Tuesday, 30 October 2012

Multinational organisations like Apple and Facebook regard tax avoidance as a moral imperative. Isn't it time we made them pay up?


In the midst of the Jimmy Carr tax avoidance scandal earlier this year (in case you were holidaying off-planet that week, Carr was left rather red-faced after it emerged that his accountant was channelling the comedian's earnings into a Jersey-based tax shelter), the BBC carried a fascinating interview with accountant Ronnie Ludwig. Yes, that's right, a fascinating interview. With an accountant.

As you might expect, Ludwig drew a firm distinction between tax evasion (trying to avoid playing tax by illegal means) and tax avoidance (attempting to mitigate the amount of tax you pay). But what most interested me was his answer to the question "Is morality part of your business?"
No, it isn't. We do not sit in judgment of our clients' moral values, nor do we preach morals to them. What we do is give advice based on the law. 
Pushed about whether a tax avoidance scheme designed to circumvent the intent of the law would bother him, he replied: "Probably, on a personal level, yes. But I'm there to advise on the legality of it, and if this particular scheme would work, and that is it." I have no doubt that Ludwig's stance is standard practice in most areas of professional life.

Jimmy Carr at least had the decency to be embarrassed once his tax arrangements became public ("I now realise I've made a terrible error of judgment"), but yesterday a gem of a press release landed in my inbox from Nigel Green, the chief executive of the deVere Group, the world’s largest independent financial advisors. Written in response to David Cameron's comments in parliament last week that he was "unhappy" with the level of tax avoidance by large corporations operating in Britain, Green retorts:
Mr Cameron is slamming companies who take legal measures to minimise their tax liabilities.  Of course businesses try and mitigate their taxation as they have a responsibility to their shareholders to turn as large a profit as possible, which is both honourable and economically responsible as profit creates jobs and wealth. 
That word "honourable" really leaps out - and not just because I've italicised it. Green and his ilk appear to believe, entirely sincerely, that tax avoiders are performing a morally laudable public service. This despite the fact that the "wealth creator" argument has already been comprehensively dismantled (for a quick overview, I recommend this brilliant column by the Guardian's Aditya Chakrabortty or this article by Salon's Michael Lind. For a longer view check out Matt Taibbi's long profile of Mitt Romney in Rolling Stone).

Better yet, Green goes on to say in his press release that the Prime Minister having the audacity to refer to massive corporate tax avoidance constitutes "demonising corporations" and could "incite protest groups to employ ‘direct action’ tactics against major brands". David Cameron: anti-corporate rabble-rouser. It's certainly a novel approach. 

Trying to frame a rational response to this level of brazen brass neckery (dictionary definition: "someone with no sense of shame about what they do") is extremely difficult. All we can say for certain is: Toto, I've a feeling we're not in Kansas any more. The global financial elite is operating in a mirror world, one in which black is white and up is down and being asked to pay your full tax bill is not only a gross imposition, but as Green makes clear, to do so would be a gross dereliction of duty to your shareholders.

Appeals to corporate conscience or the public good are now worthless. The only way to clamp down on tax avoidance is regulation that honours the spirit of the law and an aggressive approach to closing loopholes.

But the problem with closing loopholes, as Amy Rosenbaum pointed out in reference to VP nominee Paul Ryan, is that it requires standing up to the special interests that benefit from them. In August there were calls for Google bosses to be hauled in front of the Treasury Select Committee to explain why they paid only £6m tax on UK revenues of £395m in 2011. 

This is, just to be clear, the same Google who it was reported in May had met with Tory ministers at least once a month since the last general election. Unless the cosy relationship between UK politicians and multinationals is severed, the prospect of getting large corporations to pay their full tax bills seems a distant blot on the horizon.



Wednesday, 24 October 2012

The court interpreting saga continues as Capita's £300m Framework Agreement with the Ministry of Justice is branded "unsalvageable"


As the old adage goes: if it ain't broke, don't fix it.

Yesterday the Justice Select Committee (JC) held its first evidence session into the £300m court interpreting contract awarded to private translation firm Applied Language Solutions (ALS) by the Ministry of Justice (you can watch the evidence session here).

