The
Committee consisted of the following
Members:
Chairman:
Mrs.
Janet Dean
Burt,
Lorely
(Solihull)
(LD)
Cawsey,
Mr. Ian
(Brigg and Goole)
(Lab)
Crabb,
Mr. Stephen
(Preseli Pembrokeshire)
(Con)
Davies,
David T.C.
(Monmouth)
(Con)
Heppell,
Mr. John
(Nottingham, East)
(Lab)
Ingram,
Mr. Adam
(East Kilbride, Strathaven and Lesmahagow)
(Lab)
Kaufman,
Sir Gerald
(Manchester, Gorton)
(Lab)
Leigh,
Mr. Edward
(Gainsborough)
(Con)
Lucas,
Ian
(Parliamentary Under-Secretary of State for Business, Innovation
and Skills)
Marsden,
Mr. Gordon
(Blackpool, South)
(Lab)
Prentice,
Mr. Gordon
(Pendle)
(Lab)
Robertson,
Mr. Laurence
(Tewkesbury)
(Con)
Stoate,
Dr. Howard
(Dartford)
(Lab)
Thurso,
John
(Caithness, Sutherland and Easter Ross)
(LD)
Tredinnick,
David
(Bosworth)
(Con)
Wicks,
Malcolm
(Croydon, North)
(Lab)
Gosia McBride, Committee
Clerk
attended the
Committee
Eighth
Delegated Legislation
Committee
Wednesday 24
June
2009
[Mrs.
Janet Dean in the
Chair]
Draft
Companies House Trading Fund (Amendment) Order
2009
2.30
pm
The
Parliamentary Under-Secretary of State for Business, Innovation and
Skills (Ian Lucas): I beg to
move,
That
the Committee has considered the draft Companies House Trading Fund
(Amendment) Order
2009.
It
is a great pleasure to appear in Committee before you for the first
time, Mrs. Dean. Today, we are debating the Companies House
Trading Fund (Amendment) Order, and I shall begin by setting it in
context. Companies House is an Executive agency of the Department for
Business, Innovation and Skills and became a trading fund in 1991. It
registers companies and other forms of business organisations and
records information that must be filed with that, such as accounts.
Those records are then made available for public
inspection.
Companies
House became a trading fund because it met the requirements as set out
in the Government Trading Funds Act 1973. The requirements are that its
revenue is made up principally of receipts and that it could achieve
efficiencies through acquiring the status. For example, trading fund
status has enabled Companies House to respond more quickly to changing
customer needs. As a trading fund, Companies House also has greater
flexibility to pass on efficiency savings to customers in reduced
fees.
Companies
House has worked closely with the Department on the staged
implementation of the Companies Act 2006. That will be implemented
fully on 1 October 2009. At that point, the scope of company law will
be extended to apply to Northern Ireland at the request of the Northern
Ireland Executive and following consultation, which showed clear
support.
Applying
the law to the whole of the United Kingdom sets the scene for a single
UK registry of companies. We propose that the Northern Ireland registry
should be fully integrated into Companies House. That would have
significant benefits. In practical terms, customers could refer to a
single register for information relating to all UK companies, with a
single set of fees. As a result, all UK customers will have access to a
broader range of products and services, including more electronic and
premium or same-day services. It would also allow for greater economies
of scale. There will continue to be a registrar for Northern Ireland,
and the Belfast office will remain
open.
In
order to integrate the two registries, the Companies House Trading Fund
Order needs to be amended, and it is that amendment we are debating
today. It will allow the operations of the registrar to be funded on
the same basis throughout the whole of the United Kingdom. I commend
the order, which I believe is the most efficient and beneficial method
of achieving a United Kingdom-wide
approach.
2.33
pm
Mr.
Laurence Robertson (Tewkesbury) (Con): I, too, welcome you
to the Committee, Mrs. Dean. I have not had the pleasure of
serving under your chairmanship. If I had done, you would be aware that
it is not my practice to drag out proceedings in Committee for the sake
of it if there is not a lot to say, and I do not intend to do so. I
should explain that I am a Front-Bench spokesman on Northern Ireland.
We had some debate about who should speak in Committee for the
Opposition, and it fell to me because of the Northern Ireland
involvement in the
order.
I
am grateful to the Minister for his brief but clear explanation of the
order. I support it, but I have one or two questions. What steps will
the Government take to ensure that customers and businesses are aware
of the changes? Does the hon. Gentleman have an estimate of how much it
would cost Companies House to update and modify the existing structure
and how long does he think it would take to incorporate the Northern
Ireland registry into Companies House? The Minister has already said
that he expects the Belfast office to remain open. That is good news,
certainly these
days.
Will
the order restrict the ability in any way of the Northern Ireland
Assembly to change company law in Northern Ireland? My understanding is
that it will not, but I would like the Ministers assurance
about that. The overriding concern is whether the order will impact on
devolution. Again, my understanding is that it will not, but again I
should like the hon. Gentlemans reassurance. Beyond that, I
have no further questions to ask or points to
make.
2.34
pm
Lorely
Burt (Solihull) (LD): I welcome you to the Chair,
Mrs. Dean, for what seems to be a brief debate on the
statutory instrument. We welcome the order as a sensible and
cost-effective method of affording individuals the ability to look up
companies and companies information, and to register that
information.
The
Minister said that all sorts of information on different types of
companies can be found on the register, and I wonder whether he would
consider a suggestion that I have made several times but he probably
has not heard before, which is that in addition to different types of
information about a company, would it not be possible to incorporate a
register of the number of administrations that directors had been
through? We have talked about the amount of savings the register will
elicit, but an administrations register would elicit even bigger
savings, because directors of companies who are considering trading
with another company could have fast and easy access to find out how
many companies the directors had previously put into administration. I
have been asking for a register of administrations. Whether here or a
separate entity, I ask the Minister to take that proposal on
board.
2.36
pm
Ian
Lucas: I am grateful to hon. Members for the brevity of
their responses. I will try to deal with the issues raised. The hon.
Member for Tewkesbury referred to the important issue of informing
companies in Northern Ireland of the action being taken. It is the
intention of Companies House to write to all companies there to
inform them of the change taking place, and to hold a number of customer
information events throughout Northern Ireland to clarify what is
happening.
In the
impact assessment the cost of the integration of the Northern Ireland
registry was originally estimated to be about £200,000. That was
substantially outweighed by the benefits set out in the impact
assessment, but in fact the costs have now been estimated to be as
little as £64,000, which includes £40,500 on analysis and
development and £23,500 on testing, travel and subsistence. That
calculation shows that it is extremely sensible to proceed with this
step. It has been widely supported and is, of course, supported by the
Northern Ireland Executive. As for the length of time that it will take
to incorporate the registry, it is anticipated that the process will be
completed by 1 October 2009, so it is a swift process and that is the
date on which we will proceed.
With regard
to the impact on company law in Northern Ireland, company law remains a
devolved area, but on this occasion the NI Executive have chosen to
transfer the responsibility to the UK Government, although they still
have responsibility for the issue.
The hon.
Member for Solihull is right to say that I have not heard her
suggestion before. I will look into it and write to her about it. There
will probably be other occasions when the hon. Lady will be able to
raise the issue, but I will look into it and see whether it is
something with which we agree. I commend the order to the
Committee.
Question
put and agreed to.
2.39
pm
Committee
rose.