Green MEP Sven Giegold tabled a question to the European Commission in July asking about the EU’s position on the IASB’s revision to its constitution that has downgraded its obligation to anyone but those people who use accounts to make investment decisions. I discussed that issue here.

Now the Commission has replied as follows:

Answer given by Mr Barnier on behalf of the Commission

The Commission shares the view of the Honourable Member regarding the importance of properly taking into account the public interest in the IFRS standards setting.

In its written contribution to the first consultation on the strategy Review undertaken by the Trustees of the IFRS Foundation, the Commission stressed that legitimate public policy objectives must be given appropriate consideration ex ante in the standard-setting process, while recognising that the primary objective of accounting standards is to deliver decision-relevant information to investors, other participants in the world’s capital markets and other users of financial information. A key challenge is to ensure that the IASB’s mission of producing high-quality accounting standards should not undermine other important policy objectives. These include prudential regulation and financial stability. The Commission suggested that this may imply a revision of the respective provisions in both the IFRS Foundation’s constitution and in the IASB’s conceptual framework in order to give due consideration to such public policy objectives, including a revision of the current definition of the public interest within the Constitution of the IFRS Foundation. The Commission will repeat this message in its contribution to the second consultation document published by the Trustees.

In any case, as required by Article 3(2) of the EU Regulation on the application of international accounting standards(1), the Commission adopts international accounting standards issued by the IASB if they are conducive to the European public good. However, the regulation does not foresee the possibility for the Commission to set accounting standards itself. This would undermine the objective of achieving a single set of global high quality international financial reporting standards.

In dipolmatic speak that’s pretty clear: the EU is saying that they’ve got the conceptual framework wrong and public policy issues need to feature much more prominently.

And rightly so.

And don’t ignore the significance of this. The IASB has basically said such public policy matters are no concern of its – it has even said that accounts prepared using International Financial Reporting Standard should not be considered suitable for tax purposes without giving any indication in that case which accounts might be. If the EU is saying that this gross irresponsibility on the part of the International Accounting Standards Board should end, then I welcome it.

And remember, in this context, one reason (maybe the major reason) why the European Union will be proposing adoption of country-by-country reporting this autumn is that they’re so frustred with the failure of the International Accounting Standards Board to do so.

Now will they listen, or do they think themselves above such tedious issues as accountability?

 

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.

 

I’m not a great fan of the Daily Mail and its Sunday counterpart: their politics are rarely the same as mine. But there’s a not a shadow of a doubt they are a good bellwether of national sentiment, whether that’s good or bad. So it’s interesting that the Mail on Sunday said yesterday:

With only days before the Independent Commission on Banking delivers its interim proposals, the lobbying by several of our major banks is becoming furious. Barclays, HSBC and Standard Chartered, while officially denying plans to quit London, now say that on behalf of shareholders they would have to consider changing their domicile if the ICB’s proposals are too draconian.

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For a sector that claims to want to draw a line under the disastrous few years when taxpayers ploughed in countless billions in bailout money, toxic loan insurance, quantitative easing and other guarantees, such high – handed threats simply add to the sense of haughty disregard of public opinion – a disdain eloquently demonstrated by the billions that were shelled out in the recent bonus round, by the banks’ refusal to deal fairly with small businesses and by their continued lamentable standard of customer service.

Do these people have no sense of obligation to this country and its taxpayers?

No, they don’t.

That’s the simple answer.

But of course they should.

Country-by-country reporting is essential precisely because people like Mail readers think that companies do owe a duty of care to each and every state in which they operate. Paying tax is the ultimate measure of corporate social responsibility. The Mail gets that.

So why doesn’t George Osborne – who still opposes country-by-country reporting for banks?

And why doesn’t the International Accounting Standards Board?

Or any Big 4 firm of accountants?

Could it be that 1% thing?

 

Michel Barnier, the EU Commissioner for the Internal Market and Services was in London on Friday.

He met Vince Cable. I gather Vince confirmed the UK’s commitment to country-by-country reporting for the extractive industries.

Then Barnier met the International Accounting Standards Board and is reported to have said:

We would be particularly interested in continuing and improving the work of the [accounting] standards for the extractives and forestry industries – country by country reporting. In the EU we are taking action, as the United States has.

