| Synopsis: |
This report contains the Committee's views on the Ombudsman's report on the prudential regulation of Equitable Life throughout the 1990's until it was forced to close to new business in December 2000. Noting as well that, now eight years later, the situation remains unresolved. The Committee feels that the Government should, without further delay, accept the Ombudsman's findings of maladministration on the part of the former Department of Trade and Industry, the Government Actuary's Department, and the Financial Services Authority. They support the Ombusman's recommendation for a full and unreserved apology from those public bodies concerned. There are valid arguments to be had about the means of providing redress, but there is concern that the Government may choose to act as judge on its own behalf by refusing to accept that maladministration took place. This would seriously undermine the Ombudsman;s office and the ability to learn lessons from the Equiable Life affair. The Committee also strongly supports the recommendation for a compensation scheme. Where regulators have been shown to fail so thoroughly, compensation should be a duty, not a matter of choice.While the aim should be restore individuals to the position they would have been had the maladministration not occurred, it is essential that the public purse benefits from an appropriate measure of protection. In particular, the emphasis must be on compensating individuals only for that loss that is fairly attributable to regulatory failure. Further, despite the basic presumption that loss must be accurately assessed, the main priority must be prompt redress. Policyholders have already been waiting almost a decade and substantial numbers have either died or are advancing in years. Justice delayed will mean justice denied to even more people. |