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.

 

Nicola Smith at the TUC noted a report in the Times yesterday (I usually ignore the Times – it’s not worth the payment, unlike the FT) which referred to survey findings by the Institute of Chartered Accountants in England and Wales. These reported:

20 per cent of employers they surveyed reported that spending cuts have already affected their turnover and 45 per cent believe that turnover will face negative impacts from cuts over the next 12 months. As a result of these fears 47 per cent of those reporting turnover reductions have already reduced staff.

Apparently the Chief Executive of the ICAEW, Michael Izza, said:

What has been forgotten, though, is the extent to which the private sector is a supplier to the public sector. Whether it is services, materials or equipment firms of all sizes and from all sectors have had work either directly or indirectly from Government organisations…These relationships are either under threat or have already been terminated.

What has been forgotten? Is the man a fool? Did he genuinely think there was some mighty Venn diagram with the state sector in one circle and the private sector and the two never overlapped? What sort of fantasy did he live in?

Some of us have, of course, been aware of this for some time. It’s a shame the micro-economically obsessed (as most accountants are) didn’t open their eyes a little earlier when demanding the destruction of the state sector on which their well being depends, as they’re now discovering.

If they want they can join me on 26 March at the mass rally in London against the cuts.

 

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.

 

Larry Elliott has a good article under the title “The new scramble for Africa must have the courage to curb corruption” this morning. It does, of course, support country-by-country reporting in the extractive industries, to which George Osborne and Vince Cable lent their support yesterday. The idea originated long ago in a publication I wrote called Extracting Transparency.

Larry notes in the article that:

Vince Cable, the business secretary, says he is in favour of the initiative and the Treasury has made similar noises. Ministers are expected to voice their support at an experts’ conference Sarkozy has organised in Paris to discuss the issue next week.

Cable says that so far he has had no push back from UK companies, which is somewhat surprising.

It’s also wrong. There is massive opposition to this transparency in business. The call for country-by-country reporting has just been subject to a consultation by the European Union. As the submissions show the massed rank of opposition to this proposal, whose aim is to ensure the end of corruption and the increase in shareholder value as well as the beating of tax abuse, is enormous. Those bodies who oppose disclosure and so support the continuation of corruption (one follows the other – since none of them suggest an alternative mechanism for tackling the issue) include:

The Institute of Chartered Accountants in England and Wales

PricewaterhouseCoopers

Shell

European Banking Federation

Societe General

International Association of Oil and Gas Producers

Deloitte

Deutsche Bank

UK 100 Group of FTSE Finance Diectors

Federation of European Accountants

Glaxo Smith Kline

Repsol

The Association of Chartered Certified Accountants

UK Accounting Standards Board

Belgian Accounting Standards Board

Association of British Insurers

Each and every one of them needs to be held to account for supporting corruption.

Each and every one of them could have said they wanted disclosure to help stop corruption. But they refused to do so. Thy put their own self interest first.

And for that they deserve all the blame they get.

And in due course special mention will go to PWC – watch this space.

 

The Institute of Chartered Accountants in England and Wales is, according to Accountancy Magazine (not available on line) about to launch its second international regional office – in Dubai!

If the knack of getting things right is mainly about timing the ICEA certainly hasn’t got it.

 

Will Hutton in the Observer:

Cheating is ubiquitous. Three sports – rugby, football and Formula One– are on the rack as coaches, players and drivers are discovered flagrantly flouting the rules. The world’s top banks have hidden trillions of dollars of near-valueless securities in offshore tax-havens, deceiving taxpayers, regulators and investors. The consensus is that next year’s rise in the top tax rate to 50% will raise hardly any extra revenue, for high earners will successfully cheat on their obligations.

Cheating is so common we don’t even notice.

Want an example? Take this:

HM Revenue & Customs, concerned that sports clubs and players might be using image rights as a means of tax evasion, are investigating all 12 Guinness Premiership rugby clubs. County cricket and rugby league are also under scrutiny and top football clubs could be the next target.

"It is clear that the Revenue sees this area as a potential tax loophole," said one rugby club official, who asked not to be named. "Some clubs face a potentially large bill if the Revenue finds instances of image rights being paid in lieu of salary, thus avoiding PAYE and National Insurance, but there is a feeling that it is using rugby and cricket to establish ground rules before moving on to the biggest football clubs where the potentially big money lies."

"I think there are instances where a player does not have any value to his image rights but still receives a payment," said Chris Caisley, a partner of the law firm Walker Morris and a former chairman of Bradford Bulls. "There are other examples where the image rights of a player are worth more to a club than his contribution on the field. I’d expect the Revenue to target those players whose image rights are not worth anything."

This whole thing is, let’s be candid, a fabrication. It’s normal to assign the benefits arising from your employment, including copyright and patents to your employer. So in this case, the split is artificial anyway.

And it’s more than that. It creates cheats. Clubs who cheat. Players who cheat. Accountants who cheat. And more. All complicit in what is fraud: not criminal fraud necessarily, but a deception to secure financial advantage nonetheless and fraud as a result.

The clubs say:

"What we need in this is clarification," said the Premier Rugby chief executive, Mark McCafferty. "It is about establishing ground rules, such the percentage of salary that can be paid into an image rights company."

