Carl Mortished: Analysis
Attend an evening with Andre Agassi
“Ought, ought, ought, ought ought!
Are you going to spend your life saying ought, like the rest of our moralists?
Turn your oughts into shells, man.
Come and make explosives with me.”
When any organisation promises, a priori, to fully comply with the
recommendations of an independent scrutineer of its behaviour, you should be
suspicious - but you should be doubly suspicious when that company is an
arms manufacturer.
Undershaft used the O word with abandon in George Bernard Shaw’s Major
Barbara. BAE Systems knew there would be a lot of “ought” in Lord Woolf’s
report, and so there is, and now the company will go about scrupulously
complying with Lord Woolf’s recommendations.
There will be lots of committees and there will be elaborate box-checking
procedures and commodious files. There will be regular reports that repeat
verbatim the ponderous recommendations as if to say: “Look, we have done all
this, just as you told us to do. We have established a code, we have
reviewed, considered, complied and reported.”
This is a victory for BAE and for the status quo. Lord Woolf’s recommendations
will not prevent corruption and they might do worse: they could provide the
mechanism that ensures that bad behaviour goes undetected, by cloaking every
transaction in a veil of procedural goodwill. The awful bureaucracy that
will be erected within the weapons dealer is a small price to pay for being
left to get on with the unpleasant business of arming our more unsavoury
allies.
Nothing in the Woolf report addresses the fundamental question of how we catch
the corrupt and how you proscribe behaviour that is never unilateral and
always complicit.
Where there is a corrupter, there will be found those willing to be corrupted.
Unusual commissions and facilitation payments are normal business practice
in most of the world, notably those emerging markets where British firms and
their European and American rivals are desperate to get oil and sell guns.
There is an OECD convention (of which Britain is a signatory) that denounces
bribery and the US Department of Justice is active in the pursuit of
American executive corrupters.
Yet there is a reluctance to take all this seriously in Britain and not only
because, under pressure from 10 Downing Street, the Serious Fraud Office
scrapped its investigation of BAE’s Saudi contract. It is because, deep
down, we suspect that Shaw’s amoral arms manufacturer may be right. Let’s be
honest: privately, we would rather that BP or Shell got the oil deal than
did some less friendly Russian or Chinese company. If the price for petrol
is an under-the-table payment to a dictator, so be it.
Moreover, we have no idea what is really going on. Consider the Extractive
Industries Transparency Intiative (EITI). Launched in 2002 with great
fanfare by Tony Blair, the EITI was intended to be a system that would
publish all payments by foreign companies for mineral extraction rights in
developing countries.
It has the support of leading oil and mining enterprises and 23 developing
countries, mainly from sub-Saharan Africa, have expressed agreement in
principle. Six years on, not a single signing country has been validated as
compliant with the disclosure initiative. Only one Middle Eastern state,
Yemen, has agreed to take part.
It would be safe to say that EITI is probably dead. It has been suffocated by
fear among these failed states that cupboards might be opened, accounts
scrutinised, curtains in dark rooms opened to daylight. Without agreement
over the disclosure of payments, our effort to properly police
multinationals is probably doomed to failure. If we cannot ensure that a
contract to supply us with oil or copper is above suspicion, is it even
worth worrying about a deal to sell missiles to a tyrant?
If we are to continue this amoral trade, the answer ought to be similarly
pragmatic. We need to ensure that if bribes are to be paid, they are
justified for the “national security” reasons that our Government cited in
preventing the investigation of BAE’s Saudi arms deal. The authorisation of
the bribe could be reviewed by an independent arbiter, perhaps Lord Woolf.
If that sounds grotesque, it is all to the good. It is at least halfway to
disclosure and the “ought” that causes us so much trouble.
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