Interest Rate Swap Products

Tessa Munt Excerpts

Thursday 21st June 2012 Commons Chamber

[Guto Bebb]

I agree wholeheartedly with the hon. Gentleman.

[Tessa Munt (Wells) (LD)]

That is a good point. I have a constituent, whom I will not name, who is a farmer and was offered such an arrangement completely inappropriately. He said specifically that he did not want it. None the less, his bank, Barclays, wrote to him on 6 June 2008 with a contract, which he read in detail, but on 10 June sent him the final contract, into which it had slipped two clauses that turned it into this sort of agreement. He accepts that he probably should have read the second document, but it did not indicate at all that it had changed the arrangement. That was very poor.

[Guto Bebb]

That is another example that should be taken on board in this debate.

Another example of general mis-selling already touched upon is where a swap is for a period longer than the loan. I have also seen examples of where the swap was for a sum in excess of the loan. Another crucial example is where the break cost for terminating the swap was described in one e-mail from a bank as being £9,000 but, three years later, when the customer approached the bank to break the swap, a figure of £135,000 was quoted to settle. I fail to understand how it could go from less than £10,000 to £135,000 in three years. That is another example of mis-selling. Another one worth mentioning is where the bank classified the client as a professional client and experienced derivative trader. I can assure the House that the business in question was blissfully unaware of the nature of the product it was buying, yet, for paperwork purposes, the bank had described it as a professional client rather than a retail client.

It is generally agreed that there is an issue here. The FSA accepts it is an issue. Bully-Banks, an organisation representing 350 victims, has done some work highlighting that 96% of businesses in its organisation were approached about such products by relationship managers. Businesses did not go looking for these products; they were approached with a solution to a problem that often they did not have. Some 87% of businesses surveyed by Bully-Banks were unaware that the adviser was not an adviser but a salesperson, and there was a general lack of understanding. In 95% of cases, businesses stated categorically that they entered into these agreements on the basis of advice and guidance given by their bank relationship managers.

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[Emma Reynolds]

I thank my right hon. Friend for making those points, and I hope that the Minister will be able to respond to them in due course, if not today.

There seems to be an extremely worrying level of coercion involved in the banks’ selling these products to small businesses without making sufficient information available. I have no doubt that what happened to the company in my own constituency has been replicated across the country. That is regrettable at a time of such difficult economic uncertainty when small businesses are the backbone of the British economy. We need to make sure that they are supported, not systematically exploited.

[Tessa Munt]

I have a quick point. One of my constituents took his local bank manager to Bristol to talk to Barclays about what had happened, yet that local bank manager did not understand it. If bank staff do not understand what is going on, how is a farmer who has so many things to consider every day meant to understand it?

[Emma Reynolds]

The trust between the bank and SMEs certainly seems to have been exploited, as the hon. Member for Aberconwy demonstrated, although one would have hoped that the banks would support small, viable businesses rather than exploit them.

Static Caravans (VAT)

Tessa Munt Excerpts

Thursday 26th April 2012 Commons Chamber

[Mr Stuart]

There is great fragility in isolated, sparsely populated rural areas. How many other jobs are there in such areas? Indeed, what other jobs could there be? The truth is that often there are none.

[Tessa Munt (Wells) (LD)]

The caravans that are made in the hon. Gentleman’s constituency end up in the 79 caravan parks in my part of the south-west, which contains the second largest conglomeration of holidays of that kind. More than 6,000 people in my constituency own their caravans, but 900 of the caravans are part of a letting arrangement. Does my hon. Friend agree that this measure would have a catastrophic effect on the 26,000 people who have jobs in tourism—carpenters, plumbers, electricians, gardeners and cleaners? Many of them are part-time and seasonal workers.

Holidays of this kind are provided for people with low incomes. Should we not reward them for their loyalty in holidaying in the United Kingdom? Moreover, many of them eventually move into bricks and mortar in my constituency because they have enjoyed their holidays there so much.

[Mr Stuart]

My hon. Friend is right.

Fuel Prices

Tessa Munt Excerpts

Tuesday 15th November 2011 Commons Chamber

[Robert Halfon]

My hon. Friend makes the point better than I have; I completely agree with him.

