Bishop of St Albans asks about right-of-access to cash

The Bishop of St Albans received the following written answer on 23rd January 2023:

The Lord Bishop of St Albans asked His Majesty’s Government:

  • what steps they are taking to tackle the increased cost to people in deprived areas caused by the prevalence of pay-to-use cash machines in these areas.
  • whether they intend to introduce a statutory right to pay for goods and services in cash; and if so, whether this would be subject to financial limits.
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Financial Services and Markets Bill: Bishop of St Albans speaks on cryptocurrency, access to cash, credit unions, and net zero

The House of Lords debated the Financial Services and Markets Bill in its second reading on 10th January 2022. The Bishop of St Albans spoke in the debate concerning issues of access and regulation:

The Lord Bishop of St Albans: My Lords, theologians sometimes discuss the personal and social ethics in the teaching of Christ under the three headings of money, sex and power, those three areas which can be the most extraordinary gift and blessing when used rightly and for the common good but which, when they are an end in themselves, can become extraordinarily disruptive. Of these three areas, Christ had most to say about money, as its use reveals our values as individuals and as a society, often in a very stark way. A close reading of this Bill reveals a set of cultural assumptions and values about what is considered important and valuable. There are four areas that I want to highlight and which we need to consider if a growing and vibrant financial sector will work for the common good.

First, on crypto asset regulation, as others have said, we need to act fast both to protect our citizens and so that we do not fall behind the rest of the world. The problem at the moment is that the almost complete lack of regulation means that, for many people, crypto- currencies are just another form of gambling. The recent collapse of FTX has demonstrated the volatility of this market and its vulnerability to fraud. Some have made a fortune, while others have lost their life savings and will now be looking to the state to provide for them. Just as we need a sensible and balanced approach to the regulation of online gambling, so we need sensible, balanced regulation of crypto- currencies. The provision in this Bill to ensure that crypto is treated as a regulated activity and giving the FCA and the PSR the power and, as others have noted, the resources to do their work and to protect customers, is welcome.

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Financial Services and Markets Bill: Archbishop of Canterbury stresses importance of serving the common good

On 10th January 2023, the House of Lords debated the Financial Services and Markets Bill in it’s second reading. The Archbishop of Canterbury spoke in the debate, highlighting the need for good practice and quality of service in the finance industry:

The Lord Archbishop of Canterbury: My Lords, this year marks the 10th anniversary of the final report of the Parliamentary Commission on Banking Standards, Changing Banking for Good. I declare my interest having served on that commission, and I welcome the presence in this debate of the noble Baroness, Lady Kramer, who also served, as did the current Lord Speaker. I also welcome the maiden speeches of three noble Lords today: the noble Lords, Lord Ashcombe and Lord Remnant, and the noble Baroness, Lady Lawlor.

We need to remember that the extraordinary crisis in 2008—which led to the various commissions, reports and changes in regulations, including the financial services Act 2013, in which the Parliamentary Commission on Banking Standards played a part—caused huge and ongoing crises. While welcoming the Bill very strongly, I join some of the hesitations mentioned by the noble Lords, Lord Hunt, Lord Sharkey and Lord Vaux. It has been estimated that the financial services industry, and particularly the major banks, have an effective subsidy as a result of the implicit government guarantee that they receive, which is worth approximately £30 billion a year. If there is £30 billion a year going spare, many other industries and not a few churches would welcome that very warmly. However, that subsidy, which is at the risk of the taxpayer, as we saw in 2008 and 2009, is what gives the result of the banks having heavy social obligations; we must look carefully at that when the Bill reaches Committee, as has already been said. The issues of inclusion, stability and access at all levels, especially for micro-businesses, are very important, not least for levelling up.

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Bishop of St Albans asks about consumer protection

The Bishop of St Albans received the following written answers on 9th November 2022:

The Lord Bishop of St Albans asked His Majesty’s Government:

  • whether they consider that the new Consumer Duty set out by the Financial Conduct Authority in their policy statement PS22, published on 9 July, is the same as a general duty of care; and if not, what the differences are.
  • what assessment they have made of whether the new Consumer Duty set out by the Financial Conduct Authority in their policy statement PS22, published on 9 July, will be effective.
  • what plans they have, if any, to introduce a statutory duty of care for consumers.
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Financial Services Bill: Bishop of St Albans supports amendments on transparency and statutory governance

On 19th April 2021, during a debate on the Financial Services Bill, the Bishop of St Albans spoke in support of two amendments tabled by Lord Sikka, outlining the need for greater transparency around ministerial interventions in cases of financial misconduct, and supporting the establishment of a supervisory board to strengthen the accountability of financial watchdogs:

The Lord Bishop of St Albans [V]: My Lords, I will be brief in my support for this amendment. I am very grateful to the noble Lord, Lord Sikka, and the noble Baroness, Lady Bennett of Manor Castle, for speaking at great length. I therefore do not need to add a huge amount more, not least as I intend to go into a bit more detail on my concerns about transparency when speaking in support of Amendment 34, which touches on similar issues of accountability.

I am a little puzzled why the noble Baroness, Lady Neville-Rolfe, thinks that this is a case of bad cases making bad laws. It seems to me that there have been very considerable concerns in the past. Surely those ought to be investigated.