It's fair to say the contract, which came into play on February 1 this year, has been an unmitigated disaster (I co-authored a piece for The Guardian in March this year, one month after the new contract came into affect). Morale in the court interpreting community is dangerously low, with many highly-qualified and experienced interpreters drifting away from the profession in protest at slashed pay rates and what they see as a dangerous decline in the standard of court interpreting.

Back in March I also interviewed Mirela Watson, a Romanian translator with 15 years experience of court interpreting, who told me she was "extremely unhappy" with the new arrangements and that the standard of interpreting in some cases was so bad that a major miscarriage of justice was only a matter of time.

Rebranded as Capita Translation and Interpreting earlier this month, ALS's catalogue of errors is far too long to list exhaustively, but has included no-shows, providing interpreters with no court experience, and non-existent criminal background checks, with one man managing to register his cat as a qualified interpreter. While Capita insisted these were the inevitable "teething problems" encountered at the start of a new contract, the firm is still filling only 95% of bookings more than six months after the contract began.

The fact that bookings have levelled out at 95% - the MOJ's contract with Capita actually specifies they will meet 98% of bookings - is interesting in itself. Madeleine Lee, director of the Professional Interpreters' Alliance, suggested at the JC evidence session that, in cases that involve a long journey due to the lack of an available local translator, Capita bosses may be actively choosing to save money by paying the penalty fee for missing a session rather than stumping up for large rail fares.

While the number of bookings met has increased, serious problems remain. At the evidence-gathering session, the Law Society's criminal law committee chairman Richard Atkinson told of an arrested party with no prior criminal convictions being remanded into custody on three separate occasions as no interpreter had arrived to explain his bail conditions to him. 

Eventually police were forced to give up and release the man with no bail conditions set. Atkinson also told of a crown court trial delayed for a day, at the expense of thousands of pounds to the taxpayer, because no Albanian interpreters had been sourced.
All of which begs a simple question: why was the change made in the first place? In July a spokewoman for Capita told the Guardian:
The Ministry of Justice awarded the contract to ALS to address the weaknesses, lack of transparency and disproportionate costs of the previous service.
The idea that the new regime has fixed any of these factors is a joke. While John Fassenfelt, chairman of the Magistrates' Association, admitted the old system was far from flawless, he said he struggled to think of a single way it had improved since the Capita contract came into force. 

As for a lack of transparency, the new system has created a sizeable conflict of interest, with the same company now responsible for training, assessing and providing court interpreters. And as for "disproportionate costs" - the MoJ agreement has led to the collapse or delay of hundreds of trials, which will cost the taxpayer hundreds of thousands of pounds.
So what was the drive behind the switch? The truth is that it seems to be yet another case of outsourcing on ideological grounds. The political credo of our times is clear: public sector, local, piecemeal = bad, private sector, multinational, overarching = good. It emerged last week that senior MoJ officials had failed to even read the credit report they commissioned, which warned ALS was too small to handle the full MoJ contract and should be given no more than £1m a year of business.
The decision to hand over the court interpreting contract to Capita is simply yet another example of the bull-headed belief that subcontracting out services to private firms always leads to a sleeker, more efficient service. The recent failures of ALS, back-to-work firm A4e and private security contractor G4S would suggest otherwise. Up in front of the Justice Select Committee next Tuesday is ALS founder and former CEO Gavin Wheeldon (pictured). He could be in for a bumpy ride.

Sunday, 21 October 2012

Farewell then Andrew Mitchell. Now Labour need to capitalise on David Cameron's week from hell.


It has not been a great week for David Cameron. The PM has lurched his way through seven days which might inspire soupçon of sympathy in even the reddest of hearts.

In a turn of events straight out of a The Thick of It script brainstorming session, Cameron announced at Prime Minister's Questions that he would be forcing energy companies to offer all customers their cheapest tariff. The only problem being that he'd not mentioned this proposal to energy secretary Ed Davey. Cue armies of flustered aides frantically briefing to the press that, um, this had been the policy all along, except, er, if it wasn't.

Chief whip Andrew Mitchell became former chief whip on Friday after sustained pressure from the 2010 intake of Tory MPs, while walking cadaver Lord Tebbit popped up today in the Observer to lambast "this dog of a coalition government." No, that's right, it appears he's not a fan.

