Tag Archives: UK Parliament

Democracies are decided through Income

It has been a week, and there is a mountain of events evolving, many all about how a second referendum is needed and in addition to that, the amount of issues that are now surfacing. First we need to take a look at the valid parts. A valid part was seen on Sunday (at https://www.theguardian.com/law/2016/jul/03/parliament-must-decide-whether-or-not-to-leave-the-eu-say-lawyers), where we see ‘Law firm says article 50 cannot be triggered without full debate and vote by parliament‘, which is fair enough. Let’s face it, the people have voted on what they wanted, but in reality, Any Referendum is not legally binding, so legally the Government can ignore the results. Yet, for the Government to ignore such a massive size of a population seems to be a weird approach to democracy. Does the Law firm have a case? The quote “A prominent law firm is taking pre-emptive legal action against the government, following the EU referendum result, to try to ensure article 50 is not triggered without an act of parliament“, which is fair enough, yet this is followed by “on behalf of an anonymous group of clients, solicitors at Mishcon de Reya have been in contact with government lawyers to seek assurances over the process, and plan to pursue it through the courts if they are not satisfied“. I wonder who these ‘so called’ anonymous clients are, perhaps the banks who are now freaking out?

Yet, issues aside, how strong is this case?

First, the current government called for the referendum. Those who sit in the House of Commons called for the referendum and 72.2% of the people reacted and voted, in the end 51.89% were in favour of Brexit!

Now, we see all these new groups, all trying to create mayhem, all crying like the little bitches they are. Boo hoo hoo, so unfair, we want a second vote! It is utterly pathetic. Yet, there are a few issues that should not be ignored. The main reasons this all got started is that certain players took a stand. First there is Nigel Farage who started it and is now resigning as UKIP Leader, he apparently wants his life back. We can argue whether we have pressure issues. Perhaps I should step in as the new leader of UKIP, although, I am and will remain a Conservative. I just have an issue with people who desert when the actual work needs to be done. Second is Boris Johnson, one of the main players in Brexit, he too now seems to be turning his back on the entire process. Yet in all this the votes are still done and many of them were either Labour, Conservatives, Lib Dems and pretty much all members of UKIP. The issues is shown all over the UK. Work must now be done, yet we see a shift, we suddenly see the issues rise after the vote. Is it not interesting how we are all getting played?

Remember the voices of Grexit, how parties were all considering Grexit and how we were being played, only to learn well over a year later that expulsion from the EU was never an option, only voluntary exit is an option! Now that the UK decided to exit it voluntary, we see a massive wave of business people and people in the financial and legal industry making things near impossible to continue. No matter how we see these facts, the issue raised by the solicitors at Mishcon de Reya remains valid. Yet, is it not interesting how none of this was clearly stated all over the place before the vote? Is it not interesting that the media seems to have broomed that interesting part under the nearest rug?

Now consider the quote “The outcome of the referendum itself is not legally binding and for the current or future prime minister to invoke article 50 without the approval of parliament is unlawful“, is it not interesting how that part is equally not brought to light before the vote? It seems to me that the people of England have been played. A vote, whilst the players knew that the referendum was not even the beginning to the change. We always knew that there was more in play and as such the Brexit path was always going to take some time, yet to what extent should we see the path that the UK faces?

Now, I regard the part we see from Mishcon de Reya to be possibly very valid. Yet is that in other cases equally so? In opposition there is the article ‘Nick Clegg calls for general election before article 50 is activated’ (at http://www.theguardian.com/politics/2016/jul/03/nick-clegg-general-election-article-50-activated-eu-referendum). My initial question becomes “Wasn’t he some politician in days gone past?” And of course, I would be right, it is the former leader of the Lib Dems, not Tim Farron mind you, who is now calling for an election before Article 50 is enacted. The quote “Our country is in a tailspin. An election of a new parliament in which MPs act responsibly to manage our historic divorce from the EU is the only way to forge some order out of the present chaos” gives the impression that we are dealing with some version of Captain Caveman. Consider the quote ‘a new parliament in which MPs act responsibly‘, so is there something wrong with the current parliament? Then we get the quote “before people have had an opportunity to cast a judgment on what life would actually look like outside the EU would be deeply undemocratic“. Eh, was that not what the referendum was all about? People made the vote. Perhaps Nick is now getting active because his daddy was the Chairman of a bank? Perhaps the banks are truly getting scared of the impact Brexit is starting to have on the Dollar and the Dow? This is perhaps speculation on my side, but only to a small degree.