The Professional Rugby Players’ Association are not perturbed by the investigation. "The only issue we would have is if we felt unfair penalties were being imposed," said the chief executive, Damian Hopley. "Rugby union is enjoying a high profile and young players emerging are finding themselves f?™ted in a way their predecessors were not. All we want from HMRC is clarity."

Let’s translate that: they’re saying “What can we get away with?”

Society cannot be built on this type of fraud. It creates cheats. It creates mistrust. It undermines trust.

And let’s be unambiguous about this: much of this is down to accountants still arguing tax avoidance is acceptable. It is not. It is outright abuse. It is getting round the law.

I look forward to the day I hear the Institute of Chartered Accountants in England and Wales, ACCA, and the Chartered Institute of Taxation say unambiguously “tax avoidance is unacceptable and an abuse of society”.

When will it happen? I don’t know. But I’m willing to work for it. Nothing else will do. And it damns the profession that none have done so.

Apr 172009
 

Did Bermuda change in 8 years when no pressure was brought to bear on them?

No.

Will accountants change because I’m nice to them?

No.

Not one iota.

I guarantee.

That’s why I’ll be unsubtle.

I’m not looking for friends. I’ve got lots of them.

I’m looking for change. I haven’t got enough of that.

 

I did a blog post earlier this week suggesting that the Institute of Chartered Accountants in England and Wales’ budget submission suggested the ICAEW is saying:

    1. Leave wealth alone
    2. Do not redistribute
    3. Do not tackle evasion
    4. Please ignore avoidance
    5. Do not go near tax havens
    6. Only make changes for the richest
    7. If you don’t we’ll promote schemes to undermine the will of parliament

I added:

It’s thuggish, blatantly partisan, anti-democratic and clearly anti-social in that it is intended to oppress the majority in society.

Staggering, but true. So much for ‚Äòprofessional ethics’.

Mark Lee has objected, saying:

Richard it’s not ‚Äòtrue’. It’s simply your preferred interpretation on a less than objective basis.

The ICAEW Budget rep seems to me to be clearly focused on the SME market place. It’s written with a specific target audience in mind. Ok so the ICAEW budget rep doesn’t seem to focus on the issues you would like to see addressed. That’s one thing. But to claim that it is TRUE that such an omission (in your view) evidences the message summarised in your seven points above is without foundation (in my view). The only thing that is true is that is how YOU have (mis)interpreted it.

We had a spat on your blog earlier this week. I’ll not get involved in another so having said my piece I’ll retire gracefully as I appreciate you won’t give me the last word twice in a week. ;-)

Now, first things first – Mark is a guy I like and respect – even if we differ – in fact precisely because we can differ and he’s big enough to say so openly and honestly. If only others in the profession had such courage. Sadly, they don’t.

But on this occasion I’m going to differ, strongly. I contend what I said is true. It is not based solely on this one submission. It is based on thirty years of reading such submissions.

I strongly contend that this is inappropriate conduct for the ICAEW. That body was set up for public benefit. This has been confirmed in repeated charters. Nothing empowers the ICAEW to undertake partisan activity.

But I contend very strongly that this is what the ICAEW actually does. In this case Mark defends its action by saying it is representing the SME market. I beg to differ. If it were to do so it would:

  1. Demand an end to tax havens, which undermine SMEs who re almost entirely nationally based and so lose out unfairly to the advantages large companies have by exploiting tax havens;
  2. Demand that all private limited companies be required to put accounts on public record to ensure that the risk of bad debt from trading with them were reduced;
  3. Demand a reform of the structure of small limited companies along the lines I have suggested so they can easily re-register as LLPs and so avoid the massive admin obligations of limited companies whilst retaining limited liability without fear of capital gains on the transition.

I could go on, and on.

But this is not what they have done. They have claimed they are serving the SME agenda when that agenda is not one related to wealth, and is one that would be well served by real reform, to demand instead stability for the wealthiest in society so they can maintain their position which, quite candidly, is designed to ensure SMEs remain small.

It is ever so in what the ICAEW and other institutes say and the reason is simply explained. They were set up in the public interest. They do not act in the public interest. They act in the interest of the largest firms. Those firms can say the things I note above, with complete freedom. That is their right. As it is mine to oppose them.

The ICAEW has no right to take such a line. It has the duty to promote the public interest – not the factional interest of some of its members. If it does not promote the public interest then it has no right to its status, or to be a regulator. And my point is that it does not act in the public interest – it opposes it, often, and continually.

What it chooses not to say is just as important as what it says. I am allowed to look at what it chooses to never say – including the fact that it never seems to put the public interest first.

I stand by my criticism. This is a public body captured for factional benefit – and its status deserves to be criticised in consequence. It is massively overdue for reform. I don’t anticipate it yet – but I have no hesitation in calling for it – and in pointing out that right now it is operated as a preserve of those who wish to protect the interests of the top 1% in our society.

And their interest unsurprisingly usually conflicts with that of the public at large.

 

Whilst looking at the ICAEW budget submission I noted its G20 submission.

Guess what? Not a mention of tax havens. Or offshore. Not one.

But there was this:

If regulation of systemic risks is to be effective, it must relate to the whole system. With global capital markets, the tools for managing systemic risk also need to be global in nature. This does not necessitate the creation of a new international regulator, but does require better methods of monitoring and coordinating the regulation of systemic risk across borders.

My emphasis.

In other words, let’s ignore the problems and carry on as we were. It’s a recipe for disaster.

And further indication of the abuse that the professions wish to perpetuate.