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Lord Davies of Oldham

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Davies of Oldham, Lord (25)

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My Lords, this is a matter for the independent regulator—the Financial Services Authority—and the courts. The Financial Services Authority sets the rules covering the management of with-profits funds. It requires firms pursuing reattributions to appoint an independent policyholder advocate to represent policyholders in negotiations with the firm. On completion of the negotiations, the FSA will assess the fairness of the deal and make public its conclusion on what fair treatment would require for consumers. Policyholders have a right to vote on the proposal.
Answered by
Lord Davies of Oldham (Labour)
Type
Oral answers to questions
Date
22 April 2008
Reference
700 c1382
House
House of Lords
My Lords, I am grateful to my noble friend for his question. There is a distinction between the distribution of surplus funds, which has followed and does follow the broad principle of 90 per cent to policyholders and 10 per cent to shareholders, and the issue of reattribution which arises in the Norwich Union case. This is because reattribution involves the buyout of policyholders and raises the issue of the company’s necessary assets for the future as well as accumulated assets in the past; it raises different issues. That is why the FSA scrutinises these arrangements with great care, as I indicated in my Answer. Negotiations are still going on between Norwich Union and the policyholder advocate. We await the outcome of those negotiations.
Answered by
Lord Davies of Oldham (Labour)
Type
Oral answers to questions
Date
22 April 2008
Reference
700 c1382
House
House of Lords
My Lords, I emphasise again the distinction I sought to make in my Answer. Where bonuses are paid on surplus funds, the allocation is generally on the basis of 90 per cent to policyholders and 10 per cent to shareholders, a formula that the FSA has recommended. The difficulties occur on reallocation, when shareholders are buying out policyholders. In that context, not just the interests of existing policyholders but the future operations of the company have to be taken into account. That is why the formula there is bound to be different from the 90 per cent plus 10 per cent that obtains on straight surpluses.
Answered by
Lord Davies of Oldham (Labour)
Type
Oral answers to questions
Date
22 April 2008
Reference
700 c1383
House
House of Lords
My Lords, there is nothing ever wrong in reminding the FSA of its obligations. That occurs from time to time, in this House as elsewhere, but the FSA is well aware of its responsibilities. At present it is carrying out consultation on whether the costs of compensation for mis-selling claims should be included in the settlement for the shareholders. As the House will appreciate, the Treasury Select Committee in the other place, to which the FSA will be obliged to give evidence, is also looking at these issues.
Answered by
Lord Davies of Oldham (Labour)
Type
Oral answers to questions
Date
22 April 2008
Reference
700 c1382-3
House
House of Lords
My Lords, I take solace from the fact that the noble Lord finds these issues difficult and complicated. I emphasise that the FSA is the statutory body concerned with this regulation. It has not had complaints about the distribution of surplus funds. There is no doubt that the issues on reattributions are more complex, but we have a clear framework for the FSA to work within. The policyholders will see the FSA judgment on the allocation that is made and they have the right to vote against the proposals if they find them unacceptable—they can even go to court. We recognise that there are difficulties in this area, but regulation means a regulator independent of government, and that is what the FSA is there for.
Answered by
Lord Davies of Oldham (Labour)
Type
Oral answers to questions
Date
22 April 2008
Reference
700 c1383
House
House of Lords
My Lords, if surpluses accrue in insurance companies, it is expected that they will be distributed. Such surpluses are unlikely to accrue in difficult times and are more likely to do so in more beneficial economic times. Several companies have surpluses at present, which is why my noble friend asked his Question.
Answered by
Lord Davies of Oldham (Labour)
Type
Oral answers to questions
Date
22 April 2008
Reference
700 c1383-4
House
House of Lords
What steps they are taking to ensure a fair result for policyholders in the current negotiations over the reattribution of the inherited estates of with-profits funds.
Asked by
Lord Joffe (Labour)
Oral questions - Lead
Status
Answered
Date
22 April 2008
Reference
700 c1382
House
House of Lords

asked Her Majesty's Government:What is their response to CRA International's analysis Commercial insurance commission disclosure: Market Failure Analysis and high level Cost Benefit Analysis, commissioned by the Financial Services Authority.

