Financial Services Bill


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Rob Marris: It is a pleasure to serve under your chairmanship again in the new year, Mr. Gale.
I will move from the general and comparative to the specific. The cornerstone of the Bill is clause 1—the Council for Financial Stability, which is all about preventing, or trying to prevent, further crises. There will be further crises, so the question is how we deal with them and how we lessen the number of them, if we can, as a society and an economy.
I say to the Opposition that if we get the diagnosis wrong, we will get the treatment wrong. The country that undoubtedly had the most stable banking system throughout the crisis among the G7—arguably among the G20 and the whole world—was Canada. I see Conservative Members smiling, because I suspect that I know as much about the Canadian banking system as anyone on this Committee, although I am not an expert. Surprise, surprise, the system there is tripartite, and it has worked very well. In fact, the system in Canada has less regulation than that in the States, which came close to meltdown, particularly with the collapse of Lehman Brothers. The banks in Canada are federally chartered. Some of them are the biggest in the world—two of the 10 biggest banks in the world by capitalisation are Canadian. They are big beasts, and they are run by cautious bankers. The Scottish Presbyterian tradition has permeated banking in Canada since the founding of the bank of Montreal in, from memory, 1821. The higher capital amounts kept by Canadian banks were encouraged by, but not statutorily mandated by, the federal Government of Canada. It was something that the biggest five banks in Canada decided they ought to do and did for many years. I think, again from memory, that the last run on a bank in Canada was in 1921. It is a system that has worked well, including through this crisis.
The Canadians were more stable through statutory provisions there, but I stress that it was a tripartite system, where there was much better co-ordination than there was in this country. The hon. Member for Fareham and my hon. Friend the Member for South Derbyshire stated that it is about using one’s judgment. When the hon. Member for Chichester talked about a tripartite arrangement that failed, he went on, unusually for him, because he is usually intellectually astute, to condemn tripartism itself. One needs to make a distinction. The tripartite arrangements in the UK, which the Council for Financial Stability seeks to address, did not work as well as they should have. I do not leap from that, as he apparently does, to saying that tripartism is the problem.
That is the leap of faith that his own Front Benchers take. It was, to use the words of the hon. Member for Chichester, to do with how things performed operationally. As the Treasury Committee report stated, we had complacency and underperformance from the FSA, to which my hon. Friend the Member for South Derbyshire referred, and, arguably, from the Bank of England as well. So, putting all the eggs in the Bank of England basket is not necessarily a great way of preventing that.
One of the things that we can learn with hindsight—and the measure was embryonic 10 years ago, as the hon. Member for Chichester rightly pointed out—is the lack of co-ordination, the pass-the-parcel approach, to such matters. If we look back and analyse that, and we get on to talking about minding the gaps, to which we referred when the hon. Member for Fareham was opening the debate, we see that it is to do with interaction and co-ordination. Clause 1 provides the co-ordination. It does not provide for getting rid of tripartism, nor should it, because that would lead to another mechanistic approach. It is mechanistic to say, “Well, instead of having a Council for Financial Stability, we will put pretty much all our eggs in a Bank of England basket and downgrade the FSA and so on”. There is not a bad comparative model on the other side of the Atlantic, in Canada, which had a tripartite system that worked well and was better co-ordinated.
Clause 1, which I favour, tries to address the gaps, the lack of co-ordination and the complacency and underperformance of the FSA and, to some extent, of the Bank of England. Clause 1 makes it very clear statutorily that the Chancellor of the Exchequer is in charge. When the hon. Member for Chichester referred to what happened in 1987—I recall that he was a special adviser in the Treasury—he had a ringside seat, and the Chancellor was in charge. The Chancellor came to the House to make a statement at 10 o’clock. Of course the Chancellor is in charge because—to Anglicise the phrase—the sterling stops with him. We know that it was the Chancellor, the Government and the taxpayer who bailed out the rotten banks that had been underperforming and had been allowed to underperform through the failings of some of the regulators. Of course responsibility lies with the Chancellor, but it is helpful to have it spelled out in clause 1. As Members of Parliament who are all members of political parties—there are no independents with us today—we go to meetings, whether of a trade union or a political party, and we know that it is the Chair who has a big say in what goes on, as indeed you quite rightly do, Mr. Gale. So, specifying that the chair of the Council for Financial Stability is the Chancellor of the Exchequer highlights statutorily in a declaratory sense what we all know to be the case anyway, but if that is a step to restoring confidence in the regulation of financial institutions in the United Kingdom and it helps to prevent further crises, and to rebuild confidence in our system, then it is a useful thing to do in statute.
