Category Archives: Reward for failure
Is good governance possible as wealthy donors fund British politicians?
Electoral Commission figures to be released on Thursday will show that Labour is to receive a £5mn financial boost from Gary Lubner, the former boss of Autoglass, a car glass repair company, to help it to fight the next election.
He gave £500,000 to Labour in the first quarter of 2023, on top of £200,000 in previous donations, making him one of Labour’s biggest individual donors in this parliament. Longstanding supporter Lord Sainsbury recently gave the party £2mn.
Mr Lubner (right) told the Financial Times he wanted to give Labour leader Sir Keir Starmer financial help to put the party in power “for a long time” and to build up its “capacity and capability” before the general election next year.
In December 2022 it was announced that Mohamed Mansour, an Egyptian-born billionaire would become senior treasurer for the UK Conservative Party. Through his UK based company, Unatrac, he recently donated £5mn to the ruling Conservatives. In February 2023, Mansour agreed to pay over £3million in tax following an investigation into Unatrac by HM Revenue and Customs.
This website was set up fourteen years ago to raise awareness of the ‘revolving door’, rewards for failure and widespread behind-the-scene lobbying. Frequent media exposures have failed to guide our two largest political parties away from these practices.
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Government gives KPMG contracts worth millions, despite its repeated fines for serious misconduct and audit failures
Yesterday the FT reported that one of the ‘Big Four’ accountants, KPMG, whose conduct is still under review by the Cabinet office, has been awarded millions of pounds of UK government contracts – even though in December last year it had pledged to stop bidding temporarily for public sector work after it was threatened with a ban over its involvement in a series of corporate scandals.
It has form
In 2013 seven senior members of the FRC scheduled to investigate KPMG’s role in the collapse of lender HBOS, were current or former employees of KPMG itself (left). Four years later, KPMG featured in another ‘revolving door’ charge when Mark Britnell, a former director-general of commissioning at the Department of Health who became global head of healthcare at KPMG, which bids for government health contracts.
A 2018 report from Professor Prem Sikka, Professor of Accounting at University of Sheffield, recorded that Her Majesty’s Revenue and Customs (HMRC) had refused to assist the French authorities and raid Lycamobile’s UK premises (Economia has now broken this link) in order to investigate suspected money laundering and tax fraud.
Following an initial denial (left, Financial Times), Economia (another broken link) confirmed that in an official response to the French government dated 30 March 2017, a HMRC official noted that Lycamobile is “a large multinational company” with “vast assets at their disposal” and would be “extremely unlikely to agree to having their premises searched”.
The letter from HMRC to the French government added, “It is of note that they are the biggest corporate donor to the Conservative party led by Prime Minister Theresa May and donated 1.25m Euros to the Prince Charles Trust in 2012”.
With reference to KPMG’s auditing of Carillion, the Independent reported that Peter Kyle, MP for Hove, said that he wouldn’t trust KPMG to conduct an audit of the contents of his fridge.
In 2019 the Financial Times reported that though KPMG’s auditing of Carillion since 1999 has been under investigation by the Financial Reporting Council (FRC), the value of new UK public sector contracts awarded to KPMG increased more than fourfold last year. (opposite: Daily Mail graphic).
An official of the government’s Insolvency Service is now suing KPMG for £1.3bn
The charges include failure “to remain independent from Carillion’s management” as audit partner Peter Meehan “repeatedly accepted hospitality from and offered hospitality to Carillion and its senior management” and “failed to respect the proper boundaries of the auditor-client relationship”(FT Feb. 2022).
The Financial Reporting Council (FRC), a body set up by government, the UK’s accounting and auditing regulator, is funded by the Institute of Chartered Accountants in England and Wales (ICAEW), to carry out investigations into allegations of members’ malpractice or inefficiency.
In August last year, CityAM reported that FRC’s independent tribunal found that KPMG and one of its partners did not comply with the UK professional accounting principles in June, while advising on the sale of Silentnight to US private equity firm HIG Capital through a pre-pack administration in 2011.
The ICAEW – a body that aims to maintain the highest standards of professional competency and conduct – profits from members’ fines arising from those investigations started before 2016
Professor Prem Sikka raised the KPMG/Silentnight and the ICAEW episode in the Lords, pointing out that the £13 million fine for KPMG would not be paid to the members of the Silentnight pension scheme, who had lost some of their pension rights, but to the coffers of the Institute of Chartered Accountants in England and Wales.
He stressed that recognised professional bodies—must not benefit from the misconduct of their members, commenting: “In fact, they should be in the dock for authorising those members. What kind of supervision do they actually carry out?”
