FSA admits 'flawed' supervision of RBS

Author: Katrina Lloyd
IFAonline | 12 Dec 2011 | 07:57

Categories: Regulation| Investment

Topics: RBS| FSA

adair-turner

Royal Bank of Scotland(RBS) nearly collapsed in 2008 because of poor management, inadequate regulation and a flawed supervisory system, a Financial Services Authority report published today has said.

The FSA admits its own supervision was "flawed" and "provided insufficient challenge" to RBS, the BBC reports. However, it did not concede these shortcomings amounted to negligence.

RBS' capital position was too weak to proceed with the £49bn takeover of parts of the Dutch bank ABN Amro at the height of the financial crisis in 2007, it said.

RBS, which is now 83%-owned by the UK government, has cut 27,500 jobs since the beginning of the financial crisis.

Propping up the bank cost the taxpayer £45bn in direct financial support and hundreds of billions more in state-guaranteed loans and insurance.

The FSA report said in future, regulators should be given greater powers to block takeovers and directors of banks should also put less emphasis on profit and more on risk management.

FSA chairman, Adair Turner said: "This report... describes the errors of judgement and execution made by RBS executive management which, in combination, resulted in RBS being one of the banks which failed amid the global crisis.

"These were decisions for whose commercial consequences the RBS executive and board were ultimately responsible."

He added: "In addition, the report concludes that the FSA was too focused on conduct regulation at the time and its prudential supervision of major banks was inadequate."

Adair Turner also said despite the failings "no-one has been punished" for RBS's near-collapse in 2008.

"The fact that no individual has been found legally responsible for the failure begs the question: if action cannot be taken under existing rules, should not the rules be changed for the future," he said.

The FSA is expected to pass details of the report onto Vince Cable's Department for Business, Innovation and Skills (BIS), according to the Times

Although the FSA has the power to fine company bosses and keep them from holding significant jobs in the City, Cable's department could disqualify them as directors.

It is understood the department could take action against previous RBS board members, but only if new evidence of serious corporate governance failings is found.

Last month, RBS reported pre-tax profits of £2bn in the three months to 30 September, compared with a £1.6bn loss in the same period last year.

It warned of further job losses and said the global economic slowdown was delaying its recovery.

 

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Unbelievable Incompetence

What a bunch of incompetent wasters. Hundereds of billions in cash and underlyings at the expence of ordinary people. Sack them all.

Posted by: Diligent Investor

12 Dec 2011 | 08:37
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And....

These people want MORE power! Honestly, if they admitted they were at fault not only for RBS but for the whole banking crisis and that they do not have the quality of staff to do their job properly and they consistently get carried away with what amounts to gimmicky themes and can they please get some help I would think them a reasonable bunch. As it is, look at the power they are getting over the IFA market and what a catastrophic cock-up that is turning out to be. They are currently a menace and we need good regulation, not power-hungry pen-pushing from deep behind the ground where transactions are happening every minute.

Posted by: Hear Hear

12 Dec 2011 | 08:51
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FSA " Flawed ?"

The FSA excuse is they had " flawed suervision of RBS ", - that is not " flawed " that is inept and totally incompetent. given the volume of fines against the tax payer owned RBS - where does the " fine" money come from ? Where does it go ? and it appears to me that the incompetent Directors, conducted their strategies in full knowledge they had insufficient funds or funding. Is that not illegal ? Some might call that trading whilst insolvent - why did the RMAR not pick this up ? I reported RBS to the FSA - who refused to investigate - that is not flawed that is truly incompetent.

Posted by: IAn Lees

12 Dec 2011 | 09:34
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And where is Howards Davies today ?

Has anybody noticed how Howard Davies, the man normally featured on almost every radio 4 interview possible, is nowhere to be seen today !! The main individual responsible for all these failings walked off with a knighthood and a big pay off, and probably a huge pension. Now at the LSE I believe ..... look out LSE I say!

Posted by: Anon

12 Dec 2011 | 09:47
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What about the rest?

Why don't the FSA also launch an enquiry into their mishandling of Keydata and the life settlements market in general instead of backing the FSCS to sue IFAs for alleged mis-selling of these products? FSA get your house in order and be fair on all fronts not just what suits best.

