Financial Services Bill

Baroness Bennett of Manor Castle Excerpts

Report stage
Wednesday 14th April 2021 Lords Chamber

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

The noble Baroness, Lady Tyler of Enfield, has withdrawn, as she is speaking in Grand Committee, so I now call the noble Baroness, Lady Bennett of Manor Castle.

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I welcome the government amendment in this group. We are seeing regulations catching up with financial innovation. As ever, it seems that the regulator is being forced to chase after advances that are screaming into the future with potentially very disturbing results.

However, I chiefly wish to speak to Amendment 35, in the name of the noble Lord, Lord Holmes of Richmond, and to offer my support for it, or at least for its principles. As the noble Lord said, we are talking about innovation, but innovation that is actually for the common good—innovation that works for people, and particularly, innovation that works for the most vulnerable in our society. The figures really are deeply shocking: estimates of 1 million unbanked people; 8 million people with debt problems; 9 million people with no access to mainstream credit. One thing that is not adequately recognised is the poverty premium: the fact that not having a bank account or access to mainstream credit means much higher costs for everything from utility bills to borrowing and very well documented impacts on health and wellbeing.

This seems like an apt time to ask the Government whether they have given further consideration to the recommendation from the Select Committee on Financial Exclusion, which reported in March 2017. It called for a Minister responsible for financial exclusion. Is this something that the Government are really going to focus on by means of this Bill? The noble Baroness, Lady Noakes, may have concerns about the structure of this, but the intentions of the noble Lord, Lord Holmes, are very clear. Are the Government going to take action?

[Baroness Neville-Rolfe (Con)]

My Lords, I offer a few words of caution on the subject matter of Amendment 35 in the name of my noble friend Lord Holmes of Richmond, who has done so much to promote financial and digital skills since we joined the House together in 2013. The amendment is concerned with the very real problem of the “financially excluded”, in today’s jargon. This problem is of long standing. Under the description of the poor, the New Testament informs us that “they will always be with us”, and similar quotations can be made from the Old Testament. More recently, as just mentioned by the noble Baroness, Lady Bennett, we have had good reports on the subject from our own committees.

Experience shows that another ancient saying is also relevant and helpful. I refer to the injunction on doctors when seeking to treat disease—“first do no harm”. Unfortunately, this latter injunction was not followed when the United States authorities sought to improve the lot of the financially excluded, which arguably led to the subprime crisis of 2008 in the United States, or at least made that crisis much worse than it would otherwise have been. Noble Lords will recall that, when it came to the attention of the federal authorities in the United States, some communities, called marginalised groups, received fewer house loans per head than others. The lenders concerned were threatened with prosecution under federal laws on discrimination. That was a major factor behind many subprime loans being made, which those receiving them had no real likelihood of being able to repay. Such loans were included in bundles sold to investors, which in many cases inevitably defaulted. The end result was a crisis in which some of the worst affected were those who had received the subprime loans in the first place—namely, the financially excluded, whom we are trying to help.

None of this argues against the amendment before us proposed by my noble friend Lord Holmes, although I note that my noble friend Lady Noakes has some reservations. We always need to listen to her because of her great expertise in this area. However, it shows that, in efforts to improve the lot of the financially excluded, we need to proceed with as much prudence and attention to the risks to them and more broadly, as we do in pursuing other wider objectives.

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I fully accept that there is more work to do to prepare parents and young people for the transition to legal adulthood at the age of 18, but this amendment does not solve this problem of a failure of planning. Therefore, regretfully, I cannot support it.

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, it is a great pleasure to follow the noble Baroness, Lady Finlay of Llandaff, and her—as always—expert contribution, which has made me think again about that amendment. I put my name down for this group chiefly to speak to Amendment 27, in the name of the right reverend Prelate the Bishop of St Albans, also signed by the noble Lord, Lord Sikka, and me. The reasons for this amendment have been broadly canvassed, notably by the noble Lord, Lord Foster of Bath, well known for Peers for Gambling Reform, which I was recently pleased to join. I do not feel that I need to make this case again, but there is a useful reflection to make—drawing also on what the noble Baroness, Lady Finlay, just said, and sharing the frustration of the noble Lord, Lord Addington—about how, in this group of apparently disparate amendments, we see a real problem in the nature of our lawmaking in the difficulty of making progress. What we have here, as we had earlier with the sharia-compliant student loan, are apparently small, easily fixed issues, on which some very expert, knowledgeable, extremely capable people have spent years working, without progress being made. This particularly applies to Amendment 16 in the name of the noble Baroness, Lady Meacher. Something clearly needs to be tackled and dealt with, and it looks simple; we need to see regulation, oversight and protection, but it is not happening.

