Tag: Alok Sharma

Below is the text of the statement made by Alok Sharma, the Secretary of State for Business, Energy and Industrial Strategy, in the House of Commons on 29 June 2020.

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

Covid-19 has had a profound impact across the economy. It required many businesses to shut their doors on 23 March, and they have taken a significant economic hit to protect the public’s health, so it was vitally important, at the start of this pandemic, that we put our arms around businesses to provide them with support to protect our people’s livelihoods at the same time as we protected our nation’s health.

So far, the job retention scheme has supported over 9 million jobs; 2.6 million people have been helped by the self-employment scheme; over 850,000 small businesses have benefited from around £10.5 billion in grants; and over £40 billion of Government-backed loans have been made to over 970,000 businesses. Every one of these interventions has helped individual families in each of our constituencies, but we are now reopening the economy in a cautious and phased manner, and the measures in the Bill are designed to provide a boost to businesses to help them as they look to bounce back from a period of enforced hibernation.

On 25 June, the Corporate Insolvency and Governance Bill received Royal Assent, and I thank the right hon. Member for Doncaster North (Edward Miliband) and all colleagues for their support in an expeditious passage for that Bill. Similarly, I hope we will be able to expedite the passage of the Business and Planning Bill. I acknowledge the very constructive discussions that we have had on the individual measures in the Bill with the shadow Secretary of State and, indeed, all shadow Ministers.

The overall aim of the Bill is to provide an adrenaline boost to key sectors of our economy. We want to support the hospitality sector by allowing outdoor dining and off-premises sale of alcohol, helping the sector back on its feet with the promise of al fresco dining for all this summer.

Jonathan Gullis (Stoke-on-Trent North) (Con)

Does my right hon. Friend agree that the measures allowing al fresco dining are essential to allowing the food and hospitality sector to bounce back following lockdown, and will he encourage all those businesses to go and update their ceramics and buy purely from Stoke-on-Trent?

Alok Sharma

My hon. Friend makes a compelling case for his constituency, and he makes an equally important point that this is an opportunity to get businesses going—up and running—after a period of enforced hibernation.

Sir Edward Leigh (Gainsborough) (Con)

We are all very grateful for my right hon. Friend’s efforts, particularly to help small businesses. I have noticed in Lincolnshire that small businesses and shops seem to have done better during the lockdown, as people have wanted to shop locally. As we are helping small business, would it not be a retrograde step if we were to reopen Sunday trading laws, since it is our present Sunday trading laws that do so much to protect small shops and businesses from large businesses and supermarkets?

Alok Sharma

As my right hon. Friend will know, measures related to Sunday trading are not in the Bill, but of course Sunday trading has been temporarily relaxed in the past, during the Olympics, and that was about ensuring support for businesses and consumers. But as I said, that is not in the Bill.

Through this Bill, we also want to support the construction sector to get Britain building again by enabling the extension of site operating hours and extending until 1 April 2021 planning permissions that have lapsed or will lapse between 23 March and 31 December.

Katherine Fletcher (South Ribble) (Con)

Does my right hon. Friend agree that construction is vital to getting our economy going, including in South Ribble, where my constituents are looking forward to the new Tesco’s in Penwortham? For that reason, I welcome these measures. Does he agree that they are vital to supporting growth as we come out of lockdown?

Alok Sharma

My hon. Friend makes an important point. I know she is working incredibly hard to support businesses in South Ribble, and I am sure she is looking forward to going to the Tesco’s once it is up and running.

We also want to support the transport sector by enabling shorter-term licences for drivers of heavy goods vehicles and passenger carrying vehicles and allowing for the risk-based testing of HGVs and public service vehicles. These measures will allow goods and public transport to keep moving. We want to continue to support small and medium-sized enterprises through the quicker delivery of bounce-back loans, which have provided a financial lifeline for more than 920,000 small businesses so far. This measure is retrospective and will disapply elements of consumer credit law.

Kevin Hollinrake (Thirsk and Malton) (Con)

I speak as co-chair of the all-party group on fair business banking and support the suspension of the Consumer Credit Act 1974 with regard to bounce-back loans due to affordability issues, but does the Secretary of State agree that it is vital that lenders still comply with the requirement to treat customers fairly in the collection process or if there are debt issues later on and that forbearance is applied?

Alok Sharma

As ever, my hon. Friend raises an incredibly important point. Yes, forbearance is part of these measures, and we would expect that very much to apply.

