Parliamentary Commission on Banking Standards

Lord Bishop of St Albans Excerpts

Thursday 8th September 2016 Grand Committee

Asked by

[The Lord Bishop of St Albans]

To ask Her Majesty’s Government what is their assessment of progress towards implementing the recommendations contained within the report of the Parliamentary Commission on Banking Standards, Changing banking for good.

[The Lord Bishop of St Albans]

My Lords, I start this debate by saying how pleased I am to see the Minister responding today in his last time in his present role, although I look forward to working with him when he takes up his new duties at DCMS.

We are now three years on from the publication of the parliamentary commission’s report Changing Banking for Good. Thanks to the decisions made by this and previous Governments, our banking system is taking tentative but important steps along the road to recovery. We must not forget, however, the blunt summary in the report which laid out the scale of the problems with banks over the previous decade:

“Banks in the UK have failed in many respects. They have failed taxpayers, who had to bail out a number of banks including some major institutions, with a cash outlay peaking at £133 billion, equivalent to more than £2,000 for every person in the UK. They have failed many retail customers, with widespread product mis-selling. They have failed their own shareholders, by delivering poor long-term returns and destroying shareholder value. They have failed in their basic function to finance economic growth, with businesses unable to obtain the loans that they need at an acceptable price”.

Some people, not least some bankers, claim that this is now all in the past and that today everything is different. However, even a cursory glance at our newspapers reveals the catalogue of problems that continue to dog some parts of the industry.

I will focus my comments on those recommendations of the commission which sought to shape the corporate culture of our banking institutions. The banking crisis of 2008 was, after all, not primarily a regulatory failure but a moral failure. It was a failure of a corporate culture that came to reward irresponsible and reckless behaviour, eschewed accountability among senior managers and failed to value the interests of its customers, and which refused to acknowledge its duties and responsibilities to wider society.

By the time the commission’s final report was published in 2013, it was clear that the banking industry had become detached from the moral moorings that had helped to shape its activity over past centuries. Gone were the principles of collective endeavour and mutual success, to be replaced by a misalignment of risk and reward which had stripped many parts of the industry of any substantive values besides the pursuit of short-term capital return.

While a tightening of the rules could help bring broken banks into line, the parliamentary commission quite rightly noted that the task of reform would remain incomplete while banks and regulators continued to see those regulations as little more than boxes to be ticked. What was and is still needed is a renewal and a re-embedding of the values by which banking is governed. Only when banks themselves come to take seriously their long-term responsibilities towards customers, employees and the common good will they find themselves in a position in which they can regain trust.

The commission therefore made a number of recommendations aimed at encouraging this renewal of culture and values. Increasing accountability at the top of banks through the new senior managers and certification regimes should help to concentrate the minds of senior management on the importance of embedding good corporate values throughout the bank. The new set of conduct rules and the requirement that banks train staff in their implementation will set a basic standard of values against which all staff can be held to account. Finally, the new rules on remuneration, with a proportion of any bonuses deferred and new facilities for clawback and malus, should strengthen the alignment of individual rewards with long-term risk.

The Government’s willingness to implement these recommendations is welcome, even if there has been some hesitancy to implement them in full—for example, the extent to which remuneration should be deferred. However, the effectiveness of these reforms has yet to be tested, and that will be an important part of the process. Can the Minister inform us what will be done to monitor the implementation of these new rules and regulations? Will Her Majesty’s Government report, for example, on the number of senior managers being held to account by the regulator? Will they keep a public record of the number of staff being disciplined for failing to abide by the conduct rules or on the number of cases of banks exercising their right to claw back remuneration? It is no good banks and regulators being given these new powers if they never actually use them.

These regulatory changes are crucial steps in helping to reshape at senior levels the culture of British banks, but cultural change must go deeper than the top layer. It needs to become embedded within middle management: those individuals who actually drive sales and investments. There is of course a serious question as to how far regulatory changes can successfully embed cultural values into the heart of any organisation —as large, for example, as Barclays or HSBC. Cultural change has to come, at least in part, from within the industry itself.

In this regard the creation of the Banking Standards Board, as recommended by the commission, is an important step towards a sustainable and responsible banking system. The BSB is in a unique position to encourage and facilitate banks to move in a more sustainable direction. It can employ the soft power of public opinion and help to share examples of best practice. It also holds the key to the professionalisation of an industry that has often lacked proper accreditation standards.

I urge the board to act boldly in holding its members to account, but Her Majesty’s Government also have a vital role to play. Crucial to the BSB’s success is a competitive market, but I fear that the recent recommendations from the Competition and Markets Authority do not go far enough in driving transparency and competition, or in levelling the playing field for challenger banks.

Beside the BSB, responsibility for cultural change in banking also requires senior management to ensure that it is rewarding, promoting and embodying those values that are commensurate with the long-term health not just of its organisation but of its customers and the wider economy—the common good. Since the crash, a number of CEOs and senior managers have made cultural transformation a top priority of their tenure. However, it is worth noting that many of them have faced huge problems in maintaining and increasing short-term shareholder returns.

Herein lies a core problem for banking that is noted by the commission but remains unaddressed. While it is clear that long-term thinking over investments, debts and customer care is integral to the sustainability of any bank, there is an inevitable pressure to focus on short-term returns when the average share is held for just six months. Keeping shareholders happy remains the central priority of senior management. As long as that continues, regulations protecting the wider economy will continue to be seen as a hurdle to be cleared and short-term gains will continue to be pursued at the expense of long-term stability.

The parliamentary commission made a number of recommendations on this, including consulting on changes to the Companies Act to remove shareholder primacy in the case of banks that posed a wider economic risk, replacing that with a primary duty to financial safety and soundness. As far as I am aware, this is not something that Her Majesty’s Government have acted upon. Can the Minister comment as to whether this sort of approach might be considered by our new Prime Minister? Can he also inform the Committee what impact the UK’s impending withdrawal from the EU might have on current and future banking reforms?