HSBC hands allowances to hundreds of bankers to avoid EU bonus cap

Britain's biggest bank awards staff 'fixed pay allowances' to side-step restriction on bonuses imposed by Brussels

A defiant HSBC is handing its chief executive, Stuart Gulliver, allowances worth £32,000 a week – on top of his £1.2m salary – to get around the EU's cap on bonuses, in a move that is expected to be replicated by the other high street banks.

HSBC became the first UK bank to reveal how it will sidestep the pay restrictions imposed by Brussels, as it further fuelled the debate over City pay by also revealing that 239 of its bankers received more than £1m last year. Gulliver, the boss of Britain's biggest bank, hit out against the new rules, which restrict bonuses to 200% of salary even with shareholder approval, but the TUC accused HSBC of "soaraway boardroom greed".

The £1.7m "fixed pay allowance", paid in shares every three months on top of Gulliver's salary, will ensure he is paid a minimum of £4.2m a year, up from £2.5m now. Similar allowances, in shares that cannot be sold for five years, are being handed to 111 top bankers at HSBC, while another 554 are to be handed extra payments in cash.

The move prompted Labour to call for a repeat of its bonus tax while the Robin Hood Tax campaign said the payments bolstered its argument for a tax on financial transactions.

"HSBC haven't so much circumvented rules on bonuses as driven a coach and horses through them. The only way to rein in bankers' remuneration is to make banks pay their fair share to society," a Robin Hood Tax campaigner said.

The TUC general secretary, Frances O'Grady, said: "It would be great if banks put the same effort into lending to small businesses and investing in infrastructure as they do to getting round EU rules on boardroom bonuses."

HSBC's response to the Brussels bonus cap was contained in its annual report, which showed profits rose 9% to $22.5bn (£13.6bn) in 2013, when its bonus pool for staff rose 6% to $3.9bn.

A year ago HSBC made $20.6bn profits and paid 204 of its staff more than £1m, although its shares were among the biggest fallers in the FTSE 100 index of blue chip shares on disappointment that the profit rise was not greater.

However, the rise in bonuses at HSBC was in contrast to Barclays, which increased them by 10% even though its profits fell 32%. HSBC said its dividends to shareholders were up 11% while staff costs were down 6%. Barclays is among the banks – including the bailed-out Lloyds Banking Group and Royal Bank of Scotland – that are expected to follow HSBC by handing out allowances to top staff as they respond to the EU cap on bonuses, which affects payouts to be made this time next year.

The disclosures by HSBC came as the pay-setting committee of RBS prepared to meet to confirm the bonus pool for its 120,000 staff. The size of the pot, expected to be £500m, will be announced on Thursday, when the 81% taxpayer-owned bank is expected to report losses of £8bn.

"We don't want to do this at all," said Gulliver, whose total pay and bonuses in 2013 were £8m, up from £6.3m the previous year. He stressed his maximum potential pay each year would fall to £11.4m from £13.8m to counteract the rise in the fixed part of his pay. Gulliver, who started his career at HSBC more than 30 years ago as a currency dealer, also receives £79,000 for the use of cars in Hong Kong and accommodation there worth £229,000.

George Osborne is taking legal action against the Brussels cap and Gulliver said the bank would revert to its previous schemes if this was successful.

"We had a compensation plan here that the shareholders liked but sadly because of the EU directive we've had to change. This isn't something we would have wanted to do … It's much more complicated," Gulliver said.

The Bank of England's Andrew Bailey has warned the cap could lead to a £500m rise in fixed salary costs at the big banks and make them riskier. Andrew Tyrie, the chairman of the Treasury select committee who also chaired the parliamentary commission on banking standards, said: "A crude bonus cap does nothing to incentivise higher standards. What we need is a fundamental reform of the bonus culture including much longer deferral and much greater scope for clawback, as the banking commission proposed."

HSBC – which after a £1.2bn fine in 2012 is subject to tough restrictions imposed by the US authorities – risked further controversy over pay by revealing that its chairman, Douglas Flint, who in the past has not received bonus payments, is line for new share awards because of his role in "intense regulatory change". The move could allow Flint to receive maximum pay of £4.6m a year, up from £2.4m.

Gulliver has taken the axe to costs since being promoted to chief executive three years ago, cutting 40,000 roles and pulling out of 63 countries or businesses. The bank – one of the highest dividend payers in the FTSE 100 – said that the government's bank levy on its balance sheet had cut its dividend by $0.05 per share as it had cost $904m last year, while it had set aside another $395m for misselling payment protection insurance and products to small businesses. From the start of this year, the bank has changed the way it pays the staff in its retail division to remove the link between sales and bonuses, with a view to cutting misselling bills.

