Hackgate (as it now seems to be called on Twitter at least) is not, I venture to suggest just about hacking, Rupert Murdoch and his acolytes, one rotten newspaper or even the media as a whole. It is about a systemic failure of responsibility and accountability, assisted by massive opacity.

That opacity has in turn led to three things. The first is massive wealth imbalances which are only dimly but none the less accurately perceived. The second is a real threat to democracy that has been almost completely hidden from view. Those two in turn have led to alienation that is now leading to a breakdown in trust. That,  of course, then threaten society itself.

There is  enormous opacity about business activity in the UK, and throughout the world. Company accounts have become longer but less meaningful. New accounting rules introduced by the International Accounting Standards Board have reduced the status of those accounts to being data solely designed to assist those speculating on financial markets.  All responsibility  of the directors for the stewardship of corporate assets  under their control or  any hint of responsibility on their part to long-term investors has been eliminated from financial reporting by this body.  The result is that, as was witnessed in much of the discussion headed by Luke Johnson, chair of the Royal Society of Arts on BBC 24 last night,  the capacity of the business community to assess the impact of this issue is reduced to discussion of its consequence for the share price. Nothing else, apparently matters.

And yet, we know it does.  We know that what corporations do is fundamentally important. We know that they can hide the truth of what they do. They can do this within their own accounts, and most especially they can do it in the accounts of their subsidiaries, and particularly those that are located in tax havens. They can hide the existence of those tax haven  subsidiaries from view.

An addition, the way in which company accounts are presented to members, on a purely consolidated basis so that internal transactions are not seen means that those payments made within organisations to hide the location from which corruption is managed can never be identified. But then, not can most of their use of tax havens for any reason be identified, any more than their use of such locations to ensure they minimise their contribution to society in a way designed to undermine the democratic mandate of elected governments be assessed.

This is of course suits the cheat, the crook, the monopolist and the person simply seeking to hide from regulatory purview;  they’re all assisted by this opacity, deliberately created over many years, and advanced considerably over the last few by the complicity of the Big 4 firms of accountants who have set out to create an accounting framework that lets multinational corporations undertake their trades behind a veil that outs them almost beyond scrutiny.

The consequences are clear.  We have companies like  News Corporation  that have, it is now clear, committed illegal acts (because some people have already been found guilty of them) where directors can apparently claim that they knew nothing of what was going on. Well of course that is, theoretically, possible in the situation I describe. Because such multinational corporations can heap  subsidiary company on  subsidiary company within the organisation and push responsibility for payments down into lower entities within the group which the higher directors can then claim to only have interest in as shareholders  those high-level directors can  then use this structure to seek to avoid responsibility  for the activities of the companies which they control. I have little doubt that at some point in time this defence will be rolled out in the case of News International.

This, however, is not good enough. Business is an amazing thing:   it has delivered, and can still deliver, enormous prosperity within the UK and around the world. Let’s not forget that for a minute. But it also has the capacity to abuse. It can abuse employees; it can abuse shareholders and it can abuse the public at large.  Despite this the only account that we have of what it does is provided by the financial statements that each multinational corporation is obliged to supply to its members each year, The content of  those accounts is regulated almost entirely by  the International Accounting Standards Board  which has very recently sought to narrow its remit  and the scope of its responsibility. As I noted on Forbes recently, the existing constitution that governs the International Accounting Standards Board says its purpose is:

(a) to develop, in the public interest, a single set of high quality,understandable, enforceable and  globally accepted financial reporting standards based upon clearly articulated principles.These standards should require  high quality, transparent and comparable information in financial statements and other financial reporting to help investors, other participants in the world’s capital markets and other users of financial information make economic decisions.

(b) to promote the use and rigorous application of those standards.

(c) in fulfilling the objectives associated with (a) and (b), to take account of, as appropriate, the needs of a range of sizes and types of entities in diverse economic settings.

