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63463
registered interest false more like this
date less than 2014-06-24more like thismore than 2014-06-24
answering body
Department for Business, Innovation and Skills more like this
answering dept id 26 more like this
answering dept short name Business, Innovation and Skills more like this
answering dept sort name Business, Innovation and Skills more like this
hansard heading Insolvency remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Business, Innovation and Skills, how many times the Insolvency Service's Redundancy Payments Service has made payments of protective awards due to failures on the part of the company or administrator to conduct a proper collective consultation in each of the last five years; to which companies such awards were made; and how much was paid out in (a) statutory entitlements and (b) protective awards in each such case. more like this
tabling member constituency Kingston upon Hull North more like this
tabling member printed
Diana Johnson more like this
uin 202006 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2014-06-30more like thismore than 2014-06-30
answer text <p> </p><p> </p><p> </p><p>The Insolvency Service's Redundancy Payments Service (RPS) only makes protective award payments to employees if their employer is insolvent and an employment tribunal has determined that there was insufficient consultation, by the company, administrator or liquidator, regarding redundancies and makes a protective award.</p><p> </p><p> </p><p> </p><p>In the last five financial years, the RPS has paid out the following in statutory payments for cases where a protective award was awarded:</p><p> </p><p> </p><p> </p><p>· 2009-2010 £87,209,871.62</p><p> </p><p>· 2010-2011 £82,604,201.50</p><p> </p><p>· 2011-2012 £68,181,382.07</p><p> </p><p>· 2012-2013 £57,267,407.27</p><p> </p><p>· 2013-2014 £7,937,522.34</p><p> </p><p> </p><p> </p><p>The protective award payments made on these cases (in addition to the statutory payments) were as following:</p><p> </p><p> </p><p> </p><ul><li>2009-2010 £28,808,241.65</li><li>2010-2011 £30,997,901.63</li><li>2011-2012 £23,437,557.92</li><li>2012-2013 £29,290,224.74</li><li>2013-2014 £16,581,330.05</li></ul><p> </p><p> </p><p> </p><p>These figures include cases in administration and those in liquidation</p><p> </p><p> </p><p> </p><p>A breakdown of the individual cases is not readily available and could only be obtained at disproportionate cost.</p><p> </p>
answering member constituency Cardiff Central more like this
answering member printed Jenny Willott more like this
question first answered
less than 2014-06-30T15:16:35.2382727Zmore like thismore than 2014-06-30T15:16:35.2382727Z
answering member
1497
label Biography information for Jenny Willott more like this
tabling member
1533
label Biography information for Dame Diana Johnson more like this
63464
registered interest false more like this
date less than 2014-06-24more like thismore than 2014-06-24
answering body
Department for Business, Innovation and Skills more like this
answering dept id 26 more like this
answering dept short name Business, Innovation and Skills more like this
answering dept sort name Business, Innovation and Skills more like this
hansard heading Insolvency remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Business, Innovation and Skills, how many times the Insolvency Service's Redundancy Payments Service has made payments in cases where Deloitte was appointed the administrator in each of the last five years; how many such cases also involved payments made for protective awards; and how much was paid out for (a) statutory entitlements and (b) protective awards in each such case. more like this
tabling member constituency Kingston upon Hull North more like this
tabling member printed
Diana Johnson more like this
uin 202007 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2014-06-30more like thismore than 2014-06-30
answer text <p> </p><p> </p><p> </p><p> </p><p> </p><p> </p><p> </p><p>In the last five years, the Insolvency Service's Redundancy Payments Services have paid £77,233,534.54 in statutory entitlements, in 173 cases where Deloitte was appointed the administrator or liquidator.</p><p> </p><p> </p><p> </p><p>Of these cases, 20 cases resulted in protective award judgments totalling £6,930,864.72 paid from the National Insurance Fund.</p><p> </p><p> </p><p> </p><p>Due to the number of cases, it is not possible to disclose how much was paid in each individual case so a total has been provided instead.</p><p> </p><p> </p><p> </p> more like this
answering member constituency East Dunbartonshire more like this
answering member printed Jo Swinson more like this
question first answered
less than 2014-06-30T15:18:20.4258852Zmore like thismore than 2014-06-30T15:18:20.4258852Z
answering member
1513
label Biography information for Jo Swinson more like this
tabling member
1533
label Biography information for Dame Diana Johnson more like this
63466
registered interest false more like this
date less than 2014-06-24more like thismore than 2014-06-24
answering body
Department for Business, Innovation and Skills more like this
answering dept id 26 more like this
answering dept short name Business, Innovation and Skills more like this
answering dept sort name Business, Innovation and Skills more like this
