It has certainly been a day of competing
attractions at Westminster. The scurrying back and forth through the corridors
of the Palace of Westminster and the conspiratorial knots of MPs in almost
every corner suggested something was going on as I arrived there this morning.
Indeed, it was. The Speaker, the hapless Michael Martin, had just announced his
resignation in a month's time.
There was the debate on Equitable Life about to take place in Westminster Hall, which doesn't seem to have moved things forward but we'll have a look at the full transcript of that one in the morning. But I was there for the meeting of the All Party Parliamentary Group on Insurance & Financial Services to discuss the rumblings of discontent around the trade credit insurance market. It was an interesting line-up with the British Retail Consortium expressing the concerns from the coalface, the British Insurance Brokers' Association telling it from the broker/insurer interface and the Association of British Insurers speaking for the underwriters who end up paying the claims.
There was really very little disagreement among them and a strong consensus that the £5bn top up scheme announced by the government in the Budget would not make alot of difference. The BRC dismissed it as "too little, too late", describing the 1 April 2009 start date as being so far after the worst of the crisis was over as to be of little real value to retailers and their suppliers. The BRC would like to see it back-dated to 1 April 2008, although it is hard to see how this could work as a back-dating that far would surely only appeal to those business that knew they had bad debts that would give rise to claims that they hadn't got cover for. There might be scope for rolling it back a few months to cover potential claims that could arise, say, when the common 120 days of credit expire but even then you are coming close to insuring a certainty. You can't help feeling some sympathy for the BRC though as it is clear this scheme was needed some months back as crisis started to grip the high street.
That sympathy was only enhanced by
learning from the ABI that it had first been asked by government to discuss
the top-up scheme last November but was sworn to secrecy. If only the government had
moved faster then and got something in place before the end of the year it
might have done some real good.
There did seem to be a sense of relief
all round that the government had not been tempted down the same road as the
French government with its scheme for offering 100% where it had been withdrawn
(as opposed to the UK scheme which is a maximum 50% top just when cover has
been reduced and then only for six months): "We are not asking for a
scheme that second guesses the market", said the BRC's Jane Milne, showing
the sort of understanding for the insurers' position that you would expect from
someone who used to work for the ABI.
The ABI took the opportunity to take a
swipe at pre-pack administrations which it claimed "often leave the
unsecured creditors and insurers completely exposed while the 'phoenix' company
rises from the ashes and goes off with all the viable continuing
business". The ABI's spokesman, its head of general insurance, Nick
Startling, stopped short of calling for an end to pre-packed administrations
when pressed by some of the group members but urged greater transparency and
notification. I did detect some support for this criticism on the Tory side.
All-in-all it appears that the trade
credit insurance market doesn't have alot to fear on the political front at the
moment if this degree of calm consensus can be maintained.
Fourthly, Sir John has responded to an offer of assistance from the parliamentary ombudsman by requesting certain background material to which her report refers. Fifthly, he has replied to correspondence from numerous policyholders and former policyholders. Sixthly, he has interviewed applicants for appointment as actuarial adviser so that his office will have the expert technical support needed. The proposed appointment involves a number of commercial and technical issues that the Treasury is now addressing with its legal advisers. It is hoped that an actuarial adviser can be appointed shortly. Sir John expects to establish a website through which interested parties can keep informed of his work as it progresses and make representations to his office."
Why, oh why wasn't this job given to the Financial Services Compensation Scheme? It has an office, it has staff, it has actuarial experts and it has a website. It also has a track record of moving quickly to deal with unexpected problems that, strictly, fall outside of its terms of reference. Its speedy response to being tasked with sorting out the compensation for people caught by the failure of the Icelandic banks was, for instance, recently praised by the Treasury Select Committee. It was prepared to take on a similar task for Equitable Life. Why wasn't it asked? Simply because it would have meant the Treasury having to put a figure on the sum it was prepared to set aside for compensation. It can't go on ducking this for ever.
The second point that comes out of this debate is a constitutional one that touches on the current crisis over MPs' expenses. Several members who spoke during the debate highlighted the constitutional position of the Parliamentary Ombudsman. It is her reports on Equitable Life that the government keeps ignoring and dismissing. The Ombudsman was set up the scrutinise the work of government and Parliament, specifically to deal with complaints from the public. It is independent and it therefore holds the government and its departments to account on behalf of the public. Almost as Mr Pearson was dismissing the latest Ombudsman's report on Equitable Life the Prime Minister was on his feet at a Downing Street press conference announcing yet another body to offer independent oversight of Parliament - this time specifically of MPs, their pay and expenses. How can anyone have confidence in that if the government keeps ignoring the organisations already meant to be holding it to account?
Sadly, there does not seem to be any resolution to the Equitable Life crisis in sight. If the estimates of another two and a half years before any payments are made are anywhere near right and it is the case that 15 policyholders die every day, then we are looking at nearly 14,000 more people who will die without ever having had their claim for compensation even considered. Where is the justice in that?
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