Browse content similar to 21/03/2017. Check below for episodes and series from the same categories and more!
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am very happy to relay that concern to the IRp. -- IRP. We must move on. | :00:00. | :00:12. | |
Urgent question. John McDonald. To ask the Chancellor of the Exchequer | :00:13. | :00:14. | |
if he will make a statement on allegations of money-laundering | :00:15. | :00:27. | |
against British banks. Mr Speaker, we want our financial institutions | :00:28. | :00:32. | |
to lead the way in the global fight against money-laundering. This is | :00:33. | :00:38. | |
not only a question of financial crime, as well as terrorist | :00:39. | :00:43. | |
organisations, this is about keeping our citizens safe. That is where the | :00:44. | :00:49. | |
Government is doing what it takes to prevent and pursuing anyone who | :00:50. | :00:55. | |
might seek to abuse our financial system. The Financial Conduct | :00:56. | :00:58. | |
Authority and the National Crime Agency take any such allegations | :00:59. | :01:02. | |
seriously and will investigate closely with the recent information | :01:03. | :01:06. | |
from the Guardian newspaper regarding money-laundering from | :01:07. | :01:10. | |
Russia or indeed any other media source, would allow the progression | :01:11. | :01:15. | |
of an investigation. Beyond that, we need to ensure sophisticated | :01:16. | :01:20. | |
criminal networks cannot exploit our financial services industry. This | :01:21. | :01:22. | |
Government already does more than any other to tackle the global | :01:23. | :01:28. | |
threat of money-laundering. Since 2010, we have seized 1.4 billion in | :01:29. | :01:32. | |
illegal funds and put hundreds of millions more beyond the reach of | :01:33. | :01:38. | |
criminals. We've set up the Panama papers task force, hosted the global | :01:39. | :01:42. | |
anti-corruption Summit last year and now we are preparing the most | :01:43. | :01:49. | |
significant changes to our anti-money laundering machine in | :01:50. | :01:52. | |
over a decade. We are putting in the UK at the forefront of international | :01:53. | :01:55. | |
efforts to crack down on money-laundering with new | :01:56. | :01:59. | |
regulations in place by the end of June. We are bringing in a | :02:00. | :02:03. | |
landlocked piece of legislation in the Criminal Finances Bill. This | :02:04. | :02:05. | |
will allow banks to share more information than ever to uncover | :02:06. | :02:11. | |
more money laundering and give enforcement agents powers to bring | :02:12. | :02:14. | |
criminals to justice. Domestic changes alone aren't enough in the | :02:15. | :02:19. | |
role of global criminal networks. That is why we are working closely | :02:20. | :02:23. | |
with our international partners to stand up to this threat together. | :02:24. | :02:29. | |
And work continues at a place with the Chi 20 and financial action task | :02:30. | :02:33. | |
force whose mentorship includes all of the world's leading financial | :02:34. | :02:38. | |
centres. We've led the way getting 90 countries to exchange data on | :02:39. | :02:43. | |
offshore accounts and appalled a global standard of tax transparency. | :02:44. | :02:48. | |
We are determined to make the UK the most Google place in the world of | :02:49. | :02:51. | |
international crime networks to channel their finances. We won't | :02:52. | :03:03. | |
relent in our efforts to do that. I don't believe the minister | :03:04. | :03:06. | |
recognises the immense gravity of the situation we are facing and that | :03:07. | :03:12. | |
statement is reflected on complacency on the part of the | :03:13. | :03:15. | |
Government. Let us go through the allegations which are of the deepest | :03:16. | :03:20. | |
concern. It is alleged by an operation referred to as the global | :03:21. | :03:25. | |
launder mats, banks based in Britain have been used to launch a immense | :03:26. | :03:29. | |
sense of money and taken criminal activity in Russia link to the spy | :03:30. | :03:35. | |
agency. This appears to point to an overwhelming failure of basic | :03:36. | :03:41. | |
management on the part of the banks themselves. In the case of one of | :03:42. | :03:46. | |
those banks, HSBC, this is an institution that has previously | :03:47. | :03:49. | |
faced money-laundering charges in the US and across the globe. The | :03:50. | :03:54. | |
directive mention of the Government helped block the 2012 US | :03:55. | :04:02. | |
investigation on the grounds of its risk to financial stability. | :04:03. | :04:04. | |
Money-laundering through London and elsewhere threatens the financial | :04:05. | :04:08. | |
stability of our sector and economy. In the case of another bank, RBS, | :04:09. | :04:13. | |
the Government owns 75% stake in the bank itself and a third, Barclays, | :04:14. | :04:20. | |
has been involved in its role for libel rigging. Can the Minister give | :04:21. | :04:23. | |
us some more specific details about what steps are being taken to | :04:24. | :04:30. | |
address this scandal and include the assurance that there will be the | :04:31. | :04:34. | |
potential of opening up criminal proceedings to break up what is | :04:35. | :04:39. | |
effectively a criminal network? Can the Government also undertake that | :04:40. | :04:44. | |
it will not come as it has in the past with HSBC, attempt to intervene | :04:45. | :04:48. | |
in criminal or other investigations taking place elsewhere in the world? | :04:49. | :04:53. | |
The major risk to financial stability is not from investigations | :04:54. | :04:57. | |
intended to clear out the criminal activity, it's about inactivity from | :04:58. | :05:01. | |
the Government and others. The risk is about failing to act and ensuring | :05:02. | :05:06. | |
our major banks are clean and fit for purpose. All the banks have | :05:07. | :05:12. | |
claimed to have strict internal policies to deal with | :05:13. | :05:16. | |
money-laundering. The Financial Conduct Authority places stress on | :05:17. | :05:19. | |
the need for banks to self police and create appropriate internal | :05:20. | :05:23. | |
proceedings to prevent money-laundering. It is obvious that | :05:24. | :05:27. | |
the current arrangements are not working. There is widespread | :05:28. | :05:33. | |
organised and sophisticated criminal activity. Can the Government tell | :05:34. | :05:36. | |
the House what steps it will be taken to address this and will the | :05:37. | :05:40. | |
Government commit to an opening of an enquiry to report on the measures | :05:41. | :05:46. | |
to be taken that will strengthen the regulations including tighter | :05:47. | :05:48. | |
controls and closer monitoring of banks? Where the Government owns | :05:49. | :05:54. | |
major stakes in banks involved, particularly RBS, there is immediate | :05:55. | :06:02. | |
need for the Government to reassure taxpayers that publicly owned banks | :06:03. | :06:07. | |
are not indirectly involved in criminal activity. What steps will | :06:08. | :06:12. | |
the Government be taking as a major shareholder, to investigate the | :06:13. | :06:14. | |
allegations against RBS and reassure taxpayers? Yet again our banks have | :06:15. | :06:21. | |
been found to be wanting. Urgent action is needed by the Government | :06:22. | :06:25. | |
to protect the standing of our finance sector and indeed protect | :06:26. | :06:29. | |
our economy. Complacency and inaction is not good enough. | :06:30. | :06:37. | |
I can assure him that we are far from complacent. We have been | :06:38. | :06:44. | |
updating the money-laundering regulations. I hope it will receive | :06:45. | :06:53. | |
Royal assent in the near future. He asked about the SCA, which find | :06:54. | :07:00. | |
Deutsche Bank recently. They take misconduct three seriously. He asks | :07:01. | :07:10. | |
about whether we should be telling them what to do. If this information | :07:11. | :07:16. | |
reveals new findings, the SCA will be able to investigate accordingly. | :07:17. | :07:21. | |
It would not be appropriate for me to comment on potential legal | :07:22. | :07:29. | |
proceedings. Does the level of commitment | :07:30. | :07:35. | |
expressed in our hosting of the anti-corruption Summit not a year | :07:36. | :07:41. | |
ago still exist to drive forward its agenda? Absolutely. This government | :07:42. | :07:49. | |
is fully committed to making sure that taxpayers are fully protected | :07:50. | :07:56. | |
and we do all we can to stamp out illegal money-laundering activity. | :07:57. | :08:04. | |
This revelation is shocking, but I have to say it is not in the least | :08:05. | :08:09. | |
bit surprising. For over a year now in this House, I've been campaigning | :08:10. | :08:15. | |
in areas associated with this. Subsequent to the story being | :08:16. | :08:17. | |
released yesterday evening, I've undertaken research which indicates | :08:18. | :08:24. | |
that at the heart of this, it is the use of the banks' limited | :08:25. | :08:31. | |
partnerships. It allows criminals to hide their ownership of companies. | :08:32. | :08:36. | |
It is true that mechanism that this is happening. I have a number of | :08:37. | :08:40. | |
questions for the Minister. First of all, on Friday, a review was closed | :08:41. | :08:48. | |
into limited partnerships. Will the Government now allow myself and | :08:49. | :08:54. | |
other interested members to resubmit to this, although it has formally | :08:55. | :08:58. | |
closed, so we can raise this important matter and have it | :08:59. | :09:02. | |
considered in the review? Secondly, surely when one looks at the outcome | :09:03. | :09:06. | |
of the extent of this, it is just too much to believe that we are the | :09:07. | :09:11. | |
worldly do in money-laundering regulations in general. Surely it is | :09:12. | :09:16. | |
time to have another look at this. Thirdly, one of the key concerns | :09:17. | :09:22. | |
about banks in recent years is the way in which they have not had a | :09:23. | :09:25. | |
supportive regime for whistle-blowing. Surely we need to | :09:26. | :09:29. | |