The IASB is dragging its feet on this issue, fuelled by the big firms – all of whom object to country-by-country reporting.

But I’ll quote a conversation I had with Michael Izza of the Institute of Chartered Accountants in England and Wales last week, who told me with regard to country-by-country reporting:

We’re not opposed to that.

How can you be opposed to transparency?

I pointed out the International Accounting Standards Board, PWC, Ernst & Young and the rest appeared to be. He shrugged, but said give them time.

There isn’t time. People are dying while they drag their feet. That’s why Christian Aid are, for example, pushing the issue so strongly, and Action Aid too.

For PWC this might be about accounting. For people not getting the healthcare they need in developing countries because their state revenues are being lost through transfer misplacing this is about life and death.

At least the EU get that. Good for them.

But it would be better still if they made the demand universal.

 

There’s widespread coverage of the fact that Ireland’s had a fifth go at estimating how but its banks are, and has upped the estimate to €70bn, a cool €24bn increase on the last time.

This time they say that’s it.

Well, I have a message for Ireland – I think you said that last time too. And you were wrong. And you may be again.

The fact is that this is just an exercise. And like all accounting exercises it only has meaning at a point in time. The loss is €70bn now – it could be more (and conceivably, but on current form improbably) less in the future.

Why more? Well, the more you say that Irish, and more generally, recently constructed real estate on a wider horizon is worthless – then the easier it is for markets to believe that’s true. And moral hazard comes into play – why bother to repay an Irish bank when it doesn’t expect you to do so?

That’s what’s happening, I’m sure. So, the losses just mount. It’s a vicious and endless circle. One way to stop it is to say that these banks are quite simply no longer viable, that they are in state control, and that as such the absurd accounting logic of International Financial Reporting Standard should no longer apply to them.

Now let’s talk about what this means. Mark to market accounting makes no sense in this environment when all that matters is future debt servicing. The rest is of no consequence.

So having to borrow to restore capital lost when actually the capital has not been lost – the property is still there and can be taken under the control of he bank and in at least a majority of cases can be turned to generate a cash flow for it is meaningless. That’s compounding the burden of the crisis. Of course these banks are bust on an asset basis – we all know that. But to force a nation to borrow to make that good is more than adding insult to injury. It’s providing other banks with the opportunity to lend money at profit to the ECB for them to lend on at high cost to Ireland so the bust banks can then repay the banks who lent to Ireland recklessly in the first place at cost to the Irish people. That’s a double burden on the Irish people – they lost the capital, now they’re losing the income and the reckless banks win both from them.

And all of that is done to comply with, firstly, an insane set of International Accounting Standards – rightly condemned by the House of lords this week for encouraging this mess in the frost place. Second, it’s done to meet banking regulations that assume a country has a functioning banking system. Well Ireland doesn’t enjoy that any more. It’s banks are bust. So let’s account for them on that basis.

That means that like it or not the loans to these banks can only be accounted for on the basis of the capacity of the Irish banks, and to limited degree, that nation to service them. And that means the only real measure of the worth of these loans is their cash generation ability. This is a long term view. It is one that might well suggest the loans have considerable worth – the value of real estate goes up, generally, in the long term. The markets may well recover from the current mess. It’s only International Accounting Standards that say we must only take the short term view – which is why they are fundamentally dangerous economic tools. In other words, different accounting would make Ireland’s plight look very different.

And actually different accounting would make the plight of the banks that lent to Ireland look very different if prudence dominated accounting thinking rather than the corrupt mark to market view of the International Accounting Standards Board. If a prudent view were taken then the loans to Ireland would have to be written down by the banks that lent them recklessly to ireland in the first place – because any prudent auditor (not that we have any in the Big 4 any more) would immediately see that Ireland has no capacity to service this debt – whatever the contracts say and however the markets are naively valuing the debt right now. So with a decent accounting system in place the problem would cease to be Ireland’s and would move on to be the problem of the banks that lent to Ireland – as it should be.

What does all this mean? Simply that Ireland is being screwed (there’s no better word for it) by poor accounting. And it can only get worse. Change the rules of accounting though and the horizon would look a lot better.

 

From the FT this morning:

From Henry Banyenzaki MP.

