Banking Misconduct and the FCA

John Glen Excerpts

Thursday 10th May 2018 Commons Chamber

[The Economic Secretary to the Treasury (John Glen)]

First, I congratulate the hon. Member for East Lothian (Martin Whitfield) on securing this debate and thank the Backbench Business Committee for granting it. I have listened carefully to more than 20 speeches and 30 contributions, and I would like to acknowledge the request from the hon. Member for Vale of Clwyd (Chris Ruane) and my hon. Friend the Member for Brentwood and Ongar (Alex Burghart) to address specific cases; I am happy to engage with them on that.

Considering the developments in the case of RBS Global Restructuring Group since our debate on 18 January, it is absolutely right that we revisit this important subject. As Members across the House have said, small and medium-sized businesses are the backbone of our economy—I grew up in one—and they depend on financial services providers for vital finance through lending, but those transactions must be in the strictest accordance with the law. Let me be clear: wherever that has not been the case, any business affected should be compensated.

I have listened carefully to a whole range of stories from Members this afternoon about people who have clearly been badly let down. I had the privilege of meeting hoteliers in the constituency of my hon. Friend the Member for Torbay (Kevin Foster) who were treated in an appalling fashion and given products that were clearly not suited to their needs. That has been replicated in very many cases. I have been moved by the numerous letters I have received from Members on behalf of their constituents, many of whom face significant difficulties as a consequence of their treatment by RBS GRG.

I want to reassure the House that the Government and the Financial Conduct Authority take this issue very seriously. I understand the frustration about the timing of resolution, and I want to address specifically what I have done as the Minister since January. In March I met Andrew Bailey, chief executive of the FCA, and stressed to him just how important I consider the proper and full resolution of the RBS GRG issue to be, which he agrees with. The skilled person report produced for the FCA stated that there were areas of widespread inappropriate treatment of firms by RBS. That is unacceptable.

I went on to meet the chief executive of RBS recently, to discuss the range of issues that were raised then and have been raised again today. Following that meeting, I was pleased to receive a letter from the chief executive addressing a number of the points that colleagues have raised today. RBS has committed to setting up an independent appeal process for consequential loss claims, addressing a gap that existed in the redress scheme, and it is discussing with Sir William Blackburne how that process will operate. RBS has also agreed to stand aside —rightly, in my opinion—from any money that might be returned to it from redress paid to liquidated companies and will donate that money to charities supporting small businesses. I welcome those important steps in improving the operation and transparency of the redress scheme for businesses affected by RBS GRG.

As Members will be aware, the Treasury Committee has published the FCA’s full report on RBS GRG. The FCA is now conducting the second stage of its investigation, which is a more focused investigation into the matters arising from the report. It has moved on quickly, so that we can examine the issues more quickly than if we had gone through an alternative process. I have confidence in the FCA’s approach and direction on this case. I am meeting Andrew Bailey regularly, and I hope that the FCA will conclude its investigation soon, by which I mean in the next eight to 12 weeks. As I mentioned in our debate on this topic in January, I do not wish to complicate the matter further or prejudice any outcomes while the FCA is investigating, but I am very clear that I expect it to conclude its investigations in a very short timeframe.

The FCA’s independence is vital to its role; it was vital before 2010, and it is vital now. Its credibility, authority and value to consumers would be undermined if it were possible for the Government to intervene directly in its decision making.

I would like to turn now to the broader issue of alternative dispute resolution methods between SMEs and banks and to some of the issues around professional services that were raised in the debate.

[Kirsty Blackman]

Will the Minister commit to, if possible, putting the RBS letter in the Library, so that we can all see it? Will he also ensure that when the FCA does conclude the final part of the report, we can all see the full version as soon as possible?

[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.

[Clive Efford]

My constituents became involved in this not because they had an SME, but because they were trying to get a mortgage and were forced into this process. The mistake was made with the first loan that was given to them, but the ombudsman will not recognise that and look into it. What we need is more pressure on the ombudsman to listen to the consumer and not the banks.

[John Glen]

I listened very carefully to the case the hon. Gentleman outlined, and I recognise the challenges that the FOS has to face up to. That is why I welcome the FCA’s investigations and the FOS’s own investigation following the “Dispatches” programme.

It is important that the landscape for dispute resolution for SMEs does not discourage or inhibit the ability of banks and small businesses to resolve disputes between themselves in a satisfactory way, where possible. I therefore welcome the reviews being undertaken in this area by the APPG on fair business banking and finance—ably led by my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) and the hon. Member for East Lothian—and by UK Finance, as well as the Treasury Committee’s ongoing interest in this area. When the findings of these reviews are published, we will consider them carefully, along with the outcome of the FCA’s current consultation.

In the interests of time, I will briefly conclude by summarising the Government’s position. It is right that we wait for the conclusion on GRG of the FCA’s investigation of the matters arising from its skilled persons report before determining what further actions need to be taken, and I reserve judgment on what they could be.

On dispute resolution more widely, we must acknowledge the existing avenues, including the work that is going on in terms of reviewing and enhancing the Financial Ombudsman Service’s provision. The FCA is progressing its work looking at the relationship between SMEs and financial services providers, and the APPG and UK Finance are undertaking their reviews as well. In the light of all the work going on, and the imminent conclusion of it, it is important that I consider that before we take alternative routes.

Once again, I thank all Members on both sides of the House who have raised very important issues on behalf of their constituents. I remain engaged to find a solution—a solution that works for all of them.