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Financial Services Bill: Bishop of St Albans supports amendments to establish standards for debt collectors and to regulate online gambling

On 14th April 2021, the House of Lords debated amendments to the Financial Services Bill. The Bishop of St Albans spoke in support of an amendment seeking to introduce a regulatory body for debt collectors, and moved his own amendment which would establish greater autonomy for users on blocking online gambling purchases:

The Lord Bishop of St Albans [V]: My Lords, I shall speak to Amendment 16 and then address my own Amendment 27. The introduction of a regulatory body to oversee the rules governing the behaviour of bailiffs would greatly strengthen complaints handling for the victims of practices that fall outside the national guidelines. The FCA reported in its Financial Lives 2020 Survey that 3.8 million people in the UK are currently experiencing “financial difficulty”. It is a terrible situation that takes a significant toll on people’s health and relationships. This amendment seeks to address an important concern: the fair treatment of people by enforcement agents who collect debts, often from vulnerable people who are in grave financial distress.

The absence of an independent regulator means that, when breaches of national standards occur, any complaints will be dealt with through the company or a trade association, before possibly being passed on to an ombudsman. This is an arduous process that prevents complaints from being adequately actioned. Furthermore, these national standards are not legally binding, which obscures the extent to which an individual can seek redress. No industry is exempt from poor practice. While most enforcement agents will probably abide by national standards, nevertheless we need to make sure that they are properly regulated.

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Votes: Financial Services Bill

On 14th April 2021, the House of Lords debated the Financial Services Bill. Votes were held on amendments to the bill, in which Bishops took part:

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Financial Services Bill: Bishop of St Albans tables amendment on regulation of financial advice

The Bishop of St Albans tabled his amendment 136 to the Financial Services Bill in Grand Committee on 3rd March 2021, and spoke in support of a further amendment on debt financing:

The Lord Bishop of St Albans [V]: My Lords, I shall speak to Amendment 136, which is in my name. I tabled the amendment because of concerns about the lower levels of responsibility placed on appointed representatives and the increased risk of poor financial advice that this poses.

The objective of the senior managers and certification regime to influence an individual’s behaviour by making them personally accountable to the regulator is one that I agree with and it was the correct response to the culture that had arisen in the City of London prior to the financial crash in 2008. I know that some Members of this House have criticised the application of the senior managers and certification regime, or lack of it, by the FCA, and I agree that it is worrying. However, I do not want to comment on the effectiveness of the SMCR but to remedy an anomaly that exists within the current framework.

The SMCR currently applies to directly regulated financial advisers, yet it does not extend to those who are appointed representatives. This anomaly means that, while a directly regulated adviser carries a personal responsibility for the quality of the advice they provide to their customer, no such responsibility is incumbent upon the adviser who is an appointed representative. This is despite the reality that a customer seeking financial advice is unlikely to know the difference between the two types of adviser and the possible effects that this might have on the quality of the advice they receive.

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Financial Services Bill: Bishop of St Albans speaks at second reading

The Bishop of St Albans spoke at the second reading of the Financial Services Bill on 28th January 2021, raising issues of ethical investment and tax avoidance:

The Lord Bishop of St Albans: My Lords, it is right to underline the importance of the financial services sector in our country and the huge contribution it makes. There are many laudable things in this Bill: the strengthening of money laundering regulations; encouraging saving; and the creation of parity between white collar crimes, such as market manipulation, and general fraud by extending the maximum sentence.

I was disappointed, however, to hear that the Commons amendment exploring the whole issue of ethical investment with reference to genocide did not make it into the Bill. I understand the Government’s reservation—they do not want to politicise the FCA. Nevertheless, I hope that “global Britain”, as laid out by the intentions of the Bill, will also be very much “ethical Britain” as we place ourselves in the world under the new freedoms that we have. I also note, with other noble Lords, the concern that there seems to be so little clarity on the question of parliamentary scrutiny. I am sure we will return to this as the Bill passes through your Lordships’ House. Of course, fundamental to this whole future is that the FCA is adequately resourced to fulfil its task.

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Bishop of St Albans chairs debate on tax justice

On 21st January 2021, the Bishop of St Albans chaired a debate on a reports by Church Action for Tax Justice:

The Lord Bishop of St Albans: To ask Her Majesty’s Government what assessment they have made of the reports by Church Action for Tax Justice (1) Tax for the Common Good, published in February 2019, and (2) Fair Tax Now, published on 4 January 2021.

My Lords, I thank all those speaking in this evening’s debate. I am no expert on tax, but it does not take an expert to see that there are some deeply entrenched tax inequalities. This 2019 report by Church Action for Tax Justice, and its 2021 report, Fair Tax Now, are more relevant than ever, not least with the financial impacts of the Covid-19 pandemic being felt in all parts of society, and with Her Majesty’s Government’s commitment to “levelling up”.

The proposals laid out by Church Action for Tax Justice seek not to harm wealth generation, but to level the playing field and facilitate a fairer tax system that ensures that those with the deepest pockets do their duty to the societies that provided the context in which they were able to amass their wealth. This is a vast topic, so I will make a couple of preliminary comments and then suggest four of the most important areas that must be addressed.

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