hansard heading Insolvency remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Business, Innovation and Skills, how many outstanding protective awards to be paid by the Insolvency Service's Redundancy Payments Services are owed to firms in which less than 20 people are employed on one site. more like this
tabling member constituency Kingston upon Hull North more like this
tabling member printed
Diana Johnson more like this
uin 202009 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2014-06-30more like thismore than 2014-06-30
answer text <p> </p><p>Under legislation, a protective award can be made where it is determined that there was insufficient consultation in situations involving 20 or more redundancies in one establishment. The Redundancy Payments Service makes payments, to affected employees, where an employment tribunal has made an award and the employer is insolvent.</p><p> </p><p> </p><p> </p><p>The Employment Appeal Tribunal, in the Woolworths case (USDAW v WW Realisations 1 Ltd and others), decided that it should remove the European test of ‘establishment' from UK law. The Department is appealing this judgment as we do not agree with this interpretation of the law.</p><p> </p><p> </p><p> </p><p>We think the right interpretation of the law is that employers must consult employee representatives if making 20 or more redundancies at one establishment. In a dispute, it is for the employment tribunals to decide what is an establishment on the facts of each individual case.</p><p> </p><p> </p><p> </p><p>Until the Woolworths appeal is determined, employment tribunals are staying (not deciding) claims from employees who worked on sites with fewer than 20 proposed redundancies and the RPS is unable to make payments to such employees.</p><p> </p><p> </p><p> </p><p>Information on the number of affected cases is not readily available and could only be obtained at disproportionate cost.</p><p> </p><p> </p><p> </p>
answering member constituency Cardiff Central more like this
answering member printed Jenny Willott more like this
question first answered
less than 2014-06-30T15:23:19.5566941Zmore like thismore than 2014-06-30T15:23:19.5566941Z
answering member
1497
label Biography information for Jenny Willott more like this
tabling member
1533
label Biography information for Dame Diana Johnson more like this
63154
registered interest false more like this
date less than 2014-06-23more like thismore than 2014-06-23
answering body
Department for Business, Innovation and Skills more like this
answering dept id 26 more like this
answering dept short name Business, Innovation and Skills more like this
answering dept sort name Business, Innovation and Skills more like this
hansard heading Insolvency remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Business, Innovation and Skills, what steps he is taking to improve competition in the Insolvency Practitioner market. more like this
tabling member constituency Hyndburn more like this
tabling member printed
Graham Jones more like this
uin 201831 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2014-06-26more like thismore than 2014-06-26
answer text <p> </p><p>The Government is taking a number of steps in this area:</p><p> </p><p> </p><p> </p><p>- A measure in the Deregulation Bill will introduce the option for an insolvency practitioner to specialise in either corporate or individual insolvency. This will encourage new entrants into the profession, which will benefit creditors without lowering standards;</p><p> </p><p> </p><p> </p><p>- There are a number of red tape challenge measures in the Small Business, Enterprise and Employment Bill which will reduce costs and remove unnecessary processes in insolvency cases;</p><p> </p><p> </p><p> </p><p>- Also in the Small Business, Enterprise and Employment Bill are measures which will strengthen the regulatory framework for insolvency practitioners to boost confidence in the regime;</p><p> </p><p> </p><p> </p><p>- The Government has also been consulting on measures to improve the transparency and accountability of how fees are charged by insolvency practitioners.</p><p> </p><p> </p><p> </p><p> </p><p> </p><p> </p><p> </p>
answering member constituency Cardiff Central more like this
answering member printed Jenny Willott more like this
question first answered
less than 2014-06-26T15:10:39.6366396Zmore like thismore than 2014-06-26T15:10:39.6366396Z
answering member
1497
label Biography information for Jenny Willott more like this
tabling member
3999
label Biography information for Graham P Jones more like this
63163
registered interest false more like this
date less than 2014-06-23more like thismore than 2014-06-23
answering body
Department for Business, Innovation and Skills more like this
answering dept id 26 more like this
answering dept short name Business, Innovation and Skills more like this
answering dept sort name Business, Innovation and Skills more like this
hansard heading Insolvency remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Business, Innovation and Skills, how he plans to measure the insolvency industry's success in voluntarily implementing the recommendations of the Graham Review. more like this
tabling member constituency Hyndburn more like this
tabling member printed
Graham Jones more like this
uin 201907 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2014-06-26more like thismore than 2014-06-26
