Monthly Archives: December 2009

The Westminster blog is taking a break over Christmas and the new year and will return the week of January 4.

Happy holidays.

Jim Pickard

Announcement today from the SEC:

Bear in mind that Michael Spencer, chief executive of ICAP, is treasurer of the Conservative party:

SEC CHARGES U.S. SUBSIDIARY OF WORLD’S LARGEST INTER-DEALER BROKER FOR DISPLAYING FICTITIOUS TRADES AND MISLEADING CUSTOMERS

ICAP Securities USA LLC to Pay $25 Million to Settle SEC Findings

Washington, D.C., Dec. 18, 2009 – The Securities and Exchange Commission today charged a U.S. subsidiary of the world’s largest inter-dealer broker, U.K.-based ICAP plc, with fraud for engaging in deceptive broking activity and making material misrepresentations to customers concerning its trading activities.

As an inter-dealer broker, ICAP Securities USA LLC (ICAP) matches buyers and sellers in over-the-counter markets for various securities, such as U.S. Treasuries and mortgage-backed securities, by posting trade information on computer screens accessed by its customers who make trading decisions based in part on such information. Inter-dealer brokers with greater trade activity on their screens often are better positioned to attract customer orders and earn more commissions than those whose screens reflect little or no trading activity.

The SEC’s enforcement action finds that ICAP, through its brokers on its U.S. Treasuries (UST) desks, displayed fictitious flash trades also known as “bird” trades on ICAP’s screens and disseminated false trade information into the marketplace in order to attract customer attention to its screens and encourage actual trading by these customers. ICAP’s customers believed the displayed fake trades to be real and relied on the phony information to make trading decisions.

ICAP agreed to settle the SEC’s charges by, among other things, paying $25 million in disgorgement and penalties. The SEC additionally charged five ICAP brokers for aiding and abetting the firm’s fraudulent conduct and two senior executives for failing reasonably to supervise the brokers. The individuals have each agreed to pay penalties to settle the SEC’s charges.

“It is essential that ICAP and other inter-dealer brokers refrain from engaging in conduct that discredits their privileged position in the marketplace,” said Lorin L. Reisner, Deputy Director of the SEC’s Division of Enforcement. “ICAP engaged in deceptive practices that violated the legal and professional standards required of market participants; our action today demonstrates zero tolerance for such conduct.”

David Cameron faces severe embarrassment. Don’t be surprised if Labour seek to weave this episode into their anti-Tory narrative, which depicts the party as being out of touch with working class families and far too close to the City.

Mr Spencer has given an estimated £200,000 to the Tory party in cash and in kind. Meanwhile BSN Capital Partners, a hedge fund which is an “associate company” of Icap, has given another £150,000.

The Tories have not yet commented yet. I first approached them about this an hour and a half ago.

Jim Pickard

It’s the big political question of the day. Would – as Labour argue – a fiscal tightening (to tackle the public deficit) put the economic recovery into doubt?

I can’t claim enough economic expertise to make either call.

But Bloomberg has put out an interesting chart today that shows how the UK economy grew during fiscal “squeezes” in both the early 1980s and mid 1990s.

The chart compares annual change in GDP in white with cyclically adjusted public sector net borrowing, a measure of the fiscal stance. Each is for the year ending March 31.

Green bars below zero indicate a tightening of the Treasury’s purse strings. Rising bars show a loosening.

“Simple models say that the more open the economy, the less impact fiscal policy has on aggregate demand,” Ben Broadbent, an economist at Goldman Sachs Group, wrote in a note on Dec. 10. “In line with this, the two other periods of fiscal tightening in the past 30 years — the early
1980s and the mid-1990s — saw quite strong economic growth.”

The obvious counter-argument, however, is that the current deficit is on a scale beyond anything seen in the last few decades in the UK. The two fiscal squeezes illustrated in the Bloomberg chart were relatively mild.

Here’s a piece Alex wrote recently on a Treasury paper setting out historic examples of how deficits had been cut in 20 other countries. Officials concluded that the most successful ones were those that were big and swift.

The Treasury paper also pointed out that economies can grow even as taxes are rising and public spending is being cut.

Jim Pickard

A Christmas card from Nick Brown, Labour chief whip, arrives through the post. No idea where he found this picture of a young Nick Clegg in fancy dress – but I thought I’d share it.

Jim Pickard

The Chris Bolt adjudication (I flagged it up yesterday) came through this morning, as my colleague Robert Wright reports. It is particularly bad news for the Tube Lines PPP consortium.

The PPP arbiter has told Tube Lines it will have to do the upgrade work on its three Underground lines for £4.4bn. That suggests a gap of £1.35bn between the figure of £5.75bn which Tube Lines insisted it needed to carry out the 7.5-year programme.

Not that the judgment is great news for Boris Johnson and TfL: They insisted that they could not pay out more than £4bn or so – creating a £400m gap which needs to be filled by either downgrading some of the Tube work or making cuts elsewhere in the transport budget.