In the run-up to this debate, lots of people came to me and said, “We all want lower fuel duty, but how can we pay for it?” In fact, this is back to front. Evidence suggests that we are on the wrong side of the Laffer curve and that lower taxes might increase revenues. The Government’s own figures show that between January and June this year 1.7 billion fewer litres of petrol and diesel were sold compared with the first half of 2008. The AA has done its analysis and says that this equates to £1 billion in lost revenue for the Treasury. As the Chancellor said earlier this year, we must put fuel into the tank of the British economy, and cutting fuel tax is the way to do it. The economic impact of this is disastrous. The ex-Tesco boss, Sir Terry Leahy, told The Sun:

“I don’t think people fully appreciated what an oil shock we’ve had. Filling up the family car has gone up 70% in two years, causing what was a steady recovery to go sideways.”

As some of my hon. Friends have said, UK haulage companies are being driven out of business as they face higher taxes here than in nearby countries such as Ireland, with which we share a land border. To their credit, the Government have taken some action, and foreign lorry drivers are now charged up to £9 a day to use our roads. But still the insolvency firm SFP has said that three quarters of transport business failures in the last year have been caused by excessive fuel prices.

Fuel prices are adding to our dole queues. In 2006, when petrol was just 95p per litre, experts at the London School of Economics published research showing that unemployed workers who could not afford to drive or to commute to jobs stayed unemployed for longer. Since then, fuel prices have surged by 40%, despite the recession, and many workers have suffered from redundancy or wage freezes. The Government are working on a rural fuel duty rebate for remote outer islands such as the Outer Hebrides and elsewhere. This is welcome, but it will help only a tiny number of motorists.

[Tessa Munt (Wells) (LD)]

I should like to add my comments to those of my hon. Friend the Member for Westmorland and Lonsdale (Tim Farron). I want particularly to draw attention to the fact that young people in my constituency, which is very rural, are limited in their choice of education because there are no bus services to speak of, and they are sorely tested in trying to get to their schools and colleges if they choose to use a school outside their area. This was highlighted even more by the fact that they brought transport—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. This is far too long an intervention. We want to get through a lot of Members who wish to speak. Some people are trying to intervene who wanted to catch my eye early on, and I will put them further down the list if that carries on. I want to get as many people in as possible.

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[Mr Nigel Dodds (Belfast North) (DUP)]

I am grateful to be taking part in the debate and I congratulate the hon. Member for Harlow (Robert Halfon) and his colleagues on having secured it. I also congratulate the many individuals who signed the e-petition and those others who managed to persuade the Backbench Business Committee to have this debate today.

This issue is one of our constituents’ major concerns; indeed, surveys have put it right at the top of that particular poll. The fact that households in the United Kingdom pay on average £677 a year purely on fuel duty illustrates the extent to which this issue affects ordinary working people and those in the poorer sectors of society. The poorest 20% are generally paying twice as much of their income on fuel duty as the richest 20%, which cannot be right. It is clear that the impact is not just on poorer people but on those in rural areas, as has so eloquently been pointed out already, and there is also a disproportionate impact on younger people. We had a debate in the House not long ago about car insurance and it is clear that younger people face a big premium for car insurance. As a result, they are finding it very difficult to stay mobile, to get jobs and to stay in employment.

[Tessa Munt]

Just two Fridays ago in the Youth Parliament debate, transport was identified as a main issue of concern for the Youth Council's campaigns over the next year. I hope that the Minister will take that into account when she responds to the debate.

[Mr Dodds]

Yes; transport is a big issue for young people, because in order to get jobs, stay in employment, get around and socialise they need to be mobile. In rural areas and poorer areas it is difficult for people to sustain that at the current price of diesel and petrol.

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[Andrew Selous]

My hon. Friend is absolutely right: that adds insult to injury.

The huge disparity in petrol prices experienced by so many of our constituents is extremely difficult. In addition, the disparity between the price of diesel and unleaded petrol concerns me greatly. Diesel used to be more expensive. We then had parity, and now diesel has shot up again. It is apparent that we have an inadequate supply of UK refining capacity for diesel in this country. We have to import much of our diesel from Russia, which causes particular problems given that around half of all car sales are of diesel vehicles.

[Tessa Munt]

There is also the increase in prices for liquefied petroleum gas, which has gone up astronomically in the past few years.

[Andrew Selous]

My hon. Friend makes a good point, and I am glad that she has been able to get it on the record.

Of course, the Government are in a very difficult fiscal position because of the economic mismanagement we inherited. Every day we are still spending around £330 million more than our income, and these things are not easy for Treasury Ministers. In spite of that we have managed to reduce the cost of fuel by around 6p per gallon, which my hon. Friend the Member for Harlow said would equate to around £274 less spent on fuel per motorist in this Parliament. That is very welcome. Government Members are instinctive tax cutters, which is why we have set out plans to reduce corporation tax to the lowest rate in the G7 by the end of this Parliament. That is where our instincts lie, and my hon. Friend the Minister knows that.

