Official Report 347KB pdf
Welcome to the seventh meeting in 2010 of the Economy, Energy and Tourism Committee. We have apologies from Gavin Brown, who is feeling unwell, so we wish him a speedy recovery. I hope that he has not been made unwell by the prospect of our second item of business this morning. Our main item of business is the final oral evidence session in our banking and financial services inquiry. Following that, we will move into private session to start our consideration of our report on that issue.
Are we talking about liquidity that is based on real assets or—
I will ask a bit more about your business. You mentioned in your introduction that 75 per cent of your clients are from overseas. Why is your focus on overseas clients? From where do those clients largely come?
I note from the information that we have that roughly 18 per cent of your business is in public sector pension funds. Are those funds largely UK based? How much of that is from Scotland’s public sector?
From your experience, have Scottish public authorities given enough opportunities to Scotland-based investment management companies to manage their funds?
I think that we have covered restructuring.
The key message for individuals is that they need to provide for the long term. In the good old days when everybody had a pension scheme that was provided by their company or some state organisation such as a local authority, providing for the long term was not an issue because it was baked in with an employee’s salary package. That is increasingly no longer the case, but the penny has not quite dropped for people in this country. The time to make such provision is when you are young, but young people do not think about it. If I said to my 22-year-old son that he should really start saving for his pension, he would look at me as if I was a complete lunatic.
I will begin with a couple of questions on corporate governance. Our equivalent committee in the UK Parliament—the Treasury Select Committee—has described institutional investors as “supine and ineffective”. Do you share that view?
What were Martin Currie’s profits in 2007 and 2008? I know that we do not have final results for 2009.
I am surprised that you should quote that because I have been chief executive since 2002 and I have always said that we would not move our tax domicile. We have a Bermudan holding company not for tax reasons but because we have US investors who have invested in our company. For various reasons it made sense to have a holding company based in Bermuda. We have no plans to move our tax domicile.
You are much better informed than I am, because I cannot remember what you are referring to. I do not think that we made a loss in 2003. In fact, we did not; we made a profit in 2003. I am happy to send you our report and accounts to confirm that.
In 2009?
Yes.
In recent years.
No, it is not, but the other thing that you need to take into account if you are looking in so much detail at Martin Currie is that it is owned by its employees. External parties own 25 per cent of the shares, but every person in Martin Currie, including the ladies on reception, is a shareholder in the company and we have a rule that no individual is allowed to own more than 7 per cent of the company. We are in a completely different situation from the banks because their shareholdings and bonus payments are divorced from each other. Most companies in our industry have a bonus pot based on a percentage of profits and they pay that out. That varies quite a lot depending on which company it is. I would not like to say what the right numbers are.
You talked about banks, but you have also said that most companies in the investment management industry have a formula of some sort for the percentage of profits that go on bonuses. Maybe you could tell us what that percentage of profits was for the past two years.
Were they deferred or were they simply cancelled?
You said that you paid out nothing in bonuses last year, and that in the previous year you paid out 25 per cent of profits directly, which is half the norm in parts of investment banking. Is that competitive for your industry?
The committee will compile a report to the Scottish Government. What do you think should be our key recommendations to it on the subject of skills and education? What can the Government do in that regard?
Thanks for that. Has your company had discussions with FiSAB and the Scottish Government? If so, what form did they take? Were they about financial sector reforms?
My final question is on a more general point. Are there any long-term reputational issues for Scotland because of the crisis?
I have been asked that a few times by various people. Because I am Scottish and we are based here and our business is international, I have looked for such issues as I have travelled the world, but I honestly have not found them. Clearly, people would say that some things that the big Scottish banks did might have been imprudent but, equally, UBS and AIG did imprudent things. Every financial sector in the western world, whether it be in New York, Boston, London or Zurich, has institutions that have been major casualties of the financial crisis. Many people that I come across also deal with those sectors. I do not think that people have singled out Scotland.
You have touched on the global aspect of how we move things forward. Do you have any particular concerns about proposed European Union directives or regulatory changes more generally?
