It is a pleasure to speak to this group of new clauses, and I thank members of the banking commission—a number of whom are with us today—for their thoughtful work, and for the time and energy they put into ensuring that we had a series of recommendations, which have given us the opportunity to table a number of amendments in Committee and on Report.
The Opposition tabled amendments in Committee to reflect the commission’s recommendations, but for various reasons—some of which I could understand and some of which I could not—the Government did not see fit to accept them. There was some disappointment when we got the opportunity to scrutinise the original Bill that it was so thin—to be fair, the Government recognised that in their response published today, but we must get to annex B2 to find that acknowledgment. At times it would have been good to have had a clearer indication of the Government’s direction of travel, and perhaps some of the details to discuss in Committee. As is often said, however, we are where we are, and we are now discussing the Bill in the context of the report published today.
No doubt all Members have had the opportunity to read the Government’s report, which provides a slightly more detailed response to the report by the Parliamentary Commission on Banking Standards. There are, however, some areas where clarification or further information from the Minister would be helpful. The new clauses were tabled before we were aware of which provisions the Government intended to accept, and we may have tabled a number of them differently—or not at all—had we known their intentions. Nevertheless, there are a couple of issues that we believe are not covered by the report and the Government’s response.
To put my remarks in context, the areas where quick implementation can be taken forward have been highlighted and the issues that require more detailed work have been identified. Where the Government do not agree with the commission has also identified. I will come to some specific issues in the new clauses, but it is worth
noting that the Government now accept the need for change and action in a number of areas in which the Opposition have consistently made the case on Second Reading, in Committee and today.
The Government have announced plans to implement measures to improve individual accountability, and some of our new clauses relate to that in the overall context of conduct and remuneration. The Government have mentioned the tough new senior persons regime governing the behaviour of senior bank staff, outlined a willingness to take forward work on new banking standards rules to promote higher standards for bank staff, and—this was controversial in some quarters—we are pleased that they have at last decided to introduce a new criminal offence for reckless misconduct for senior bankers. We have heard from the hon. Member for North East Cambridgeshire (Stephen Barclay) about reversing the burden of proof so that bank bosses are held accountable for breaches within their areas of responsibility. The Government have made further commitments to work with regulators to implement the commission’s proposals on pay, allowing bonuses to be deferred for up to 10 years, and enabling 100% clawback of bonuses where banks receive state aid. All those areas are relevant to our discussion.
Some of the proposed reforms are either already enshrined in EU legislation or are part of forthcoming EU legislation, in some cases specifically relating to bonuses capped to salaries and bonus limits on bailed-out banks. Therefore, the Government would have had to consider the issue anyway, notwithstanding the fact that the Opposition have been pressing them to do so.
On new clause 2, the hon. Member for North East Cambridgeshire spoke eloquently about the culture involved. We can debate legislation and change as many regulations as we like, but if we do not get into the heads of those who make decisions and create that culture, we will not change enough to ensure that past scenarios do not happen in the future. The hon. Gentleman said that he did not intend to push the new clause to the vote. I had assumed that perhaps the Government would have agreed to it and that he would have been acclaimed as the favoured son who had tabled a new clause that the Government accepted—and therefore his record would have been better than mine; throughout the Bill’s time in Committee, I managed to get only one word changed, much to the chagrin of my hon. Friend the Member for Nottingham East (Chris Leslie).
New clause 3 was inspired by the commission, and builds on an amendment that was tabled in Committee and recommendations in the commission’s final report. It would introduce a licensing regime for
“all approved persons exercising controlled functions,”
to ensure that such persons have adequate standards of competence and integrity. Again, that was a feature of the discussion in Committee, and we were keen for reforms to be brought forward to ensure that future banking misconduct is prevented, whether that is fixing LIBOR rates or mis-selling financial products. In Committee we argued that similar regimes have applied to other professionals, and there is no reason in principle why that should not be the case in the banking and financial services sector. Just as with lawyers, doctors or other professionals, misconduct in banking and financial services causes potential injury, injustice or financial loss. In the financial sector, the consequences and costs
of bad behaviour cost billions and harm the whole of society, so we believe it right to introduce safeguards similar to those in other professions.
We tabled new clause 3 because we wanted to introduce our senior persons regime and revised set of banking standards rules, as recommended by the Parliamentary Commission on Banking Standards, and it is good that the Government intend to take that forward. In his response, will the Minister provide further flavour of how he intends to do that and give some detail, particularly on the scope of the legislation he proposes to introduce?
Why did the Government not feel able to introduce such a measure at an earlier stage in Committee? We would have welcomed the opportunity to scrutinise, discuss and probe the Bill in slightly more detail then. Will everything now be done in the other place, and will there be time for consideration in this Chamber? In his opening remarks I think the Minister gave an assurance that there would be ample opportunity to discuss those issues in the Chamber, but it is worth noting that when the Bill passes into statute as a result of all the work done to it, it will be very different to the one initially introduced, and it is right and proper that we have the opportunity to scrutinise it at every stage.
The Minister will be familiar with the amendment that we tabled in Committee on the duty of care, and we have now tabled new clause 4, which would introduce duties of care for ring-fenced bodies—first, a fiduciary duty in relation to the carrying out of core services, and secondly a more general duty of care across the financial services sector. As I outlined in Committee, we bring this forward because we feel that it would send an important signal to the general public, who still have some way to go before trust is restored in the banking and financial services sector.
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The fiduciary duty, which characterises the requirement to serve in good faith, would help the banking sector focus on and return to some of its earlier principles connected with helping and informing customers, generating prosperity and not making a profit inappropriately from consumer inertia or ignorance. We know that the idea of the duty of care is supported by several external organisations because of the previous failures of the banks. For example, in March, a Which? survey found that banks were failing to give the right advice in many instances on transferring and managing cash ISAs. We had some discussion on that in Committee. As a test of that issue, Which? placed 180 calls to 15 leading banks and building societies to assess the quality of advice given to people who wanted to transfer their cash ISA savings. It said that several banks, including some of the major, well-known banks, failed to give correct answers to three simple cash ISA questions in more than half of the calls. That is the kind of thing that does not endear the financial institutions to the public, who want to believe that the banks have their best interests at heart as well as having the information on what would be best for them at their fingertips.
New clause 4 would enter on the statute book a concept that would add a great deal to ensuring that consumers could have that full confidence that their best interests were being served, and that those selling
financial services products were doing so in a prudent and ethical manner. In terms of a stronger duty of care, the industry would have to take customers’ interests into account not only when designing the products, but to be able to provide advice throughout their life cycle.