In contrast to some of the other speakers today, I want to consider the future in relation to fuel prices and talk about how some of the new technologies will be able to help save our constituents money. On 10 May I held a debate in Westminster Hall, in response to which the Under-Secretary of State for Transport, the hon. Member for Lewes (Norman Baker), told hon. Members that people who buy a Nissan Leaf would have an average reduction in their motoring costs of around £1,000 per year, and that there would be a payback on the total costs within seven years. He also sent me further information to show that the seven-year fuel costs of a Ford Focus are £6,827. For a Toyota Prius that figure is £4,034, and for a Nissan Leaf coming on sale next year, it is just £517. Some 48 other makes of electric vehicle will be available soon—for example, the Vauxhall Ampera and others. I am delighted that in my constituency, charging points for electric cars will be installed at Ashton square by the Grove theatre car park in Dunstable, and at the West street and Hockliffe street car parks in Leighton Buzzard.

We have rightly heard much about the problems faced by small businesses. We need to consider the use of biomethane for trucks and hydrogen fuel cell technology for buses and heavy vehicles. At Nagoya airport in Japan all the buses are powered by hydrogen fuel cells. We need to ensure that we develop a hydrogen refuelling network, as we are doing for electric vehicles. Our constituents will then be able to enjoy cheaper fuel.

We also need to look at what is happening internationally. In Israel and Denmark the Better Place company is engaged across the whole economy. On 1 November Mr van Erck of that company told a meeting of the Westminster Energy, Environment and Transport Forum, at which some hon. Members were also present, that within three years the best-selling vehicle would be electric. Not only can we have cheaper motoring for our constituents, but the UK is also on track for a sizeable share of what HSBC estimates to be a $677 billion market by 2020. That was mentioned by Michael Hurwitz, a director of the Government’s Office for Low Emission Vehicles on 1 November. Such a plan would stimulate the economy and create British jobs for British workers, as well as lower prices for our constituents.

The UK is in a race to design, manufacture and power cheaper low-carbon vehicles. We have a once in a lifetime opportunity to lead in this industry as we lead in Formula 1, with eight of the Formula 1 teams based in “motorsport valley" in the United Kingdom. Such a challenge will be good for our constituents’ pockets and good for the economy. I recommend to the Government that we power forward in this area, for the whole of the United Kingdom.

Oral Answers to Questions

Tessa Munt Excerpts

Tuesday 10th May 2011 Commons Chamber

[Mr Osborne]

I thank my hon. Friend for advance notice of his important question. Both the Governor of the Bank of England and the Government take the accountability of the Bank very seriously. Clearly the Bank will receive considerable new powers for its prudential regulation of our financial system and in its macro-prudential tools. We are looking at specific ideas for enhancing the Bank’s accountability, including to this House, but it would be appropriate first for me to appear before my hon. Friend’s Committee—I know that he has contacted my office seeking a date—and to await the Treasury Committee’s findings, so that we can listen to what it has to say before coming up with our confirmed proposals.

[Tessa Munt (Wells) (LD)]

2. What recent assessment he has made of trends in levels of bank lending to small businesses.

[The Financial Secretary to the Treasury (Mr Mark Hoban)]

Repayment of debt by small businesses is running ahead of lending to the same sector. As a consequence, net lending fell in the first quarter of this year. However, the availability of credit to business in the same period increased.

[Tessa Munt]

I would like to draw attention to the situation affecting my constituent George Archer, a business man who has had a £5,000 overdraft that was unused for three years, with the exception of four days when he requested a £20,000 extension. The bank—which is one of the big four—offered him £25,000 on rates that he initially refused, before beating it down to acceptable rates. On paper, that bank has increased its lending to a small or medium-sized business by £20,000, but I wonder what the Minister can do to halt this duplicity and ensure that loans are real, active, needed and utilised.

[Mr Hoban]

I cannot comment on the particular circumstances that my hon. Friend has raised, although I am happy to look at them more carefully. I am sure that she would welcome, as does the whole House, the commitment of banks to increase their capacity to lend to businesses of all sizes.

Fuel Prices and the Cost of Living

Tessa Munt Excerpts

Wednesday 16th March 2011 Commons Chamber

[Gregg McClymont (Cumbernauld, Kilsyth and Kirkintilloch East) (Lab)]

Time is running away from me, so I will keep my contribution short. The Opposition have called the debate today because we have certain questions about the Government’s attitude to fuel, to living standards and to the economy more widely.