The cracks in the coalition appear to be showing. The Observer reported that the cabinet were split on whether Mitchell had to go, with Teresa May apparently to keen to get rid, and Michael Gove in favour of letting him stay on. Now the question is simple: after Ed Miliband's barnstorming conference speech, can Labour capitalise on disarray in the coalition?

Thursday, 6 September 2012

Can Mitt Romney make it to the White House on the back of the largest lie ever told by a U.S. President?



Whenever the cries for higher top tax rates, an end to astronomical bonuses, or demands for tighter regulation on finance become too loud, a Government minister will unfailing pop up to tell us that we can't be too hard on the rich, otherwise they'll all fly their private jets to a tax haven like Switzerland or Monaco on a permanent basis.

Ignoring for a second the moral appropriateness of allowing the super-rich to dictate the terms on which they're prepared to stick around, The Golden Latrine is taken with the idea of emigration as a means of expressing dissent. Thus, if Mitt Romney win the U.S. election race, a move elsewhere in the solar system is on the cards. Possibly Mars, although I hear Io is quite nice this time of year.

In a brilliant (if very long) piece in Rolling Stone magazine, Matt Taibbi looked at Romney's attempt to portray himself as a financial "turnaround artist" who has "saved" millions of regular Americans' jobs. As Taibbi writes:
By making debt the centerpiece of his campaign, Romney was making a calculated bluff of historic dimensions – placing a massive all-in bet on the rank incompetence of the American press corps. The result has been a brilliant comedy: A man makes a $250 million fortune loading up companies with debt and then extracting million-dollar fees from those same companies, in exchange for the generous service of telling them who needs to be fired in order to finance the debt payments he saddled them with in the first place. 
That same man then runs for president riding an image of children roasting on flames of debt, choosing as his running mate perhaps the only politician in America more pompous and self-righteous on the subject of the evils of borrowed money than the candidate himself. If Romney pulls off this whopper, you'll have to tip your hat to him: No one in history has ever successfully run for president riding this big of a lie. It's almost enough to make you think he really is qualified for the White House.
Those last two sentences are prefect. This is presidential politics as call-my-bluff and you can't help but admire the sheer shininess of Romney's brass balls. Given that a major news station like CNN was happy to wave away a number of outright lies by Romney's running mate Paul Ryan and instead spout some platitudes about how photogenic he looked on stage with his family, the chances of Romney pulling this off are not as remote as some liberals seem to think.

It might be time to start thinking of emigrating. Now where to go? Is the moon far enough away?

Monday, 6 August 2012

Winner takes it all: Is second place really just the "first place loser"? Or should Team GB athletes be proud of their silver and bronze medals?


Failure, it goes without saying, is a relative concept. For most of us mere mortals, failure is the feeling that creeps over you when you realise you've spent the entire day by yourself on the sofa, eating a whole packet of bakewell tarts and watching Jeremy Kyle reruns.

Olympic athletes, though, are cut from a different cloth. On Saturday afternoon British rowers Zac Purchase and Mark Hunter secured a silver medal in the lightweight double sculls final despite an engineering fault with Purchase's seat which forced a restart. Purchase was physically out on his feet after the race, and had to be propped up by Hunter, so I initially attributed their inconsolable demeanour in the post-race interview to exhaustion. But in his Guardian column, Purchase wrote:

I've never felt so totally and utterly gutted. We were there to win gold, nothing else. Even though I'm holding a silver medal, it still feels completely heart-wrenching. [...] I cannot imagine ever being able to derive any consolation from the race outcome. The whole point about sport is that you have winners and losers. It's important for people to keep that in mind. Getting medals for taking part is not what it's about; it's all about getting medals for winning.

The most obvious echo here is the famous sporting line, often attributed to NASCAR racer Dale Earnhardt: "Second place is just the first place loser". This is sport as Nietzschean struggle, inspired by Pierre de Coubertin's Olympic motto ("Faster, Higher, Stronger") rather than the Olympic creed, which begins: "The most important thing in the Olympic Games is not to win but to take part." The winner takes it all, as Abba put it. The loser takes nothing. 

