Football Index Collapse: Lessons Learned

Liz Twist Excerpts

Wednesday 24th April 2024 Westminster Hall

[Liz Twist (Blaydon) (Lab)]

I beg to move,

That this House has considered the lessons learned from the collapse of Football Index.

It is a pleasure to serve with you as Chair, Mrs Murray. This debate is about the lessons to be learned from the collapse of Football Index. I had a debate on Football Index in June 2022, but I am here again because I was alarmed to read reports in The Times and The Guardian just a few weeks ago about a new platform, KiX, which uses Football Index as a proof of concept and involves some of the people previously involved in Football Index. I do not want my constituents to be caught up in a scheme that replicates the problems of Football Index, so we need to learn the lessons.

The collapse of the supposed betting platform Football Index was mired in controversy, as the site proved to be incorrectly regulated for the majority of its lifetime. Those regulatory failures affected tens of thousands of people across the UK, many of whom lost substantial amounts of money. I am sure most Members in Westminster Hall today and across the House have received emails from constituents who lost life savings, struggled with their mental health and dealt with putting their lives back together after that failure.

Let me give a quick recap. The Sheehan report, which the Government commissioned, was damning in its verdict that there were regulatory failures from both the Gambling Commission and the Financial Conduct Authority in their work to protect customers from Football Index. According to the report, the failures go back to the beginnings of the platform. The Gambling Commission was made aware of the “go to market” function back in April 2015, but did not note that feature during the licensing process. It did not consider other aspects of the platform’s similarity to a stock market at the licensing stage, and the platform’s terms and conditions were not subjected to detailed scrutiny prior to 2019. The report states that at that point the Gambling Commission became aware of the full nature of the product, but it did not suspend the platform’s licence for another two years. That is crucial, because if the platform been taken down in 2019, it could have saved some customers huge amounts of money. The report also noted that, during that time, the Financial Conduct Authority expressed inconsistent views about whether the platform fell under its remit, and was driven by resource prioritisation, rather than by its legal responsibility to protect consumers.

Those failures cost victims dearly. Many lost their homes, their life savings or their wedding funds, causing them huge amounts of stress, anxiety and depression, not to mention financial difficulties for some. My constituent Collin spent months unable to work as a result of the stress. He told me:

“I feel a massive sense of guilt and anger that a huge amount of my family savings has been stolen. That money could have been used for my children’s future, house improvements, holidays and other investments.”

Many victims are reluctant to come forward due to the shame that they feel after being misled in such a way. That has not been helped by the language of the Government, who referred to support for “problem gamblers” in their response to the dormant assets consultation last year. To be clear, no one should have to feel shame if they are struggling with gambling addition, but that framing negates the fact that the product’s promoters branded it as an investment product.

None of the victims walked into a bookie’s and put £3,000 on an accumulator or a race. They were misled and instead believed themselves to be investors. They were misled and instead believed themselves to be investors taking risks, hedging funds and building a portfolio—something that would be normal for those who engage in the stock market. To suggest otherwise is to let the platform and the regulators off the hook.

There are unanswered questions. Since my debate in June 2022, there have been three different Prime Ministers, four Secretaries of State for Digital, Culture, Media and Sport, and four Ministers responsible for gambling, but as of yet, no one has been able to make much progress on this vital issue. In that time, I have heard countless more stories of the hardships suffered by victims as a direct result of these regulatory failings. Together, their financial losses amounted to as much as £124 million. They are desperately waiting for action and dealing with uncertainty. They fear that they may never see justice, and that they may never be compensated.

I pay tribute to the journalists who have been fighting to keep this issue in the public domain. Joey D’Urso at The Times, Ellie Pitt at ITV and Greg Wood at The Guardian have all helped to tell the story of the victims and have given them a voice. I encourage the Minister and those present to attend the all-party parliamentary group hearing on 30 April, so that they too can hear at first hand from those affected.

It is important that we keep the focus on this because so many questions remain. Although the Sheehan report was fundamental to exposing some of the regulatory failures, the text itself references the significant time constraints under which it was produced and the fact that it therefore could not take in the full amount of evidence that has since come to light. Some of the victims have lost everything, and they deserve to have their voices heard.

Having secured a meeting with the Minister back in 2022, the Football Index group has continued to gather and develop evidence that strengthens its case. However, I have met the group, and the Government have not accepted a submission from it. I am grateful to the current Minister for meeting representatives of the group, but after three long years, they deserve more—they deserve action.

