Investment Banks: Client Protection

Lord Lee of Trafford Excerpts

Wednesday 13th June 2018 Lords Chamber

Asked by

[Lord Lee of Trafford]

To ask Her Majesty’s Government, in the light of the current Beaufort Securities situation, what steps they are contemplating to ensure that client assets are protected and ring-fenced from administrators of failed stockbroking or fund managements firms operating under rule 135 of the Investment Bank Special Administration (England and Wales) Rules 2011 (SI 2011/1301).

[The Minister of State, Department for International Development (Lord Bates) (Con)]

My Lords, the special administration regime is designed to accelerate the administration of failed investment firms, reduce costs and increase recoveries. The administrators’ plans for returning client assets and allocating expenses must be approved by the creditors’ committee and the court.

[Lord Lee of Trafford (LD)]

I hear what the Minister says but I ask him to look again at this situation. I do not think that he quite appreciates the seriousness of it. Unless this loophole is closed, the clients of small and medium-sized broking firms—very well-run broking firms—will leave those firms and go to larger ones. That is already happening, so will the Minister please look at this matter again?

[Lord Bates]

I recognise that the noble Lord has a long tradition of standing up for small shareholders in the field of investing. Small shareholders, like small businesses, are the backbone of our capital markets and we have to restore confidence among them. This issue of the fees was looked at. The noble Lord will know that last week the creditors’ committee, the Financial Services Compensation Scheme and PwC acting as the administrator met and reached an agreement which will mean that 94% of the fees will be covered by the FSCS. Out of 17,000 retail investments that the noble Lord and I are very concerned about, only 10 will suffer a loss under the current programme. We looked at this matter again with the Peter Bloxham review in 2012 and 2013, and we always keep all matters in this complex situation under review.