Tuesday 15 October 2019

Regulator defends lack of penalties in RBS scandal

Crisis: The watchdog said it had to take RBS management failings before the crash into account
Crisis: The watchdog said it had to take RBS management failings before the crash into account

Iain Withers

The UK's financial watchdog has defended its decision not to penalise lender RBS or its former executives for past mistreatment of small business customers, drawing fire from a senior lawmaker and victims' groups.

The Financial Conduct Authority (FCA) said it was sticking by its decision not to apply penalties for actions of RBS's former turnaround unit, the Global Restructuring Group (GRG).

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"Our investigation has found that GRG clearly fell short of the high standards its clients expected, but it was largely unregulated and so our powers to take action in such circumstances, even where the mistreatment of customers has been identified and accepted, are very limited," FCA CEO Andrew Bailey said.

The FCA's decision was immediately criticised by a senior member of parliament and by small-business victims' groups.

"This report is another complete whitewash and another demonstrable failure of the regulator to perform its role," said Kevin Hollinrake, co-chair of the UK parliament's all-party group for fair business banking.

The SME Alliance campaign group, meanwhile, said it was "deeply disappointed" with the regulator's findings.

The mistreatment of businesses that were in financial distress and moved into GRG is one of the biggest scandals RBS has faced in recent years.

A previous FCA report had found that GRG was responsible for widespread mistreatment of business customers between 2008 and 2013 and blamed former bank bosses for pursuing profits at the expense of the health of some companies.

Last July's FCA decision not to apply penalties was widely criticised, with MP Nicky Morgan calling it "bewildering".

Yesterday, the watchdog repeated its view that it did not have the powers to take action and that external legal counsel had agreed with its conclusion.

The FCA said that stronger powers have since been introduced to give it greater ability to act in future cases, though it could not say whether it would have been able to bring a successful case under the new rules.

The report did not name individual managers involved, which the watchdog said would not be "legally justifiable". The FCA said that, in coming to its conclusions, it had been "required" to take into account the "unprecedented stress" inflicted on RBS by failings of former management in the years leading up to the financial crisis.


Irish Independent

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