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Diary Note /0051

Thursday 23 May 2002

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"I don't know what
excess profit means"

These telltale words, from Barclays Bank Chief Executive Matt Barrett, are significant. Because they display the profound difference of perspective that exists, between businesspeople and the ordinary citizen.

For businesspeople, successful trading consists simply of selling at a price above cost, and pocketing the difference. If you are clever or lucky enough to find a product or service which costs £5 and sells in the market-place at £55, that's fine, that's to be celebrated. There is no monitoring angel, assessing the reasonableness of the margin. If you can find someone to buy at £55, and if you can buy at £5, then take the profit while you can - that's business.

Yet no ordinary person recognises the force of that reasoning. "Excessive profits" may be generated in a thousand ways. There is always popular resentment if businesses deliberately exploit market shortages, or collude to reduce supply, or conceal information which (if available to the purchaser) would radically change price perceptions. Water-sellers exploit the price of water, in drought conditions. Manchester United dons a new playing-strip, just to exploit the fans' enthusiasm for the product. In the popular mind, such behaviour is wrongful.

But for the businessman, that's OK.  If someone will willingly pay £55, then £55 is the right price, whatever the item costs.  "I don't know what excess profit means", says Barclays Bank Chief Mike Barrett, quite truthfully. His value-system does not extend to the concept of a "reasonable price", or a reasonable profit. For me, when I went into business from practice at the Bar (1969), this was the first lesson I had to learn.

There is at the heart of all business this element of deceit, which is universally and uncritically accepted. This was the aspect of business which so disturbed the early Quakers, and led to their practice of dealing only at a "fair price", determined by them unilaterally, on equitable principles, rather than at "market prices". The reputation of the great 18th Century Quaker traders was built up on that doctrine. Its absence, in the culture of today, explains much of the continuing sense of distance, between ordinary people and the business world.  

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Political
Legitimacy at stake

Labour is suffering on the rack of sleaze.  The Party's  new Ethics Committee is a fragile device, hastily cobbled together.  But the Tories and the LibDems are unable to take advantage of the Government's discomfiture.  That's because the discomfort is their own.

For the discomfiture is not just about Labour's Desmond Donation, and the desperate impoverishment of the Labour Party.  It is about the entire professionalisation of modern politics, about the emergence of a large professional political salariat, which is expensive for all Parties to support. 

Tony Blair, during his recent Paxman interview,  protested - "But we have to have all this money, for the payment of salaries!"  And there's the rub.  Politics has, in the space of some thirty years, become a salaried profession, whose key skills are simply those of getting re-elected.  It is this which is threatening to engulf our political life, not ambitious pornographers.  And every Tory, every rising Liberal Democrat, is caught in the same destructive financial cycle.

And the political salariat is growing rapidly.  With many "Frontbench" Councillors now receiving a living wage for their public service, I calculate that within Wales alone, the number of salaried politicians has increased from 45 in 1997 to 250 today.  This has happened almost inadvertently, as a consequence of devolution and Labour's local government reforms. But its political implications are very profound indeed. 

It is not a matter of abandoning professional politics.  Rather, it is a matter of managing that resource more effectively.  This evening, at the Cardiff Fabian Society, I shall be calling for constitutional reform to halve that Welsh salariat from 250 to 100.   We must act now, before vested interests become too deeply entrenched.

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Drugs Breakthrough

Today's report by the Home Affairs Select Committee would, if implemented, take us towards the ultimate goal of a more liberal, more tolerant society.  But not yet.  "While acknowledging that there may come a day when the balance may tip in favour of legalising and regulating some types of presently illegal drugs, we decline to recommend this drastic step" (p63).

But let's not kid ourselves.  This is no "fundamental re-think", as it has been billed. Everything so far recommended is a fudge, including these Select Committee proposals. A well-meaning fudge, by fearful politicians - but a fudge nevertheless. Sadly, it is a Report devoid of moral substance, without guiding principle. When I gave evidence to the Committee last November, I was asked whether changes along these lines would be "an improvement".  My answer, of course, was "Yes" - because the reform would at least remove the threat of Police arrest, in the case of of cannabis-users. Heroin users seeking treatment would at least have access to humane medical services.  And half a loaf is better than no loaf.

But there is still no recognition that statutory drugs-prohibition is itself a grievous wrong, perpetrated by Governments against their own citizens.  The criminalisation of "narcotics", an ill-informed experiment upon which the western world embarked in 1920, remains unambiguously in place.  No crime is being taken off the statute book, and the fudge will leave massive discretion in Police hands - where it should not lie. 

Drugs prohibition must go. It was always an illiberal, ill-considered, collective error of judgment. The human freedom to choose ones own form of intoxication is fundamental, and should not be abridged by the State.  If you agree, sign up to the Angel Declaration - go now and add your signature on-line to the Declaration   I am delighted to report that ten MPs (eight Labour, one LibDem, one Plaid Cymru) have now signed the Angel Declaration - you will find all their names in the 400-strong roll of honour of those who have already signed. 

 You can sign here, now

Vallance blows
City whistle

City insiders rarely reveal the true nature of the City system.  Young insiders have too much to lose, old insiders want to avoid spoiling the party for their friends and colleagues. 

