Interest Rate Swap Derivatives

Baroness Primarolo Excerpts

Thursday 24th October 2013 Commons Chamber

[Bill Wiggin (North Herefordshire) (Con)]

I draw the attention of the House to my declaration in the Register of Members’ Financial Interests.

We have a problem at the moment with the Financial Conduct Authority. It has been given the remit to act and the banks have set aside the money, but not enough has been done, or is being done, to ease the burden on British business. I have been contacted by many of my constituents about the FCA, the banks and the progress being made. Last night, that progress was slammed by none other than the chief executive of the FCA. Giving a speech at the Mansion House, Martin Wheatley said that

“the industry is deceiving itself if it imagines that a total of 32 offers accepted, totalling £2 million, is adequate progress.”

That is an admission, by the head of the FCA, that progress has been pathetic. With that quote, Mr Wheatley appears to be passing the burden squarely on to the shoulders of the banks. It is as if the FCA, and its predecessor the Financial Services Authority, had not been involved in the delays that have led to such inadequate progress. The FCA has the remit and the authority to speed up that progress. It is inextricably linked to that progress and the entire situation. As one of my constituents put it to me, it appears from the outside as if the

“FCA is unwilling to discuss anything with a bank customer, the British Bankers Association represents only the bankers, and the Financial Ombudsman Service remains buried in PPI cases.”

One mis-selling case in my constituency concerns a residential home. Thankfully, the business is still operating, but two of its owner’s other businesses have not been so lucky. The owner was mis-sold an interest rate swap agreement—in this case a “vanilla swap”—but the FCA scheme has been too slow in offering redress. Another constituent came to me today because he felt he was targeted by HSBC and sold an interest rate product that was wholly wrong for him and his business, but very profitable for HSBC.

The campaign group Bully-Banks, which I am sure has contacted many Members here today, highlights the precarious financial situation of the many businesses affected. People are up at night worrying about their bank and whether they will receive redress. As Mr Wheatley admitted, only 32 businesses have agreed redress out of the many thousands of businesses affected. That is not good enough. The country and the Government are focused on business for our economic recovery. We all know that more businesses mean more people in work, but with the FCA redress scheme operating at a snail’s pace, there are many thousands of businesses that will not be making those investments that we want them to; they will not be expanding or hiring more staff, until they receive redress and these matters are finally concluded.

The FCA’s chief executive contends that the banks are to blame for the speed at which redress is being offered to affected companies. According to several ongoing cases in my constituency, the banks are also to blame for a lot more. One business run by a constituent has already ended up in administration. It changed banks from HSBC to Lloyds TSB and was then badly advised. It seems that these two banks feature in practically all of my casework. My constituent was advised to set up a factoring account, which then disrupted his business, drove away his customers and caused problems with his cash flow. This was a high street bank once again showing a serious error of judgment. It poorly advised a business owner in my constituency, which led to that business being driven into administration. In this case, the Financial Ombudsman Service protected the bank after an investigation owing to a lack of documentation.

In yet another case of a bank not operating as it should, constituents of mine, attempting to grow their free-range egg and cider business, in the face of weak product prices and rising expenditure, received a support loan from their bank, Lloyds. Despite my constituents’ winning several high-profile contracts, however, Lloyds started to put what has been labelled as “unrelenting pressure” on the business. The bank gave my constituents a deadline to repay their loan and advised them to find an alternative bank. It then refused to release the ownership documents that would have allowed my constituents to sell a parcel of land, which would have repaid their debt to Lloyds and allowed them to move banks.

The Connaught Income Fund might be familiar to the House. I know that a number of parliamentary colleagues are involved in this matter. It is yet another case where the FCA and its predecessor, the FSA, have failed to take appropriate action. The fund was originally promoted, based on an information memorandum, as being of low risk. That memorandum now appears fraudulent, but was the FSA negligent to allow the fund to continue to operate, particularly when it became apparent that the memorandum was fraudulent? Several investors in the fund have gone even further, claiming that the FSA deliberately withheld information from the police and downplayed the serious nature of the fraud.

I am sure that the Minister will want to send a clear message from the Government to the FCA. We need the FCA actively to work to sort out these messes and to speed up its efforts. We need it to listen to the complaints and take serious action backed by meaningful compensation or fines. If this is not possible, perhaps he will confirm what changes in the law are needed to make it so. Finance is complicated, but the FCA is supposed to be sufficiently expert to appreciate what is going on and then have the teeth and nerve to act. Any bank must prefer to follow the FCA instructions—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. I apologise to the hon. Gentleman. I am listening so intently to every Member’s contribution that I forgot to look at the clock.

--- Later in debate ---

[Madam Deputy Speaker (Dawn Primarolo)]

Order. Lots of hon. Gentlemen keep referring to the Gallery, and they need to be reminded that doing so is a procedural motion that causes a Division. Perhaps I could help them by suggesting that they say that their constituents are following the debate “closely”, “intently” or “not far from the House”, so that we can avoid any confusion about any unfortunate procedural vote that might be triggered.

[Andrew Jones]

Thank you, Madam Deputy Speaker. We do not want any procedural confusions—I am always lost by the procedures here anyway—but I am quite sure that this debate is being followed closely from somewhere very near to where we are.

The companies in my constituency have provided me with much detail. They have been frank in explaining some of their personal commercial circumstances and providing me with access to some of the supporting papers, so that I could see the whole thing—the background and implications for their companies. I have heard of the challenges that companies have faced with cash-flow problems; of companies having to sell assets simply to generate enough cash to pay their banks; of companies having to delay investment; of companies having to make people redundant simply to take cost out of the business and raise cash to pay their banks; and of company managers enduring sleepless nights and desperate worries. I have even had a case where a company was put into administration. In that case, the business owner believes it was done by the bank purely to avoid its mis-selling liabilities.

Overall, this issue has had a detrimental impact on many businesses. However, as we have heard from colleagues from across the country, it is not a local issue; rather, it affects people up and down the country. The collective effect is a detrimental impact on the entire economy.

I know that the problem has been recognised and that the redress scheme has been created, but I do not think that that is good enough. More needs to happen. The speed with which the scheme is proceeding needs to get a lot faster, because we need a swift resolution to this issue. Businesses are haemorrhaging cash, and they are still facing the problems that I have outlined. In the vast majority of cases, resolution will result in a judgment of mis-selling. It will also bring clarity and, consequently, an ability to plan for the future. Businesses are in a state of near-suspended animation until they get that clarity.

The one way to deliver that speed is to bring an end to all payments during the resolution process. That would help companies with cash flow, and provide an incentive for the financial institutions to get on with it. Progress has simply been too slow. The FCA is at least now publishing some data, which is a help. As of 27 September, the review population stood at 27,989 companies, some classed as sophisticated, some not. Of that number, 16,236 have been classed as non-sophisticated, of which 438 have gone all the way through the process and had an additional redress outcome communicated to them. That represents a hopeless rate of 2.7%, after months and months of work, and it involves only a communication, not a conclusion.

I have been told by the FCA and by the banks of the number of people recruited to deal with the issue and of the importance that they attach to it. I am sure that people have been recruited, but that is simply a measure of input. A process is designed to achieve an outcome, and the outcome is not having a process. The process is not working. I want us to send a message from this place that the impact on UK business is being recognised, that the pace of the process is unacceptable, that the financial institutions and the regulators will work to improve that, that we in this place will be watching their progress and that the Government will apply appropriate pressure. This issue needs to be resolved very quickly.