answer text <p> </p><p>Teresa Graham's review of pre-pack administration identified how existing practice in pre-pack administration did not in all cases deliver the best result for creditors and the wider economy, in particular where sales are made to a connected party.</p><p> </p><p> </p><p> </p><p>The Government hopes that the voluntary measures recommended in Ms Graham's report – all of which were accepted by Government – will be put into effect by those concerned as envisaged by Ms Graham.</p><p> </p><p> </p><p> </p><p>After they have had time to have effect, the Government will evaluate whether they have indeed addressed the concerns evidenced by Ms Graham and the resulting outcomes. This will include for example whether the measures have increased transparency, returns to creditors, and more generally strengthened business confidence in the pre-pack process.</p><p> </p><p> </p><p> </p><p>As recommended by Ms Graham, the government will be taking a backstop power in the Small Business, Enterprise and Employment Bill so we will be able to legislate in future if necessary.</p><p> </p><p> </p><p> </p><p> </p><p> </p>
answering member constituency Cardiff Central more like this
answering member printed Jenny Willott more like this
question first answered
less than 2014-06-26T15:27:18.8346651Zmore like thismore than 2014-06-26T15:27:18.8346651Z
answering member
1497
label Biography information for Jenny Willott more like this
tabling member
3999
label Biography information for Graham P Jones more like this
63164
registered interest false more like this
date less than 2014-06-23more like thismore than 2014-06-23
answering body
Department for Business, Innovation and Skills more like this
answering dept id 26 more like this
answering dept short name Business, Innovation and Skills more like this
answering dept sort name Business, Innovation and Skills more like this
hansard heading Insolvency remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Business, Innovation and Skills, what discussions he has held with the Insolvency Service on the implementation of the recommendations made in the Graham Review on pre-pack administration. more like this
tabling member constituency Hyndburn more like this
tabling member printed
Graham Jones more like this
uin 201910 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2014-06-26more like thismore than 2014-06-26
answer text <p> </p><p> </p><p> </p><p>Officials in the Insolvency Service regularly advise me on the full range of insolvency policy matters, including on pre-pack administration when required.</p><p> </p> more like this
answering member constituency Cardiff Central more like this
answering member printed Jenny Willott more like this
question first answered
less than 2014-06-26T15:23:51.0720452Zmore like thismore than 2014-06-26T15:23:51.0720452Z
answering member
1497
label Biography information for Jenny Willott more like this
tabling member
3999
label Biography information for Graham P Jones more like this
61960
registered interest false more like this
date less than 2014-06-16more like thismore than 2014-06-16
answering body
Department for Business, Innovation and Skills more like this
answering dept id 26 more like this
answering dept short name Business, Innovation and Skills more like this
answering dept sort name Business, Innovation and Skills more like this
hansard heading Insolvency remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Business, Innovation and Skills, how many complaints the Government has received on the England and Wales personal insolvency regime in relation to (a) bankruptcy, (b) individual voluntary arrangements and (c) debt relief orders in each year since 2010; and what the nature was of such complaints. more like this
tabling member constituency Bedford more like this
tabling member printed
Richard Fuller more like this
uin 200891 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2014-06-23more like thismore than 2014-06-23
answer text <p>The Insolvency Service (Agency) does not hold records that categorise complaints in this way for 2009/10, 2010/11 and 2011/12. The Agency's records are held in relation to complaints received in respect of the official receiver's administration of bankruptcies and debt relief orders (DROs) from 2012/13 onwards.</p><p>Since June 2013, following introduction of the Insolvency Practitioner Complaints Gateway, the Agency has maintained records of complaints made against Insolvency Practitioners (IPs) and their administration of individual voluntary arrangements (IVAs) and Trust Deeds (a Scottish equivalent of IVAs) - no records are held for IVAs alone.</p><p>The following table summarises complaint numbers in respect of the official receiver or IP's administration of bankruptcies, IVA/ Trust Deeds and DROs.</p><table><tbody><tr><td><p>Year</p></td><td><p>Bankruptcy</p></td><td><p>IVA &amp; Trust Deeds</p></td><td><p>Debt relief orders</p></td></tr><tr><td><p>2012/13</p></td><td><p>193</p></td><td><p>-</p></td><td><p>0</p></td></tr><tr><td><p>2013/14</p></td><td><p>154</p></td><td><p>183</p></td><td><p>7</p></td></tr></tbody></table><p>Records detailing the nature of complaints received in relation to the official receiver's administration of bankruptcy and DRO cases have only been held since 2013/14. The complaints are categorised as follows:</p><p>Delay in taking action;</p><p>Delay in replying to correspondence;</p><p>Delay in returning telephone calls;</p><p>Personal conduct (of a member of staff);</p><p>Misleading/ incorrect information;</p><p>Failure to inform/ reply;</p><p>Failure to act;</p><p>Incorrect action; and</p><p>Quality of service by 3rd party acting for the Agency.</p><p>The nature of complaints received in respect of an IP's administration of IVAs are categorised as follows:</p><p>Complainant not receiving a completion certificate;</p><p>IP's failure to deal with correspondence;</p><p>Complainant disputing payment protection insurance compensation is asset in IVA;</p><p>Complainant believes they were given poor advice; and</p><p>IP failed to deal with an IVA/ Trust Deed in a timely way.</p>
