Business Banking Fraud

Debate between Alister Jack and William Wragg

Tuesday 9th October 2018 Westminster Hall

[Mr William Wragg (Hazel Grove) (Con)]

I beg to move,

That this House has considered the investigation of business banking fraud.

It is a pleasure to serve under your chairmanship, Mr Robertson. We have had many debates in both Westminster Hall and the Chamber that have focused on the mistreatment of thousands of small and medium-sized enterprises at the hands of financial institutions which, in the wake of the financial crisis, sought to shore up their balance sheets as they plundered those of their business customers.

The subject is becoming an all too familiar one for debate. Indeed, this is the fourth such debate in which I have spoken. Looking around at my distinguished colleagues from across the House I see many familiar faces who have taken part in previous debates. Many Members will be familiar with the cases of hard-working businessmen and women who have had their businesses broken up and livelihoods destroyed by acts of deliberate deception and fraud, systemic asset stripping and inflated charges and fees, all at the hands of their banks.

[Mr Alister Jack (Dumfries and Galloway) (Con)]

I thank my hon. Friend for securing the debate. It is sad and disappointing that this is the fourth time he has had to speak on the subject. Does he agree that it is an indictment of the Financial Conduct Authority that proper, independent redress schemes have not been set up and that, 10 years on, no one has been brought to justice for destroying many people’s lives?

[Mr Wragg]

My hon. Friend is absolutely correct. In his remarks in previous debates he has shown his personal experience, and he speaks for many on the issue. With the passage of time, the issues that are exposed only multiply rather than diminish. I have spoken before at length about my constituent Mr Eric Topping, who lost hundreds of thousands of pounds, including his home and retirement savings, when his profitable building company was forced into liquidation by the Royal Bank of Scotland. For every constituent like him, there are a thousand more SME owners across the country who were similarly victims of the widespread malpractice across the entire banking sector, and today we speak for them collectively.

--- Later in debate ---

[Mr Wragg]

The right hon. Gentleman is correct. The actions of the banks are entirely indefensible. It is, I hope, for the Government to seek appropriate redress.

While the Hansard column inches increase, meaningful actions to properly investigate business banking fraud and seek redress for its victims have been woefully insufficient so far. I would like to turn attention to the investigation of allegations of fraud by our crime prevention agencies and regulators, to the role of financial institutions, and to the role the Government play.

As a nation, we pride ourselves on the rule of law. Above the Old Bailey stands the gilded statue of Lady Justice. She carries the sword of justice in one hand and the scales of justice in the other. She wears a blindfold to symbolise that justice is blind and does not distinguish between the powerful and the weak. Yet for those who have been the victims of the systematic fraud practised by UK banks and financial institutions, such sentiment is nonsense. The statue representing their experience of justice would be heavily rusted rather than gilded. It would wear a blindfold to avoid having to see the activities of the financial institutions whose wrongdoing has ruined individuals and families, and its arms would be firmly tied behind its back to symbolise the lack of activity by both the police and the regulators.

It is 10 years this week since the taxpayer bailed out the financial services sector, and the state continues to control a significant stake in certain institutions. Ten years on, confidence in the sector is low, particularly among small and medium-sized enterprises. The nation has yet to fully recover from a decade that saw the destruction of viable businesses, jobs and thousands of individual lives as banks frantically rebuilt their balance sheets following the crash, at the expense of their customers’ financial wellbeing and their own reputations. We need to be clear: the process of shoring up a balance sheet is a zero-sum game. For every winner there is a loser. The losers here were small and medium-sized enterprises, the backbone of our economy. They lost because they did not have the resource or the legal firepower they needed, or a system to support them.

We are not saying that every SME business that folded over the last decade was viable, nor that every business was the victim of fraud. But we have seen clear evidence of tampering with documents, false witness statements and the leveraging of a position of power and clout to drive many thousands of good businesses into insolvency. In a free economy there will always be legitimate failures alongside legitimate successes. Many businesses may not have been viable and may not have survived, but that did not make them fair game for mistreatment or, even worse, fraud. It just made them easy targets.

[Mr Jack]

Is my hon. Friend aware that in one year alone the Global Restructuring Group division of RBS made over £1 billion in profit? He says that some of these businesses may have failed, but rightly points out that a lot of them were viable and had a lot of hidden assets.

[Mr Wragg]

My hon. Friend is absolutely correct about the role of GRG.

Following the cases of, at times, blatant mistreatment and fraud, which we saw consistently and across the board, there is either a lack of willingness or lack of capability from our investigative bodies, both civil and criminal, to pursue complaints. Instead, the victims of mistreatment and fraud are left to go round in circles making a series of fruitless complaints. The complaints are either made directly to the institutions that defrauded them in the first place, which have a vested interest not to investigate properly—as was the case with my constituent and the Royal Bank of Scotland—or referred to a series of industry-led trade bodies or the Financial Conduct Authority, which does not take on individual cases. It is simply not good enough.

The only successful prosecution for fraud thus far has been that of HBOS in Reading. That was not down to the actions of our regulator or the Serious Fraud Office relentlessly pursuing the truth to bring the perpetrators to justice. Indeed, the bank—first as HBOS and then as Lloyds, after the takeover—insisted there was no fraud, despite there being a victim with losses in the hundreds of millions of pounds.