Fourth Report - The Financial Conduct Authority’s Regulation of London Capital & Finance plc
Select Committee
Treasury Committee
HC 149
24 June 2021
Government response
Second Special Report: The Financial Conduct Authority's Regulation of London Capital & Finance plc: responses to the Committee's Fourth Report of Session 2021-22 · published 13 Sep 2021
Recommendations & Conclusions
17 results
1
Conclusion
Not Addressed
Para 31
It is not immediately clear that Mr Bailey’s concerns about the distinction between “responsibility” and...
Conclusion
It is not immediately clear that Mr Bailey’s concerns about the distinction between “responsibility” and “culpability” in Dame Elizabeth’s draft report would have “compelled” him to make his “free-standing” objection. However we accept that it is likely that his strong …
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Government Response Summary
The government response describes the FCA's holistic recruitment approach for senior leadership roles, including internal succession planning and global searches, but does not address the committee's conclusion regarding Mr. Bailey's objections or the 'responsibility' versus 'culpability' distinction.
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2
Conclusion
Not Addressed
Para 41
We welcome the FCA’s approach to recruitment for some senior executive roles, which involved global...
Conclusion
We welcome the FCA’s approach to recruitment for some senior executive roles, which involved global searches, but we believe that the FCA was wrong not to have engaged in a fuller recruitment programme for the Executive Director for Transformation role, …
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Government Response Summary
The government response discusses the application of Senior Managers Regime principles to FCA senior managers and its impact on accountability and variable remuneration for control failings, but does not address the committee's specific criticism regarding the recruitment process for the Executive Director for Transformation role.
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4
Recommendation
Not Addressed
Para 43
We recommend that the default position should be that the FCA take a holistic approach...
Recommendation
We recommend that the default position should be that the FCA take a holistic approach when recruiting for critical roles, rather than engaging in a restricted recruitment process. For time-critical appointments, the FCA should consider appointing on an interim basis …
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Government Response Summary
The government's response provides a general update on the FCA's transformation and business plan, but it does not specifically address the recommended changes to recruitment processes for critical roles or the use of interim appointments.
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6
Conclusion
Not Addressed
We recognise that the demands of some of these senior executive positions at the Financial...
Conclusion
We recognise that the demands of some of these senior executive positions at the Financial Conduct Authority are heavy, and that individual accountability for organisational failings may deter strong candidates from applying for them. But an over-reliance on collective responsibility …
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Government Response Summary
The government response focuses on ensuring consumer awareness of risks in unregulated activities, preventing misleading impressions of regulation, and the 'Use it or Lose it' exercise to remove unused firm permissions, but does not address the committee's concerns regarding senior executive accountability within the FCA.
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7
Conclusion
Not Addressed
Para 63
The FCA plays a vital role as the UK’s financial conduct regulator and prudential regulator...
Conclusion
The FCA plays a vital role as the UK’s financial conduct regulator and prudential regulator for most financial services firms. Its work affects millions of financial services customers and it is important that it has the right culture to facilitate …
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Government Response Summary
The government response outlines its annual perimeter report and engagement with the Treasury on perimeter issues, without addressing the committee's conclusion regarding the FCA's culture and the need for it to be more proactive, agile, and decisive.
HM Treasury
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8
Recommendation
Not Addressed
Para 64
We welcome the FCA’s ongoing transformation programme which has cultural change as one of its...
Recommendation
We welcome the FCA’s ongoing transformation programme which has cultural change as one of its priorities. We however note that the FCA has undergone numerous structural and operational changes since its inception, with more changes expected as part of the …
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Government Response Summary
The government's response focuses on the regulatory perimeter and interaction with HM Treasury, providing no specific commitment or discussion regarding the FCA setting an end date, public milestones, or cultural maintenance for its transformation programme.
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9
Conclusion
Not Addressed
Para 75
The FCA accepts that there were failings in the contact centre during the Relevant Period...
Conclusion
The FCA accepts that there were failings in the contact centre during the Relevant Period as identified in Dame Elizabeth’s report, and has begun taking steps to address these. We welcome the operational improvements that have been made since the …
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Government Response Summary
The government response discusses the FCA's resource allocation, regulatory perimeter changes, business plan, and fees consultation, but does not address the committee's conclusion about contact centre failings or welcomed operational improvements.
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10
Recommendation
Not Addressed
The FCA should ensure that it keeps its contact centre policies and training up to...
Recommendation
The FCA should ensure that it keeps its contact centre policies and training up to date to ensure clarity and consistency, not just in relation to firms such as LCF but to the wider organisation. (Paragraph 76) The regulatory perimeter …
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Government Response Summary
The government's response discusses the FCA's surveillance work, partnerships with law enforcement, and a forthcoming perimeter report, completely failing to address the recommendation regarding contact centre policies and training.
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11
Conclusion
Not Addressed
The case of LCF illustrates how important it is that the FCA looks at a...
