Call for greater consumer protection initiatives to prevent misconduct in European banking

GLC's Principal Solicitor has called upon the European Banking Authority (EBA) to make greater use of its Article 9 consumer protection mandate to help prevent misconduct in banking across the European Union (EU).

In a presentation to the Board of Supervisors of EBA in London yesterday, Mike Dailly noted that EBA had and was undertaking good measures in relation to inappropriate sales incentives and financial stability, however, business misconduct had now become a systemic, macro-prudential risk.

The cost of misconduct from the world’s top 10 banks was £150bn (2008-12) including fines for mis-selling, LIBOR and EURIBOR manipulation, breach of money laundering rules, and non-regulatory compliance. Mis-selling through inappropriate sales incentives schemes was at the heart of the problem and was an ongoing issue.

For example UK mis-sold payment protection insurance compensation payments were over £28bn and rising; in Spain compensation for mis-sold hybrid securities was at €2.9bn; in the Netherlands compensation for customers of the failed DSB Bank totalled €215m; the cost of the bail out of Banco Espirito Santo  in Portugal was €2.1bn; while Deutsche Bank AG was fined £227m last week by the UK's FCA for LIBOR and EURIBOR manipulation and repeatedly misleading the regulator's investigation.

GLC's Mike Dailly suggested a range of initiatives including greater legal accountability of banking executives; a binding ethical code of practice as part of a drive towards professionalism; more meaningful and targeted disclosure to empower consumers and minimise financial detriment; EU market studies on access, quality and pricing of personal current accounts, and analysis of cross-border barriers to banking; all backed up with appropriate legal guidelines and recommendations under Article 9 of Regulation (EU) No. 1093/2010.

Call for greater consumer protection initiatives to prevent misconduct in European banking

GLC's Mike Dailly appointed to the Board of the UK's Money Advice Service

The Financial Conduct Authority has appointed Govan Law Centre's Mike Dailly as a non-executive director of the Money Advice Service's Board, along with two other new non-executive directors, Caroline Fawcett and Nicola Bruce. All three appointments commence on 1 April.

Andy Briscoe, Chair of the Money Advice Service said: “I am delighted to welcome our new non-executive directors onto the Board. Between them they bring extensive experience of financial services and also considerable knowledge of the debt advice sector. They will bring valuable insight to the Money Advice Service and their joining us strengthens the Board as recommended by the Farnish review.”

"Raising the financial capability of the UK population is at the heart of everything we do at the Money Advice Service. Our 2015/16 business plan reflects our focus on helping consumers to plan ahead for key life events such as buying a home, having a baby or for retirement".

"Debt advice is also a key priority, encouraging more people to seek advice and continuing to raise standards across the sector. Our new board members are well placed to guide and support our talented executive team in taking forward this challenging but vital agenda.”

The Money Advice Service is an independent organisation. Set up by government to help people make the most of their money, it gives free, unbiased money advice across the UK – online, over the phone and face to face. Paid for by a statutory levy on the financial services industry, raised through the Financial Conduct Authority, its statutory objectives are to enhance the understanding & knowledge of members of the public about financial matters (including the UK financial system), and to enhance the ability of the public to manage their own financial affairs.

GLC's Mike Dailly appointed to the Board of the UK's Money Advice Service