First, do the Government understand the squeeze on working families? Secondly, do the Government understand the need for a political economy that puts growth and jobs at the heart of everything government do? Thirdly, are they a Government who put the interests of the many above those of the few? [Hon. Members: “Yes.”] Well, I have to say—

[Tessa Munt (Wells) (LD)]

Will the hon. Gentleman give way?

[Gregg McClymont]

No, I will not give way, I am afraid. I have only three minutes. I am sure the hon. Lady will understand.

Government Members say “Yes”, but nothing I have heard so far in this debate leads me to believe that they have an affirmative answer to those questions. Reversing the VAT rise on fuel would be a statement—a declaration—of faith in working families in this country.

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[Kerry McCarthy]

I will turn in a moment to the pledge about the stabiliser. The hon. Member for Worcester (Mr Walker) called for it to be implemented very soon, as did the hon. Member for Devizes (Claire Perry), who is no longer in her place.

[Tessa Munt]

Does the hon. Lady agree that the Minister will be very generous in seeing representatives of the FairFuelUK campaign, who have 140,000 signatures on their petition as of today? That is organised by Peter Carroll. The chief executives of the Road Haulage Association and the Freight Transport Association and the operations director of the RAC, together with Quentin Willson, the motor journalist, and I, coming from a hard-hit rural constituency, will discuss this tomorrow. We are suffering the double whammy of domestic oil and fuel oil—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. This is supposed to be an intervention, not an opportunity to make another speech or to put out an advert.

Crown Currency Exchange

Tessa Munt Excerpts

Tuesday 7th December 2010 Commons Chamber

[Tessa Munt (Wells) (LD)]

Thank you, Mr. Speaker. I particularly thank the Minister for attending this evening to reply to this debate on the failure of Crown Currency Exchange. This is a matter that particularly concerns my constituents, Nick and Larissa Fry from Axbridge, and I also speak on behalf of a retired bank manager from Holcombe in the neighbouring constituency of the Deputy Leader of the House, my hon. Friend the Member for Somerton and Frome (Mr Heath).

The problem as far as I understand it is that companies such as Crown Currency Exchange are registered with the Financial Services Authority, but the legislation governing its activities looks at the size of the company, not at what it is doing. Crown Currency Exchange appears to have been behaving a bit like a high street bank or foreign currency exchange, and was registered as a small payments institution. As I understand it, it was meant to operate under an average of €3 million a month, but it appears from the administrator’s report that for the last 10 months the trading average was at about €10 million a month.

The legislation appears to exclude 547 small payments institutions in particular, from all of the many thousands of companies that are registered with the FSA. I want particularly to draw the House’s attention to the FSA website, which states that the FSA’s general duties

“in so far as reasonably possible”

are that it should provide

“market confidence, public awareness, protection of consumers and a reduction of financial crime.”

It appears that in this particular case it has failed on all four counts. The FSA also says that it is

“the regulator of all providers of financial services in the UK”,

and for that reason alone it is within certainly a retired bank manager’s understanding, my original understanding and the understanding of most people that these companies are in some way controlled by the FSA.

Crown Currency Exchange displayed on its website, besides the FSA logo, that of Her Majesty’s Revenue and Customs, which was clearly for money-laundering purposes. People are therefore entitled to feel that there should have been some sort of cover for the activities that that company undertook.

[Mr Michael McCann (East Kilbride, Strathaven and Lesmahagow) (Lab)]

A number of my constituents who have been involved with CCE have also contacted me. Is it not equally despicable that the company sought to suggest that the lucrative exchange rates for the US dollar that it was actively advertising were the result of orders that had been cancelled, which allowed it to offer these fabulous terms, when in actual fact it had no currency, and it simply wanted to bring cash flow in to continue trading? Is that not a major concern that should have been picked up by the FSA?

[Tessa Munt]

That is quite correct. It certainly seems that on several occasions a number of people brought these problems to the attention of the FSA. One of whom was Robin Haynes, the managing director of Currency Index Ltd. He raised concerns about Crown Currency Exchange with the FSA in March 2009 and September 2010. He raised his concerns with HMRC in September 2010 and with Barclays, Crown Currency Exchange’s bankers, in May 2009. None of those appears to have been acted on.

There is also the case of a whistleblower who reported his concerns to the companies investigations branch of the Insolvency Service on 20 August 2009, but again nothing appeared to happen. It seems that none of those bodies is able to investigate a company until it has done something completely awful to its customers.