Despite the controversy over the cap, Gulliver gave a clear commitment to remaining in the UK, although the bank generates less than 10% of its profits here. Some 70% of its business is generated in Hong Kong and the Asia-Pacific region, and Gulliver said that 208 bankers in London would receive the three-monthly allowances compared with 395 outside the UK. It employs 254,000 people, 46,000 of them in the UK.

In total the bank has 1,318 employees whose bonuses must be capped under the new rules – those regarded as taking and managing risks – but just over 650 will receive no extra allowances.

In more than 600 pages of documents, the bank also gave further breakdowns of staff pay, revealing for the first time the number of staff paid more than €1m – some 330 – and that 192 bankers defined as key staff received an average pay deal of $1.5m (£900,000).

Barclays has told staff affected by the cap that they will receive the payments, called role-based allowances, each month alongside their salaries but has yet to disclose how much its chief executive, Antony Jenkins, will receive. Jenkins has turned down a potential bonus of £2.7mon top of his £1.1m salary but still stands to receive at least £4m from long-term share plans due to be released next month.

The new boss of RBS, Ross McEwan, has waived his payout. António Horta-Osório, the boss of Lloyds, is receiving a £1.7m bonus on top of his £1m salary, a £500,000 pension contribution and a payout from a long-term incentive plan that could total £2.9m – half the potential sum – when it is formally revealed next month.

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Barclays cull to clear out senior bankers

Barclays is planning to cut 820 managing director and director-level staff, of which about half are expected to come from its investment banking arm, as part of an effort to reduce costs

Hundreds of senior Barclays investment bankers and managers face being made redundant this year, along with thousands of ordinary staff, as the lender looks to cut as many as 12,000 jobs.

Barclays is planning to cut 820 managing director and director-level staff, of which about half are expected to come from its investment banking arm, as part of an effort to reduce costs across the bank.

UK-based staff will bear more than half of the overall job cuts, with Barclays set to make about 7,000 British staff redundant as it increasingly uses IT to replace jobs and accelerates the closure of branches.

At present, Barclays employs almost 140,000 staff in offices and branches across the world.

Officials from the Unite union yesterday held talks with the bank at its London headquarters to discuss the cuts, which come as the country’s other major high street banks all continue to look for further cost savings

The job losses came as Barclays said it would increase the size of the average bonus paid to its investment bankers by 10pc to £60,100, despite a 37pc fall in the division’s profits last year.

The fall was largely caused by a slowdown in trading activity in the final three months of last year, which led the investment bank to record a loss for the period of £329m.

The Institute of Directors said: “[It] cannot be right in any business for the executive bonus pool to be nearly three times bigger than the total dividend payout to the company’s owners.”

It added: “We would like to see shareholders take a more aggressive role in the governance of the bank.”

Shareholder dividends for 2013 will total £859m, compared to a total staff bonus pool for last year of £2.38bn. This equates to a dividend-to-compensation ratio of 2.77, a slight improvement on last year’s figure of 2.98, when the bank paid out £733m to its investors, but £2.17bn in bonuses.

Andrew Tyrie MP, chairman of the Treasury select committee, questioned Barclays’ decision to defer bonuses by just three years amid a push to extend deferral periods out to at least five years.

“Barclays’ bonus deferral, at three years, looks too short. Shareholders also need to make up their minds whether aggregate remuneration is justified by the return on equity,” said Mr Tyrie.

Fears over the bank’s performance led its shares to trade down more than 7pc at points during yesterday’s session, but the stock rallied to close down 2.17pc at 269.03p, valuing the lender at £43.4bn.

Among the disappointments in Barclays’ results was its continuing inability to generate a return on shareholder equity which, measured on a statutory basis, is just 1pc – while the bank’s cost of equity is put at 11.5pc.

Antony Jenkins, chief executive of Barclays, said he hoped to improve returns so that by 2016 the business would be making a return greater than its cost of equity and defended the bank’s bonuses.

“We need to recruit people from Singapore to San Francisco. We need the best people in the bank to drive long-term sustainable returns for our shareholders,” said Mr Jenkins.

“I understand that there will be some (people) who feel that this decision is the wrong one for Barclays. But it is the decision of the board and myself that this entirely is the right decision for the group and in the long-term interests of shareholders,” he said.

“At Barclays we believe in paying for performance and paying competitively. Ensuring that we have the right people in the right roles serving our customers and clients effectively in a highly competitive global environment is vital to our ability to generate sustainable shareholder returns.”

The release of the results followed two unscheduled announcements in the past two weeks of various financial figures by Barclays. Last month, the bank published a surprise update pointing to its progress on hitting its cost targets and the size of fourth-quarter charges for litigation and financial penalties.

This was followed on Monday by a second announcement following the apparent leak of sensitive financial data that forced Barclays to publish its pre-tax profit figures one day ahead of schedule, which showed it had made a statutory pre-tax profit of £2.9bn and £5.2bn after adjusting for one-off items.

