Monday, 13 October 2008

 A debate on 'The origins of the crisis"

Sunday, 12 October, 2008 2:43 PM



On a day when we all await the opening of the markets tomorrow and 
when no new policies have been announced at all - merely hinted at -
it seems pointless to rehearse the question of the likelihood of 
total collapse this week.

Therefore I thought it might be of interest to rehearse a very 
fundamental examination of the origins of the crisis which took place 
yesterday on Conservative Home blog.  The main contributors were 
Richard North and som eone in the financial world calling himself 
Rugfish.  (precisely what he does is not stated but implied mainly in 
his posting at 1804) .  I intervened once or twice and I have 
included these because my arguments provoked some of the most 
striking replies!

Anyway I hope you find it helpful.

xxxxxxxxxxxx cs
Richard North takes it one stage further on his blog  in an article 
last night “They've known it all along!”  on:       http://
eureferendum.blogspot.com/
===================
A “DEBATE” on Conservative Home Blog 11.10.08  - The origins of the 
crisis”
==========================
excerpts from noon!
Posted by: christina Speight | October 11, 2008 at 12:12

  We are in a worse situation than anybody but Iceland and we'll find 
it more difficult to get out of the chaos than anyone else because we 
are grossly over-borrowed and ALL because Blair-Brown lost control of 
credit.
This blame must be pinned on them otherwise they -and the country - 
will never learn.

Of course individual policies especially global ones can be supported 
but the lessons have got to be learned or it will be the guilty ones 
who prosper - and I don't mean the banks - they operated in the 
political economic climate Brown had set.

As for the Global element. London was the leading (or no 2!) 
financial centre of the world. Global crises like this must, by 
definition, have a British element and that British element is Brown.
.
------------------------------------------
Posted by: Richard North | October 11, 2008 at 12:47

Actually, if you look for it, both David Cameron and George Osborne 
talk a lot of sense about the financial crisis. (look for Cameron's 
detailed references to "capital adequacy" is his speech linked - it 
is impressive.)

Their problem is that, when they do, no one - and especially the Tory 
blogs - reports them. Unsuprisingly, they have learned that, if they 
want to get publicity, they have to go for the low-grade "reality TV" 
stuff.

It is ironic that we then hear complaints that they do not address 
the serious subjects. They do - too few want to listen.

--------------------------------------

Just a correction here.
Brown didn't LOSE control, he gave away control of the banks by the 
Bank of England which allowed banks to "invest" UK deposits in U.S. 
sub-prime mortgages which would/could/should have otherwise at the 
least been glanced at by Eddie George and Mervyn King before they got 
in to it.

The fact the FSA didn't know what they were doing and obviously the 
Bank of England itself couldn't actually understand the instruments 
( nor could the bankers ), was all we need to know.

Brown's interference in banking regulation was clearly responsible 
for that.
I can't imagine Ken Clarke, Lawson, or Lamont allowing UK deposits of 
this magnitude being sent out of the country without asking where 
they were going ?

Prudent judgement went out the UK window the day Brown stepped into 
office so you can only imagine how much 11 years of these 
"investments" add up to.

I won't recite the spending and the giving away of rebates, the gold 
reserve sale etc as this should all add up to Brown's incompetence 
log for PMQ's.
Maybe someone needs to actually ask some questions about all these 
things in that place to make the point clearer ?

Additionally, it could help if Brown's "global plans" to right it, 
were not paraded as an excuse for his own actions too, because saying 
we ALL made the same mistake doesn't mean some could not have avoided 
it IF they'd had good sound prudent financial judgement and the 
regulation in place at the central banks.

If central banks do not regulate the high street banks to which they 
loan money, then my cat could tell you there'd be a problem.

For me, I'd like to know what the banks were doing with taxpayers 
money if I'd been Chancellor for 11 years and in that job on a wave 
of support for my judgement. I'd be thinking I'd made a drastic 
mistake now if I was him but of course I have a Phd in hindsight like 
everyone else I guess.
------------------------------------
Posted by: Richard North | October 11, 2008 at 13:41

Rugfish - It wasn't "Brown's interference in banking regulation ..."
.
Read what your own leader David Cameron has to say on this.

Quite righly, in a long, intelligent passage on the Basel Accord 
(spool down to his section on "Capital Adequacy"), he points up the 
damage done to the system with this agreement, with its "pro-
cyclical" effects on liquidity.

You and many others need to get to grips with the fact that there has 
been a slow, quiet revolution in banking regulation, triggered by 
Basel II and implemented in the UK by EU law.