[Mr Russell Brown (Dumfries and Galloway) (Lab)]

I congratulate the hon. Lady on securing the debate, because it has been stipulated that Barclays bank raised concerns about the company prior to its collapse but kept quiet. Does she, like me, believe that that should be further investigated?

[Tessa Munt]

I hope so, because so many people were taken in by the idea that they had some security, and Barclays probably should have done something. I understand that there was a meeting between one or two company directors and their bankers, Barclays, on 21 July, and that there were concerns at the time about the company’s solvency, yet for some months afterwards people still tried to put their money into the company, without any results.

[John Howell (Henley) (Con)]

Does my hon. Friend agree with a constituent of mine, who wrote to me to say:

“I think everyone would agree that if one is registered with the FSA it implies that that actually means something—it didn’t”?

[Tessa Munt]

Absolutely. Alarmingly, the FSA website states:

“We keep an up-to-date record of all FSA-regulated firms, bodies and individuals doing business in the UK. Our register is available to the public, so you can search for more information on all of our authorised firms.”

The problem is that the FSA seems to use “registered”, “regulated” and “authorised” almost conversationally, but in legal terms those definitions should not be bandied around on its website in such a way.

[Jim Shannon (Strangford) (DUP)]

Throughout the whole United Kingdom, not just on the UK mainland, but in Northern Ireland, those who can least afford it have invested money in that system. I understand that a police investigation started today. Does the hon. Lady agree that, on the back of that investigation, a Government investigation should follow?

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[Tessa Munt]

I hope so. There have been some arrests today, and I think that Devon and Cornwall police’s serious crime squad is taking part. I hope that that prefaces some action by the FSA.

[Andrew George (St Ives) (LD)]

Arrests have been made, including of one of my constituents. Indeed, the company’s offices were based in Hayle in my former constituency. The case has given rise to enormous concern, and although it is not on the same scale as sub-prime casino banking it has left many people in serious circumstances. I hope that my hon. Friend will advance her case, because this situation clearly needs to be regulated in future.

[Tessa Munt]

One might just need to get rid of “registered”, because it seems to have absolutely no meaning and to afford no protection—nothing.

[Cathy Jamieson (Kilmarnock and Loudoun) (Lab/Co-op)]

I, too, congratulate the hon. Lady on securing the debate. The presence of so many Members shows the scale of the problem. My constituents believed that “registered” actually meant something in law. Does she agree that that has to be addressed urgently to ensure that no one else loses out?

[Tessa Munt]

I could not agree more. One problem I have discovered is that, although in the registration process the FSA takes receipt of £500, it is an overseer and not in any way, shape or form a regulator. The directors and responsible officers of a company have to declare under registration unspent criminal convictions for financial crimes, terrorist funding, money laundering and fraud, but there are two difficulties with that. First, the punishment for not doing so appears to be no more than three months in jail, and, if one is rocking along with £100 million, that is probably worth it. The other thing is that it appears that the FSA has absolutely no means of checking the information because it has no access to the Criminal Records Bureau. Registration is clearly not effective; we need to look at regulation for all these companies.

[Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)]

I am grateful to the hon. Lady; she has taken a number of interventions, although she has limited time to make her case. I congratulate her on securing the debate. Does she share my concern? I have raised constituents’ cases with the FSA, but I have not had any replies at all.

[Tessa Munt]

I have one quote from the FSA complaints department. It says:

“We are unable to look at your case under our complaints scheme as your complaint falls outside the scope of the scheme…However, we will deal with the complaint…It appears that registered companies are not part of the complaints scheme.”

It seems a little confused. To be honest, if the FSA does not know what falls within and without the complaints scheme, it will be difficult for any member of the public who has been brought into the situation with a false sense of security.

[Mr Robin Walker (Worcester) (Con)]

I congratulate the hon. Lady on securing this important debate. On behalf of my constituent Chris Neath, who lost more than £3,000 in this scandal, I would like to ask this question. Does she agree that we must remove the confusion among the public between registration and regulation? We should make it clear in this debate that the FSA must take a much stronger line on companies of this size and this sort.

[Tessa Munt]

Absolutely. I hope that that will be part of the outcome. I ask the Minister in particular whether he would agree to meet members of the group Action against Crown Currency Exchange, me and other Members whose constituents have an interest, so that we can explore what might be done. It certainly seems to me that the legislation does not allow the FSA to operate in an effective way. Perhaps it is for the House to deal with that.