Before I turn to the detail of the Bill, I want to thank all those across industry and both Houses who have engaged with the Government to help develop the measures in the Bill. I also thank the Local Government Association, the National Police Chiefs’ Council, the Home Builders Federation and the British Property Federation for sharing their expertise. I am pleased to say that the measures in the Bill enjoy wide stakeholder support. The LGA, the Federation of Small Businesses, the British Beer and Pub Association, UKHospitality, the Freight Transport Association, the Road Haulage Association, the Royal Town Planning Institute, the British Property Federation and UK Finance have all expressed their support.

Huw Merriman (Bexhill and Battle) (Con)

I add my name to that long list, but can my right hon. Friend give some confidence to local authorities? There are a lot of planning rules and regulations, and some of our planning officers are quite conservative in their interpretation. Where there is discretion, can we send the message out from this place that decisions must be decided in favour of business and of opening up?

Alok Sharma

Of course we want to make sure that businesses open up, and we want local authorities to help local businesses do that, which is precisely the reason for these measures. We will publish guidance alongside the measures in the Bill, and I would ask local authorities to adhere to it. If my hon. Friend has any specific suggestions, I would be very happy to hear from him, as would my right hon. Friend the Secretary of State for Housing, Communities and Local Government, who will wind up this debate.

Greg Clark (Tunbridge Wells) (Con)

My right hon. Friend is making a compelling case for giving a boost to many sectors of the economy, but will he reflect on the fact that some sectors will not be able to reopen because of the necessary rules? I am thinking of theatres, concert venues and other music venues. Given the need to adhere to the rules, will he make special provision for those that cannot trade their way out of difficulty?

On the point that my hon. Friend the Member for Bexhill and Battle (Huw Merriman) made, it would be very unfortunate if any of these venues, theatres or concert halls fell into insolvency, and we hope to avoid that, but in doing so we should guard against granting planning permissions that take them immediately out of those very valued uses. Will my right hon. Friend reflect on both during the passage of this Bill?

Alok Sharma

My right hon. Friend, who has previously served as Business Secretary with great distinction, raises a number of important points. On insolvency, he will know that with the support of both Houses, we passed the Corporate Insolvency and Governance Act 2020, which came into effect on 25 June. When it comes to providing support to businesses, I think the best thing we can possibly do is to open them up, and I know that that is a sentiment that he will appreciate as a former Business Secretary. I would love to be able to have the whole economy operating and opening up, but we all understand why we are taking a phased and cautious approach: we want to continue to meet our five tests, and we want to ensure that the R value stays below one. In the tourism sector and the theatre sector, which he mentioned, ministerial colleagues are working closely on these issues.

I turn first to the temporary measures in the Bill to step up the recovery of our hospitality sector. Our 127,000 pubs, restaurants and cafés, which employ around 2 million people, are the lifeblood of our high streets and town centres. Social distancing guidelines significantly affect their capacity to accommodate customers, and food and beverage service activity has fallen by nearly 90% in the last quarter. The Bill introduces a temporary fast-track process for pubs, cafés and restaurants to obtain local council permission to place tables and chairs on the pavement outside their premises.

Anthony Mangnall (Totnes) (Con)

I spent my weekend in Dartmouth speaking to some of those businesses in the hospitality and tourism trade. May I associate myself with the words of my hon. Friend the Member for Bexhill and Battle (Huw Merriman) about making sure that councils are not over-zealous in their approach to allowing businesses to adopt the measures in the Bill for outdoor dining? I think it is very important that we can give those businesses reassurance.

Alok Sharma

Of course my hon. Friend makes an important point, but I think local authorities will understand that it is in their self-interest to ensure that businesses can open and that high streets flourish. I certainly encourage businesses to look at the guidance and adhere to it.

Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)

In my borough, licensed premises are a very important part of the local economy, and we work with local residents to support them. This measure, with seven days’ notice, allows an enormous amount of off-sales, which are already causing havoc in my constituency with people defecating, urinating and leaving problems in parks. People are talking about fake Glastonbury. This is going to cost my borough a lot of money to police. We are not party poopers, but we do not want the other sort of pooping, either. Will the Secretary of State make provision to allow councils some discretion where there is a particular problem with a licensed premises causing antisocial behaviour?

Alok Sharma

Ultimately, it is possible to revoke these permissions, and expedited processes have been put in place. Nobody wants to see bad behaviour, but this is a 10-day process, and there is an opportunity in the first five working days for anyone to put in their views to the local authority. Ultimately, the local authority decides. There is also a clear requirement that a legible notice is put up at the premises, so anyone who is in the locality will be able to see it when they pass by, and they can make representations if they wish. These new measures will cut the time to receive approval for this licence from an average of 42 working days to just 10 working days, and the application fee is capped at £100.

Public safety and access for disabled people using pavements is of course absolutely vital, so I can confirm that local authorities will be able to refuse or revoke licences where appropriate. The Government will be publishing minimum requirements and guidance for footway widths and distances required for access by disabled people.