Note  that right at the outset the public interest comes first ( at least on paper, if not in practice).  And note too  that whilst participants in the world capital markets are important (and they are) it is recognised that the interests of other users of financial information are just as important,   even if again practice has not followed principle.  Finally, amongst the many points that could be noted,  it is clear that this body thought it had obligation to all types of economic entity, in all types of market, and economies.

However, at this moment the International Financial Reporting Standard Foundation that governs the International Accounting Standards Board is revising its constitution. I have no doubt at all that one reason it is doing so is because of the pressure brought to bear on it by the in civil society campaigning for country-by-country reporting which would expose the tx haven activity of multinational corporations, which is being massively resisted by the accounting profession.   This is what it says in its proposed revised constitution:

In carrying out the IFRS Foundation’s mission as the standard-setting body, the IASB should develop financial reporting standards that provide a faithful presentation of an entity’s financial position and performance.  Those standards should serve investors and other market participants in their economic and resource allocation decisions.  The confidence of all users of financial statements in the transparency and  integrity of financial  reporting is critically important to the effective functioning of capital markets, efficient capital allocation, global financial stability and sound economic growth.

All mention of the public interest has gone.   Now the sole purpose of financial reporting is to serve the needs of financial markets. There is nothing else.

This is extraordinary:  at a time when the need for greater transparency and accountability with in multinational corporations has never been higher to restore public confidence, to support democracy, and to ensure that people are not abused the accounting profession is closing ranks to make sure that the information  available on the trading and other activities of the world’s largest companies is more hidden from view than ever before.

Hackgate must have consequences.  One of them is that questions must be asked about the right of the self appointed, private sector, tax haven-based organisation called the International Accounting Standards Board  to create rules for accounting for the world’s largest companies when there is a complete conflict-of-interest within it because the Big 4 firms of accountants sponsor it, their clients help promote it, and the needs of society at large and the democratic principle that companies are accountable to the states in which they are incorporated, and to the people of the world at large  are ignored by it.

We cannot hold the world’s corporations to account when they control the rules of accounting.  The time to reclaim those rules for parliaments has come, and the process of oversight of that rulemaking has now to be transparent and accountable itself, with the rights of large corporations being respected, but by no means being dominant within the process.

Will our legislators have the confidence  to do this?  Will they grab this opportunity? If they don’t, they will leave us for ever guessing about what large corporations are doing, and  will give those multinational corporations the opportunity to hide for good their activities, licit or otherwise, from public view. We cannot afford that. Democracies cannot survive that. Our society is threatened by the current opacity  we suffer. The time for reform is now.

 

As his grip on power in the UK slips, undermined by his own remarkable lack of judgement, David Cameron his gone off to South Africa for a couple of days to support the Bob Diamond / Barclays Bank gravy train.

As the Guardian notes:

He will praise his generation for marching against African debt and for holding concerts to raise funds for aid to the continent.

No mention of apartheid I note, or Barclays and the Tories role in supporting it. What a strange oversight. There is this though:

But in article in the South African Business Day he will call for a change of approach. “They have never once had a march or a concert to call for what will in the long term save far more lives and do far more good – an African free trade area,” he writes.

This is utterly untrue. In a continent where collecting direct taxes is nigh on impossible – because people don’t earn enough and the infrastructure is not in place – tariffs are essential if revenue is to be raised. But Cameron wants them abolished. The cost to health care, education and well-being will be enormous. Jeffery Owens at the OECD reckoned during a conversation with me a couple of years ago it would be 30% or more of all African tax. That will deliver untold misery.

More than that – Cameron knows (or he should know) o country has developed without the benefit of tariff barriers. It’s how infant industries develop. But off goes Cameron to demand the creation of the Washington Consensus’ dream in Africa – a continent left open to Western exploitation without tax being paid in any local country.

Sickening.

But so typically Cameron.

Has the man any wisdom at all?

Let alone the most basic of human emotions – empathy. But for an accident of birth he might face the poverty that is reality for so many Africans, and he seems utterly unable to understand that. Instead he goes to support one of the most notorious companies involved in the oppression of this continent – Barclays Bank.

