Ten suggestions to clean up UK banking
25 Sep 2012
A 492-page file of written evidence to the
Parliamentary Commission on Banking Standards, released last week, offered
insight into how the UK's banks are viewed by fund managers, university
professors, think-tanks and bankers themselves.

The government-mandated Commission on Friday published
written evidence from 47 institutions in response to its call for suggestions on
how to fix the UK's broken banking culture.
Here, Financial News highlights 10 themes that emerge from
the evidence, which can be read in full here [ http://bit.ly/QyLKYs ].
1) Whistleblowing
Banks should clarify their policies on whistleblowing and
actively promote them from the top down, according to the charity Public Concern
at Work, which has dealt with over 13,000 whistleblowers since its inception in
1993. The charity said that, despite the mass media coverage of banking
scandals, it has not seen the rise in financial services whistleblowers that it
has witnessed in other industries. It highlighted the US’s stance on
whisteblowing – under the False Claims Act whistleblowers can receive up to 30%
of any monies recovered by authorities.
2) Corporate governance
The UK should consider introducing an equivalent of the
US’s Sarbanes-Oxley Act of 2002, the Chartered Financial Analyst Society
suggested. The act was introduced in response to a number of accounting scandals
– including Enron, WorldCom and Peregrine Systems – to clean up US corporate
governance. “SOX-type laws have been subsequently enacted in [other countries]
and have done much for improving the confidence of fund managers and other
investors with regard to the veracity of corporate financial statements,” said
the CFA.
3) Pay standards
Banks should be forced to disclose the pay ratios between
executive directors and employees as part of annual accounts, according to Unite
the Union, the UK’s largest trade union. Bankers should be incentivised on
service, not sales, to avoid a repeat of the PPI mis-selling scandal, the union
said. Many other respondents also agreed with this suggestion, including Lloyds,
the Financial Service Authority and the Investment Management Association.
4) Bank boards
Banks need more diverse non-executive directors to
challenge “strong and forceful” chief executives and automatically ban directors
of failing banks, as per Lord Turner’s suggestion, said Virgin Money. Sir
Richard Greenbury, former chairman and chief executive of Marks & Spencer,
had said in 2009 that there was "a good chance" that a two-tier board would have
prevented the collapse of RBS by challenging and curbing the actions of chief
executive Fred Goodwin.
5) Retail vs investment banking
The Vickers report has proposed that banks should
ring-fence their retail and investment banking activities, but professors Shyam
Sunder from the Yale School of Management, and Stella Fearnley from Bournemouth
University, as well as think tank Centre for Research on Socio-Cultural Change,
want to take it one step further. They have proposed prohibiting investment
banking and retail banking within the same organisation because a ring-fence
cannot guarantee total separation of the two banks. Paul Volcker told the Daily
Telegraph last week that ring-fencing does not work in times of pressure.
6) Set up a Chartered Institute of Bankers
In its submission, Barclays proposed setting up a new
institute to oversee bankers and a register of approved bankers and their roles.
It would be funded by industry subscription but would not act as an advocate for
the industry, rather than take the lead in developing industry standards. It is
not immediately clear how the institute would differ from the current set-up
under which UK bankers must register with, and are subject to scrutiny by, the
Financial Services Authority.
7) Beat bullying
Former Barclays banker Jan Duijsters said that industry
behaviour such as forcing individuals to work alone, being labelled as
‘negative’ or as having an attitude problem for voicing criticisms has amounted
to an “abysmal UK banking culture”. Duijsters worked at Barclaycard from 1980 –
2000, where he alleged that "traditional banking culture" was steadily replaced
by “the Bob Diamond-type of culture”. He accused the bank of employing bullying
tactics. Duijister said: “Cronyism was widespread. Several members of management
sported extremely fancy job titles but did not have any discernable jobs to go
with them, while others had no obvious knowledge of, or even interest in,
finance and banking.”
A Barclays spokesman said: “We do not comment on
individual submissions to the Parliamentary Commission.”
8) Scale down banks
The challenges in running big banks are so significant
that they should be scaled down over time so they can be managed more
effectively and to prevent the "too big to fail" problem, said fund manager
Hermes. The Centre for Research on Socio-Cultural Change also called for smaller
banks with new business models, in particular a break-up of retail oligopolies.
9) Abolish free banking
Banks should introduce cultural change programmes to move
bankers away from a short-term sales culture to relationship-style banking, but
this would be costly, said the Worshipful Company of International Bankers, a
London livery company for financial professionals. Therefore, banks should start
charging customers for retail banking services. Other respondents also called
into question the free banking model while Lord Turner, the FSA chairman, Martin
Wheatley, chief executive designate of the Financial Conduct Authority and
Andrew Bailey, director of the FSA’s Prudential Business Unit, have all
suggested in one form or another that free in-credit banking needs to be
addressed.
10) Beef up criminal sanctions
Excessive risk-taking should be a criminal offence, said
the Church of Scotland. “Many at the top in banking have reaped rich financial
rewards, with no threat of prosecution.” The number of financial offences that
can also be classed as criminal offences should be extended, said Robert
Pringle, chairman and founder of Central Banking Publications. The Trades Union
Congress also called for criminal sanctions for criminal misconduct in the
management of banks.
--write to farah.khalique@dowjones.com
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