Matt Western (Warwick and Leamington) (Lab)

The Secretary of State spoke earlier about the organisations that he has consulted. Has he engaged with, say, the Guide Dogs for the Blind Association to understand the sorts of risks and challenges that people with sight loss face? We have a centre for guide dogs in my constituency. This is a real issue for these organisations.

Alok Sharma

I can confirm that we have engaged with disability groups in the preparation of the clauses in this Bill.

We will also be making changes to alcohol licensing. Currently, any licensee wishing to add off-the-premises sales permission has to apply for a licence variation. This takes time, with a 28-day notice period, adverts placed, and sometimes a hearing. Ordinarily, of course, that is necessary. However, hospitality businesses are not operating in ordinary economic times, as we all acknowledge, so the Government are temporarily changing the process. Under the measures in this Bill, most licences will automatically and temporarily be extended to include off-the-premises sales. However, there are safeguards in place. The extension will not include premises that have been denied off-sales permission or had it removed within the past three years. Taken together, these measures will help our hospitality industry to get back to business over the busy summer months.

Meg Hillier

Has the right hon. Gentleman given any thought to allowing a review of this Bill, because—I am particularly talking about the hospitality industry—it will be coming into operation over a busy summer period, and we will see the effects of that? If he were to agree to a three-month review period where we, as a House, can see the evidence and then, if necessary, amend legislation, that would be a welcome step.

Alok Sharma

First, these are of course temporary measures. A 90-day rolling review, which I think the hon. Lady is proposing, would undermine the certainty that we are giving businesses in terms of these particular measures. She will know, however, that should the Government wish to extend any of the measures, they will be subject to made affirmative or draft affirmative procedures, so they will come before the House before there is any opportunity to extend them further.

I now return to the issue of trying to get the construction sector moving. In 2018, this sector represented almost 9% of our GDP. Lockdown has had a profound impact on construction sites across the country. We estimate that almost 1,200 unimplemented major residential planning permissions, with capacity to deliver over 60,000 homes, have lapsed or will lapse between the start of lockdown on 23 March and 31 December this year. Therefore, the Bill introduces powers to extend these planning permissions and listed building consents to 1 April 2021. This will be automatic for permissions that have not lapsed at the point that these measures come into force. Lapsed permissions can be reinstated and can benefit from the same extension, but subject to necessary environmental approvals.

We will also make it quicker for developers to apply for longer construction site working hours. This will help to facilitate safe working—for example, by staggering workers’ hours—and to make up for lost progress. Applications will be concluded within 14 days. This measure does not apply to applications from individual householders. Local authorities retain discretion and can refuse applications where there would be an unacceptable impact. Again, this is a temporary measure. Extended hours can only last up until 1 April 2021, unless extended by secondary legislation.

Richard Fuller (North East Bedfordshire) (Con)

Across my constituency, there is already tremendous local sensitivity about excessive developments, the planning process and some of the procedures for public participation in the process being curtailed—there are virtual meetings and sometimes council executives make decisions on their own. Will the Secretary of State assure me that the Bill will not limit public participation in anything that might be the result of an extension or expansion of existing planning permission or indeed a new planning permission?

Alok Sharma

No, it will not. I will talk a bit about hybrid appeal proceedings, and I think my hon. Friend will find that helpful.

There are two further planning measures that relate to the new spatial development strategy for London and hybrid appeal proceedings. The Mayor of London will shortly publish the new spatial development strategy, setting out plans for new homes for London. The Bill temporarily removes, until 31 December, the requirement for the strategy to be available for physical inspection and to provide hard copies on request. That ask from the Mayor of London will help to address practical challenges from social distancing.

Social distancing has also constrained the Planning Inspectorate’s ability to conduct hearings and inquires, and a backlog has been growing. Through the Bill, we will enable the inspectorate to combine written representations, hearings and inquiries when dealing with appeals. That change was recommended by the independent Rosewell review. A recent pilot undertaken on the review measures reduced average decision-making time from 47 weeks to 23 weeks.

Jim Shannon (Strangford) (DUP)

The Secretary of State mentioned 60,000 houses that big companies will be able to build, but does he recognise that small and medium-sized companies that do refurbishments, extensions and small works are critical to the core of the economy? Will he ensure that they can also progress their applications through councils for approval? They may be sitting on the line where that may not happen.

Alok Sharma

As I said, these measures will not relate to residential applications that have been made. The whole point is to get the construction sector moving. I have talked about a range of measures that we have set out for the sector, and I hope that more SME builders will be able to take advantage of them.

