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Diary Note /0039
Sunday 7 April 2002
for previous DiaryNote

Taming the
Corporations

Friday 5 April 2002 was an important day.  It was my second chance to speak out on the critical  issue of international corporate sector reform.  The new Valleys Fabian Society met in Caerphilly, consolidating its position as Wales' newest Fabian Society..  And I was the speaker. You can find the full text of my address at  Taming the Corporations


Note for Nutters and other web-enthusiasts - last week's crisis was not after all the expiry of my free web-space, as reported earlier!  I had simply reached the one-megabyte limit of my proprietary Netcom PageBuilder webpage design program, and I have 24 megabytes of freespace left, outside that program.  So I have now had to change to Microsoft FrontPage, where this DiaryNote has been designed and edited...

Ridiculous German fine

German commercial law is rigid, almost mediaeval in its protectionism. This week, C&A has been fined 1,000,000 Euros (£610,000) for infringing German "Sales" laws. C&A, at the time of the currency changeover in January, devised a form of special discount which encouraged customers to pay by credit card, over the changeover period. 

C&A managers simply wanted to reduce the pressure on their cashiers, as they became accustomed to the new currency. For four days, credit-card transactions were accorded a 20% discount, and the changeover went extremely well. 

Dusseldorf Commercial Court struck straight away - remember that in Continental systems, judges themselves may take the investigatory initiative. The Dusseldorf Judge alleged that C&A broke the law because they offered a general discount for a limited period of time, and he held that was illegal. Aldi had offered discount terms too, but did not impose a specific time-limit, and thus escaped his censure. 

"Time-limited discounts", under German law, are permitted only for store closures, anniversaries, or "official" seasonal Sales.  The Euro-currency changeover was not covered by any of those exceptions - hence the fine. C&A have said they will appeal, but what a waste of time and money!  German shopping-hours are also tightly regulated, and have resisted all attempts at liberalisation.  These represent real constraints upon the buoyancy of the German economy, and (once the 22 September General Election is out of the way) they should be removed.


International Blair

Criticism is growing of Tony Blair's preoccupation with international affairs.  The Little England right-wing and the tabloids want him to concentrate on home affairs, getting the trains to run on time, cutting hospital queues.  He is attacked by others  for his personal style, pretentiousness and sheer hubris.  Others attack him for projecting a moralistic desire to convert the heathen, and bring the benefits of English civilisation to a benighted world.

These attacks are misplaced.  Of course, I share concerns about Blair's seeming subservience to US policy, though he still has the benefit of my doubt.  I believe that he is genuinely seeking to retain the tiny degree of influence which he has with George Dubya and the American public.  After all, we all face  the problem of America itself, an inexperienced superpower with a defective democratic order suborned by money and business, in particular the armaments industry - and by the military establishment itself.  And there are signs this weekend that he is working to head off outright military aggression against Iraq, which would be the most awful and enormous error of judgment.

But that scepticism does not diminish my admiration for Blair's attempt to engage with the wider issues of world civic order.  Nobody else within Government can undertake this task: Jack Straw is a mere cypher, over-promoted, disastrously out of his depth, and destined for an early political bath.  Each of us (those of us, that is, who claim to be politicians) must take advantage of the opportunities which life offers - and Blair is doing just that.  This new wave of criticism is without justification.  I'm backing Blair.


Performing Public Functions

I have always sensed that the role of "the Armed Forces" in modern society is more than military.  And this week has brought a real insight on that front, relevant to all socialists.  Two insights, to be precise.

In the United States, American Rivers turns out to be an environmental lobby group working on a bi-partisan basis in Congress, and attracting the support of the excellent Democrat Senator John McCain.  This week they published a dramatic Report entitled America's Most Endangered Rivers, 2002.  Nothing unusual there, river pollution is a common global concern. 

Unusual was the target of the Rivers Report - for it was the American military.  It turns out that all America's rivers are controlled by the US Army Corps of Engineers. part of the US Defense Department.  And the Corps is bitterly criticised for permitting destructive property development, neglecting environmental concerns and residential safety.  So: every river in America is controlled by a single national public agency - would you have guessed that?  I confess that I did not.

