Review must generate change
Thursday 21st October 2010, 2:30PM BST.
AN ADMISSION this week from the Guernsey Financial Services Commission that, yes, it had become disconnected from the sector it regulates was an important first step towards re-establishing a better relationship with those in financial services.
It was also a recognition of what this newspaper has been highlighting this year, that all elements of the industry were close to mutiny over the way they perceived the commission to be discharging its duties.
No regulator is ever going to be best friends with those he supervises – unless doing the job badly – but there has to be an understanding on both sides of what the controls are trying to achieve and why.
With the benefit of hindsight, it is tempting to say that the deterioration in the relationship was inevitable given the global financial melt-down and the absence of current guidelines within which the GFSC should operate.
Without direction, all any supervisory body can do is to apply the rules it is tasked with maintaining. And, given the blame that would fall on the GFSC in the event of a hostile review by, say, the International Monetary Fund, the tendency to tighten the screw to the maximum is perhaps understandable.
While the latest disagreements between industry and regulator have been damaging, there is the potential for some benefits to emerge.
The first is political involvement and the production of an updated direction of regulatory objectives, which will provide the context in which an independent regulator is to operate. The second is a review of the value of regulation and its purpose, which will help to redefine what Guernsey wants out of regulation – the minimum intervention to help retain a premier division finance sector – and the GFSC’s role in that.
So far, so good. But the industry has been particularly bruised by recent events and will need to be convinced that the regulatory leopard can indeed change its spots.
They will need convincing that the terms of reference of the review and whoever conducts it are sufficiently robust to guarantee change and are not simply chosen to reinforce the existing unhappy regime.
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“Without direction, all any supervisory body can do is to apply the rules it is tasked with maintaining.”
Guess that’s why it relied on unsubstantiated third-party assertions rather than carrying out its own due diligence on the Guernsey-registered, GFSC-authorised bank that collapsed in 2008.
The GFSC is sadly not fit for purpose so this root-and-branch review cannot come soon enough, preceded by a fully independent public inquiry into the collapse of the Guernsey bank in 2008.
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Your Comment writer says “With the benefit of hindsight, it is tempting to say that the deterioration in the relationship was inevitable given the global financial melt-down and the absence of current guidelines within which the GFSC should operate”.
Tempting but wrong.
The GFSC had the legal wherewithal to properly regulate. These powers had been built up over the years.
It is the people at GFSC and its than leadership that failed in the autumn of 2008. People failed to properly assess risk and regulate.
Their lack of judgemnt is seen in the pathetic excuse that they relied on the FSA, at a time when so many observers realised just how useless the FSA was.
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