[Mr Wayne David (Caerphilly) (Lab)]

What message can the hon. Lady give to my constituents, and many others across the country who have lost large sums of money, about what hope they might have of compensation?

[Tessa Munt]

I am an optimist, so I hope that we might be able to do something, but it would appear that the directors of the company have operated through a loophole in the scheme. I suspect that they were very savvy and knew exactly what they were doing. They have registered rather than being regulated or authorised. Some 13,000 people have lost £20 million and there is enormous distress and dismay about what has happened.

[Dan Byles (North Warwickshire) (Con)]

I am grateful to my hon. Friend for giving way, as I am conscious that time is pressing. I join colleagues in congratulating her on securing this debate. Does she have any idea about how many other companies are registered but not regulated by the FSA?

[Tessa Munt]

I am not aware of the numbers; I am aware only that there is a peculiarity relating to 547 small payments institutions that do not seem to be regulated as other companies are. I hope that the Minister will give some response to the questions that have been raised.

[Andrew Selous (South West Bedfordshire) (Con)]

Does the hon. Lady share my concern that the business of Crown Currency Exchange was apparently regarded as low risk, when anyone with a basic grasp of economics could see the massive risk inherent in currency fluctuation up to a year in advance?

[Tessa Munt]

It is certainly clear that a number of people alerted various sections of the authorities. A year ago, the Financial Times and the financial pages of The Daily Telegraph and The Mail on Sunday were raising concerns, and they were right to do so.

[Peter Aldous (Waveney) (Con)]

I congratulate the hon. Lady on securing this debate. I have had a response from the FSA. It says:

“In our judgement it would not be possible for the FSA to ban firms such as CCE from describing themselves as “registered for payment services”. Any amendment to the register requirements in the Payment Services Regulations would be a matter for HM Treasury.”

Will she ask the Minister whether he will consider that?

[Tessa Munt]

I will do precisely that.

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[Mr Hoban]

No, I am going to continue.

The regulation of these businesses, including capital requirements, would impose costs on them and on their customers, so we must be sure that the benefits of regulation outweigh the cost to consumers. I assure hon. Members that we are looking at the other companies to see if any are operating in the same way as Crown. We have not yet identified any, although the investigation is still ongoing. I undertake that the Government will seek to learn the lessons from Crown’s failure, once we have all the facts, and take whatever action is appropriate.

[Tessa Munt]

Will the Minister give way?

[Mr Hoban]

Let me continue for a bit longer.

I recognise that there are innocent victims at the heart of this, but because Crown’s activities are not regulated by the FSA, its customers are not covered by the financial services compensation scheme. Crown did not accept credit card or debit card payments, so its customers are not covered by the protection they offer, and I am afraid that they are therefore awaiting the outcome of the administration process. I believe that it is vital that consumers understand their rights and what products and services are covered by the FSCS. I welcome the fact that the FSCS is launching a campaign in the new year to raise consumer awareness and encourage them to seek more information on what is and is not covered by the scheme. However, I also believe that there is a responsibility on companies to be up front with their customers about the protection that is available if something goes wrong, particularly where the business is complex, as was the case with Crown.

[Tessa Munt]

Exactly what purpose is served by registering a small payments institution with the FSA? Given that the FSA makes it perfectly clear that it denies any regulatory involvement with small payments institutions, of which there are 547, I am not entirely sure for what one is paying £500.

[Mr Hoban]

The hon. Lady makes an important point, but the reality is that this activity falls outside the regulatory perimeter of the FSA. The reason these businesses are registered with the FSA is that when the payments services directive was introduced, there had to be somewhere for these businesses to be registered, so the decision was taken to register them with the FSA. That decision was taken not by this Government, but by the previous Government. The hon. Lady is right that that situation leads to some confusion for consumers. The reality is that such businesses were not regulated by the FSA. The same applies to the other 1,500 bureaux de change that operate under this model.

Independent Financial Advisers (Regulation)

Tessa Munt Excerpts

Monday 29th November 2010 Commons Chamber

[Tessa Munt (Wells) (LD)]

I have taken feedback from my local independent financial advisers in rural Somerset. The general approach to the retail distribution review has fundamental flaws and will inevitably fail in one area—which is surely to encourage people to buy more financial products and to take responsibility for their financial futures. The RDR will fail because the regulator is trying to impose on the industry an advice process and a particular bids model without recognising or understanding the realities of what the public want.

