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Insolvency Law and Director Disqualifications — [Mr Speaker in the Chair]

14 June 2023

Lead MP

Rebecca Long-Bailey
Salford
Lab

Responding Minister

Kevin Hollinrake

Tags

Crime & Law EnforcementEconomyEmploymentForeign AffairsBusiness & Trade
Word Count: 8862
Other Contributors: 4

At a Glance

Rebecca Long-Bailey raised concerns about insolvency law and director disqualifications — [mr speaker in the chair] in Westminster Hall. A government minister responded.

Key Requests to Government:

Will the Government widen directors' duties to include workers and other stakeholders? Will they set clear definitions for when insolvency is deemed 'probable'? Why have proposals for worker representation on boards been shelved, and will they introduce Sarbanes-Oxley-equivalent legislation?

How the Debate Unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said:

Lead Contributor

Salford
Opened the debate
Five years after the Carillion scandal, UK corporate governance remains dysfunctional with high standards for disqualification of directors, ambiguous laws around creditors' prioritization, and insufficient enforcement mechanisms. Unite the union criticized fines against four Carillion executives as a 'slap on the wrist.' The Insolvency Service's 2022-23 figures showed misuse or abuse of bounce back loan schemes in almost half of disqualifications. Workers at Dawnfresh Seafoods and Orchard House Foods were left without income, while directors walked away with wealth intact. Statutory redundancy payments cost taxpayers £300 million over two years.

Government Response

Kevin Hollinrake
Government Response
It is a pleasure to serve under your chairmanship, Ms Fovargue. I add my grateful thanks to the hon. Member for Salford and Eccles for bringing forward this important debate. The Government absolutely believes in strong corporate governance and an effective insolvency regime. Most directors and businesses do the right thing, but failure is part of our economic system, and we need a regime that reflects that context. We believe there is a balance to be struck; while it is crucial to ensure robust oversight and accountability, we must also maintain an entrepreneurial spirit that encourages investment and business growth. Since 2019, large companies have been required to report annually on how wider interests have been taken into account in boardroom decision making. The Government confirmed plans to require very large companies to provide targeted new annual reporting on their management of risk, profit distribution, prevention or detection of material fraud, and audit and assurance policies for non-financial information. Secondary legislation is being developed to implement these measures. We also intend to move towards a system of regulation with a single independent regulator rather than the recognised professional bodies that we see today. We are keen to streamline regulatory frameworks such as those related to money laundering but reject arbitrary limits on directorships, preferring a red flag-based approach. Significant changes have been made around phoenixing, and 25 directors have been disqualified under these measures.
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About Westminster Hall Debates

Westminster Hall debates are a chance for MPs to raise important issues affecting their constituents and get a response from a government minister. Unlike Prime Minister's Questions, these debates are more in-depth and collaborative. The MP who secured the debate speaks first, other MPs can contribute, and a minister responds with the government's position.