Mr. Hoban: The hon. Gentleman obviously has a very clear view that the Chancellor is in charge, yet what is he in charge of? He is chairman of the council, but what does the council do? It keeps the system under review and it co-ordinates. That is not much. From what I can see, there is no executive power vested in the Council for Financial Stability. All it is in charge of is ensuring that things are kept under review and there is co-ordination.
Rob Marris: I entirely agree, but I sense that I place far more emphasis than the hon. Gentleman does on the role of co-ordination. Under the system that we have had for the last 10 years, there was not enough co-ordination—that was one of the failings. In reality, the Chancellor will be in charge. If three people get together, and someone from the FSA says, “We’re thinking of doing this”, and someone from the Bank of England says, “We’re thinking of doing that”, they will listen to the Chancellor, and the other two around the table will have some idea of what is going on. They will not be in silos; I get the sense that to some extent they were in silos through this crisis and before it.
Mr. Tyrie: Can we make this a little more concrete? Under the hon. Gentleman’s proposal, who would be in charge of ensuring that liquidity statistics for the banks are collected? We now know that no liquidity statistics were being collected in a co-ordinated fashion by anybody, and that is one of the reasons the crisis did so much damage so early on when it broke. Do we not need to go well beyond putting someone in charge in a declamatory sense—or declaratory sense, as the hon. Gentleman said—to the point where somebody has direct and statutory responsibility for the overall management of the system?
Rob Marris: That may well be the case, but getting three people together in one room so that they can realise that the lacunae exist sounds like a major step forward.
Mr. Todd: Indeed, it might be. If my hon. Friend turns to clause 1, subsections (5), (6), (7) and beyond, he will see that the Treasury is not merely given the task of being the chair of this body, but that it will have a substantial functional role. Perhaps he would agree that some of the more telling points made by the hon. Member for Fareham were requests for a sharper definition of exactly what the Treasury would expect from this body. That is where one hopes the Minister will provide us with greater information.
Rob Marris: I entirely agree with my hon. Friend. It is a day for agreement, and it would have been better had we had some of that sharper focus in the Bill. I hope that we will get it from the Minister today. As my hon. Friend said, the first part of clause 1, and the second part from subsection (5) onwards, take us a step further. I hope that today the Minister will take the matter even further, because the amendments do not give us that sharp focus and I shall not support them.
Ian Pearson: The debate on the Council for Financial Stability has warmed up a lot faster than the Committee Room. I will make some initial observations about performance, responsibility and structure, which has been at the heart of many of today’s contributions. I will then discuss in more detail the amendments tabled by the hon. Member for Fareham.
It is clear that Governments and regulators around the world have learned lessons from the financial crisis. No system has proved perfect, and in almost every jurisdiction the conclusion has been reached that further action needs to be taken. My hon. Friend the Member for South Derbyshire raised issues of performance that have been acknowledged by members of the tripartite body. It is also important to acknowledge and make explicit in the Committee the roles and responsibilities of individual executives, of boards and of shareholders in contributing to this financial crisis. The debate that we have had over the last two and a half hours has focused on the perceived failures of regulation, without acknowledging the perceived failures of the way in which companies were run, which contributed directly to the financial crisis.
The Chairman: Order. Before I suspend the sitting, I would like to make a couple of announcements. I apologise to the Committee for the fact that it has been petrifyingly cold this morning. Some things are outside my gift, but a change of room is possible. I say it is within my gift—it has been gifted to us. It will require hon. Members to take their papers with them now, but the Committee will sit in Committee Room 11 this afternoon.
Mr. Todd: Is it warm in there?
The Chairman: That is the reason for going there. The problem has been that the door does not shut properly in this room. I cannot guarantee that it will be warm, but it certainly will not be as cold. I am advised that it is warm.
During the debate, the hon. Member for Fareham made the point that the Committee is pressed for time. The sittings resolution—the ultimate resolution—is a resolution of the House and it cannot be changed by the Programming Sub-Committee. However, we can use the time available. I say to hon. Members now, that should it become necessary, there will be the opportunity on Tuesday next week—rather than tonight when hon. Members and staff will already have made arrangements—to have a further sitting between 8 pm and 10 pm. If the usual channels decide, perhaps on Thursday, that that is necessary, I would be prepared to chair a further sitting on Tuesday if that would help the Committee in its deliberations. I mention that now so that hon. Members can look at their diaries.
1.1 pm
The Chairman adjourned the Committee without Question put (Standing Order No. 88).
Adjourned till this day at Four o’clock.
 
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