2010
Will Hutton: We have the oddest and most regressive constitution for private ownership anywhere in western capitalism
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Below is an article from the Observer written by our Chair, Will Hutton, about the state of contemporary British capitalism and the Commission. The original article can be read here.
Heathrow's chaos is indicative of a wider national malaise
We have the oddest and most regressive constitution for private ownership anywhere in western capitalism
It was not Heathrow's finest hour. The pain was there to see in the pictures of thousands of passengers delayed without information, left to camp for hours on inhospitable floors. Less visible were many thousands of others, like some friends of mine, who, courtesy of the internet and the closure of Heathrow's slip roads, thankfully never made it to the airport at all. The freakishly heavy snowfall would have disrupted any world airport, but not for as long as Heathrow, which was still suffering acute delays three or four days later.
Most passengers could see that the airport owners' priorities were not theirs. The acres dedicated to retailing compared to the paltry investment in snowploughs were signal enough of what British Airports Authority cares about – generating the cash flow to give Ferrovial, the ultimate Spanish owner, the interest and dividend payments to make its over-expensive asset pay. Heathrow is the Manchester United or Liverpool FC of the airport world, an organisation which was expensively taken over by outsiders and which now has to create the surpluses to pay off the debts incurred in its purchase. The consequence is an extraordinary vulnerability to any shock .
It is phenomenally stupid – a combination of the pre-financial crash boom in which banks showered credit like confetti on allcomers regardless of the consequences, together with Britain's callow approach to ownership. The country has never seriously debated what good ownership of assets might constitute – whether by a football club or a public company. Instead, the response to the social and economic irresponsibility of some private ownership has been to call for nationalisation and public ownership, while the response to the waste and lack of innovation of some public ownership has been to call for private ownership. There has been too little attempt to think through what the constitution and process of ownership might be that would create great owners, whether in the public or private sector, or among the many other forms of ownership, ranging from partnership to co-operatives.
Instead, with the rise of the neoconservative right, there has just been the unquestioning assumption that the best form of ownership is private; in Britain, that necessarily means our idiosyncratic variant of the public limited company. This represents the oddest and most regressive constitution for private ownership anywhere in western capitalism. British company law makes no requirement on shareholders and directors to have any obligation to be good stewards of their assets, their employees or their customers. Shareholders' rights to do what they want with their shares to maximise their immediate value is more stark than anywhere else and directors' responsibilities are only to serve the interests of these madly unconstrained shareholders.
The debacle at Heathrow is one consequence of this insouciance, but the wreckage stretches across the economic landscape. British companies think, strategise, innovate and invest their way to success far less than their competitors in different ownership regimes. They know the penalty for one wrong move is to be taken over as responsibility-free shareholders sell out to some opportunistic predator advised by London's network of lawyers, accountants and investment bankers who grow fat on the lush fees. This Christmas, a great British company, De La Rue, printer of our bank notes and bank notes worldwide, is fighting for its life against a takeover from French rival Oberthur. No such high price is paid in France for the inevitable stutters in any company's life. Last Christmas in Britain, it was Cadbury trying to fend off the attentions of Kraft, which, after the takeover, organised Cadbury's finances so that it paid hundreds of millions less tax. Next Christmas, it will be someone else. The debts for these never-ending takeovers have to be paid for by someone and that is us.
No other capitalist economy organises its affairs in this way. When British Airports Authority was privatised in 1986 – with the not unreasonable aim of making it more innovative and freeing it from the stultifying anti-investment rules of the Treasury – there was no creative thought about what constitution of ownership would be the best for an airport. The Americans require their airports to be owned by, not for, companies whose constitution obliges the owners and managers to put the public interest of efficient and comfortable travel first. In Britain, the issue was not even aired. BAA was simply to become a British public limited company, whose sole objective would be profit maximisation. In 2006, there was the inevitable contested take-over. Ferrovial entered a Dutch auction against a consortium led by the investment bank Goldman Sachs. The price of BAA was bid up to £9bn. In the City, there was much self-congratulation about how shareholder value had been maximised and the various partners in the advising firms all pocketed gigantic fees.
Critics were told that it was vital that Britain stayed open for business, that ownership does not matter. What mattered was that City investment banks, lawyers and accountants had a steady "deal flow" of companies available for takeover and so secure the international position of the City of London. Britain would eventually not have any companies of its own – they would all be foreign-owned, rather as all Wimbledon champions are foreign – but we should be delighted to be the country where so many takeover transactions took place just as we are delighted to host Wimbledon.