This was clearly a dictum taken to heart by British 400m sprinter Christine Ohuruogu. After forfeiting her Olympic title to the brilliant Sanya Richards-Ross on Sunday night, Ohuruogu said:

I was stunned, I was heartbroken actually. To lose your title like that was tough. I just wish I’d held on to my title — I really wanted to and I fought hard. She didn’t get an easy ride completely, at least I hope I made it hard for her. I always came here for one thing and one thing only and that was continuing my reign so I am disappointed. [...] I know I should be pleased but I’m just stubborn. I’m very stubborn.

In many ways such monomaniacal drive is commendable. Do we want to see British athletes just happy to be there, or do we want to see them win? The anxiety felt during the first couple of days while we waited for a goal medal at London 2012 suggests the latter. But is Earnhardt's line really true? Is second really just the first place loser? Isn't it possible to perform brilliantly but still only finish second or third when pitted against the world's best athletes? 


The answer, surely, is yes. In an athletics world of incremental improvement, where diet and training routines and sports science are constantly being refined, there's no shame in finishing second or third. As Liz Nicholl, the chief executive of UK Sport argued, commentators who aren't close to the high performance system think Team GB should be in the mix for every gold, but while we're progressing, so is the rest of the world.

This is what Rebecca Adlington articulated so eloquently in her interview poolside immediately after losing her 800m freestyle crown to 15-year-old American Katie Ledecky. 
Refusing to play the victim, Adlington said: "I am so proud and pleased to get a bronze medal – it's nothing ever to be embarrassed about. Swimming is one of the hardest sports to medal at. It is so, so difficult and I hope the public realise that."

However, perhaps the fact that Adlington was content with her two bronze medals at London 2012 isn't that surprising. Stanford University professor Bob Sutton blogged this week about the joy U.S. swimmer Brendan Hansen displayed at snaring a bronze in the 100m breaststroke. While Hansen's euphoria was partly down to his age (he was only the thirteenth swimmer to win a medal over the age of 30), Sutton also mentioned a 1995 study for the Journal of Personality and Social Psychology, which suggested strong evidence that athletes are happier with a bronze medal than a silver. Whereas bronze medalists are happy to have made it on to the podium, silver medalists are prone to counterfactual thinking, constantly beating themselves up about how close they were to gold.

As Sutton put it: "silver medalists see themselves as the first loser, while bronze medalists see themselves as the last winner." While that speaks volumes about the mindset of our elite athletes and their relentless desire to win, in the end Adlington was surely right. Silver and bronze medals aren't first and second place for losers, they're a reward for exceptional performance, a reminder that you are among the best in the world at what you do.



Thursday, 19 July 2012

How can the "flabby" public sector possibly compete with such ruthlessly efficient three-letter acronyms? All hail our private sector paymasters!


If the dignified, level-headed way G4S has handled London 2012 security has taught The Golden Latrine anything, it's that subcontracting out services that would normally fall under the public sector's remit to private 3-letter acronyms always leads to a sleeker, more efficient service.

W
hile cynics carped about the army and police having to be drafted in in their thousands to make up for shortfalls in the number of security guards provided by G4S, in a rational world the private security firm (sorry, "word's leading provider of security solutions") would have been applauded for allowing our brave boys to get in on the Olympic action. Yes, CEO Nick Buckles admitted that perhaps not all of the security guards provided by G4S would be able to speak English, but as the old adage goes: the baton is mightier than the vocal chords.

Likewise A4e, who did such a bang-up job in ushering our jobseekers back to work (and surely the point of work is the inherent dignity of labour, rather than actually getting paid?). And who could forget Capita-owned court interpreters ALS, whose minor "teething problems" in fulfilling their £300 Ministry of Justice contract have compassionately handed our nation's criminals a moment of respite when their trials collapse.

What else can the flabby public sector do when faced with such ruthless competency but genuflect in admiration of our corporate paymasters. God bless the private sector! May its efficiency savings be a shining example to us all!



Sunday, 1 July 2012

Was Vince Cable right to say banking was a "moral quagmire"? Or are the Barclays scandals really just the work of a few rogue traders?


