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To ask Her Majesty’s Government what regulatory actions were taken in the United Kingdom in connection with HSBC as a consequence of the fines imposed in the United States in response to its involvement in money laundering on behalf of Mexican drug cartels.
To ask Her Majesty’s Government what regulatory actions were taken in the United Kingdom in connection with HSBC as a consequence of the fines imposed in the United States in response to its involvement in money laundering on behalf of Mexican drug cartels.
I can confirm to the Noble Lord that the information I provided him in response to his written question answered on 17th June 2013 remains accurate:
US investigations and enforcement action on HSBC focused on their subsidiaries in the US. The Financial Conduct Authority (FCA) has no direct supervisory remit over these HSBC entities.
However, in conjunction with the action taken by the US, the (then) FSA, as lead regulator for the HSBC Group globally, made a number of requirements of HSBC Holdings plc, designed to ensure that all parts of the HSBC Group are compliant with the relevant legal and regulatory requirements across the Group to prevent similar failings occurring in future.
This included requiring a committee of the HSBC Board to oversee matters relating to anti-money laundering, sanctions, terrorist financing and proliferation financing; requiring the Group to revise its policies and procedures to ensure that all parts of the HSBC Group are subject to standards equivalent to those required under UK requirements; HSBC employing an independent monitor to oversee the Group's compliance with UK anti-money laundering, sanctions, terrorist financing and proliferation financing requirements and to provide independent reporting to the HSBC Board committee and regulators. HSBC Holdings was also required to appoint a Group Money Laundering Reporting Officer (MLRO), with responsibility for ensuring that systems and controls are in place across the Group.
The FCA is closely monitoring the implementation of these requirements by HSBC.
To ask Her Majesty’s Government how many announcements of donations to charities from the funds received in penalties for the manipulation of Libor have been made by ministers.
To ask Her Majesty’s Government how many announcements of donations to charities from the funds received in penalties for the manipulation of Libor have been made by ministers.
Since June 2012, HM Treasury has received LIBOR fines from the Financial Conduct Authority (FCA), which the Chancellor has chosen to use to help and support those who demonstrate the very best values in our society. There have been announcements around LIBOR fines made at each Autumn Statement and Budget since 2012.
To ask Her Majesty’s Government how much was received by HM Treasury from the banks in penalties for the manipulation of Libor.
To ask Her Majesty’s Government how much was received by HM Treasury from the banks in penalties for the manipulation of Libor.
Since June 2012, the Treasury has received LIBOR fines from the FCA; to date, they have imposed total fines in excess of £450 million relating to its investigations of LIBOR manipulation. This Government promised that this policy would reflect that those who have paid fines in our financial sector, because they demonstrated the very worst of British values, are paying to support those in our Armed Forces and emergency services who demonstrate the very best of British values. We are working with OGDs and relevant charities to ensure that all LIBOR fines received to date will be committed within the life of this Parliament.
The administration of LIBOR fines varies according to the type of organisation applying and receiving the money. In particular, where a Government Department, such as the MoD has been identified as the organisation best suited to deliver the outcome – for example, support for childcare at military establishments – normal Departmental processes have applied. In other circumstances – such as those in support of the Armed Forces Covenant, the Covenant Reference Group – a cross-Whitehall representative body which includes charity representation, provides the guidance on those areas where LIBOR funds could be used to best effect.
To ask Her Majesty’s Government what are the names of those people and organisations represented on the Advisory Board in respect of the money received in penalties for the manipulation of Libor.
To ask Her Majesty’s Government what are the names of those people and organisations represented on the Advisory Board in respect of the money received in penalties for the manipulation of Libor.
Since June 2012, the Treasury has received LIBOR fines from the FCA; to date, they have imposed total fines in excess of £450 million relating to its investigations of LIBOR manipulation. This Government promised that this policy would reflect that those who have paid fines in our financial sector, because they demonstrated the very worst of British values, are paying to support those in our Armed Forces and emergency services who demonstrate the very best of British values. We are working with OGDs and relevant charities to ensure that all LIBOR fines received to date will be committed within the life of this Parliament.
