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Financial Services Bill - Sitting 2
17 November 2020
Type
Public Bill Committee
At a Glance
Issue Summary
The statement discusses the Financial Services Bill's measures to introduce a more proportionate regime for overseas funds accessing the UK based on equivalence. The discussion centres on the Financial Services Bill and its implications for financial regulations and equivalence between the UK and EU. Chris Cummings discusses the challenges and implications of the PRIIPs Key Information Document (KID) on financial services disclosure. Chris Cummings discusses the challenges and compromises in regulatory alignment between the EU and US, focusing on the MiFID approach to research costs and the importance of protecting delegation of portfolio management for the UK's investment management industry. The statement discusses the Financial Services Bill and its implications for the UK financial services sector. Rupa Huq addresses concerns about regulatory oversight and scrutiny in the context of the Financial Services Bill. The statement addresses concerns regarding regulatory scrutiny and transparency within financial services regulation following the transfer of powers from the EU to UK regulators. MPs discuss concerns about potential regulatory divergence between the EU and UK post-Brexit, focusing on financial services regulation and competition. Rupa Huq is chairing a panel discussion on the Financial Services Bill and welcoming witnesses from the Association for Financial Markets in Europe. The statement discusses the implications of transitioning away from LIBOR and the need for equivalence recognition between EU and UK financial services companies. The discussion focuses on the impact of Brexit on UK-EU alignment in financial services regulations and the future direction of such regulations. Rupa Huq discusses concerns about the European Union's stance on financial regulation and market openness following the UK's significant role in regulatory formation. Rupa Huq is wrapping up a session with witnesses from the financial industry regarding the Financial Services Bill. The statement discusses the Financial Services Bill and its impact on investment firms, particularly private equity and venture capital advisory entities. Rupa Huq introduces Peter Tutton from StepChange Debt Charity to discuss measures in the Financial Services Bill, focusing on statutory debt repayment plans and transferring Help-to-Save bonuses. The speaker discusses new debt schemes and the Help-to-Save provision. The statement discusses concerns about the duration of the breathing space period for individuals in financial difficulty and the need for additional protections against debt enforcement during the pandemic. The discussion revolves around communication strategies for individuals with help-to-save accounts and the potential benefits of extending account durations, along with considerations on implementing a legal duty of care in financial services. Peter Tutton discusses the impact of creditors on clients' financial recovery and the need for protection under the debt repayment plan. Rupa Huq is addressing the Financial Services Bill and discusses the breathing space scheme for debt relief. The statement is about concluding the oral evidence session for the day and thanking witnesses.
Action Requested
Chris Cummings from the Investment Association supports the measure and highlights its importance for consumer choice and competition in the fund market. He notes that the current regime allows access to around 9,000 funds for UK investors and emphasizes the need for continued industry efforts to encourage ESMA and the European Commission to recognize the UK as equivalent.
Key Facts
- The Investment Association represents UK-based fund managers with an industry value of £8.5 trillion.
- Around 9,000 funds are currently available to UK investors through the current regime.
- The UK manages around 37% of Europe’s assets, facilitated by measures such as this proposed regulatory change.
- Section 272 is being reviewed and a new proposal allows the FCA to assess fund structures across the board rather than individual funds.
- The Financial Services Bill incorporates a significant body of EU law into UK law.
- It sets up an overseas fund regime granting country-specific equivalence decisions to the Treasury.
- 37% of Europe’s assets are managed in the UK.
- PRIIPs KID methodology led to pro-cyclical reporting that was considered deeply misleading.
- The industry lobbied against the introduction of PRIIPs KID into open-ended funds due to its impact on millions of people in the UK and Europe.
- There is a need for an outcome-based approach rather than prescriptive rules to reduce costs and navigation challenges between two sets of regulatory requirements.
- MiFID approach in the EU suggested all research had to be paid for by investment managers.
- US regulations found such payments illegal.
- Investment management industry relies on public information and quality audits.
- Cummings offers to review the Bill section related to audit firms' relationships and propose improvements if needed.
- ARGA (Audit Regulator) is proposed as a statutory independent regulator.
- Emma Reynolds represents TheCityUK which supports the UK financial services industry.
- TheCityUK employs 2.3 million people, two thirds of whom are based outside London.
