Weather Afternoon: 10°c Sunny spells Tonight: 4°c Partly Cloudy Night

News

King
King: must resist temptation to call for new laws

We can never rule out all risk

Anthony Hilton
11 Oct 2007


Every time there is a banking crisis, the Bank of England calls for new regulation so it cannot happen again. It got a new Banking Act after the fringe bank crisis of 1973. That did not prevent the demise of either Johnson Matthey Bankers in 1984 or the much more serious collapse of BCCI in the early 1990s, so the Bank called for and got another Banking Act.

That was barely on the statute book when the City was hit by the collapse of Barings in 1995, so of course the solution was yet more regulation and the three-way division of responsibility between the Bank, the Financial Services Authority and the Treasury. That, as we have just seen, failed to head off the Northern Rock disaster. Governor Mervyn King, true to form, called last night for another Banking Act - or as I prefer to think of these ill-conceived bit of legislation, another Financial Dangerous Dogs Act.

The first observation has to be that, if the authorities used the regulations they have properly, there might not be a need for yet more of them. The real lesson from the Northern Rock hearings before the Treasury Select Committee is that there is no substitute for experience.

Clearly Northern Rock slipped through the cracks, but had there been some of the old hands around - people like the long-time Bank of England servant Alastair Clark, who knew everyone in the City and really understood the financial system from the inside out - then maybe the problem would have been picked up in time. Unfortunately, however, Clark retired earlier this year and we can see the gap he left.

The other suggestion gaining a lot of traction is that all bank regulation should be put back in one place, with the Bank of England the preferred option. Before we get too excited, let us remember that the Bank had sole and total charge over Barings. What emerged in the subsequent inquiry into the affair was that the Bank was supplied with a lot of the information it needed to form a judgment, and there was also a whistleblower within Barings who was alarmed at what was going on.

After the collapse, the whistleblower was banned by the Financial Services Authority's predecessor, the Securities and Futures Authority, for not blowing loud enough, while the man in charge of the Bank department at that time retired and went off to be chairman of Celtic. But the really relevant fact is that the people in the Bank failed to grasp the full significance of the information they had, and again failed to respond in time. That is another way of saying that the supervision is only as good as the people applying it.

Today there is a further problem. The Bank of England's supervisory expertise - imperfect though it was - has now gone. The Bank today is full of economists serving the monetary policy committee. Meanwhile, the FSA, which inherited the Bank's team 10 years ago, reflects the bulk of the personnel it has been able to recruit since.

This means it is heavily processdriven. It is rather more than boxticking, but not sufficiently more to cope with the subtleties of a dynamic, fastdeveloping crisis.

Before pressing for all regulation to be moved back into the Bank, we ought to ask whether that organisation is really going to be able to recruit the quality of people today that it could 20 years ago, so there would be a reasonable prospect of its doing the job properly. Not just better than the FSA, but better than with its own scarred track record of Barings and BCCI.

The world has moved on and the brightest of the bright don't go into public service like they used to. The financial system has also moved on, and to a large extent financial innovation is bypassing the banking system and reducing the power of the levers central bankers use to control it. So the supervision job gets ever more complex and demanding, just as the resources to do it become ever more scarce.

I have a different take on the appropriate reaction to this crisis. Accidents happen. We opted for a risk-based approach to regulation, but that has an implicit trade-off. Light-touch regulation allows people space to innovate and helps the City be more dynamic. But because it is light, it carries an increased risk of failure.

So don't complain now that failure has happened. Don't waste time fretting about how it might be prevented in future, because history shows that is also futile. See it instead as part of the price that has to be paid for all the other successes. was so strong when the credit markets were enduring their worst period of turmoil for years.

The sentiment echoed a warning from New Star's John Duffield, who said he thought the uncertainty might well diminish the flow of funds into investment vehicles as the year wears on. That is what you might expect, just as you would expect a declaration of a slower overall rate of economic growth from the Chancellor to diminish investor appetite for shares, particularly when coupled withwarnings of tighter credit and consequent financial distress among individuals and companies that have borrowed too much.

But there has been no sign of that this week, or indeed this month. Shares have risen on both sides of the Atlantic. There are of course some indications of a return to calm, but it is a brave person who thinks the worst has past, for this could easily be a slow-burning crisis with further horror ahead.

Against this, the bulls believe the crisis has brought forward the peak in interest rates, and as these begin to fall it must be good for shares. On one level, this is true. But it displays a rather touching faith in the ability of central bankers to time their cuts correctly, without igniting a further round of inflation. It also puts faith in the power of lower interest rates to ward off the disasters that normally overtake highly borrowed companies in a rapidly slowing economy.

Reader views (0)

 Add your view

No comments have so far been submitted.


Add your comment

 

Terms and conditions Make text area bigger You have  characters left.

We welcome your opinions. This is a public forum. Libellous and abusive comments are not allowed. Please read our House Rules.

For information about privacy and cookies please read our Privacy Policy.


 

 

  • Riot axeman terror at McDonald's Axe man A rioter who terrorised diners with an axe at McDonald's has been jailed for five years and three months - one of the toughest sentences for...
  • Terror of boy exposed as gang witness Scotland Yard A boy and his family had to flee their London home after a blunder by the Met and Crown Prosecution Service gave his name to gang members he...
  • Mayor of poverty-hit council hires adviser in £1,000-a-day deal Lutfur Rahman One of the poorest boroughs in London is under fire for spending £1,000 a day on a personal aide for its mayor
  • Hyde Park mega-concerts at risk after neighbours complain about the noise Hyde park crowd Major music concerts in Hyde Park could be axed because Westminster council believes they are too noisy
  • Soho 'field hospital' for drunks reopens David Cameron smile A field hospital set up to deal with London's drunks is being extended as the binge-drinking crisis deepens in the capital
  • Jobless total jumps by 48,000 with UK facing 'zig-zag year' Job Centre unemployment Bank of England Governor Sir Mervyn King warned Britain faces a "zig-zag" year of growth and gloom today as unemployment rose by 48,000
  • Greens and Ukip could test Paddick in fight for mayor poll third place Paddick Brian Paddick could struggle even to finish third in this year's mayoral election, as smaller parties look set to capitalise on Lib-Dem woes...
  • Phone-hack private eye can appeal over human rights ruling Glenn Mulcaire The private investigator at the centre of the phone hacking scandal was today granted the right by the Supreme Court to appeal against a...
  • Britain's athletes could be banned from 2012 for criticising the team Olympic site British athletes risk being banned from the Olympics if they criticise team-mates or sponsors under rules that cover tattoos, contact lenses...
  • Make 'death trap' junctions safer for cyclists, demands university mourning three Ellie Carey A university that saw two students and a member of staff killed cycling in London last year has accused Boris Johnson of failing to act...
  •  

    Don't Miss
    • London Gateway

      Supersize superport: London Gateway

      London Gateway, the £1.5bn container port under construction on the Thames at Thurrock, will have capacity to unload six of the world's largest ships at one time and have as much impact on the capital as a new airport or half a dozen Westfield shopping centres
    • Matthew Williamson

      One stylish affair: Matthew Williamson

      With London Fashion Week kicking off on Friday, British designer Matthew Williamson tells Rosamund Urwin about breaking up with his ex, post-show partying and his new model man