The administration of LIBOR fines varies according to the type of organisation applying and receiving the money. In particular, where a Government Department, such as the MoD has been identified as the organisation best suited to deliver the outcome – for example, support for childcare at military establishments – normal Departmental processes have applied. In other circumstances – such as those in support of the Armed Forces Covenant, the Covenant Reference Group – a cross-Whitehall representative body which includes charity representation, provides the guidance on those areas where LIBOR funds could be used to best effect.
To ask Her Majesty’s Government whether all money received in penalties for the manipulation of Libor is subject to the advice of the Advisory Board appointed by HM Treasury; and if not, what is the amount distributed outwith the recommendations.
To ask Her Majesty’s Government whether all money received in penalties for the manipulation of Libor is subject to the advice of the Advisory Board appointed by HM Treasury; and if not, what is the amount distributed outwith the recommendations.
Since June 2012, the Treasury has received LIBOR fines from the FCA; to date, they have imposed total fines in excess of £450 million relating to its investigations of LIBOR manipulation. This Government promised that this policy would reflect that those who have paid fines in our financial sector, because they demonstrated the very worst of British values, are paying to support those in our Armed Forces and emergency services who demonstrate the very best of British values. We are working with OGDs and relevant charities to ensure that all LIBOR fines received to date will be committed within the life of this Parliament.
The administration of LIBOR fines varies according to the type of organisation applying and receiving the money. In particular, where a Government Department, such as the MoD has been identified as the organisation best suited to deliver the outcome – for example, support for childcare at military establishments – normal Departmental processes have applied. In other circumstances – such as those in support of the Armed Forces Covenant, the Covenant Reference Group – a cross-Whitehall representative body which includes charity representation, provides the guidance on those areas where LIBOR funds could be used to best effect.
To ask Her Majesty’s Government how much of the money received in penalties for the manipulation of Libor has been distributed to charities.
To ask Her Majesty’s Government how much of the money received in penalties for the manipulation of Libor has been distributed to charities.
Since June 2012, the Treasury has received LIBOR fines from the FCA; to date, they have imposed total fines in excess of £450 million relating to its investigations of LIBOR manipulation. This Government promised that this policy would reflect that those who have paid fines in our financial sector, because they demonstrated the very worst of British values, are paying to support those in our Armed Forces and emergency services who demonstrate the very best of British values. We are working with OGDs and relevant charities to ensure that all LIBOR fines received to date will be committed within the life of this Parliament.
The administration of LIBOR fines varies according to the type of organisation applying and receiving the money. In particular, where a Government Department, such as the MoD has been identified as the organisation best suited to deliver the outcome – for example, support for childcare at military establishments – normal Departmental processes have applied. In other circumstances – such as those in support of the Armed Forces Covenant, the Covenant Reference Group – a cross-Whitehall representative body which includes charity representation, provides the guidance on those areas where LIBOR funds could be used to best effect.
To ask Her Majesty’s Government what records are kept of the way in which distributed money received in penalties for the manipulation of Libor is spent after it is received by charities.
To ask Her Majesty’s Government what records are kept of the way in which distributed money received in penalties for the manipulation of Libor is spent after it is received by charities.
The Treasury provides monies allocated as LIBOR fines to the relevant Government Department to administer on its behalf through the normal Estimates process. Full details of all transfers are provided in Departmental accounts.
To ask Her Majesty’s Government what auditing arrangements are made in relation to the money received in penalties for the manipulation of Libor and distributed by HM Treasury.
To ask Her Majesty’s Government what auditing arrangements are made in relation to the money received in penalties for the manipulation of Libor and distributed by HM Treasury.
Because the Treasury provides monies allocated as LIBOR fines to the relevant Government Department to administer on its behalf through the normal Estimates process the normal audit rules are in place as prescribed in Managing Public Money. The Accounting Officer for each Department is responsible for ensuring that the monies are distributed, accounted for and audited correctly.
To ask Her Majesty’s Government whether full accounts of the money received in penalties for the manipulation of Libor and distributed will be published.
To ask Her Majesty’s Government whether full accounts of the money received in penalties for the manipulation of Libor and distributed will be published.
The money received in penalties for the manipulation of LIBOR, net of enforcement costs, is accounted for in HMT’s annual report and accounts.