The Bill will enable lenders to continue issuing bounce-back loans quickly and at scale. It will retrospectively disapply the unfair relationships provisions in the Consumer Credit Act 1974 for lending made under the scheme. Reflecting current circumstances, the bounce-back loan scheme allows lenders to rely on self-certification from the business that it meets the eligibility criteria for the scheme and can afford to pay back the loan. It also provides for simpler information disclosure requirements to the borrowers. That will ensure that small businesses can continue to access the financial support that they need without undue delay.

Richard Fuller

I am very grateful to the Secretary of State for giving way. I want to take him back to the point about public participation, because it is such a sensitive area. He said that in clause 20, the procedures for planning proceedings can be altered. Either now or in Committee, can he clarify who will be making those decisions and what impact that will have on public participation in relation to housing developments that might have a dramatic impact in the area? I want to be clear about whether the Bill will affect that dramatically.

Alok Sharma

The Minister for Housing, my right hon. Friend the Member for Tamworth (Christopher Pincher), will deal with the details of that. The point of these measures is to get the economy going, which my hon. Friend the Member for North East Bedfordshire (Richard Fuller) is keen to do. I understand his point, and we will address it in Committee.

The Bill temporarily allows the issuing of one-year lorry or bus driving licence renewals, rather than the standard five years. Shorter renewals will be allowed if an applicant is otherwise healthy but unable to obtain the medical report required for a five-year licence. That will relieve pressure on GPs and allow drivers to continue to work.

The Bill also reforms powers to exempt temporarily goods vehicles, buses and coaches from roadworthiness testing. That will allow the high demand for heavy-vehicle testing, which restarts from 4 July, to be managed in a manner that prioritises road safety by targeting higher-risk vehicles or operators.

In conclusion, the Government have stood shoulder to shoulder with businesses throughout the covid-19 emergency and now, as we emerge from this pandemic, we need to support our economic recovery and help businesses with more flexible ways of working. The great British economy, helped by a willing public, is reawakening from its enforced slumber. Taken together, the measures in the Bill are designed to provide a much-needed economic boost, and I commend it to the House.

Below is the text of the statement made by Alok Sharma, the Secretary of State for Business, Energy and Industrial Strategy, in the House of Commons on 3 June 2020.

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

On 23 March, the Government requested many businesses to close their doors to safeguard the nation’s health. We absolutely recognise the huge sacrifices that this entailed. My right hon. Friend the Chancellor, who has been at the Dispatch Box on a number of occasions, has outlined the unprecedented economic support for businesses and workers across the country.

Like the shadow Secretary of State, the right hon. Member for Doncaster North (Edward Miliband), I have regular conversations with businesses, business representative organisations and trade unions, and I know that the scale of what the Government have done has been appreciated across the board. We have supported millions of businesses and individuals through a range of support schemes. These have included grants to small businesses—over £10 billion out of the door now —loans, through the coronavirus business interruption loan scheme and coronavirus large business interruption loan scheme, and bounce-back loans, with more than £14 billion now paid out, as well as business rate holidays, tax deferrals, the job retention scheme and, of course, the self-employed scheme. By any international comparison, the effort that has been put into supporting businesses and individuals to safeguard lives and livelihoods is incredibly favourable.

Alongside those fiscal measures to support businesses and individuals and protect livelihoods, in this Bill we want to provide further support: non-fiscal measures to ensure that we can help businesses at a time of difficulty.

Ian Paisley (North Antrim) (DUP)

Is the Minister satisfied that the measures being proposed today could expire within 27 days? Is that sufficient time to address the problems that might be coming down the track?

Alok Sharma

As ever, the hon. Gentleman raises an incredibly important point. I will talk further about this, but that is precisely why we have ensured an opportunity to extend the temporary measures in the Bill, but by regulation, so statutory instruments will have to be laid before the House. However, I am sure that the sentiments he expresses are felt across the House. If we need to, I am sure that we will collectively look to extend some of the temporary measures to continue to help businesses.

The Bill will allow business owners time and space to explore rescue options. It will allow directors of companies that are technically insolvent, but simply because of a temporary drop in demand caused by the covid-19 crisis, to proceed with the business without the threat of personal liability. That has been incredibly warmly welcomed by businesses and business representative organisations.

Jacob Young (Redcar) (Con)

Does my right hon. Friend agree that this Bill will give businesses in Redcar and Cleveland and across the country the much needed breathing space to get through this crisis?

Alok Sharma

My hon. Friend is already making a huge impact in supporting businesses in his constituency, and he is absolutely right. The whole point of these measures, both permanent and temporary, is precisely ​as he says: to give businesses the breathing space to allow them to see whether they can recover and ultimately bounce back. That is what we all want to see.