Surely it would be better to find a way of developing an environment in which product providers and advisers have the freedom to develop their own business models, providing that they were honest and straightforward with clients and treated them fairly. That would allow innovation and would have some chance of success. The whole situation is similar to what happens when central Government try rigidly to control everything, instead of delegating responsibility to local authorities. Central Government do not always understand the issues at the grass roots and may get it all wrong. This Government should move us away from a prescriptive approach to one that allows an element of freedom.

[Neil Carmichael (Stroud) (Con)]

Will my hon. Friend give way?

[Tessa Munt]

I want to be brief.

We should consider what an IFA’s clients are seeking to buy when they look at financial products, look at what they do not like about the present procedures and consider whether the RDR will change anything. A constituent of mine has stated that when his clients buy their financial service products, they are seeking a similar experience to that when they buy other goods. First, they want the buying process to be a simple and pleasant experience. If the Government wish the public to buy more financial products and take responsibility for their future, they should not forget that fundamental point. That is not easy to achieve in the current environment. For a start, most clients do not like to be issued with mountains of complex paperwork. They find it quite intimidating.

Secondly, a lot of people visit an IFA with a specific purpose in mind—to invest some spare funds, to discuss their pension, and so on. They wish to restrict the conversation to those points that they believe are relevant and, having listened to what the IFA has to say about the matter, will wish to make up their own minds about whether the product under discussion is suitable for their needs. However, once in discussions, people often have to go through the IFA’s “advice process”, and are no longer responsible for their own decisions. The IFA has to be sure that the product is right for them, so these people find themselves undergoing a time-consuming and irritating process, having to answer personal questions that they often consider an invasion of their privacy.

Thirdly, clients quite rightly seek value for money. Unfortunately, the whole regulatory procedure is so cumbersome that it is no longer cost-effective for those with limited funds to seek an IFA’s advice. The cost of many financial products has risen dramatically. For example, 30 years ago the annual management charge on a unit trust was usually 0.25% or sometimes 0.375% per annum, but now it is usually 1.5% per annum. Much of the increase has arisen purely as a result of regulatory costs. A significant part of the cost increase is driven by regulation, so everyone suffers.

Will the RDR change any of the above? Not in my opinion: there is little evidence that any of those fundamental issues will change as a result of the RDR. We are all in favour of raising standards, but further examination passes will not address any of those issues.

[Annette Brooke (Mid Dorset and North Poole) (LD)]

Does my hon. Friend agree that it is quite surprising that even where IFAs are well on their way to getting the new qualifications, they are still against the system and see the exams as pointless? The new qualifications will not weed anybody out, which might have been their objective, because everybody sees them as inappropriate for the job that these people do.

[Tessa Munt]

Absolutely, and I thank my hon. Friend for her intervention.

The cost of paying for the IFA’s time will not change. We are all in favour of raising standards, but further examination passes will not address any of the issues that I have set out, and clients will not mind whether they pay commission or fees. To improve matters, the regulator must lessen the threat of litigation by giving clients the freedom, if they so wish, to take an element of personal responsibility in their decisions and to buy from an IFA after those discussions. The regulator must also stop telling IFAs how to structure their business models and must allow them be innovative. Without the mountains of regulation, most experienced IFAs could significantly improve the service that they offer their clients while dramatically reducing their charges. Also, they could probably employ more people and could significantly improve the customer’s experience.

I would like to quote from two small independent financial advisers in rural Somerset. One says:

“If the RDR goes through in the current format I am likely to lose the adviser…I employ. He is highly intelligent (a university graduate) and has over 20 years relevant experience. He is very competent to undertake the work that he does. However, he is in his…fifties and is busy with two children still at home and another at university. At this stage of his life he simply does not wish to use all of his spare time studying for further examinations. So this will be another person in your constituency without a job—so unnecessary.”

The second person said:

“I am lucky, I have all the necessary exams. I just hope they do not raise the bar again. I really could not face the pressure of having to pass more exams at my age. If it happened, I would have to close and more people would lose their jobs.”

The FSA in this case is judge, jury and executioner. I ask the Ministers to reconsider the rules for 2013, and to reopen talks with the FSA, to make it possible for independent financial advisers to offer the high-quality service that they want to give to their customers.

Equitable Life (Payments) Bill

Tessa Munt Excerpts

Tuesday 14th September 2010 Commons Chamber

[Tessa Munt (Wells) (LD)]

In common with other Members, I have a number of people in my constituency who have sent me letters and several hundred who have sent me e-mails about this matter. I want to make a few comments that might be helpful. The independent commission has a chair in Brian Pomeroy who is an EMAG nomination, and I am sure that EMAG will be happy about that. It is ludicrous to suggest—I refer to an earlier comment—that January is a long time to wait to have a report back from that group, because that is very speedy action in the relative scheme of things, and payment shortly thereafter would be welcomed by those members.