The Chancellor has announced that the funds collected from the LIBOR fines will be given to good causes, specifically military and other uniformed charities. The distribution of this funding is accounted for through the relevant department’s annual report and accounts.
To ask Her Majesty’s Government which government department receives the fines generated from the enforcement of O licences of goods vehicles.
To ask Her Majesty’s Government which government department receives the fines generated from the enforcement of O licences of goods vehicles.
The Driver and Vehicle Standards Agency (DVSA) are the main body responsible for enforcement of operator licences for goods vehicles, although individual police forces also have the power to enforce these provisions. DVSA enforcement action consists of prosecution through the courts – in 2013-14 they reported 174 convictions resulting in courts ordering £103,244 in fines. These fines are collected by the courts and all revenue raised is passed on to the Consolidated Fund, and used to fund general government expenditure.
To ask Her Majesty’s Government whether the Department for Business, Innovation and Skills has considered investigating the conduct or operation of the boards of any of the companies that have been fined for practices relating to LIBOR, gold price fixing or foreign exchange manipulation.
To ask Her Majesty’s Government whether the Department for Business, Innovation and Skills has considered investigating the conduct or operation of the boards of any of the companies that have been fined for practices relating to LIBOR, gold price fixing or foreign exchange manipulation.
The Government has taken a substantial number of measures to change the culture in UK banking.
This Government supported the work of the Parliamentary Commission on Banking Standards which reported in June 2013 on professional standards and culture of the UK banking sector. Legislation to give effect to its recommendations on banking standards and individual accountability were included in the Financial Services (Banking Reform) Act 2013. The Financial Conduct Authority, the Prudential Regulation Authority and the Treasury worked through 2014 to prepare secondary legislation, regulatory rules and other detailed implementing measures.
The Government expects to announce the final timetable for implementing these reforms shortly.
In the Financial Services Act 2012, this Government introduced a new criminal offence to address the issue of the manipulation of the LIBOR interest rate benchmark. In December 2014 the government announced that this offence would be extended to cover a further seven financial benchmarks from, subject to Parliamentary approval, 1 April 2015.
We also recognise that there is more to do if the banking industry and global financial markets are to regain public trust. The Chancellor of the Exchequer therefore announced in his Mansion House speech in June 2014 a Treasury, Bank of England and FCA review of the operation of the foreign exchange, fixed income and commodity markets. The Fair and Effective Markets Review will examine how trust and credibility in these markets can be restored. The review will report in June 2015.
In November 2014 the Financial Conduct Authority (FCA), in co-ordination with financial regulators in the US and Switzerland, announced the outcome of its investigations into attempted manipulation of foreign exchange markets by 5 banks. It imposed penalties on 5 banks totalling £1.11 billion. In addition the Director of the Serious Fraud Office opened a criminal investigation into allegations of fraudulent conduct in the foreign exchange market in July 2014. The Government does not comment on ongoing investigations, so as not to prejudice these inquiries.
Ensuring that firms incentivise employees to behave in the right way is essential to restoring public trust in financial services. The Fair & Effective Markets Reviewâs scope covers trading practices in markets, and drivers of behaviour including incentives for individuals. In November 2014 the Chancellor wrote to the Governor of the Bank of England to ask that the increasing levels of fixed remuneration in the financial sector following the introduction of the âbonus capâ be considered as part of this work.
To ask Her Majesty’s Government whether they will list by year and by incident the fines levied by the Financial Conduct Authority and the Financial Services Authority.
To ask Her Majesty’s Government whether they will list by year and by incident the fines levied by the Financial Conduct Authority and the Financial Services Authority.
This is an operational matter for the Financial Conduct Authority (FCA), who are operationally independent from Government.
The question has been passed on to the FCA. The FCA will reply directly to the Noble Lord by letter. A copy of the letter will be placed in the Library of the House.
To ask Her Majesty’s Government what was the total sum of fines levied on companies in the financial services sector in each year from 2005 onwards. [HL840]
To ask Her Majesty’s Government what was the total sum of fines levied on companies in the financial services sector in each year from 2005 onwards. [HL840]
This question has been passed on to the FCA. The FCA will reply to the Noble Lord directly by letter. A copy of the response will be placed in the Library of the House.
