Patrick Hosking: Business commentary
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to The Sunday Times
At first glance, the Financial Services Authority's review of its own role in the Northern Rock saga reads like a brilliant self-parody. One wonders for a moment whether the author, in a mad moment of Swiftian mischief, has deliberately set out to portray her colleagues as a bunch of Pooterish pen-pushing, paperclip-counters.
There is the slavish and pedantic attention to the trivial detail. “We reviewed 129 files [lever arch or equivalent] ...” the report proudly assures us early on.
There's the blizzard of confusing acronyms — MRGD, ARROW, RMPs, C&C, IRMs and HoDs.
There's the reluctance to call a spade a spade. “The supervision of Northern Rock was at the extreme end of the spectrum of the supervisory practices we observed.”
There's the absurd faith in frequency of meetings as the FSA's measure of effective supervision. The more the better, obviously.
There's the obsession with inanimate systems and processes rather than people. Reading the executive summary (we don't get to see the full report for another month), one gets no impression at all that the FSA is staffed by 2,000 educated and thinking human beings — people, we might hope, attuned to the currents in financial markets, understanding of the temptations that might persuade bankers to make reckless decisions and capable of bringing common sense, brainpower and personal judgment to the regulatory process.
And there's the bureaucrats' refusal to accept that there is anything fundamentally wrong with the organisation or its philosophy. Or at least nothing wrong that hiring a few more administrators can't solve.
The report is not a whitewash, however. Indeed, by its own lights, the FSA is brutally self-critical. It blasts itself for its lapses of officialdom — the failure to keep good records, the paucity of meetings, the glitches in line management procedures.
As such, the FSA risks being accused of abject hypocrisy. These are just the failings it cannot tolerate in the firms in regulates. Poor record-keeping is high up in the FSA's hierarchy of deadly sins.
But the wider message from the report is that the FSA does not try to run a zero-failure City and that the Rock implosion and run would probably have occurred even if the FSA had been operating as it would have liked. Perhaps FSA officials could have impressed their concerns more forcibly on Rock directors, perhaps the bank would have been advised to diversify its funding a bit more, but nobody at Canary Wharf seems to be terribly convinced this would have made a difference.
FSA officials have admitted privately that they would have been unlikely to exert their powers to force Rock to change its ways in those benign, pre-2007 credit market conditions.
In short, but for the shortcomings in depositor protection, Rock was, in the eyes of the FSA, just one of those unfortunate things — an inevitable rare failure, but a price worth paying for a system in which competition and innovation are allowed to flourish for the benefit of customers.
It will be a few decades before we know if this is a fair assessment. Any more bank collapses and the FSA's private view that this was a once-in-two-centuries probability event will sound very hollow. Anyway, it is much too early to argue that the price is worth paying when we don't yet know what that price (for taxpayers) will be.
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The responsibility for the problems at Northern Rock rests firmly with the directors and managers of the company. If they really performed as badly as the FSA suggests why isn't action being taken to prevent the directors from acting in that role in future? By accepting responsibility for the failure of Northern Rock the FSA has not only let the directors off the hook but sent a dangerous signal to other organisations- you behave as irresponsibly as you want to and rely on us to keep the system safe. Security needs good behaviour from those at the sharp end, not more regulation.
Alun Ellis, Cockermouth, UK
As I understand it the FSA is a private company with a Govt imposed monolopy. So the answer is simple, give them the boot and allocate responsibility to another company. (Unfortunately as we all know it would end up being essentially the same company) or alternatively how about allowing regulatory competition? There's an idea, I bet they'd sharpen their thinking if there was someone else breathing down their neck for a share of the pie.
Remember the FSA still suggested that ZEROs were a safe investment vehicle 2 weeks after this similarly cross-fertilised product had crashed and burned!
But as it stands yet another company will be rewarded for it's incompetence.
Clive, Australia,
DavidL has it, they will fine themselves, and we pay it in taxes. A la British Rail. The financial press knew the Wreck was in danger months before, do they not buy papers at the FSA?
Seems right for the Wreck small shareholders, but not grasping hedgies, to be reimbursed for their losses by the FSA for their mismangement.
john, cheshire,
It is probably more inspiring to produce a report with findings about the measures that could have been taken to prevent the NR debacle.
