Search This Blog

Sunday 21 January 2018

Capitalism’s new crisis: after Carillion, can the private sector ever be trusted?

Will Hutton in The Guardian


It is one of the most spectacular corporate failures of recent years. Carillion’s collapse, with £2bn of debts, threatens to deprive tens of thousands of workers, directly or indirectly, of their livelihood. The company had only £29m of cash left. This broaches new levels of fecklessness and the impact will be felt across Britain.

For Carillion was not only a major construction company: it had entered the lucrative public service delivery business. The shockwaves have been felt not only on building sites but in multiple schools, hospitals and even prisons, where tens of thousands of cleaners, porters and maintenance workers have suddenly found their employer has gone bust.

The hospital and school workers on TV news, worrying about their next payslip, are a forceful reminder of how deeply privatisation has entered everyday life.

Schools are run by private academy trusts and school meals provided by companies like Carillion. Switch on the light, catch the bus, post a letter, turn on the oven, drink a glass of water, register for an apprenticeship, use a train, park the car or eat the food in the hospital canteen – it’s all provided by private companies.

The amount of activity now performed by organisations we all own and whose overriding purpose is public service is minimal. Day-to-day life now depends on private companies with private ambitions.

The intertwining of the public and private is not new: it is as old as the state. Elizabeth I’s navy was built in private shipyards; the warplanes and engines that won the second world war were built in corporate factories. There is nothing novel in contracting out or public commissioning; the debate is where to draw the line – and whether the contractors will deliver what they promise.

It was the advent of Margaret Thatcher that saw the first major redrawing of the line, with a wave of wholesale privatisations.

Private owners would necessarily perform better than any public owners because they were private, it was asserted. But that was only the beginning.

Why couldn’t the same principle be extended to the heartland areas of public provision in central and local government? Private companies, like Capita or Carillion, could accept commissions to run the functions of the state more cheaply than government could itself. The state could become no more than a commissioning and procurement agency. The public services delivery industry was born.

In the 1990s, John Major’s government flirted with going further, getting private companies to own and finance public facilities, such as hospitals and prisons. However, whatever the ideological attractions, private borrowing costs were prohibitively high.

It took New Labour’s zeal to get private borrowing off the public books, at any price, for the private finance initiative (PFI) to boom: nearly all Britain’s PFI deals – more than 700 of them – were done by New Labour

There is now a sense, growing with every successive scandal, that the privatisation of the everyday has gone too far – a mood captured by startling opinion poll majorities of 80% in favour of renationalising utilities. The opposition leader, Jeremy Corbyn, struck a chord when he said Carillion’s failure was a key moment.

Carillion’s failure is part of a wider story of corporate mishaps and debacles. The financial crisis, starting with the run on Northern Rock and culminating with Royal Bank of Scotland teetering on the point of closure, was a tipping point: banks and building societies could no longer be trusted.

Since then, a succession of illustrious British names have become embroiled in varying crises. BT, Tesco and, most recently, GKN have all suffered from multimillion-pound accounting irregularities, with the resulting fall in GKN’s share price exposing it to an opportunistic £7bn hostile takeover last week.

The public service delivery industry, of which Carillion is part, is not exempt. Serco and G4S have had to repay £180m for the overcharging of tagged prison offenders.

Learndirect – privatised and sold to the private equity arm of Lloyds Bank in 2011 and, until recently, Britain’s biggest training provider – proved to be systematically failing up to a third of its apprentices; it is being investigated by the National Audit Office.

Stagecoach and Virgin say they will walk away from their East Coast mainline contract unless the government waives up to £2bn of contract payments.

PFI, aimed at getting debt off the government’s books, turns out to be organised hugely in the private sector’s interest. The taxpayer is up to £150bn out of pocket. And now Carillion.

But is it capitalism, or capitalism British-style, that is at fault? The Conservative party, as the promoter of capitalism and the private sector, sees no differentiation – and neither does the current leadership of the Labour party, who are in receipt of a political gift.

There must be an end to privatisation’s dogma and rip-offs, runs the attack by Jeremy Corbyn and John McDonnell: the answer is plainly nationalisation and bringing contracts back “in-house”, which, if Labour were elected, would become a statutory requirement. There will be no more indulging of the private sector with the taxpayer picking up the bill. How could Carillion continue to be awarded contracts last year, including for HS2, after issuing a series of profit warnings? Above all, says Labour, it seems to be one law for workers and another for overpaid directors.

These are telling criticisms, but they do not get under the skin of why so much has gone wrong. Britain’s nationalised industries suffered from inefficiency and persistent underinvestment. Taking activity back in-house is a strong soundbite, but no panacea.

While some public sector delivery is outstanding, notably in parts of the NHS, the general pattern is more patchy. It is for this reason that governments for decades have been contracting the private sector to deliver goods and services. Trying to extend that principle is not unreasonable if high-quality private sector partners step up to the mark: the problem is they are in such short supply. Equally, a better-designed private finance initiative could have transferred risk and debt to the private sector more equitably. Why did British companies drive such an impossibly expensive and unfair bargain? 