Sir, News that the European Union is to pass legally binding measures on country by country reporting for extractive companies has given a lift to transparency campaigners here (“EU closer to adopting financial reform similar to US”, March 4). The committee I chair in parliament soon will have much of the information on oil revenue that we need to hold our executive accountable.

The recent oil finds in Uganda, estimated at 2bn barrels, have the potential to transform our country, reducing poverty and pushing us to middle-income status. However, our neighbours in Congo have shown that natural resources do not always lead to development. Swift implementation of these reforms, and assurances that payments will be broken down project by project, will give us the best chance possible to avoid the resource curse and allow all Ugandans to benefit from our oil.

Henry Banyenzaki,

National Resistance Movement, Uganda

Chair, Uganda Parliamentary Forum on Oil and Gas

That’s why country-by-country reporting is important.

That’s why the EU must adopt it.

This is about relieving poverty.

And yet big business – like Shell, big firms of accountants – like PWC and Deloitte, and the accountancy profession in the shape of the Institute of Chartered Accountants in England and Wales and the International Accounting Standards Board all oppose it.
Why are they opposed to the relief of poverty in developing countries?
If they’d like to explain I’ll give them the space to do so.

 

The International Accounting Standards Board is undertaking a consultation – closing today – on its strategy.

The first questions it asks is this:

1. The current Constitution states, “These standards [IFRSs] 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. ” Should this objective be subject to revision?

I have submitted a response, saying there is, as such, no problem with the definition of the objectives for International Financial Reporting Standards noted above. There is, in practice, an enormous gulf between the stated objective and the delivery of International Financial Reporting Standards. The reality is that the International Accounting Standards Board has decided that information supplied to investors and other providers of capital In the world’s capital markets is sufficient information to meet the needs of all other users of financial information in the course of making the economic decisions. It is almost impossible to see how this decision can be reconciled with the stated objectives of the Constitution, and it is equally difficult to see how this viewpoint can be sustained in the face of rational argument.

As has been argued by Tax Research LLP, there are a wide range of users of financial statements, quite consistently identified over a long period of time to include:

• The equity investor group (shareholders) ;

• The loan creditor group (banks and bondholders) ;

• The analyst-adviser group who advise the above groups;

• Business partners; • Consumers;

• Employees;

• The business contact group;

• The surrounding community;

• Civil society organizations; and

• Governments and their institutions.

The first three such groups may (and we stress, may) have their needs met by existing data included in financial statements. This may be because the data they require is, in essence, required to undertake a remarkably limited function. Those users need, in the opinion put forward by the International Accounting Standards Board, to decide whether to continue their engagement with the entity solely in their capacity as suppliers of capital. As participants in the world’s financial markets, which are (usually) liquid and functional they have opportunity, often at little more than a moment’s notice to change their view on this issue, and engage or disengage as they wish. This then is a simple need of a group with remarkably little, or almost no effective or on-going relationship with the entity to which they provide capital, with which they have little or no effective actual relationship at all. It is this simple need that the IASB has chosen to address.

The needs of the other user groups for financial statements are complex. Those groups tend to have long-term relationships that are undertaken directly with the entity, or components of it, on a recurring basis. It may well be very hard for them to change these relationships in the short term. The relationships may be of dependency; they may be ones of oversight; they may be beneficial and they can involve the imposition of harm through the externalities of trade. But in almost no situation because of the complexity of the relationship is the information need of those users the same as that of the transient supplier of capital to an entity in the world’s financial markets.

The supplier of capital may well view the entity with which it engages as a whole. The relationship can be viewed globally: financial statements prepared on a consolidated basis suit the need of these users.

The other user groups view the entity locally: their concern is with the part of the entity with which they engage, whether as supplier or customer, nationally or even more locally, as employer, as neighbour, as taxpayer, as polluter, as supporter of civil society, and much more besides. The key issue is that the needs we identify these user groups as having in that appendix are not just not being met, they are deliberately not being met as a consequence of the decision of the International Accounting Standards Board to ignore them even though the Trustees accept their duty to do so in their constitution.

It is this failure to provide relevant and reliable information to the great majority of potential users of financial statements (they are of course only potential users since existing financial statements do not meet their needs) that poses the greatest challenge to and greatest threat to the International Accounting Standards Board.