Robert Wright writes:

If Tube Lines ends up shouldering the full £1.35bn extra, it will have to seek to borrow the money. If it cannot do so, the end result could be that LU will take control of the company. However, Tube Lines has always maintained that this is an unlikely outcome.

Jim Pickard

What was bizarre about the Hutton inquiry was the disconnect between the often sensational evidence and the ultimate “whitewash” report.

Who knows how Sir John Chilcot will jump when it comes to ordering the evidence to his inquiry into some kind of published form?

I dropped into the inquiry for three hours this afternoon (normally Alex covers it for the FT) and a few comments leapt out.

There was one point where Sir John Sawers, former political director at the Foreign Office – and now head of MI6 – claimed the government had achieved various goals set in 2003 such as a stable, united, law-abiding, co-operative, unthreatening state.

Chilcot dismissed this curtly:

“The picture that is painted in that statement of objectives is not, I think, what you would find in Iraq today.”

Interestingly, Sawers also admitted that Britain might have baulked at invading Iraq if it had known what would have happened next:

“Had we known the scale of the violence it may well have led to second thoughts about the entire project.”

The windy summing-up by Chilcot was also an indication that he may not take a favourable view of the Iraq venture.

I think we have talked a lot about potential, if not final judgements, at any rate provisional judgements about the whole six years. And I think the committee itself is extremely … aware of the casualty list, the blood. Treasure you can rebuild. Blood you can’t get back. I don’t know whether at this stage we shall come to the kind of final judgement that these last questions have raised. This may be the first draft of history. But we are conscious throughout of that cost that has been incurred by humankind. I think I’ll close with that.

Jim Pickard

The mother of all rows is brewing at London Underground over the multi-billion pound cost of upgrade work to three lines in the coming years.

It may sound esoteric: but this funding battle has the potential to bring down Tube Lines, the last surviving public-private partnership running part of the Tube. (Metronet collapsed in 2007). The dispute is over the cost of upgrading the Jubilee, Northern and Piccadilly Lines for the next seven and a half years of the 30-year PPP.

London Underground believes the work – from next July onwards – should cost little more than £4bn. Tube Lines (a consortium of Ferrovial and Bechtel) says it needs to spend £5.8bn (less than its original £6.8bn estimate).

At 7am on Thursday morning we’ll hear the (interim*) independent ruling by Chris Bolt, the PPP arbiter, on an appropriate figure.

I’m told that the number won’t please either side; that suggests to me that it could be around the £5bn mark.

LU will claim that the funding gap should be picked up by Tube Lines under the terms of the PPP deal. “We’re not contemplating cuts to transport services in London,” insists a spokesman. Tube Lines is meanwhile likely to argue that the excess should be financed by LU.

The problem is how either side raises the money in the current financial climate. TfL has to operate under a “prudential borrowing regime” – meaning it has to demonstrate that its borrowings are prudent and can be repaid. Passenger numbers have not been rising as fast as once anticipated.

Tube Lines, meanwhile, is already on “negative watch” from Standard & Poor’s (as of November 20th), partly because of over-runs on its current upgrade of the Jubilee line. If it can’t raise more money in the bond markets, its partners are not thought likely to want to sink any more equity.

Bolt is expected to argue that it’s almost academic where the money comes from: that is, whether it comes from the consortium or LU, any new borrowings still have to be serviced by future Tube earnings.

The only feasible alternative is to agree a reduced programme of work.

It’s a hugely tricky impasse. I’ll update this blog tomorrow with more details.

* The final ruling is probably in late April

Jim Pickard

I wrote this afternoon about concerns over the Tory amendment designed to force all peers and MPs to pay tax in the UK. Labour had spotted that the phrasing of the amendment – any UK legislator had to be “domiciled and ordinarily resident in the UK” – could be used as a loophole (something the Tories denied vehemently).

How come the wording stopped short of Philip Hammond’s claim yesterday that all legislators “would have to be resident, ordinarily resident and domiciled”?

Was it cock-up or conspiracy?

The Tories claimed that they went for their choice of phrase because they believed it was the widest possible term. In fact, I’m told by tax expert Mike Warburton, those who are ordinarily resident (but not resident) can escape tax on income and savings from abroad.

Now they have executed a prompt volte-face and are going to put down a new amendment tomorrow. It will embrace Hammond’s choice of words.

Jack Straw, justice secretary, is busy making hay:

“If ever evidence were needed that the Conservatives are all talk and no substance, this is it. It is deeply embarassing not to say inept that they couldn’t even draft a simple amendment which made sense.”

Harriet Harman is stepping in for Gordon Brown during today’s PMQs. I’m told that Downing Street advisers are already scripting various barbs for Ms Harman to goad her opposite number over Lord Ashcroft – who is still refusing to talk in public about his tax status.

Today’s NAO report is yet another reminder of the dismal state of the defence equipment budget. The graph below sets out how bad the situation is until 2020. The best case scenario is a £6bn budget shortfall — and that is based on some quite rosy assumptions.