In that regard all the elements are taking turns for the comical. When we see in addition Tony Blair making the quote “for as long as it takes to get an idea of how the other side looks”, I wonder how long parliament reconvened and started re-elections when the UK had WW1 and WW2 to consider. It seems that the players who were not ready to believe the danger that an irresponsible EU had been bringing that the people have had enough and now they are all reconvening for the friends they have in the banks, their friends in big business. As I see it, a wave of people panicking, all in fear of losing the Status Quo, a clear fear that was given in many occasions and the strongest by Mark Carney, Governor of the Bank of England in his presentation to the House of Lords. Too many people complacent on the Status Quo, relying on people not wanting change, now all screaming bloody murder!

That is not the scenario we can afford and it is one that many in the financial industry are hoping for, because the EU cannot be drained as much and it will stop soon thereafter when the EU buckles. A scenario, with Frexit on the horizon that might not be avoided.

Yet there is another item to link here. It is shown in the article discussing the departure of Nigel Farage (at http://www.theguardian.com/politics/commentisfree/2016/jul/04/the-guardian-view-on-nigel-farages-resignation-an-unserious-man-but-a-serious-party), you see the quote given in there is “Yet they never once said what leaving would actually look like. They mocked anyone who expressed concerns“, yes, that is true, mainly because nobody had a clue what would be the result. The presentation at the House of Lords by Mark Carney already implied it. There was no way of knowing and it had never been done before. Yet in all of that the UK stood in a better place than France will be. The UK had remained with the Pound, so this sterling currency has the ability to bounce back fast and remain sterling in more than one way. The article than starts to rely on what I regard to be intentional miscommunication. An opinion article devoid of identity, an editorial, so can we state now that it is Katharine Viner who is now intentionally misdirecting the audience? You see the quote “After 23 June it can no longer parrot the old cry that everything will be better if we are out of Europe. We are out of Europe. So what does Ukip stand for now?“, You see, there is still a likely truth that leaving the EU will hold better results down the line for the UK, but not immediate, that was ALWAYS a given! And the UK is not ‘out of Europe’, it is now merely in the process of seceding from the EU, which is another matter entirely. This path will take time and there are unknowns. It is likely that if played right the UKIP could grow massively, but that requires Nigel’s A-game, a part he is not playing and perhaps his knowledge on how to play an A-game is equally a mystery to him, I do not know.

What I do know is that the Guardian identity less is equally contemptible as they make Nigel Farage out to be, or Boris Johnson for that matter. What is interesting is the quote at the very end, there is a ring of truth in there, but not one the ‘editorial’ is trying to imbue. The quote “If the next Ukip leader possesses the seriousness that Mr Farage ultimately lacked, the consequences could be profound and deeply worrying“, why is that?

You see, nationalism is often treated as a dirty word, but is that true? You see one issue the EU pushed was some open border policy hoping that a blending of cultures would all make it one grey, one shade of ‘whatever’, large corporations were banking on it as they pushed debts through every European nation through political representation. Yet, the UK is and should be a proud nation, sometimes proud for the wrong reasons or in the wrong light of day, but it has a genuine right to pride, as does France, Germany and Italy. The people behind the screens forgot about that and the pushback is massive in all 4 nations. Frexit could be next. The NY Times is saying it won’t be so (at http://www.nytimes.com/2016/07/04/opinion/why-frexit-wont-happen.html), didn’t they state the same about Brexit? You see, I am not certain it will happen, but it is a lot more realistic than Brexit was. The French population that has had enough of the EU has surpassed 61%, making it a strong majority at present. That is only the population of France, the power players are now in a direct confrontation with Germany. Any talks between France and Germany have been problematic to say the least in the past, but that was with the UK as a stabilising element, without the UK those two will come to blow sooner rather than later and Italy could be the wildcard here too. Unless it finds levels of stability the EU talks will take an interesting dimension soon enough.