There are ongoing concerns related to what the regulators knew and when, and whether there were additional opportunities to prevent the eventual outcome that were missed. It is my understanding that the current Minister was sufficiently concerned by what he heard to consider an independent review of the evidence by someone external to the Department and the Gambling Commission. No doubt the Minister will tell us himself exactly what he has been doing, but the action group are still waiting for progress on this issue. If we are to learn lessons from the collapse of Football Index, there must be proper, independent scrutiny of all the available evidence. I hope that the Minister will commit to that during this debate.

Turning to novel products, a process of examining what went wrong with Football Index is vital, so that we can protect people from such harm in the future. Unfortunately, recent developments have made this matter all the more urgent. As I said at the start of this debate, in a recent article in The Times it was revealed that the co-founder of the Football Index platform is working with others to create a new trading platform, citing Football Index as proof of concept. This is deeply worrying. I can only imagine the frustration and anger that victims must feel upon hearing this news; they will be concerned that others might be let down in the way that they were.

The new platform, KiX, will be a football cryptocurrency trading project that makes use of non-fungible tokens and cryptocurrency. Ministers have previously said that the Gambling Commission has strengthened its approach to novel products, and I understand that the commission is currently reviewing elements of the KiX product. However, the commission has also said that the product may lie outside the scope of regulation, given the involvement of NFTs and crypto.

On 23 April, the Government set out plans to overhaul gambling and admitted that Football Index blurred the boundaries between gambling and investing. If Football Index blurred the lines, KiX is seemingly crossing over them altogether to create a similar product in an unregulated market. Having seen the impact on Football Index victims, how could we possibly permit another product that preys on football fans by persuading them to part with hard-earned income and invest in their knowledge of football?

[Mr Gregory Campbell (East Londonderry) (DUP)]

I thank the hon. Member for giving way and congratulate her on securing the debate. She talked about susceptible fans sometimes being preyed on when it comes to gambling. Does she agree that one of the big emerging problems in the past few years has been the virtual epidemic of gambling companies sponsoring almost every single Premier League team, to the extent that young people think of and see their heroes as being part of the gambling industry, which is compounding the problems that she is rightly analysing today?

[Liz Twist]

I thank the hon. Member for his intervention. Of course, we could have a whole different debate on the influence of the gambling industry on football—indeed, I am sure that in future months we will have such a debate. But today that link between gambling and clubs and their players, with or without their consent, is being used to attract people to gamble money.

As I was saying, I fear that the product that I am talking about today—KiX—is dangerous and has the potential to bring misery to more people. I therefore urge the Minister to do everything he can to ensure that this platform does not launch without the utmost regulations being in place. To put it simply, that is the very least that the victims of Football Index deserve and we do not want to see more victims being created through new platforms.

I also bring to the Minister’s attention another company—StocksFC. I am told that it has been operating in the crypto space for about a year. Alarmingly, a quick glance at its website and at the Twitter account of its head of marketing shows the dangers of this type of platform. It is clearly masquerading as a stock market and is manipulative in its language, suggesting to people that they are “investing” and sharing the totals of profits made on their supposed investment.

I will add that despite this platform allegedly being a crypto-based platform, there are no entries about it on the blockchain and users in the UK can deposit money straight into its system from their debit cards. I am sure that the Minister will agree that that is deeply concerning and a danger to consumers. Does he know whether the Gambling Commission is aware of this operator and if so, what discussions has he had with the commission to ensure that consumers are being sufficiently protected?

Many victims of the original Football Index collapse are vulnerable and eager to recoup their losses through any means, and I fear that new platforms could prey on their vulnerability. I hope that the Minister will raise these concerns with the Financial Conduct Authority, and that the FCA and the Gambling Commission will work in partnership to ensure that nobody is left victim to an unregulated football stock exchange ever again, consulting with the Football Index action group to learn from the real-life examples that it can provide.

The evidence regarding the regulatory failures that led to the collapse of Football Index is highly compelling. It serves as a reminder that we cannot let anything like that collapse happen again. Meanwhile, victims have long-standing grievances that are yet to be resolved.

People from across the country will now be willing the Government to respond to the new platform of KiX in a serious manner and to review, in full, the evidence that the Football Index action group has sourced and put together. I hope that the Minister will listen to calls from the victims, because that is quite simply the least that they deserve.

