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Financial Services Bill - Sitting 4

19 November 2020

Proposing MP
Ealing Central and Acton
Type
Public Bill Committee

At a Glance

Issue Summary

The statement discusses the Financial Services Bill and its provisions regarding access arrangements between the UK and Gibraltar for financial services firms. The statement addresses concerns raised by Alison Thewliss regarding the Financial Services Bill, particularly the impact on British consumers using Gibraltarian financial firms and the importance of maintaining access to the Financial Ombudsman Service. Rupa Huq is chairing a session with Duncan Hames from Transparency International regarding the Financial Services Bill and its impact on transparency and anti-corruption measures. The discussion centres around the implementation of 'failure to prevent' offences in economic crime and improvements in anti-money laundering (AML) supervision. The statement discusses the slow progress in implementing anti-money laundering measures and the need for legislative action to address deficiencies in regulatory oversight. The statement discusses beneficial ownership transparency and the implementation challenges faced by Britain's overseas territories, highlighting the need for further legislative measures to ensure compliance. The statement discusses the adequacy of current fines imposed by professional bodies and HMRC for financial misconduct, suggesting that these fines are not commensurate with the level of offending. Rupa Huq introduces Jesse Griffiths and Fran Boait to provide evidence on financial system reforms and engages them in a discussion about regulatory powers. The statement discusses the Financial Services Bill and concerns over regulatory accountability and transparency. The statement discusses the integration of environmental, social, and governance (ESG) goals into the financial regulation framework outlined in the Financial Services Bill. The speaker discusses the importance of greater scrutiny and oversight for the Financial Services Bill through the establishment of a Joint Committee or similar body. Rupa Huq addresses the Financial Services Bill and discusses the importance of accountability, environmental priorities, and the need for regulatory oversight in the financial sector. The statement addresses the need for financial institutions to hold higher capital against loans to high-carbon sectors to price in climate risk and ensure financial stability. Rupa Huq thanks the witnesses for their evidence and introduces the final panellist. The statement discusses the relationship between Gibraltar and the United Kingdom regarding financial services and the provisions of the Financial Services Bill. The statement discusses the growth of financial services businesses in Gibraltar, focusing on motor insurance and regulatory standards. The statement concludes the fourth and final evidence session of the Financial Services Bill Committee, thanking the Gibraltar Minister for their participation.

Action Requested

No specific action is requested. The discussion highlights the importance of maintaining a level playing field in regulation between the UK and Gibraltar, addressing concerns about conduct rules at an international level, and considering the implications for UK-based insurance companies relocating to Gibraltar.

Key Facts

  • Approximately 20% of the British motor insurance market is serviced by firms from Gibraltar.
  • The Association of British Insurers has reservations about setting conduct rules at an international level due to differing consumer expectations in different countries.
  • There are no significant tax advantages for UK-based companies relocating to Gibraltar, except for a small value-added tax advantage.
  • British consumers using Gibraltarian firms will have access to the Financial Ombudsman Service.
  • Gibraltar-based firms operating in the UK are subject to FCA conduct rules.
  • The UK market tends to buy insurance online or through independent financial advisers, unlike Europe where it is typically done in local shops or banks.
  • Duncan Hames is the director of policy at Transparency International UK.
  • The Financial Services Bill aims to enhance regulatory duties around money laundering and anti-corruption measures.
  • There is a suggestion to expand the 'failure to prevent' offence model to areas like tax evasion and other economic crimes.
  • The Government took over three years to respond to a call for evidence on failing to prevent economic crime.
  • There are 14 supervisory bodies for the accountancy sector alone, indicating fragmentation in AML supervision.
  • Fines imposed by HMRC for money laundering offenses are typically less than £2000 and may be lower than transaction fees or commissions.
  • The police estimate that the impact of money laundering on the UK economy is approximately £100 billion annually.
  • The fifth anti-money laundering directive has been transposed into UK law.
  • The economic crime plan aims to bring public and private sector enforcement closer together.
  • A consultation on reforming Companies House is ongoing, expected in the Queen’s Speech.
  • There are currently 25 anti-money laundering supervisors across various sectors.
  • The Sanctions and Anti-Money Laundering Act placed a duty on Ministers concerning Britain’s overseas territories.
  • British Virgin Islands made a statement with numerous reservations and conditions attached.
  • Companies House is undergoing cultural change due to new directions and anticipated legislation.
  • Scottish limited partnerships can have corporate partners registered in jurisdictions where beneficial ownership is not clear.
  • Fines imposed by professional bodies and HMRC for financial misconduct are often less than £1,000.
  • The UK is recognised as an active enforcer of anti-bribery laws but comes close to losing its top ranking.
  • Lisa Osofsky, the director of the Serious Fraud Office, describes the current system as antiquated and hamstrung.
  • Rupa Huq introduces Jesse Griffiths from Finance Innovation Lab.
  • Fran Boait is the executive director of Positive Money.
  • The discussion focuses on how civil society organisations engage with financial regulators.
  • The global financial crash cost Britain £7.4 trillion according to Andy Haldane, chief economist at the Bank of England.
  • The Financial Services and Markets Act 2000 introduced an outcome-based approach with technical standards.
  • A review is underway for 12 weeks to look holistically at the constitutional relationship between the Treasury, Parliament, and regulators.
  • The Bill sets new accountability frameworks for regulators in schedules 2 and 3.
  • HSBC and Barclays have funnelled about £158 billion into fossil fuels since the signing of the Paris agreement.
  • The funding gap for small and medium-sized businesses is £20 billion, according to Andy Haldane's speech.
  • The UK's financial sector is at a crossroads with respect to international competitiveness versus domestic needs.
  • There are amendments tabled for annual reviews of capital regulation requirements.
  • A proportionate regulatory regime for mutual banks would be beneficial but was not included in the Bill.
  • The Financial Services Bill lacks mention of environmental priorities.
  • Amendments 20 and 24 are supported by Rupa Huq for addressing environmental issues.
  • Penalties for large organizations failing to carry out environmental risk assessments are discussed.
  • Financial institutions would have to hold higher capital against loans to high-carbon sectors.
  • The Financial Policy Committee recognises climate risk as significant for financial stability.
  • Similar measures exist in the housing system but do not completely solve systemic issues.
  • Rupa Huq thanked Jesse and Fran for their evidence.
  • The final panel member is ready to speak.
  • When the UK joined the European Union in 1973, Gibraltar also became part of the EU as a result.
  • For many years up until 2001, Gibraltar strived to enjoy the benefits of EU membership while adhering to its directives and regulations.
  • In insurance services, which is the largest area of interest between UK and Gibraltar, an independent contractor was engaged by both governments to conduct a detailed gap analysis to ensure aligned standards.
  • Gibraltar’s financial services legislation has been consolidated into one Financial Services Bill encompassing all areas.
  • Section 20(2) of the Financial Services Bill refers to aligning the Gibraltar regulatory regime's standards and supervisory practices with those of the UK.
  • About 90% of Gibraltar’s financial services business before Brexit was with the United Kingdom.
  • Gibraltar's motor insurance market has grown to represent 20% of the UK market over a 15-year period.
  • The corporate tax rate in Gibraltar is 10%, compared to 19% in the UK.
  • Regulatory accessibility and expertise are cited as key reasons for firms choosing to set up in Gibraltar.
  • The final evidence session of the day was concluded.
  • The next meeting is scheduled for Tuesday, 24 November at 09:25 am in Committee Room 14.
  • The Gibraltar Minister provided testimony about tax rates and market conditions.
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