Oral Answers to Questions — Business, Innovation and Skills – in the House of Commons at 9:30 am on 8 November 2012.
Bob Russell
Liberal Democrat, Colchester
9:30,
8 November 2012
If he will bring forward legislative proposals to prevent owners of businesses which have failed with debts outstanding from starting new businesses of an identical or similar nature.
Jo Swinson
The Parliamentary Under-Secretary of State for Women and Equalities, The Parliamentary Under-Secretary of State for Business, Innovation and Skills
The Government have no current plans to bring forward legislation. We recognise that some businesses will fail, but we do not want to prevent entrepreneurs from learning from an initial business failure. I understand, however, the significant concerns that are expressed about so-called phoenix companies. I know my hon. Friend has worked tirelessly on behalf of his constituents on this issue, and I will keep it under close review.
Bob Russell
Liberal Democrat, Colchester
Cavendish Conversions Ltd and, in my Constituency, Number Nine Restaurant Ltd, have risen phoenix-like to start again in new guises thanks to dodgy financial gymnastics by their owners, leaving innocent citizens and businesses with serious financial losses. I urge the Government to take action against those people. It is unfair that they can rack up losses and start again.
Jo Swinson
The Parliamentary Under-Secretary of State for Women and Equalities, The Parliamentary Under-Secretary of State for Business, Innovation and Skills
I thank my hon. Friend for his question. He highlights the distress that is caused to his constituents—I know from my correspondence that this also applies to constituents across the country—when companies undertake the activities he describes. I look forward to meeting him to discuss this specific issue in a couple of weeks’ time. He has already introduced an
Adjournment Debate to go into his case in detail. I reiterate that we need to get the balance right between encouraging enterprise and protecting consumers and business, but I look forward to discussing the matter with him further.
Derek Twigg
Labour, Halton
I agree with Sir Bob Russell. What happens is that perfectly good businesses get left with bad debts because a contract has not been paid. They then have a cash flow problem and the banks often will not support them. The Minister should look again at this and at the role of the banks in this situation.
Jo Swinson
The Parliamentary Under-Secretary of State for Women and Equalities, The Parliamentary Under-Secretary of State for Business, Innovation and Skills
The hon. Gentleman makes a very good point, because what often happens is that one business goes under and its creditors get into difficulty as a result. We want to make sure that the system works to prevent such situations and provide support to businesses. We need to be wary of unintended consequences, because we also do not want a regime under which people who have had a failure in business cannot start up again, but we need to look at the disqualification regime and check that we have got the balance right.
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