In the interstices of what has been a rather hectic day for me, I was looking at the Law Society briefing for the National Security and Investment Bill, which is coming tomorrow. The Law Society does not have any party-political issues to raise on that, but it has looked at the Bill and has seen that we are creating huge problems. Somehow, our legislative process is not identifying issues. With commendable frankness, the noble Lord, Lord Blunkett, earlier identified his role on the issue that arises in Amendment 37C. Somehow, things are not coming together and delivering us workable laws. We need to think, as a House and as a society, about how we can end up getting more workable laws. I suggest that we need more co-operation, listening and input at the early stages, rather than a sudden decision by the Government to do something, which then results in a Bill.

We are not sure that there will be any votes on any of these amendments, but we clearly need action and I commend to your Lordships’ House the need for action on all of these, particularly Amendment 27, to protect vulnerable people.

[Lord Naseby (Con) [V]]

My Lords, Amendment 37C is an issue of fundamental importance to young people who are disabled and have taken up child trust funds. The amendment before us is key. We had a thorough and competent speech from my noble friend Lord Young of Cookham, but I have just listened to another speech from the noble Baroness, Lady Finlay of Llandaff, and we have to find common ground between the two.

I declare a past interest as, when I joined the Commons in February 1974, I took an interest in the friendly society movement, which I continued until I left in 1997. I was then asked to become chairman, which I was from 1998 to 2005, of the Tunbridge Wells Equitable Friendly Society. That interest was declared at that point. In the days of the child trust fund, the Tunbridge Wells Equitable Friendly Society traded under the brand of the Children’s Mutual. It is my recollection that the Children’s Mutual was a brand leader, and we put a huge amount of effort into it. We liaised with the authorities involved at the time—not just the Government of the day but others. I am saddened and disappointed that, somehow or other, this issue got through the net. Unfortunately, the coalition Government tragically decided—George Osborne was one of the key players, of course—to wind it up. That was a great error, in my judgment.

We come to the current position, and I am pleased to hear the industry’s concerns, but I am disappointed that there has been no mention of the Association of Friendly Societies. I am sure that the majority of child trust funds were sold by the friendly societies, and I would advise those involved to make sure that the Association of Friendly Societies is involved now. On my own initiative, I will contact the Tunbridge Wells Equitable Friendly Society to suggest that it helps and is involved.

I am not sure why we have the same problem with junior ISAs. I declare an interest here, because I contribute to the junior ISAs of my four grandchildren, who are eligible. I am disappointed, although I was not involved in the legislation on junior ISAs in depth, that the same problem appears. I do not want to add to the concerns of my noble friend on the Front Bench, but, until recently, a large number of grandparents had been buying National Savings certificates, and I wonder whether the same problem is lying there and has not been raised by anybody else.

This is a serious problem. I have faith in my noble friend on the Front Bench, and I hope that he and those involved will look at it seriously. If there is anything that I can do to help resolve this issue, I will do my best to, because it is important.

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[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I apologise for the need to withdraw from the previous two groups, but I return to speak to Amendment 37 in my name, which was also kindly signed by the noble Lord, Lord Sikka. I look forward to his contribution to this debate.

I hope noble Lords recall that I had a similar amendment in Committee, in a debate rather truncated by the pressure of time. At that stage, I circulated an associated briefing addressing what is commonly called the finance curse or the problem of too much finance—the subject of growing and now extensive academic and policy commentary, which prompted this amendment. That briefing discussed, as I canvassed then at some length, the cost of too much finance, which was calculated for the UK between 1995 and 2015 as £4,500 billion, or 2.5 years of average GDP across the period, by Professor Andrew Baker and colleagues at the Sheffield Political Economy Research Institute.

I will not go through all that again, but I will go back to the exchange that I had with the noble Earl the Minister through Committee about the source of the Government’s figure, stated as the value of the financial sector to the UK and set at £76 billion in tax receipts. As was acknowledged, that includes £42 billion borne by customers in the form of VAT and by employees in the form of income tax and national insurance contributions.

