Lloyds, HBOS and the Cranston Review

Tonia Antoniazzi Excerpts

Tuesday 4th February 2020 Westminster Hall

[Kevin Hollinrake (Thirsk and Malton) (Con)]

I beg to move,

That this House has considered Lloyds, HBOS and the Cranston review.

It is a pleasure to see you in the Chair, Mr Hollobone. I think this is the second time I have spoken under your chairmanship about banking matters. This story is at least as shocking as the last one we discussed.

The story starts back in 2007, when Nikki and Paul Turner, who were then customers of HBOS, told the bank of a huge fraud in its organisation that was affecting them and many other customers. The bank denied all knowledge of the fraud. It sought to suppress the evidence that Nikki and Paul Turner had and to ensure they could not speak out by trying on 22 occasions to repossess their home. Without the Turners, I do not think we would be here today, but they found out, and their determination has brought these matters to this point. The fraud was finally proven in court in 2017, 10 years later—imagine those 10 years of denial.

Despite the fraud happening within HBOS, which was part of Lloyds Banking Group by that point, we were willing and happy for Lloyds to take on its own customer review and compensation scheme for those victims, many of whom had been denied any justice and had it denied to them that any fraud was going on whatsoever. Lloyds set up the Lloyds Bank customer review, also known as the Griggs review because it was headed by Professor Griggs, who was appointed by Lloyds to undertake compensation payments to victims.

The Turners were compensated, but they decided to help other people navigate the Griggs process. They formed an organisation called the SME Alliance, which has been proactive in making sure that people get justice. Not only did they warn Lloyds about the initial fraud; they started to warn Lloyds about how unfair the Griggs review was and how partial the process was to the interests of the bank. In fact, they went as far as commissioning their own review of the review, undertaken by Jonathan Laidlaw in 2018-19, which endorsed the Turners’ findings and said that the process was truly unfair and partial to the interests of the bank

Throughout the process, others were warning Lloyds that the Griggs review and the scheme was completely unfair. Following all those calls and the Laidlaw review, the Minister kindly supported those calls and commissioned a review, carried out by Sir Ross Cranston.

[Tonia Antoniazzi (Gower) (Lab)]

We have had many reviews and redress schemes in different forms over the past eight years. Does the hon. Gentleman agree that to provide comfort to people, the methodology of those reviews should be independently tested against the benchmarks that Sir Ross set out in his report?

[Kevin Hollinrake]

The hon. Member is absolutely right. The biggest learning we have is that the whole process must be independent. It simply cannot be fair to have any review carried out within the bank’s boundaries that provides compensation for victims. It must be independent and independently verified. I very much appreciate her work and support on the all-party parliamentary group on fair business banking.

The all-party group, which I co-chair, made many calls saying that the process simply was not right. The Minister supported those calls, and we commissioned a review. Andrew Bailey, head of the Financial Conduct Authority , and the future Governor of the Bank of England, engaged in constructive collaboration with us and made an excellent choice of reviewer in Sir Ross Cranston, who has done a tremendous job. Most importantly, he got every stakeholder round the table before he properly commenced the review. He consulted us on many occasions, and we had great confidence in his ability to assess properly whether the review was fair.

Sir Ross’s findings were shocking—that is, shocking to anyone not familiar with the process. Anybody familiar with it, whether a victim or victims’ support group, knew exactly what he would say. We should be very grateful to him. It is a long report, but its essence is that: the Griggs review did not deliver fair or reasonable offers of compensation; it was not open or transparent; it had serious shortcomings; it took too adversarial an approach to assessing consequential loss; and, crucially, its design meant that it could never deliver fair and reasonable outcomes. Those were his findings.

We are pleased that the chief executive of Lloyds, António Horta-Osório, has written to us and the victims, and he met us. He has apologised unreservedly for the bank’s conduct in the review and committed himself personally to getting this right. It should not have been a surprise to anyone—he had been warned on many occasions that the process was flawed. Nobody should be surprised about the result if we allow a business to mark its own homework—it shows a fatal misunderstanding of how businesses operate. I speak as a businessperson who has been in business for 28 years and is still in business today. I do not think I should be allowed to regulate my business or regulate where I have customer complaints; independent oversight is critical.

Milton Friedman, the leading economist, once said that the social responsibility of business is

“simply to increase its profit”.

Warren Buffett recently said that the Government have to play their part in modifying the market system. We cannot simply leave this stuff to business; we must ensure independent oversight and fair regulation. Business is not afraid of regulation; it just wants stable, fair regulation, not over-regulation.

A bank found guilty in court of defrauding its own customers, which denied that fraud and even disgracefully mistreated whistleblower Sally Masterton in her efforts to keep the fraud out of the public eye, is allowed to compensate its victims, through its own process. The lessons we learn from the process are not just about how to compensate victims fairly and give them justice for their mistreatment but about how the regulators have dealt with it. We undermine our system of free market capitalism if we let these powerful and dominant capitalists go unchecked.

I will briefly list some of the representations that the all-party group has made over the years. My predecessor as chair wrote in February 2017 to António Horta-Osório about Lloyds’s plan to take forward the review. He said that there were unacceptable exclusion clauses, the process would be poor when it came to the consequential loss and it was critical that redress was transparent, balanced and legally binding. That was three years ago. We recommended the use of an independent process through the Chartered Institute of Arbitrators which would have been much fairer.

We did not leave it there. Over the past three years, I have had many meetings with the senior management team at Lloyds—I recently met the chief executive—including Lord Blackwell, the chair of Lloyds, as has the director of policy for the all-party group, Heather Buchanan. There has been much correspondence between us. In July 2018, we wrote again to Lloyds and said that the victims were still being treated with contempt. The reply from Lloyds—from Adrian White, the chief operating officer—said:

“We strongly believe that the offers made are both fair and reasonable.”

That demonstrates the institutional arrogance of Lloyds and the wider sector, as people were constantly pointing out that the review was not fair. Any protests about the process were simply ignored. For us, it is not that the bank did not know about it; it simply chose to ignore us and many others.

The key is where we go now. Perhaps this is not the first step, but it is incredibly important that the FCA undertakes an investigation under the senior managers regime on both the Griggs review and the people responsible for that review within Lloyds. Lloyds must take responsibility for the review and other things connected to the whole saga, including the disgraceful treatment of Sally Masterton, the whistleblower, who was mistreated for five years. She was discredited by Lloyds to the FCA, for which she was finally compensated in 2018, yet nobody has been held to account for the mistreatment of a whistleblower pointing out some of these very issues.

Another thing we will need to look at is the people who are not part of Lloyds but are connected to the review. The legal advisers Herbert Smith Freehills are clear that they misled the Financial Conduct Authority about Sally Masterton, the whistleblower. They advised Lloyds on the establishment of the Griggs review, on its operation and on some legal points incorrectly, according to Sir Ross Cranston. It is unthinkable that Herbert Smith Freehills should have any influence on the future redress scheme. That must be an absolute minimum; it cannot happen as we go forward. They should also be the subject of an investigation by the Solicitors Regulation Authority.

The Cranston review offers us a crucial opportunity; it is a watershed moment. It is not just about Lloyds but about the wider banking sector.