Some of the answers lie in the Carillion scandal. Its top directors were exceptionally well rewarded if they could keep the share price up, which meant running the company to minimise short-term costs and cap investment, with no margin for error. Carillion might have survived one mishap, but a succession inevitably bowled it over.

When the terms of directors’ pay was changed in the very small print of a remuneration report, so that extravagant short-term bonuses could still be paid even if Carillion collapsed, no shareholder noticed the change. Nor did any of the proxy voting agencies to whom many shareholders delegated their votes and decision-making rights. Indeed, when Carillion was begging the government for a short-term £150m loan at the very last, no investors were alongside them, mounting or supporting a rescue package. The main shareholder activity was to sell the shares short.

This was an ownerless company denuded of any purpose except seemingly to enrich its directors and keep its rootless multiple shareholders happy from one profit-reporting period to another. There was no mission to deliver, no drive for excellence, no pride in service. Workers were disposable notations on spreadsheets. Yet it could be different.

This malaise is at the heart of too many British companies and is what lies behind the litany of disasters and economic under-performance. One leading international investment manager, who wishes to remain anonymous, says that British companies suffer from a disproportionate number of irregularities, fines, missed profit forecasts and malpractice compared with the companies in which he invests in other countries. It is part of a wider picture in which British companies tend to under-invest and under-innovate – even while executive pay has grown at a startling rate to become, per pound of turnover, the highest in the world.

So what to do? One of the striking distinctions of the British system, as the Big Innovation Centre’s Purposeful Company Taskforce revealed in its 2016 Evidence Report (full declaration: I am the co-chair), is that British quoted companies do not have “anchor” shareholders owning a critical mass of their shares (blockholders in the jargon) – engaged owners who will support them through thick and thin. Instead, British companies have the most diffuse, disengaged and transactional shareholder base of any corporate sector in the advanced industrial world.

With so many shareholders, the voice of any single one is easy to ignore. The yardstick becomes immediate financial performance. A preoccupation with the short-term share price becomes inevitable, with shareholders linking executive pay to achieving just that.

On top of this, there is a culture, imported from the US and legitimised by the dominant free market theories of the 1970s and 80s, that the sole purpose of a company is to make as much money as possible as quickly as possible.

In Professor Milton Friedman’s conception, a company can only make a lot of money if it is delivering economic and social good. But maximising shareholder value has become corporate Britain’s intellectual god.

British company law does not require companies to declare any purpose when they incorporate: indeed, the whole British ecosystem is organised to put short-term financial priorities first, and all the other things that make a company great – its people, its relationship with its customers, its capacity to innovate, its declared reason for being – in second place. Bad economics married with Britain’s unique institutions delivered what we now have: a rogue form of capitalism.Q&A
What went wrong for Carillion?Show

The task now is to repurpose that capitalism – a task with no single solution, but rather a range of initiatives that cumulatively will move the dial.

The first step is to make declaring a purpose beyond profit-making mandatory, and incorporating it in the constitution of the company – its articles of association. Another is to harden up the requirements to incorporate wider stakeholder interests into corporate decision-making. Companies should be required to put their reason for existing to a regular shareholder vote, a “say on purpose” beyond merely maximising profits.

Every effort should be made to widen company types beyond the public limited company. There should be more co-operatives and employee-owned companies – companies consecrated to delivering a public benefit first and foremost. The £7 trillion asset management industry should take its obligations as owners much more seriously: every inhibition to forming “anchor” shareholding groups should be dropped, every incentive to become more active long-term stewards encouraged.

Directors’ bonuses should be paid only after a period of between five and seven years, so that boards think long-term. Trade unions should be encouraged, their voices heard and built into company decision-making. Pension funds should be encouraged to invest in purposeful companies; up to £100bn could be earmarked. The 40,000 pension funds should also be consolidated into many fewer entities, so they have genuine clout. The under-resourced and under-powered Financial Reporting Council should become a proper business regulator.

There is a movement for change, but it is on the margins. In Britain, along with the Purposeful Company Taskforce, there is Tomorrow’s Company and Blueprint for Better Business all arguing for systemic change. Internationally, the thinktank Focusing Capital on the Long Term makes a similar argument, as does the “inclusive capitalism” movement. The TUC, under Frances O’Grady, is pushing a parallel agenda.

The best and most reflective people in the business lobby are alarmed by the growing “trust gap” and want to close it. There is intellectual support: the new economics is attempting to integrate the best of free-market, Keynesian and even Marxist traditions. Companies cannot be seen as solely profit machines, but as complex problem-solving organisations, bound together by the social glue of shared purpose, in which tensions and power battles between management and stakeholders will be inevitable. How companies are owned, purpose expressed, directors paid and stakeholder interests traded off will be of fundamental importance.

More Carillion-style disasters lie ahead as the economy slows down. The government cannot continue to ignore these failings, nor can the Labour party simply promise to nationalise everything. The debate about our capitalism can only deepen. For the ordinary Briton, the sooner it is resolved the better.

No comments:

Post a Comment