Finally, I would welcome any update that the Minister can provide on this subject. At the heart of this scandal is injustice. We need to develop a plan that seeks to compensate victims of the Football Index collapse effectively while working to ensure that any future football platforms, such as KiX, cannot be launched without learning considerably from the lessons of the Football Index scandal.

[Mrs Sheryll Murray (in the Chair)]

I remind Members that they should bob if they wish to be called in the debate.

--- Later in debate ---

[Stuart Andrew]

The hon. Gentleman interrupted me just before I was going to say that the commission and the FCA are already engaging to establish the details of the product and to agree the appropriate steps.

There have been reports that two individuals previously involved in running Football Index are involved in KiX. Adam Cole was the co-founder of Football Index. He surrendered his personal management licence in September 2021 while under review, and the commission reached findings of fact regarding his involvement in Football Index. Those would be considered if he were to make a new application for a personal licence.

The commission also wrote to Abdullah Suleyman, the former head of trading at Football Index, to confirm the nature of his involvement in KiX. Following the letter, he surrendered his personal management licence on Monday 22 April.

[Liz Twist]

I recognise some of the steps that have been taken, but this comes down to the fact that we do not want to see people being taken in in the same way as they were with Football Index. It is great that those individuals have given up their personal management licences, but they have already shared their information and used their experience to set up a new system. What more can we do to make sure that people in the UK are clear about the status of this and that it is properly regulated?

[Stuart Andrew]

I was going to come on to that point. I reassure colleagues that the commission will continue to take a very active role in the monitoring of this product, and the FCA is also looking into the KiX business and will take appropriate risk-based action if it identifies that any of its activities fall into the FCA’s remit. However, I will raise this issue with both organisations again to ensure that everything is being done, because, like everybody else here, I do not want this to happen again. I hope I can reassure the House that the commission has been monitoring the market for several years for potential products that attempt to replicate Football Index. It has intervened in several instances. Although it would not be appropriate for me to name those businesses, that demonstrates the commission’s proactive work in this area.

The hon. Member for Blaydon raised the issue of StocksFC. The Gambling Commission is engaged with StocksFC and is monitoring the company at this moment. I will write to the commission for further information on that product and ensure that everything is being done to monitor it.

--- Later in debate ---

[Liz Twist]

I thank everyone who has taken part in this debate, including my hon. Friends the Members for Ellesmere Port and Neston (Justin Madders) and for Worsley and Eccles South (Barbara Keeley), the hon. Member for Strangford (Jim Shannon), and my hon. Friend the Member for Sheffield, Brightside and Hillsborough (Gill Furniss). I thank the shadow Front Benchers, the hon. Member for North Ayrshire and Arran (Patricia Gibson) and my hon. Friend the Member for Barnsley East (Stephanie Peacock), and I thank the Minister for his response.

I have a few points to make. As is usual these days, people have been tweeting points at me all the time as well, so I was watching those. The main thing I want to say is that we all want to ensure that we learn the lessons and make it not possible for people to be fooled—to be misled—in this way again. That is what our attention must go to.

I am particularly concerned that we should not see people falling through a gap in the regulatory frameworks, whether that involves the FCA, the Gambling Commission or any other organisation. It is really important that we not only reach memorandums of understanding but ensure that that works and, if neither one seems suitable, that we look at what on earth we can do to make sure that the gap is plugged in the meantime. That is really important for people.

I note that the Minister has undertaken to speak to the Treasury, which is really helpful. Arguably, we could have been having a debate in Treasury time saying what happened and what went wrong. It is really important that the Government work together to ensure that people are not misled and not required to look at the tiny print at the bottom of a website to find out the status of a scheme.

Finally, in news hot off the press, we talked about the FSCS, and I understand that there are currently 10,000 users on that scheme and that we are still looking at it. I do not expect the Minister to be able to respond on that, but it would be helpful if we looked at it outside this debate.

I thank everyone for participating. Let us make sure that what happened with Football Index is not allowed to happen again.

Question put and agreed to.

Resolved,

That this House has considered the lessons learned from the collapse of Football Index.

Oral Answers to Questions

Liz Twist Excerpts

Thursday 7th March 2024 Commons Chamber

[Kemi Badenoch]

My hon. Friend is right. I signed the enhanced trade and investment partnership in Nigeria, alongside my counterpart, Dr Doris Uzoka-Anite, on Tuesday 13 February this year. It was the first of its kind in terms of the UK’s trade commitments across the region. The partnership aims to remove market access barriers and promote technical co-operation in areas such as financial and professional services. The UK and Nigeria have co-created a partnership that tackles issues that businesses face, and this is the first step in a significant relationship and an already strong trading partnership worth a total of £6.7 billion in the 12 months to September.