encourage, not inhibit whistle-blowing? | :09:30. | :09:38. | |
Thank you. My understanding in this alleged case, that the bodies do not | :09:39. | :09:49. | |
use limited partnerships. Last year, Bays introduced the people with | :09:50. | :09:54. | |
significant control register, and we will be consulting shortly on UK | :09:55. | :10:03. | |
property owning foreign companies. He mentioned limited partnership | :10:04. | :10:08. | |
concentrations, I'm sure any honourable or right honourable | :10:09. | :10:13. | |
member wanting to write to the Secretary of State can do so. It is | :10:14. | :10:16. | |
also appropriate to say that we are world leaders when it comes to | :10:17. | :10:21. | |
financial regulation. The FCA do a good job. They are held in high | :10:22. | :10:27. | |
regard by the rest of the world, striking the right balance between | :10:28. | :10:33. | |
consumer protection and fairness. I know that this is an issue that my | :10:34. | :10:37. | |
honourable friend takes very seriously. Can he tell the House how | :10:38. | :10:43. | |
unexpired wealth orders will prevent them was using the proceeds of crime | :10:44. | :10:49. | |
going forward? He races an aborted part of the criminal finances Bill | :10:50. | :10:52. | |
which is going through the Other Place as we speak will stop I look | :10:53. | :11:00. | |
forward to a time when that receives while I centre becomes legislation, | :11:01. | :11:06. | |
giving new powers to stop this activity. The economic Secretary has | :11:07. | :11:13. | |
shown real complacency about what is a huge and building scandal which | :11:14. | :11:19. | |
has been revealed by the Guardian today. Given that our banking sector | :11:20. | :11:24. | |
is very large and that the consequences of it being | :11:25. | :11:27. | |
destabilised by this kind of criminal behaviour are very, very | :11:28. | :11:36. | |
serious for our economy, doesn't the Minister realise that his | :11:37. | :11:40. | |
complacent, process driven answers today are simply not good enough? | :11:41. | :11:48. | |
I don't recognise that at all. I would say the FCA are well placed to | :11:49. | :11:54. | |
investigate this if appropriate. I would also say that not only do we | :11:55. | :12:01. | |
have world leading financial regulation, be also have world | :12:02. | :12:07. | |
leading financial services. There are people up and down the country | :12:08. | :12:10. | |
who work in financial services and the vast jollity of those work hard, | :12:11. | :12:16. | |
do a good job and represent companies as best they can. We have | :12:17. | :12:20. | |
applied the measures that the Government is undertaking. I have | :12:21. | :12:30. | |
mentioned everything. This government is doing more than any | :12:31. | :12:33. | |
time in the last ten years to tackle this issue. Given the overlap | :12:34. | :12:39. | |
between money-laundering networks and those of and terrorist | :12:40. | :12:46. | |
financing, it is not an issue of national security, and we need | :12:47. | :12:51. | |
greater information sharing between the private sector, regulatory | :12:52. | :12:57. | |
bodies and law enforcement agencies? He is right. Greater information | :12:58. | :13:01. | |
sharing, transparency is the way forward. People were significant | :13:02. | :13:08. | |
control register is an aborted instead -- an important step. At the | :13:09. | :13:15. | |
end of the day, people with nothing to hide have nothing to fear. Could | :13:16. | :13:26. | |
the Minister tell us which British banks have been convicted of | :13:27. | :13:30. | |
money-laundering in the last five years, and what specific individual | :13:31. | :13:34. | |
thing as he learned from reading those judgments? I think the | :13:35. | :13:41. | |
question was discourteous but not disorderly. There is a distinction. | :13:42. | :13:45. | |
He has been practising that technique is all the 30 years I have | :13:46. | :13:51. | |
known him, in all different forums. It was not one of the more extreme | :13:52. | :14:00. | |
examples will stop the FCA have carried out a number of enforcement | :14:01. | :14:04. | |
actions, large and small, over a different number of financial | :14:05. | :14:12. | |
service providers. It is important that a balance is struck at all | :14:13. | :14:16. | |
times. If these allegations are proven, | :14:17. | :14:22. | |
particularly against a bank which the covenant owns a majority stake | :14:23. | :14:28. | |
in, will he commit to using the full powers of the common finances Bill | :14:29. | :14:32. | |
to clamp down on this type of money-laundering which will be a | :14:33. | :14:38. | |
national disgrace? I beg by oral friend for his | :14:39. | :14:47. | |
question. It is worth saying that our shareholding is at arms length. | :14:48. | :14:56. | |
The board in thing the -- the important thing is that we do not | :14:57. | :15:02. | |
repeat the mistakes of the past. I wonder if the Minister had discussed | :15:03. | :15:05. | |
the matter with the former Chancellor, who the House of | :15:06. | :15:19. | |
Representatives set stocked HSBC from being prosecuted. What | :15:20. | :15:25. | |
specifically has FCA done since laundromat was discovered in 2013? | :15:26. | :15:29. | |
I have not had that conversation with the right honourable member | :15:30. | :15:34. | |
that she mentions, but it is fair to say that the FCA have carried out a | :15:35. | :15:42. | |
number of investigations. It is right and proper that they do so. It | :15:43. | :15:46. | |
would not be appropriate for me, they are an independent operational | :15:47. | :15:53. | |
body, it would not be appropriate for me to comment on it. It seems to | :15:54. | :16:01. | |
me and many others that there is an unwritten deal here, which is that | :16:02. | :16:04. | |
the Russians and others of dubious or illegal means come to this | :16:05. | :16:10. | |
country, they send their kids to our schools, they buy our real estate or | :16:11. | :16:18. | |
how sports clubs and get involved in our country on the basis that while | :16:19. | :16:20. | |
they are here, they do no wrong. That is not an acceptable way on | :16:21. | :16:27. | |
which to go forward. If it ever was, is no longer is. I put it to my | :16:28. | :16:32. | |
honourable friend, is it not now time to have a rethink about this? | :16:33. | :16:40. | |
He raises an interesting point. This government is doing more than ever | :16:41. | :16:49. | |
before tackle this. When it comes to money-laundering, the Department | :16:50. | :16:57. | |
have... Will consider any action that needs to be taken to address | :16:58. | :17:06. | |
the concerns in due course. To a long list of misdemeanours | :17:07. | :17:11. | |
committed by banks for which the directors have not been held | :17:12. | :17:14. | |
responsible, we now have an allegation of money-laundering. One | :17:15. | :17:21. | |
of the explanations given is that directors of banks seek compliance | :17:22. | :17:28. | |
as an expense with no return. Can the Minister give us an assurance | :17:29. | :17:31. | |
that these allegations will be properly investigated by criminal | :17:32. | :17:36. | |
investigators, and that if it is found that directors have been | :17:37. | :17:41. | |
encouraging slackness in compliance for their own profit of their banks, | :17:42. | :17:47. | |
they will feel the full weight of the law and they will realise there | :17:48. | :17:51. | |
is a cost of slack compliance in their own personal lives? | :17:52. | :17:57. | |
I thank him for his question. He is right. Not only do we have a | :17:58. | :18:03. | |
well-regarded financial regulation system, we also have a rule of law | :18:04. | :18:10. | |
which is both fair and effective, and if there is any wrongdoing or | :18:11. | :18:13. | |
impropriety, it is right and proper that those people face the full | :18:14. | :18:20. | |
weight of the law. How many money-laundering 's have been sent | :18:21. | :18:27. | |
to prison in the last five years? I thank Mike friend for that question. | :18:28. | :18:34. | |
I'm not aware of the exact answer for that, but I will write to him | :18:35. | :18:38. | |
with all the information I can. I'm convinced that a round the world and | :18:39. | :18:41. | |
in this country, it is something that is taken seriously. | :18:42. | :18:48. | |
Is the Government or any other public agency in Britain | :18:49. | :18:54. | |
investigating, or you see any of the -- what is the aware of any other | :18:55. | :19:00. | |
investigation whether the money was channelled to either believe | :19:01. | :19:03. | |
campaign for the Trump presidential campaign? I can be clear that I am | :19:04. | :19:09. | |
not aware of any connection at all. It is right and proper that the FCA | :19:10. | :19:16. | |
have been undertaking a watch on this issue for some time. It is a | :19:17. | :19:22. | |
confidential matter. If there is new information, I'm sure they would | :19:23. | :19:26. | |
consider it. Compliance officers across the banking sector by a key | :19:27. | :19:30. | |
role in stepping up the behaviour reported. Can the Minister assure | :19:31. | :19:34. | |
the House that the regulators are making sure that they are properly | :19:35. | :19:43. | |
trained and complied on the ground? That is the case. It is right and | :19:44. | :19:46. | |
proper that this issue of money-laundering is addressed from | :19:47. | :19:49. | |
top to bottom. Everyone has an possible part to play. | :19:50. | :19:55. | |
-- a responsible part to play. Having claimed there was little | :19:56. | :19:59. | |
evidence of economic wrongdoing going unpunished, the MHA is | :20:00. | :20:08. | |
considering whether it should extend that to money-laundering. Are the | :20:09. | :20:13. | |
allegations highlighting the fact that the law needs to be toughened | :20:14. | :20:18. | |
up in this area? I am sure they will have listened carefully to the point | :20:19. | :20:27. | |
she has made. Minister, the report indicates that many of the funds | :20:28. | :20:33. | |
laundered went into shell companies. Can the Minister explain how the | :20:34. | :20:40. | |
