Equal under the law?

George Orwell wrote "some animals are more equal than others".

Did you know that government grants to FCA and its predecessor FSA (UK’s financial services regulator) statutory immunity from liability to damages? You do now!

Why? Only government could tell you. But it won’t!

FCA's not immune from prosecution. Nor is it immune from liability to costs of successful litigation. It’s only damages. Bizarre!

UK Courts are forbidden by law to award any damages against FCA, however much damage has been done by it.

The immunity gives carte blanche to damage citizens’ interests. None may sue for redress.

The law provides that FSA/FCA maintain a public register ACCURATELY at all times.

Years ago, FSA falsely displayed two individuals on that register as directors of a large national firm. It then publicly censured that firm for gross professional misconduct. That censure's published on the same register!

Nothing's changed since; the false data and public censure remain on that register today!

Damage to those individuals’ reputations is immense; the knock-on effect on their business has been devastating.

FSA upheld the individuals' complaint. It admitted to MISLEADING register users, acting UNFAIRLY and publishing UNCLEAR data.

Case closed? No!

FSA refused to remove the data, believing it also to be “LEGALLY AND FACTUALLY CORRECT"!

Yes, that’s right; "MISLEADING, UNFAIR AND UNCLEAR", but "LEGALLY AND FACTUALLY CORRECT"! That takes some doing! (don’t try this at home)...

But FSA, protected by law from suit for damages, got away with it. What a way for a major UK industry regulator to behave!

FCA endorses FSA’s position. It enjoys the same immunity.

The individuals referred their case and the immunity issue variously to the Independent Complaints Commissioner, Ministry of Justice, HM Treasury, their MP, the Information Commissioner, their MEP, the European Commission, Council of Europe, the Parliamentary Ombudsman and even the Prime Minister – all to no avail.

This immunity seems inviolable; no one dares challenge it!

The police don't have such immunity. Nor does NHS. Nor does the Serious Fraud Office. Nor do the armed services. Nor do other UK industry regulators. Even GCHQ is not immune from liability to damages!

Human rights legislation affords citizens equal treatment under law and by Courts, including the right to justice and a fair trial. This is enshrined in UK's Human Rights Act, the European Convention on Human Rights, the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights; UK GOVERNMENT IS A SIGNATORY TO ALL OF THESE!

But how CAN citizens be treated equally and exercise rights to justice and fair trial when their government bars Courts from awarding damages?

Does government care? No. It maintains the status quo without explanation, claiming “contentment” with current arrangements.

Government invited an international law firm to submit a consultation paper. Published at http://www.publications.parliament.uk/pa/cm201012/cmselect/cmtreasy/writev/1574/fca38.htm , it is deeply critical; it demands that the immunity be scrapped and FSA/FCA made more accountable. Government ignored ALL of its criticisms and recommendations!

Were this typical Government behaviour, laws might never change!

Only by rescinding this immunity can justice be done and be seen to be done.

FCA will lose nothing if it’s removed. It would instead rely on Professional Indemnity insurance, just like everyone else has to do.

Parliament stands to gain credibility by abolishing it.

We ask everyone who's concerned about this threat to citizens’ rights to support this petition and publicise it as widely as possible until Parliament sits up, listens and removes this unfair privilege.

Please share this on Facebook, Twitter et al and with your friends and colleagues; we need all the support that we can get!

As the National Lottery's catchphrase once had it – “it could be you!”…