answering member constituency Cardiff Central more like this
answering member printed Jenny Willott more like this
question first answered
less than 2014-06-23T16:53:22.0833699Zmore like thismore than 2014-06-23T16:53:22.0833699Z
answering member
1497
label Biography information for Jenny Willott more like this
tabling member
3912
label Biography information for Richard Fuller more like this
61961
registered interest false more like this
date less than 2014-06-16more like thismore than 2014-06-16
answering body
Department for Business, Innovation and Skills more like this
answering dept id 26 more like this
answering dept short name Business, Innovation and Skills more like this
answering dept sort name Business, Innovation and Skills more like this
hansard heading Insolvency remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Business, Innovation and Skills, when his Department's review of debt relief orders will be launched. more like this
tabling member constituency Bedford more like this
tabling member printed
Richard Fuller more like this
uin 200892 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2014-06-19more like thismore than 2014-06-19
answer text <p>We plan to launch a review of debt relief orders this year.</p> more like this
answering member constituency Cardiff Central more like this
answering member printed Jenny Willott more like this
question first answered
less than 2014-06-19T15:00:14.9650958Zmore like thismore than 2014-06-19T15:00:14.9650958Z
answering member
1497
label Biography information for Jenny Willott more like this
tabling member
3912
label Biography information for Richard Fuller more like this
61986
registered interest false more like this
date less than 2014-06-16more like thismore than 2014-06-16
answering body
HM Treasury more like this
answering dept id 14 more like this
answering dept short name Treasury more like this
answering dept sort name CaTreasury more like this
hansard heading Insolvency remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask Mr Chancellor of the Exchequer, how many times HM Revenue and Customs has met with (a) the Ministry of Justice and (b) the Insolvency Service to discuss the Legal Aid, Sentencing and Punishment of Offenders Act 2012 reforms to insolvency litigation on creditors since 2012. more like this
tabling member constituency Bedford more like this
tabling member printed
Richard Fuller more like this
uin 200898 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2014-06-23more like thismore than 2014-06-23
answer text <p>HM Revenue and Customs regularly meet with other departments as a matter of course.</p> more like this
answering member constituency South West Hertfordshire more like this
answering member printed Mr David Gauke more like this
question first answered
less than 2014-06-23T15:37:07.8531338Zmore like thismore than 2014-06-23T15:37:07.8531338Z
answering member
1529
label Biography information for Mr David Gauke more like this
tabling member
3912
label Biography information for Richard Fuller more like this
62135
registered interest false more like this
date less than 2014-06-16more like thismore than 2014-06-16
answering body
Ministry of Justice more like this
answering dept id 54 more like this
answering dept short name Justice more like this
answering dept sort name Justice more like this
hansard heading Insolvency remove filter
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Justice, what representations he has had on including insolvency litigation in the scope of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. more like this
tabling member constituency Bedford more like this
tabling member printed
Richard Fuller more like this
uin 200893 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2014-06-24more like thismore than 2014-06-24
answer text <p /> <p /> <p>We have recently received representations from insolvency practitioners, including the Association of Business Recovery Professionals (R3), regarding a permanent exemption for insolvency litigation from the scope of the costs and funding provisions in Part 2 of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012. Ministry of Justice officials have met with R3 on this matter.</p><p> </p><p>The LASPO reforms were implemented generally from 1 April 2013, although they were delayed for insolvency proceedings in order to allow stakeholders time to adjust. The Government's position remains - as announced by written ministerial statement in May 2012 (24 May 2012: Col 94WS) - that the reforms should apply to insolvency proceedings from April 2015.</p> more like this
answering member constituency North West Cambridgeshire more like this
answering member printed Mr Shailesh Vara more like this
question first answered
less than 2014-06-24T11:52:32.8455347Zmore like thismore than 2014-06-24T11:52:32.8455347Z
answering member
1496
label Biography information for Shailesh Vara more like this
tabling member
3912
label Biography information for Richard Fuller more like this