FSA Investigation into LIBOR

Lord Elystan-Morgan Excerpts

Monday 2nd July 2012 Lords Chamber

[Lord Higgins]

My Lords—

[Lord Elystan-Morgan]

My Lords—

[Lord De Mauley]

My Lords, there is plenty of time. Perhaps we can hear from the Cross Benches and then from my noble friend.

[Lord Elystan-Morgan]

My Lords, if I may, I will make a point in support of the very pertinent submission made by the noble Baroness, Lady Kramer. This is not a question of who should prosecute or who can prosecute. A simple, straightforward criminal offence was created in Section 397 of the Financial Services and Markets Act 2000; I checked it. That provision deals with a false statement or declaration that is made deliberately or misleadingly and that distorts a market. It is an offence that is punishable on indictment with a maximum of two years’ imprisonment. There would seem to be ample prima facie evidence that such an offence has been committed. In the circumstances, bearing in mind the damage done and the ruthlessness with which such practices were conducted, is there any reason why persons responsible should not stand trial?

[Lord Sassoon]

My Lords, I am sure that the FSA will listen to the analysis given by the noble Lord, Lord Elystan-Morgan; and if it has not already got to the bottom of it, it will take his points on board. The authority is acutely aware that it needs to press on, but the noble Lord, Lord Turner of Ecchinswell, has made it clear that it is very difficult, which is why the FSA seems to be taking the lead on this.