Financial Services and Markets Bill (Sixth sitting)

Emma Hardy Excerpts

Committee stage
Thursday 27th October 2022 Public Bill Committees

[Andrew Griffith]

Clause 28 enhances FSMA by enabling the Treasury to place an obligation on the FCA or the PRA to make rules in a certain area of regulation. Equivalent provision for the Bank of England and the Payment Systems Regulator is made in clause 44 and in paragraph 7 of schedule 7.

FSMA requires that regulators advance their objectives when they make rules, set technical standards and issue guidance. The regulators must also take into account eight regulatory principles when discharging their functions. It is generally up to the regulators to determine what rules are necessary, but as set out in the future regulatory framework review consultation in November last year, that approach may not always be sufficient. There must be a means for the Government and Parliament to require the regulators to make rules covering certain matters, in order to ensure that important wider public policy concerns are addressed. That approach has already been established in legislation through the Financial Services Act 2021, which required the FCA to make rules that applied to FCA-regulated investment firms.

Clause 28 enables the Treasury to make similar regulations and place an obligation on the regulators to make rules in a certain area. The clause aims to strike a balance between the responsibilities of the regulator, the Treasury and Parliament now that we are outside the EU. It does not enable the Government to tell a regulator what its rules should be; it simply enables the Government, with the agreement of Parliament, to say that there must be rules relating to a particular area. The FCA and the PRA must continue to act to advance their objectives and take into account their regulatory principles when complying with the requirements set under this power. The Treasury cannot require the regulators to make rules that they would not otherwise have the ability to make.

I assure the Committee that this power will always be subject to the affirmative procedure. That is the most appropriate procedure, as it means that Parliament will be able to consider and debate any requirements set in this way. It also ensures that the Government are able to act to ensure that these requirements stay up to date with changing markets, rather than setting them out in primary legislation, where they could quickly become out of date. The clause enhances the FSMA model, enabling the Treasury to ensure that key areas of financial services continue to be regulated following the repeal of retained EU law and in the future. I commend the clause to the Committee.

Question put and agreed to.

Clause 28 accordingly ordered to stand part of the Bill.

Clause 29

Matters to consider when making rules

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

I beg to move amendment 1, in clause 29, page 41, line 7, at end insert

‘, and also to financial inclusion.

(2A) For the purposes of this section, “financial inclusion” means the impact on those who might be prevented from accessing financial services as a result of the new rules made by either regulator, or from accessing them on the same terms as existed before the making of the new rules.’

[The Chair]

With this it will be convenient to discuss the following:

New clause 2—FCA: Regard to financial inclusion in consumer protection objective—

‘(1) FSMA 2000 is amended as follows.

(2) In section 1C (The consumer protection objective), after subsection (2)(c) insert—

“(ca) financial inclusion;”.’

New clause 3—FCA duty to report on financial inclusion—

‘(1) The FCA must lay before Parliament a report, as soon as practicable after the end of—

(a) the period of 12 months beginning with the day on which this Act is passed, and

(b) every subsequent 12-month period,

on financial inclusion in the UK.

(2) A report under this section must include—

(a) an assessment of the state of financial inclusion in the UK;

(b) details of any measures the FCA has taken, or is planning to take, to improve financial inclusion in the UK;

(c) developments which the FCA considers could significantly impact on financial inclusion in the UK; and

(d) any recommendations to the Treasury which the FCA considers may promote financial inclusion in the UK.’

[Emma Hardy]

My amendments relate to the issue of financial inclusion, which those who serve on the Treasury Committee have heard me talk about many times before. I will start with an explanation, which is much better than the one I tend to give, that I found in the written evidence from the Financial Inclusion Commission of what financial inclusion actually is. It speaks about its vision for

“a financially inclusive UK where financial services are accessible, easy to use and meet people’s needs over their lifetime, and where everyone has the skills and motivation to use them.”

I would think that that aim and ambition would be supported by everyone. I will add that the Financial Inclusion Commission is a cross-party, cross-organisation group that recommends financial inclusion.