 

 

According to Reuters:

The United States has ended talks with Switzerland aimed at settling a row over investigations into Swiss banks accused of helping Americans dodge taxes, a newspaper reported on Sunday.

Citing an unnamed source with insider knowledge, the SonntagsZeitung newspaper said the U.S. had sent Berne a letter two weeks ago saying it had no interest in a global settlement to end the tax dispute.

Fresh after the news that Credit Suisse is being investigated in depth by the US it looks like this deal has stumbled for ione excellent reason: that principle has come ahead of cash. The US wants to prosecute those who abused US law. The Swiss wanted to pay and get all Swiss bankers off the hook in the US.

The US have done the right thing.

Now it’s time for the UK and Germany to do the same thing (and that certainly seems possible: their talks ar also running into problems). Then it’s fair game to go back at Swiss banks for the assistance they have given to their clients to evade tax.

I’m looking forward to seeing the outcome of that. My hope is that the issue is taken to the top of the banks in question, because that’s where the problem lies.

There are n rotte apples in Swiss banks. It’s the orchard that’s got canker.

 

As the Guardian has reported:

The chancellor, George Osborne, will fire the starting gun on the Treasury’s new tax grab of offshore gambling profits by making a statement to the House of Commons.

The move, squeezed into the House’s schedule on Monday, just before the start of the summer recess, follows a statement on the same topic last week by the heritage minister, John Penrose. He announced that every betting company offering wagers to British punters will have to obtain a UK licence – news that was widely seen as a precursor to the UK beginning to tax offshore operators.

So suddenly the government finds it can tax offshore transactions. I welcome that, of course.

So let’s have some further essential changes to make sure this always happens.

Let’s make sure that all VAT abuse through the Channel Islands ends, now.

Let’s ensure that all interest paid to an offshore entity is subject to a tax deduction at source – without exception (yes, including payments to banks wherever their head offices may be incorporated).

Let’s ensure all rents paid offshore are always subject to tax withholding at source.

And let’s scrap the appalling reforms to UK tax law introduced by George Osborne that actively encourages the use of offshore by multinational corporations and offers them massive tax savings if they do so – surely one of the most bizarre decisions by a Chancellor of the UK, ever?

And it’s time to say that all the farcical claims to be offshore made by so many multinational corporation subsidiaries by asserting board meetings are initialled at meetings in far flung places are just a charade and that all the entities in question are actually resident here in the UK where so obviously the decisions are really taken.

The people of the UK are fed up with scams. Let’s stop the offshore one.

 

As the Guardian reported earlier this week:

News Corp has announced plans to buy back $5bn (£3.2bn) of its shares in an attempt to halt the slide in value of Rupert Murdoch’s media empire.

Tonight it reports of BSkyB:

BSkyB directors will consider a payback of up to £2bn for investors and discuss James Murdoch’s future as chairman when they gather in 10 days for a board meeting.

So £5bn of shareholder cash is being used to pay for the Murdoch’s damaged reputation.

I think it appropriate to ask a few simple questions.

First – who is authorising this? If it’s the Murdochs – who thinks that appropriate?

Second, by how much will the Murdoch’s benefit? Are they lining their nest before leaving?

Third, how can we know NewsCorp will remain solvent after this given the scale of potential fines and compensation it might be paying?

A review of corporate governance at these companies seems essential. Surely it is time for the independent directors to step in and take firm action? Isn’t this their role? And if they haven’t got the courage to stand up now then what use are they?

 

Every director of News International seems to ‘know nothing’ about hacking.

Now I’m guessing here – and I stress that – but just suppose that was the case because all the payments in question were routed through offshore entities – located in what I and my colleagues who research these issues called ‘secrecy jurisdictions’? That would have been entirely possible – and how convenient it would have been. And it’s not as if it has not happened before in multinational corporations.

