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15 February 2009
Better The Devil You Know!

On an outing from the OECD's Parisian palace with its fabled wine cellar, Secretary-General Angel Gurria tells us that a 'failure of business ethics' underlies the global recession, and that 'our societies are disgusted with business practices'.

Well I'm disgusted with him. What would he know about business? He has spent thirty years in public service and not-for-profit organizations, and has received awards for his contributions as a 'global citizen'.

There is no failure of business ethics, except for those people like Mr Gurria who would like to live in a cooperative in some bucolic Central European paradise out of Fiddler On The Roof. Business is tough, indeed, and people get hurt, but a company that fails to understand its market, or to supply what its customers want, or to reward its employees on all the levels that are necessary will simply go bust.

Banks have been failing lately, and have become the especial targets of the wrath of the newly-reimpowered militant tendency, but this is not because of 'disgusting business practices', whatever that may mean, it is because they lost sight of the rules of their market-place, and specifically they failed to 'lend short and borrow long', which is surely the first rule for any banker.

Sub-prime mortgages are 'lending long', and such lending should be matched by long-term borrowing, instead of which the banks relied on the inter-bank credit market and short-term customer deposits, which is 'borrowing short'. Therefore they were caught with their trousers down when the credit-default swap market imploded. That itself was a nice game, in which bankers pretended to themselves that their liabilities were insured, with the connivance of the rating agencies, but it was hardly 'disgusting', and certainly not unethical. It was just plain stupid.

Because of the importance of the money industry to the rest of the business world, banks are highly regulated. Supposedly. They are also subject to the law of the market-place. Supposedly. In fact neither of these things is true, and that is where the problem truly lies. Apart from Lehman Brothers, no bank has been allowed to go bust, and that is ridiculously bad governance, creating a moral hazard bigger than the iceberg that sank the Titanic. What banker in future will ever bother to be prudent? It is a catastrophe of the first magnitude.

As regards regulation, governance has equally failed at its task. The BIS is a trade union, and could never have been expected to self-regulate in a way that might disbenefit its members; but what about governments? Are they too uneducated to have understood what was happening? No, they are just too short-sighted; they can see only as far as the next election. No politician ever stops a boom, because that amounts to electoral suicide. Who's left, then, to muck out the stables? Oh, it's the OECD, and the rest of its scholastic fellows, the IMF, the World Bank, the United Nations and so on. And where were they when they were needed? When Wall Street and AIG and the Masters of the Universe were sowing the seeds of their own destruction? Drinking claret, making speeches and greenifying their world, that's where they were.

It's a big failure of supervision and law-making, there's no doubt about that, but calling it 'disgusting' and looking down your nose at business is no way to cure it. There needs to be a new Bretton Woods, with an institution representing banks, governments and multilaterals which will create a global regulatory framework and supervisory body for the financial industry. It won't happen, of course. Instead we shall continue to get Mr Gurria and his ‘Fairer, Cleaner and Stronger' dream-world.

Better the devil you know than this angel!

You have been reading an entry on the following blog:

Jeremy Hetherington-Gore Unleashed
Jeremy tackles the difficult issues head on!
Contact: jeremy@lowtax.net





Other recent entries in this blog:

10 January 2010
The Geese Are Dead

The British government is now face to face with the consequences of the mistakes it has made over the last ten years in regulating and taxing its gaming sector. It is scarcely the only country to have trodden the same error-strewn path, but in the case of the UK the damage is greater because of the highly profitable industry which the government's policies have now almost destroyed.

'For many reasons, increasingly few companies active in the British market are now regulated by the Commission,' bleats Minister for Sport Gerry Sutcliffe.

So what has happened?

In 2001 the Government replaced its age-old system of taxing punters with a 15% tax on gaming gross profits (and operators also have to pay VAT plus corporation tax plus a super contribution on any horse-racing turnover to a superannuated, cosy old industry nag called the Betting Levy Board). This step wouldn't necessarily have been fatal on its own, but when Internet betting started to supersede the betting-shop kind, and UK-based operators began to desert in droves to Malta, Gibraltar, Costa Rica and the Channel Islands, the government imposed a 15% tax on Internet gaming profits for all those firms which it licensed, and created a tough licensing regime under the Gaming Commission. But it could only license firms on its own territory and was forced to allow in all EU-based firms, without being able to tax them.

Now, with gaming tax revenues disappearing down a black hole, it is having a King Canute tantrum and wants to impose licensing (and hence taxation) on all the firms that operate in the UK (ie advertise there for punters). But why should the EU permit this? There are perfectly adequate regulatory, licensing and taxation regimes in Ireland, Malta and Gibraltar, all EU Member States, and where the ex-UK betting firms now prosper. Under what circumstances are they going to allow the UK to steal their revenues, or to replace their rules with a new set? And under what law can the UK forbid another properly-licensed EU operator from advertising freely throughout the EU?

