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Financial Services Bill - Sitting 10
01 December 2020
Type
Public Bill Committee
At a Glance
Issue Summary
Philip Davies proposes amendments to the Financial Services Bill to bring forward the start date of the Debt Respite Scheme and extend the duration of the Breathing Space Moratorium. Stella Creasy discusses the importance of addressing problem debt in the UK, particularly focusing on the need for a breathing space scheme. Stella Creasy discusses the importance of addressing problem debt and the concept of a 'breathing space' to help individuals in financial difficulty. The statement discusses the challenges individuals face when trying to access financial support through welfare systems during times of debt. The statement addresses the Financial Services Bill's amendment related to breathing space for individuals in debt, specifically discussing the duration and effectiveness of this period. MP John Glen discusses the Financial Services Bill's provisions regarding debt respite schemes and breathing space moratoriums. The amendment aims to remove the requirement for debt advice providers to conduct a 'midway review' of debtor eligibility under the debt respite scheme. MP John Glen is addressing concerns about the Financial Services Bill's provisions for debt advice and breathing space regulations. The amendment proposes changes to the regulations for Statutory Debt Repayment Plans to include an assessment of debtors' resources, considering living standards equivalent to households in the second quintile of income distribution. MP Philip Davies is proposing several new clauses related to the Debt Respite Scheme, including reports on the scheme's implementation during the COVID-19 pandemic and a review of its impact on different sectors of society. The statement discusses a new clause that aims to implement a statutory debt repayment plan (SDRP) as part of the Financial Services Bill. Alison Thewliss is discussing new clauses 25 and 12 of the Financial Services Bill, focusing on the impact of debt during the pandemic and the need for a wider review of debt respite schemes. MP Pat McFadden acknowledges the work done by the Minister on the debt respite scheme and supports calls for a review of the scheme. The statement discusses the impact of COVID-19 on the debt respite scheme and proposes reports to assess its effectiveness, including a pilot no-interest loan scheme. The statement addresses amendments related to successor accounts for Help-to-Save savers. Philip Davies is proposing a new clause that requires the Treasury to publish an annual report on the Help to Save scheme. Abena Oppong-Asare is proposing a new clause for the Financial Services Bill that calls on the Government to prepare and publish an annual report on the Help to Save scheme. Stella Creasy is supporting new clauses in the Financial Services Bill to address savings policies and asset inequality. Philip Davies is addressing amendments to the PRIIPs Regulation within the Financial Services Bill. Pat McFadden discusses amendments related to PRIIPs and the key information documents (KIDs) for packaged retail and insurance-based investment products. John Glen discusses the amendment to include environmental, social, and governance standards in PRIIPs key information documents. Clause 34 addresses issues with the PRIIPs regulation to ensure consumer protection and improve disclosure standards for retail investors. Clause 36 clarifies the validity and legal effectiveness of financial collateral arrangements regulations introduced in 2003.
Action Requested
Davies is proposing legislative changes through new clause 11, which would amend the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) Regulations to move the start date from May 4, 2021, to January 31, 2021, and extend the duration of the Breathing Space Moratorium from 60 days to 12 months.
Key Facts
- The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) Regulations are proposed for amendment.
- Proposed start date change: '4th May 2021' to '31st January 2021'.
- Proposed duration extension of Breathing Space Moratorium from 60 days to 12 months.
- Half of the UK adult population went into 2020 with existing debt.
- Almost 5 million citizens owed more than £10,000 in unsecured personal debt.
- 40% of those polled said their debt was due to normal living expenses.
- Bank of England data shows £15.6 billion of household debt has been repaid since March.
- Credit card debt fell by 13% in the last year.
- Conservative estimates predict unemployment could rise to between 3 million and 4 million.
- New clause 11 addresses concerns about what happens when people seek help for their financial difficulties.
- The current timeline for dealing with new claims in the welfare system is 60 days.
- Debt advice providers support amendments that would make the breathing space process more flexible.
- The amendments aim to give discretion to debt advice providers to better address individual circumstances.
- Chris Woolard is conducting a review into high-cost credit models.
- The Government committed to a six-week moratorium breathing space period in their 2017 manifesto, later extended to 60 days through consultation.
- £37.8 million was allocated to the debt advice sector in May.
- The Government's regulations on the debt respite scheme were approved in October and by the Welsh Senedd in November.
- New clause 11 proposes commencing the breathing space scheme on January 31, 2021 instead of May 4, 2021.
- It also aims to extend a breathing space moratorium from 60 days to 12 months.
- The amendment follows a similar vein to amendment 34.
- 80 different debt advisers support the amendment.
