Financial Crime: Legislation

Lord Eatwell Excerpts

Thursday 17th March 2011 Lords Chamber

[Lord Eatwell]

My Lords, “Dictum meum pactum”—“My word is my bond”—has been the motto of the London Stock Exchange since 1801. It embodies an important statement about the role of trust in the operation of markets—not just financial markets but the capitalist economy in general. Trust is a fundamental component of the operation of any successful capital economy. In the absence of trust—trust in the financial system; trust in the rule of law; trust in the ultimate fairness of economic and social organisation—the efficient operation of a market economy is seriously compromised.

The importance of today’s debate does not rest on the specifics of legislation on bribery, tax avoidance, corruption and money-laundering. After all, all these activities have a very different legal status. Bribery is not yet illegal in the manner that Parliament intends, and the Minister must explain why the declared will of Parliament is being frustrated by the Government’s persistent delay in introducing the Bribery Act. The noble Lord, Lord Hodgson, should recall that just the same sort of fears as those that he expressed preceded the introduction of anti-insider trading legislation.

Tax avoidance is not illegal—that would be evasion—but it is clearly undesirable, and I applaud the Government’s request to Graham Aaronson to lead a study as to whether to establish a general anti-avoidance rule.

Corruption is in principle illegal but in practice not as illegal as it should be. For example, the Dodd-Frank Act that reforms US financial regulation also requires US-listed companies involved in extractive industries anywhere in the world to report all payments that they make to Governments project by project and country by country. Those that fail to do so will be excluded from US capital markets. Will the Minster tell us whether the Government would support a similar law here, and will the Government legislate to ensure that reporting failures identified in US legislation, whether at home or abroad, result in exclusion from the London financial markets as well?

Money-laundering is illegal, principally because its very definition relates to criminal or terrorist activities. What unites all these activities, legal and illegal, is that they destroy justice and fairness, and, by destroying trust, they weaken both our society and our economy. Particularly today, when the many are suffering from the greed and folly of the few, restoring trust should be at the very heart of the Government’s legislative programme.

A persistent argument—we have just heard it again—against legislation in all these areas, with the possible exception of money-laundering, although perhaps not, is that an honest economic environment will be an uncompetitive one: contracts will be lost to the foreign firm willing and able to grease a sufficient number of palms. It would be a serious error to fall into the trap of the “Everyone’s doing it, therefore so must we” argument. Condoning illegality, dishonesty or even just sharp practice is no foundation for building a strong economy or a vibrant international financial centre.

Indeed, one characteristic of the British economy which is an unambiguous success story is the recent history of financial innovation. However, Britain’s success has a dark underbelly. The very innovation that has multiplied the volume and sophistication of financial transactions has also multiplied the opportunities for money-laundering and tax evasion. A significant proportion of all financial innovation is driven not by the demands of economic efficiency but by the desire to avoid taxes and/or the strictures of financial regulation. In such an environment, bribery and corruption follow not far behind.

As a world financial centre, the UK has a peculiar responsibility to maintain the highest standards of transparency and accountability, and to have the very strictest legislation covering financial transactions and taxation. The world of finance cannot operate without trust. Lose trust and London is finished.

If a general anti-avoidance rule is to be effective in limiting tax avoidance, then fundamental structural reforms are required to the tax system. Complexity and obscurity in taxation are the mother and father of tax avoidance; simplicity and clarity are the enemies of the cheats; and because even simplification will not eliminate avoidance, in the interests of fairness and trust there should be a minimum tax—a rate that no accounting artifice can reduce.

We must not be complacent. Ten years ago Transparency International’s corruption index ranked Britain tenth among the countries of the world, with Finland and Denmark being the least corrupt. In 2010, Denmark was still ranked least corrupt—Finland had slipped to fourth—and our ranking had plummeted to twentieth. The abuse of economic power undermines the economy and destroys trust, and it destroys Britain’s reputation as an international financial and trading centre. Practices that are unfair divide and weaken. That is why effective legislation to tackle bribery, tax avoidance, corruption and money-laundering is of far greater value than the monetary value of the offence. It is also why the Government’s failure to implement the Bribery Act is doing so much damage to Britain’s economy and reputation around the world.