Fourth Report - Liberty Steel and the future of the UK steel Industry

Select Committee
Business and Trade Committee HC 821 5 November 2021
Report Status Government responded
Conclusions & Recommendations 42 items (23 recs)
Government Response (AI assessment · 42 of 42 classified)
Government response
Eighth Special Report - Liberty Steel and the Future of the UK Steel Industry: Government Response to the Committee’s Fourth Report · published 20 Jan 2022

Recommendations & Conclusions

42 results
1 Conclusion Acknowledged
Para 28
The corporate structure and governance of GFG Alliance companies resulted in no formal oversight or...
Conclusion
The corporate structure and governance of GFG Alliance companies resulted in no formal oversight or accountability of the decisions taken by Sanjeev Gupta. Mr Gupta put members of his staff in an unacceptable position by employing them with job titles … Read more
Government Response Summary
The government agrees that complex corporate structures should not be a legal barrier to proper scrutiny of companies like the GFG Alliance, while noting it does not wish to restrict business structuring.
Department for Business and Trade
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2 Recommendation Acknowledged
We recommend that Ministers reflect on the systemic risks to UK industry posed by such...
Recommendation
We recommend that Ministers reflect on the systemic risks to UK industry posed by such unusual corporate structures and, if deemed necessary, bring forward amendments to the Companies Act. (Paragraph 29) Audit
Government Response Summary
The government acknowledges that complex corporate structures should not hinder scrutiny but states it does not wish to restrict the ability of businesses to structure themselves, without committing to bringing forward amendments to the Companies Act.
Department for Business and Trade
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3 Conclusion Acknowledged
Para 44
We were not reassured by the evidence presented by King & King and note the...
Conclusion
We were not reassured by the evidence presented by King & King and note the legal restrictions placed upon Mr Patel, and other auditors who had previously audited GFG Alliance companies, by Sanjeev Gupta.
Government Response Summary
The government acknowledges that complex corporate structures should not be a legal barrier to scrutiny but expresses a desire not to restrict business structuring, without committing to specific actions.
Department for Business and Trade
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4 Conclusion Deferred
Para 45
Despite public statements over a number of years to the contrary, we see, as yet,...
Conclusion
Despite public statements over a number of years to the contrary, we see, as yet, no tangible evidence that Sanjeev Gupta and GFG Alliance companies are making improvements to corporate governance or improving transparency through the publication of consolidated accounts. Read more
Government Response Summary
The government redirects the matter to the independent Financial Reporting Council (FRC), which acknowledges the public interest but states the GFG Alliance entities are not within its usual scope of investigation, though it can reclaim matters if in the public interest.
Department for Business and Trade
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5 Conclusion Not Addressed
Para 49
We found it utterly unconvincing, and do not believe that King & King had the...
Conclusion
We found it utterly unconvincing, and do not believe that King & King had the capacity, expertise, or resources to audit the accounts of multiple large GFG Alliance and Liberty Steel UK companies representing over £2.5 billion of revenue.
Government Response Summary
The government response consists only of a title and page reference, providing no substantive engagement with the committee's finding regarding King & King's auditing capacity.
Department for Business and Trade
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6 Conclusion Not Addressed
Para 50
The reputation of Liberty Steel UK has been threatened by the poor audit and accounting...
Conclusion
The reputation of Liberty Steel UK has been threatened by the poor audit and accounting practices of GFG Alliance, including the changing of accounting deadlines and its inability to produce consolidated accounts. As these accounts are yet to be published … Read more
Government Response Summary
The government's response is only a title and does not address the committee's conclusion regarding Liberty Steel UK's poor audit and accounting practices.
Department for Business and Trade
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7 Recommendation Not Addressed
We recommend that the Financial Reporting Council, as the competent authority for audit in the...
Recommendation
We recommend that the Financial Reporting Council, as the competent authority for audit in the UK, refer this case to the relevant Recognised Supervisory Body, the Institute of Chartered Accountants for England and Wales, to investigate King & King under … Read more
Government Response Summary
The government's response is only a title and does not address the recommendation for the Financial Reporting Council to refer the case of King & King for investigation.
Department for Business and Trade
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8 Conclusion Not Addressed
Para 56
We commend the Government’s decision to reject GFG Alliance’s request for £170 million of financial...
Conclusion
We commend the Government’s decision to reject GFG Alliance’s request for £170 million of financial support in March 2021. The Secretary of State was correct to be cautious about providing a large grant to a group of companies with a … Read more
Government Response Summary
The government's response text was merely a header, effectively not addressing the committee's commendation of its decision to reject GFG Alliance's request for financial support.