The other insight came from the UK, with this week's publication by the Government of future foot-and-mouth plans.  In future, the Army will be called in straight away, to manage the public health measures.  Deja vu?

Now: I have no principled objection to using the Army to perform such public service functions.  They are salaried public servants, discharging public functions which ought never to be privatised.  In America, it may well be that the use of the Army is politically more acceptable than expanding "civil service bureaucracy".  In the UK, the Army has an enviable reputation for good logistical management.

My concern is a different one.  Soldiers are conventionally soldiers, trained and skilled in the use of necessary force.  That is a vital role in society, and one which must be systematically cultivated.  Will they not ultimately find these civilian functions tiresome, and unchallenging?  Should we not be developing a proper national Civil Emergencies Force, staffed by dedicated public servants and motivated accordingly?

What do you think?
Drop me a line.

Pity Japanese Bankers

If you have been following my thoughts on the dire situation of the hapless Japanese consumer, and the crippling effect of weak consumer demand on the Japanese economy, this will break your heart.

Japanese citizens are massive savers, with a propensity to save in excess of 20% of their post-tax disposable income.  By contrast, the Germans save 17%, and we have never saved more than 12% (in the worst days of the early-1990s recession).  We are now saving about 5%, and the Americans are said to be saving nothing at all.   But the Japanese insist on saving, and not spending.

But they do all their saving with the Japanese Post Office Savings Bank, guaranteed by the State.  and this week brought a further insight into why they do that.  The prestigious credit-rating agency Moody's rates Japanese at "E-plus", just one notch above the banks of Argentina, which now stand at "E".  

But there is worse to come from Moody's.  They have announced that they plan to down-grade Japan's "sovereign debt", reducing it by two notches, thus warning lenders against lending to the Japanese Government.  If that is done, Japan's sovereign debt would end up below the sovereign-rating of Botswana.

Where do Japanese citizens now have to go?  The hope is that, instead of saving their money, they will go out and spend it.

 

 

Labour adopts
liberal solutions

The same arguments govern the UK Government's liberalisation of the gaming laws.  In The Guardian this week Lord (Roy) Hattersley opened up an Old Labour assault on these changes, arguing that the adverse social effects of gambling, particularly for low-income households, justified the retention of Victorian controls - "I have to be convinced", said Hattersley with unabashed egoism, "that it is right to allow addicts (hooked on gambling, or on anything else) to trundle themselves to hell in a handcart" - see Gambling with Recklessness.  

Let me declare my hand.  The Government is right, in my view, to adopt the liberal solution, which is good for individual freedom.  I see no role for the modern state in protecting citizens by interfering with their own personal expenditure.  Indeed, the Government should go further, and remove the stain which prevents gambling contracts being enforced in the Courts, as contrary to public policy.  That rule serves no useful purpose, and only serves to strengthen the professional criminal fraternity.  It should be simply abolished.  By being "liberal", Labour is improving the quality of life all round.

I applaud the negotiating lead taken by Labour in the international regulation of the tobacco trade, without criminalising tobacco.  

I applaud Labour's decision not to impose even more draconic drink-driving limits, but to put resources into the process of public persuasion. 

And I wish Labour would display the same tolerance and understanding by repealing the awful Misuse of Drugs Act 1971.  Prohibition itself is the source of a "multitude of sins" - an entirely appropriate expression in this context.  Crime, oppression, violence and injustice are the products of our systems of intervention, not drug consumption itself..  

The drugs reform campaign continues. This week, we have published the 380-signatory List for the leading anti-prohibition manifesto, the Angel Declaration: check out www.angeldeclaration.com.  The List now includes seven brave MPs, whom I salute.  Our society still makes far too much use of coercion and "prohibition".  

This week Tribune also carries an article on the new Socialist Civil Liberties Association, which has its first general meeting at Westminster on 22 April 2002, at 6.00 pm - see Tribune   My ambition for Labour is that the Party will strike out in more liberal directions, in its political style.  When it comes to matters of individual freedom, I am proud to be a "liberal".  I only wish the LibDems would have the courage to be more liberal themselves - they remain fence-sitters, i-dotters, t-crossers, indecisive and u nsuited for government.  Check out the Angel Declaration: of the seven courageous Angel Declaration MPs, six are Labour - and only one a LibDem..