To ask Her Majesty’s Government, further to the reply by Lord Newby on 17 June (HL Deb, col 788), by what authority HM Treasury imposes fines on other departments; for what reasons such fines may be imposed; what the effect of such fines are on the Government’s overall resources; and...
To ask Her Majesty’s Government, further to the reply by Lord Newby on 17 June (HL Deb, col 788), by what authority HM Treasury imposes fines on other departments; for what reasons such fines may be imposed; what the effect of such fines are on the Government’s overall resources; and...
The Treasury is responsible for ensuring there is proper accountability to Parliament for the use of public money. It is responsible for setting the ground rules for the administration of public money and is accountable to Parliament for doing so.
The guidelines for managing public expenditure have been set out in a number of documents published by the Treasury, including Managing Public Money[1], the Consolidated Budgeting Guidance[2] and Improving Spending Control[3]. They set out the circumstances where the Treasury may impose fines or penalties on departments. In all cases, the Treasury retains the right to apply whatever penalties are appropriate to incentivise good financial management and value for money.
Fines imposed on departments have had a minimal impact on the Government’s overall resources.
Accounting Officers are responsible for ensuring that their departments meet specific standards, as set out in Managing Public Money. The Chief Secretary will write to the Secretaries of State and the Head of the Civil Service where he is concerned that Accounting Officers may fall short in fulfilling their responsibilities for managing public money. Should an Accounting Officer fall short of the standards required he or she may have their designation as Accounting Officer withdrawn, which may lead to termination of employment.
[1] https://www.gov.uk/government/publications/managing-public-money
[2] https://www.gov.uk/government/publications/consolidated-budgeting -guidance
[3] https://www.gov.uk/government/publications/improving-spending- control
To ask Her Majesty’s Government how much money has been allocated from LIBOR-fixing fines to military charities in (1) England, (2) Scotland, (3) Wales and, (4) Northern Ireland.[HL4244]
To ask Her Majesty’s Government how much money has been allocated from LIBOR-fixing fines to military charities in (1) England, (2) Scotland, (3) Wales and, (4) Northern Ireland.[HL4244]
I can confirm that the £35m of LIBOR fines announced by the Chancellor in October 2012 has been allocated in the following way:
(1) In England 37 Charities received £10,556,547.63.
(2) In Scotland 12 Charities received £5,455,310.00.
(3) In Wales 3 Charities received £2,406,846.89.
(4) In Northern Ireland 1 Charity received £50,000.00.
In addition, 40 UK wide projects were awarded £16,167,817.90.
To ask Her Majesty’s Government which British-based banks have been fined for manipulation of the LIBOR or other infringements since 1 January 2010; what were the amounts involved; by whom were any fines imposed; to what extent banks’ assets comprising taxpayer rescue packages have had to be paid to overseas...
To ask Her Majesty’s Government which British-based banks have been fined for manipulation of the LIBOR or other infringements since 1 January 2010; what were the amounts involved; by whom were any fines imposed; to what extent banks’ assets comprising taxpayer rescue packages have had to be paid to overseas...
To date, two British-based banks have been fined by the Financial Services Authority (FSA) and other regulatory authorities. The fines are imposed to punish the misconduct that has taken place and to deter future misconduct of a similar nature. Barclays was fined £59.5 million by the FSA for misconduct which breached its principles for business and fined $360 million by US regulators. The Royal Bank of Scotland was fined £87.5 million by the FSA for misconduct which breached its principles for business and fined $475 million by US regulators.
The Government have made it clear to RBS that, on this occasion, the US fines should be met in full from past, present and future reductions in bonuses and variable remuneration for RBS, and not by the taxpayer.
To ask Her Majesty’s Government what plans they have to review the working of the Financial Services Authority’s executive settlement procedures in the light of discounts applied to fines levied as a result of misconduct in relation to the setting of the London Interbank Offered Rate (LIBOR) and the Euro Interbank Offered Rate (EURIBOR).
To ask Her Majesty’s Government what plans they have to review the working of the Financial Services Authority’s executive settlement procedures in the light of discounts applied to fines levied as a result of misconduct in relation to the setting of the London Interbank Offered Rate (LIBOR) and the Euro Interbank Offered Rate (EURIBOR).