first register of equitable ownership help prosecuting | :20:41. | :20:43. | |
authorities bring those who benefit from these funds to justice? The | :20:44. | :20:51. | |
people with significant control register is open for everyone to | :20:52. | :20:54. | |
see. There are thousands if not millions of people able to see it. | :20:55. | :21:00. | |
Transparency is the best thing, making people aware of wrongdoing, | :21:01. | :21:03. | |
making sure that nothing is hidden. It is clear the current measures are | :21:04. | :21:17. | |
not sufficient in tackling this money-laundering. Can I ask the | :21:18. | :21:22. | |
Minister, considering we have dirty money channelled through our banks, | :21:23. | :21:26. | |
how much worse would be at the Chancellor gets his vision of this | :21:27. | :21:31. | |
country becoming a corporate haven, another Panama post Brexit? That | :21:32. | :21:42. | |
isn't the Chancellor's vision. I am consulting on the fourth | :21:43. | :21:45. | |
money-laundering directive. We mentioned the Criminal Finances Bill | :21:46. | :21:49. | |
in the other place and the FCA of vigilant in enforcing and taking | :21:50. | :22:02. | |
misconduct very seriously. Having witnessed first-hand the | :22:03. | :22:03. | |
anti-money-laundering procedures of UK banks where wanting to open a | :22:04. | :22:11. | |
bank account or keeping open an existing bank accounts, I wonder how | :22:12. | :22:15. | |
any organisation has managed to launder ill gotten gains through our | :22:16. | :22:20. | |
banks. I can only company that complying with the regulations is | :22:21. | :22:23. | |
seen them all as a tick box exercise. Does he agree that banks | :22:24. | :22:29. | |
should adopt a more proportionate and common-sense approach when | :22:30. | :22:35. | |
dealing with members of the public? He will be pleased that the fourth | :22:36. | :22:39. | |
money-laundering directive includes something we are consulting on as we | :22:40. | :22:45. | |
speak and includes the provision for a more proportional approach when it | :22:46. | :22:52. | |
comes to this very issue. I hope in the near future that the banks will | :22:53. | :23:03. | |
take a proportionate approach in the future. The home affairs committee | :23:04. | :23:08. | |
estimate 100 Berliners laundered through London every year but only | :23:09. | :23:13. | |
0.17% of that has been frozen. We might as well go from here, go to | :23:14. | :23:17. | |
Heathrow and portable welcome sign for Russian winters and | :23:18. | :23:22. | |
money-laundering is. Five criminal complaints have been submitted to | :23:23. | :23:26. | |
law enforcement agencies about money-laundering. Not a single one | :23:27. | :23:30. | |
has resulted in the opening of a criminal case whereas 12 other | :23:31. | :23:34. | |
countries have opened investigations on the same evidence. The question | :23:35. | :23:42. | |
is this. What is necessary to get UK law enforcement to do their jobs and | :23:43. | :23:46. | |
prosecute money-laundering is here? Why has this not be working and what | :23:47. | :23:54. | |
is he going to do about it? I would say to the honourable gentleman, if | :23:55. | :23:58. | |
it's appropriate, I would hope the MCA did some considerable amount | :23:59. | :24:05. | |
about it. They are independently operational bodies and it is right | :24:06. | :24:09. | |
and proper that I cannot comment at the dispatch box about what may -- | :24:10. | :24:24. | |
about what not happen. HSBC has been a serial offender in | :24:25. | :24:26. | |
money-laundering all around the world. They have had finds in the MS | :24:27. | :24:32. | |
-- US and Switzerland. There was cause for an investigation into | :24:33. | :24:38. | |
other banks in 2012. This was first reported in 2014 is so yesterday's | :24:39. | :24:43. | |
news is a new news. It compounds the skill of the problem -- scale of the | :24:44. | :24:53. | |
problem. If the UK will is a world leader in money-laundering and | :24:54. | :24:56. | |
financial regulations, how bad is it in the rest of the world and what is | :24:57. | :24:59. | |
the UK doing to stamp it out elsewhere? It raises an interesting | :25:00. | :25:07. | |
point. It is important to work with the countries around the world to | :25:08. | :25:11. | |
make sure this is something that we work in cooperation together with. | :25:12. | :25:16. | |
We have been very clear that we will work with them and clear that we | :25:17. | :25:21. | |
will work with other regulators around the world. That is important. | :25:22. | :25:28. | |
This is not something we can domestically solve on our own. | :25:29. | :25:35. | |
Investigators at the National Crime Agency are saying Russian officials | :25:36. | :25:39. | |
have been hampering their investigations by refusing to | :25:40. | :25:42. | |
cooperate. What discussions has he had with his Foreign Office | :25:43. | :25:46. | |
counterparts to see whether they can broker better relationship with | :25:47. | :25:52. | |
those Russian officials? I would imagine the FCA are in contact with | :25:53. | :25:58. | |
the FCO and if it is appropriate, they will have conversations about | :25:59. | :26:03. | |
it. What is important is if these allegations of correct, if they | :26:04. | :26:07. | |
present any new information about the MCA and FCA act inappropriately. | :26:08. | :26:17. | |
Can I ask the minister why the Chancellor is not here because | :26:18. | :26:21. | |
frankly his answers have been appalling today. Some ?80 billion | :26:22. | :26:25. | |
worth of money could have been laundered according to this story. | :26:26. | :26:29. | |
Does he not think we should think again about the powers that the FCA | :26:30. | :26:35. | |
and other regulators have to prevent this happening? Can he please answer | :26:36. | :26:44. | |
some questions? I have been doing my very best to answer the questions. | :26:45. | :26:49. | |
Sadly I can't be held responsible for the quality or content of the | :26:50. | :26:56. | |
question. I am the Minister responsible for the financial | :26:57. | :27:06. | |
services. We are responsible for legislating the criminal finance | :27:07. | :27:09. | |
bill. It is an example of what we are doing. The FCA are in constant | :27:10. | :27:17. | |
dialogue with the banks and Government to make sure they move | :27:18. | :27:26. | |
with the times. If it is found during the investigation that | :27:27. | :27:30. | |
terrorism has been facilitated through this, what personal | :27:31. | :27:32. | |
responsibility will the Minister take that dreadful events? These | :27:33. | :27:44. | |
schemes operated from 2010 to 2014. The honourable member mentioned the | :27:45. | :27:50. | |
independent story in 2014. If there is new evidence, it is important the | :27:51. | :27:55. | |
MCA and FCA look at that evidence and act accordingly. We've set up | :27:56. | :28:01. | |
these bodies to act operationally and independently away from the | :28:02. | :28:04. | |
Government and that is right and proper. On a point of order, on a | :28:05. | :28:14. | |
point of rectification. On Thursday 16th of March, the Parliamentary | :28:15. | :28:17. | |
Commissioner for standards published a report on a complaint about my | :28:18. | :28:22. | |
declarations in the register which concluded that the rules were | :28:23. | :28:28. | |
breached to how I registered information and its subsequent din | :28:29. | :28:33. | |
an admission that failed to draw the House's attention to the interests | :28:34. | :28:37. | |
were asking a question about the future of deep coal mining in the UK | :28:38. | :28:46. | |
on 13th of March. I wish to apologise to the House fully and | :28:47. | :28:50. | |
unreservedly for what was a genuinely inadvertent breach of the | :28:51. | :28:54. | |
rules with which I have an all-time sort to comply. Sun-macro I am | :28:55. | :28:59. | |
grateful to the honourable gentleman for what he said and it will have | :29:00. | :29:03. | |
been heard unappreciated by the House. I seek your advice concerning | :29:04. | :29:14. | |
the emergency PIP regulations that came into force last Thursday. 160 | :29:15. | :29:20. | |
members of the House have signed a prayer against the regulations. A | :29:21. | :29:25. | |
date has been arranged for next week in the other place but to date, the | :29:26. | :29:31. | |
Government has refused to arranged -- arrange a debate. There is a huge | :29:32. | :29:35. | |
to McGrath to devastate with regulations in force by in statutory | :29:36. | :29:41. | |
achievements. It is a sad reflection of the Government's attitude to this | :29:42. | :29:47. | |
house. 180,000 people have signed a petition against the regulation. 81% | :29:48. | :29:52. | |
-- eight 1000 disabled people have been through a PIP assessment which | :29:53. | :29:59. | |
will deny people access to additional support. Please can he | :30:00. | :30:03. | |
advised me on how I compress the Government to hold a debate on | :30:04. | :30:08. | |
regulations before we rise for Easter recess? The honourable lady | :30:09. | :30:14. | |
has raised a point with very considerable force. She has | :30:15. | :30:20. | |
underlined the reason that its urgency. I have noted the numbers to | :30:21. | :30:25. | |
which she referred of members who have prayed against the regulations. | :30:26. | :30:31. | |
The point of order isn't a matter for the chair but it will have been | :30:32. | :30:35. | |
heard on the Treasury bench and it is not an unreasonable hope and | :30:36. | :30:39. | |
expectation on her part and that of those members who prayed against the | :30:40. | :30:46. | |
regulations. There will be a debate arranged in a timely fashion. | :30:47. | :30:50. | |
Insofar as she seeks advice, I would say to her that she and her | :30:51. | :30:54. | |
colleagues could use the opportunity of business questions on Thursday to | :30:55. | :31:01. | |
press their claims in respect of the schedule the next week's business. | :31:02. | :31:06. | |
It is next week the honourable lady is concerned. Whether group | :31:07. | :31:13. | |
