Equitable Life

Bob Blackman Excerpts

Thursday 31st January 2019 Commons Chamber

[Bob Blackman (Harrow East) (Con)]

I beg to move,

That this House welcomes the Government’s acceptance in full of the Parliamentary Ombudsman’s findings in relation to its maladministration with regard to Equitable Life; notes that the Parliamentary Ombudsman recommended that policy holders should be put back in the position they would have been in had maladministration not occurred; further notes that the overwhelming majority of victims have only received partial compensation compared to the confirmed losses directly attributed to regulatory failures; and calls on the Government to make a commitment to provide full compensation to victims of the scandal with the end of austerity now in sight.

I thank the Backbench Business Committee for allowing us to have this debate, and the Government for finally allowing us to have some time in the Chamber to debate the issues that the Backbench Business Committee wishes to put forward. I declare an interest as co-chairman of the all-party parliamentary group for justice for Equitable Life policyholders. I have held that office ever since I was elected to Parliament in May 2010. I will set out the history of the scandal, the Government’s position to date, the current position on compensation, and what we want on behalf of the victims of the scandal. It is worth recalling that this was a Ponzi scheme. Equitable Life encouraged people to move their life savings into unsustainable pension funds by promising bonuses that could not be delivered. It also paid commission to agents to encourage people to move their savings into these scandalous positions. Ponzi schemes are all very well when money is coming in, but eventually money must be paid out. If the amount of money coming in is unsustainable, the bonuses that are promised to savers cannot be paid.

After almost a decade of operating the scheme, Equitable Life started legal action in 1999 to try to reduce the bonuses; it was unsuccessful in that regard. It then tried to sue its auditors for failing to point out the errors in its scheme. It was unsuccessful in that enterprise, too, and had to pay out more than £30 million in court costs. All that money could have been used to compensate the victims of the scam.

Eventually, the parliamentary ombudsman intervened and took up the case. Her recommendations said that this was the most serious case of maladministration she had ever encountered, and that the people involved were the Government, the regulators and Equitable Life. That is what makes this case unique.

[Mr Jim Cunningham (Coventry South) (Lab)]

The hon. Gentleman is making a compelling speech. He is right that the situation has been ongoing for a very long time. The parliamentary ombudsman said—I have read some articles on this today—that people still have not yet been fully compensated, and some of them have actually died. We have raised this issue time and time again over the years. My hon. Friend the Member for Leeds North East (Fabian Hamilton), who will speak shortly, has done a hell of a lot of good work on this. I congratulate the hon. Member for Harrow East (Bob Blackman) on securing the debate.

[Bob Blackman]

I thank the hon. Gentleman for that intervention. I have no doubt that the co-chairman of the APPG, the hon. Member for Leeds North East (Fabian Hamilton), will make a substantial contribution to this debate. He has been involved in this for more years than he probably cares to remember.

The previous Government promised some degree of compensation to the victims of this horrible scandal. I was a candidate at the 2010 general election, and in the run-up to it, the only pledge that Conservative campaign headquarters asked me to sign was that we would give full compensation to the victims of the Equitable Life scandal. I regard that pledge, which I signed, as one to the electorate and it is something I will honour. I believe that the Conservative party should honour it in full, and I welcome anyone else who will join me.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

I am grateful to my hon. Friend for all his hard work and persistence on the issue over many years. A number of my constituents, like his, have been affected by the scandal, but have received merely a fraction of what they are due and what the parliamentary ombudsman ruled they should receive. The Treasury’s reason for that was pressure on the public finances, but now that the public finances are in a better place, does my hon. Friend agree that it is now time to compensate the victims of this scandal properly?

[Bob Blackman]

I completely agree, and I will come on to our asks in a few minutes.

When we were elected in 2010 and the coalition Government came to the fore, that Government took action, as is acknowledged in the motion, and I was pleased that they did so. The piece of legislation to provide compensation was almost the first to be put through the House after the election.

[James Morris (Halesowen and Rowley Regis) (Con)]

I, too, congratulate my hon. Friend on securing this debate. The Government did take some action. My constituents Jean Cooper, Ron Moseley and Tom Graham—Equitable Life victims who have done a lot of work campaigning—have made lots of representations to me. Does my hon. Friend agree that, given the improving public finances, the Government should take on board the argument for full compensation, perhaps phased over time?

[Bob Blackman]

I thank my hon. Friend for that intervention. Conveniently, he leads me to my next point.

