Compensation (London Capital & Finance plc and Fraud Compensation Fund) Bill

Sammy Wilson Excerpts

2nd reading
Tuesday 8th June 2021 Commons Chamber

[Sammy Wilson (East Antrim) (DUP) [V]]

I welcome the Bill. Those of my constituents who have been affected by the collapse of LCF will welcome the fact that, as a result of the excellent report by Dame Elizabeth, which really lifted the lid on how the Financial Conduct Authority failed in its obligations, the Government have been forced into the position we are in today with this Bill. I welcome that.

As other speakers have said, this is not the first time that the Financial Conduct Authority has failed in its regulatory duty and failed people who are innocents in all of this. Firms assure them that they are regulated and that protection is available, but the savings they invest are then snatched from them. Let us look at the failure of the FCA in this particular case. It failed to meet its statutory obligations. It failed to take any action even when it was found that a regulated firm was engaging solely in unregulated lending. Surely that must have raised concerns that the firm was using its regulated status to engage in activities that were unregulated. Its staff were clearly not trained in taking complaints and passing them on. Indeed, as Dame Elizabeth pointed out, they were actually assuring the public that the claims being made by LCF were correct and that their savings were safe. Even when fraud was passed on up the line to supervisors, again it was ignored. All these regulatory failures require the Government to ensure that there is compensation for individuals.

I agree with the Minister that we cannot cover every spiv and every chancer who tries to take money from people. If we are going to avoid that, we must have proper regulations. If the Financial Conduct Authority has proven that it is not up to the job, new regulators have to be put in place. Those who take on the responsibilities of the Financial Conduct Authority have to be held responsible as well. We cannot simply say that it is about the institution or the people who are in charge; we have to avoid this happening again so that people in my constituency who have suffered do not continue to suffer from these kinds of actions.

Compensation (London Capital & Finance plc and Fraud Compensation Fund) Bill

Sammy Wilson Excerpts

Report stage & 3rd reading
Wednesday 22nd September 2021 Commons Chamber

[Sammy Wilson (East Antrim) (DUP)]

I accept the point that the hon. Gentleman is making, but does he also accept that many small investors were actually misled—the Gloster report shows this—by the advice they were given by people in the FCA who indicated that the company was covered by the FCA and therefore they were guaranteed to get £5,000 if the firm went bust? That information was wrong, so some people made an informed investment decision on the wrong information supplied by the regulatory agency.

[Kevin Hollinrake]

Anybody reading the report will be appalled by the regulator’s performance in this case, given not just the number of complaints about LCF but the lack of joined-up thinking within the FCA. This was some years down the line; it happened after Andrew Bailey had taken over at the FCA. He knew there were problems right at the start, but there was no joining of the dots and there were the clear allegations of inappropriate conduct within LCF. The independent financial adviser who drew attention to it was a very competent person; he was not simply raising the issue saying, “I don’t like this company.”

The IFA was called Neil Liversidge. He wrote to the FCA setting out exactly what was going wrong with the designation of unsophisticated investors as sophisticated, the encouragement to class themselves as sophisticated, and where some of the investments were going. It was pretty clear what the problem was at LCF, and the FCA failed to act. That is simply unacceptable. That is why I welcome the compensation. However, it still has to be down to investors to make an educated decision. Certainly my constituent and others I have seen could see that this was not a Government gilt they were investing in; there were obviously some risks attached.

--- Later in debate ---

[Mr McFadden]

The hon. Member raises a very fair point. It has already been referenced in the debate that this is not just about amounts, but about the timescale, and we all want the Government and whoever is administering this scheme to be able to get on with it.

[Sammy Wilson]

I understand the point, but does the right hon. Gentleman accept that defining those who have suffered the most could be quite difficult? Are those who have suffered the most those who have lost the most, or perhaps those who are not all that well-off and have found that they had lost all of their savings, even though all of their savings would not have been the same as the loss of some of the bigger investors? Does he accept that that is a difficult definition?

[Mr McFadden]

The right hon. Member raises a very fair point. If we pluck a sum of money out of the air, it could be a lot of money to one person and perhaps less to somebody else, depending on their wealth.

Let me return to the questions for the Minister arising from the amendment and the Bill. The second is the important question of where the decision to compensate the LCF investors leaves investors in other firms where regulatory failure is alleged. Where has the bar now been set for future compensation in the event of regulatory failure? The taxpayer cannot stand behind every investment loss. Some investors will make money and some will lose. That is in the nature of a market economy. However, the question of compensation arises when there is a clear regulatory failure, because that is considered to be a different matter. Having come up with this scheme, where do the Government now draw the line?

How can we be sure this will not happen again? There are two aspects to this question. The first is the role of the regulator. The FCA is going through a transformation programme designed to ensure that changes are made to prevent a similar thing from happening in the future.