The ECJ's Gambelli ruling in 2003 was unequivocal: gambling is a service and is subject to EU freedom of establishment rules. There is no way in which one EU Member State is going to be able to impose its own legislative practices on another one. The EU Commission has already attacked France on this issue. It is a mystery how Minister Sutcliffe could be so badly advised as even to try.

What the government should have done was to accept the inevitable and offer a light-touch, low-tax regime to compete with Malta et al, instead of hiding benhind a hypocritical ('protect our children') smokescreen. All it really cares about is the tax, and now it has lost that along with the gaming industry. The existing law is a dead letter, as the government is implicity acknowledging: you can ban a foreign firm from advertising on the Internet, but Berkshire is not Beijing, and if a 16-year old wants to place bets with a Costa Rica poker site using his father's Swiss credit card and bank account, who is going to stop him?

Even now it is not too late for the government to come to its senses, but under Pastor Gordon Brown's presbyterian theocracy, and faced with the Treasury's emptying treasure-chest, what chance is there of that? The few remaining British gaming firms will now pack their bags and leave. 'Mene, mene, tekel upharsin'.


01 January 2010
Reciprocity: That's The Name Of The Game

Reciprocity. It sounds so fair and reasonable, doesn't it? Argentina is applying the principle in its new border tax: if my country charges Argentinians 83.795 sea shells for a visa, then that's what Argentina will charge me to go there.

Sorry; wrong! Go the the bottom of the class. The Bible's Old Testament is big on reciprocity: 'an eye for an eye and a tooth for a tooth'; but Jesus knew better, saying that you should 'turn the other cheek'.

Reciprocity is what leads to trade wars and protectionism. You put a duty of 50% on my bananas, so I put a duty of 50% on your beef, and before you know it, trade volumes have slumped away to nothing. These sort of duties are especially popular – and damaging – in the EU, where they are frequently termed 'countervailing' duties. They are closely related to 'anti-dumping' duties, which should really be called anti-consumer duties.

If another country, or a manufacturer in another country, wants to sell off its surplus production at cost into my country, in order to help its cash flow, then the right response is for my country to say thank you very much and allow consumers (or manufacturers wanting that type of input) to take advantage of the lower prices that result. But of course that isn't what happens: the over-priced and usually highly unionized firms in my country which are damaged by the extra competition go wailing to the government (or the Commission in the case of the EU) and demand an anti-dumping duty to set them right. And they often get it, thus putting off the day when they might have to do something about their antiquated methods and under-skilled work-force.

'Social dumping' and its cousin 'fair trade' are other forms of reciprocity and are equally damaging to long-term competitivity and the interests of consumers. 'Social dumping' is when your country exports products to mine which have been made by workers who don't have the gold-plated working conditions that make my country uncompetitive. Taken to its logical conclusion, the principle of fair trade would ensure that all manufacturers around the world are equally uncompetitive, and indeed this is what its woolly-minded proponents do actually want. Unfortunately for them, that's not how human nature or the markets work.

There are better ways of protecting the interests of young children and oppressed working populations than with the sledgehammer of reciprocity, although they require long-term effort and investment on the part of developed countries. But it is seldom in the interests of politicians to look to the long term, and consumers are not educated to understand their own best interests – they are economically illiterate in most cases – so that the electorally popular sledgehammer continues to be used, to everybody's disadvantage other than the narrow mercantile class that called it down.

Sorry to be a bore. I promise not to preach this sermon again for another 12 months!


Latest 25 entries from all other blogs:

13 December 2009
No Pensions, Please, We're British

22 November 2009
The Ex-Wives' Charter, Norwegian Style

18 October 2009
To Will Or Not To Will?

03 May 2009
Time To Get Out Of Money?

04 April 2009
A New Economic Order

22 March 2009
Asset protection, bearer shares and anonymity

08 March 2009
There's No Fool Like A Gold Fool

19 February 2009
Time To Tax The Vegetarians!

17 January 2009
How Do You Achieve The Lifestyle Of Complete Freedom Without Having The First Million In The Bank?

23 November 2008
Please Securitize Me

19 November 2008
You Don’t Know Until You Go!

28 October 2008
Why the Financial Crisis Doesn't Really Matter

26 October 2008
Is Oil Cheap?

14 October 2008
The British Government’s ‘Ill Considered’ Use of Anti-Terrorist Financing Legislation against Iceland and the Wider Implications

07 October 2008
How and Why You Should Buy Physical Gold Offshore

04 October 2008
Thank You, Mr Paulson

22 September 2008
Scam Busters: Second Citizenship and Passport

05 September 2008
Offshore Banking: Failure to Open a Bank Account

29 August 2008
How to Avoid Envy by Keeping a Low Profile

21 August 2008
High Yield Offshore Investment Programs: Do They Exist?

20 August 2008
Blacklisted Offshore: Private Consultant's Opinion

18 August 2008
Why taking a vacation can improve your health – and wealth!

17 August 2008
Alphabet Soup

11 August 2008
Your Ships Come in Over a Calm Sea

07 August 2008
While Offshore Banking Giants are in Trouble

See the Lowtax Network Blogs page for older entries.


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