Barclays is the first major British lender to report its full-year results and will be followed tomorrow by Lloyds Banking Group.

In the case of Lloyds, the bank has already published its pre-tax profits after its own unscheduled update this month where it said it had made an underlying profit for last year of £6.2bn.

Concerns were also raised over the fall in the bank’s Tier 1 core capital ratio, which fell from 9.6pc at the end of the third quarter to 9.3pc by the end of last year.

The fall was driven by larger-than-expected regulatory capital requirements and highlighted the increased capital costs the bank will face as it attempts to improve returns.

Filippo Alloatti, a senior analyst at fund manager Hermes, warned that Barclays executives faced a “conundrum”. He said:

“The much-maligned investment bank is still generating more than 60pc of group profits, helping to slowly expand its capital base and pay a dividend. However, the very same investment bank is, considering Basel [III capital] requirements and the Financial Stability Board’s mandate, limiting the strategic options for Barclays.”

Mr Jenkins said banking was going through a “100-year transformation” as technology and cost pressures reshape the industry, and he was optimistic that Barclays was well set for a “pivotal” 2014.

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Barclays hikes bonuses amid warning on jobs and fall in profits

Bonuses for investment bankers rise to £1.6bn despite fall in profits and warning of up to 12,000 job cuts this year

Barclays stoked the row over City pay on Tuesday by announcing a 32% fall in profits but a rise of 10% in the bonus pool for its 140,000 staff around the world.

Antony Jenkins, promoted to run Barclays in the wake of the £290m fine for rigging Libor, defended the decision to increase bonus payouts as he warned that between 10,000 to 12,000 jobs would be cut this year as he races to cut costs. Some 820 senior roles are to go along with 7,000 jobs in the UK.

In a move that sparked the fury of the TUC, which accused the bank of "sticking two fingers up to hard-pressed families across Britain", the bank announced it was paying bonuses of £2.4bn – up from £2.2bn a year ago – across the bank. Within that, the investment bankers enjoyed bonuses of £1.6bn compared with £1.4bn a year ago, even though the investment banking side suffered a loss in the fourth quarter and its annual profits tumbled 37%. The bank as a whole saw its profits fall to £5.2bn from £7bn.

Labour seized upon the numbers to call for a reintroduction of the bonus tax which Cathy Jamieson, shadow financial secretary to the Treasury, said "could fund a paid job for every young person out of work for 12 months or more, which they would have to take up or lose benefits".

The profit figures, announced 24 hours earlier than scheduled, on Monday, because of a fears of a leak, showed that on a statutory basis – including accounting quirks and other one-off items – the profits rose to £2.9bn. This was also the year that the bank tapped shareholders for £5.8bn.

Jenkins admitted that he only discovered the theft of confidential customer files – 2,000 names, addresses, phone numbers, passport numbers and details of personal finances – which is now the subject of regulatory scrutiny, after being informed of the loss by the Mail of Sunday. Only 300 of the 2,000 individuals affected have been contacted by the bank.

Frances O'Grady, general secretary of the TUC, said: "Today Barclays has stuck two fingers up to hard-pressed families across Britain by announcing another multi-billion pound bonus pool". In reference to the EU's cap on bonuses to 100% of salary, O'Grady added: "But rather than tackle the damaging City bonus culture, the Chancellor has been to Brussels to defend their greed".

Jenkin justified the hike in bonuses – despite his pledge to show pay restraint and waiving his own £2.75m bonus – by insisting the bank needed to pay staff in a globally competitive environment. He also insisted the bank was acting within the "spirit and letter" of the law by paying monthly role-based allowanced to key staff who might otherwise take pay cuts as a result of the bonus cap.

"We employ people from Singapore to San Francisco. We compete in global markets for talent. If we are to act in the best interests of our shareholders, we have to make sure we have the best people in the firm," Jenkins said.

"At Barclays we believe in paying for performance and paying competitively. Ensuring that we have the right people in the right roles serving our customers and clients effectively in a highly competitive global environment is vital to our ability to generate sustainable shareholder returns," he said.

"After careful consideration, we determined that an increase of £210m over the prior year in the incentive pool was required in 2013 in order to build our franchise in the long term interests of shareholders."

Even though the bank tapped shareholders for £5.8bn of fresh funds last year under instruction from the Bank of England, the average bonus per staff member was £17,000 up from £15,600 while the average investment banker received £60,100 up from £54,500.

Jenkins, who has set out to make Barclays the "go to" bank, has forced every staff member to embark on ethics training and set out eight new goals against staff will be measured in the future. One of his targets is increasing the number of senior women from 21% to 26% by 2018.

Jenkins regularly describes the changes that technology will impose on the banking industry - he is thought to believe that as many as 40,000 roles could eventually go from the 140,000 workforce - and on Tuesday described a "one in a hundred year transformation" of the industry. Half of the 7,000 of the jobs being axed in the UK have already been announced and branches are eventually expected to close.