Asked by
Lord Newby (Liberal Democrat)
Type
Written questions
Status
Answered
Date
19 February 2008
Reference
1896; 699 c41-2WA
House
House of Lords

What discussions they have had with the Association of Insurance and Risk Managers in Industry and Commerce on the establishment of a government insurance scheme for exceptional risks.

Asked by
Lord Rotherwick (Conservative)
Type
Written questions
Status
Answered
Date
5 December 2007
Reference
571; 696 c205WA
House
House of Lords

asked Her Majesty's Government:Whether they have made an assessment of (a) the costs, and (b) the benefits of establishing one government insurance scheme for exceptional risks (as operated in Spain) to cover the costs of those (i) uninsured, or (ii) unable to obtain insurance from the private sector; and

Asked by
Lord Rotherwick (Conservative)
Type
Written questions
Status
Answered
Date
5 December 2007
Reference
570; 696 c205WA
House
House of Lords

Whether they will recommend that the Financial Services Authority should require the compulsory disclosure, to the small business consumer, of any or all contingent commissions, including profit and volume-related incentives, between insurance providers and insurance distributors.

Asked by
Lord Harrison (Labour)
Type
Written questions
Status
Answered
Date
26 July 2007
Reference
4995; 694 c118WA
House
House of Lords

asked Her Majesty's Government:Whether they will support the extension of the Financial Services Authority's recommendation for compulsory commission disclosure by independent financial advisers to include general and business insurance distributors, including brokers; and

Asked by
Lord Harrison (Labour)
Type
Written questions
Status
Answered
Date
26 July 2007
Reference
4994; 694 c118WA
House
House of Lords

asked Her Majesty's Government:Whether they have assessed the role which the insurance industry is playing in dealing with recent flood damage and, in particular, (a) its share of the financial burden, and (b) its assistance to policy holders and local authorities during the crisis.

Asked by
Lord Sheikh (Conservative)
Type
Written questions
Status
Answered
Date
17 July 2007
Reference
4753; 694 c11WA
House
House of Lords

Victims of Overseas Terrorism Bill (HL). Lords second reading debate. Agreed to on question and committed to a Committee of the Whole House.

Lead member
Lord Brennan
Answering member
Lord Davies of Oldham
Type
Debates on bills
Date
20 April 2007
Reference
691 c447-62
House
House of Lords

asked Her Majesty's Government:Whether the carers of disabled passengers are insured should an accident occur when assisting the passenger in alighting the train using the disabled ramps provided by the station.

Asked by
Baroness Masham of Ilton (Crossbench)
Type
Written questions
Status
Answered
Date
6 December 2006
Reference
181; 687 c145WA
House
House of Lords
Answered by
Lord Davies of Oldham (Labour)
Type
Oral answers to questions
Date
12 October 2004
Reference
665 c114
House
House of Lords
Answered by
Lord Davies of Oldham (Labour)
Type
Oral answers to questions
Date
12 October 2004
Reference
665 c114
House
House of Lords
How they propose to respond to the Civil Aviation Authority's 'Advice on Financial Protection for Air Travellers and Package Holidaymakers in the Future'.
Asked by
Lord Faulkner of Worcester (Labour)
Oral questions - Lead
Status
Answered
Date
12 October 2004
Reference
665 c114
House
House of Lords
Answered by
Lord Davies of Oldham (Labour)
Type
Oral answers to questions
Date
20 November 2003
Reference
654 c2046-7
House
House of Lords
Answered by
Lord Davies of Oldham (Labour)
Type
Oral answers to questions
Date
20 November 2003
Reference
654 c2046-7
House
House of Lords