activity, significant numbers raising the matter will be | :31:14. | :31:16. | |
effective, I don't know. If anything will, it might. I will leave it | :31:17. | :31:24. | |
there for now. If there are no further points of order, we come out | :31:25. | :31:31. | |
of the ten Minute Rule Motion. I beg to move that leave be given to bring | :31:32. | :31:36. | |
in a bill to require homeowners to notify local authorities of an | :31:37. | :31:39. | |
intention to register accommodation for short or holiday lets. Good | :31:40. | :31:44. | |
ideas can be undermined when a minority abuse or exploit them | :31:45. | :31:48. | |
causing harm to others and undermining the well-being of the | :31:49. | :31:52. | |
wider community. The sharing of community is fizzing with good ideas | :31:53. | :31:57. | |
and opportunities. The potential use of resources from Labour to | :31:58. | :32:01. | |
transport, to homes, can be made more by the speed and flexibility of | :32:02. | :32:05. | |
digital communications. We should not be putting berries in its way. | :32:06. | :32:08. | |
That is not the same as saying there should be no rules. Individuals need | :32:09. | :32:13. | |
to be protected and those rules we agree on must be enforced. On the | :32:14. | :32:19. | |
need for further action, we have an emerging consensus including London | :32:20. | :32:24. | |
councils, the Mayor of London and London Assembly members. Today I'm | :32:25. | :32:27. | |
putting forward a proposal which will make it possible to effectively | :32:28. | :32:31. | |
enforce the rules preventing the abuse of short and holiday let | :32:32. | :32:35. | |
accommodation. Whilst I welcome their freedom for home owners to let | :32:36. | :32:40. | |
their properties for such purposes without bureaucratic interference, | :32:41. | :32:45. | |
it is difficult and expensive for cash-strapped councils to police the | :32:46. | :32:48. | |
rules. With no requirement to see petition for a short let, the only | :32:49. | :32:54. | |
way to identify this and where those lettings are in breach of the rules, | :32:55. | :32:57. | |
is by having staff claim the various websites in order to find them. Some | :32:58. | :33:02. | |
of us flagged up during the passage of the deregulation bill which | :33:03. | :33:10. | |
reduce the number, it can be tough when there is no notification. River | :33:11. | :33:13. | |
Nar property is let the mother of three months in any one year is | :33:14. | :33:17. | |
labour intensive, expensive and cumbersome. As officers in my local | :33:18. | :33:23. | |
authority have been of great help in preparing this bill, have told me, | :33:24. | :33:26. | |
it is difficult to determine the addresses as there is no prior | :33:27. | :33:30. | |
notification system. My officers spend and cumbersome. As officers | :33:31. | :33:32. | |
are my local authority have been of great help in preparing this bill, | :33:33. | :33:35. | |
have told me, it is difficult to determine the addresses as there is | :33:36. | :33:37. | |
no prior notification system. My officers spend Anna Norman at amount | :33:38. | :33:40. | |
of time looking for websites where addresses are not advised. We are up | :33:41. | :33:46. | |
against it but remain vigilant and continue to do all we can to do with | :33:47. | :33:50. | |
the commercial lets. Some people who are using at B see why does it | :33:51. | :34:00. | |
matter? Why shouldn't we do what we want with our properties? They are | :34:01. | :34:07. | |
the sharing economy earning a bit of extra cash from a spare room or | :34:08. | :34:11. | |
whether they are away themselves. They are aware of legal | :34:12. | :34:18. | |
responsibilities and considerate of neighbours. Alongside the | :34:19. | :34:21. | |
responsible owner are irresponsible ones. It legal sub letters and a | :34:22. | :34:27. | |
significant commercial operations seeking to take advantage of higher | :34:28. | :34:31. | |
yields. Across all London boroughs in the year following the | :34:32. | :34:37. | |
deregulation act, there was a citywide 127% increase in short | :34:38. | :34:43. | |
lettings advertised on Airbnb alone. Westminster saw an 80% increase but | :34:44. | :34:50. | |
some borough saw bigger rises. Camden was 124% and Brent, 762%. | :34:51. | :34:55. | |
There is no evidence to suggest the short let phenomenon is expanding. | :34:56. | :35:08. | |
The latest data on inside Airbnb confirms 50,000 lettings across | :35:09. | :35:11. | |
Edinburgh, Manchester alone. In terms of potential breaches of the | :35:12. | :35:14. | |
law, my borough is investigating more than 1100 properties that are | :35:15. | :35:22. | |
believed to have breached the limit. In the early part of last year, the | :35:23. | :35:26. | |
number of properties listed as opposed to rooms listed on Airbnb | :35:27. | :35:33. | |
increased by a quarter from 17,000 to 21,000 800. Research by the | :35:34. | :35:37. | |
residential landlords Association shows 41% of at B listings in | :35:38. | :35:42. | |
London in June last year were multi-listings. -- Airbnb. This | :35:43. | :35:49. | |
increase to 17,590 properties is also a sign that websites are | :35:50. | :35:52. | |
becoming increasingly commercialised. 54% of entire homes | :35:53. | :35:59. | |
in Manchester and 43% in Edinburgh were identified as multi listing | :36:00. | :36:03. | |
properties. Indicating the trend is going well beyond the image of the | :36:04. | :36:09. | |
sharing economy. Two sets of issues arise and stop the first is the loss | :36:10. | :36:13. | |
of residential accommodation. Short lets can bring out three times the | :36:14. | :36:17. | |
income of more traditional flat rentals. ?1800 a week on average | :36:18. | :36:21. | |
according to Westminster for a two bed flat as opposed to 620 for a | :36:22. | :36:28. | |
short tenancy. Even before the deregulation bill, evidence | :36:29. | :36:32. | |
suggestive frazzle being converted into semipermanent holiday lets but | :36:33. | :36:33. | |
now the pressure is more. The potential to earn bowl is a key | :36:34. | :36:42. | |
issue on some sites. The magic and on over weekend stays can beat what | :36:43. | :36:50. | |
you achieve full a weekly tenancy. You can choose when to put your | :36:51. | :36:54. | |
property are correct and when not to. Another company says that | :36:55. | :37:03. | |
another company generate more income than regular lats. This leads to a | :37:04. | :37:09. | |
longer term loss of residential lets. Westminster Council alone | :37:10. | :37:21. | |
estimates there ... On constituent wrote to me to say, this style of | :37:22. | :37:25. | |
letting has nothing to do with people making extra money and aside | :37:26. | :37:29. | |
from their homes by renting out the order, the original premise. It has | :37:30. | :37:33. | |
now become a licence for people to make big and nontax declared money | :37:34. | :37:41. | |
at the expense of residents in comparison to its more considerable | :37:42. | :37:46. | |
downsides. Constituents were coming to raise concerns about the impact | :37:47. | :37:49. | |
of their communities becoming an unofficial part of the hotel and | :37:50. | :37:55. | |
hospitality industry. It raises questions that range from the impact | :37:56. | :38:00. | |
of transience to their security, to Anti-Social Behaviour Order rising | :38:01. | :38:06. | |
from noise, and waste issues, overcrowding and a whole range of | :38:07. | :38:09. | |
other sources of disturbance. Those disturbances place a cost and the | :38:10. | :38:15. | |
local authority as well. There right enforcement costs, the costs of | :38:16. | :38:21. | |
noise and other breaches of regulations which are to be met by | :38:22. | :38:24. | |
cash-strapped local authorities. Because it would wrote to say, we | :38:25. | :38:28. | |
are facing house in Bayswater, divided into six lats week manage | :38:29. | :38:34. | |
ourselves. All but one are now non-owner occupied. A few weeks ago, | :38:35. | :38:46. | |
it became obvious they were renting and AirBNB. Our front door key in | :38:47. | :38:53. | |
the stranger's hand. I'm sure it breaches the terms of the building | :38:54. | :39:05. | |
insurance as well. These requirements are being breached as a | :39:06. | :39:10. | |
result of short lats. Meanwhile, tax revenues are going down, and | :39:11. | :39:14. | |
certainly other cities are finding this. One article which looked at | :39:15. | :39:19. | |
the American experience looked at the number of grievances cities have | :39:20. | :39:24. | |
with short reds in terms of lost revenue. A study from all the rooms | :39:25. | :39:33. | |
.com, a vacation search engine found that 2016 revenue would amount to | :39:34. | :39:39. | |
almost $440 million if they were taxed at the same rate as | :39:40. | :39:43. | |
traditional hotels. That is the American experience, we do not have | :39:44. | :39:46. | |
UK experience, but that is where we are going. Councils now have to | :39:47. | :39:53. | |
prove that property is not only being short-lived but has been done | :39:54. | :39:56. | |
so for more than 90 days idiot, a far harder and resource intensive | :39:57. | :40:00. | |
case. What can be done to resolve this? We are looking for local | :40:01. | :40:07. | |
authorities and the Government to be more prepared to intervene to exempt | :40:08. | :40:12. | |
neighbourhoods from the current set of regulations. They have the power | :40:13. | :40:14. | |
to do this, Westminster Council applied and was turned down and be | :40:15. | :40:19. | |
considering a fresh application. The platforms can do more. AirBNB has | :40:20. | :40:26. | |
themselves they will enforce the 90 day rule. They believe it is for the | :40:27. | :40:35. | |
host to uphold the law, and not themselves as letting platforms. | :40:36. | :40:38. | |
What is now necessary for this Bill aims to do is to deduce a light | :40:39. | :40:50. | |
touch online notification system, which allows local authorities to | :40:51. | :40:56. | |
nowhere short holiday lets are taking place. Let's make sure this | :40:57. | :41:02. | |
