Financial Services and Markets Bill [HL]

Lord Massey of Hampstead Excerpts

Committee stage
Monday 22nd June 2026 Grand Committee

[Baroness Bowles of Berkhamsted (LD)]

My Lords, I shall speak briefly to Amendment 30 in my name, which would introduce a fiduciary-style duty on firms in their dealings with consumers and small businesses.

This group is about affordable credit and consumer protection. The problem that we see time and again is not that firms set out to behave badly but that good intentions drift under pressure to increase revenue, under pressure from internal incentives and, sometimes, under pressure from government to deliver growth. When that drift occurs, the cost is pushed on to consumers and, as I said earlier, passing costs on to the people is not growth in any meaningful, national sense.

Motor finance, the example that keeps on giving, shows this clearly. The FCA did not intend to create misalignment, firms did not intend to breach the law, but because the rules were not anchored in a well-understood legal framework, the system drifted. The FCA’s rules permitted the non-disclosure of commission unless asked. The statute required disclosure. The gap widened over time and nobody noticed until the consequences were enormous.

We see similar patterns in insurance add-ons and premium finance arrangements. These products did not begin as bad faith practices, they began as convenience, but over time, margins accumulated, incentives shifted and the products drifted into a place where the consumer’s interests were no longer the anchor. That is not malice but drift, the same drift that we saw in motor finance, and it happens when rules are not anchored in well-understood legal principles. This is what happens in a rules-based system—that is what we have, however we may pretend—rather than a principles-based system.

Parliament has been here before. As the noble Baroness, Lady Kramer, has already explained, when this House supported my noble friend Lord Sharkey’s proposal of a duty of care, the intention was to create a principle, a relationship-based obligation, that firms must not exploit unequal bargaining power or information asymmetry. What emerged instead was the FCA’s consumer duty. Is it valuable? I suppose so, but fundamentally it is a rules-based construct, shaped in part by industry pressure for something that their compliance departments could tick. Rules can be changed, narrowed or reinterpreted. Principles such as duty of care and fiduciary duty are legally understood, durable and resistant to drift.

My amendment does not attempt to rewrite the consumer duty. It would simply provide a well-understood statutory anchor—a benchmark against which to assess products and detect the kinds that end up exploiting imbalance. The test becomes, “Is it fair?”, and not merely, “Is it the next step on a path that might already have drifted?” In other words, it is about fairness versus incrementalism.

[Lord Massey of Hampstead (Con)]

My Lords, I declare my interests as a shareholder and a director of financial services companies in asset management and wealth management.

I have considerable sympathy with the objectives that the noble Baroness, Lady Kramer, is seeking to advance. Access to affordable credit is a genuine problem in this country, as in many others, and the Committee is right to view financial exclusion as a problem. However, I am unable to support Amendments 28 and 29 on the grounds that the proposed solution will not solve the problem and may in fact exacerbate the issue that the Bill is partly designed to alleviate: excessive and complex regulatory demands on our financial institutions, which are making us less competitive.

My first concern is one of basic commercial economics. Banks and building societies are not lending to certain sections of the community, however deserving they might be, not because of a lack of understanding of the opportunity or a lack of data; they are not serving those clients at scale because the risk-adjusted returns of lending to higher-risk borrowers at affordable interest rates, and indeed the compliance risk of so doing, do not work commercially. A rating framework published by the FCA will not change that calculus, but it creates yet another compliance exercise, another box to be ticked and another issue to be managed without addressing the underlying economic reality that makes such lending unworkable.

My second concern is the risk of unintended consequences. A rule that would rate banks on their willingness to provide credit to financially-excluded populations—in some cases, very high-risk borrowers—could create an implicit incentive to lend more to people and companies who cannot really afford the loan. The amendment contains no credit quality safeguard and no minimum standard of affordability assessment, yet banks could be incentivised to lend just to improve their ratings. The pressure to improve ratings would not be cost free, of course. In practice, banks will not be carrying out this lending for solid financial reasons, so if they feel forced to extend credits into markets with reduced or zero margins, they will seek to restore those margins elsewhere, through higher charges on other products, reduced rates on savings or increased lending spreads in other parts of the business. The cost will not disappear; it will be redistributed invisibly to existing clients, who also deserve protection.