He insisted that bonuses were down from 2010 by 32%.

The bank is fighting a £50m fine from the Financial Conduct Authority for discloses it make during the time of a crucial funding raising in 2008 but said this process had now been stayed while the Serious Fraud Office investigated.

The dividend for the year is 6.5p, the same as last year. The shares were down 2% at 269p in early trading.

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Barclays blasted over 'catastrophic' theft of thousands of customer files

Barclays is under scrutiny by regulators and could face a hefty fine after thousands of confidential customer files were stolen in a data breach described as catastrophic by an adviser to the business secretary, Vince Cable.

The files, containing details on 2,000 individuals including their names, addresses, phone numbers, passport numbers, mortgages and levels of savings, were allegedly sold for use in boiler-room scams, in which vulnerable savers are snared into fraudulent investments.

"This is catastrophic, just awful," the Liberal Democrat MP Tessa Munt, who is parliamentary private secretary to Cable and has campaigned on mis-selling by banks, told the Guardian. "What protections have Barclays got in place? Are the police going to pursue this, are they going to prosecute, and is someone going to go to jail for this? They should do."

"We are learning not to trust our banks and that is a pretty sad thing. It is a culture of just make money in any way and that probably breeds a contempt among those who are bankers towards those they are meant to serve."

Barclays said it would be writing to the customers concerned. The bank, which claims not all of the individuals named in the files were its customers, has begun an immediate internal inquiry and reported the theft to the police and to regulators.

The Financial Conduct Authority (FCA), which can impose unlimited fines, and the information commissioner, who oversees data protection and can fine organisations up to £500,000, are looking into the matter.

"Barclays have contacted us and we will be working with them to understand exactly what has happened and what steps consumers may need to take," a spokeswoman for the FCA said.

"Consumers rightly presume their data is safe with their bank, and this should serve to remind all firms how important it is they have the correct procedures in place to ensure data is secure and used appropriately. We will continue to investigate the issue with Barclays over the coming days."

The security breach was first reported by the Mail on Sunday, which was approached by a whistleblower who claimed the files were just a sample from a haul of stolen data containing the details of 27,000 individuals. The whistleblower said he was prepared to give evidence to police, and claimed he was given the data to sell on by an unnamed firm of rogue brokers whom he worked with.

The memory stick he handed over also contained national insurance numbers, details on dependants and highly personal information on whether people had undergone surgery or were on medication. Those affected include doctors, scientists, business people, a musician and a cleaner.

They are believed to have been customers of the now defunct Barclays Financial Planning business, which was fined £7.7m in 2011 and ordered to pay up to £59m in compensation for mis-selling investment funds to more than 12,000 customers.

Like those Barclays customers affected by the mis-selling scandal, many of those whose names appear on the stolen files are elderly. The whistleblower said the information was used to scam about 1,000 people, who were persuaded to invest in rare earth metals that did not exist. Between December 2012 and September 2013, a select group of brokers at the firm concerned were given the files, which they used to cold call their victims.

These were customers who had originally sought financial advice from Barclays. As part of consultations with advisers, they filled out questionnaires about their savings, physical health and revealed their attitude to risk using psychometric tests.

"The data is a gold mine for traders because it is so incredibly detailed. It gets them inside the customer's head," said the whistleblower. He added: "This illegal trade is going on all the time in the City. I want to go public to stop it getting bigger."

He described a world in which scammers worked from so-called "spank shops", renting offices and peddling products that were either fraudulent or sold at inflated prices to unsuspecting, often elderly or inexperienced investors.

With interest rates at an all-time low since the banking collapse, people have been withdrawing their money from the comparative safety of savings accounts chasing higher returns on investments. Many of them are seen as soft targets for rogue brokers.

When investors of the firm concerned began to suspect they had been duped, the trading floor was shut. According to the whistleblower, computers were wiped, paperwork destroyed, and the desks cleaned with bleach to remove DNA traces. The whistleblower, a former commodities trader, was asked to sell on the data, which he said could fetch up to £50 a file from those operating boiler room scams.

Barclays said: "Our initial investigations suggest this is isolated to customers linked to our Barclays Financial Planning business, which we ceased operating as a service in 2011. Based on what we have seen, this appears to be data from 2008 or earlier.

"This appears to be criminal action and we will co-operate with the authorities on pursuing the perpetrator.

"We would like to reassure all of our customers that we have taken every practical measure to ensure that personal and financial details remain as safe and secure as possible."