Department for Business and Trade
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9 Recommendation Not Addressed
Para 57
In light of the Greensill Capital collapse and subsequent financial hardship of GFG Alliance and...
Recommendation
In light of the Greensill Capital collapse and subsequent financial hardship of GFG Alliance and Liberty Steel UK, we urge the Government to give consideration to formalising the fit and proper person test for private company directors within any future … Read more
Government Response Summary
The government's response outlined the FRC's investigative remit regarding audit matters, but did not address the specific recommendation to consider formalising a 'fit and proper person test' for private company directors within any future steel sector deal.
Department for Business and Trade
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10 Conclusion Acknowledged
Para 60
We note the recent developments within GFG Alliance and Liberty Steel UK and welcome the...
Conclusion
We note the recent developments within GFG Alliance and Liberty Steel UK and welcome the injection of capital at Liberty Steel’s Rotherham plant. However, we note that once again Sanjeev Gupta has decided to set up an additional corporate entity … Read more
Government Response Summary
The government, via BEIS and the FRC, acknowledged the public interest in the issues of opaque funding at Liberty Steel, outlining the FRC's investigative remit and procedures for handling such cases, noting the specific entities are not usually within FRC's scope but can be reclaimed.
Department for Business and Trade
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11 Recommendation Not Addressed
Para 61
We would welcome the Insolvency Service considering whether, on the basis of the evidence we...
Recommendation
We would welcome the Insolvency Service considering whether, on the basis of the evidence we have received, Sanjeev Gupta may have acted in breach of his fiduciary duties as a company director in the United Kingdom.
Government Response Summary
The government response consists only of a title and page reference, providing no substantive engagement with the committee's recommendation for the Insolvency Service to consider potential breaches of fiduciary duties.
Department for Business and Trade
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12 Conclusion Not Addressed
More broadly, we believe that until Mr Gupta restructures his GFG Alliance companies into a...
Conclusion
More broadly, we believe that until Mr Gupta restructures his GFG Alliance companies into a more acceptable corporate structure and publishes consolidated accounts that are adequately audited, that he fails to fulfil the criteria that we believe should be applied … Read more
Government Response Summary
The government provided only a title for its response, completely failing to address the conclusion regarding Mr. Gupta's suitability for government support until GFG Alliance is restructured and audited accounts are published.
Department for Business and Trade
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13 Conclusion Not Addressed
Para 78
The way in which future, or prospective, receivables operated between GFG Alliance and Greensill Capital...
Conclusion
The way in which future, or prospective, receivables operated between GFG Alliance and Greensill Capital is disputed by both parties. We note that several claims have been made about the use of future receivables and their relation to “suspect invoices” … Read more
Government Response Summary
The government response expresses gratitude for the committee's agreement on not providing a grant to GFG Alliance, but does not address the observations regarding disputed future receivables or the Serious Fraud Office's investigation.
Department for Business and Trade
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14 Conclusion Not Addressed
Para 79
Steel is a foundational industry in the UK and in need of significant structural reform.
Conclusion
Steel is a foundational industry in the UK and in need of significant structural reform. The use of high-risk financial funding practices, such as future receivables lending, that Greensill Capital and GFG Alliance engaged in are barriers to such reforms. … Read more
Government Response Summary
The government response expresses gratitude for the committee's agreement on not providing a grant to GFG Alliance, but does not address the concerns about high-risk financial practices undermining the steel industry.
Department for Business and Trade
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15 Recommendation Not Addressed
Para 80
We recommend that the Financial Conduct Authority and HM Treasury investigate the use of, and...
Recommendation
We recommend that the Financial Conduct Authority and HM Treasury investigate the use of, and accounting rules for, future or prospective receivables.
Government Response Summary
The government's response thanks the Committee for agreement on the inappropriateness of a grant to GFG Alliance, without addressing the recommendation to investigate accounting rules for future or prospective receivables.
Department for Business and Trade
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16 Conclusion Not Addressed
GFG Alliance’s reported engagement in circular trading, or REPO structures, exacerbated a concentration risk to...
Conclusion
GFG Alliance’s reported engagement in circular trading, or REPO structures, exacerbated a concentration risk to Greensill Capital by raising large amounts of working capital against invoices created to raise finance instead of selling steel to genuine customers. (Paragraph 86) 64 … Read more
Government Response Summary
The government's response thanks the Committee for agreement on the inappropriateness of a grant to GFG Alliance, without addressing the conclusion regarding GFG Alliance's circular trading practices.
Department for Business and Trade
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17 Conclusion Acknowledged
We did not receive evidence that the use of circular trading between companies is a...
