£1.5bn is the best deal Equitable Life policyholders will get

18 Oct 2010

The £1.5bn that the government has put on the table to settle the long-running Equitable Life saga is a good deal. I know the policyholders' groups don't see it that way but in the current economic climate the prospects of getting the £6bn plus they now say they were hoping for are remote.

The compensation demanded by the policyholders has steadily crept up in the many years I have been following this scandal. When the action groups first held meetings with MPs to lobbying for a settlement they were talking about £2bn. Then, as the campaign gained momentum this jumped to £4bn, a figure which although high, seemed to find some acceptance among those campaigning alongside the policyholders and which was broadly endorsed by the Parliamentary Ombudsman in her report in 2008. Now, the demands have jumped again and £6bn is being bandied around as a 'fair' settlement.

The trouble is no-one really knows as it depends on alot of assumptions and quite a few subjective judgements, key among which is how far the old maxim of caveat emptor (buyer beware) should have applied to a group of policyholders generally better off and better informed than the average investor when buying products that had some of that "too good to be true" lustre that is frequently found on so-called top-performing financial products. Beyond that difficult question, there is the almost insoluble problem of separating how far Equitable's demise was down to bad management (not compensatable by government) and how much was down to regulatory failure, for which the government should be expected to pick up the tab.

After years of debate and delay by the last government, we do at last have a substantial offer on the table, one that is three times the size of that recommended by Sir John Chadwick just three months ago in his report commissioned by the outgoing government. It is a decent offer and one that allows both the Conservatives and Liberal Democrats to say they have delivered their election manifesto pledges to compensate the policyholders and to do so quickly. This will mean largely ignoring last week's report from the House of Commons' Public Administration Select Committee which urged the government to re-engage Sir John Chadwick with revised terms of reference based on the earlier report by the Parliamentary Ombudsman. I really can't see where this would get anyone. If asked a new set of questions, Sir John would probably come up with a higher figure than the £400m to £500m in his July report but how long would that take and, if his recommendation was significantly above the £1.5bn now on the table, how likely would the government be to throw more money into the pot? Let me hazard some answers to those two questions: it would take too long and the government will not increase its offer when it is massively reducing public expenditure.

It is time to accept that this is the closing chapter of another sad story of failure in the UK financial services market.
 

A glimmer of light at last at the end of the Equitable Life tunnel

18 Mar 2010

Tuesday evening saw yet another debate on Equitable Life in the House of Commons. It was on a motion tabled by the Conservative front bench:

That this House notes that the Ombudsman published her report on Equitable Life in July 2008, that the Government did not make its response until January 2009, and that its rejection of some of her findings was successfully challenged in the High Court; believes that the delays caused by the Government since the publication of the Ombudsman's report have led to further and unnecessary hardship for Equitable Life's policyholders and have done further damage to the UK's savings culture; and calls on the Government to set a clear timetable for implementing the Ombudsman's recommendations and remedying the injustice suffered by policyholders.

There was an amending motion from the Government:

That this House recognises the vital role the Ombudsman plays in public life; reaffirms the duty of Parliament to support the office of the Ombudsman; notes that the High Court ruled that the Government's response to the Ombudsman's recommendations on Equitable Life, its establishment of an ex gratia payment scheme, and the terms of reference given to Sir John Chadwick were a rational response to the Ombudsman's report; notes that Sir John expects to produce his final advice in May; welcomes the Government's commitment to respond with details of a payment scheme within two weeks of receiving this advice; welcomes the Government's determination to establish a scheme administratively quicker and simpler to deliver than that envisaged by the Ombudsman; further notes that to abandon the Chadwick process so close to completion would add delay and hardship for policyholders; welcomes the Government's view that, while it cannot prejudge Sir John's final advice, there is a strong case for policyholders who have passed away to be included in the scheme and that it is neither desirable nor administratively feasible to means-test every individual policyholder; and recognises the impact and significant distress that maladministration and injustice have caused in respect of Equitable Life.