In the comprehensive spending review on 20 October 2010, the former Chancellor of the Exchequer, George Osborne—I do not always agree with him these days, but I certainly did at the time—remarked, in relation to Sir John Chadwick’s report:

“I accept the findings of the parliamentary ombudsman in full.”—[Official Report, 20 October 2010; Vol. 516, c. 960.]—

He did not say “partially”; it was not hedged in any way. He went on to talk about the relative losses and the amount of money, and said that the fair amount of funding at the time was £1.5 billion because of the state of the public finances.

In the financial statement on 20 March 2013, George Osborne went further and said that compensation should be provided to people who were not covered by the law—namely, the pre-’92 trapped annuitants. He said:

“We are not doing this because we are legally obliged to; we are doing it because, quite simply, it is the right thing to do.”—[Official Report, 20 March 2013; Vol. 500, c. 941.]

I agree completely.

In the financial statement on 8 July 2015, George Osborne stated:

“We are also going to use the remaining funds available in our Equitable Life payment scheme, as it closes, to double the support that we give to those policyholders on pension credit who need this extra help most.”—[Official Report, 8 July 2015; Vol. 598, c. 333.]

[Damien Moore (Southport) (Con)]

Does my hon. Friend agree that not only is it the right thing to do for these victims, but it is the right thing to do to show faith and confidence in the system and for all those who want to provide for themselves in old age? Over 2,000 of my constituents were affected by this.

[Bob Blackman]

My hon. Friend is absolutely right. This is a debt of honour, and we owe it to those victims who did the right thing. They saved for their old age and now they suffer consequences.

[Philip Davies (Shipley) (Con)]

Does my hon. Friend agree that if the Treasury was owed money by other people its attitude would be very different? It is amazing what the Government can find money for when it needs to. As my hon. Friend said, this is a pledge that this party has made over many years, and I support him in the campaign he has superbly led over many years. Does he agree that the Treasury should now do the right thing, as they promised to do all those years ago, as he has pointed out?

[Bob Blackman]

I thank my hon. Friend for that intervention. I am not a Treasury Minister, so unfortunately I am not in a position to honour that pledge, but I look forward to my hon. Friend the Economic Secretary giving us some good news this afternoon.

[Dr Matthew Offord (Hendon) (Con)]

I thank my hon. Friend, particularly in helping all my constituents. Does he agree that the failure to pay these moneys out over the last couple of years, particularly at the time of the financial crash when the banks and building societies were bailed out, sends out the terrible message that we will look after corporations, but we do not look after our constituents?

[Bob Blackman]

That is a serious point. During the financial crash, the view was taken that we could not afford or allow a situation in which the banks and other institutions failed. Indeed, the position of the Government successively has been that Equitable Life was too big an organisation to allow to fail. Had it failed when it was basically trading insolvently, the Government would have needed to pick up the total cost for all those victims of the scandal.

[Justin Madders (Ellesmere Port and Neston) (Lab)]

I congratulate the hon. Gentleman and my hon. Friend the Member for Leeds North East (Fabian Hamilton) on the work that they do in the all-party parliamentary group, of which I am a member. Today provides a perfect example of how political will can transmit into effective action. We have read the stories about MPs being offered resources for their constituencies to support the withdrawal agreement; does that not show that when there is the political will, the money can be found?

--- Later in debate ---

[Bob Blackman]

Thus far my constituency has not been offered any additional funds for my voting for anything—that is not the basis on which I vote in this House—but I can understand the hon. Gentleman’s concern.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

Many of my constituents who have been affected by the Equitable Life issue regard the APPG as their only voice in not only this place, but the country. Does the hon. Gentleman agree that the failure to compensate the Equitable Life victims not only has a hugely detrimental effect on their lives, with their not be able to retire in the comfort that they deserve, as they thought they would, but also affects faith in this House and in the pensions system at a time when people are living longer and need to be doing more to prepare for retirement?

[Bob Blackman]

It is clearly a view that people are not saving in the way in which they used to. Young people are being discouraged from saving as a result of what they see as the scandals that took place.

[Alex Chalk (Cheltenham) (Con)]

I join others in commending my hon. Friend on the extraordinary campaign that he has led. Does he agree that not only is this a debt of honour, but that the Treasury can take comfort from the unique circumstances of the case in terms of the fault that was found with the Government and other regulators to know that this would not open the floodgates? The matter stands on its own terms, and the Government can do the proper thing of compensating people without fearing that that will have some enormous knock-on effect.

[Bob Blackman]

Not only that, but if the compensation was paid out, because the people involved are vulnerable and retired or likely to retire soon, the Treasury would see the money repaid and put into the economy straightaway, not put away for a rainy day.