Conclusion
We did not receive evidence that the use of circular trading between companies is a systemic issue, but note the potential criminal liability associated with the worst examples of financial engineering between businesses. Despite repeated reassurances from GFG Alliance, we … Read more
Government Response Summary
The government notes that the International Accounting Standards Board has proposed amendments to reporting supply chain finance, which the UK Endorsement Board and Financial Reporting Council will consider for adoption. The government also states it will continue to closely monitor Liberty Steel UK's restructuring and refinancing efforts.
Department for Business and Trade
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18 Conclusion Acknowledged
Para 102
We note that concerns were raised by HM Treasury and shared with BEIS about GFG...
Conclusion
We note that concerns were raised by HM Treasury and shared with BEIS about GFG Alliance and Wyelands Bank during the accreditation process of Greensill Capital to the CLBIL scheme.
Government Response Summary
The government welcomes the Committee's acknowledgment that BEIS acted properly and the British Business Bank operated independently, implicitly addressing the noted concerns about GFG Alliance and Wyelands Bank.
Department for Business and Trade
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19 Conclusion Acknowledged
Para 103
We recognise that the subsequent level of interest from the BEIS Department about the accreditation...
Conclusion
We recognise that the subsequent level of interest from the BEIS Department about the accreditation of Greensill Capital was “unusual” but we are confident that this did not impact the approval process and the British Business Bank’s decision remained independent. … Read more
Government Response Summary
The government welcomes the Committee’s acknowledgment that BEIS acted properly and that the British Business Bank operated independently in the Greensill Capital accreditation process.
Department for Business and Trade
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20 Conclusion Not Addressed
However, the collapse of Greensill Capital and its impact on Liberty Steel UK highlights the...
Conclusion
However, the collapse of Greensill Capital and its impact on Liberty Steel UK highlights the fragility of the sector in the UK more generally and raises far reaching and fundamental questions for the Government to consider in terms of how … Read more
Government Response Summary
The government response consists only of a title and page reference, providing no substantive engagement with the committee's observations or questions.
Department for Business and Trade
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21 Recommendation Not Addressed
Para 115
High electricity prices are hindering the ability of UK steel producers to compete on the...
Recommendation
High electricity prices are hindering the ability of UK steel producers to compete on the international market and are a deterrent to inward investment. If the Government is serious about decarbonising the steel industry, it must first recognise the severity … Read more
Government Response Summary
The government response consists only of a title and page reference, providing no substantive engagement with the committee's recommendation to address high electricity prices.
Department for Business and Trade
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22 Recommendation Not Addressed
Para 119
UK steel producers were already facing some of the highest electricity prices in Europe prior...
Recommendation
UK steel producers were already facing some of the highest electricity prices in Europe prior to recent rises in the wholesale price of gas. Soaring gas prices have since transformed what was a long-standing problem into an immediate crisis. We … Read more
Government Response Summary
The government's response was entirely unrelated to the recommendation, instead discussing the International Accounting Standards Board's project on supply chain finance.
Department for Business and Trade
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23 Recommendation Not Addressed
Para 125
We recognise that decisions on how and whether to compensate industry for the costs of...
Recommendation
We recognise that decisions on how and whether to compensate industry for the costs of electricity will, by necessity, have implications for consumers and other network users. However, it is clear that current electricity costs for UK steel Liberty Steel … Read more
Government Response Summary
The government's response discusses the IASB's project on supply chain finance and proposed accounting amendments, which does not address the committee's call for further support to reduce electricity costs for the steel industry.
Department for Business and Trade
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24 Recommendation Not Addressed
Para 126
If additional support is not forthcoming, high electricity prices will continue to have a pernicious...
Recommendation
If additional support is not forthcoming, high electricity prices will continue to have a pernicious effect on the UK steel industry, resulting in long-term decline and future crises. The Government should set out, following a consultation with industry, what support … Read more
Government Response Summary
The government's response was entirely unrelated to the recommendation, instead discussing the International Accounting Standards Board's project on supply chain finance.
Department for Business and Trade
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25 Conclusion Not Addressed
Para 131
When implemented, the Targeted Charging Review has the potential to burden UK steel producers with...
Conclusion
When implemented, the Targeted Charging Review has the potential to burden UK steel producers with costs exceeding relief provided to the sector as an energy intensive industry. We note that despite this decision having a potentially significant impact on UK … Read more
Government Response Summary
The government's response discusses the IASB's project on supply chain finance and proposed accounting amendments, which does not address the committee's concerns about the Targeted Charging Review or Ofgem.