does not intensify the housing crisis, land costs on others whilst | :41:03. | :41:06. | |
sharing none of the rewards and evict misery and long-term residents | :41:07. | :41:10. | |
who can find themselves waking up in a Hotel Annex after all the | :41:11. | :41:15. | |
caretakers have gone home. The question is that the on-board | :41:16. | :41:19. | |
member have leave to bring in the Bill. As many of that opinion, say | :41:20. | :41:24. | |
I. To the contrary, no. The ayes have it. Who will prepare and bring | :41:25. | :41:34. | |
in the Bill? Jim Fitzpatrick, Andy Slaughter, Kate Green, Peter Kyle, | :41:35. | :41:36. | |
Kerry McCarthy at myself, sir. Shortened holiday let -- short and | :41:37. | :42:19. | |
holiday let accommodation notification of authorities Bill. | :42:20. | :42:26. | |
Intellectual property and its Bill for, not amended to be considered. | :42:27. | :42:33. | |
Thank you. We begin with new clause one. To move which, I call Mr Bill | :42:34. | :42:42. | |
Asmussen. Thank you very much, Mr Speaker. Intellectual property makes | :42:43. | :42:49. | |
a significant contribution to the UK economy each year. In 2014, UK firms | :42:50. | :42:56. | |
estimated ?3 billion in knowledge assets competitive 21 billion pounds | :42:57. | :43:10. | |
in tangible assets. It has risen to 70 billion in 2014 and has been | :43:11. | :43:18. | |
estimated at 4.2% of total GDP. What is more, the UK system of regulating | :43:19. | :43:22. | |
intellectual property is considered to be one of the best rated, another | :43:23. | :43:32. | |
three in the 2016 index. In terms of enforcing the main types of | :43:33. | :43:36. | |
intellectual property rights. It is clear therefore that intellectual | :43:37. | :43:39. | |
property is of great importance to the UK economy. The impact of | :43:40. | :43:47. | |
leaving the European Union on IP is of vital importance to the economy. | :43:48. | :43:54. | |
It is of great interest to businesses who value certainty and | :43:55. | :44:00. | |
its aborted due investors in businesses in the United Kingdom. | :44:01. | :44:04. | |
This Bill applies to patents, trademarks and designs. The minister | :44:05. | :44:11. | |
stated during committee stage that the European patents office or | :44:12. | :44:16. | |
established by international treaty and our participation in the | :44:17. | :44:20. | |
European agent of this will be unaffected by our leaving the | :44:21. | :44:26. | |
European Union. The suggestion is that patents will be untouched by | :44:27. | :44:30. | |
Brexit. It is to be hoped that the minister's confidence is not | :44:31. | :44:36. | |
misplaced. However, there are a number of IP rights deriving from EU | :44:37. | :44:40. | |
regulations which will no longer apply to the UK and the impact of | :44:41. | :44:45. | |
Brexit is at this stage far from clear. As the chartered is a jute of | :44:46. | :44:58. | |
Pete and attorneys -- Institute of patent attorneys. It may be | :44:59. | :45:06. | |
negotiated for rights holders to confirm these international rights | :45:07. | :45:09. | |
or file separate rights. The Government has remained silent on | :45:10. | :45:15. | |
whether or not it intends to implement the new directive in the | :45:16. | :45:20. | |
UK domestic law. In addition, the minister signalled the Government's | :45:21. | :45:24. | |
intention to ratify the called agreement by the end of April. The | :45:25. | :45:30. | |
court deals with disputes relating to patents. If Bruce the threat of | :45:31. | :45:38. | |
unjustified litigation, a point made by Mike honourable friend at | :45:39. | :45:44. | |
committee. Can I ask the Minister, will be still be members of the | :45:45. | :45:49. | |
court after we leave the European Union? It is part of reducing costs | :45:50. | :45:57. | |
across jurisdictions, making it easier to do business. The last | :45:58. | :46:00. | |
thing we need is additional costs and business. Clarity is needed of | :46:01. | :46:07. | |
our membership of the court. He said Ossetians had not been taken, so | :46:08. | :46:10. | |
will the update is and will he confirm his understanding of just | :46:11. | :46:13. | |
how important it is that we minimise the costs across jurisdictions, | :46:14. | :46:19. | |
including with intellectual property rights and what his view is about | :46:20. | :46:24. | |
our potential mothership of the patent court -- our potential | :46:25. | :46:34. | |
membership. There would need to be a new international agreement with the | :46:35. | :46:38. | |
participating member states, and the UK, to avoid compatibility with EU | :46:39. | :46:46. | |
law. -- to provide compatibility. There will be a need for further | :46:47. | :46:56. | |
legislation to deal with cases in progress. It will be unclear whether | :46:57. | :47:04. | |
UK attorneys will be able to represent parties after exit. | :47:05. | :47:10. | |
There is a strong preference for the UK to participate in the system if a | :47:11. | :47:17. | |
solid legal basis for this can be agreed. Given the leading position | :47:18. | :47:24. | |
this country has in patent and patent law. It is a board and to do | :47:25. | :47:29. | |
all we can to maintain our position and make sure confidence remains as | :47:30. | :47:34. | |
high as possible in our position. It is important we avoid taking a step | :47:35. | :47:40. | |
back and losing the benefits that a development of single UK develop and | :47:41. | :47:45. | |
patent protection for brain. The economic and competitive advantage | :47:46. | :47:49. | |
of such protection are clear enough, and it must be that the alternative | :47:50. | :47:56. | |
of having a separate UK system and the likely need for rights holders | :47:57. | :48:02. | |
to apply for UK and EU protection separately will mean additional | :48:03. | :48:17. | |
burned -- burdens for UK companies. Mike honourable friend from | :48:18. | :48:24. | |
Newcastle Central said it is vital that Mr takes all steps to make sure | :48:25. | :48:30. | |
patent law and IP law more generally do not take a retrograde step | :48:31. | :48:35. | |
following Brexit. IP is how innovation is rewarded. It is | :48:36. | :48:39. | |
fundamental in the during our ability to maintain the high pay | :48:40. | :48:45. | |
economy, and that the next generation is better off than the | :48:46. | :48:47. | |
last. We have seen living standards fall since 2010 as the economy has | :48:48. | :48:54. | |
risen. The people of this country cannot afford to miss opportunities, | :48:55. | :49:02. | |
including this one. The alternative of acting as a tax dodgers Paradise | :49:03. | :49:08. | |
will not offer better living standards, and intellectual property | :49:09. | :49:12. | |
is one of many ways in which we must build on our success as a country at | :49:13. | :49:19. | |
not allow decline. How intellectual property rights are protected and | :49:20. | :49:22. | |
how they are seen to be protected during negotiations over Brexit are | :49:23. | :49:28. | |
crucial to delivering and enhancing is this confidence. To investor | :49:29. | :49:37. | |
confidence, and to the best outcome of those negotiations. The Prime | :49:38. | :49:39. | |
Minister might not wish to give a running commentary but she and her | :49:40. | :49:44. | |
ministers do need to reassure business and their staff and the | :49:45. | :49:48. | |
whole country that everything is being done to secure our future. | :49:49. | :49:55. | |
That is why I have tabled the amendment, calling for the governor | :49:56. | :49:57. | |
to review the impact of Brexit and the IP provisions in this Bill. A | :49:58. | :50:04. | |
report back after a year would help bring back sovereignty into this | :50:05. | :50:08. | |
Parliament, something we have heard a great deal about Jerry referendum | :50:09. | :50:17. | |
debate. It would help investors to understand what the post Brexit | :50:18. | :50:22. | |
intellectual property world would be related to the provisions in this | :50:23. | :50:29. | |
Bill. The protections harmonised in the Bill are important to protect | :50:30. | :50:32. | |
our businesses, to ensure a fair market, to encourage entrepreneurs | :50:33. | :50:36. | |
and inventors, to ensure virginity for smaller businesses, especially | :50:37. | :50:40. | |
that those businesses and other but as want to know what the other | :50:41. | :50:47. | |
agents -- what the arrangements will be like after Brexit. I saw this | :50:48. | :50:57. | |
from a law firm who say that discussions are taking place | :50:58. | :51:07. | |
regarding the post Brexit options. IP rights will be affected. | :51:08. | :51:12. | |
Trademarks and designs are likely to be the IP rights most affected, but | :51:13. | :51:15. | |
it will impact on other IP rights as well. And leaving the European | :51:16. | :51:21. | |
Union, the United Kingdom will no longer automatically be covered by | :51:22. | :51:25. | |
EU trademarks. An orderly transitional period is expected, | :51:26. | :51:31. | |
with the potential to split existing EU trademarks in the UK National and | :51:32. | :51:37. | |
EU trademarks post Brexit. Subject to negotiation and relevant | :51:38. | :51:41. | |
supporting legislation. Trademark owners will need to reinstate lapsed | :51:42. | :51:45. | |
UK marks which are being submitted into EU trademarks by seniority, but | :51:46. | :51:51. | |
it is not yet clear how that will work. | :51:52. | :51:55. | |
New EU trademark filings will not extend to the UK. Trademark owners | :51:56. | :52:03. | |
will need to seek national protection in the UK for their | :52:04. | :52:08. | |
trademarks. Application through the Madrid protocol will still be | :52:09. | :52:14. | |
available for designating the UK. The court system will no longer have | :52:15. | :52:21. | |
EU trademark courts post Brexit. The EU trademark holders will not be | :52:22. | :52:26. | |
able to enforce them in the UK and obtain an EU junctions under the EU | :52:27. | :52:31. | |
trademark regulation. The effect on pan EU injunctions already granted | :52:32. | :52:39. | |