[Mr Marcus Fysh (Yeovil) (Con)]

Does my hon. Friend also agree that many who are suffering, some of whom live in my constituency, are not getting any younger and could really do with this money now?

[Bob Blackman]

They have been denied proper compensation for nine years. It is time that this was settled.

[Andrew Selous (South West Bedfordshire) (Con)]

We know that many of the victims were retired nurses, teachers and factory or shop workers, and therefore not people of huge means, but one particular group is affected: small business owners who had no choice but to set up a pension. Does my hon. Friend agree that we owe a particular debt of honour to these small business owners who had to set up a pension and thought Equitable Life was a perfectly proper company to do that with?

[Bob Blackman]

Many companies in this country encouraged their employees to invest with Equitable Life thinking that it was a safe haven. In fact I can speak from personal memory, in that I was an employee of BT at the time and we were encouraged to invest in Equitable Life. Thank goodness we had a choice—I made the right choice, but I could be in the position of the victims.

[Several hon. Members rose—]

[Bob Blackman]

I will give way to the hon. Member for Stretford and Urmston (Kate Green) and then move on to the key points I want to make before winding up.

[Kate Green (Stretford and Urmston) (Lab)]

I congratulate the hon. Gentleman and his co-chair, my hon. Friend the Member for Leeds North East (Fabian Hamilton), on all the work they have done. I should declare an interest, in that I had an Equitable Life policy. I lost a very small amount of money, but over 2,000 of my constituents will have lost much more.

Does the hon. Gentleman agree that in addition to the financial benefits the Treasury would draw from money recirculating, doing such a thing would also mean that those former policyholders who are now having to look to other financial instruments to raise cash—such as equity release, which is equally inappropriate for them—would be protected from having to undertake other risky financial measures to sustain themselves in their old age?

[Bob Blackman]

I completely agree with the hon. Lady; she makes a valid point.

[Several hon. Members rose—]

[Bob Blackman]

I give way to my hon. Friend the Member for Cheadle (Mary Robinson).

[Mary Robinson (Cheadle) (Con)]

One of the issues that has affected people in my constituency—they are really concerned—is the fact that they expected this to be dealt with. They trusted the Government to do so, and they are very suspicious and cynical about the delay. We need reassurances that the Government truly understand the impact that this is having on people’s lives.

[Bob Blackman]

Clearly there is a debt of honour, and we need to make sure the people who have been victims are properly compensated.

[Mrs Kemi Badenoch (Saffron Walden) (Con)]

Will my hon. Friend give way one more time?

[Bob Blackman]

Given that my hon. Friend has been sitting beside me, I will give way to her before I move on.

[Mrs Badenoch]

I thank my hon. Friend; he has been exceedingly generous in giving way.

I can only echo the many points that Members on both sides of the House have made about this issue. Many of my constituents have written the most heart-breaking stories about how their lives were destroyed by this scandal. What is my hon. Friend’s view of the fact that no one has been prosecuted or sent to prison for this scandal?

--- Later in debate ---

[Bob Blackman]

That is clearly a matter for court action—for the Crown Prosecution Service and others—but it is a further scandal that no one has suffered anything other than the people who saved the money in the first place.

May I set out for the House’s benefit the categories of individuals who suffered the unfortunate loss? First, there are the pre-’92 trapped annuitants. Bizarrely—I have never understood this—the Government drew a line at 1 September 1992 for the people who would receive compensation. Those who invested before 1 September 1992 were excluded from the compensation scheme, yet they are the most elderly and often the most vulnerable individuals who are owed money. Someone who took out a pension policy on 31 August 1992 got not a penny, but those who took a policy out on 1 September 1992 could end up with full compensation. That seems completely arbitrary. Many of these people are particularly vulnerable. Some 9,200 of those individuals are still alive and it is clear that they should receive full compensation.

The cost of providing full compensation for those victims will be less than £100 million. The key point is that within the compensation scheme, there is a contingency, and that does not need to be used now because the forecasts are that the payment for those who were receiving 100% benefit will be 11% down, so the additional funds and the contingency are not required. The Government could therefore take the decision to pay in full those most elderly victims who need assistance.

Post-’92, there are of course two categories: those who received 100% compensation; and those who have received 22.4% compensation. Why 22.4%? That is an arbitrary figure. I believe that every victim of this scandal should receive the full amount of money.