Gary Sambrook (Birmingham, Northfield) (Con)

Unfortunately, some businesses fail. In my constituency, MG Rover collapsed 15 years ago, ripping a huge hole in the community in Northfield and Longbridge. Fifteen years on, over 6,000 people are owed money from the liquidation of MG Rover. Will my right hon. Friend look into ways in which we can speed up the process—15 years is too long and causes a lot of problems and anxiety for people—so that they can get closure and the money that they are owed.

Alok Sharma

Again, the manner in which the debate has begun demonstrates the consensus on supporting businesses, not just in our individual constituencies but across the country. I can give my hon. Friend a commitment that I am happy to meet him to discuss the case and see what more can be done. He is absolutely right—where we are able to, we must seek to speed up and provide that support to individuals who need it.

The Bill will provide extra flexibilities to hold AGMs online during the covid-19 pandemic and will also provide more time to file accounts and other filings with Companies House.

Paul Holmes (Eastleigh) (Con)

May I ask the Secretary of State whether companies have to apply for those extensions on filing, or will there be an automated aspect whereby Companies House will approach the companies affected?

Alok Sharma

Once the filing requirements are enacted, as my hon. Friend says, companies can make filings up to the extension dates. As was mentioned earlier, if there is a need to extend temporary provisions, we will look to see if that is required. While we recognise that these and other support measures will not, sadly, be able to save every business and every job, the Bill delivers commitments that will give businesses in difficulty due to the pandemic a fighting chance of eventually bouncing back.

Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)

There are indeed some important measures in the Bill, and we will undoubtedly scrutinise them in more detail in due course. I thank the Secretary of State for the work of the officials in his Department to support a number of businesses in my constituency, and I thank the Welsh Government for the support that they have provided through the economic resilience fund.

We have not had enough support from the banks, some of which have not only struggled to make themselves available to businesses seeking support through the loan schemes that the Government have set up but seem to be trying to push off their books businesses that could make it through the crisis. What does the Secretary of State have to say to the banks?

Alok Sharma

When we first launched CBILS there were a lot of concerns about how quickly the process was moving. I have been talking to banks individually and to senior managers in the banks, and I think that we are beginning to see movement. CBILS has had over ​40,000 loans out of the door, and over 450,000 bounce-back loans have been made. If there are specific banks about which the hon. Gentleman has concerns—he, like all colleagues, is concerned about retaining employment in his constituency—I would be happy to take up those issues with him individually.

Kevin Hollinrake (Thirsk and Malton) (Con)

Because of the success of bounce-back loans—it is a much easier process to get a bounce-back loan than a CBILS loan—lots of businesses that need more than £50,000 have gone for a bounce-back loan as an interim step, but are restricted from taking a CBILS loan, as they can only have one or the other. Would my right hon. Friend consider allowing businesses to apply for a CBILS loan for a larger amount, subject to necessary lending criteria, then paying off the bounce-back loan so that they can get access to the finance that they need?

Alok Sharma

My hon. Friend makes an incredibly important point. I am sure that the Under-Secretary of State for Business, Energy and Industrial Strategy, my hon. Friend the Member for Sutton and Cheam (Paul Scully), will correct me if I am wrong, but my understanding is that it is possible to transfer loans between the bounce-back scheme and CBILS. I am happy to discuss that with my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake), who is absolutely right—people cannot have one of each, so to speak, but I think that it is possible to make a transfer.

The measures set out in the Bill have been welcomed across the board by business representatives’ organisations such as the Federation of Small Businesses, the Institute of Directors, the CBI, the British Chambers of Commerce, R3—the insolvency and restructuring professionals trade association—and the Trades Union Congress. Some of the measures will take retrospective effect to provide as much relief to businesses as possible. To ensure that is the case, we have announced the dates from which the measures will begin.

Let me turn to corporate restructurings, and the package of permanent corporate restructuring measures, which have previously been consulted on. As colleagues know, they were consulted on in 2016, and then formed part of a wider consultation on corporate governance and insolvency published in 2018, so they have been consulted on in some detail. They will have immediate effect in helping companies get through the covid-19 emergency.

A number of time-limited provisions are there to cater for the immediate economic impact of the covid-19 pandemic. They have been added to the package and will be in place for a month after Royal Assent.

Richard Fuller (North East Bedfordshire) (Con)

Playing a fundamental part in the Bill, we have a number of measures that have been consulted on for a long period; people have thought about them and, as my right hon. Friend said, there has been a large degree of consensus around them. Then we have some other measures that have been brought forward in response to the immediate crisis; the Department has worked incredibly quickly to come up with them. Is the Department satisfied that it has got the balance right between the two? Is there anything that we should look out for in the next few months about the permanence of some of those measures?