Posted by: Mars

12 Dec 2011 | 09:57
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The buck stops ?????

As per usual with this sorry bunch of 'trough feeders', no-one is to blame. We are told the high salaries are for expert, high performers that can only be employed if they are paid obscene amounts of money, otherwise they will go elsewhere. Hah! The usual excuse for public sector & high office failure is rolled out "lessons have been learned", "systems have been put in place". In other words "we have got away Scott free!!! How come small businesses, IFAs are not afforded the use of these stock excuses?

Posted by: Mike

12 Dec 2011 | 10:14
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Flawed report

This is just another reason why THE FSA has lost all right to judge others. If we are required to pay compensation by anyone who makes a mistake in our industry by guess who, The FSA, then should they not abide by their own rules (out of their own pockets)?

Posted by: Michael Fallas

12 Dec 2011 | 10:42
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Endless incompetence

It is difficult not to be angry, but who is more worthy of the main part of the anger? RBS because of greed and mismanagement? One has to say that whilst the greed and arrogance are almost beyond belief the whole process did not happen in a vacuum. RBS were "merely" doing what so many other were doing. Where were the investment managers whilst all this was going on? They have more detailed technical knowledge and understanding than the FSA ever will, and they were happy to gamble away. And there are others in the firing line, but let's not get too boring. To me the biggest target for anger is the FSA. Not because the supervision was poor, because I am not convinced that any Regulator would or could have made much of a difference without becoming so involved in the process of company management that they would have been inseparable from the real management, and I am not convinced that having Civil Servants managing companies is beneficial. No the main anger is directed against the absolute hypocrisy of the FSA's stance. I suspect that most of us could have written parts of this before the report came out - we hold up our hands, we didn't perform well enough, but if you give us more money and more staff we will do better. And also please give us more power. Actually we would not have had to have written it, merely lifted in verbatim from previous reports. But the anger doesn't stop there. There will be no external analysis of the FSA's competence; there will be no calling to account; there will be no review of their overall brief; and finally no-one will lose their job. It's a farce. The FSA is out of control because it is totally unaccountable. The FSA have as much idea of regulating the financial industry as Parliament has of controlling the FSA. None. But every one else, consumers included, pay for this incompetence.

Posted by: Glen McKeown

12 Dec 2011 | 11:25
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Sants

Should Hector Sants now be invited to be involved in the the new regulatory system? I can't think of a reason why he should. Hector?

Posted by: MarkG

12 Dec 2011 | 12:23
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Oh dear

Perhaps we should be a little more measured in our reactions. Of course it is understandable that small IFAs arte in high dudgeon over this. Let us pose some questions – always difficult not to be smart with hindsight. 1. Was it (is it) not obvious that large institutions such as banks are at higher risk of systemic damage than even a large collection of small IFAs? In which case what are the resources in manpower and money allocated to small IFAs vis a vis the large players? If as many suspect this is unbalanced (in proportion to risk posed) then perhaps there needs to be a re-think. 2. Treating Customers fairly, whilst a laudable aim, was always fraught with difficulty as it demanded much more input and effort than merely following finite rules. We now see that the Regulator admits as much; but is it acceptable for Regulators to venture down blind alleys, particularly when there were warning voices at outset? 3. How on earth can the FSA have the temerity to mention that they were under Government pressure to impose lighter touch regulation? This to me is the real ‘elephant in the room’. They purport to be independent – they say they are and the Government say they are – in which case this is a non sequitur. 4. Much as many would wish to deny it – even regulators are human and thus prone to error. But how many errors in what period of time are acceptable? Should there be some proportionality between what seems to be chasm between what is expected of the regulated compared to the actions and performance of the regulator? Or to put it more bluntly is ‘Do as I say, not as I do’ acceptable? 5. Although I do appreciate the dichotomy, this and other matters continue to highlight (in my opinion) the unsatisfactory situation in so far as the FSA is effectively unaccountable and immune from any sanction. This is now a case of ‘the stable door’, but will things be different under the FCA? As far as Hector is concerned I’m certainly no apologist, but to be fair his backside had hardly sat on the throne before the storm broke. As someone else has said it is probably more in Howard Davis’s province than anywhere else.

Posted by: Harry Katz

12 Dec 2011 | 15:05
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Sovereign Debt

Perhaps the FSA should sort out the sovereign debt problems. After all they seem to be a pretty capable bunch!

Posted by: Jefroc

12 Dec 2011 | 15:51
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