Reports by select committees of MPs after some scandal should be
treated with care. There is nothing MPs like more than to take the moral
high ground and heap blame on others in front of TV cameras, whether their victims deserve it or not.
But in the case of the collapse of Carillion, their condemnation
of the senior management, the board and the auditor seem fully
justified. When the Institute of Directors say
that “effective governance was lacking at Carillion” you know
things were very wrong.
Think of the company
as a ship. The captain has steered the ship too close to the rocks,
and seeing the impending disaster has flown off in the ship’s
helicopter and with all the cash he could find. After the boat hit
the rocks no lives were lost, but many of the passengers had a
terrifying ordeal in the water and many lost possessions, and the
crew lost their jobs. Now if this had happened to a real ship you
would expect the captain to be in jail stripped of any ill gotten
gains. But because this ship is a corporation its captains are free
and keep all their salary and bonuses. The Board and auditors which
should have done something to correct the ship’s disastrous course also suffer no loss.
To say this reflects
everything that is wrong with neoliberalism is I think too imprecise.
[1] I also think focusing on the fact that Carillion was a company
built around public sector contracts misses the point. (I discussed
this aspect in an earlier post.)
To say, as the MPs do, that the collapse of Carillion is the result
of recklessness, hubris and greed tells us nothing, because many
people are bound to be those things if the system provides no incentives for better behaviour. The problem is that the senior
managers, the auditors and the Board are not in prison and have not
even suffered any financial loss.
In theory the incentive for better behaviour is that everyone except the auditors have lost their job and are unlikely to get another. But executive
salaries are now so high that this penalty, if it is applied, is just
not strong enough. The former chief executive, who resigned in 2017,
earned £1.5m in 2016. (A third of that was in the form of a bonus
that could have been clawed back until the remuneration committee
made that more difficult in 2016.) Few people would think that never
being able to captain a ship again was a sufficient disincentive for
the imaginary captain who steered his boat too close to the rocks.
The idea from Econ
101 that CEOs are paid their marginal product is now laughable. Their
pay is so high in part because it is set by cosy remuneration
committees, but mainly because CEOs have considerable bargaining power
over the firm that employs them. This power is intrinsic, so greater
oversight by shareholders will do little to change this situation. I
wrote some time back that perhaps economists should think about the
benefits of a maximum wage, or a return to punitive taxation on CEO
type salaries and bonuses. [2] That idea normally provokes shock and
horror, but have economists come up with a better idea to offset this
market failure at the centre of modern corporations?
As far as auditors
are concerned, there is much talk of breaking up the big four. The idea is that in a more competitive auditor environment there would be more opportunity for firms to establish a reputation, and for those that failed to do so to go out of business. I suspect the issues go deeper than that. It would be interesting to know if existing auditors after a high profile failure like Carillion lost market share. It may be that shareholders have insufficient power to ensure the selection of auditors useful for them. If that is the case, there may be a case for giving regulators greater power to act on shareholders behalf.
Ultimately corporate
failures are a reflection of how companies are governed. I tend to
agree with Will Hutton that the model where the shareholder and more
particularly the share price are king is deeply flawed. The term
financialisation is a bit like neoliberalism in that it is used by
different people to mean different things, but I think it does
describe how corporate culture has changed in the UK and US (at
least) over the last few decades. We must never forget that the
largest disaster in recent times reflecting a rotten corporate
culture was the Global Financial Crisis.
Will writes
“My contention is that limited-liability companies, having certain formal privileges and status, should not be the private playthings of transient owners interested only in their own immediate self-enrichment, without any concern for how their profits are made. They should be organisational structures that allow humanity to innovate and then produce to meet the great challenges of any era: in this context profits are made by delivering a noble, moral business purpose, integral to the wider legitimacy of the enterprise.”
The big challenge is
to work out the most efficient way of achieving that goal.
[1] What I think is
fair to say is that a neoliberal culture is why attempts to address
these problems have been ignored for so long. Ed Miliband talked
about predatory corporate practices, and the overwhelming reaction
was that this made him ‘anti-business’ and ‘too left wing’.
[2] The idea
currently being embraced by politicians is to publish firm pay
ratios: the ratio of the CEO’s pay to the average employee in that firm. You
could cap that as a policy, although it is not obvious to me why
CEO’s in firms (in sectors like finance) that have highly paid
employees should be allowed to expropriate more from the firm than those with lowly
paid employees. However as this is not my area, I am happy to see
analysis on the optimal way of removing this distortion within
corporations.