Lord Livermore (Lab)

My Lords, I am extremely grateful to the noble Baroness, Lady Kramer, and the noble Lord, Lord Altrincham, for their contributions and their support for this measure. The noble Baroness spoke about its complexity and the alphabet soup. I have huge sympathy for that perspective, I must say; as such, I will do my best to address the questions she asked. If I am unable to cover any of her questions, I will, of course, write to her. The noble Baroness asked whether we are watering down regulation. I assure her that this instrument will not lead to the watering down of any regulation. All modifications in the DSS are intended to achieve the same regulatory outcomes while allowing for flexibility when new or developing technology or practices might meet the same outcomes in a different way. The noble Baroness also asked about the changes to the prospectus regime for PISCES. I fully accept that she is unable, at this point, to comment on the detail. I can let her know that the Treasury intends to modify the prospectus regulation, which this SI is bringing into the scope of the FMI sandbox powers, and the Public Offers and Admissions to Trading Regulations 2023, which is already in scope of the powers, in order to ensure that placing shares on PISCES does not trigger a requirement to produce the prospectus. The noble Lord, Lord Altrincham, asked about the timing of that. Further detail on how this will be done will be set out when the final SI is laid in May 2025; that will provide the legal framework for the PISCES sandbox. Similarly, the FCA intends to consult in due course on the processes for taking part in a sandbox and the rules that will apply to firms. Once the PISCES sandbox is established, it will be up to commercial firms to apply to the FCA to operate a PISCES platform. The noble Baroness, Lady Kramer, asked about tokenisation. The use of tokenisation in digital assets has the potential to be genuinely transformative for financial markets. This could include improving existing processes by making markets more efficient, transparent and resilient. It is important, though, that markets are able to realise the benefits in a safe manner, preserving existing regulatory outcomes. The noble Baroness asked about money laundering. Potential applicants to the digital securities sandbox will need to submit an application to, and be assessed by, the regulators. Even after activity in the sandbox is exempted from the crypto asset regime and the money laundering regulations, activity in the DSS will continue to be subject to the existing anti-money laundering regime for non-crypto markets. The DSS excludes unbacked crypto assets and is focused on regulated activities. The Government will lay in the new year a negative SI that puts in place the changes to the MLRs, and will provide further information and a de minimis impact assessment as part of that. The noble Baroness also asked whether I consider the regulator outmanoeuvred and underpowered. As I think she would expect me to say, no, I do not accept or believe that. Finally, the noble Lord, Lord Altrincham, asked whether the Government will bring more legislation into the scope of these powers. At the time these powers were granted to the Treasury under the Financial Services and Markets Act 2023, it was envisaged that additional legislation would likely be required to be brought into the scope of Section 17(3). This is because the testing of new technology and practices is uncertain, meaning that new issues that necessitate new legislation being brought into scope may be identified. Future FMI sandboxes may also have a different focus, again requiring changes to legislation not previously considered. I hope that I have addressed all the points made. If not, as I said, I will write to noble Lords.