- Emma highlights that while the Bill is a welcome first step, there is a need for an overall strategy to address broader issues such as access to skills and talent from abroad.
- Rupa Huq is speaking as part of the Scottish National party.
- The discussion revolves around the Financial Services Bill and its implications for regulatory oversight.
- Catherine McGuinness mentions a proposal for a joint Select Committee on financial regulation to enhance scrutiny.
- The International Regulatory Strategy Group (IRSG) is a cross-sectoral group providing recommendations.
- The Bill is seen as a first step towards an overarching strategy for financial services.
- TheCityUK recommends working towards implementing EU capital regulation requirements and requires further guidance from the Government on CRR II.
- EU has advanced its own taxonomy for green finance.
- The UK is looking at developing its own taxonomy.
- There is a risk of regulatory divergence from both sides as they exercise autonomy post-Brexit.
- Global standards are critical to avoid a 'race to the bottom'.
- The FCA is conducting a review under new leadership.
- Adam Farkas is CEO of AFME, representing banks from various jurisdictions that do business in the UK and EU.
- Constance Usherwood is director of prudential regulation at AFME.
- The panel discusses the role of the UK in shaping EU financial services regulations.
- The Financial Services Bill gives the FCA new powers to direct the administrator to change the methodology of LIBOR during wind-down periods.
- Equivalence determinations provide legal framework for access between jurisdictions; lack thereof limits market access for UK-based firms in EU markets.
- Preparing for no equivalence involves setting up entities within the EU to continue serving clients, which incurs costs and operational implications.
- The Bill provides a framework for future UK financial regulation but does not guarantee alignment with EU policy recommendations.
- Legacy contracts and LIBOR transition are under FCA's global co-ordination process.
- Climate risk is not currently considered in prudential regulation by the Basel framework.
- Rupa Huq addresses concerns about potential EU protectionism in financial regulation.
- The Financial Services Bill aims to delegate rule-making powers to authorities like PRA and FCA.
- Advocacy for maintaining open markets and consistent implementation of global standards is emphasized.
- Rupa Huq thanks the two previous witnesses for their evidence.
- Gurpreet Manku is introduced as deputy director general and director of policy at the British Private Equity and Venture Capital Association (BVCA).
- The BVCA represents over 300 private equity and venture capital firms in the UK.
- UK regulated private equity and venture capital firms under alternative investment fund managers directive and MiFID.
- Advisory entities will face higher capital requirements under the new regime.
- The target implementation date is January 2022, providing time for consultation and adaptation.
- Peter Tutton is head of policy at StepChange Debt Charity.
- The statutory debt repayment plan is discussed as a key option during an eight-week moratorium period for individuals in financial difficulty.
- Rupa Huq facilitates a panel discussion on the Financial Services Bill until 5 o'clock.
- The new debt protection schemes will offer guarantees against collections activity and enforcement action.
- Help-to-Save allows people to save up to £50 per month for four years, with a government transfer of £600 after two years if they save £1,200.
- The speaker suggests ensuring that savers are automatically moved into a secure NS&I account to prevent disengagement.
- The breathing space period is currently set up but may be nervous about extending it.
- There are concerns over the adequacy of funding for statutory debt repayment plans, currently at around 9%.
- The impact of Covid has led to increased unemployment and debt burdens, while some people have become better off due to reduced spending.
- There are approximately 222,000 help-to-save accounts with £85 million in them.
- The Government should ensure clear communication about the transition for people on universal credit and tax credits.
- Extending account durations could benefit lower-income savers by providing more time to accumulate savings and bonuses.
- A legal duty of care is supported as a means to prevent exploitation of vulnerable consumers in financial services.
- Clients often have multiple creditors, averaging about five or six.
- Creditors' good practice can be destabilised by just one aggressive creditor pushing for unaffordable payments.
- The debt arrangement scheme in Scotland provides a statutory framework that reduces clients' anxiety and supports recovery.
- The breathing space scheme aims to provide temporary protection from creditors.
- Debt relief orders and bankruptcy are discussed as potential debt solutions.
- Fees for bankruptcy and debt relief orders can be a barrier for individuals with low incomes.
- The Committee held eight evidence sessions today.
- Further consideration is adjourned until Thursday 19 November at half-past Eleven o'clock.
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