​Alok Sharma

My hon. Friend is of course right. By the way, I am delighted that he is back in the House, after a short absence. He brings a huge amount of experience in this area, as a result of his work in the private sector. The permanent measures have already been consulted upon, and they enjoy broad support. The temporary measures are of course temporary, and if we were to look to extend any of them, we would have to do so by way of regulation—we would have to come to the House with statutory instruments, and there would be an opportunity, if colleagues in the House felt it was not right to extend them, for them to voice their concerns. So I do think we have managed to get the balance right in this case. We want to ensure that the measures are put in place as quickly as possible, so that we are able to provide support to businesses in difficulty right now. In all the discussions that we have had with the right hon. Member for Doncaster North and his colleagues, we have always had a really constructive approach; I hope that is exactly what we will have today as well.

Kevin Hollinrake

I speak as a co-chair of the all-party group on fair business banking, has dealt with a lot of problems in how banks treat SMEs, facilitated by insolvency practitioners. To eliminate those conflicts of interest, the Secretary of State’s Department has committed to bringing forward measures to provide that the conduct of insolvency practitioners is overseen by a single regulator, rather than by recognised professional bodies. Can he commit to bringing forward those measures in the not-too-distant future, so that we can try to eliminate those conflicts of interest?

Alok Sharma

My hon. Friend the Under-Secretary of State will elaborate on some of the points that my hon. Friend raised. I would simply say that in July 2019, the Government issued a call for evidence on the insolvency regulatory framework, to determine whether any changes needed to be made. That included questions on whether there should be a single regulator. We expect to publish the Government response to the call for evidence later this year. Perhaps my hon. Friend the Under-Secretary will elaborate later.

Returning to the Bill, the package of measures has three elements. The first is a moratorium. That will give a company that is threatened with insolvency temporary respite from its creditors and a chance to arrange refinancing or a rescue. The moratorium will be for an initial period of 20 days, which can then be extended. There will be a time-limited easing of the eligibility criteria for a company to enter into a moratorium, to make it more accessible during the covid-19 response period.

Mike Wood (Dudley South) (Con)

The temporary measures that my right hon. Friend has included in the Bill will provide great respite for many businesses, particularly in the hospitality sector, where businesses have been unable to trade throughout this outbreak but rents have remained very high; the measures will protect them from aggressive landlords. Those pressures will continue well past the end of June, so will he consider extending the protection for tenants from winding-up petitions?

Alok Sharma

Of course, that is part of the measures that we will bring in. I recognise why my hon. Friend wants to ensure that tenants have protection, and that is ​why we will introduce the temporary measures around this issue, but of course we also need to think about landlords. I will address that point as I go through my speech.

Returning to the moratorium, the time-limited easing of the eligibility criteria for a company to enter a moratorium, to make that more accessible during the covid-19 response period, will be in place for a month after Royal Assent. Of course, that can be extended if it is deemed necessary.

The second part of the new permanent restructuring measures will allow companies in financial difficulty to propose a rescue plan to restructure complex debt arrangements, and to bind creditors to it, as long as certain thresholds are met. That means that viable companies struggling with debt obligations will be able to restructure under the new procedure.

There are, however, significant safeguards and protections for creditors, which is right and proper. The plan must be sanctioned by the court and, indeed, any dissenting creditor class bound to a plan must not be made worse off than it would have been in the next most likely outcome. I know that a number of colleagues, both in the House and outside, have raised this issue. That is why we have ensured that this measure is in place.

The third part of the restructuring package will prohibit termination clauses. That will prevent suppliers from terminating contracts or raising prices just because a company has entered an insolvency procedure or a moratorium. Of course, we recognise that requiring companies to supply under those circumstances may cause them financial difficulties, so we have built in a number of protections for suppliers too.

If continuing supply would cause a supplier hardship, it can apply to the court for permission to terminate the contract. In addition, if goods or services supplied after the insolvency begins are not paid for, the supplier can terminate the contract. Further, the Government will temporarily exempt small suppliers from this requirement altogether during the covid-19 crisis, recognising the particular challenges that those firms face.

Mark Pawsey (Rugby) (Con)

Small businesses often find themselves dictated to by larger organisations, and the last thing we want is for small businesses to be put at a disadvantage by being compelled to supply when they are not capable or it is not in their interest to do so. Will the Secretary State reassure us that small businesses in particular will be protected by these provisions?

Alok Sharma

My hon. Friend raises a really important point about protecting small suppliers. They will of course have this exemption. According to the definition in the Companies Act 2006, a small supplier is one that meets two of the following three criteria: having up to 50 employees, a turnover of up to £10.2 million, and gross assets of up to £5.1 million. I think that will cover a very large number of businesses in our country.