The Information Commissioner's Office, which can fine organisations up to £500,000 for failing to protect private data, said in a statement: "It's crucial that people's personal information is properly looked after. We will be working with the Mail on Sunday this week to get further details of what has happened here, as well as working with the police."
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RBS risk fuelling pay row as it considers how to avoid EU bonus cap

Bank which is 81% owned by taxpayers is keen to keep pace with Barclays and HSBC, which plan to hand out 'allowances'

Royal Bank of Scotland risks fuelling the row over pay as it considers how to follow rivals that have devised ways to avoid the EU bonus cap and maintain their bankers' multimillion-pound pay cheques.

The 81%-taxpayer-owned bank is keen to keep pace with rivals such as Barclays and HSBC, which are both planning to hand out new allowances, which are not classed as salary and therefore do not get included in the calculations used in the bonus cap. They have been introduced to ensure bankers do suffer any reduction in pay as a result of the bonus cap being imposed by Brussels.

Data published by the European Banking Authority last year showed that the average banker based in London received a bonus of 370% times their salary – indicating the impact that the bonus cap would have on pay.

Labour on Wednesday blew open the debate on the bonus cap, which came into effect at the beginning of this year and which George Osborne opposes. The cap limits the bonuses of the most senior bankers to 100% of their salary, unless the bank that employs them wins specific approval from its shareholders to pay bonuses of 200%. Labour called on the government to clamp down on bonuses at the loss-making, bailed-out bank and use its 81% stake to ensure that none of the RBS bankers will get 200% bonuses.

RBS admitted on Wednesday night it was consulting shareholders about pay, but insisted no decisions had yet been made.

All the major banks are expected to ask their shareholders for permission to pay bonuses twice the size of their top bankers' salaries at their upcoming annual general meetings. They are also looking at ways to pay their staff even more by making payments in addition to their salaries.

HSBC, for instance, is ready to hand out share awards to 1,000 or so of its more senior staff alongside their salaries and annual bonuses. Barclays also intends to hand its investment bankers monthly allowances to maintain their overall level of pay.

The other bailed-out bank, Lloyds Banking Group, is also expected to seek approval to pay out bonuses of twice salaries and look at ways of maintaining pay levels by using some form of additional payment. Such a move would also require approval from UK Financial Investments, the body that controls the taxpayer's stake in the bailed-out banks and still owns 33% of the shares after selling off a tranche last year.

Vince Cable, the business secretary, called on RBS to show restraint and urged it to consider the business models used by other banks that do not pay bonuses. He cited the Swedish bank Handelsbanken, which does not pay bonuses and instead uses a profit-sharing system called Oktogonen, which pays out when individuals turn 60.

"What I would say to RBS is they need to show restraint. They are changing their overall banking strategy. Instead of being a global bank aimed at investment banking they're now thinking about being a British bank aimed at British customers and British business. They should look at other models like Handelsbanken, in Sweden, which is very successful and has branches in Britain and doesn't have any bonuses at all," Cable told ITV.

Handelsbanken's UK offshoot has been unable to make Oktogonen allocations to staff for the past three years because of a dispute with HM Revenue & Customs about whether it is disguised remuneration – pay that is not being taxed.

The business secretary insisted that the government had not yet seen any proposals from RBS about its plans to tackle the bonus cap and referred to remarks by David Cameron warning about the bonus rules leading to increases in salaries to allow staff to receive the same amount of money.

"I think that's a legitimate concern that we can take into account,' Cable said.

"Most banks will be trying to get the cap lifted to 200%," said Greg Campbell, employment partner at the law firm Mishcon de Reya. Campbell said there had already been major changes to pay, when in the past bonuses across the City might have been as large as 10 times salary.

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New London finance jobs rise for first time since early 2012

The number of new financial services jobs in London rose for the first time in almost two years last month, research showed on Monday, which recruiters said was a sign that banks are starting to think about growth after years of restructuring.

However, the number of jobs created in the whole of 2013 fell 21 percent compared with the year before as the financial jobs market still struggles to recover from the effects of the financial crisis, after which a number of banks cut jobs or pulled back from certain activities to reduce costs.

In December, 1,340 new jobs were created in the City financial district, up by two thirds versus the same month in 2012, according to research by recruitment firm Astbury Marsden. It was the first time in 22 months there had been a year-on-year monthly increase, the study said.

Investment banks created 67 percent more jobs than in December 2012.

Astbury Marsden said steady trading volumes encouraged City firms to continue to support growth in equity and derivatives trading and a buoyant shares listings market encouraged banks to devote more resources to deal-making and execution teams.

The total number of roles created in 2013 fell to 27,915 from 35,115 created in 2012, the research showed.

Astbury Marsden said there were some positives to be taken from the fact that the rate of shrinkage had slowed, however, as total new roles in 2012 had been 35 percent behind 2011.

"What we are seeing is very far from a return to aggressive hiring, but it is a good sign that banks are thinking again about growth," Astbury Marsden's Chief Operating Officer Mark Cameron said.