Moreover, I draw noble Lords’ attention to the stated purpose of the Bill, which is to reduce regulatory burden, not add to it. Yet here we are, being invited to add a new mandatory framework, new data collection requirements, new publication obligations and new performance ratings, all enshrined in primary legislation. This is precisely the regulatory ratchet: the cumulative, seemingly endless new measures that damage our competitiveness. The Financial Services Regulation Committee of this House, chaired by my noble friend Lady Noakes, concluded in its report last June that:

“The cumulative burden of regulatory compliance in the UK is perceived to be disproportionately high, diverting resources that could otherwise support … growth”.


As a serving practitioner in the sector, I strongly agree with this finding. Diverting lending from growing businesses to those effectively in financial need is not going to improve our economy. If anything, it will lead to loan losses for the banks and encourage excessive borrowing from those who cannot afford it, while piling even more costs and regulatory obligations on financial firms. We should resist the urge to reach for intervention every time a market imperfection is identified. Not every problem has a regulatory solution. Indeed, those solutions can often have unintended consequences that increase bureaucracy and undermine growth, so I cannot support the amendments.

[The Lord Bishop of Manchester]

My Lords, I support Amendment 28, to which I have added my name. As we have heard, the amendment would require the FCA to establish a framework assessing banks’ and building societies’ provision of affordable credit. I spoke at some length at Second Reading on the importance of equal access to credit. I welcome what is already in the Bill, as I did then, but we can and should do more.

We are witnessing a crisis of deepening economic inequality in this country. For the most vulnerable communities, it is worsened by a lack of choice. Struggling to meet their most basic day-to-day needs, long-term financial planning is not an option for many families today. Daily life is a battle to put food on the table and to keep the house warm in winter, though perhaps not today. It is often the most impoverished who are forced to accept riskier loans, to turn to loan sharks—many of those operate in my diocese of Manchester—or to enter credit agreements that they are unable to pay back. In doing so, they find that they are paying a poverty premium, which then exacerbates and ratchets the problem round and round, deepening the financial injustice.

As I said earlier, I am trying to be more overtly religious in my speeches on the Bill today, so I assure the Committee that this is not merely a modern phenomenon. I could point to specific places in the Hebrew and Christian scriptures where specific rules are set out to ban the most egregious practices around unfair credit arrangements—things like extortionate interest charges, or the taking of essential items like protective clothing or workers’ tools as a pledge for credit.

Yet the alternative to unfair credit cannot be no credit but instead must be fair and affordable credit. Across the country, in churches, food banks and charitable organisations, the impact of financial exclusion on human dignity—another important Biblical concept—and well-being is being made apparent. We also see how certain communities are at a particular disadvantage: this includes if you are a migrant without a long-standing credit history, or an adult with little financial literacy, unable to navigate complex financial systems on your own, or a family experiencing living pay cheque to pay cheque—and about 10 years ago we passed the point at which most families in poverty began to be working families, rather than families in which no person is in work. The services that community institutions provide to such communities are essential but are not enough. In order to truly flourish, individuals and households facing financial insecurity need access to credit which gives them choice and independence and creates opportunities for them to become full participants in economic life.

One thing I learned when I worked on responsible investment for the Church of England’s national investment bodies was the phrase “social licence to operate”. That is an important part of this conversation today, though I have not heard it mentioned yet. The banks—not only those which were bailed out so expensively to the taxpayer less than 20 years ago—are required to operate not simply as best turns a profit, but as fits the needs for the society in which they are working. That requires a willingness to provide social goods, not merely the most profitable products to the most eligible customers.

What is set out in Amendment 28 will not only enable us to measure where affordable credit is and is not reaching people but will lay the foundation to make targeted improvements. I am told that the banks already have much of that data and that it is simply a question of making it more available by providing and publishing it. With a clearer understanding of the barriers that minoritised communities face, we can work beyond this Bill toward financial policy which tackles financial exclusion at its very root, creates new opportunities for families in debt, and promotes economic growth on a wider scale.