When considering reform of the Big Four, Lord Sikka (left) points out that there are constituencies wider than investor groups and City interests. His long-standing concern has been the relative neglect of those stakeholders.
He wonders if ICAEW’s management have ever met people who have lost their pensions, jobs, savings, homes due to poor accounting and auditing.
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Information technology: fragile, costly and unreliable
TechRadar summarises: dependence on IT has become ingrained, with most lines of business, from finance to marketing, being unable to function without their core IT systems. Its research indicates that a single major technology failure can cost a business as much as £6.9 million”
A Financial Times article recalls the judge who has called the Post Office’s insistence that the software was infallible “the 21st-century equivalent of maintaining that the Earth is flat”.
“Technology failures are becoming increasingly common, with high-profile cases in the news on a regular basis. Companies are fire-fighting problems on a daily or weekly basis and haemorrhaging money while damaging the long-term health of their organisation in the process.
“There is an average of 25 full-scale outages that take down a global site every day, which means that even if a business is doing everything right from their end, they can still suffer downtime and loss of sales due to problems with third-party services”.
Frequent technology outages remind us of the fragile nature of modern infrastructure
TechHQ reports that financial services provider Allianz Group found that business interruptions and cyber incidents such as IT failures, outages, and data breaches were the two leading global business risks for 2019.
A study of technical outages at UK banks found that daily IT failures were common across the six leading banks, with one major incident occurring every two weeks.
It recalls the IT outage suffered by UK’s Ministry of Justice (MoJ) that derailed critical IT systems like the Crown Prosecution Service, the Criminal Justice Secure Email system (CJSM), and the court hearing information recording system for an entire week. Legal professionals in the UK were unable to access either the court Wi-Fi system or email services from the MoJ. The outage affected hundreds of MoJ websites, preventing jurors from enrolling and delaying hearings for minor offenses by more than two weeks.
The scandal of the subpostmasters’ experience (see this post ) has drawn attention to the errors.
Marina Hyde (right) deplores the deference paid to IT even when its errors are exposed, citing two fatal errors:
⦁In 2015, in one three-year period, 2,380 sick and disabled people died shortly after being declared “fit for work” by a computerised test and having their sickness benefits withdrawn.
⦁ Social media algorithms have published content which has contributed to teenage children committing suicide.
⦁ TechRadar adds new 737 Max Boeing plane, Lion Air Flight 510, crashed shortly after takeoff. Then another did the same. Everyone aboard died. In each case, pilots had struggled against an autopilot system that took over and plunged the planes to their doom.
⦁ ExoPlatform reports that on March 13, 2015, the Paderborn Baskets, a second division German basketball team, was relegated to a lower division for starting a game late, due to a necessary 17-minute Windows update to the scoreboard’s laptop.
⦁ In late 2007, Queensland selected IBM Australia to set up a new payroll system for the 80,000 employees of Queensland Health (QH). The system did not go live until late 2010, with major defects and an additional cost of nearly $25 million. QH had to hire another 1,000 employees to undertake the payroll manually, adding $1.15 billion over eight years.
⦁ JAMIA (health & medicine) problems with health information technology are affecting care delivery and patient outcomes. Problems with IT can increase the likelihood of new, often unforeseen, errors that affect the safety and quality of clinical care and may lead to patient harm
⦁ A study of technical outages at UK banks found that daily IT failures were common across the six leading banks, with one major incident occurring every two weeks.
⦁ Software glitches are putting thousands of people at risk of paying hundreds of pounds too much tax next year, as programmers struggle to cope with an increasingly complex tax system.
⦁ HMRC are allocating funds to urgently address issues with ageing IT technology. (See parliamentary committee on HMRC’s problems with Concentrix)
⦁ HMRC pushes ahead with digital tax drive, even as it admits data security failures (Telegraph).
And the Public Accounts Committee finds that “The most concerning of all for contractors is that what HMRC actually charges is WRONG. It collects more than is due”. TechRadar sums up: “When the technology underpinning these services goes wrong, the impact on consumers and businesses alike can be catastrophic”.
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Secret State 26: Monbiot, “Why isn’t this scandal all over the front pages?”