The MoD buys kit, which often takes a decade or more to deliver, on the basis that their cash budget will rise by 2.7 per cent a year. In good times that would be acceptable (although you have to wonder why they think the Bank of England will overshoot its inflation target by 0.2 per cent). But in these straightened times, that seems dangerously optimistic. If the budget is frozen (the blue line in the graph) the gap in the 10 year budget rises to an eye-watering £36bn.

Now imagine the worst case scenario, where the MoD budget is cut in line with other departments in Whitehall that have not been protected. A 2.7 per cent a year real terms cut would put the budget deficit at more than £60bn, which basically would mean the department could only afford half the kit it is committed to buy.

One last point on the NAO report, which was brutally frank about the unaffordable budget. Just remember that the new head of the public spending watchdog is of course Amyas Morse, the former commercial director at the MoD. He was part of the machine that endorsed the decisions that exacerbated the long term problems. Does he have scores to settle from his time at the MoD? I don’t know. But most people tend to leave this troubled department bearing scars.

Jim Pickard

Stephen Carter, former chief executive of PR firm Brunswick, famously lasted just eight months in the bunker-like pressure cooker that is 10 Downing Street. Hired at the start of 2008 (as head of communications and strategy) he had gone before the year was out. Instead he was relocated to become, as Lord Carter, “communications minister” in the Lords.

Interestingly, I’m told that Gordon Brown then turned elsewhere for a direct replacement: DJ Collins, head of corporate communications (Europe) for Google, the internet search engine. David-John was not necessarily an obvious choice, having been a speech writer for Tony Blair and also a close ally of David Miliband. But the former AEEU communications officer is very well-regarded in Labour circles.

He turned it down, apparently, so as to continue spending time with his young family.

I can’t pretend it’s news that Collins was unsuccessfully approached by Number 10 – Simon Walters mentioned this en passant a few weeks ago. But I don’t think it was common knowledge that he was tapped up for the old Carter job.

In the end there was never a direct replacement for Carter; although you could argue that “strategy” and “communications” are both specialities of Lord Mandelson, who spends much of his typical working day at number 10.

Jim Pickard

Gordon Brown was meant to be going out to the Copenhagen talks for Thursday and Friday next week. Now I’m told he has changed his schedule to arrive at least a day earlier – perhaps even on the Tuesday.

Apparently the idea is to do some behind-the-scenes persuasion to get some of the more recalcitrant countries to sign up to the deal.

I revealed earlier this year that Brown would be the first national leader to announce he was attending in person. There is no doubt he’s putting considerable political capital into the talks.

Jim Pickard

The Guardian has splashed this morning on a story that Darling wanted to impose a VAT rise above 17.5 per cent in the PBR but was prevented from doing so by the prime minister. Instead the Treasury agreed to increase National Insurance; in 2011.

The story has been cast as part of a wider dispute over how fast to cut the UK deficit.

My understanding is that Darling was keen to put VAT up by one or two percentage points – although not as high as 20 per cent. (Although I’m told the debate was settled a couple of weeks ago).

Lifting the levy to 19 per cent would have raised about £5.7bn a year (on the basis that VAT revenue forecasts for this financial year is £67bn.) As such, the rise would have gathered nearly double the 0.5 per cent increase in National Insurance, which is expected to bring in about £3bn a year.

What is not clear, however, is the timing. In theory the VAT increase could have happened next month, making an immediate dent on the deficit. The NI increase is still 16 months away.

What would make the story more interesting is to know whether Darling would have put up the VAT straight away or not. If he was going to wait until early 2011 it’s harder to present this as such a big difference of opinion.

Westminster blog

on the UK political scene

About this blog Blog guide
Jim Pickard and Kiran Stacey, FT Westminster correspondents, share the latest news and analysis on the UK's political scene.

Follow the latest news on the UK politics and policy.

To comment, please register for free with FT.com and read our policy on submitting comments.

All posts are published in UK time.

Contact the Westminster blog team: Jim Pickard, Kiran Stacey, Nicholas Timmins, Elizabeth Rigby and Helen Warrell.

The illustrations of Jim and Kiran are by Nick Hardcastle.

See the full list of FT blogs.

The authors

Jim Pickard joined the lobby team in January 2008. He has been at the Financial Times since 1999 as a regional correspondent, assistant UK news editor and property correspondent.

Kiran Stacey is an FT political correspondent, having joined the lobby in 2011. He started at the FT as a graduate trainee in 2008, working on desks including UK companies and US equity markets before taking over the FT's Energy Source blog.

Contributors

Elizabeth Rigby, the FT's chief political correspondent, joined the lobby team in September 2010. Elizabeth has worked at the FT for more than a decade and was most recently its consumer industries editor.

Helen Warrell is the FT's UK reporter, covering home affairs, crime and policing. She joined the FT in 2008 and has spent time as a reporter in the Brussels bureau and more recently, editing the paper's Asia coverage on the world news desk.

Archive

« Nov Jan »December 2009
M T W T F S S
 123456
78910111213
14151617181920
21222324252627
28293031