Despite several Labour MPs making speeches very hostile to the Government, with Barry Gardiner (Brent North) being the most forceful and eloquent, the Government motion was passed by 291 votes to 236 votes. Those are the hard facts and anyone who has followed the Equitable Life saga since the mid-1990s will be inclined to let out a sigh of despair and conclude that nothing much has changed and that the 1.5 million policyholders - average age now 79 - are still no nearer knowing what compensation, if any, they will receive. That would be an unduly pessimistic view.
What struck me about the debate was the degree of consensus between the Tory and Labour frontbenches, not about where we have been with this but where we go next. Despite the wording of their motion, the Tories agreed that the process now being overseen by Sir John Chadwick should be allowed to run its course, not abandoned in favour of starting again with the conclusions of the Parliamentary Ombudsman's report. Sir John's final report is due in mid-May and the government promised a response within 14 days with a timetable for implementing his recommendations. Of course, this may be a pledge that the Conservatives inherit but they gave no indication during the debate that they were unhappy with it.
What the opposition team led by shadow Treasury spokesman Mark Hoban said was that they would hope that, if the Chadwick review is genuinely independent, it will come up with some proposals that are nearer to the original Ombudsman's report than so far supported by the Government. Of course, there are severe doubts among policyholders that Chadwick is anything other than a Treasury stooge working to a brief to come up with the most limited, cheapest scheme he feels he can get away with. This view was forcefully articulated by the Equitable Members' Action Group in the wake of the publication of Sir John's third report a couple of weeks ago. This seems rather harsh in the light of the proposals for streamlining the compensation process by marshaling the policyholders into around 20 groups with similar characteristics and suggesting that rather than work through each case individually (an estimated 30 million investment decisions would be involved), the compensation ought to be awarded on a generic basis depending on which sub-groups they fall into. The Government through the Chief Secretary to the Treasury, Liam Byrne, praised this approach while the Tories remained tight-lipped on it. They preferred to highlight the lack of confidence that policyholders have in Sir John Chadwick, stopping well short of laying into him themselves.
Mr Byrne made by far the most conciliatory speech of any Government minister on Equitable Life. He made two key points which ought to be widely welcomed: he ruled out means testing as a way of judging who should get compensation and he more or less committed the Government to offering compensation to the estates of deceased policyholders.
There are still many unanswered questions though, not least what compensation will be offered and how long it will take to distribute. There was talk on both sides of the House of moving very quickly when it comes to getting money into the hands of priority groups although no consensus on what those groups would be and no firm information on the mechanism that will be used (or put in place from scratch), although I was pleased to see one Labour MP, Sally Keeble, did suggest using the established mechanism of the Financial Services Compensation Scheme. I have thought for sometime that this is the most logical solution.
There was a concerted push by the Liberal Democrats to extract a commitment to make interim payments to policyholders but this didn't win enthusiastic support from the Tories and was ruled out by the Government.
The conclusion I have come to on reading through the debate in Hansard a few times is that there is now very little difference in the position of Labour and Conservative front benches, although the Tories hint at a more generous settlement should Chadwick fall short of their hope that he will recommend a scheme similar to that envisaged by the Ombudsman last year. Attempts by Government ministers to get the Tories to be specific on this commitment forced Mark Hoban onto the defensive with the plea "We do not know what the bill will be". He almost sounded for a moment as he was practicing for when he might be a minister himself. One thing I have learnt to refrain from referring to any twist or turn in this sorry tale as the 'final chapter' again.
 

Little progress on Equitable Life but pressure could build up to move the Treasury

25 Jun 2009

The debate on Equitable Life in Westminster Hall yesterday ran along pretty predictable lines with MPs of all parties giving eloquent voice to the raw anger of their constituents over the length of time it is taking to get them any sort of compensation for the failure of Equitable Life. This was followed by further stone-walling on the part of the Treasury, this time in the shape of Sarah McCarthy-Fry who only found herself as a Treasury minister because Kitty Usher was forced to resign last week. I think it shows a degree of contempt for the Equitable Life policyholders on the part of the government that they send a different minister along every time this is debated, often to read out more-or-less the same speech as the previous minister.
There was some relief on the part of MPs that the high court judge appointed by the government to oversee the very limited "compensation" scheme it has announced, Sir John Chadwick, appears to have rejected means-testing policyholders in his first consultation paper. This is seen as a glimmer of hope that he will be adopting a commonsense approach, albeit within a woefully restricted remit.
Where there might be more hope for the policyholders is in the feeling that seemed to run through many of the contributions that the failure of the government to accept the recommendations of the Parliamentary Ombudsman on this is an issue that should be put to the vote in the House of Commons. There is an Early Day Motion on the topic put down by Vince Cable that has attracted the support of 275 MPs - a very high number for an EDM. In the new mood being fostered by the new Speaker who wants the government held to account by Parliament, there is a feeling that this motion should be pushed to a vote. I don't know how likely this is to happen and whether the government would be defeated if it did but it could be something for the Equitable Members Action Group to work on. If they do, they might look at how many Labour MPs they have on their side.
The debate yesterday was initiated by a Labour MP, Fabian Hamilton (NE Leeds), but only one other Labour MP spoke - Barry Gardiner (Brent North). Both spoke very well, balanced and with authority, but contrast that with seven Conservative contributions, eight Liberal Democrat speeches and even two out of the five Independent MPs. This apparent lack of interest among Labour MPs is probably encouraging the Treasury in its stubborn refusal to accept the Ombudsman's recommendations.

About the Author

david-worsfoldDavid has been a financial journalist for 30 years and is currently Group Editorial Services Director at Incisive Media.

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