Conclusion
The case of LCF illustrates how important it is that the FCA looks at a regulated firm’s activities both within and outside the perimeter of regulation. The FCA’s failure to consider issues raised in LCF’s unregulated bond business led to …
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Government Response Summary
The government's response discusses the complexities of reconfiguring the FCA to prosecute fraud and its limitations in this area, rather than addressing how the FCA will improve its oversight of firms' activities both within and outside the regulatory perimeter to avoid missing red flags.
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12
Recommendation
Not Addressed
Para 93
The “halo effect” appears to be inevitable as long as authorised firms also carry out...
Recommendation
The “halo effect” appears to be inevitable as long as authorised firms also carry out unregulated activities. We reiterate the recommendation made by our predecessors that the FCA should ensure that it requires authorised firms to make clear explicitly the …
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Government Response Summary
The government's response detailed the permanent ban on mass marketing of Speculative Illiquid Securities and ongoing consultations on the Prospectus Regulation, but did not address the recommendation for the FCA to require authorised firms to explicitly state risks associated with their unregulated activities.
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13
Recommendation
Not Addressed
Para 94
In future, the FCA should set out in its annual perimeter report how its supervisory...
Recommendation
In future, the FCA should set out in its annual perimeter report how its supervisory strategies and policies reflect the activities of authorised firms both within and outside the perimeter.
Government Response Summary
The government response discusses improving consumer support and guiding consumers towards better investment decisions through ongoing work, but does not address the recommendation for the FCA to detail its supervisory strategies in its annual perimeter report.
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14
Conclusion
Not Addressed
Para 95
The perimeter is complex, and while the FCA has some limited powers to act beyond...
Conclusion
The perimeter is complex, and while the FCA has some limited powers to act beyond the perimeter, it does not have the remit to actively monitor or intervene outside the perimeter. We recognise the need for the FCA to make …
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Government Response Summary
The government's response focuses entirely on the LCF compensation scheme and complaints, without addressing the conclusion regarding the complexity of the regulatory perimeter or the FCA's limited powers and resources beyond it.
HM Treasury
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15
Conclusion
Not Addressed
Para 96
We welcome the ongoing dialogue between the Treasury, the FCA, and other financial regulators on...
Conclusion
We welcome the ongoing dialogue between the Treasury, the FCA, and other financial regulators on the perimeter, but the failings in the FCA’s regulation of LCF and constant movement of the perimeter are signs that further action is required.
Government Response Summary
The government response provides an update on the individual consideration and resolution of LCF complaints, promising a further update to the Committee by 30 September 2021. It does not address the committee's broader points about ongoing dialogue on the perimeter or the need for further action concerning perimeter movement.
HM Treasury
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17
Conclusion
Not Addressed
Para 103
Both the FCA and the Treasury accept that the scope of the FCA’s remit is...
Conclusion
Both the FCA and the Treasury accept that the scope of the FCA’s remit is broad and continues to increase. The breadth of the scope has had some operational impacts on the FCA’s ability to carry out its work. We …
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Government Response Summary
The government response discusses concerns about Financial Promotion Order exemptions for high-net-worth and sophisticated investors, highlighting them as a vulnerability requiring legislative changes. It does not address the committee's conclusion regarding the FCA's broad remit or the timescales for its transformation programme.
HM Treasury
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18
Recommendation
Not Addressed
Para 104
If the FCA Board were to set itself an end date for the transformation programme,...
Recommendation
If the FCA Board were to set itself an end date for the transformation programme, as we recommend in Chapter 2, the Treasury would have a clear indication of when to begin its consideration of the scope of the FCA’s remit.
Government Response Summary
The government's response discusses online financial scams and Google's recent policy changes, and the need for legislation, completely failing to address the recommendation regarding the Treasury's consideration of the FCA's remit linked to the FCA's transformation programme.
HM Treasury
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19
Recommendation
Not Addressed
Para 105
Any changes to the perimeter must be matched with appropriate changes in the FCA’s resources,...
Recommendation
Any changes to the perimeter must be matched with appropriate changes in the FCA’s resources, and the FCA should republish its priorities. The Treasury should publish a policy statement on how it will analyse changes to the FCA’s perimeter and …
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Government Response Summary
The government's response focuses on ongoing work with online platforms to combat financial scams and the Online Safety Bill, rather than addressing the committee's specific recommendation regarding FCA resources and the Treasury's perimeter policy statement.
HM Treasury
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38
Recommendation
Not Addressed
Pending any legislative changes, the FCA should continue to work with online platforms such as...
Recommendation
Pending any legislative changes, the FCA should continue to work with online platforms such as Google to remove misleading and fraudulent adverts as quickly as possible, to protect customers from scams. (Paragraph 193) The Financial Conduct Authority’s Regulation of London …
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Government Response Summary
The government's response focuses on the inclusion of fraud in the Online Safety Bill, upcoming consultations on online advertising, and a wider Fraud Action Plan, but does not explicitly state that the FCA will continue working with platforms to remove misleading adverts quickly.
HM Treasury
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