The Golden Latrine can still clearly remember the pride he felt at setting up his first bank account. At the time it felt like a rite of passage into the adult world. Nowadays those au fair with the state of British banking might prefer to take the safe option and keep their money stuffed in a Hello Kitty pillow case under the bed.

It was perhaps naive, if not unreasonable, to hope that the greed, wishful thinking and excessive risk-taking which led to the banking crash in 2008 - an event, lest we forget, that came perilously close to derailing the entire global economy - might have taught the banking industry a lesson. Surely they would have no choice but to clean up their ways and embrace the need for tighter industry regulation, right? Wrong.

B
ankers have been under the cosh this week following two major scandals which demonstrate how completely the industry has failed to reform itself. The announcement that four high street banks had been involved in the mis-selling of complex financial products to 28,000 small businesses was dwarfed by the revelation that Barclays had received a £290m fine from regulators for participating in the rigging of the LIBOR (the daily rate set by the British Bankers' Association, governing how much it costs for London's banks to borrow from each other) and the EURIBOR (the same, but for lending between European banks). And in case this sounds like obscure inter-bank politics removed from the real world, consider this: these rates underpin contracts worth $350 trillion worldwide, while the Libor rate impacted on an estimated 250,000 British mortgage holders at any one time over the last decade.

B
usiness secretary Vince Cable penned a strongly-worded piece for The Observer on the need for greater regulation, accountability, and cultural change within the industry, as well as calling for the implementation of the Vickers report (which recommends that bank reinstate the traditional firewall between their commercial banking and investment banking arms, as well as being forced to maintain greater reserves of capital). But what was heartening is that this time the savaging wasn't just from the liberal press. The governor of the Bank of England, Mervyn King, and Lord Turner, chairman of the Financial Services Authority, joined the fray, with the latter decrying the City "culture of cynicism and greed that is quite shocking".

Barclays CEO Bob Diamond has been summoned to the Treasure select committee on Wednesday, although chances are he won't be sweating unduly. This is, after all, the m
an who, upon being questioned by the same select committee last year about the seemliness of him receiving an £6.5m bonus for 2010 despite woeful trading figures, memorably told them: "There was a period of remorse and apology for banks and I think that period needs to be over." This a mere two years after his bank narrowly avoided the need for nationalisation - although they did greatly benefit from the bailout of the other banks, as their former CEO John Varley acknowledgedHumility is not, I think it's fair to say, Diamond's strong point.

And the revelations continue to flow. 
In a fascinating blog posted today, the BBC's Robert Peston revealed that managers at Barclays believed they had the Bank of England's tacit approval to manipulate the Libor rate - based on reports of a phone call between Bob Diamond and Paul Tucker, deputy governor of the Bank of England. Tucker firmly denies that he authorised any such thing.

Whatever the results of Diamond's appearance in front of the select committee, what is becoming brazenly clear is that these are not isolated incidents. 
As The Guardian's Jonathan Freedland wrote
Just as News International's insistence that phone hacking was confined to a few "rogue reporters" has been revealed as a lie, the idea that a small number of Bollinger-swilling renegades operated unnoticed inside our great British banks is absurd.
Freedland is spot on. This isn't about a few traders overstepping the mark, but yet further evidence of a wanton disregard for rules and regulations within the banking industry. RBS today revealed that they sacked four traders between November 2011 and February 2012 over their alleged involvement in attempts to fix the Libor rate, and there's a sense that the banking profession has been protected from widespread public scrutiny in the past by virtue of its jargon-heavy impenetrability. In other words, whereas anyone can understand a newspaper paying a private investigator to tap the telephone of a dead child's parents, a large percentage of the population are simply too bored by the minutiae of banking to scrutinise the actions of bankers in any detail.

Now, though, there's a definite sense of the veil lifting. Barclay's chairman Marcus Agius has fallen on his sword, Bob Diamond is under pressure to follow suit and V
ince Cable is calling for a criminal investigation into the inter-bank rate fixing. For too long the banking industry was given free reign as long as it continued contributing to British GDP on such a lavish scale. The time has come to regulate the banking system properly, but it isn't going to be easy. Our financial sector has the best lobbyists in the game, and incredible access to Downing Street. The lobbyists have already watered down the Vickers report, let's make sure our politicians don't let them dilute it any further.