This self-serving ideology is betraying Britain. The public limited company is a remarkable institution. Incorporation allows the sharing of risk by many providers of private savings. In return for incorporation, the company receives the licence to trade and to make profits as long as it observes the law of the land. The public company is the great engine of capitalist growth. But the constitution of the company matters. Shareholders and directors can be required to take interests into account other than their own immediate profits. Other countries do this and prosper. Not the British.
The lesson is that ownership counts, a view that as disaster piles on disaster is at last gaining some transaction. I chair the recently established Ownership Commission to investigate how better ownership might be achieved, from both introducing mutuality and co-operatives into the public sector to potential revisions in company law for public companies. It reports next autumn. The subject matter is not just technical stuff. This Christmas, there will be people who are not with those they love thanks to BAA's priorities. Good ownership matters very much indeed and Britain has too little of it.
2010
Mutuals' Forum 2010
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Last week the Commission held an event at the 2010 Mutuals' forum. The Commissioners gave delegates an overview of the Commission's work and set out their views on the importance of good ownership. More photos from the day are available on Mutuo's Facebook page.
2010
Commission fringe event at Conservative Party Conference
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On Tuesday 5 October, the Commission held a fringe meeting at Conservative Party Conference. Speakers included Jonathan Evans MP, Sue Slipman of the Foundation Trust Network, Commissioner and Chief Executive of the Co-operative Group, Peter Marks and Commissioner and Vice-Chair of PricewaterhouseCoopers, Glyn Barker.
The meeting sought to engage Conservative party members with the Commission's work and looked at how business can best serve consumers and individuals.
2010
Commission fringe event at Labour Party Conference
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Earlier this week the Commission held a fringe meeting at Labour Party Conference. Speakers included Rt Hon Tessa Jowell MP, Sue Slipman of the Foundation Trust Network, Moria Lees of the Co-operative Group and Peter Hunt of Mutuo.
The meeting sought to engage party members with the Commission's work and looked at how business can best serve consumers and individuals.
2010
Commission fringe event at Liberal Democrat Party Conference
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Earlier this week the Commission held a fringe meeting at Liberal Democrat Party Conference. Speakers included Commission Chair, Will Hutton, Sue Slipman of the Foundation Trust Network, Moria Lees of the Co-operative Group and Peter Hunt of Mutuo.
The meeting sought to engage party members with the Commission's work and looked at how business can best serve consumers and individuals.
2010
Media ownership in Britain
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Will Hutton, Chair of the Commission on Ownership, has written an article about media ownership in Britain, click here to see the article in full.
2010
The Commission on Ownership at this year's party conferences
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The Commission will be holding fringe events at each of the three main party conferences this year giving party members and politicians the opportunity to meet members of the Commission and give their ideas about how to improve ownership in the UK. We have invited senior ministers from each of the main parties and will be announcing a full list of speakers shortly. The respective dates are: Liberal Democrat Party Conference - 21 September Labour Party Conference - 26 September Conservative Party Conference - 5 October If you are attending one of the conferences please come along! Click the events page above for more details.
2010
Wrestling with the concept of ownership
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Most of us think about ownership in terms of our immediate possessions, our house, our car, a favourite coat. And these are important. Rightly or wrongly they can define our sense of self-worth and they are used as a point of comparison with others around us. The concept of ownership has existed for thousands of years in all cultures. In our modern capitalist society those who own little or nothing can feel sidelined. But ownership is about much more than material possessions, it is also about how involved and included we feel in our communities. Ownership goes to the heart of how our society and governing institutions are structured.
In Britain anyone over the age of 30 will recall debates about private versus public ownership of key utilities in the 1980s and 1990s. Issues around public and private ownership remain sensitive as we can see from debates around the future of the Post Office and of the government owned bank, Northern Rock.
Depending on your view, the inequality of ownership can be seen as cause for much of the social injustice we see around us. On the other hand, others see the striving for higher levels of ownership of wealth as one the main motivating factors for human and societal progress. Our own ideological positions inform us where we stand on these matters and what we think, if anything, ought to be done.
2010
Does national ownership matter?
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A debate is raging in Canada at the moment about the Canadian government's plans to liberalise foreign ownership restrictions in the country's satellite sector.
A few months back we saw the US food conglomerate Kraft win control over Cadbury, one of Britain's best loved companies. Initially Cadbury appeared to have fought off competition from its US rival. However at the start of this year, with an increased offer from Kraft, the Cadbury board finally accepted.
With too few shareholders prepared to forgo short-term gain for longer-term prosperity the outcome was perhaps inevitable.
Trade union leaders have called for a new law in order to prevent other British firms being taken over in this way, so is it time we shake-up of Britain's takeover laws to prevent a company being acquired against the national interest?