Further, the fact is that - as far as the UK and the other EU member 
states go, banking regulation is now an exclusive competence of the 
EU. It is no longer "Brown's" regulation but EU law, brought to you 
by the same organisation with gave us the Common Fisheries Policy - 
with similar devastating effects.

------------------------------------
| October 11, 2008 at 14:21


Rugfish your post @ 13.07 should get a wider audience! If the 'man in 
the street' could read something composed as straightforwardly and 
with as short paragraphs as your blog, it would educate them 
mightily! And it would do everybody good if the man in the street DID 
understand a bit more about finance and banking! even if only 
superficially.

Gordon Brown is a political activist first and foremost and probably 
has been since University, he is also a Tax specialist --- a 
specialist in devising taxes! And I would say that his knowledge of 
banking, finance and the free market would be influenced by his 
political preferences!
----------------------------------
Posted by: Rugfish | October 11, 2008 at 14:44

Thanks for that Richard North | October 11, 2008 at 13:41 and I agree 
with what you say in regards Basel, but my understanding is that 
capital resources were simply replaced by the facility made available 
to sell on debt within financial instruments.....thus turning 
liabilities into asset resources ( capital ), which could then be 
utilised on another loan (s).

If I'm wrong here then I stand corrected.

But if I'm right then of course 'someone' should have been informed 
that was occuring, looked at it, weighed up the risk and the 
consequences if the debt risk ratios were not evaluated correctly or 
if their value depreciated in the event of a falling or incorrect value.

That would surely mean, given that the Bank of England had nothing to 
do with it and the FSA didn't know such things things existed until 
the backside fell out of it, that someone in the treasury was 
responsible too otherwise why do we have government.

I can see Basel would certainly have given the impression great minds 
had worked it all out, but clearly the flaw in the system wasn't 
spotted by anyone and now we have the benfit of hindsight. Even so, 
it may be forgiven but I don't think it should be excused as a 
'global problem' especially.
If for instance Britain's BofE had not been taken out of the 
equation, then surely it could have been asking questions about these 
instruments even though Basel had agreed the actual liquidity ?

What happened was more the case of creative business and accounting 
rather than the liquidity agreements under Basel I feel, and that 
'should / could' have been down to 'inspection' and scrutiny by 
competent prudent bankers with experience rather than 'no one' don't 
you think ?
--------------------------------------
October 11, 2008 at 14:52

Just before lunch I spoke to a senior executive in a leading American 
bank and his "take" on regulators was devastatingly harsh. He says he 
despairs of ever being able to deal with A regulator, they 
continually change and so no cooperation is possible. He attributes 
this to low pay.

Now - and here I have a quibble with Richard North - Brown hived off 
the FSA from the BoE and left a gaping hole through which the 'wide 
boys' galloped. The EU is certainly the ultimate regulator but ikt is 
the national regulators that do the donkey day-to-day work so one 
can't just dismiss the whole shambles as being all the EU's fault 
because it isn't. The EU appears to have far less comprehension of 
what's going on than any of the major national governments.

Brown presided over - and gloried in - London being the world's prime 
financial centre. So this makes London a prime cause of the "Global" 
chaos.
It's Brown, Brown all the way as a cause of the GLOBAL crisis and why 
on earth can't Cameron and his useless poodle say so for heaven's sake?
--------------------------------
Posted by: Rugfish | October 11, 2008 at 14:53

Oh, as for the EU sticking its nose in to our business I don't think 
it helps.
Firstly, they fell prey to the same problem and they can't see their 
own way out of it. More bureaucratic claptrappers in the UK we do not 
need.
All we need is one guy with some commonsense, some experience and the 
back up to do the job, and that man is sat in the Bank of England. 
However it IS a global problem of course and that will take some 
global agreement to put it right, but if Brown gets his way, we'll 
have EU stamped on every bank note here and the Bank of England as 
Europe's central bank and him the head of it all.
Actually, the first bit sounds quite good until you put him in charge 
then it all turns to crap.
I think I'd at the moment I'd just like someone in there who can 
actually stand and hold his hands up and say "I made a mistake and 
I'm resigning unless someone has a revolver".
--------------------------------------
. Posted by: Richard North | October 11, 2008 at 15:22

Rugfish - I wish it was true when you say that "the flaw in the 
system wasn't spotted by anyone and now we have the benfit of 
hindsight."

It was spotted well in advance. David Cameron's speech was in March. 
Through March and April, the Bank of England monetary committee was 
warning of the impending disaster, on precisely the grounds set out 
by DC, and others in the pages of the Financial Times were saying the 
same thing.

