Clause 5 - Code of practice

Bank Resolution (Recapitalisation) Bill [Lords] – in the House of Commons at 2:00 pm on 24 April 2025.

Alert me about debates like this

Votes in this debate

Amendment proposed: 2, page 4, line 14, at end insert—

“(2B) The code must include guidance to the Bank of England on the exercise of its functions in relation to building societies to ensure that, in circumstances where the use of a recapitalisation power may result in demutualisation, due consideration is given to the impact of such demutualisation on members and on the mutuals sector.

(2C) In preparing the guidance required under subsection (2B), the Treasury shall consider the feasibility of selecting a purchaser from the mutuals sector as a means of avoiding demutualisation, provided such a purchaser meets the resolution objectives.”—(Mark Garnier.)

This amendment seeks to ensure that, where possible, the selection of a purchaser from the mutuals sector is considered to avoid demutualisation, provided this aligns with the Bank’s resolution objectives.

Question put, That the amendment be made.

Division number 175 Bank Resolution (Recapitalisation) Bill [Lords]: Amendment 2

Aye: 86 MPs

No: 214 MPs

Aye: A-Z by last name

Tellers

No: A-Z by last name

Tellers

The House divided: Ayes 89, Noes 230.

Question accordingly negatived.

Third Reading

Photo of Emma Reynolds Emma Reynolds The Economic Secretary to the Treasury 2:30, 24 April 2025

I beg to move, That the Bill be now read the Third time.

We can hopefully do Third Reading in a more relaxed fashion. As we have discussed through the Bill’s passage, the Bank Resolution (Recapitalisation) Bill will strengthen the UK’s bank resolution regime by providing the Bank of England with a more flexible toolkit for responding to the failure of banking institutions.

As volatility over recent weeks has shown, global uncertainty can have a real impact on financial markets across the world. That is why it is important that the UK remains equipped with an effective financial stability toolkit. The primary objective of the recapitalisation mechanism introduced by the Bill is to protect the taxpayer; it will provide more comprehensive protection for public funds when banks fail. I think both sides of the House can agree that this is of vital importance to ensure that our constituents are not left on the hook when a bank collapses. The Bill achieves that without placing new up-front costs on the banking sector, and therefore strikes the right balance between protecting financial stability and supporting the Government’s No. 1 priority of driving economic growth.

I would like to thank all those in this House and the other place who have contributed to the scrutiny of the Bill. In particular, I would like to thank the Opposition for their constructive engagement. As I said on Report, there is broad agreement on the primary objectives and principles of the Bill, but differing views have been expressed on the scope of the mechanism and certain finer details. I reiterate the Government’s position: it is important to learn the lessons from the case of Silicon Valley Bank UK, which demonstrates that the implications of a firm’s failure cannot always be anticipated, and things move very quickly. It is important that the legislation avoids overly restricting the Bank of England’s ability to use the mechanism in unpredictable and fast-moving failure scenarios, and can achieve its primary objective of protecting the taxpayer. I hope that those in the other place will agree with the Government’s position when the Bill returns there for their consideration.

I thank the Shadow Minister, Mark Garnier, the hon. Members for Dorking and Horley (Chris Coghlan) and for Wokingham (Clive Jones), and others who were on the Committee. I thank Kit Malthouse, and the hon. Members for St Albans (Daisy Cooper) and for Bridgwater (Sir Ashley Fox), for their contributions on Second Reading. I thank the Minister with responsibility for pensions, my hon. Friend Torsten Bell, who assisted me on Second Reading, and my hon. Friend Adam Jogee for his input. I thank my hon. Friend David Pinto-Duschinsky for his speech on Report.

I would like to extend my gratitude to my officials in the Treasury for their hard work in developing this highly technical Bill, which could not easily be rushed, and for supporting me throughout the Bill’s passage. I am also grateful to the House staff, parliamentary counsel and all other officials involved in the passage of the Bill.

This Bill supports the UK economy’s resilience to the risks posed by bank failures. We all remember the damage caused by the financial crisis, and the Bill, alongside other measures that allow failures to be managed in an orderly way, upholds the economic and financial stability that will deliver on the Government’s growth mission. I am pleased that the Bill has received broad cross-party support in this House and the other place, and I look forward to its enactment. I commend it to the House.

Photo of Mark Garnier Mark Garnier Shadow Economic Secretary (Treasury)

May I first say a hearty congratulations to the Minister on bringing through her first Bill in the new Government? She was parachuted into the job rather recently, but she has done a magnificent job, and it has been a pleasure to engage with her. We share the aim of working in the interests of the wider economy, and we have worked together on the Bill. We may differ on a few tiny details, but we agree on its overall objective.

As I mentioned on Report, I spent some time on the Parliamentary Commission on Banking Standards looking at how we can stop another banking crisis, and on the Treasury Committee doing pre-legislative work on the Financial Services Act 2012. This is an iterative and organic process. We will never be able to stop financial crises happening, but working together, we can ensure that there are no more instances of contagion flooding through the system. This Bill is extraordinarily good in following that iterative process, in order to make the banking system unsinkable, I hope—and I do not use that term lightly, as someone might have done in the film “Titanic”; this is genuinely very important.

I pay credit to the former Chancellor, my right hon. Friend Sir Jeremy Hunt, and the former Economic Secretary to the Treasury, my hon. Friend Andrew Griffith, and their officials, who worked tirelessly to ensure that Silicon Valley Bank UK was transferred to HSBC over that weekend, which undoubtedly avoided wider disruption to the financial system. We are delighted that the Bill was introduced in the previous Parliament, and we welcome the Government’s decision to carry it over into this Parliament. I was about to say that our swords will cross in the coming months and years, but I do not think they will; I think we will almost certainly agree on things. We will engage with the Minister and her officials to ensure that we have a world-class financial system that is the envy of the world.

Question put and agreed to.

Bill accordingly read the Third time and passed.

Clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

Amendment

As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.

Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.

In the end only a handful of amendments will be incorporated into any bill.

The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.

teller

A person involved in the counting of votes. Derived from the word 'tallier', meaning one who kept a tally.

Division

The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.

Second Reading

The Second Reading is the most important stage for a Bill. It is when the main purpose of a Bill is discussed and voted on. If the Bill passes it moves on to the Committee Stage. Further information can be obtained from factsheet L1 on the UK Parliament website.

other place

The House of Lords. When used in the House of Lords, this phrase refers to the House of Commons.

shadow

The shadow cabinet is the name given to the group of senior members from the chief opposition party who would form the cabinet if they were to come to power after a General Election. Each member of the shadow cabinet is allocated responsibility for `shadowing' the work of one of the members of the real cabinet.

The Party Leader assigns specific portfolios according to the ability, seniority and popularity of the shadow cabinet's members.

http://www.bbc.co.uk

Minister

Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.

Opposition

The Opposition are the political parties in the House of Commons other than the largest or Government party. They are called the Opposition because they sit on the benches opposite the Government in the House of Commons Chamber. The largest of the Opposition parties is known as Her Majesty's Opposition. The role of the Official Opposition is to question and scrutinise the work of Government. The Opposition often votes against the Government. In a sense the Official Opposition is the "Government in waiting".

Chancellor

The Chancellor - also known as "Chancellor of the Exchequer" is responsible as a Minister for the treasury, and for the country's economy. For Example, the Chancellor set taxes and tax rates. The Chancellor is the only MP allowed to drink Alcohol in the House of Commons; s/he is permitted an alcoholic drink while delivering the budget.