Separate research released last week suggested financial services institutions are finding it increasingly difficult to find the right staff to fill roles and to keep top talent on board.

TALENT BATTLE

In a survey conducted as part of recruitment firm Robert Half's Salary Guide for 2014, almost all of the 100 executives asked said it was a challenge to find skilled financial services professionals and 95 percent said they were concerned about losing top performers.

A similar number said they were worried about losing top talent to international competitors as a result of the European Union bonus cap, which limits bonuses to no more than annual salary, or twice that with shareholder approval.

Bonuses and executive compensation are particularly thorny issues in Britain, where many believe high levels of pay encouraged the excessive risk taking that led to the financial crisis.

People struggling in the economic downturn have been infuriated by companies, particularly banks rescued by the government at the height of the crisis, which continue to award payouts many times the average wage.

Robert Half said almost two thirds of firms surveyed had already raised salaries by an average of 19 percent for top employees to counteract the crimp on bonuses, while six in 10 have also increased benefits for affected staff.

In November Barclays (BARC.L) unveiled a plan to give senior bankers additional monthly payments and last week an industry source said HSBC (HSBA.L) is considering handing out new share awards to around 1,000 top-ranking staff.

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Banking reform bill could be approved before Christmas

Bill designed to prevent further banking scandals and misconduct enters Lords for what could be the last time

Andrew Tyrie's work is nearly done. The Conservative politician, who has been a key figure in attempts to clean up the banking system, stood up in the Commons last week to remind fellow MPs of the tasks that had been set for the parliamentary commission on banking standards, which he had chaired.

The first was to report on professional standards in the banking industry in the wake of the Libor rigging crisis, and the second was to outline the lessons that could be learned for the government, while making recommendations for legislative change.

Much of that work may be concluded this week, with the 200-page banking reform bill entering the Lords on Monday for what could be the last time. With just one amendment to the bill still proving contentious, there is an expectation the work will be completed before the Christmas recess.

The legislation includes a package of measures intended to force senior bankers to take responsibility when things go wrong, allowing bankers to be charged with reckless misconduct if their institutions go bust, and forcing them to erect an "electrified" ringfence between their high-street and investment banking operations.

Last week's debate in the Commons coincided with a timely reminder of the scandals that had first set Tyrie and his fellow commissioners – made up of lords and MPs including the former chancellor Lord Lawson and the Archbishop of Canterbury, Justin Welby – upon their task. Lloyds Banking Group was fined a record £28m for a bonus culture that saw staff mis-sell financial products, while Royal Bank of Scotland, which was also bailed out, was fined £60m for breaching US sanctions rules.

"The banks have discovered that the scale of the damage done by the revelations and the scale of the fines that are now being imposed are systemic in implication for their institutions and that has shaken them up a lot," Tyrie told MPs last week. "But I do think the culture at the top of our banks is changing. The task of our legislation is to entrench that change for a generation. We have had this crisis. The horse has bolted. What we have got to do now is devise a stable door that can keep the next horse in."

Stuart McWilliam, a campaigner for Global Witness, said changes to the rules facing top bankers were a sea change because the City regulator, the Financial Conduct Authority, would be better able to hold banks to account. "It gives the FCA the power to hold the most senior bankers personally responsible for failures at their banks – a pretty good incentive for changing bankers' behaviour for the better," he said.

Alan Bainbridge, a lawyer at Norton Rose Fulbright,described the changes to how top bankers are authorised to work in the City as groundbreaking.

The existing approved persons regime will be changed with a new system aimed at top bankers taking responsibility for their actions and a new licensing regime. There is scepticism about whether an offence of reckless misconduct, under which bankers can be tried if their institutions collapse, can be used in practice.

But Conservative MP Mark Garnier, who sits on the Treasury select committee and was on the parliamentary commission on banking standards, likened it to a "nuclear deterrent" in the Commons last week.

One of the most crucial measures is the "electrification" of the ringfence between high street and investment banks. Bainbridge said this was "tantamount" to the Glass-Steagall rules imposed after the Great Depression in the US in the 1930s and only dismantled 15 years ago.

Lord Sharkey, the Liberal Democrat peer whose amendment on capping payday loan rates forced the government to act to restrict high rates of interest, said the electrification was the "key action" from the legislation.

"Parliament will need to keep an eye on how this really works. Will Chinese walls really be sufficient? Will the culture of investment banks continue to dominate the management thinking of retail banks held in the same groups," said Sharkey.

The Policy Exchange thinktank is warning of rising costs to customers from the ringfence, which does not need to be erected until 2019. Omar Ali, UK head of banking and capital markets at accountancy group EY, said the legislation meant that the "fabric of banking is changing" and the UK will have the most stringent set of rules anywhere in the world. Banks could end up becoming too risk averse, which could result in restricted lending to the real economy, he warned.