The commission also said in its evidence that

“over a million people in the UK do not have a bank account, one in four households lack insurance protection and one in five adults would not be able to cover more than one month of living expenses if they lost their source of income.”

Financial inclusion is a hugely important and relevant issue. Some 22% of UK adults have less than £100 in savings. The commission says that it believes the Financial Conduct Authority

“does not have the powers to adequately reflect vulnerable consumers’ interests when considering potential regulatory changes.”

That was its argument for my amendment, which is about “have regards”.

I also came across written evidence from the Phoenix Group. I was a little surprised by it, but in a happy way. The Phoenix Group is a FTSE 100 company, and it also argues for the FCA to have regard to financial inclusion. It says in its evidence:

“Financial exclusion is one of the biggest drivers of poor consumer outcomes in the UK – it is a clear oversight that there is no specific statutory requirement for the FCA to address, or even consider, financial inclusion issues across its work.”

It goes on to talk about this in relation to pensions, in particular. It said one of the problems it encounters in the

“long-term savings and pensions space”

is what it calls the “guidance gap” when it comes to making decisions about pensions. It believes that requiring the FCA to have regard to financial inclusion could start to address some of these issues. I have to say that before I read all of the evidence, I had not heard a FTSE 100 company arguing for that.

In oral evidence, the FCA pushed back on the need for a “have regard” for financial inclusion. We might have expected that; people tend to push back on having things added to their workload, even when the evidence says something else. The push-back tends to suggest that the FCA has a consumer duty and therefore does not need a “have regard” for financial inclusion. However, there is a big difference between the consumer duty and the “have regard” that I am talking about.

The consumer duty deals with people who are able to access products, but I am talking about the people who cannot access products at all because they are excluded from the financial market. The clients I am referring to are the ones the market does not want. That is happening more and more as we face the cost of living crisis. In real life, the people we are talking about end up being disadvantaged by paying more for credit, more for insurance and more for services, as we heard in evidence from Martin Coppack of Fair By Design.

The financial inclusion forum, chaired by HMT and the Department for Work and Pensions, addresses some issues, but it has been criticised as a closed talking shop. There are no selection criteria for who is invited and very little is published on what it does, what it discusses, or its actions and outcomes. Many of the organisations that back the “have regard” requirement for the FCA sit on that group already, and they recognise that what we have done is not enough, which is why they are calling for the requirement. In addition, we cannot get the toughest issues talked about at the financial inclusion forum—many allies have asked for the poverty premium to be on the agenda, but with no luck—and it does not seem to have many positive outcomes.

--- Later in debate ---

[Dame Angela Eagle (Wallasey) (Lab)]

It is a pleasure to follow my hon. Friend the Member for Kingston upon Hull West and Hessle, whose comments I wholeheartedly support. I suspect there will be widespread support among Committee members for the objectives of her amendment. Perhaps the Minister will argue that a “have regard” to financial inclusion is the wrong way to go about it, but I would argue that not having these things in mind when an industry is being regulated can make a situation worse.

We know the level of financial exclusion because my hon. Friend mentioned the figures. I do not intend to go over all that, but essentially what we have—this has developed because of the way the market works—is a retail financial services sector that is very focused on a set of quite complex products. It is also very focused on its distribution networks and not so much on the customer. Retail financial products have often focused on the relationship between those who introduce products and those who sell them on to the ultimate customer, often with quite rewarding levels of sales commission. The bad end of that kind of financial services model is that we get a structure that is not focused enough on consumers, and a range of ever-increasing complexity that costs more and excludes more people who might be on basic incomes.

Over time, the dynamic of that structure means that the financial services sector gets more and more complex, more and more focused on the distribution networks, and less and less focused on the end customer. One understands that when the industry starts complaining about the lack of financial education. There is some truth in that, but there is also truth in the fact that the opacity of the price mechanisms and the complexity of the products that the industry comes up with make it confusing, and of course that increases the cost base, which excludes more low-paid people.