is unknown. Brexit will impact on the general jurisdiction of the UK | :52:40. | :52:45. | |
courts. Infringement proceedings may need to be bought separately in the | :52:46. | :52:52. | |
UK and EU. UK trademark laws may develop independently over time and | :52:53. | :52:59. | |
diverged from EU trademark laws. The Court of Justice decisions will not | :53:00. | :53:04. | |
be binding but are likely to be persuasive. They finish by saying | :53:05. | :53:08. | |
there would be no obligation to implement the new trademarks | :53:09. | :53:15. | |
directive in line with the already enforce now community trademark | :53:16. | :53:20. | |
regulation. If breast -- if Brexit takes place before January 2000 and | :53:21. | :53:30. | |
19. The level and degree of uncertainty set out by that legal | :53:31. | :53:36. | |
opinion to show the need for proper analysis, for confidence to be built | :53:37. | :53:41. | |
in during negotiation and not waiting for the end result of when | :53:42. | :53:47. | |
we've left. It's because of the number of ways it was described. | :53:48. | :53:53. | |
There is clearly a considerable amount of uncertainty. We are | :53:54. | :53:58. | |
unlikely to be able to remain in the new European patents Court post | :53:59. | :54:04. | |
Brexit. The Government has not said whether we will implement the | :54:05. | :54:08. | |
trademarks directive. To help with the certainty that business needs, | :54:09. | :54:12. | |
perhaps the Minister could use this opportunity to confirm which IP | :54:13. | :54:17. | |
rights not on the statue books will be enshrined in UK law once we leave | :54:18. | :54:24. | |
the EU? Does he understand from the detailed analysis I read out just | :54:25. | :54:31. | |
how much of a concerned this is? Just how complex it is and how | :54:32. | :54:36. | |
business wants and needs that uncertainty to the good of business | :54:37. | :54:45. | |
and the wider economy. New clause one, review on the impact of | :54:46. | :54:48. | |
accident the European Union on provisions within this act. The | :54:49. | :54:54. | |
question is new clause one B read a second time. This new clause will | :54:55. | :55:02. | |
require the Secretary of State issue a report on impact of the | :55:03. | :55:05. | |
Government's transfer exiting the EU want the provisions within this bill | :55:06. | :55:09. | |
within 12 months of it coming into force. This bill does not take | :55:10. | :55:15. | |
forward any EU obligations. The IP unjustified threats provisions do | :55:16. | :55:18. | |
not derive from EU law, they are home-grown provisions which were | :55:19. | :55:25. | |
enacted in the 19th-century. The important protections provided by | :55:26. | :55:29. | |
this bill will not be changed by Brexit. Businesses pushed the | :55:30. | :55:33. | |
clarity and certainty about how they can contact others over IP disputes | :55:34. | :55:38. | |
and this bill delivers that. Our leaving the EU does not alter this. | :55:39. | :55:46. | |
Some IP rights are EU wide. The bill applies properly to those rights. | :55:47. | :55:50. | |
This ensures the threats regime is consistent across all relevant | :55:51. | :55:54. | |
rights that have effect in the UK. This bill does ensure our UK threats | :55:55. | :55:59. | |
regime will work appropriately with the proposed patent and unified | :56:00. | :56:05. | |
patent court when they come into effect. The honourable member asked | :56:06. | :56:09. | |
about the UPC following our exit from the EU. The options that the | :56:10. | :56:15. | |
UK's intellectual property regime including our relationship with the | :56:16. | :56:19. | |
unified patent core will be the subject of negotiation and it would | :56:20. | :56:26. | |
be wrong to set out unilateral positions in advance. Our efforts | :56:27. | :56:30. | |
will be focused on seeking the best deal in negotiations with our | :56:31. | :56:33. | |
European partners and we won that deal to reflect the mature, | :56:34. | :56:39. | |
cooperative that close friends and allies enjoy. For as long as well | :56:40. | :56:43. | |
members of the EU, the UK will continue to play a full and active | :56:44. | :56:49. | |
role, making sure the IP regime continues to function properly for | :56:50. | :56:54. | |
EU wide rights. The UK's involvement in the EU, IP framework after Brexit | :56:55. | :56:59. | |
is not a matter for this deal but part of the exit negotiations which | :57:00. | :57:03. | |
have not yet begun. It is likely those negations will still be in | :57:04. | :57:11. | |
progress. Publishing the suggested report will be unnecessary and could | :57:12. | :57:15. | |
undermine our ability to negotiate the best deal for Britain in this | :57:16. | :57:22. | |
area. The honourable member asked about EU wide IP rights upon Brexit. | :57:23. | :57:28. | |
We are already talking to businesses and other stakeholders about this | :57:29. | :57:33. | |
important issue. There will be time to address it during negotiations | :57:34. | :57:38. | |
and we will want to see the best outcome and one that supports our | :57:39. | :57:44. | |
innovative businesses. He asked about EU trademarks and designs and | :57:45. | :57:48. | |
we recognise its users will want clarity over the long-term coverage | :57:49. | :57:53. | |
of those rights. We acknowledge the importance of involving users in | :57:54. | :57:55. | |
consideration of these issues. We're with stakeholders to gather views on | :57:56. | :58:02. | |
how to address their concerns. The honourable member asked about the EU | :58:03. | :58:08. | |
trademark reform package and the directive. On balance, we think the | :58:09. | :58:14. | |
trademark reform package is a good one with modernisations that will | :58:15. | :58:17. | |
make the overall system easier and cheaper offer businesses to use. We | :58:18. | :58:22. | |
are committed to getting the right deal for the UK and we will work | :58:23. | :58:28. | |
with Parliament to ensure a smooth and successful exit. This new clause | :58:29. | :58:31. | |
does not help us in any of this work. It is unnecessary and harmful | :58:32. | :58:37. | |
to the UK's interests and I as the honourable member to withdraw his | :58:38. | :58:46. | |
amendment. I'm glad the minister made the point about having | :58:47. | :58:50. | |
discussions with businesses already. That is incredibly important but I | :58:51. | :58:56. | |
do urge him to make clear publicly exactly what the nature of those | :58:57. | :59:02. | |
discussions are sooner rather than later. Businesses are exceedingly | :59:03. | :59:07. | |
worried about the consequences for intellectual property. The picking | :59:08. | :59:15. | |
up the points I made about the relationship between the EU patents | :59:16. | :59:18. | |
law and the UK, a great deal of reassurances needed. I think he | :59:19. | :59:24. | |
understands that. I don't agree with him that we would make life more | :59:25. | :59:29. | |
difficult by having this requirement on Government at all. This would be | :59:30. | :59:34. | |
a sensible move. I would be surprised and concerned if we didn't | :59:35. | :59:39. | |
seize the degree of reporting back during negotiations on these | :59:40. | :59:49. | |
matters. He has made a number of comments about the Government's view | :59:50. | :59:55. | |
in response to the points I've raised and I will withdraw the | :59:56. | :00:03. | |
amendment. Is your pleasure that new clause one B withdrawn? New clause | :00:04. | :00:11. | |
one by leave withdrawn. We now take amendment one with which it will be | :00:12. | :00:15. | |
convenient to debate the remaining amendments to and three. Amendments | :00:16. | :00:27. | |
one and three which are related with primary infringes, the names of | :00:28. | :00:32. | |
those who claim to do, amendment one addresses the concerns of the impact | :00:33. | :00:38. | |
on those who claim to make a product and the fraction to be taken against | :00:39. | :00:41. | |
them and the definition is in amendment three. We are dealing with | :00:42. | :00:48. | |
communication and threats and the essential parts of the bill. As the | :00:49. | :00:52. | |
bill stands, the onus is on a rights bill stands, the onus is on a rights | :00:53. | :00:56. | |
holder not to communicate with a party which claims to be a primary | :00:57. | :01:01. | |
infringer of rights. The example which springs to mind is of an own | :01:02. | :01:05. | |
label brand in the supermarket. I fracture he believes a product which | :01:06. | :01:09. | |
contravenes their rights may not and this bill can UK with the | :01:10. | :01:15. | |
supermarket. Alas, that is, they are confident there is no other way of | :01:16. | :01:20. | |
finding out who the manufacturer really is. The problem here is that | :01:21. | :01:25. | |
for smaller manufacturers wanting to challenge the bigger player, they | :01:26. | :01:32. | |
may not have the expertise or the access to expertise needed to comply | :01:33. | :01:36. | |
with the provisions of the Bill. They don't have the staff or the | :01:37. | :01:40. | |
time or money to engage legal services or to search for the true | :01:41. | :01:44. | |
identity of that manufacturer. A committee stage, the minister said | :01:45. | :01:50. | |
that devotion were taken against a rights holder, they would be able to | :01:51. | :01:56. | |
defend themselves in court. In legal terms, that is accurate the problem | :01:57. | :02:02. | |
is that smaller organisations lacked the resources to be able to do so. | :02:03. | :02:19. | |
The problem is a matter of imbalance and our court system favours those | :02:20. | :02:25. | |
who have the deepest pockets, the greater resources and it doesn't | :02:26. | :02:30. | |
mean smaller businesses. Will a small business risk winning or | :02:31. | :02:33. | |
losing in court? But they have the money to defend themselves against | :02:34. | :02:36. | |
an action or will they think it is worth defending themselves -- | :02:37. | :02:45. | |
defending their property in the first place? I could've found out | :02:46. | :02:49. | |