The noble Earl kindly acknowledged to me by letter, after my initial question, that the source was PricewaterhouseCoopers, clearly not an independent source without an individual interest in playing up the financial sector of which it is part; although, to be fair to PwC, it does not claim, in that figure, to count costs. It is looking at only one side of the equation and adds the rider that it has

“not verified, validated or audited the data and cannot therefore give any undertaking as to its accuracy.”

I wonder, given that I raised this question in Committee, whether the Minister has given any more thought to, or asked any more of his officials about, how they might look at the complete equation—the costs and benefits of the financial sector. Perhaps if the Government are not prepared to accept this amendment, or write one along their own lines, they could look into this in other ways. That is the key question I put to the Minister tonight.

I provided Members last time with that one calculation —one massive cost—but surely, if the Government are making decisions that will impact on the size of the financial sector and, in consequence, other areas of the economy, they have, or at least plan to have, a methodology for doing that. As your maths teacher might have said, you need to be able to show your working and have a result you arrived at yourself—or at least that you can source to an independent, respected reference.

When we talk about finance, people often feel daunted and concerned about apparently technical matters, so I shall draw a parallel with something many people in communities around the land are well familiar with: the planned arrival of a new out-of-town supermarket that promises 100 or so new jobs and growth for the town—a calculated economic benefit. Permission is given, the supermarket is built and then the residents notice, a bit later, that one week the greengrocer closes down. A few weeks later, the butcher’s goes. Then the stationery shop that supplied lots of small businesses also closes down. Spending has not increased but shifted. There is a limited market, a limited amount of resources, and they have been shifted to one central location.

That analogy works rather well for the financial sector, not just because, as I talked about last time, a maths PhD graduate going into finance is not going into manufacturing, agricultural research or considering education statistics, but because the financial sector, particularly the most lucrative parts of it, is overwhelmingly concentrated in London—indeed, within the City of London that is often used synonymously with the financial sector, even if a huge percentage of the actual money is held offshore in tax havens. I am sure that some Members of your Lordships’ House will leap up to point out that there are jobs in cities around the land. That is true, but that is not where the real money is.

It was clear that from the noble Earl’s answer in Committee that the drafting of my amendment then was unclear, so I have attempted to tidy it up somewhat. I have clarified the reference here to inequality, to explain that I am talking, at least chiefly, of regional inequality: that is something, of course, that, with the Government’s levelling-up agenda, I would expect them to be greatly concerned about. After Committee, I also honed the reporting areas, taking out references to risks that were not the major aim of the amendment.

I hope that the meaning is clear now, for in his answer in Committee I am not sure the Minister, although I acknowledge that the pressure of time undoubtedly truncated his answer, grasped a major point of the “too much finance” argument. He referred to the Bank of England’s Financial Policy Committee having the responsibility to identify, monitor and take action to remove or reduce systemic risks, and the Office for Budget Responsibility producing and presenting a fiscal risks report to Parliament every two years. In his answer in Committee, the noble Earl said that

“the FCA and PRA are required to prepare and lay annual reports before Parliament, assessing how effectively their objectives have been advanced. These objectives are set by Parliament”.—[Official Report, 10/3/21; col. GC 733.]

However, what this amendment aims to do is to produce the information that could inform those objectives, to see whether the finance sector, as the SPERI report suggests, and as I would contend, is too large. How can those objectives be set in a fog, relying only on a clearly partisan source of data not presenting a complete picture?

The Buddhist text Udāna, dating back to about 500BC on the Indian subcontinent, refers to a group of blind men each touching part of an elephant. That produces a great deal of disagreement, as they debate what it actually is. I have my own view of the financial sector—I doubt that Members of your Lordships’ House have much doubt about what that is—but I am not asking your Lordships’ House, or the Government, to take my view, but just to have a complete, full view of the costs and benefits.

For the avoidance of doubt, I am not planning to push this amendment to a vote this evening. This is, as I think my speech has made clear, a continuing discussion which I plan to continue to push the Government on, which I also invite opposition parties to do—and, indeed, Members from the Government’s side, including the noble Baroness, Lady Neville-Rolfe, who in her Amendment 24, as she often does, calls for a cost-benefit analysis or impact assessment, an approach that would be improved and strengthened by Amendment 25 in the names of the noble Lord, Lord Sharkey, and the noble Baroness, Lady Kramer. Both speakers thus far have stressed the need for information for proper scrutiny. I ask them to join me in thinking about the need for a full and complete view of what is undoubtedly the financial sector elephant stomping across the British economy.