40
THE UK-EU RELATIONSHIP IN FINANCIAL SERVICES
Conduct Authority and the Prudential Regulation Authority.
However, it is equally important for the UK’s overall economic
competitiveness for the Government and regulators to work together
to develop a broader regulatory culture that is responsive, consistent,
and proportionate.
152.
We ask the Government, in its response to this report, to explain in
further detail how a secondary ‘competitiveness’ objective would
be applied by the regulators in practice and how success will be
measured.
Scrutiny and accountability of regulators
153. With respect to retained EU law,
193
the FRF sets out proposals to move
regulatory requirements from statute to the regulators’ rulebooks through a
programme of secondary legislation. It is anticipated that
this will be a time-
consuming process, possibly taking several years.
194
154. Representatives of the regulators told the Committee that the aim of the
FRF was to make regulation “a more coherent process”. Regarding the
transposition of powers to the regulators, Sam Woods argued that “the EU
method of having a lot in legislation was to make sure that all the countries
in the EU do the same thing”, and that this rationale
no longer applied to
the UK post-Brexit.
195
Sir Jon Cunliffe of the Bank of England added that
there were advantages to this approach, as “regulators’ rulebooks are more
flexible” than primary legislation.
196
155. Witnesses from the sector were broadly supportive of the Government’s
approach to the FRF. Michael Dobson said that Schroders plc “support the
proposal that much of the detailed regulation should
be the responsibility
of the regulator rather than enshrined in legislation”.
197
Caroline Dawson
described the benefits of the proposal in further detail, arguing that it would
be:
“consistent with the UK’s traditional
approach to financial services,
which is having a framework piece of legislation and then delegating
powers to the regulators, with appropriate safeguards, so that the
regulators, which have the day-to-day supervisory experience and the
in-depth knowledge of the financial markets,
are the ones writing the
rules rather than taking up parliamentary time. That makes a lot of
sense.”
198
156. However, a number of witnesses recognised that such an approach would
require a system for ensuring that there was “adequate scrutiny and
accountability” of the regulators,
199
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