There is one element that makes the NY Times the punching hammer to take notice of. The quote “Now comes the naked truth: For the past 10 years, the European Union has failed to deliver on the main objective it was set up to achieve: shielding its citizens from insecurity. Over the past few days, European leaders, in a state of shock, have hastily identified three priorities on which to focus if they want to save their union: security, migration and economic growth“, it is part of the issues that drove Brexit. Not immigration, not racism, but the realisation that the EU is not delivering, whilst its ECB is stimulating national governmental debts by spending trillions. With ‘investors’ looking towards Mario Draghi on opening new stimulus packages, we all need to wonder why is allowed to take this path. It appears that banks are back in risk taking mode, the ECB is ready to spend another trillion (exact amount is actually not known), yet no one is asking the questions that need to be asked, the reason that got us to Brexit and will soon push forward Frexit stronger and stronger. The mere inability to properly budget within governments and Mario Draghi playing ‘Spending Clause’ in July should worry the population of the EU at large.

The Guardian editorial decided not to take any of that on board, mainly because bashing Farage is still the easiest job to do and the last thing they want is to illuminate that democracy is not set to the most votes, it is set to who has the most influential income to push the votes of others, which was never any form of democracy, not in my book at least.

 

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Another banking issue

People might have read a previous blog where I discussed the issues involving LIBOR and a resolution donation of over half a billion dollars of fines by the Royal Bank of Scotland.

Today’s article by Jill Treanor of the guardian at “http://www.guardian.co.uk/business/2013/may/01/vince-cable-rbs-prosecutions” gives notice of issues at play. Moreover, these issues have been at play for some time now and there is clear need for answers on several levels. The article mentions the issues as quoted: ‘Scotland’s Crown Office and Procurator Fiscal Service have been reviewing whether a case can be brought against any former directors since January 2012‘.
So, it seems that this investigation has been going on for 15 months. A letter was written to Lord Wallace in this matter. My question would be the why it is taking his Lordship the Advocate General of Scotland this long?

There is no doubt in my mind that it is a complex issue, yet overall, when it comes to banking issues, too often the public perceives this as the ‘out of sight, out of mind ploy’. The fact that this is the second bank involved in the LIBOR scandal and the fact that the fines are currently sailing close to 1 billion pounds in the UK alone, visibility should not wane for years to come.

This is not (just) about LIBOR. This entire issue is about the investigation into the directors who were in office at the time of the 2008 bailout. So, this is about a case 5 years old and this case seems to have only started in 2012 and now 15 months later there is still no final answer. This is interesting as the UK has the Limitation Act 1980. This statute has different limitations for different crimes, yet many of them is set at 6 years. This means that if defence can twist it that these crimes would fall under one of those statutes then prosecution has a lot less than 1 year left to take a stance and get started. The fact that these issues are still not for prosecution with the CPS are an additional matter of question.

If we look at the Limitation act and we consider this to be a tort, then Part 1, section 2 states: “2. An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued. (Time limit for actions founded on tort)“.

The same time limit applies to actions founded on simple contract. The interesting question becomes where these issues are founded on. Is mismanagement a wrongful act, and there for a Tort? Are these wrongful actions and forms of mismanagement breach of contract?

Yet, we should not despair. There is a wise addition in this act that is stated in section 32 of that same act, which deals with ‘Fraud, concealment and mistake‘. Hip, hip, hurrah!
There it states “the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.

So we might have a little more time left. Yet, we should not…. how is that expression again? ‘Dilly dally’. Yes, that was it. My grandmother told me that more than once. So we should not dilly dally to find the answers whether we have a case against those directors, lest we forgot that time ran out.

So you see, I am not convicting them, but I do want to see a case brought to trial where they can either be convicted, or where they can submit evidence that would exonerate them. Either will be the case, yet no case means there will not be any answers forthcoming. This would be interestingly unfair as that bank gave the taxpayer an additional cost of 45 BILLION pounds to the taxpayer. If you are from the UK and reading this then you should ask yourself. Did you make your GBP 666 donation to the save the Royal Bank of Scotland funds? Will you? If not then we should figure out what happened and get this to trial. Considering that the UK has a 1 trillion dollar deficit, then the added debt is costing its citizens GBP 225 million each year in interests. That is almost 3.5 pounds per citizen each year just to keep that part of the debt on par.