A previous Administration that I might have been a member of tried to address the issue with stakeholder products that were meant to be much simpler with very up-front but capped pricing that everybody would understand. Those were throttled out of existence because the industry did not really want them to succeed, and what has happened since—not by anyone’s design but by the dynamics of the way the market works—means that there is less and less available for those who have small amounts of income because the products are simply not profitable in the current structure of our retail financial services.

This is a systemic issue that needs to be solved, because we need a financial services retail sector that serves everybody. We do not have one, and we are getting to a stage where market dynamics make it less and less likely that we will have one; they are actually excluding more people. I think that a “have regard” that prompts thought about structures and, perhaps, about the regulation of some simpler products that could be made available is a really important part of addressing that market failure.

Like my hon. Friend the Member for Kingston upon Hull West and Hessle, I am worried that the Minister will say that we have consumer protections in place. This is not about those who are currently consuming the products; it is about those who cannot even afford to have basic bank accounts, those who have to go to money lenders because they are in such precarious circumstances, and those who pay the poverty premium because accessing financial services costs so much more as a percentage of their overall income than it costs someone on a higher income. I can tell the Minister—I am sure he has come across this in his own constituency—that many people who exist on very tight incomes, and who really have to budget, shy away from having basic accounts because they cannot afford to go into deficit and be charged a fee. That would destroy all their very careful balancing.

This issue is particularly important for people who are on benefits and have them paid into a bank account at a set time, but who have bill payments coming out at a different time. I would really appreciate it if the Minister would think profoundly about how the problem can be solved, so that our financial services sector can get to a stage where it can make profit—a modest profit perhaps, but some profit—out of dealing with people on much more modest incomes. After all, there are millions of them, and the dynamic of the market structures we have at the moment is moving provision away from people on lower incomes.

[Emma Hardy]

On my hon. Friend’s point about consumer duty, the evidence suggests that one of the unintended consequences is that it can make some currently marginally profitable products unprofitable, thereby excluding more people from them, so one of the things that the consumer duty is trying to address is actually making it more difficult for some people in society to have anything.

[Dame Angela Eagle]

I agree with my hon. Friend.

I will wrap up. Given that this is a systemic issue, a “have regard” is the best way of dealing with it. I hope that the Minister will think carefully about that and about how it might help us arrest the dynamic that is taking financial services away from people on modest incomes, and making it less and less profitable for the industry to serve them, leaving them much diminished in their attempts to engage appropriately in our society in ways that many people take for granted, such as by having a credit card and bank account, or being able to conduct electronic cash transfers and so forth.

--- Later in debate ---

[Andrew Griffith]

Once again, the Government will not oppose those points for the sake of opposing them. I would like to take this matter away. Powerful arguments have been made and the FCA has made its contention. I think it is entirely appropriate that the Government consider the matter further.

[Emma Hardy]

I will take Members back to the evidence given by the Phoenix Group as to why the FCA should “have regard”. I think there is broad consensus that financial inclusion is important. The difference of opinion is regarding what we do to achieve it. This point relates to that made by my hon. Friend the Member for Mitcham and Morden. Phoenix said that the “have regard” responsibility should lie with the FCA because it is

“the single UK body with the clearest ability and access to information”.

That is the main point. We heard evidence from a Minister from the Department for Work and Pensions and a Minister from the Treasury, because there is a question around where financial inclusion fits into social policy and financial policy; there is a bit of a mush over who is responsible. Sometimes when we find that lots of people are responsible for something, in reality no one is responsible, because everyone can always say that it is the other person who is responsible and not them. That evidence from Phoenix Group was powerful.

The organisation also said:

“With many of the most pressing issues falling in between the remits of government and regulators, this makes addressing financial inclusion problems more difficult.”

We need the FCA to “have regard” for this matter, to act as that single body to gather the information and look at the issue more seriously, otherwise, we will be failing, as we have done for years, to achieve any real outcomes. I will therefore be pushing the amendment to a vote.

Question put, That the amendment be made.