[Liz Twist (Blaydon) (Lab)]

T9. Last week, Carl Cresswell, director of business resilience in the Department for Business and Trade, told the Select Committee that he personally thinks that we will end up spending more money on Horizon compensation overall than that £1 billion currently allocated by the Treasury, but we did not hear anything about that in yesterday’s Budget. Does the Secretary of State share that view?

[Kevin Hollinrake]

We have always been clear that the £1 billion is not a cap. Clearly, the amount of compensation that needs to be paid for redress is to get people back to where they were before the scandal took place. At the moment, we are not nearing that £1 billion, but I think that over time we will be. As I say, it is not a cap; if we need to raise the amount, we will.

Local Radio: BBC Proposals

Liz Twist Excerpts

Thursday 22nd June 2023 Commons Chamber

[Liz Twist (Blaydon) (Lab)]

I congratulate the right hon. Member for Hemel Hempstead (Sir Mike Penning) on securing this popular debate. Local radio matters. It matters for community, for inclusion and for democracy. We all know that it is a foolish politician who underestimates local radio journalists and their ability to hold power to account.

As we have heard from other hon. Members, local radio matters particularly in the north-east, where we have the highest figures for digital exclusion in England and where there is a strong sense of local identity, with local culture embedded in the lives of all my constituents. A 2021 Institute for Public Policy Research report estimated that 40% of the north-east population has no or a very low level of digital engagement. Local radio is a vital way for many people to get involved and be informed about many aspects of public life.

For many, local radio is also a source of connection, crucial to combating loneliness and instilling a sense of local community. We must not forget that point about loneliness. It is really important that we work together to address that issue, and not to make it worse. We have heard from others how important it is to local people that they have that local radio connection.

Some 92% of over 55s listen to some form of radio every week, with around 5.4 million people listening to BBC local radio weekly. Those figures tell a tale about those who rely on local radio for news and companionship. If that is to be stripped back, it will have a dire effect for all those listeners. It is the BBC’s intention to cut up to 50% of its local radio output across 39 stations in England. Clearly that fails in representing the values that those 5.4 million listeners look for in their local radio content.

Briefly, I want to talk about the issue of “local”. In the north-east, there may be a debate between Tyne and Tees for people’s local radio preference, but having that very local knowledge is important to many people in our communities. I know that from my own experience.

The question of accessibility has also been raised. Local radio is a great way of communicating. People who are blind or have other disabilities may find it very difficult to use new digital services. I worry that that has not been taken into account and needs to be looked at.

As we have heard, the changes bring about casualties among our fantastic local presenters, who are being pitted against each other and, frankly, being treated badly by their employer as they look for alternative jobs. They are being given the impossible task of competing against each other and facing uncertain circumstances. The story that local journalists and staff have told us is that there has been a managed decline by the BBC. I commend all those local journalists who are taking action to support their local station.

Others have mentioned the role of Ofcom, which has been calling for the BBC to better resonate with viewers and listeners. It is important that the BBC looks again at those provisions. I urge the Minister to work with us to get the BBC to pause this plan, and engage with the public on the restructure through the consultation, which has been sadly lacking.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. We have to move on.

Oral Answers to Questions

Liz Twist Excerpts

Thursday 23rd March 2023 Commons Chamber

[Kemi Badenoch]

This Government value and support the Scotch whisky industry. Just last year, we helped to liberalise tariffs on Scotch whisky in the USA. My Department and I are in continual discussions with the Scotch Whisky Association and industry to see what we can do to support them.

[Liz Twist (Blaydon) (Lab)]

The retail sector is a hugely important part of our economy and a huge employer in my constituency. What are the Government doing to support it in difficult times?

[Kevin Hollinrake]

The retail sector is benefiting from the £13.6 billion of business rates support and the 75% discount up to £110,000 per premises. These are difficult times for many businesses, not least retail, but we are keen to ensure that we end up on a fair and level playing field. Also, businesses will benefit from the economic turnaround that we expect later this year.