who the primary infringer was and it could be tough choice as to whether | :02:50. | :02:53. | |
they believe the court will back them or not when they say in court | :02:54. | :02:58. | |
that they didn't realise they should not have been contacting the | :02:59. | :03:01. | |
apparent infringer. My question to the Minister is, if not through what | :03:02. | :03:07. | |
I am proposing and what my honourable friend proposed in | :03:08. | :03:12. | |
committee, then how does he propose to ensure there is a level playing | :03:13. | :03:17. | |
field between protecting the rights holder and preventing unjustified | :03:18. | :03:24. | |
threats, especially where the rights holder is the smaller party? How | :03:25. | :03:28. | |
does he propose to avoid small businesses being guaranteed the | :03:29. | :03:36. | |
ability to operate on a level playing field? To be fair to the | :03:37. | :03:41. | |
Minister, I should say I completely understand that is the purpose of | :03:42. | :03:45. | |
the bill as a whole. Thanks very much go to the Law Commission | :03:46. | :03:50. | |
network in delivering such an objective. The bill has in mind the | :03:51. | :03:55. | |
need to balance encouragement of innovative is, entrepreneurs and | :03:56. | :03:59. | |
investors against the need to ensure a fair market, prevent unfair and | :04:00. | :04:05. | |
exploitative competition. On this point about those who came to be the | :04:06. | :04:11. | |
manufacturer or the primary infringer, there appears to be a | :04:12. | :04:17. | |
degree of ongoing potential threat imbalance in legislation and the | :04:18. | :04:19. | |
Minister's answers in committee did not go far enough to guarantee its | :04:20. | :04:25. | |
smaller businesses will be protected. Move to amendment two, | :04:26. | :04:33. | |
this addresses some of the further concerns of small businesses who | :04:34. | :04:39. | |
lack resources for legal advice and again who may fall foul of the | :04:40. | :04:44. | |
narrow remit of the bill. In this case the amendment addresses the | :04:45. | :04:48. | |
problems where a rights holder challenge is not just the primary | :04:49. | :04:52. | |
infringement but secondary acts of infringement. A rights holder may | :04:53. | :04:56. | |
wish to prevent future infringement. This is about... They might want to | :04:57. | :05:04. | |
comment on related infringement of a similar nature. This is about | :05:05. | :05:08. | |
minimising the fallout from infringements where they are | :05:09. | :05:11. | |
inadvertent. Where a rights holder mention secondary infringements, | :05:12. | :05:16. | |
this amendment would not penalise such communication with a reference | :05:17. | :05:23. | |
about the future potential infringement or similar current | :05:24. | :05:26. | |
infringements. The chartered Institute of Payton and attorneys | :05:27. | :05:31. | |
raised the concern that future infringements were excluded as the | :05:32. | :05:37. | |
bill is now drafted to stop it seems reasonable to ask the infringer to | :05:38. | :05:44. | |
stop now and in the future and not to carry out similar infringements. | :05:45. | :05:50. | |
The amendment also deals with the concern for smaller businesses who | :05:51. | :05:54. | |
lack the resources or expertise to ensure all communications are | :05:55. | :05:59. | |
strictly compliant with the bill 's provisions as currently set out. I | :06:00. | :06:03. | |
agree with the Minister that rights holders should get their | :06:04. | :06:07. | |
communications right and that is a large part of the thrust of what the | :06:08. | :06:13. | |
bill is seeking to do. My concern with this amendment is that with | :06:14. | :06:19. | |
smaller businesses, the lack of access to expertise, of legal | :06:20. | :06:24. | |
expertise, could be a real problem on this point. | :06:25. | :06:30. | |
I'm afraid I didn't follow some of his counterarguments, that it would | :06:31. | :06:37. | |
make it harder for rights holders to approach the infringers with | :06:38. | :06:42. | |
confidence. Our intent is to do that, to increase confidence, | :06:43. | :06:44. | |
especially amongst smaller businesses, as they attempt to | :06:45. | :06:49. | |
protect their property. Again, if not through this amendment, the same | :06:50. | :07:01. | |
point for amendment on, then how? If the attorneys are wrong, in what way | :07:02. | :07:05. | |
are they wrong? If the languages of age, a point you make in committee, | :07:06. | :07:09. | |
why has this Department not suggested clearer language? With all | :07:10. | :07:15. | |
of the expertise we have here today, in fact, and in the Department, it | :07:16. | :07:20. | |
should be possible for the Minister to obtain the clarity of language | :07:21. | :07:26. | |
that would address the concerns we have been raising. I wonder, did he | :07:27. | :07:34. | |
ask for that kind of advice and the clarification and the language that | :07:35. | :07:37. | |
would have addressed these problems and provided that additional | :07:38. | :07:40. | |
assurance to smaller businesses and would have felt to alleviate some of | :07:41. | :07:47. | |
the concerns raised? I wonder, if he didn't, then why didn't he? The | :07:48. | :07:54. | |
question is that amendment on be made. Mr Joe Johnson. One of the key | :07:55. | :08:00. | |
purposes of this Bill is to signify an important but complex part of IP | :08:01. | :08:06. | |
law, making it more accessible and easy to use. One way it does this is | :08:07. | :08:10. | |
to set out a clear statement of those acts which are rights holder | :08:11. | :08:15. | |
can refer to in communication and will not trigger an unjustified | :08:16. | :08:20. | |
threats action. This encourages rights holders to communicate with | :08:21. | :08:24. | |
the trade source of an infringement. That would include those who import | :08:25. | :08:43. | |
protected items. It will make it allowable to... There are two key | :08:44. | :08:49. | |
points. First, and the reforms as they stand, a rights holder can | :08:50. | :08:52. | |
already can indicate with potential infringers at all times, including | :08:53. | :08:58. | |
those identified by amendments one and three. The Bill provides clear | :08:59. | :09:04. | |
guidance on how this can be done. The provisions therefore make it | :09:05. | :09:09. | |
easier for parties including SMEs to communicate and resolve issues | :09:10. | :09:12. | |
without the need for litigation. Second, it is perfectly allowable to | :09:13. | :09:16. | |
make a threat to anyone so long as that threat refers only to | :09:17. | :09:20. | |
manufacturing and importing or other primary acts. Someone making such a | :09:21. | :09:27. | |
threat would not be at risk of being sued even if the recipient was | :09:28. | :09:32. | |
falsely claiming to do those acts. For those reasons, as well as the | :09:33. | :09:36. | |
additional complexity introduced, I do not accept that the amendments | :09:37. | :09:41. | |
are appropriate. Moving on to amendment two, it is important that | :09:42. | :09:45. | |
issues of infringement can be raised early before the real commercial | :09:46. | :09:48. | |
damage is done. For this reason, the Bill as drafted allows threats to be | :09:49. | :09:53. | |
made in regards to future or intended acts of primary | :09:54. | :09:57. | |
infringement. And men that to does not add anything here. -- amendment | :09:58. | :10:05. | |
two. It refers to certain secondary acts working indicating with an | :10:06. | :10:12. | |
alleged infringer. When someone is manufacturing and allegedly | :10:13. | :10:14. | |
infringing product, the rights holder can discuss the retailing of | :10:15. | :10:20. | |
that product. Users want at this, it saves time and money, but it would | :10:21. | :10:23. | |
not be right to extend this further and allow threats to be made about | :10:24. | :10:28. | |
the stocking the product that they did not themselves make. This can | :10:29. | :10:38. | |
damage businesses who acquire products from legitimate | :10:39. | :10:46. | |
manufacturers. Finally, it is highly uncertain for businesses what would | :10:47. | :10:51. | |
be considered to be fundamentally similar acts of infringement, as set | :10:52. | :10:57. | |
out in the amendment. Litigation on the meaning would ensue. If it is to | :10:58. | :11:03. | |
capture similar products, this is not achieved. To conclude, these | :11:04. | :11:09. | |
amendments would introduce additional unwelcome complexity. | :11:10. | :11:11. | |
They would blur the line between who is protected from threats and who | :11:12. | :11:16. | |
can be safely approached. Rather than benefiting fights holders, this | :11:17. | :11:21. | |
could make getting legal advice more difficult and more costly. For these | :11:22. | :11:24. | |
reasons, I would ask the honourable member to withdraw his amendments. | :11:25. | :11:34. | |
Thank you. We appear to have rehearsed more or less word for word | :11:35. | :11:41. | |
what happened in committee there. I am disappointed in the minister's | :11:42. | :11:47. | |
responses, because he does not appear to have picked up this | :11:48. | :11:49. | |
concern about the imbalance between large and small businesses, which | :11:50. | :11:55. | |
really is a fundamental element of what we think is missing from the | :11:56. | :12:01. | |
way the Bill is drafted. I would have liked greater clarity or I | :12:02. | :12:07. | |
would like greater clarity from him, but perhaps that will come as the | :12:08. | :12:14. | |
Bill is incremented. I would urge that the Government does consider | :12:15. | :12:20. | |
the impact on small businesses of what is going through here. The | :12:21. | :12:30. | |
point about own label, I think the point here is that once the rights | :12:31. | :12:40. | |
holder has found out, this is what the amendment was saying, that an | :12:41. | :12:47. | |
own label product is being made by the supermarket then such action | :12:48. | :12:54. | |
would have to cease or which would be covered by the legislation. That | :12:55. | :12:59. | |
