Clydesdale Bank and SMEs

Debate between Joanna Cherry and John Glen

Tuesday 19th March 2019 Commons Chamber

[John Glen]

I recognise that we need in the Financial Conduct Authority and the PRA regulators that are able to take appropriate action in a timely way to deal with disputes where they have responsibility. I have regular conversations with the FCA and encourage it to look at different matters. I will obviously be concerned about how the expanded ombudsman service and the redress mechanism work, and nothing is ruled out in the future.

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

I congratulate my hon. Friend the Member for Lanark and Hamilton East (Angela Crawley) on securing this important urgent question. Like many Members, I have constituents whose businesses were successful and would not have gone under had the banks not mistreated them. Does the Minister agree that the FCA should issue strict guidance that the banks should not destroy any documentation relative to ongoing disputes before the historical compensation scheme is established, and if they do so, they should be sanctioned?

[John Glen]

The hon. and learned Lady makes a reasonable point. It would be perverse to shred relevant materials in the context of a provision that they have entered into freely, showing a lot of good will, to try to find resolution and get to a better point of trust between the public and themselves.

Banking Misconduct and the FCA

Debate between Joanna Cherry and John Glen

Thursday 10th May 2018 Commons Chamber

[John Glen]

I am grateful for that intervention. I am happy to clarify that the letter has been copied to the chair of the APPG and the Chair of the Select Committee, and I will make it more widely available.

There are already a number of avenues for SMEs seeking a resolution when dealing with their bank. Our smallest businesses have the Financial Ombudsman Service. I am of course aware of the “Dispatches” programme, and I have met the chief executive. The FOS is reviewing its operations and addressing the matters raised.

Where there are widespread issues, the FCA can ensure, and has ensured, redress through industry-wide or firm-specific redress schemes. Of course, there is also the usual legal process open to business, although I know this can be a time-consuming and costly process.

Since the last debate, the FCA has published a consultation paper on expanding the remit of the Financial Ombudsman Service, which would widen eligibility to include a greater range of SMEs.

[Joanna Cherry]

On the point about legal redress, does the Minister not appreciate that a lot of our constituents have lost everything. If they are in Scotland, they might be lucky enough to still be eligible for legal aid, but many legal aid lawyers are not equipped to take on this sort of complex action, so this is a real David and Goliath situation. That is why we need the tribunal.

[John Glen]

I acknowledge the outstanding concerns of many people across the United Kingdom, and that is why I welcome the FCA’s consultation. It is my belief that widening SME access to the FOS is the right thing to do.