Lord Livermore (Lab)

My Lords, I again thank all noble Lords for their efforts on the Bill since July last year, and all noble Lords who have spoken in this brief debate today. I am also grateful to all three noble Lords for indicating that they will not oppose the Bill further. I will briefly attempt to respond to the questions and points made in this brief debate. First, I reiterate what the noble Baronesses, Lady Kramer and Lady Neville-Rolfe, said about the expertise in this House; I was on the receiving end of much of that expertise and it certainly tested me. However, to a large extent, the Bill was improved by the debates we had in this House, and I am grateful to all noble Lords for that. The noble Lord, Lord Vaux, talked about the gap between Third Reading and us returning today for this ping-pong session. It is somewhat out of my hands, although I do agree that it feels like rather a long time since we last debated these issues. He asked about the circumstances in which this power will be used, and I hope, as he said, that I covered that in my opening speech. He also raised some other questions. On MRELs, the Bank of England sets MREL requirements independently of government, as he knows, but within a framework as set out in legislation. The Bank of England has consulted on proposals which seek to ensure that the MREL regime remains proportionate and evolves over time. The Government are engaging closely with the Bank of England as it considers its responses to that consultation, and its engagement includes consideration of the impacts on economic growth. The noble Baroness, Lady Kramer, talked about MREL being used as the first resort. The Government believe there are sufficient safeguards in place to ensure that shareholders and creditors are exposed to losses before the new mechanism is used. These include the principle in legislation requiring the Bank of England to ensure that shareholders and creditors bear losses when a banking institution fails. As set out in the draft updates to the code of practice, the Bank of England would first look to write down or otherwise expose to loss all readily available MREL resources before requiring a recapitalisation payment from the FSCS. Noting these points, the Government believe that specifying the extent of losses that must be imposed before the new mechanism is used would be an unnecessary restriction on the Bank of England’s flexibility. The noble Baroness, Lady Neville-Rolfe, asked about the FCSC budget and minimising operating costs. It is in fact a legal duty on it to minimise those costs, and I would expect it to adhere to that legal duty. The noble Baroness also spoke about the importance of financial services to the growth of the UK economy, on which I very much agree with her. The Bill plays a vital role in upgrading the UK’s toolkit to manage bank failures, strengthening protections for taxpayers and financial stability which are, in turn, key to the Government’s number one priority of economic growth. I look forward to the Bill’s enactment and I hope noble Lords will join me in supporting the amendments made in the other place. I beg to move.