Richard Fuller

May I thank you, Madam Deputy Speaker, for permitting so many interventions? As we are rushing through the Bill relatively quickly, it is important that Members on both sides of the House have the opportunity to raise points directly with the Secretary of State, so thank you for permitting some latitude for interventions.​

The small business commissioner appeared before the Business, Energy and Industrial Strategy Committee a few weeks ago, and I posed some questions about whether he had the powers he needed. As my right hon. Friend looks at this period, with the particular pressure caused by covid-19, is he assured that the small business commissioner’s powers are as will be needed, or does he envisage wanting to look again at this in the future?

Alok Sharma

My hon. Friend raises an incredibly important point. I championed this issue—support for small businesses—when I was on the Back Benches. As he will know, the Government’s payment terms are favourable in setting a very time-limited period within which payments must be made to Government suppliers, and of course the Government also require that if a large organisation is being paid by the Government under a contract, they need to pass on that speed of payment to smaller subcontractors. He will also know that in the manifesto on which he and I stood we committed to looking further at the role of the small business commissioner and how it might be strengthened. We will bring forward a consultation on that in due course.

I move now to the temporary measures in the Bill. The first set provides for a suspension of the serving of statutory demands and a restriction on winding-up petitions. These measures will be retrospective from 1 March and 27 April respectively and will last until one month after Royal Assent, although they can be extended if that is deemed necessary. The Coronavirus Act 2020 temporarily suspended the right of commercial landlords to forfeit the tenancies of retail businesses in order to protect tenants unable to trade because of covid-19. While this temporary suspension has been in place, the majority of landlords and tenants have been working well together to reach agreements on debt obligations, but a small number of landlords have been using aggressive debt recovery tactics to put pressure on tenants, including through the use of statutory demands and threats of winding up. For this reason, the measures in the Bill to limit the use of statutory demands and winding-up petitions have been welcomed by many, especially in the hospitality sector.

Mr Jonathan Djanogly (Huntingdon) (Con)

The Government have repeatedly spoken about this clause in the context of landlords, but can the Secretary of State confirm that it actually applies to all creditors?

Alok Sharma

It is intended to apply to all suppliers—I am sure I will be corrected if I am wrong on that. As my hon. Friend has also been keen to point out, although this measure is not restricted to commercial landlords, some landlords will have particular concerns, and I can reassure him that the Government will monitor the impact of the measure and are asking lenders and investors to consider how debt obligations can be met in a way that does not put unnecessary pressure on landlords.

Kevin Hollinrake

In respect of commercial loans, currently the banks, when showing forbearance, are providing capital repayment holidays but only on the capital element of the repayment. In respect of residential mortgages and loans, they are giving complete repayment holidays. The monthly capital repayment is a small ​element of the overall payment. The banks could be much more helpful to landlords by giving a complete holiday across the whole repayment for a period of time while showing forbearance to their tenants.

Alok Sharma

Colleagues in the banking sector will I am sure be watching this debate and listening in, and they will have heard what my hon. Friend has said. I would be happy to have a discussion with him after this debate if there are particular points that he wants to raise or if he wants to talk about particular organisations.

The second temporary measure is the suspension of the wrongful trading provisions. This will be retrospective to 1 March and will be in place until one month after Royal Assent, and again it can be extended if that is deemed necessary. Hon. Members will know that wrongful trading is an important deterrent against company directors continuing to trade when the company is insolvent and when doing so increases the losses to creditors. Directors can be made personally liable as a result. However, during this difficult period, many otherwise viable companies may become technically insolvent, particularly if they have been severely affected by a drop in demand caused by covid-19. This measure gives company directors the confidence to use their best efforts to continue trading without the threat of personal liability, should the company ultimately go into insolvency. Since the measure was announced in March, we have received much support for it from stakeholders. The Institute of Directors has welcomed it, saying that it

“will help to avert entirely preventable corporate collapses.”

The Bill also contains the necessary time-limited powers to extend these temporary provisions, should that prove necessary.

The Bill will also allow the Government to make other temporary amendments to insolvency law or the new restructuring plan to deal with the effects of covid-19, where needed. The power to amend corporate insolvency or governance legislation will allow the insolvency and business rescue regime to react quickly to the challenges we face as a result of the impact of covid-19, and that power will expire on 30 April 2021. However, due to the potential unforeseen circumstances relating to covid-19, the expiry date of this power can be extended if it is deemed necessary. If an extension is sought, the House will of course have an opportunity to scrutinise it.