My Lords, the Financial Services Authority awards discounts for early settlement of cases involving financial penalties, as it considers early settlement to be in the public interest. The Government take the manipulation of LIBOR and EURIBOR very seriously. We accepted the weekly review recommendations on LIBOR, and are implementing them in full. Furthermore, we are ensuring that the money raised from these fines will go to specific causes which demonstrate the best of British values.
My Lords, I absolutely accept the noble Lord’s observation that it is really a singeing indictment of the financial system that a benchmark as critical as LIBOR—which is responsible for settling about $300 trillion-worth of transactions—could be manipulated in this way. Once this was uncovered, however, the Government have moved extremely swiftly, appointing Martin Wheatley, the chief executive-designate of the Financial Conduct Authority, to do a review. He came up with a 10-point plan, which has been implemented in full. The Financial Services Act was amended to make sure that LIBOR activities were brought within statutory regulation; we created a new criminal offence to ensure that it could be followed up in that way and the FSA has now been given the power to compel banks to participate in LIBOR setting.
My Lords, I absolutely accept the noble Lord’s observation that it is really a singeing indictment of the financial system that a benchmark as critical as LIBOR—which is responsible for settling about $300 trillion-worth of transactions—could be manipulated in this way. Once this was uncovered, however, the Government have moved extremely swiftly, appointing Martin Wheatley, the chief executive-designate of the Financial Conduct Authority, to do a review. He came up with a 10-point plan, which has been implemented in full. The Financial Services Act was amended to make sure that LIBOR activities were brought within statutory regulation; we created a new criminal offence to ensure that it could be followed up in that way and the FSA has now been given the power to compel banks to participate in LIBOR setting.
My Lords, does the noble Lord find it as astonishing as I do that, on an issue like interest rates, which is obviously of great concern both nationally and internationally, nobody in the Bank of England or the Treasury had the faintest idea about what was going on with LIBOR?
My Lords, with respect to the sanctions and penalties, I would point out that there are ongoing criminal investigations with the Serious Fraud Office. Three arrests were made at the beginning of the year, so it is clear that we are determined to follow through on picking up on criminal activity where that can be proven to have taken place.
My Lords, with respect to the sanctions and penalties, I would point out that there are ongoing criminal investigations with the Serious Fraud Office. Three arrests were made at the beginning of the year, so it is clear that we are determined to follow through on picking up on criminal activity where that can be proven to have taken place.
My Lords, would my noble friend agree that the general public are somewhat bemused by the large sums of money involved in these transactions and are even more puzzled as to why there seem to be very few people who have been either prosecuted or convicted with penalties affecting the individuals concerned? Could my noble friend comment on that?
With respect to the noble Lord’s question on whether the attempt was successful, I think that is actually the issue. The FSA’s review found that it was unclear whether the manipulation did result in a change of rates, so that is an open question. On the degree of co-operation shown by the firms under investigation, I understand that the firms were entirely co-operative. Of course, they are all under new management and, effectively, are the new brooms trying to sweep clean. I am afraid that I cannot layer together the timing of that co-operation vis-à-vis the application of the US penalties, but I am happy to look into that and get back to the noble Lord.
With respect to the noble Lord’s question on whether the attempt was successful, I think that is actually the issue. The FSA’s review found that it was unclear whether the manipulation did result in a change of rates, so that is an open question. On the degree of co-operation shown by the firms under investigation, I understand that the firms were entirely co-operative. Of course, they are all under new management and, effectively, are the new brooms trying to sweep clean. I am afraid that I cannot layer together the timing of that co-operation vis-à-vis the application of the US penalties, but I am happy to look into that and get back to the noble Lord.
My Lords, before asking my question, I wonder if the noble Lord could clarify part of his answer to the noble Lord, Lord Bates, where he referred to the “attempted” manipulation of LIBOR. Is he saying that the manipulation failed? Turning to the Question, when I was a member of the Regulatory Decisions Committee of the Financial Services Authority, discounts on penalties were offered for early settlement only in cases where either the firms had reported their own failings or they had offered exceptional levels of co-operation. Did either of these circumstances apply in this case to British banks prior to measures taken by the American authorities?