But if – and I stress if – that’s the case then the reasons for demanding full accounts on public record for all companies within multinational corporations and full country-by-country reporting plus full accounts on public record in all jurisdictions around the world is confirmed as being one of the highest priority if corruption is to be eliminated.

And at the very least we have to know if this was the case, or not.

 

Quite reasonably anger has flooded in the direction of Rupert Murdoch and his acolytes over the last few days. More will follow and rightly so ove the coming week and months. Radical reform of politics, the press, libel law and more should follow, including a change of government. Cameron’s complicity in all this is going to be hard to accept for long.

And yet, angry as we are about phone hacking and the press corruption emanating from Murdoch the harm that has caused is but nothing (without in any way trivialising it or the personal agony involved) compared to the crisis his media empire is about to help unleash on the world’s economy.

Without Fox News it’s very unlikely that the Tea Party would be in the position they are now in the USA. Because of Murdoch’s support for them and the blatant political bias he brought to US news reporting they have seized control of parts of the US media and in turn the Republican Party. The result is that America is on the brink of defaulting on its debt.

It need not do so. There is no crisis: US debt remains completely saleable; if more were offered to the market in August it would be snapped up. So this is an issue entirely created in Washington by the American right wing in pursuit of its own agenda; an agenda that Fox has promoted.

An agenda that says Washington is the enemy. That regulation is bad. And tax worse still. And that the rich must be free of tax, and the poor must lose services to pay for that freedom. But nothing must touch US military spending since that keeps the rich rich as much as not paying tax does.

To put it another way, as Will Hutton said today:

President Obama has tried to fashion a bargain with a collection of right wing politicians that most in Washington regard as both mad and dangerous.

I think that’s probably being polite. These people aren’t even in touch with normal human discourse. They have no empathy with those who will suffer as a result of their actions – like the millions of pensioners who will be left without an income. And they have no respect for the rule of law - because they’re going to willingly ignore the contractual obligatiuons the US has accepted to pay its debts – a debt they are saying they will not honour.

This is Murdoch’s real legacy – the destruction of the state is what he aimed for, and in the US it’s getting close to happening as zealots seek to destroy the country they claim they love.

We can hate Murdoch for his corruption of the UK’s media and politics but in the US they’re going to have much more to hate him for. And as the impact will ripple like a tsunami around the world’s economies we’re all going to feel the impact of his corrupt, perverted and dangerous logic – a perversion that seeks to undermine the very fabric of society.

Except, of course, we now know that Murdoch had no comprehension of what that fabric wa and what normal human empathy or concern for others was. He built the Tea Party in his own mould and the price of his doing so will be enormous.

 

Frances Coppola is a former banker. As she says of the latest round of Europan bank stress tests:

The structural inadequacy of the EU test, and the low capital requirement, arise from the fact that at the moment no EU leader is prepared to admit that multiple sovereign default is even a serious risk, let alone likely to happen soon.  I am reminded of the last line of Flanders & Swann’s The Ostrich: “Here in this nuclear testing ground/ Is no place to bury your head!”.

Let’s hope the EU leaders get their heads out of the sand and come up with a sensible plan for dealing with excessive debt burdens in peripheral countries before the Eurozone blows up in their faces.

My fear is simply stated: I don’t think they will. Neoliberalism still tells them to believe in the market and that the market knows best. It incapacitates them by crippling the self confidence of politicians, who it says be definition do the wrong thing.

That’s why we’re in this mess.

I hope we can get out without a real disaster. But it will take people – people like Ed Miliband who has now found his confidence - to stand up to bankers as Miliband stood up to Murdoch – and say “You’re wrong – and we have got the right to say so, and regulate you as a result”.

Is that too mush to hope, even now? I hope not.

 

As the FT notes:

Only nine banks failed the long-running stress test carried out on 91 European banks, far fewer than analysts had predicted, in a result that potentially undermines claims that the exercise was tough enough to restore investors’ jaded faith in the eurozone financial system.

That about says it all: even now the Cowardly State can’t face up to banks. We need a Courageous State.

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