Department for Business and Trade
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26 Recommendation Deferred
Given that UK steel producers are already facing some of the highest electricity prices in...
Recommendation
Given that UK steel producers are already facing some of the highest electricity prices in Europe and that demand for electricity will only increase as the sector decarbonises, the Government should exempt the steel sector from increased costs arising from … Read more
Government Response Summary
The government states that decisions on network charges, such as the Targeted Charging Review, are the responsibility of Ofgem, the independent energy market regulator, rather than the government itself.
Department for Business and Trade
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27 Recommendation Deferred
Para 141
Despite advances made since the publication of the Procurement Policy Note in 2015, UK steel...
Recommendation
Despite advances made since the publication of the Procurement Policy Note in 2015, UK steel producers are still encountering challenges when competing for and securing public contracts. Much of this is due to an opaque and informal approach taken to … Read more
Government Response Summary
The government notes its existing review of public procurement rules and the Social Value Model. The points raised by the Committee on steel procurement, including supply chain transparency and updating guidance, are under active consideration by the Steel Procurement Taskforce.
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28 Recommendation Deferred
To ensure full transparency, the Procurement Policy Note (PPN) on steel procurement in major projects...
Recommendation
To ensure full transparency, the Procurement Policy Note (PPN) on steel procurement in major projects should be updated to include a requirement for contracting authorities to provide supply chain plans and publicise supply opportunities for UK steel producers. The Government … Read more
Government Response Summary
The government notes its existing review of public procurement rules and the Social Value Model. The specific recommendations, including updating the Procurement Policy Note and publishing new guidance on social and environmental considerations for steel purchases, are under active consideration by the Steel Procurement Taskforce.
Department for Business and Trade
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29 Recommendation Accepted in Part
Para 146
High-quality data will be essential for monitoring and improving compliance with steel procurement policy.
Recommendation
High-quality data will be essential for monitoring and improving compliance with steel procurement policy. However, this data is currently incomplete with only partial data being reported by Government Departments and Arm’s Length Bodies. We welcome the work of the Steel … Read more
Government Response Summary
The government notes the points on steel procurement and states the Steel Procurement Taskforce is actively considering improving data robustness and updating policy. It commits to working with departments to continuously improve data quality and simplify collection in the coming years, citing National Highways' commitment to provide 2022 data.
Department for Business and Trade
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30 Recommendation Not Addressed
Para 147
A requirement should be set for all Government projects, including steel contracts awarded by the...
Recommendation
A requirement should be set for all Government projects, including steel contracts awarded by the Contracts for Difference scheme and Highways England, to fully report on the value and origin of their steel requirements.
Government Response Summary
The government's response provided no content to address the recommendation for a requirement for all government projects to report on the value and origin of their steel requirements.
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31 Recommendation Not Addressed
Decisive action should be taken to ensure that UK steel producers do not miss out...
Recommendation
Decisive action should be taken to ensure that UK steel producers do not miss out on the Government’s ambitious infrastructure programme. Setting minimum UK steel content targets for major public projects would serve as an important first step to improving … Read more
Government Response Summary
The government's response is boilerplate text about BEIS and the British Business Bank, failing to address the recommendation to introduce minimum UK steel content targets for major public projects.
Department for Business and Trade
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32 Conclusion Not Addressed
Para 158
Given that global steel markets continue to be heavily distorted by state subsidisation and that...
Conclusion
Given that global steel markets continue to be heavily distorted by state subsidisation and that the EU and the US continue to apply tariffs on imported steel, the UK requires a response from Government regarding potential trade divergence towards UK … Read more
Government Response Summary
The government's response is boilerplate text about BEIS and the British Business Bank, failing to address the conclusion about global steel market distortions and the need for a government response to trade divergence.
Department for Business and Trade
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33 Recommendation Not Addressed
We share the concerns expressed to us that the Trade Remedies Authority’s recommendation to revoke...
Recommendation
We share the concerns expressed to us that the Trade Remedies Authority’s recommendation to revoke safeguards on nine categories of steel imports was not based on an open dialogue with industry and had therefore missed the wider impact its decision … Read more
Government Response Summary
The government welcomed the committee's acknowledgment of BEIS and the British Business Bank's proper and independent actions, but did not address the recommendation for the Trade Remedies Authority to ensure future recommendations are informed by open dialogue with industry.
Department for Business and Trade
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34 Conclusion Acknowledged
Para 175
There is a clear lack of direction with respect to the future of the nation’s...