Long Stop State

Something strange is afoot, in the insurance sector.  We seem to be developing a new form of state, in which the Government is called upon to act as insurer of last resort.

The Yarls Wood Detention Centre, which  burned down in February, has had to close entirely, because its proprietors Group 4 cannot get continuing insurance cover.  The insurance company is suing Bedfordshire Police for £43m damages, under the 1886 Riot Damages Act.  

Labour's new Legal Aid system can only work for cases where the Solicitor can secure insurance cover - that is outrageous and unjust, and will the scheme will have to be reconsidered.  Again, since 11 September, none of the world's airlines have been able to secure commercial insurance cover, and Governments the world over have had to step in as guarantors of last resort, just to keep planes flying.  And the UK State has, at least since the Canary Wharf  IRA attacks, had to cover the "IRA terrorism risks" itself, accepting re-insurance claims from the insurance companies themselves.  The terrorism risks are simply uninsurable, in the private sector.

This represents, quite simply, a failure of "capitalism".  The world's private capital resources are simply not sufficient to insure the world's private trading firms.  As the Yarls Wood Detention Centre, had passed into the private sector (under a Labour privatisation contract) it had become subject to the ordinary laws of private property.  That is why Group 4 can sue the Police, using a statutory remedy devised by the Victorians as a  re-assurance to ordinary private citizens - and now activated by major companies, which are artificial persons claiming the same rights as natural persons.  That was part of my address to the Caerphilly Fabians last Friday  Taming the Corporations

In the case of Yarls Wood, the consequences of privatisation are entirely bizarre.  An ordinary prison could continue to operate, because the State does not buy or need to buy - insurance.  But because it is privatised, Yarls Wood is forced to close altogether - unless the State comes in as back-stop insurer, as with other terrorism risks.  And if the taxpayer must carry these risks in any event, why privatise in the first place?  NSS Theory contends that running prisons is essentially a public function which should never be privatised see  see Public Primacy

What is emerging is a new political test.  Who picks up the insurance tab?  If, in the case of a necessary public service, the private sector will not or cannot pick up the tab, then the function should remain firmly in the public sector, and not privatised.


Profit Percentages

"Teenage scribblers" were City financial analysts, as described the former Chancellor Nigel Lawson, do you remember?  And I get similarly annoyed at ill-informed City comment, particularly from the pretentious young wafflers on BBC-TV.  

For example, as a former Barratt Managing Director for the London Region, I bridled at the FT's reception of their excellent profit figures, published in March.  They reported profits at 11.8% of turnover, which was dismissed by Scribbler Martin Dickson (who may or may not be a teenager) as "well below the industry best".  

What tosh!  Market forces consistently keep housebuilder's profits in the 10%/12% bracket.  Lucky breaks may generate higher profits occasionally, but can never be sustained.  That is because the principal cost is land, and in the development land market the price is constantly forced up to the maximum, particularly in the high-demand South-East.  If a housebuilder assumed profits of 20%, he would never be able to buy any land at all, and he would never get started!  The land market mechanism is extremely sophisticated, and has an entire profession (the Chartered Surveyors) devoted to its operation.  And for a large building programme like Barratts, 11.8% is an excellent performance.  

The converse is also true.  If a housebuilder slips below 10%, alarm bells should start ringing.  The housebuilding business is essentially a high-risk enterprise, which can be wrecked by sudden changes, for example, in interest rates.  It is no place for the unwary.

Limit Limited Liability

It is outrageous that Granada and Carlton should be legally entitled to walk away from the failure of their subsidiary ITV Digital.  They were not hands-off bankers or third-party investors, who are entitled to the protection of limited liability.  They were TV entrepreneurs, with a unique knowledge of the sector and its inherent risks.  And when their creature ITV Digital failed, and destroyed the hopes of so many football clubs in the process, they should have been called to account.  

Unfortunately, under company law they are in the right, and any legal action against them would - I predict - fail.  But the law should be changed - see my  Taming the Corporations

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