Charles, Hong Kong,
Here's a website that seems toget to the source of the world wide financial mess- It's a bit dense and about 10 pages long but it's worth it-
http://my.opera.com/richardinbellingham/blog/show.dml/1796860
david, West Hartford, CT/USA
Abject failure. Actually I don't think these things are necessarilly as predictable as people are now claiming in hindsight and if the FSA took a zero risk approach then the economy could well come to a grinding halt... take the risk out and you take the enterprise out.
Having said that the FSA insist those they regulate are transparent, that they deal with customers in plain english , that they keep accurate records etc etc... on all these grounds the FSA fails time amd time again... lets remember when the FSA took over mortgage regulation (at massive cost though at little benefit to consumers) they proposed if you can believe it that areas they would not regulate would include Lifetime mortgages and equity release mortgages.... it took the brokers and industry insiders time and effort to tell them what a blind man could have seen which is these are the most risky areas which are the ones they should regulate first... frightening that they did not see this.
abharrisson, london,
Sir,
Like the earlier post-mortems from the Bank of England and the House of Commons Treasury Select Committee, the "trivial, Pooterish detail" ( Patrick Hosking) of the FSA report ignores some basic questions.
(1) How much of the money that fuelled the credit bonanza, sub-prime market and associated financial boom was created out of thin air by commercial banks as loans to one another?
(2) Did allowing commercial banks to create huge amounts of money for that purpose make it difficult for the authorities to assess the consequences when the boom went bust and the tangle of international interbank indebtedness began to unravel?
(3) If so, what can be done to prevent it happening again?
Yours sincerely
James Robertson, Cholsey, Wallingford, England
Today it is all about credentials and procedures being followed and nothing about experience and substantial knowledge.
ed b, brooklyn, new york USA
Hi,
Mad moment of Swiftian mischief. Strange things are happening in the banking world for example the Deutsche Bankâs Chief Executive Officer and Chairman of the Group Executive Committee Mr. Ackermann who in the past has been vigorously against state intervention has recently demanded the state should bail the banks out. He also said the situation will affect private customers. Honest politicians have demanded the bank open there book to establish transparency which they refuse they just want the money.
Regards Dr. Terence Hale
Terence Hale, zandvoort, Holland
sir
If my systems do not come up to the required levels, Im fined and can lose my business .
Hit the culprits in their own pockets , through the courts if need be. They take a salary for doing the work .
Robert . I FA Birmingham
robert, birmingham,
This is too funny. As somebody with 20 years banking experience, I agree with Tim: Northern Crock was always a disaster waiting to happen.
Those who ignore history are destined to repeat it.
An identical and fundamentally flawed business plan was tried by Continental Illinois a few decades ago - it failed then too. That time it was the US taxpayers that had to bail out.
Criminal negligence should be prosecuted.
Steven Bowles, Faversham, Kent
At the FSA, as in most walks of life these days, there is no room for judgment. Judgment implies a process which is not open, transparent and subject to proper control. Judgment is necessarily a hunch, the application of prejudice, and therefore by implication, for the person on the downside of the judgment, grounds for legal of other challenge.
It is our moral cowardice in failing to champion judgment that is the root of much of what is wrong with our society today.
Robert Jones, Bridgwater, UK
Who, if any one, predicted the Credit Crunch before last August. I can not remeber a single article in the financial press doing so.
Having said that did anyone in the FSA understand the nature of the finanacil products that caused the problem? Clearly nobody in either the Banks (except Goldman Sachs) or the rating agencies did.
Stephen Green, Correns, France
Lets face it, the FSA want to be a regulator that allows a "laissez faire" approach. Poor record keeping is an example of this approach. They don't like hard and fast rules they prefer judgement (wrong judgement), a recipe for disaster.
bob taylor, castelnau, France
Sir,
30 years experience in the City of London, trading various currencies, commodities and derivatives, leaves me completely at a loss as to why the FSA ignored all the warning
signs in regard to Northern Rock. As far back as 2000 markets expressed doubt and advserse comment in regard
to small building societies becoming "big league" mortgage and credit providers.
To allow a financial services company, however big or small,
to ignore the basic rules of operating liquidity is, at best inept,
at worst criminal. As most people who have been running financial institutions during the last 15 years will accept the FSA has been sold to us all as a neccessary and beneficial
regulator, with power to inspect, intervene and prosecute.
SNAFU then.
Yours sincerely
Tim Wyeth, Basingstoke, UK
Now that fault has been accepted, we can only wait to see the size of the fine with which the FSA penalises itself. That way, the taxpayer can lose twice, which is the norm, unless of course they choose to fund it through cancellation of the bonuses of their top execs.
DavidL, Worthing, England