Transparency International republished a Devex article (7th July) which opens: “Substandard ventilators, grossly overpriced equipment, lucrative contracts awarded to companies with little or no expertise — these are just a few of the disturbingly commonplace things we have seen during the COVID-19 pandemic in countries ranging from the U.K. and U.S. to Brazil and Slovenia”. Monbiot’s latest article, summarised here, focusses on the issue of transparent, competitive tendering, “a crucial defence against cronyism and corruption, essential to integrity in public life and public trust in politics”. He points out that, during the pandemic, the government has awarded contracts worth billions of pounds for equipment on which lives depend, without competition or transparency. One contract to test the effectiveness of the government’s coronavirus messaging worth £840,000 was awarded without competitive tendering. It was issued by the Cabinet Office, run by Michael Gove, to a company called Public First, owned by James Frayne and Rachel Wolf who worked with Michael Gove when he was education minister and with other Conservative government ministers and advisers for many years. There is a precedent: in 2010, Gove’s department awarded Wolf a £500,000 contract to promote “free schools” which also did not go to competitive tender. Though the government had six weeks to prepare for the pandemic, before the deal was done it claimed that it had to override the usual rules for public procurement because it was responding to an emergency. Monbiot debunks this defence and outlines two other problems with this contract. The FT reported that around 16,000 potential suppliers contacted a 500-person buying team set up by the Cabinet Office in March to offer to supply kit for hospital staff. Monbiot points out that some had a long track record in manufacturing or supplying PPE and had stocks that could be deployed immediately. Government decided, however, to award PestFix – a pest control company with no manufacturing experience – a £32 million contract to supply surgical gowns, again relying on the emergency defence to justify its decision. To date Pestfix has procured only half of the desperately needed gowns from a Chinese supplier. Monbiot says, “I think we may reasonably ask what the hell is going on”. The Good Law Project is doing just that. It is crowdfunding a challenge in the High Court against Michael Gove, issuing proceedings alleging breaches of procurement law and apparent bias in the grant of these contracts to his long-standing associates.
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Attorney General tells ‘turkeys’ that Christmas is coming
Shocked by the unbridled tone of the Attorney General in the Commons today – recorded here – his fury mounting after the second minute – I searched online for information which would shed light on his character.
When practising as a barrister, Geoffrey Cox frequently led in commercial actions and arbitrations overseas, appearing in the Dubai International Finance Centre, Mauritius and the Cayman Islands. He served as MP for Torridge and West Devon from 2005-15.
- In September 2014, it was reported that Cox was one of a number of individuals investing in the Phoenix Film Partners LLC scheme run by Ingenious PLC which HM Revenue and Customs(HMRC) had alleged to be a tax avoidance
- In 2016, at that time Britain’s highest-paid MP, it was reported he had a number of office expense claims for items, such as a 49p pint of milk, rejected by the Commons authorities.
- In January 2016, Cox, a landlord, backed the Conservative Government in voting down an amendment in Parliament on rental homes being “fit for human habitation”.
- He was a member of parliament’s Committee on Standards and the Committee on Privileges, ‘the sleaze watchdog’ but was the subject of an inquiry in 2016 after ‘neglecting to register more than £400,000 of outside earnings.
In February 2016, Cox announced in the House of Commons that he supported the case for leaving the EU and would campaign and vote to do so in the forthcoming referendum.
He was appointed to the Cabinet as Attorney General for England and Wales and Advocate General for Northern Ireland by Theresa May in 2018 and, in February 2019, was put in charge of negotiating changes to the Northern Ireland backstop in the EU withdrawal agreement.
On 24 September 2019, minutes of a conference call seen by Sky News revealed that Cox had advised the government that the prorogation was lawful and constitutional and that any accusations of unlawfulness “were motivated by political considerations”.
On the same day, the Supreme Court of the United Kingdom ruled unanimously that Prime Minister Boris Johnson’s prorogation of parliament – as advised by Attorney General Cox – was unlawful.
The reasons for his astonishing parliamentary outburst can now be understood.
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Shining a spotlight on four government agencies: an educational psychologist, a cook, a farmer and an accountant
The relatively powerless are harassed: corporates survive censure unscathed
OFSTED had not inspected more than 1,600 schools that were judged “outstanding” by it for at least six years – and of those, almost 300 had not seen an Ofsted inspector for at least 10 years, according to a report by the National Audit Office – see chart on page 27 of the report.
The case of Waltham Holy Cross is ongoing. Last year the government decreed that Waltham Holy Cross would be handed over to Net, a chain of academy schools in May. As the NAO records, this has already happened to over 7,000 other state schools in England since 2010: public assets built and maintained by generations of taxpayers are being given away. Waltham Holy Cross parents made almost 100 freedom of information requests which revealed errors in the draft Ofsted report and that Net was being sounded out on “their appetite to take on this school” in January, over a month before the Ofsted verdict was published. News of teachers and parents there – and in other parts of the country taking action to prevent this ‘forced academisation’ may be read here.
