Contribution
I am very grateful for the hon. Lady’s characteristic grasp of the detail of this subject, and she absolutely makes the point. Just removing a banner from a front office does not streamline, so I urge the Economic Secretary to retain a forensic view, as I know she will, of what processes faced by businesses and consumers are actually streamlined.
I note the streamlining of the senior managers and certification regime by abolishing mandatory annual employee certification below senior manager level. I note the comment of the hon. Member for Great Yarmouth (Rupert Lowe), who is no longer in his place, on that regime, which was, “Abolish everything.” I understand the frustration that leads to many people saying that, but I think we have some new challenges, which have not been properly addressed, when it comes to AI in financial services.
The Chair of the Select Committee mentioned this in passing, but AI, in automating the evaluation of which products would suit individuals, is transforming most consumers’ interactions with financial services. Following the Mills review, there does seem to be a bit of a gap in what will happen with appropriate regulation. It seems that the essence of the position of the FCA is that it does not want to slow down the pace of innovation and growth in financial services, so it will be very reticent to put in any regulation. That is not an unreasonable sentiment, but we must discuss where we as a society feel responsibility should lie. If a financial services firm essentially allows an AI regime to produce offers of products that are sold, somebody has to be responsible for the terms and the basis for such a product going to market.
I welcome the changes to the PRA to streamline the bank rules on ringfencing, but I was the Minister who commissioned the Keith Skeoch review, which essentially came to the conclusion that it was not really necessary, but because of the legacy of the global financial crisis, we had better keep it in place. I urge the Economic Secretary to ask this question: what does that ringfencing actually give us? Many senior people at the PRA told me that we do not really need it, and we have a resolution regime that would actually satisfy all our requirements. However, it has a totemic significance, because it is associated with that season of under-regulation that led to the global financial crisis. We must have an honest conversation, not one based on received wisdom about what happened 18 years ago. We should not be reckless, but we do not need to carry unnecessary burdens when they do not really add anything.
Time goes quickly in this place, and I respect the need for everyone to speak, but I would like to make two or three broader points. One is about the imbalance of power and expertise. When I became the Economic Secretary, I hardly slept for the first few weeks because it was just so complicated, after I had been the arts, heritage and tourism Minister. From museums to MiFID in one step was a big move, but I did my best to master it. Every six weeks or so, I met the head of the FCA and the head of the PRA. These are some of the most brilliant people in public service, who have at their disposal some of the most intelligent, numerate individuals who are aware of all the nuances of different conditions, the capital requirements of banks of different sizes and the different mitigations for them. I was trying to mediate all the representations I had had from TheCityUK, UK Finance, the Association of British Insurers, the London Market Group and all the consumer organisations, essentially to try to challenge them on the right way of liberalising the regime or having a strong and simple regime to, for example, make it easier for smaller banks.
I probably got that right sometimes and on other occasions did not press hard enough, while at times there was a reasonable expectation that I would be moved on. Indeed, since July 2022 there have been eight Economic Secretaries—I am glad the sixth one is now back again as the eighth one. I just do not feel that that is a grown-up way to deal with our financial services Minister—the person responsible for this industry that we have all said is so important in terms of the jobs it creates and the GDP it accounts for. There is well-meaning intent, when we come to this place, to mediate consumer groups’ concerns and the concerns of our constituents, but we need to think about how we can do this better. Perhaps there should be a joint committee of the Commons and the Lords, properly staffed with the sort of expertise and advice that would really allow us to take on our friends at the PRA and the FCA, but it is something that does need scrutiny.
The legacy of the global financial crisis is important. It obviously had an enormous impact on our country and our public finances. “Too big to fail” must never happen again, but we must recognise that financial services in this country compete on an international basis. Too often, when legislation is passed in this place, there is another “have regard to”. I have been in Select Committees where colleagues have asked about some piece of legislation—some provision or “have regard to” that I probably allowed to pass through the House of Lords because I wanted to be collegiate—that led the regulator to make assessments that were not going to go anywhere, but added significant compliance costs to our financial services industry with no material outcome. I urge the Minister to really think about what is a necessary legacy of the global financial crisis and what is a sort of received wisdom of defensiveness that does not serve us well any more.
My final point, which I alluded to earlier, is about the consumer reset. The Chair of the Select Committee rightly pointed to Nikhil Rathi’s challenge to us at the Select Committee that we, as politicians, need to be clear about what level of risk we are prepared to tolerate. That is a difficult question for us as Members of Parliament. We are never going to want to say to our constituents, “We are happy to allow lots of risk,” but we have to put it in context. The measures we put in place on risk mitigation, the mandate and responsibilities we give the FCA and the PRA, make quite a big difference to the way the industry functions and how competitive it is.
I welcome what the Government have done on financial education. The Economic Secretary and I were at the launch of a report by UK Finance this morning. I welcome the progress that has been made and needs to be made in that area, but we must get to a better place in terms of enabling people, when so much more information is available, to own the choices that they make. Of course the responsibility to look after consumer interest exists, but let us calibrate that appropriately for the age we live in.
Thank you for the opportunity to contribute.