The next group of temporary measures deals with meetings and company filings. These measures enable companies and other bodies, including mutual societies and charitable incorporated organisations, to hold AGMs and other meetings in a safe way, while respecting social distancing rules.

Sarah Olney (Richmond Park) (LD)

On the point about AGMs, it is obviously good that the legislation makes provision for AGMs to be held digitally, but is it necessary for the legislation to restrict the participation of shareholders quite as much as it does? Surely, if a digital method enables shareholders to question directors, that should be encouraged if it can be facilitated.

Alok Sharma

There are, of course, other methods for shareholders to question directors of a company. There will be shareholders’ days, for example. The reality is that businesses will be reacting and doing their best to try to get information to their shareholders. I am sure that the hon. Lady’s point will be noted, but the intention ​of this Bill—and, I think, of the business community—is not in any way to use these measures to restrict shareholders’ access to information. This is actually about making sure that we can get past the pandemic and be in a position to bounce back.

The flexibility in terms of these meetings and filings will apply from 26 March—retrospectively, obviously—until 30 September. The measures also enable AGMs to be postponed until 30 September this year, where necessary.

Sara Britcliffe (Hyndburn) (Con)

I am encouraged that the measures for AGMs and other meetings are temporary. Does my right hon. Friend share my belief that in-person AGMs provide the best opportunities for shareholders to hold their directors to account?

Alok Sharma

My hon. Friend makes an important point. We would all like to get back to those face-to-face discussions, just as we are doing in the House today. These are temporary measures, and I hope that when we get through to the other side there will again be that opportunity for shareholders to meet and ask questions face to face, because that is right and appropriate.

Gareth Davies (Grantham and Stamford) (Con)

Can my right hon. Friend confirm that the Government are not mandating how companies and organisations are to hold an AGM, but rather giving them flexibility at this incredibly difficult time as to how best to engage with shareholders?

Alok Sharma

My hon. Friend makes an incredibly important point. This is not about mandating; this is about giving choice. I expect that many companies will take up the temporary support that is being made available through these measures.

Expanding on the announcement I made on 25 March that companies would have an extended period for filing accounts, the Bill will also give businesses more time to meet a range of filing requirements. The extensions to the various filing requirements will be set out in regulations to be laid once the Bill receives Royal Assent. We will be giving businesses the maximum period allowable under the powers in the Bill for filing their accounts, confirmation statements and event-driven updates. We will also extend the period within which charges should be registered with Companies House to 31 days, which I believe strikes the right balance between providing businesses with breathing space and ensuring that lenders are protected.

In conclusion, the package of measures that the Bill introduces will give businesses the best opportunity to survive the effects of the covid-19 crisis and lay the foundations for a bounce-back in the UK economy. This Government are committed to supporting businesses. We are listening, and we are putting in place meaningful and common-sense measures to provide that support. Let me end by again paying tribute to the millions of business owners up and down our country who are doing their bit to keep Britain moving. In bringing these measures forward, we demonstrate again that we stand with them. I commend the Bill to the House.

Below is the text of the statement made by Alok Sharma, the Secretary of State for Business, Energy and Industrial Strategy, in the House of Commons on 11 May 2020.

I am tabling this statement for the benefit of hon. and right hon. Members to bring to their attention the details of the new bounce-back loans scheme (BBLS).

The bounce-back loans scheme was launched on 4 May, and is facilitated by the Government owned British Business Bank and delivered through its delivery partners. Lenders offer term loans of between £2,000 and £50,000 to support small businesses that are affected by the coronavirus outbreak.

The scheme is available on a temporary basis for an initial period of six months and can be extended as required. The key parameters of the scheme are as follows:

BBLS will provide term loans only for a term of six years, with businesses able to access loans equivalent to 25 per cent of their turnover from £2,000 up to a maximum loan size of £50,000. The interest rate will be standardised across all lenders and fixed at 2.5 per cent. There will be no fees for borrowers to access the scheme.

The percentage of net (post-recovery) losses for each loan that is guaranteed by the Government will be 100 per cent, with no cap on gross Government liability at the level of the lender’s whole BBLS portfolio. Personal guarantees are not permitted, although some personal assets could be claimed as part of recovery from sole traders. Sole traders’ principal private residence and vehicle may never be claimed as part of recovery.

A Government grant, “the business interruption payment”, will be provided for the benefit of businesses, equal to the interest incurred on the facility for the first twelve months. Businesses will not be required to make any repayments on capital during the first twelve months of the facility.

The Government will be subject to a new contingent liability as a result of the bounce back loans scheme, and I will be laying a Departmental minute today containing a description of the liability undertaken.​

For more information on this and other support for business, please go to https://www.businesssupport.gov.uk/.