Even as royal assent comes closer, questions are still being asked about whether legislation can change the culture of banking. Garnier told MPs last week that a new industry body monitoring banking standards and the emphasis on top bankers taking responsibility was significant.

"An organisation such as HSBC has 270,000 people working for it, so no matter how sincere the integrity of the individual at the top, we must work out a mechanism to drive integrity throughout the system. Personal accountability for the senior management of the banks is crucial in that.

"I keep coming back to this point: if [HSBC's chairman] Douglas Flint is waking up at 3 o'clock in the morning worrying that somebody in Kidderminster is getting something wrong, that is a good thing."

Sharkey is among those who think that increased competition on the high street is also needed. The big four – Lloyds, RBS, Barclays and HSBC – control over 75% of the market.

"The banking reform bill addresses the regulatory issues, as it should. Banking culture is less easy to fix. There are some who believe that there is still no real competition in our banking system," Sharkey said. "What [will] keep them honest is competition for customers."

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Tesco's grim trading update will prompt questions about chief's strategy

Tesco is expected to unveil another grim trading update next week which is likely to prompt new questions about whether the turnaround strategy of chief executive Phil Clarke is working.

A flurry of City analyst research notes out yesterday predicted disappointing sales data when the UK's biggest grocer reveals its third quarter sales update. Barclays, Shore Capital and Deutsche Bank all expect no progress in the grocer's crucial UK market - which still accounts for 70% of group profits - after flat sales at the time of the last update.

Retail analyst James Collins at Deutsche Bank, Tesco's joint house broker, is forecasting a 1.5% decline in the most recent like-for-like UK sales.

He said: "We expect third-quarter like-for-like trends to have deteriorated in most markets versus the second quarter, most notably in the UK, Thailand, Ireland and Korea."

Barclays' James Anstead is predicting a 1.8% drop. He said: "It seems unlikely that Tesco's third quarter trading statement will be the turning point that the market is looking for."

Shore Capital's Clive Black is expecting a sales decline of 1-2%.

Tesco was one of the biggest FTSE-100 fallers. The shares lost more than 2.5% to close at 345p. Two years ago they were changing hands at 405p. JP Morgan yesterday cut its price target from 335p to 315p, Deutsche Bank reduced its target from 405p to 386p.

Tesco's main problems are in the UK, where it is losing business to upmarket rivals like Waitrose and the hard discounters, especially Aldi and Lidl. It is also struggling to catch up with a move away from big weekly shopping trips to out-of-town hypermarkets and a shift to online shopping.

Last week research group Kantar reported that all four of the big UKsupermarkets were losing market share, for the first time in more than a decade.

Clarke is 18 months into a £1bn transformation plan for Tesco's UK stores, which ranges from employing more store staff to revamping tired hypermarkets, improving the food on the shelves and trying to make faster headway in online shopping.

In an interview with the Sunday Times last weekend, Tesco's chairman Sir Richard Broadbent admitted the grocer had become too inward-looking over recent years and "had lost touch with the outside world". He said that a turnaround would not be rapid and that innovation - such as Tesco's new Hudl tablet computer - was key to the retailer's revival.

But at Tesco's last financial results it became clear that the grocer also has substantial problems overseas. Clarke, who led the international business before he took over the top job, reported declining like-for-like sales in every one of its international markets, which spread from Turkey to Thailand. Profits in Europe were down more than 70%.

Article Source : http://www.guardian.co.uk
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RBS chairman reveals employee lobbying over banker bonuses

Sir Philip Hampton describes 'out of body experience' over one banker's complaint about £4m payout

The chairman of Royal Bank of Scotland described on Monday how he felt like he was having an "out of body experience" when a banker protested to him that his £4m pay deal was unfair.

In a rare insight into the pressure top employees try to put on boards over their pay levels, Sir Philip Hampton said he had been contacted "quite a lot" by bankers wanting bigger pay deals via email and in face to face meetings.

Since becoming chairman of RBS after its £45bn bailout five years ago – it is now 81% owned by the taxpayer – Hampton has had to fend off repeated criticism of the bonuses paid to investment bankers and to former chief executive Stephen Hester. But the 60-year-old admitted to being surprised by the demands made by some staff.

"I can tell you I've had some completely out of body experiences in recent years where I was talking to somebody about potentially getting a £4m pay package. And outrage coming across the table from the other side because they know that somebody doing a comparable job at another bank is getting £6m. This is absolutely outrageous to them, that somebody is getting 50% more," he said.

Speaking at a debate in London organised by the High Pay Centre, the Freidrich Ebert Stiftung foundation and the Guardian, Hampton did not name the banker who had been disappointed by the £4m deal. On an intellectual basis he could understand the argument, he said, if not the feeling about the size of the payment.

