Response to Jeremy Bosk #257
I agree profoundly with everything you say (apart from para 1) but remain unconvinced that you have provided an answer. How, as a matter of interest, can the taxpayer interfere in a bonus arrangement agreed in a contract to which he is a third party? If remuneration committees continue to authorise grossly inflated bonuses, all we can do is say: "We cannot stop you doing this in a free society, but, if you get it wrong it no longer affects us"
Part of the problem is that that many people (including the FSA and the FOS) share your view that the behaviour, of which the banks stand convicted in the recent past, was merely "unethical" whereas I think it amounted to fraud.You say: "....most top financial services people stay within the letter of the law..." this was not true of most banks and building societies in the run up to the crash. Prior to the Financial Services act 1986 banks did not generally disclose the fact that they were paid a commission on the the sale of an endowment policy. Thus when the mortgage adviser said: "We really recommend this form of mortgage security, as the best for you, he/she omitted to tell the customer that the bank was receiving, in most cases, a share of the commission for saying it. This was a breach of well established civil law, confirmed in Lister v Stubbs 1890, ie that an agent must not make a secret profit. With respect, many of us think the level of wrongdoing evident in the past is a pointer to what may happen in the future. All trust has gone, and, in a way, you make the argument for me - we must, you say, allow unreconstructed banks to continue to take risks. My argument is that we know that in the immediate past they lied, gambled and lost. Future activities may be subject to scrutiny by an "underpaid bunch", paid for by the very banks they are, supposedly, investigating but is that good enough?
My problem is that your solutions, logical and effective though they might be (cut the bonuses and limit commission based selling) have not been adopted nor, in my view, will they be. See the extract below from the discussion that followed the Panorama programme (bad in itself, I agree) "Can You Trust Your Bank":-
"6. At 21:49 13th Jun 2011, MajorBarbara wrote:
I was a Lloyds Bank manager who was glad to take early retirement in 1992, when the rot had already set in. As an example, shortly before I retired, Lloyds managers were told the bank prohibited them to grant a personal loan to a customer unless Payment Protection Insurance was sold, although customers could not to be told of this requirement as it was illegal.
Rewards to bank staff for selling "products" should be banned, all staff should be on salaries only
Representatives of the British Bankers Association (no doubt highly paid) have appeared on television for many years to ward off detailed and justified complaints about banks. They are like politicians, skilled at waffle, and never give a straight answer to a straight question. If they are allowed to appear on television in future, there should also be a translation of their replies in plain English."
I do not believe we can tighten up the auditing and regulation to prevent a recurrence of the problem. It will always resemble the present state of internet security - breach followed by repair, followed by breach followed by...
We need to assume failure and prepare for it.