As it turns out - and I am working on this now, for a post on my own 
blog - the EU commission also knew about the problem well in advance 
and agreed. Right now, it is now rushing through "emergency" 
legislation to correct the problem.

Their problem though is that the EU legislative system is so 
cumbersome that it has taken the commission nearly a year to re-write 
the legislation and it will take 8-10 months to get it approved and 
into force. Yet we can't change the law. We have to wait for the EU 
to act.

Christina - the FSA is based on an EU model and, for reasons we 
explain here, had to take over the regulatory functions from the BoE 
after the latter had been made independent, in order to conform with 
EU law.

There are separate strands to this issue - yes, the Treasury wanted 
to emasculate the BoE, but it used EU law to achieve that (that is 
often the case in modern government ... the officials play Brussels 
off against Ministers - and vice versa - in order to get their way). 
Brown's complicity helped. The sad fact is though, that the FSA is a 
necessary and inescapable consequence of EU law.
--------------------------------
 October 11, 2008 at 15:45
I;m sorry, but all this talk simultaneously about the "EU legislative 
system is so cumbersome that it has taken the commission nearly a 
year to re-write the legislation" combined with we can't do anything 
because the EU rules say we can't seems ludicruous.

Any government of mettle (and opposition for that matter) would have 
said "THIS is a question of the survival of our nation and since the 
EU is incapable (being split between the Commission and the ECB) we 
have to act unilaterally (followed of course by humbug phrases of 
regret - blah, blah) " Every other player of significance does that 
anyway.

What Richard is saying is rather like the Chamberlain government in 
1940 saying " we can't fight Hitler because we have a peace pact with 
him."
If we'd taken that attitude in 1940 we'd not be here to argue the 
toss now.
-----------------------------
Posted by: Richard North | October 11, 2008 at 18:02

If you have read some of the threads on this blog alone, I've had to 
battle to get some people even to accept that the EU is involved at all.

For sure, we could tell the EU to get stuffed, but, at the moment, 
our political classes seem to be afflicted with selective blindness, 
a trait shared by the media.
-------------------------
Posted by: Rugfish | October 11, 2008 at 18:04

Richard, I'm sorry if I sound like a pain in the neck on this but 
it's as well to get these things straight. David Cameron may well 
have made a speech about the cause in March 2008 but the event 
actually happened in September 2007. I know because I was on the 
sharp end of Libor rates drying up and hiked lender arrangement fees 
coming from all lenders in order to attempt to make up their then 
little known loss.

Libor lenders pulled out of the market completely then. Lender like 
GMAC, Kensington, SALT, and many more, all dried up and couldn't lend 
because the mortgage portfolio's couldn't be sold. Plus they were 
having to buy some back. Kensington for instance lost £10 million in 
12 weeks and had to sell. Southern Pacific ( Lehman Bros ) were just 
starting to use Northern Rock as brokers with a new suite of offices 
in the pipe and 2500 new staff. They couldn't do all that and the 
market started on a downward spiral in September 2007.

David Cameron was able to talk about this in March this year and the 
issue hadn't really become public knowledge then.

High lender fees are still applied to a lot of mortgages and that's 
really the only way someone can get a half decent rate but the loan 
to value ratio is so reduced it is almost impossible to arrange a 
remortgage now because values have tumbled and new buyers need 
massive deposits.

The thing is in a complete mess and the cause is down to selling on 
financial instruments which included mortgage products which were 
overrated. That once released capital to the markets and gave 
products for investment purposes, hence the banks leaked depositors 
funds away like sieves for 11 years and were not watched or prevented 
because the Bank of England's remit was changed and the FSA were/are 
clueless. ( The FSA CEO resigned over it ) but Gordon Brown blamed 
the world.

-----------------------------------
Posted by: Richard North | October 11, 2008 at 18:14

Rugfish - you are quite right ... but Cameron has picked it up and 
was aware it could happen again... it was already happening. Inter-
bank lending then was already beginning to seize up. And this was not 
the only time Cameron mentioned it. He even tried it out on the Marr 
show.
The EU commission actually picked it up the problem in October 2007 - 
almost exactly a year ago, when it was raised at Ecofin. That set off 
the process of revising the legislation.
Prof. Peter Spencer was warning about it last December and even Tim 
Congdon wrote about it in April of this year - see here.
The problem has been well known and well understood for some time. 
But it isn't just lending that has frozen – the regulatory system has 
as well.
------------------------------
Posted by: Richard North | October 11, 2008 at 18:21

BTW - I'm not saying the legislation caused the problem. Its effect, 
by being "pro-cyclical", has been to magnify the problems inherent in 
the system and, because of the inflexibility, has hampered attempts 
to deal with the problem.
-----------------------
Posted by: christina Speight | October 11, 2008 at 18:25

Richard - I accept that on paper the EU IS involved. N obody that 
reads your blog can be in any doubt of that. BUT that's not the 
question.