So yes, it is interesting to read the article by Jill Treanor. It is also interesting that she was not the only one to mention it; similar articles could be read in the independent, the Telegraph and on the website of the BBC. It seems to me that this is not some political ploy as both MP Vince Cable (Twickenham) and Lord Wallace (Shetland) both seem to be Liberal Democrats, unless Mr Cable prefers Shetland over Twickenham.

The Guardian refers to the report of April on Banking Standards. The report was described to be enthusiastically damning. In another fine piece of writing by Jill Treanor at: “http://www.guardian.co.uk/business/2013/apr/04/bankers-brought-down-hbos” is one sentence that I found ….hmmm, ‘hilarious’ just does not describe that sinking feeling in me. The sentence was “Under pressure from parliament Goodwin’s pension was halved to £340,000“. Are you guys for flipping real? My total pension will never even come close to that amount as a total sum. If there was ever a case of evidence that incompetence pays, then that would be the evidence at hand.

This gives way to a quote in a book by Robert L. Bradley it states: “The businessman who refuses to acknowledge, despite clear evidence, that his facilities are out-dated, his product uncompetitive and his cash flow inadequate, is dishonest just as the one who makes fraudulent claims to the customers is dishonest. Both are trying, at the deepest level, to fake reality.” (Bradley,‘Capitalism at Work: Business, Government, and Energy’,2009,p.66).

I think with this quote he hits the nail on the head for a truckload of cases. He also shows a graphical  bar of difference between incompetence and prosecutable fraud, whilst showing unethical behaviour and Philosophic fraud somewhere on the trajectory. This book is actually quite the little gem where they look at more than just ENRON and a few other devious little greed seekers. It even takes time to discuss the UK and ‘the Coal panic’ of 1865. So keep this book in mind please, it is a diamond in its own right.

So even though we get into the ‘Cloak and Kegger’ mindset that it is not a crime to be incompetent, then there is still the need to assure ourselves of a situation where those people do not run places like banks and corporate enterprises. Financial Services Authority (FSA) was supposed to have handled issues and cases, yet the Parliamentary Commission on Banking Standards seems to show a lack of actions on several levels. That committee on their web page reflected “The regulators also have a lot of explaining to do when it comes to their role earlier in the HBOS debacle. From 2004 up until the latter part of 2007, the FSA was ‘not so much the dog that did not bark as the dog barking up the wrong tree’

From my view I wonder whether the regulator realised they were indeed the fore mentioned dog, whether they realised what a tree was and whether it ended up eating a bone instead.

The commission report which can be read at: “http://www.publications.parliament.uk/pa/jt201213/jtselect/jtpcbs/144/144.pdf” leaves us with another question that requires serious visible pondering by the press on several levels too. If we consider the issues of HBOS (20 billion) and RBS (45 billion) and the consequent fines that followed over the timeline until now then there are serious questions on those getting an income from the Financial Services Authority (FSA). Here comes the kicker! “and was funded entirely by fees charged to the financial services industry.” So basically we have a group that was not biting the hand that feeds them. How was this ever a good idea?

As per April 1st (no joke) its responsibilities have been split between two new agencies, the Prudential Regulation Authority, the Financial Conduct Authority at the Bank of England.

If we see what has happened here on several levels, it seems to me that self-regulation has failed on a massive scale. Both the Banking and Press industry seems to have scuttled justice, fairness and ethics on many levels and at many places. The question is not how they can restore their integrity; the question should be ‘Why are they presently allowed a place on the negotiation table in the first place?’

This brings me back to the bars as displayed by Robert L. Bradley. In my mind the distance between incompetence and prosecutable Fraud needs to be a lot smaller then I am currently comfortable with and the buffer called Unethical behaviour is a buffer zone that should be nothing more than a mere hairline. From those parts I wonder why massive visible and noisy steps have not yet taken place to remove options of self-regulation in several places at present.

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