There is no need for the International Accounting Standards Board to change its purpose. It is essential that it embrace the duty that it has accepted and now ensure that the information needed by ‚Äòother users of financial statements’ is made available to them to enable them to make the economic decisions which are frequently of much greater import to them, their families, their businesses, their localities and their nations than are those undertaken by the suppliers of capital. We stress: the economic decision in question are ones that they need to make based on data extracted from the general ledgers of the reporting entities subject to International Financial Reporting Standard and only capable of delivery to them as part of comprehensive, audited financial statements. Failure to embrace this obligation now will undermine the entire credibility of the International Accounting Standards Board. Embracing it will ensure its future. We think the issue as important as that.

But I wonder – will they simply abandon the duty to other users instead? That’s been their tone to date.

 

The FT reports:

The failure of Anglo Irish bank, the lender at the centre of the country’s financial crisis, would “bring down” Ireland, the country’s finance minister said, as he vowed the government would stand behind the institution as it winds down.

As Ireland’s Finance Minister said:

Any Anglo failure would bring down the sovereign. It is systemically important not because of any intrinsic merit in the bank. But because of its size relative to the national balance sheet. No country could contemplate the failure of such an institution.

Then note the FT reports:

Lloyd Blankfein, chief executive of Goldman Sachs, has issued a clear warning that the bank could shift its operations around the world if regulatory crackdown on the industry becomes too tough in certain jurisdictions.

The conflict between these positions is obvious. A bank can bring down a state. And banks don’t want to be regulated by the state.

There can only be one winner on this: it must be states.

And because it is very obvious that each and every person in every state is a stakeholder and supplier of capital to banks it is vital that banks be required to account on a country-by-country reporting basis. The argument that only the formal suppliers of capital through financial markets need have financial statements prepared for their benefit is so very obviously nonsense now that the claims by the International Accounting Standards Board, the Big 4, the largest multinational corporations that this is the case must be challenged, not least by all governments.

I look forward to the Irish government joining the demand for country-by-country reporting.

 

I’ve just posted on Tim Bush’s claim that the application of International Financial Reporting Standards in the UK left the accounts of UK banks so fatally flawed that the failure to report properly was a major contributory factor to the crash of the UK banking sector.

 

Tim has now authorised me to publish the paper he has written that makes this claim. It is here. It was written in response to a consultation on the future of UK accounting standards – which has implicit in it the suggestion that they be replaced by International Financial Reporting Standards.

As Tim puts it, this proposal is fundamentally flawed because:

¬? This proposal omits the fundamental objective of creditor protection and capital maintenance (part of “stewardship”) contrary to the law. The IFRS for SMEs and the full IFRS does not include it. This ASB proposal does not address this deficiency, but instead propagates it far more widely.

¬? Because the ASB appears not to have fully understood (since before 2004) the law relating to creditor protection1 embedded in the Companies Act itself, (applying to both companies using IFRS and companies using “UK GAAP” ), the ASB has already approved standards that appear to contravene the law in respect of creditor protection. The ASB has no dispensation to break the law. The ASB’s role is to set its quasi-legislative standards under the law.

¬? The law is such that shareholders can rely on the profits in the audited accounts -including those of banks – to approve final dividends declared, unless the directors or auditors have indicated to the contrary in the accounts. Overstating profits could lead to an illegal distribution (which is a criminal offence), as well as a breach of Section 386 (also a criminal offence). Some aspects of IFRS do overstate profits and indeed several UK and Irish banks collapsed after paying dividends. They did not have the capital that they presented, and they were not going concerns. The true situation was that business models were loss making and actually consuming capital. The accounts were unreliable for capitalism to function properly as they did not show the capital.

It’s a remarkable claim, and yet one that when laid out as Tim does seems all too obviously true.

My own recent engagement with the International Accounting Standards Board on country-by-country reporting has resulted in suggestion that a review is needed on the purpose of accounting – a call I have heard from KPMG amongst others. The relevance of that suggestion is only increased by this new revelation.

We need accounts that are reliable, fit for purpose, of use to society and that uphold the right of all creditors (including those in civil society and all taxpayers) in a world where limited liability is permitted. It is very obvious that the International Accounting Standards Board is not delivering such standards, and the cost to the world is now apparent.

This is reform that cannot wait. Not if we want to avoid the next round of bank collapses. And they’re ion the horizon already.