas emissions by 2050 as set out in section 1 of the Climate Change Act 2008.
  • Clause 25 introduces a new regulatory principle for the FCA and PRA, which is to have regard to the need to contribute towards achieving compliance with section 1 of the Climate Change Act 2008.
  • Clause 26 requires the FCA and PRA to explain how they advanced the new growth and competitiveness objectives in their annual reports to the Treasury.
  • The UK aims to reach net zero by 2050.
  • Clause 26 amends FSMA 2000 regarding the content of annual reports.
  • Research suggests the UK has half the penetration of green finance as the EU and is lagging behind four years ago's EU levels.
  • Hon. Member for Kingston upon Hull West and Hessle raised concerns about nature's role in climate goals.
  • Think-tank research found that green finance penetration in the UK is half that of the EU, roughly where the EU was four years ago.
  • The MP will write to Tulip Siddiq to set out his case regarding the UK's position on green finance.
  • Clause 27 of the Financial Services and Markets Bill introduces new sections in FSMA 2000.
  • The FCA and PRA are required to keep their rules under regular review after implementation.
  • Public consultations on rule reviews will be conducted by the regulators.
  • The Bill provides new powers to UK regulators previously held by Brussels.
  • Industry participants consulted widely view the intervention power as proportionate and potentially required.
  • The proposed power does not interfere with operational independence of regulators or the scope of the Monetary Policy Committee.
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