Conclusion
There is a clear lack of direction with respect to the future of the nation’s blast furnaces both within the Government and in industry. A range of options exist for the decarbonisation of primary steelmaking, including carbon capture and storage … Read more
Government Response Summary
The government acknowledges the sector's decarbonisation plans, stating that the optimal route is a commercial decision for individual companies, and points to existing support mechanisms in the Net Zero Strategy.
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35 Recommendation Acknowledged
Para 176
We found broad agreement that the UK should retain a primary steelmaking capacity rather than...
Recommendation
We found broad agreement that the UK should retain a primary steelmaking capacity rather than push its emissions and business abroad, a point recognised in the Government’s own Industrial Decarbonisation Strategy. However, if the Government is serious about its emissions … Read more
Government Response Summary
The government states it is working with the steel sector to understand decarbonisation plans and highlights existing support through the Net Zero Strategy. It emphasizes that the optimal decarbonisation route is a commercial decision for companies, without committing to new specific actions to provide immediate certainty or direction.
Department for Business and Trade
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36 Recommendation Acknowledged
Para 185
We identified enthusiasm from many witnesses for the use of hydrogen direct reduced iron as...
Recommendation
We identified enthusiasm from many witnesses for the use of hydrogen direct reduced iron as a technology well-suited to decarbonising the UK steel industry. However, as with other potential solutions, it is a technology that remains untested at scale. A … Read more
Government Response Summary
The government states it is working with the sector to understand decarbonisation investment plans, noting that the optimal route is a commercial decision for companies, and points to existing support in the Net Zero Strategy for which the steel sector can bid, without committing to a specific hydrogen pilot.
Department for Business and Trade
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37 Recommendation Not Addressed
Para 186
The Government should commit to a pilot of hydrogen-based steel production in the UK as...
Recommendation
The Government should commit to a pilot of hydrogen-based steel production in the UK as part of its industrial decarbonisation strategy. Funding for the project should be sought in partnership with interested steel businesses or backed in part by the … Read more
Government Response Summary
The government's response addresses general concerns about high gas and electricity prices and ongoing industry engagement, completely failing to address the recommendation for a pilot of hydrogen-based steel production.
Department for Business and Trade
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38 Recommendation Not Addressed
Previously used steel, also known as scrap, will play a central role in efforts to...
Recommendation
Previously used steel, also known as scrap, will play a central role in efforts to decarbonise the UK steel industry. The high availability of scrap in the UK represents a valuable resource which is under-utilised, and a range of measures … Read more
Government Response Summary
The government's response acknowledged energy price pressures and general industry engagement but did not address the recommendation for Ministers from BEIS and DEFRA to work with the UK Steel Council to optimise steel recycling in the UK.
Department for Business and Trade
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39 Recommendation Acknowledged
Para 196
Many of the challenges facing the UK steel industry today are long-running and have led...
Recommendation
Many of the challenges facing the UK steel industry today are long-running and have led to crises in the past. Without fundamental reform of energy pricing and a clear decarbonisation strategy, the sector will fail to attract much needed investment … Read more
Government Response Summary
The government acknowledged the pressures faced by businesses due to rising energy prices and stated that extensive engagement with industry continues, but did not commit to fundamental reform of energy pricing or a clear decarbonisation strategy.
Department for Business and Trade
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40 Conclusion Acknowledged
Para 199
A successful transition to net zero will be dependent on addressing the wider challenges and...
Conclusion
A successful transition to net zero will be dependent on addressing the wider challenges and opportunities facing the UK steel industry. These issues will need to be tackled as part of a broader, strategic approach to decarbonisation.
Government Response Summary
The government acknowledged pressures from energy prices and noted ongoing engagement with industry but did not specifically commit to a broader, strategic approach to decarbonisation for the steel industry as suggested.
Department for Business and Trade
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41 Recommendation Acknowledged
The steel industry has faced a number of crises in recent years but action to...
Recommendation
The steel industry has faced a number of crises in recent years but action to support the sector has been taken on a mostly ad hoc, reactive basis. The sector cannot continue to lurch from crisis to crisis and action … Read more
Government Response Summary
The government recognises the pressures on businesses due to energy prices and states that extensive engagement with industry is continuing across government.
Department for Business and Trade
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42 Recommendation Acknowledged
We call on Ministers to establish a new Sector Deal for the steel industry.
Recommendation
We call on Ministers to establish a new Sector Deal for the steel industry. The Sector Deal should address long-running challenges to the sector’s competitiveness as part of a cohesive plan for decarbonising the industry. It should set out a … Read more
Government Response Summary
The government recognizes the pressures on businesses and ongoing engagement with the industry but does not commit to establishing a new Sector Deal for the steel industry or providing a decarbonisation roadmap as recommended.
Department for Business and Trade
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