Equitable Life Policyholders: Compensation

Desmond Swayne Excerpts

Thursday 23rd March 2017 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 policyholders should be put back in the position they would have been 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; regrets that the Government made no further funding available in the Spring Budget 2017; and calls on the Government to make a commitment to provide full compensation to victims of the scandal as the economy continues to recover.

I draw the House’s attention to my declaration in the Register of Members’ Financial Interests, as I am the co-Chair of the all-party parliamentary group for justice for Equitable Life policyholders.

This saga has been going on for more than 25 years. There have been debates in this House on many occasions. I am delighted the Government took action as early as 2010 to provide compensation for the victims of this scandal. This is a unique scandal, and there are three sets of individuals involved. For the benefit of all Members, I will in due course briefly go through the issues faced by those three sets of people.

It is clear that this is a unique case. When I stood for election in 2010, individual candidates made relatively few promises and pledges, but one of the pledges I made was to seek full compensation for Equitable Life policyholders, and I can assure those affected that I and my colleagues will continue this fight until every policyholder has received the full compensation they are due.

[Sir Desmond Swayne (New Forest West) (Con)]

Given the failure of the regulator to identify, let alone expose, the problem, what information was in the public domain that a savvy investor could have taken into account and that might have alarmed him?

[Bob Blackman]

That intervention goes to the heart of the matter. The reality is that people who were investing their life savings in pension schemes, from the time when it was possible to take out personal pensions, were persuaded by unscrupulous Equitable Life salespeople to transfer those life savings—their hard-earned money—into a Ponzi-like scheme. They were promised bonuses that were unachievable, and the regulator knew they were unachievable. All was well while enough money was coming in, but eventually, as we know, the money coming in was insufficient to pay the bonuses expected, and disaster loomed. The key point, as my right hon. Friend points out, is that there was no information in the public domain, and individuals could not have known that they would be affected, but they were none the less. The regulator, who should have been overseeing this, knew what was going on, and the Treasury knew what was going on, but no one took any action. This was hidden because the cost of collapse to the public purse was so immense that this could not be allowed to continue.

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[Robert Neill (Bromley and Chislehurst) (Con)]

It is a pleasure to follow the hon. Member for Leeds North East (Fabian Hamilton) and my hon. Friend the Member for Harrow East (Bob Blackman), both of whom deserve great credit for the work they have done. My hon. Friend also deserves credit for securing the debate. I would call both of them friends outside this Chamber. They have worked tirelessly on this issue.

As the hon. Member for Leeds North East just said, the vast bulk of Equitable Life losers were modest people who had bought in to what successive Governments of all parties had told them was the right thing to do. They were told to save for their retirement, to put something aside, and that they would benefit thereafter. Why did they lose because of catastrophic errors by the company and a catastrophic error of regulation? The Government create the regulator and the regulatory system. The Government, ultimately, must bear the responsibility for that failure. I do not mean that in a partisan sense, but morally they must be prepared to do so.

[Sir Desmond Swayne]

I have hitherto resisted the case for full compensation on the basis of two arguments. One of them was that if the returns were too good to be true, investors ought to have spotted that. However, I have begun to wonder whether that argument is sustainable, because if the benefits were too good to be true, the regulator should have spotted it. This is a regulated market in which ordinary investors ought to have had confidence.

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[Joanna Cherry (Edinburgh South West) (SNP)]

I pay tribute to those who secured the debate, particularly the hon. Member for Harrow East (Bob Blackman), who has worked tirelessly on behalf of the victims of the Equitable Life failure.

Equitable Life policyholders have been failed by three bodies. They were failed, first, by the life insurance scheme in which they invested; secondly, by the regulator; and thirdly, by the Government, who have not done enough, although I acknowledge that this Government and the previous Government moved to do something. The point of the debate is that they have a duty to do more for moral reasons, as other hon. Members have said. They should also do more, again as others, particularly the hon. Member for Bromley and Chislehurst (Robert Neill), have said, in order to underwrite confidence in the financial sector throughout the United Kingdom.

In Edinburgh South West, the financial sector is extremely important. Many of my constituents work in it, and Edinburgh has the second largest financial sector in the UK outwith London. However, quite a number of my constituents are victims of the collapse of Equitable Life and I want to say a little about the personal experiences of two or three.

Others have already dealt more eloquently than I can with the nub of the issue. Basically, it is the shortfall: the difference between the amount in the scheme that the previous Chancellor, the right hon. Member for Tatton (Mr Osborne), created—£1.5 billion—and the total loss, which he admitted was £4.1 billion. There was therefore a difference of £2.6 billion. In the great scheme of things, that is not a huge amount of money, especially when we consider it against the principles that should govern such a situation.