On 22 July, the Minister set out the terms of reference when he introduced the Bill. Those terms of reference referred only to Towers Watson’s figures and Sir John Chadwick’s report, but Sir John’s report is just one view and in some ways sets a lower range for the compensation; I wonder why there was no reference to the parliamentary ombudsman’s report. I share the concerns of Equitable Life policyholders in this regard, and I have checked the Treasury website. I want to make two points about that.

First, there is a slight omission on the website regarding what was said on 11 May in the new Conservative-Lib Dem coalition agreement. The agreement contained a pledge to

“implement the Parliamentary and Health Ombudsman’s recommendation to make fair and transparent payments”

but on the Treasury website that phrase is missing.

Secondly, the Treasury website refers to a large number of documents, including Ministers’ oral statements, written statements, answers to questions and press notices, as well as the Bill, explanatory notes, an assessment, a memorandum, various letters, advice, the terms of reference and Sir John Chadwick’s report. That report refers people on the Treasury website to Sir John Chadwick’s website, and I wonder why the parliamentary ombudsman’s report, which is entitled “Equitable Life” is not included among the documents of reference. It would be fair to people to include it on that website.

There is a case for having some categories of Equitable Life victims. There are people in emergency situations—those in most need and the families of those who have died who are in very dire straits—and there are people who need to be dealt with urgently, such as the elderly and those who have lost a lot in relative terms, whereas those who might have lost in part or who are still to retire in years to come can clearly be dealt with at a different time. I hope that, with the moves that are to be made on 20 October and with the way in which the whole programme of deficit reduction will roll out over the next few years, we will then be in a position to deal with those who do not have urgent cases, such as those who are still to retire.

Many victims are affronted and offended by the fact that the regulator seems to have removed most of its pension funds in June 2008. That adds to the question of public confidence in the regulator and affects those who wish to save for the future.

An Opposition Member said earlier that we should have no regard whatever to the comprehensive spending review as a background to payments made under the Equitable Life scheme, but that is a ludicrous suggestion. If we ignore the financial situation in which we find ourselves, we will be committing exactly the same crime as Equitable Life did originally, which got us to the current position. The parliamentary ombudsman’s comments about the “potential scale” of her recommendations need to be set against that background, and what is done has to be affordable. It was suggested earlier that we could look at what the ombudsman said and apply a reduction of 25%—or possibly 40%, depending on what comes out on 20 October. That is not a silly suggestion; perhaps it should be in scale. I am sure that EMAG would understand that the Government have said that everyone must be treated equally and fairly, that everyone will take the pain except the least well-off and that that might apply to this scheme as well.

It is absolutely right that we should try to be fair. The dictionary definition of “equitable” includes words such as fair, just, even-handed, unbiased, reasonable and impartial. We should deliver what Equitable Life and, most critically, the regulator did not deliver. I do not believe that Equitable Life victims are asking for anything unreasonable; they do not want an unreasonable advantage or to make a profit. They have been let down very significantly on two occasions—first by the company and secondly by the regulator—and I would hate to be part of a Government who let them down a third time.

Equitable Life

Tessa Munt Excerpts

Thursday 22nd July 2010 Commons Chamber

[Mr Hoban]

Given that the hon. Gentleman was meant to be seeking a bipartisan spirit, it did not last much longer than his first sentence. I paid tribute to the hon. Member for Leeds North East (Mr Hamilton), and I know from discussions with hon. Members of all parties that all Members of Parliament want to get the matter resolved. We all have constituents who have been involved, and the Public Administration Committee was one of many routes whereby the previous Government were pursued to deliver justice for policyholders quickly.

[Tessa Munt (Wells) (LD)]

I thank the Financial Secretary very much indeed for his comments about the speed with which he will deal with the matter, particularly on behalf of my 80-year-old constituent, Jim Barratt, who said that, at his age, time was not on his side. Given that the coalition has declared that it will apply transparency to the matter, has EMAG received the information on “Head A” calculations, which it requested, but was not forthcoming under the previous Administration?

[Mr Hoban]

I have made it my duty to maintain a good and open relationship with EMAG. I met its members again earlier this week and I spoke to the chairman, Paul Braithwaite, this morning to advise him that I was making the statement. Today, I am publishing 2,500 pages of material that help underpin Sir John’s work and I hope that people who are interested will examine that in detail and respond to his findings and the actuarial advice that he received.