- There will be a big increase in the number of people needing debt advice due to financial difficulties caused by unemployment and limited credit options.
- In Stella Creasy's constituency, 42% of constituents have become dependent on Government support in the last seven months.
- StepChange worries that a personal debt crisis is emerging because of covid, affecting 1.2 million people.
- Amendment 35 would restrict the Government's ability to require debt advisers to complete reviews in future regulations concerning breathing space or SDRP.
- Breathing space regulations were approved by the House in October, requiring a review after day 25 and before day 35 of the moratorium.
- The SDRP will be reviewed annually or when requested by a debtor.
- Amendment requires an assessment of the debtor’s resources before any debt repayment plan.
- The amendment suggests setting thresholds based on households in the second quintile of income distribution.
- Current cost to file for bankruptcy is £680, which can be prohibitive for many individuals.
- Thresholds were set in 2009 and do not account for inflation or current financial contexts.
- Monthly surplus income threshold for debt relief orders is less than £50 after expenses.
- The Treasury must prepare a report on the impact of COVID-19 on the Debt Respite Scheme by February 28, 2021.
- The report should include statements on changes to household debt levels caused by the pandemic and resilience against future financial shocks.
- Proposals for incorporating a no-interest loan scheme into the Debt Respite Scheme are considered.
- Clause 32 builds on existing legislation.
- A breathing space scheme commences on 4 May 2021.
- The SDRP provides a revised, long-term agreement between debtor and creditors with protection from most enforcement actions.
- Amendments will allow for regulations compelling creditors to accept repayment terms and provide funding through a charging mechanism.
- Alison Thewliss is speaking about new clauses 25 and 12.
- The clauses aim to review the impact of the debt respite scheme during the pandemic.
- She provides examples involving constituents struggling with rent, business grants, and government support during Covid-19.
- The debt respite scheme has been widely consulted.
- New clauses call for a review of the scheme after a year or so of operation.
- New clause 12(2) specifically references the covid impact on household finances.
- The Government will publish a report by February 2021 on the impact of COVID-19 on household debt and financial resilience.
- A feasibility study has been published earlier this year exploring the viability of a no-interest loan scheme.
- Regulations establishing the breathing space scheme start on May 4, 2021.
- The breathing space regulations contain provisions for evaluation after five years from commencement.
- Amendment 36 aims to protect customers' bonuses when transferring funds from matured accounts.
- The Help to Save scheme has over 222,000 people with £85 million deposited since its launch in 2017.
- Over 47,200 account holders have benefited from their first bonus payment as of September 2020.
- The Treasury must prepare an annual report on the Help to Save scheme for each financial year.
- The first report would be published by October 31, 2021, covering the 2020-21 financial year.
- Annual reports are required until 2027.
- The Help to Save scheme provides a 50% bonus to eligible individuals who save over four years.
- As of July 2020, more than 222,000 accounts have been opened, with 47,200 savers benefiting from their first bonus.
- The number of households receiving universal credit rose from 1.8 million in May 2019 to almost 4.6 million by October 2020 due to the impact of covid-19.
- Only 4.6% of eligible individuals had opened accounts by July 2019, out of a total of 2.8 million potential participants.
- One in five mortgages are issued with the help of the bank of mum and dad.
- In April to June this year, 28% of household income on average was saved by families.
- Property is a significant divider in society causing growing inequality.
- Amendment 31 would be made to clause 34, page 40, line 33.
- The amendment requires the FCA to ensure that consumers retain a full understanding of investment product risks despite new information requirements on ESG standards.
- Amendments 30 and 31 are proposed.
- The amendments aim to ensure consumers have accurate information before making investment decisions.
- The Financial Stability Board's Task Force on Climate-related Financial Disclosures (TCFD) is referenced.
- Amendment 30 seeks to require environmental, social and governance standards for PRIIPs products.
- Clause 34 makes changes to the PRIIPs regime to avoid unintended consequences for consumers.
- The FCA consultation on amending PRIIPs regulatory technical standards is expected next year.
- PRIIPs regulation aims to protect consumers by requiring standardised disclosure documents known as KIDs.
- The clause allows the FCA to clarify the scope of PRIIPs regulation through its rules.
- UCITS fund exemptions are extended from December 2021 for up to five years.
- Clause 35 amends UK EMIR to ensure clearing services on fair, reasonable, non-discriminatory and transparent terms.
- Amendments aim to increase transparency in derivatives markets and improve data quality collected by trade repositories.
- The Financial Collateral Arrangements (No.2) Regulations 2003 were introduced by the Treasury in 2003.
- Clause 36 has retrospective effect, confirming legal effectiveness since 2003.
- The clause removes risk of legal doubt and potential financial instability.
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