The Government initially attempted to exclude all those who took out schemes before 1992. That would have excluded some of the oldest, most vulnerable, and most incapable of making their voice heard. The Government’s sticking plaster on compensation for the pre-1992 scheme holders—an extra £50 million—does not cover the full amounts lost and continues the unfairness to those least likely to be able to continue the fight against the injustice. The Government’s choice—it is a choice; every Government have to choose their priorities—not to compensate fully those who are unlikely to live long enough to provide the sustained pressure necessary to reverse the decision is most unfortunate.

This is not the first time that the Government have failed on compensation or regulation. Like other hon. Members, I have been present in the Chamber for the debate on the losses of investors in the Connaught Income Fund. I have constituents who suffered as a result of that. Of course, there is also the ongoing issue of the Women Against State Pension Inequality Campaign. Those women invested in their future according to the rules that they understood to apply at the time. During the debate, I have received messages from WASPI women, reminding me to mention them and emphasising that they have suffered a similar injustice to those affected by the collapse of Equitable Life.

I want to say something about the effect on three of my constituents. I will not name them for reasons of personal privacy. I will call them Mr A, Mr B and Mr C. Mr A started to run his own business in his 40s and at that time, he took out three personal pensions with Equitable Life, two for him and one for his wife, who was a partner in the business. When Equitable Life was unable to deliver what it had promised, Mr A and his wife lost their guaranteed annuity rates as the company tried to avoid liquidation. That meant that they were getting only 50% of the rate that the company had guaranteed them. When the coalition Government announced their planned compensation scheme, Mr A expected to be reimbursed to a degree that would at least allow him to lead the sort of life in his old age that he had hoped for when he took the schemes out in the 1980s. However, when he was compensated, he realised he had received only about 4% of the money owed to him. His appeal was successful and was upheld by the independent panel, but the recalculation has never been carried out, despite the strenuous efforts of my predecessor, the previous Member of Parliament for Edinburgh South West.

Mr A still does not have the 50% compensation that he expected to receive, which means that he and his wife have very much had to lower their expectations of old age, and have had to use the equity release scheme to release funds on their home to help them to manage. They would never have expected to have to do that, and indeed had planned against doing so.

[Sir Desmond Swayne]

The second argument I have used to resist full compensation is that we would be requiring taxpayers, many of whom would never have been able to afford such investments, to compensate the annuitants—I accept that the annuitants were also taxpayers. However, the evidence about the modesty of so many annuitants has affected the argument. Equally, I wonder whether it is sustainable to subject justice to a means test.

[Joanna Cherry]

The right hon. Gentleman has obviously thought this through carefully. The conclusions he has come to with his first concern, and the conclusions he is moving towards with his second concern, are very wise. As another hon. Member pointed out, the purpose of having a regulator is to spot when what is promised is not realistic. In a democracy such as ours, with checks and balances and regulators, ordinary investors are entitled to assume that the regulator would say, “This is nonsense and dangerous”, even when a well respected and reputable company had made those promises—these were not fly-by-night investments as far as my constituents were concerned, but investments in a very old and well respected company.

Mr B is quite elderly—he is in his 80s now—and his memory is fading a bit. He was a shopkeeper, which is just the kind of small businessman and entrepreneur that the Conservative Government purport to support. The Scottish National party, too, very much encourages entrepreneurialism and small business—it is in the interests of all of us to encourage entrepreneurialism.

Mr B took out his Equitable Life policy about 40 years ago and has suffered hugely. He told me that, whenever he thinks about what has happened to him and the losses he has sustained, he finds it very hard to describe the pain it makes him feel. He ran a shop in an area of Edinburgh where a lot of his customers were professional people who had also invested in the scheme and told him it was a good thing. He proceeded with all due caution.

Mr B has told people in my office that he is not looking for very much. He wants his rights and his reasonable expectations to be respected. He wanted me to make it very clear today that the current under-compensation underlines his belief that the ideas of trust and bond, which he says used to be so important to investment, seem to have no place in the modern world of financial transactions. It is unfortunate that an elderly gentleman such as Mr B, who has worked so hard all his life in his own business, should have reached that conclusion. He is anxious that, at this stage, late on in his life, if he is unable to pay the debts that the Equitable scheme should have covered for him, he will lose his house—the home where he lives.

The losses of Mr C, another constituent, are substantial —he told me that he believes his losses to be upwards of £200,000. Mr C was a shopkeeper too. He believes that, as he is getting very old, any year could be his last, and that time is quickly running out to find the justice he deserves.

