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Compensation (London Capital & Finance plc and Fraud Compensation Fund) Bill - Sitting 1

15 June 2021

Proposing MP
Sussex Weald
Type
Public Bill Committee

At a Glance

Issue Summary

The statement discusses the examination of witnesses regarding the Compensation (London Capital & Finance plc and Fraud Compensation Fund) Bill, focusing on pension fraud and mis-selling. The statement addresses issues and findings from the Gloster report regarding regulatory failures at London Capital & Finance and subsequent actions taken by the Financial Conduct Authority (FCA). The statement addresses concerns about consumer understanding of financial promotions and the risks associated with unregulated activities by authorized organizations. The statement discusses the handling of consumer complaints related to London Capital & Finance and the FCA's response. Nusrat Ghani is presiding over a session in the Public Bill Committee examining oral evidence regarding pension fraud and mis-selling compensation. The statement discusses compensation claims related to London Capital & Finance plc and the Fraud Compensation Fund Bill, focusing on regulatory shortcomings and industry-funded systems. The statement addresses the issues surrounding the London Capital & Finance plc fraud case and the need for regulatory changes within the Financial Conduct Authority (FCA). The statement discusses the compensation for victims of London Capital & Finance plc fraud and the implementation of recommendations from Dame Elizabeth Gloster's report. The statement discusses the necessity for Parliament to investigate and address systemic issues in financial regulation and compensation related to investment mis-selling and regulatory failures. The statement discusses the need for a thorough investigation into regulatory failures in the financial services sector, particularly regarding pension schemes and their impact on consumers. The statement is about closing a session of the Public Bill Committee on Compensation (London Capital & Finance plc and Fraud Compensation Fund) Bill.

Action Requested

No specific action is requested in this statement. The Minister Nusrat Ghani calls for declarations of interest and introduces the witnesses from the Financial Conduct Authority and the Financial Services Compensation Scheme to discuss the level of pension fraud and mis-selling.

Key Facts

  • Witnesses include Simon Wilson, interim head of resolution at FSCS; Casey McGrath, head of legal at FSCS; Sheree Howard, executive director of risk and compliance oversight at FCA; Robin Jones, director within the risk and compliance oversight function of FCA.
  • The statement discusses an increase in pension mis-selling during the covid crisis.
  • Typical cases involve transferring from a regular pension into a self-invested personal pension with high-risk investments leading to loss of savings.
  • The Gloster report identified a range of issues and mistakes made by the Financial Conduct Authority (FCA).
  • Significant changes have been implemented since the transfer of responsibilities from the Office of Fair Trading (OFT) to the FCA in 2014.
  • Mini-bonds were unregulated, leading to difficulties for investors seeking compensation.
  • The Government are considering changes to the financial promotions regime to improve consumer understanding.
  • There is an increase in pensions scams, causing distress and potential loss of life savings.
  • The FCA supports including online safety measures in the online harms Bill to mitigate risks from scams and fraud.
  • The FCA has not held a meeting during LCF’s operation period but may have subsequently.
  • The FCA considers consumer engagement and aims to serve the UK public effectively through information provision.
  • Meeting individual consumers would be resource-intensive, but groups of consumers are met regularly.
  • The Pension Protection Fund runs the Fraud Compensation Fund.
  • The levy on industry schemes is currently set at 75p per member for general schemes and 30p for master trusts.
  • A Government loan will be required due to historical cases of pension scheme fraud, with a proposed cost estimate of around £350 million.
  • The Fraud Compensation Fund was set up as an industry-funded system.
  • At the time of the judgment, the FCF had assets of £26.2m with expected unfunded liabilities of £200m to £250m.
  • A loan is planned to resolve cash-flow issues while payments are made.
  • The collapse of London Capital & Finance plc was investigated by Dame Elizabeth Gloster.
  • Dame Elizabeth's report recommends a cultural change at the Financial Conduct Authority (FCA).
  • The report highlights failings in the regulatory perimeter approach, holistic business review, and employee training within the FCA.
  • LCF bonds were sold as ISA-eligible products, which was critical to attracting investment.
  • The FCA and HMRC did not conduct any analysis of whether the product being marketed was ISA compliant.
  • Dame Elizabeth suggests that implementation progress should be monitored closely.
  • Witnesses are requested to be muted when not speaking.
  • The Financial Services Act 2012 provides broad exemption from civil liability for the FCA, making it difficult for consumers to receive redress through legal means.
  • Between the People’s Pension and NEST, approximately 37% of the Fraud Compensation Fund levy was paid in 2019.
  • The current estimate for raising £350 million is significant considering that these two schemes represent roughly 1% of assets in the sector.
  • The issue of catastrophic failure across the system is highlighted.
  • There are recommendations in a report produced by the Work and Pensions Committee into pension schemes problems.
  • Regulatory failure leads to catastrophic losses for people.
  • The session closes earlier than expected.
  • Nusrat Ghani invites the Government Whip to propose the Adjournment.
  • Committee members are instructed to leave promptly by observing social distancing.
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