It illustrated "part of the different world that can be inhabited", said Hampton, who attends meetings of the remuneration committee but does not have a formal seat on the board committee that sets pay. He receives £750,000 a year.

Hampton, who started his career as an investment banker at Lazard and became finance director of British Steel in the mid 1990s, said that in banking, expectations of bonuses had become "deeply embedded".

He said it was part of banking culture to work for your bonus, but considered that the power of bonuses to motivate staff was "overrated". However, he did not oppose bonuses as a way to pay staff because they were effective in aligning them with shareholders – especially as payouts could be clawed back if performance turned out not to be as good as it first seemed.

In 2012, he said, bonuses in the investment bank were 80% lower and the top 10,000 staff did not get pay rises.

The culture of bonuses being paid regardless of performance led to the EU capping them at a single multiple of salary – or twice with the approval of shareholders. The government is challenging the bonus cap, which regulators fear could push up fixed salaries. Barclays has been discussing the possibility of handing its bankers an allowance to make up for lost bonuses and Hampton would not disclose RBS's proposals for pay once the cap comes into force on 1 January.

"There will probably be some inflation of base pay," Hampton said. But, he warned, the impact could be to increase fixed costs for the bank. Some aspects of bonuses had encouraged unwanted behaviour, he said, citing incentives to sell payment protection insurance that have left the industry with a £20bn bill to compensate customers. "It is absolutely possible to have incentives that are disastrous. That was the case with PPI."

Article Source : http://www.guardian.co.uk
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Somali remittances: Dahabshiil granted Barclays reprieve

Somali money transfer firm wins temporary injunction preventing Barclays from cutting its banking services

Dahabshiil, the remittances company, will be able to maintain an account at Barclays after winning a temporary injunction at the high court, keeping a financial lifeline open for millions of Somalis in the Horn of Africa.

The court's decision was welcomed by charities and the Somali prime minister, who called for a long-term solution. "As Somalia continues to recover from two decades of unrest, these remittances remain an essential source of income for more than half of all Somalis," Abdi Farah Shiridon said. "To many these remittances pay for a basic standard of living."

Barclays expressed its dismay at the unexpected verdict and said it would lodge an appeal. "We are very disappointed at today's decision and we will be appealing," said a spokesman. "Barclays made a legitimate decision to exit these businesses based upon the well-known risks of money-laundering and terrorist financing in the money service business sector. The risk of financial crime is an important regulatory concern and we take our responsibilities in relation to this very seriously."

The interim injunction has the effect of preserving Dahabshiil's banking arrangements with Barclays until the conclusion of a full trial. The Somali firm was also awarded the costs of seeking the injunction. It is unclear when the full trial will happen but Barclays is keen for it to take place as soon as possible.

Barclays, the last major bank providing remittance services to Somalia, announced in May that it planned to shut down the accounts to about 250 money-service businesses, initially setting a 10 July deadline, citing concern over falling foul of money-laundering regulations.

But after an outcry from Somali remitters, academics and some MPs, who claimed the bank's concerns were exaggerated, the deadline was pushed back. Dahabshiil, which sought an injunction to stop Barclays from shutting it down, claimed the British bank was abusing its dominant position by proposing to end the relationship without objective justification, and by treating Dahabshiil differently from other customers.

Somalis living in the UK send more than £100m a year for food, healthcare and education to relatives in the Horn. Somalia is particularly dependent on money-service businesses as it lacks a formal banking system after decades of war.

Annual remittances from the UK amount to more than £15bn worldwide, with up to 65% flowing to developing countries. The UK has one of the largest money-transfer markets in Europe and the largest number of money-transfer operators.

Oxfam's director of campaigns and policy, Ben Phillips, said: "The ruling provides a small window of opportunity for Somalis living in the UK to send money home to loved ones in one of the poorest countries in the world. However, this does not solve the problem – a long-term fix is needed to safeguard hundreds of thousands of people relying on the money for food, medicines and education."

Laura Hammond, head of development studies at the School of Oriental and African Studies, also stressed the need for a long-term solution. "There is a need to push ahead with efforts that have recently been announced by the government to review regulations and procedures for ensuring compliance to better safeguard the remittance corridor in the medium to long term," she said.

"This crisis was brought about through a severe lack of trust, understanding, and information on the part of many involved in money transfer, and the review of procedures must stay on track in order to create a more transparent and accountable system."

After a meeting in September, chaired by senior officials from the Treasury and the Department for International Development (DfID), the government announced several steps to deal with the fallout from Barclays' move. The measures included a planned "safe corridor" for transferring money between the UK and Somalia.

The pilot scheme will be developed to test and establish audit mechanisms to track payments at the sending, clearing and receiving stages of the remittance process. DfID will work with the World Bank to support the development of the mechanism and train money-transfer operators in Somalia over the next 12 months.

Article Source : http://www.guardian.co.uk
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