I am making a heartfelt plea to the Minister on behalf of constituents such as Mr A, Mr B and Mr C to look at this again. I wrote to the Chancellor in advance of the last Budget. The Minister was generous in his reply and dealt with matters in detail. I realise that, to a certain extent, his hands are tied, but I make a plea to him to go to the Chancellor to revisit this issue, so that the compensation payments—I use the word “compensation” loosely, as we have discussed—can be considerably increased for all our constituents, but particularly for gentlemen and women in the position of Mr A, Mr B and Mr C. To echo what others have said, it is the right thing to do and the moral thing to do, but it is also in all our interests, because it would increase and underline confidence in the financial sector, which is so important to the United Kingdom.

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[Peter Dowd (Bootle) (Lab)]

First, I should like to associate myself with all the comments that Members have made about the dreadful events that occurred yesterday. I send my condolences to the families of those who died and I wish a speedy recovery to those who were injured.

This has been an incredibly thoughtful and considered debate on both sides of the House. I should like to thank the hon. Member for Harrow East (Bob Blackman) for bringing this subject before us today. He has devoted a huge amount of time and commitment to this issue over the years. He and my hon. Friend the Member for Leeds North East (Fabian Hamilton) have pursued it doggedly, and I would like to thank them for that. The hon. Member for Harrow East set out the situation clearly today. Words such as “scandal” and “confidence” have been thrown in during interventions, and they sum up the issue for many people. I thank the hon. Gentleman for setting out the landscape for us today.

I should also like to thank my hon. Friend the Member for Leeds North East, who said that there was a moral duty to compensate the hundreds of thousands of people who have been affected over the years. He said that this was a moral issue and a question of trust in the state, and I think that that resonates with many of us. The hon. Member for Bromley and Chislehurst (Robert Neill) reminded us that people had been encouraged to save, and that that was the right thing to do. He said that they should not be dis-benefited as a result of that now. He also talked about the catastrophic regulatory and company errors that were made—I shall say more about that later—and about the alarm bells that were ringing. He said that the Government’s providing the necessary resource would be a gesture of confidence for the public.

The hon. and learned Member for Edinburgh South West (Joanna Cherry) also raised the issue of the failures in the system, and said that the unfairness was continuing. She spoke movingly about her constituents’ experiences, and about the trust that people must have in the system. The hon. Member for Stafford (Jeremy Lefroy) talked about equity, and I think that he probably meant equity not only with only a big E but a small one. He said that the regulations should not only be carried out but be seen to be carried out. He also talked about confidence and trust in the system, and the question of long-term security through confidence in the regulatory process.

[Sir Desmond Swayne]

It is alleged that when Gordon Brown was put under pressure by members of his own party in the early 2000s to compensate the policyholders, he retorted, “These aren’t our people.” Whether that is true or not, would the hon. Gentleman accept that they are very much his people, as indeed they are ours as well?

[Peter Dowd]

I have no doubt whatever that these people are all our people.

My hon. Friend the Member for Ellesmere Port and Neston (Justin Madders) talked about cross-party support and about the appropriate action that the Government need to take. He said that policyholders were still being short-changed. He, too, talked about the restoration of trust and confidence in the system, and referred to the WASPI women. He said that the erosion of confidence could cost more in the long run, and that justice delayed was justice denied. The hon. Member for East Renfrewshire (Kirsten Oswald) talked about her now elderly constituents who are in distress, and about the failed and toothless regulatory system. That saga cannot continue. The hon. Member for Strangford (Jim Shannon) talked about his constituency and looked to the Minister for solutions, saying that people are justified in their pursuance of full compensation.

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[Simon Kirby]

I was going to cover the issue of Icelandic banks later, as might be expected, but there is a big difference between the two. Those ex gratia payments were different from the Equitable Life scheme in that the Government expected to recover, and indeed did recover, all the money paid to UK depositors as the banks were wound up. It is not fair to compare the two.

I will now address some of the specific issues that have been raised. My hon. Friend the Member for Harrow East said that the payments were not transparent. Transparency is one of the core principles of the scheme, and the methodology of calculation was published in full along with a simplified explanation for the layperson. I am also aware that Her Majesty’s Treasury has met EMAG to discuss the matter and found there to be no errors.