was our intention. We have debated this at committee and again here. I | :13:00. | :13:03. | |
hope the points about the need to protect smaller businesses are well | :13:04. | :13:10. | |
made and I would be seeking to push these two about. I thank the | :13:11. | :13:15. | |
Minister for his responses. Is a job measure that amendment on | :13:16. | :13:22. | |
be withdrawn? Amendment on withdrawn. Consideration completed. | :13:23. | :13:33. | |
Third reading? Minister to move third reading? I beg to move. It | :13:34. | :13:41. | |
will now be read a third time. Intellectual property is essential | :13:42. | :13:46. | |
to supporting economic growth and a key part of our strategy. I'm | :13:47. | :13:51. | |
pleased that a small but important IP Bill will configure the passage | :13:52. | :13:57. | |
today. Businesses are best able to make use of the IP regime. In doing | :13:58. | :14:01. | |
so, it will deliver the Government was macro and fester commitment to | :14:02. | :14:07. | |
make the UK the best place in Europe to innovate new patent ideas and | :14:08. | :14:15. | |
expand a business. It brings clarity and consistency, making it easier | :14:16. | :14:20. | |
and cheaper to solve issues quickly and without litigation. It clearly | :14:21. | :14:25. | |
defines how information can be exchanged to resolve disputes over | :14:26. | :14:29. | |
IP infringement. It means legal advisers will be able to settle | :14:30. | :14:32. | |
disputes without becoming embroiled themselves. The reforms contained in | :14:33. | :14:38. | |
this Bill are widely supported by stakeholders, not least because of | :14:39. | :14:41. | |
careful research and consultation by the Law commission. I give thanks to | :14:42. | :14:46. | |
the Law commission and the Scottish Law commission for their hard work | :14:47. | :14:50. | |
and expertise in developing these reforms and for the support they | :14:51. | :14:53. | |
have given the Bill during its passage. I would like to highlight | :14:54. | :14:58. | |
the value of the special Parliamentary procedure used by this | :14:59. | :15:01. | |
Bill. It has been strengthened by the detailed scrutiny in the Other | :15:02. | :15:06. | |
Place afforded by the procedure. In this House, I'm grateful to | :15:07. | :15:10. | |
honourable members, especially those who served on the committee for the | :15:11. | :15:13. | |
interest and giving it to consideration. My thanks also go to | :15:14. | :15:19. | |
the hard-working Bill team and other intellectual property office workers | :15:20. | :15:27. | |
who have worked on it. They are part of the wider regime and provide | :15:28. | :15:30. | |
much-needed protection. These reforms will ensure these provisions | :15:31. | :15:35. | |
are fit for purpose and make a difference to our innovators, | :15:36. | :15:38. | |
designers and businesses. I commend the Bill to the House. The question | :15:39. | :15:42. | |
is that the Bill be now read the third time. Mr Bill | :15:43. | :15:55. | |
Esterson. They are exactly overall what is | :15:56. | :16:03. | |
needed to create that level playing field to create the support for | :16:04. | :16:08. | |
innovation and creativity. Those who develop ideas need to have their | :16:09. | :16:15. | |
ideas protected and supported, bringing together the different | :16:16. | :16:21. | |
elements of intellectual property legislation in the wake this Bill | :16:22. | :16:26. | |
has done. I think it is the right way to go. I've mentioned in the | :16:27. | :16:34. | |
report stage some of the figures and benefits and the fact the UK has one | :16:35. | :16:39. | |
of the finest IP systems in the world. We must do all in our power | :16:40. | :16:45. | |
to ensure that continues. It is one of the reasons why this country is | :16:46. | :16:49. | |
an attractive place for investment, it is one of the reasons we must be | :16:50. | :16:53. | |
optimistic about our future, in spite of the many challenges that we | :16:54. | :17:00. | |
currently face and the uncertainty, particularly around Brexit. There | :17:01. | :17:08. | |
are concerns that we have raised throughout this process. It is a | :17:09. | :17:11. | |
shame it was not more about alternative dispute resolution in | :17:12. | :17:22. | |
the Bill. It is, I think, the opportunity to tighten up the | :17:23. | :17:28. | |
support of smaller businesses, that would have been welcome, but it has | :17:29. | :17:33. | |
not happened. We need to reward innovation, we need to win ought | :17:34. | :17:39. | |
entrepreneurs. We need to balance that against a fair market, a | :17:40. | :17:44. | |
successful economy. The Minister mentioned the industrial strategy | :17:45. | :17:52. | |
green paper. It is very much critical to the success of an | :17:53. | :17:58. | |
industrial strategy that our intellectual property system | :17:59. | :18:04. | |
functions as well as possible. I hesitate to say I look forward to | :18:05. | :18:10. | |
the way this will develop during the Brexit negotiations, but we will | :18:11. | :18:12. | |
certainly need to work extremely hard to make sure that the success | :18:13. | :18:21. | |
of our IP system is three tamed. -- is retained during the negotiations. | :18:22. | :18:30. | |
The way that IP systems in the UK and across the European Union are so | :18:31. | :18:39. | |
closely linked. Advisers are a step forward, as well as the clarity | :18:40. | :18:45. | |
achieved by this Bill. We certainly supported the broad principles and | :18:46. | :18:49. | |
the overall aims and objectives that have been achieved. I add my thanks | :18:50. | :18:55. | |
to the Law commission and those who have worked on the Bill, those who | :18:56. | :19:01. | |
served on the Bill committee. I hope this will achieve what is intended | :19:02. | :19:12. | |
for it. The question is that the Bill be now read the third time. As | :19:13. | :19:18. | |
many of that opinion, say ayes. On the contrary, no. The ayes have it. | :19:19. | :19:29. | |
I must say, that is the most efficient Bill I have ever seen in | :19:30. | :19:34. | |
this House! I think that somebody somewhere ought to be commended for | :19:35. | :19:43. | |
it. We now come to the general debate on fuel poverty. I call the | :19:44. | :19:53. | |
Minister to move the motion. I'm delighted to move the motion and | :19:54. | :19:58. | |
open the first annual debate on fuel poverty. It is important because the | :19:59. | :20:03. | |
issue is so important. The fact remains that so many of our fellow | :20:04. | :20:13. | |
citizens and deciduous struggle to afford to keep their homes at | :20:14. | :20:23. | |
reasonable temperatures. There is a lot of more to do to meet the | :20:24. | :20:28. | |
demanding target we have quite rightly set ourselves as a country | :20:29. | :20:33. | |
for 2030. It is quite right that the Government of the day should be held | :20:34. | :20:37. | |
to regular account on what they are doing and encouraging others to do | :20:38. | :20:42. | |
in the face of this conflict and stubborn challenge. It is also | :20:43. | :20:48. | |
important because it is a chance for the Department to hear from MPs | :20:49. | :20:51. | |
across the nation. In our day-to-day, we as MPs, cross the | :20:52. | :20:56. | |
consequences of fuel poverty, not least in terms of the impact on our | :20:57. | :21:04. | |
constituents. Before we get into the discussion, I want to set out the | :21:05. | :21:08. | |
context. Over the past five years, government has taken action to | :21:09. | :21:11. | |
overhaul the framework to tackle fuel poverty in England. At long | :21:12. | :21:17. | |
last, we have a long-term strategic framework for action on fuel poverty | :21:18. | :21:22. | |
rooted in the 2015 fuel poverty strategy and the long-term strategy | :21:23. | :21:27. | |
target. This journey began in 2012 with the independent review if you | :21:28. | :21:30. | |
poverty led by Professor Sir John Hills. It found that fuel poverty is | :21:31. | :21:35. | |
a distinct issue, separate from income poverty. This debate links to | :21:36. | :21:40. | |
other areas of policy such as the action the Government is taking to | :21:41. | :21:44. | |
improve living standards such as the national Living Wage and increasing | :21:45. | :21:50. | |
the tax thresholds for the lowest pay. We need to make sure that the | :21:51. | :21:56. | |
energy market works for all. The meter tariff is a welcome first | :21:57. | :22:03. | |
step. As the energy minister indicated last week, a consumer | :22:04. | :22:09. | |
green paper will be out shortly. Today, I want to focus on the policy | :22:10. | :22:12. | |
framework which is specific to the issue of fuel poverty. It has been a | :22:13. | :22:17. | |
journey to this point. It started with the review, which reflected on | :22:18. | :22:22. | |
the previous activity at measures to tackle fuel poverty and highlighted | :22:23. | :22:26. | |
that while 10% indicator used at that time was well meaning, it was | :22:27. | :22:30. | |
fundamentally flawed. ensure that the poor have when we | :22:31. | :24:20. | |
saw the fuel poverty strategy. The strategy sets out the principles the | :24:21. | :24:27. | |
government would apply. It is important for there to be public | :24:28. | :24:33. | |
accountability, including the departmental body, the fuel advisory | :24:34. | :24:37. | |
group previously. I welcome the insight and challenge that the | :24:38. | :24:39. | |
chemist It is important to set out why we | :24:40. | :25:19. | |
have arrived at this point and also in light of the significant change | :25:20. | :25:23. | |
facing our country to reflect on the importance of giving the people of | :25:24. | :25:27. | |
Scotland a democratic choice over our future. As a result of the | :25:28. | :25:32. | |
Brexit vote, we know changes now inevitable. The question is what | :25:33. | :25:37. | |
kind of right for Scotland should that be decided for us or by us. In | :25:38. | :25:44. | |
the past two years, the Scottish Government has made a number of | :25:45. | :25:48. | |
proposals designed to protect Scotland from the impact of | :25:49. | :25:49. |