Mental Health and Wellbeing Plan

Liz Twist Excerpts

Wednesday 15th March 2023 Westminster Hall

[Mr Jones]

Yes, but that is what was so good about the 10-year mental health plan. That was going to do exactly what my hon. Friend suggests. It was going to look at the interconnections between physical and mental health, and some of the reasons it occurs in the first place.

[Liz Twist (Blaydon) (Lab)]

My right hon. Friend mentioned the consultation and the enthusiasm of the respondents. YoungMinds, a great organisation dealing with young people’s mental health, had 14,000 young people commenting as part of that consultation. Is he as concerned as I am that their views will now be lost and that they will be dispirited?

[Mr Jones]

I congratulate YoungMinds on its great work. It is disappointing that many of those people will feel let down, that their perfectly legitimate concerns around the mental health of young people will not be taken into consideration in a broader strategy. I will come on to that, but I would like to make some progress.

The major conditions strategy covers cardiovascular disease, including stroke, respiratory disease, musculoskeletal disorders, dementia, and cancer. Those are some of the most challenging areas that face the NHS. As my hon. Friend the Member for York Central (Rachael Maskell) just mentioned, much has been said about parity of esteem between mental and physical health. I am a passionate believer; I believe that the integrated whole approach is right and should be our aim. However, a co-ordinated approach does not simply scrap the plan for mental health and wellbeing, if that means, as my hon. Friend the Member for York Central just outlined, that those will not actually be taken up or given the priority that they need.

If anything, trying to create change across a vast swathe of health in one strategy could risk dealing with none of the challenges that are faced in those different areas.

Oral Answers to Questions

Liz Twist Excerpts

Thursday 9th February 2023 Commons Chamber

[Kevin Hollinrake]

I agree with my hon. Friend and thank her for her incredible work on the Celtic sea initiative. I attended her reception in Parliament, which was very well attended indeed and very optimistic about the potential for the Celtic sea.

We know that the net zero transition will create new industries worth around $10 trillion to the global economy by 2050. We recognise that the international landscape is becoming increasingly competitive as a result, but we are not dragging our feet. Securing inward investment to the UK’s green economy is a top priority for the Government, and the Department will be working closely with the Department for Energy Security and Net Zero, UK Export Finance and the Office for Investment, using all the levers at our disposal to promote the UK offer overseas.

[Liz Twist (Blaydon) (Lab)]

18. What steps she is taking to support effective parliamentary scrutiny of new free trade agreements.

[The Minister of State, Department for Business and Trade (Nigel Huddleston)]

The Government are committed to transparency and effective scrutiny in our trade agenda, going beyond the statutory framework set out in the Constitutional Reform and Governance Act 2010. That includes providing extensive information prior to the commencement of talks on free trade agreements, as well as regular updates to Parliament during negotiations. At the end of negotiations, we have committed to additional parliamentary scrutiny time, as well as to publishing further information such as the advice of the independent Trade and Agriculture Commission.

[Liz Twist]

Over the last year, the Government’s former Environment Secretary, the right hon. Member for Camborne and Redruth (George Eustice), has labelled the Government free trade agreements a failure, and the Prime Minister has called them one-sided. Is such criticism the reason the Government spend so much time avoiding any real detailed scrutiny of these trade agreements?

[Nigel Huddleston]

I respectfully disagree with the hon. Lady’s characterisation that there is insufficient scrutiny, and I respectfully disagree with my right hon. Friend the Member for Camborne and Redruth (George Eustice), who made some comments earlier this year. Last time I answered this question, you quite rightly had a go at me, Mr Speaker, because I gave a long list of examples of extensive scrutiny on our free trade agreements. I will spare the House by not repeating it , but I refer the hon. Lady to the answer I gave previously.

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[The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)]

Excitement is also building in me ahead of my visit to Kettering. I am a proud champion of small businesses, which, as we all know, are the engine room of growth in our economy. That growth has been good over the past 12 years—the third fastest in the G7—but we want it to be faster. I am very keen to engage with my hon. Friend to see how we can help small and medium-sized enterprises to do that.

[Liz Twist (Blaydon) (Lab)]

T2.   Now that the Trade Remedies Authority has been in operation for almost two years and has produced its decision, can the Minister tell me what plans there are, if any, to review how it operates and the guidelines to which it works?

[Nigel Huddleston]

I thank the hon. Lady for the constructive engagement that we have had about the TRA. I know that some of its decisions have been impactful on her and her constituency. We will be looking for some reform of the TRA, and I would be happy to discuss that further with her.