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Financial Services Bill 2010-12 to 2012-13

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Financial Services Bill 2010-12 to 2012-13 (212)

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Type
Public acts
Date
19 December 2012
Reference
CHAP 21 2012; 2012 c. 21

My Lords, with most of this Bill being about regulators and the whole structure of regulation, I am returning to a proposition which would in due course return some power and leverage to consumers directly. As we just heard from my noble friend Lord Kennedy of Southwark and others speaking...

Member
Lord Whitty (Labour)
Type
Proceeding contributions
Date
26 November 2012
Reference
741 cc77-8
House
House of Lords

My Lords, I support the amendment moved by my noble friend Lord Whitty. To some extent, the third arm of this amendment has been partially agreed by the Government, in that their proposed criteria for designating super-complaints to the FCA include representatives of SMEs—although they wisely exclude authorised bodies from...

Member
Baroness Hayter of Kentish Town (Labour)
Type
Proceeding contributions
Date
26 November 2012
Reference
741 cc78-9
House
House of Lords
Deposited by
Department for Business, Innovation and Skills
Type
Deposited papers
Date
19 July 2012
Reference
DEP2012-1256
House
House of Commons

My Lords, the amendment stands also in the name of my noble friend Lord Peston. It is fairly self-evident, referring to,

“the need to inform and educate consumers”—

which I assume everybody is in favour of—

“with special emphasis on the unavoidability of some risk”.

Life is full of risk, certainly in the financial...

Member
Lord Barnett (Labour)
Type
Proceeding contributions
Date
18 July 2012
Reference
739 cc257-8
House
House of Lords

My Lords, it strikes me that the Bill slightly buries “buyer beware”, which was in FiSMA, and that we are creeping towards a culture where a lot of people think that if they lose money on any investment they are entitled to compensation. I do not wish to be overly...

Member
Lord Flight (Conservative)
Type
Proceeding contributions
Date
18 July 2012
Reference
739 c258
House
House of Lords

My Lords, I was delighted to add my name to that of the noble Lord, Lord Borrie, on this amendment. We go back a very long way to when I first entered the Department of Trade and Industry. The position of director-general of fair trading was coming up for renewal...

Member
Baroness Oppenheim-Barnes (Conservative)
Type
Proceeding contributions
Date
18 July 2012
Reference
739 cc258-9
House
House of Lords

My Lords, I supplement what my noble friend Lord Barnett and others have said about the built-in risk of pretty well every financial instrument that one might acquire. This amendment is very much in line with that made earlier by the noble Lord, Lord Flight, on education. Therefore, again I...

Member
Lord Peston (Labour)
Type
Proceeding contributions
Date
18 July 2012
Reference
739 c259
House
House of Lords

I shall make a couple of comments in favour of the amendment. As I understand it, its general sense is to state that there is a duty of care. The medical profession and the legal profession have an explicit duty of care. An interesting seminar brought together economists, lawyers and...

Member
Lord May of Oxford (Crossbench)
Type
Proceeding contributions
Date
18 July 2012
Reference
739 c259
House
House of Lords

My Lords, I very much support the amendment, as I said when speaking to my noble friend’s amendment a few minutes ago. There is a real danger of failing to distinguish between risk and fraud. They get intermingled in the public’s mind. Clearly, fraud is absolutely unacceptable and needs to...

Member
Lord Hodgson of Astley Abbotts (Conservative)
Type
Proceeding contributions
Date
18 July 2012
Reference
739 c260
House
House of Lords

My Lords, I was particularly grateful to hear the words of the noble Lord, Lord May of Oxford. We will shortly come to a specific amendment about a duty of care. I hope that he will be here to repeat his words in 20 minutes or whenever we reach the...

Member
Baroness Hayter of Kentish Town (Labour)
Type
Proceeding contributions
Date
18 July 2012
Reference
739 cc260-2
House
House of Lords

My Lords, this group of amendments is concerned with the information provided to consumers, so that they are able to make empowered choices and decisions. Amendment 104C seeks to add a new ‘have regard’ subsection to the list of matters that the FCA must consider in advancing its consumer protection...

Member
Lord De Mauley (Conservative)
Type
Proceeding contributions
Date
18 July 2012
Reference
739 c262
House
House of Lords

That is right, my Lords. In fact, when we debated the previous group of amendments I spoke about the deliberations that the Department for Education is going through on that exact point, so I thank my noble friend for that.

The FCA will set the conduct-of-business regime within which firms will...

Member
Lord De Mauley (Conservative)
Type
Proceeding contributions
Date
18 July 2012
Reference
739 cc262-3
House
House of Lords

My Lords, I shall speak also to Amendment 136. Amendment 105 insert the terms “ability, disability and vulnerability” of consumers into new Section 1C which is entitled: “The consumer protection objective”, as the noble Lord said. Given that only one body—the FCA—is referred to within

this section, it cannot be...

Member
Lord McFall of Alcluith (Labour)
Type
Proceeding contributions
Date
18 July 2012
Reference
739 cc265-7
House
House of Lords

My Lords, I support the views of the noble Lord, Lord McFall, on split-level trusts. When I was a private client investment manager I came across these extraordinary products, which offered marvellous returns. Income shares were offering 8% and capital shares looked very exciting in the forecasts and prospectuses of...

Member
Lord Northbrook (Conservative)
Type
Proceeding contributions
Date
18 July 2012
Reference
739 c267
House
House of Lords

My Lords, I support my noble friend Lord McFall in this amendment but I greatly regret the fact that the amendment is necessary. One of the reasons for my regret is the appalling reputation that the financial services industry is earning now as a consequence of the events of the...

Member
Baroness Liddell of Coatdyke (Labour)
Type
Proceeding contributions
Date
18 July 2012
Reference
739 c268
House
House of Lords

I support my noble friends, particularly my noble friend Lady Liddell. This takes us back to our earlier remarks today on the need for a professional body for the financial intermediary. I was very disappointed at the way in which the Government did not seem to recognise that as a...

Member
Lord Peston (Labour)
Type
Proceeding contributions
Date
18 July 2012
Reference
739 cc268-9
House
House of Lords

My Lords, I support the amendment in the name of my noble friend Lord McFall. I declare an interest as chair of the Consumer Credit Counselling Service, the country’s leading debt advice and debt management charity. I want to focus in particular on people who struggle with debt, often because...

Member
Lord Stevenson of Balmacara (Labour)
Type
Proceeding contributions
Date
18 July 2012
Reference
739 cc269-270
House
House of Lords

My Lords, the debate on this group of amendments has been very interesting. However, it has some characteristics of straying into Second Reading territory because it has gone much wider, albeit over very important areas, into questions of broad mis-selling standards in the industry, which we have discussed already this...

Member
Lord Sassoon (Conservative)
Type
Proceeding contributions
Date
18 July 2012
Reference
739 c270
House
House of Lords

I hope that the Minister will think again about this before Report, because he has got it profoundly wrong. There is a duty of care for all clients. Of course, it has different consequences according to the nature of the client and according to their sophistication, capital resources and ability...

Member
Lord Davies of Stamford (Labour)
Type
Proceeding contributions
Date
18 July 2012
Reference
739 c271
House
House of Lords