In the various statements that were made to the different Select Committees and to this House, the Government accepted that the total bill would be £4.3 billion. That figure was later corrected to £4.1 billion. However, the Government have allocated only £1.5 billion. They clearly have a debt of honour, and I have three basic asks for them today. First, given the position of the pre-1992 trapped annuitants and the figures that I have set out, will the Government now take action to compensate fully those elderly individuals who are extremely frail? The money will almost certainly go straight back into the Treasury and the economy in a way that we would all welcome.

Secondly, will the Government face up to the fact that although the scheme is closed to new entrants, they are going to be paying out to the victims of the scandal for some considerable time? Will they therefore top up that money, possibly over a phased period, as has been suggested? Perhaps that period could be five years. Most of those victims will be coming up to retirement soon, and they need certainty that they are going to get some money. The key point here is that this would not immediately cost the Treasury the £2.6 billion that would be required, because this could be phased over a longer period to top up the pension schemes of those in operation.

My third ask, which is equally crucial, relates to the fact that the Government now know exactly who is involved, because the scheme is closed to new entrants. They know the names, the addresses, the national insurance numbers and the total amount that those people are owed, and that data needs to be retained. I ask the Minister to give a guarantee that data will be retained and not destroyed, so that when the Treasury eventually owns up to this and accepts that it has to pay full compensation, we do not have to go back to square one to get all the data back.

[Gavin Robinson (Belfast East) (DUP)]

rose—

[Bob Blackman]

I will give way just one more time, because I know that the Deputy Speaker is looking at me and expecting me to finish.

[Gavin Robinson]

I am grateful to the hon. Gentleman for giving way. I think it is important to reinforce his three asks. I met an 87-year-old constituent on Friday afternoon who was distraught and in tears over how he had been left as a result of the Equitable Life scandal, but he was given hope when he got a note from the action group to say that today’s debate was happening. Given the hon. Gentleman’s three key asks, and given the political willingness right across the House and around the country to resolve this issue, does he agree that the Government must ensure that this will not be another false dawn for those who look to us most?

[Bob Blackman]

I thank the hon. Gentleman for his timely intervention.

I would like to sum up by thanking the Equitable Members Action Group and the policyholders who have suffered for so long. I also want to make it clear to the House that things have changed. When we were elected, it was basically only Conservative Members, and some colleagues from the opposite side, who were supporting justice for Equitable Life policyholders. The all-party parliamentary group now has more than 100 members, from the Labour side in particular, who now recognise that this is a debt of honour, so this is not just confined to these Benches. The reality is that if the Government fail to honour the debt, further action will clearly have to follow and we will force the Treasury to take action.

[Several hon. Members rose—]

--- Later in debate ---

[Bob Blackman]

With the leave of the House, I would like to thank the 10 right hon. and hon. Members who have spoken in the debate and the numerous other colleagues who made interventions. I regard the Minister as an honourable Friend, and I understand that he has to maintain a solid line from the Treasury and the Chancellor. That is clearly his job, but the 1 million people out there who are victims of this scandal will be disappointed with what my hon. Friend has had to say. The reality is that we have a debt of honour. I believe that we should repay that debt. It can be done over a period, not necessarily all at once, as we have said during the debate.

[Drew Hendry]

Will the hon. Gentleman give way?

[Bob Blackman (Harrow East) (Con)]

I am summing up, and I have to keep very tightly to time.

I am grateful for all the praise that has been heaped on me and the hon. Member for Leeds North East (Fabian Hamilton) for the campaign that we have continued to run. I would much rather that the Government honoured the commitment that we all made in 2010 to deliver full compensation for the victims of the scandal. During the debate, our membership of the all-party parliamentary group has increased yet again. We now have 238 members, and we have been joined by no less a figure than the right hon. Member for Doncaster North (Edward Miliband), the former leader of the Labour party.

If the Government do not wake up to the fact that, on a cross-Bench basis, we are determined to get justice for Equitable Life policyholders, they may find that if they do not do the right thing it will be forced upon them.

Question put and agreed to.

Resolved,

That this House welcomes the Government’s acceptance in full of the Parliamentary Ombudsman’s findings in relation to its maladministration with regard to Equitable Life; notes that the Parliamentary Ombudsman recommended that policy holders should be put back in the position they would have been in had maladministration not occurred; further notes that the overwhelming majority of victims have only received partial compensation compared to the confirmed losses directly attributed to regulatory failures; and calls on the Government to make a commitment to provide full compensation to victims of the scandal with the end of austerity now in sight.

[Matt Rodda]

On a point of order, Madam Deputy Speaker. During my brief intervention during the debate I was unable to mention that I have a close relative who was one of the policyholders and he has suffered as a result. I should like to add that for the benefit of the record.