But Sir Iain Vallance, who this week retired from the Presidency of the CBI, having been forced out of the BT chairmanship in April 2001,  is no ordinary insider.  He is a career public servant, who joined the old Post Office straight from Oxford at the age of 23, and worked his way up the public service ladder.  On privatisation, he became Chief Executive of British Telecommunications.  He has had to observe, and learn, the ways of the City.

Now 59, and ousted from BT office,  he does not like what he has seen.  This week, in his farewell CBI speech, he calls for the power of City institutional shareholders (who forced him from office) to be weakened.  He condemned them for chasing short-term profits above all else.

  • "Markets are fuelled", he damningly revealed, "by the highly-geared, and rarely disclosed, remuneration packages of fund managers, investment bankers and their attendant analysts.  Little wonder that companies can succumb to the temptation of taking undue risks, and of prejudicing good corporate governance, in striving to match what the markets seem to want".

Just consider that indictment.  He says that City markets are driven by the bonus contracts of the institutional investors, the ones who are managing our pension funds. That is the charge, and it is a grave one. Share-prices are rigged to ensure that the City insiders can "earn" their obscene bonuses.  The implications of that revelation are profound.  Merrill Lynch, in New York, are being prosecuted for precisely that kind of corruption.

Such insights are to be treasured.  But remember that career public servant Iain Vallance, knighted in 1994 for services to business, is no ordinary City insider.  Real City insiders, like the Mafia, never squeal.  And Sir Iain must know in his heart that the Government, whose service he originally undertook, is powerless to reform the City. The only option is to take their ball away, and to entrust the management of pension funds to career public servants...     

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Dangerous Welsh Mists

Welsh politics is dogged by a narrow cultural nationalism, an ugly relic of 19th century Europe. The nationalist Party Plaid Cymru continues to preach its poisonous rhetoric, ridiculing those (both English and Welsh) who fail to conquer the difficult Welsh language, which I love.  The Welsh language is a precious heritage, part of the European inheritance, and I shall fight for its survival.

But this nationalism should not be allowed to distort contemporary politics.  Reports this week suggest that the Labour Assembly Government is considering the use of planning controls to counter the purchase of homes by the incoming English.  That might be done by creating a planning distinction between full-time and part-time occupancy, and treating the latter as a separate "use", requiring planning permission.

Labour should abandon any such plans.  Such restrictions would not work, and would create the most enormous local friction.  Just imagine being the owner of a house in Aberystwyth, suddenly faced with a ban on its sale to a Birmingham law lecturer, in search of a holiday home!  Its market value would immediately be eroded, by many £'000s.  The owner could sell the house only to lower-income Welsh residents.  And he would have to accept the consequential capital loss.  Imagine the disruption and resentment!  The system could be made to work for new housing,  although it would mean a severe loss of profit to Welsh farmers seeking to supplement their meagre farming incomes by land-sales. All in all, the "solution" would be worse than the problem.

The answer is to promote the construction of new rented accommodation, by a new form of housing association empowered to give preference to local residents.  Think positive, not negative.

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Golf Balls and Capitalism          

Have you heard of John Collinson? He's the enterprising scavenger who earned a living recovering golf-balls at Whetstone Golf Club, in Leicestershire, charged by the  zealous Leicester Crime Squad with theft of the balls.

Now: a "thing" cannot be stolen unless it is the property of someone.  Theft is jurisprudentially an invasion of property rights, and the Courts are zealous to uphold property rights, particularly the English Courts.  Collinson's defence was that lost golfballs were not the property of anyone, having been effectively abandoned, and that he was engaged upon an honourable recycling business, declaring his £14,000 pa turnover and paying Income Tax upon it.

But the Court, sensing an assault upon the very foundations of the English civic order, rejected that defence and jailed him for six months.  This week the Court of Appeal released him, not because they accepted his defence, but because the sentence was disproportionate.  Capitalism breathed again.

Because the sanctity of property rights lies at the very heart of capitalism. When satellite broadcasting was launched in the 1980s, it was discovered that hackers were intercepting messages from the new satellites without paying a fee.  The Thatcher Government rushed through legislation declaring that the broadcasting "beam" emanating from a satellite was an item of property, and that pirate viewing was therefore "theft".  Phew!  That was close. Rupert Murdoch breathed again.

Most scandalous is the success of the corporate lobby in hi-jacking the European Convention of Human Rights in defence of its own property rights.  Property rights are protected by the Convention (and now by the UK Human Rights Act 1998) whether they are held by natural persons or artificial persons. 

I am campaigning for the removal of that concession, by way of international negotiation.  Human rights should be about you and me, natural persons confronting the potential abuse of State and corporate power.  It is wrong that the same mechanisms should be exploited to protect the corporations against us.

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Footnote: Electronic Tagging  My visceral dislike of this uncivilised practice was reinforced by this week's report of an unnamed 12 year-old girl in Walsall, tagged by local Magistrates for disobeying their instructions not to go into Walsall town centre - errors of judgment like these are the inevitable outcome of insensitivity and illiberality in our treatment of young people...

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