My hon. Friend sensibly asked why the Government cannot commit to paying Equitable Life policyholders in full when the economy has fully recovered and the debt starts shrinking, and it is right that the Government balance the needs of affected policyholders against those of taxpayers, and of public service users more generally. The Government have to tackle a debt of nearly £1.7 trillion, or almost £62,000 for every household in this country, which is a salient point. He also said that the cost of paying the pre-1992 annuitants would be less than £100 million. No assessment has been made of the pre-92 losses, but the Government recognised the hardship faced by the group so paid lump sums of up to £10,000, at a cost of around £50 million. That was new money over and above the original £1.5 billion.

Several hon. Members, including the hon. Member for Bootle (Peter Dowd), mentioned the failure of regulation and the need to stand behind any failure in a financial services group. It is fair to say that this Government, and the coalition Government before us, have fundamentally reformed financial regulation, including, importantly, through the expansion of the financial services compensation scheme.

The hon. Member for Leeds North East, who has moved places and is confusing me only very slightly, said it was unfair that we excluded pre-92 policyholders. I have every sympathy with the position such policyholders find themselves in during retirement, but the policies commenced before any maladministration could have affected investment decisions. Pre-92 policyholders have instead been affected by falling comparative annuity rates in the light of the issues at Equitable Life. I have already referred to the ex gratia payments of £5,000, or £10,000 for those in receipt of pension credit, that were made in December 2013.

The hon. and learned Member for Edinburgh South West (Joanna Cherry) said that the Government have not done enough—a point also made by others. I sympathise with the plight of her constituents. I am glad she recognises that the coalition Government did more to address the issue than any Government who preceded them. She asked about the Chancellor of the Exchequer; he was clear in his spring Budget that the scheme is closed and no more money is forthcoming.

My hon. Friend the Member for Stafford (Jeremy Lefroy) made some eloquent points about regulation. I agree that trust is vital, and I am proud of the reforms made to the regulatory system. Many people say we have too many regulations; I always think that financial services are there for everyone so it is important that we provide an appropriate level of protection for everyone, big or small.

The hon. Member for Ellesmere Port and Neston (Justin Madders) suggested that the Government had ignored the ombudsman’s recommendations. The ombudsman’s report was the foundation of the payment scheme. As I said, the ombudsman subsequently wrote to the all-party group. Whether or not we agree about the term “incompatible”, the ombudsman said that the Government’s decisions on affordability and eligibility cannot be said to be incompatible with her report. The hon. Gentleman also mentioned the 2010 manifesto. It is worth saying that payments were fair to both the taxpayer and policyholders, with the most vulnerable groups receiving 100% of their losses. The whole scheme is based on the ombudsman’s report.

[Sir Desmond Swayne]

I hate to interrupt the Minister’s flow, but I wish to take him back to my intervention on my hon. Friend the Member for Harrow East (Bob Blackman) about the regulator’s failure to identify problems. My hon. Friend said in response that the Treasury itself was aware of Equitable Life’s problems long before they emerged; does the Minister know whether that is true?

[Simon Kirby]

It is fair to say that there were a lot of issues and that a lot of things were done that we would do differently today. All that was taken into account in the vast number of reports and inquiries, and is now represented in a fair and equitable scheme for payments.

Connaught was mentioned by the hon. and learned Member for Edinburgh South West. As I understand it, I will be meeting her in the very near future to discuss that issue, and I am very pleased to do so. The matter is currently being investigated by the Financial Conduct Authority.

I thank the hon. Member for Strangford (Jim Shannon) for his understanding. He made a very thoughtful contribution in which he mentioned children. I say to him that we must be careful to strike the right balance and that we do not saddle our children and grandchildren with unfair levels of debt. It is about making sure that those people affected receive a fair amount.

The hon. Member for Angus (Mike Weir) set out cases in which constituents have a reduced annuity in their retirement. I have a great deal of sympathy with them, as I know the difficulties that a reduced income in retirement causes. The Government recognised that, which is why annuitants should receive 100% of their losses.

I will, if I may, finish with some figures, because I need to clear up the confusion. To date, the Government have paid out £1.12 billion. They will be paying out another £355 million, totalling £1.47 billion, leaving a balance, for those who can add up, of £25 million. We intend to provide a safety net to ensure that payments to the most vulnerable are maintained as they live longer—let us hope that they all live longer—and so I do not recognise the £140 million figure that was cited.

In conclusion, I appreciate that some policyholders who have carefully invested for their retirement are now not receiving the income they expected, but we have done more than any other Government to resolve the Government’s part in the Equitable Life issue. We have committed £1.5 billion. We have paid out the £1.12 billion, with more to come, and we have struck the right balance, which is fair to the British taxpayer and supportive to those most vulnerable policyholders.