In an article in the Times Educational Supplement (TES), head teacher Geoff Barton, the general secretary of the Association of School and College Leaders, said “Ofsted and the government are the source of much of the stress and anxiety on staff through an extremely high-pressure accountability system and concluded ‘the accounts above reveal an inspection system that appears in too many cases to be doing great damage. My sense is that it’s time to stop quietly accepting that the way Ofsted is, is the way Ofsted should be”.
This month. four years later, TES readers discussed overhauling Ofsted, a ‘toxic’ system. One letter, whose signatories included Dr Richard House, chartered psychologist, former senior lecturer in education studies, Dr Rowan Williams, former Archbishop of Canterbury and Sir Tim Brighouse, former schools commissioner for London, was provoked by a recommendation by Ofsted head Amanda Spielman to shut down what she labelled as “failing Steiner schools”. The signatories are founding a campaign to bring about the replacement of Ofsted with a new inspectorate that is ‘empowering, collaborative, and understanding and respectful of pedagogical difference’.
Unthinking adherence to FOOD STANDARDS AGENCY bureaucracy led to the unjust downgrading of a new small business, damagingly reported in local paper
As the public perception is that businesses with a one rating will give customers food poisoning, a cook-manager has criticised the food hygiene inspection system after her business was given a one rating out of five – though hygiene and food storage was rated highly.
At a (requested) pre-opening inspection by the council in March 2018, no reference had been made to the need for a staff manual and staff training procedures but this ‘one-person’ operation was ‘put on a warning’ for not having a staff training manual – though no staff was employed – and was told that a tick paper exercise (officially a ‘documented food safety management system’) is required for all aspects of work.
The work required to maintain cleanliness and produce wholesome food appeared to be discounted and a paper exercise – easily forged – was prioritised. The District Council inspectors were unhelpfully applying the rules of The Food Standards Agency, a non-ministerial government department, to the letter and not the spirit of those regulations.
Solution found and accepted: a whiteboard was put up in the workplace, a photo taken once a week and an online manual was printed.
On several farms which had passed inspections by the ASSURED FOODS STANDARD (Red Tractor) agency in July 2018 serious cases of animal abuses were reported in the media.
A farmer recently wrote an article in the Western Daily Press foreseeing the advent of similar tick-box regulations:
“What I have been pulled up on is the fact that I do not keep written mobility and condition records. These are not yet enforceable under the scheme – but I have reason to suspect they soon may be.
“The only thing that will be achieved by keeping written records will be the creation of more work for the assessor; more forms for him to sit down and read through and check; one more task to help fill his required nine-to-five working day.
“And let’s suppose I decided to cook up a completely bogus set of records. How would he even know?
“When the Red Tractor scheme was launched the president of the NFU (under whose wing it actually operates) was Ben Gill who told us all how vital it was going to be in supplying the nation with safe, wholesome food which consumers could buy with confidence while, equally, bringing more prosperous times for farmers.
“What I see now is an organisation riddled with pointless bureaucracy (I understand another tier of inspectors is in place to check on the assessors).
“I see, equally, an organisation which appears to operate dual standards: one for the soft-target, small producers like me and another for the industrial giants such as Moy Park, over whose portals the Red Tractor flag proudly flies but where recent footage captured undercover at Moy Park showed stinking, squalid poultry houses where chickens will be lucky to survive their miserably short allotted span”. He ended with two pertinent questions:
- if Assured Foods was aware of conditions at this plant why did it not intervene?
- And if it wasn’t aware, why not?
The FINANCIAL REPORTING COUNCIL, the UK’s accounting and auditing regulator, is regrettably funded by the audit profession and its board of directors is appointed by the Secretary of State for Business, Energy and Industrial Strategy.
Its monitoring of out-sourcing firms such as Capita and G4s in several sectors, including health, social, military and prison services has not led to effective disciplinary procedures – in fact they continue to receive lucrative government. The Financial Times reported yesterday that though its auditing of Carillion since 1999 is under investigation by the Financial Reporting Council, the value of new UK public sector contracts awarded to KPMG increased more than fourfold last year. In 2013 seven senior members of the FRC scheduled to investigate KPMG’s role in the collapse of lender HBOS, were current or former employees of KPMG itself.
Prem Sikka, professor of accounting at the University of Sheffield, has posted almost 400 FRC entries on the AABA website (now well hidden by search engines). A recent article adds news of another appointment: Revolving Doors: FRC appoint new member to the Audit and Assurance Council – former PwC and Royal Bank of Scotland exec .
Professor Sikka has said he is worried that the government is rewarding these firms with valuable contracts when they have been undermining the public purse through their involvement in several tax avoidance scandals (FT: 29.7.19).
The ‘soft targets’ are harassed: corporates survive censure unscathed
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