Regulatory reform and divergence Having onshored the EU’s regulatory framework for financial services at the
point of Brexit, the UK’s current rules for financial services are very closely
aligned with those of the EU. The Committee welcomes the short-term stability
that this has provided but recognises that it has resulted in a complex and
unwieldy regulatory framework. To rectify this, the Government is seeking to
give more powers to financial services regulators. While this may allow for more
flexible and proportionate regulation, greater powers for the regulators must be
accompanied by appropriate mechanisms for scrutiny and accountability. The
Government is also considering introducing an additional ‘competitiveness’
objective to the remit of the regulators; this has been the subject of debate and
the Committee has asked the Government to clarify how this would operate in
practice.
The Committee welcomes the launching of a number of reviews into the future
regulation of financial services in the UK. We await the Chancellor’s first annual
‘State of the City’ report, as recommended in the UK Listings Review, and
recommend that the first five editions of this annual report include a dedicated
section on the UK-EU relationship on financial services. More broadly, the
Committee agrees with its witnesses that divergence between the UK and the
EU is inevitable and may present the UK with opportunities to innovate and
tailor the UK’s regulation to its own interests. However, it also stresses that the
Government needs to weigh up the benefits of divergence against other factors
including the costs of implementing new rules.
Divergence is also likely as the result of developments in the EU, particularly
the emphasis placed by the EU on ‘open strategic autonomy’. This focus on
control and market location is philosophically different to the UK’s approach,
and we are concerned that it could increase barriers to cross-border trade in
financial services. The UK has inevitably lost influence in the development
of future EU rules post-Brexit, but we are concerned that the Government
appears unwilling to utilise the influence it still has and have asked it to clarify
its position. This is part of a detectable theme that emerged in other areas of our
inquiry: that the Government is reluctant to fully engage with the importance
of the UK-EU relationship, or to acknowledge that developments in the EU still
have significance for the UK.