The question is twofold 'Since the EU stops our freedom of action are 
we to go down bemoaning that fact or blithely act unilaterally and 
sort out the mess afterwards (after all you and I will shed no tears 
if our action wrecks the grandiose pretensions of the EU).

The second part of the question - and here I sense we will disagree - 
is whether our own inadequacies in the brief given to the FSA. its 
lines of communication and responsibility to the BoE and the 
remuneration of its staff (see what one of the World's biggest banks 
told me today ... somewhere above @1452)

The EU constructed its rules based on the ECB and its necessary 
separation from any regulator and I cannot believe that some de facto 
- if not de jure - tweaking on our part would have caused any upset 
in Brussels. The point is our politicians have no stomach for the 
fight to save the country

--------------------------
Posted by: Rugfish | October 11, 2008 at 18:44

We are both right then.

I wrote quite a sizeable sized email on the subject to DC last year 
as I felt he would be able to get the message out to warn people. Vis 
a vis the Libor problem and what it would entail for the industry and 
the country in terms of lack of mortgages.

My imagination didn't stretch to other forms of credit and I didn't 
know that British banks were wrapped up in the sub-prime market 
either Except I knew HSBC laid off 800 of its U.S. staff last year so 
I should have known too.

All I'm saying is that Brown actually took away the oversight of the 
BofE.....( my guess ) is that it 'could' have spotted it earlier and 
stemmed the problem as well as the size of losses had he not done 
that, but who's to say whether it would !?

Also last year I think it could have been Paul Mason did a report or 
perhaps some other, and spoke with a top ex-city financier/banker, 
who said he had discussed the financial instruments with the BofE and 
they looked completely vague and unaware of what he was talking about 
because they didn't know what instruments were wrapped together. 
( Out of touch ).

It comes back to Brown but I hear what you're saying of the Basel 
agreement and you're right on that. I just think that agreement gave 
a false sense of security that everything would be alright and Brown 
( because he knew  better ), would not know how banks operated. Thus 
he would also be clueless when he went into office and concentrated 
on taking the 'glory' and hiking taxes.....Hence, "I have eradicated 
boom and bust forever".........
-,-,-,-,-,-,-,-,-,-,-,-,-
God my spelling is bad tonight !

-----------------------------------
Posted by: Richard North | October 11, 2008 at 18:59

Christina - you are right, and so am I! What we have seen is a 
cultural thing, driven by the different regulatory ethos of European 
countries, imported here via the EU.

I am not going to wax lyrical about the "old days", but as a former 
enforcement officer, I saw the old and the new.

The "old" system was based on trust, experience and respect for 
authority, exercised wisely and firmly. A great deal of reliance was 
placed on the expertise, judgement and professionalism of the 
regulator, who worked often to very loose guidlines and had a great 
deal of latitude.

In the "new", they took the "trust" out of the system and replaced it 
with "procedures". You stopped having to prove you were trustworthy. 
As long as you could fill the right tick-boxes, you could get away 
with anything.

Then they replaced judgement with "compliance officers" and changed 
the ethos, ignoring the spririt of the law and working to the letter. 
If it isn't "illegal", according to clever and expensive lawyers, it 
became "permissible".

This is a complex and interesting issue. I've taken a sideways look 
at it here, and there is much more to say about it.

Basically, across all walks of life, we've changed the regulatory 
paradigm – from slaughterhouses to banks. It is a foreign import and 
one that does not work for our culture.
---------------------------
Posted by: Richard North | October 11, 2008 at 19:12

Rugfish:
"... who ... had discussed the financial instruments with the BofE 
and they looked completely vague and unaware of what he was talking 
about because they didn't know what instruments were wrapped 
together. ( Out of touch )."

Of course they were "out of touch". The BoE was no longer responsible 
for enforcement Plus they had lost two thirds of their staff, shifted 
to the FSA, so they neither had the means nor the need to keep "in 
touch".

Osborne/Cameron are right when they say that authority must be 
returned to the Bank, but that is easier said than done. First, we 
have to put two fingers up to the EU and, before we do that, we have 
to get wider recognition that the EU is a problem - not the only 
problem, but a major part of it.