I agree. What concerns me most is that, as this discussion has made very evident, the systemic risk has been with banks—indeed, a particular type of bank. Many questions have been aimed at Martin Currie and the rest of the investment management industry about what we do, our bonuses and so on, but the fact is that we do not have those systemic risks. Regulating investment management firms in exactly the same way as banks would be a big overreaction to where the systemic problems actually lie. Policy makers must decide exactly what they want to achieve through regulation, find out where risk lies in the financial services system and then focus on it. Given that risk lies neither in the life assurance or investment management parts of the sector, nor in high street banking or banking for small and medium-sized enterprises, but in the strategic management of the big global banks’ investment banking activities, that is where regulation should be focused. If we narrow the scale of the problem that you alluded to, there is more chance that the vast majority of companies around the world will not feel its impact and we might also be able to define things such that we might be more likely to build an international consensus around them. I am not sure, however, whether that answers your question.
What policy decisions would you like to be made about areas where systemic problems exist?
As I said earlier, we need to reach a consensus view on the amount of risk that we are prepared to allow organisations whose failure would create systemic risk and then define the parameters of those businesses in relation to the appetite for risk. Of course, that will require agreement on a number of measures of risk. Banks are complicated beasts and we cannot take such things forward solely on the basis of the debt-to-equity ratios on their balance sheets. That would be one commonsense measure, but there would have to be others. One way of putting together a set of measures would be to get global regulators to agree what that might look like. However, a current issue in the US is that all the companies with systemic risks are banks; those that were not, such as Goldman Sachs, had to become banks to get federal aid. Although such companies might well cease to be banks at some stage, that does not mean that their potential for systemic risk also ceases. As a result, any approach would have to capture organisations with such risk, but, as I say, it would also need a shared sense of the key measures of risk, which might include proprietary trading, debt-to-equity gearing levels, the complexity of financial instruments and the scale of the books of those instruments. I have to say, however, that I do not feel competent enough to come up with a full list.
Earlier, you said that the attraction of Australia for a company such as Martin Currie is the optimistic attitude there, which contrasts with the risk aversion that you now find in the UK and the US. Do the various levels of confidence in the world economy make the process of finding an effective regulatory framework more difficult or do they make it impossible? Is it a doable task?
I am not an expert in banking at all, but I think that it is. A lot of what has been talked about has been common sense. When I started out in financial services, the Bank of England was the dominant regulator, and the regulatory framework was quite simple. The situation has become much more complicated as time has gone on. The reform of the relationship between the Bank of England, the FSA and the Treasury was necessary and my guess is that it will work a lot better than before.
Yes, and the regulators need to ensure that everyone communicates in a way that people understand. If people do not understand what is being talked about, they will not gain sufficient confidence when things are put right. Things must be seen to be put right once they have been put right, which is quite difficult.
You say that the language of finance was simplified and made more accessible after things such as the split capital investment trusts business, which I think took place in 2003. That was the situation that famously involved an FSA report coming out on Christmas eve—am I right?
I think so. Possibly.
That is true, but the issues around the descriptions of investment products and their risk framework involved a retail risk for the man in the street. The misdescription of risk in the financial crisis was driven less by language and more by the mathematical scoring of risk, which turned out to be ineffective, and the rating of risk, which turned out to be misleading. That is particularly true in relation to debt-based and bond-based products with, initially, mortgages as their underlying substance. The first-rate victims of problems with those two issues were institutional. That comes back to what I said earlier about the clients and the people who sold them products sharing a sense of what was meant by the financial and mathematical formulae that detailed risk and by Standard & Poor’s ratings. Of course, that understanding turned out to be wrong.
Do you find that the graduates whom you recruit and whom you are anxious to keep from heading off to Bermuda are adequately schooled in the social implications of economics, or are they far too heavily indoctrinated with mathematical formulae?
I think that if you asked people in Scotland about the matter, they would still link the North Sea oil experience and the role of investment banking in setting that up. We went out to the Shearwater rig, which is principally a gas rig, and the experience was most unpleasant; it was frightening. Around a fortnight later, a helicopter on the route came down, and everyone in it was killed. People said, “It’s no fish you’re catching; it’s men’s lives.” It seems to me that you depend on people doing very dangerous jobs, but you are in a room with no communications to the outside world, except through your computers.
In China?
Probably not—or yes and no. It is clear that the resources sector is extremely important to China and that the linkage between Australia and China is driven by resources, as you say. Your North Sea analogy plays out. The benefits to broader society in Scotland as a result of having a resources-based economy have been great. Jobs have been created outside the resources sector; the same is true in Australia.
I have one observation and one final question.
Can you move straight to the question, please?
I return to a point that Chris Harvie made at the beginning of his questions, relating to the use that financial institutions, especially banks, make of credit rating agency ratings. It has been suggested that there was overreliance on and, perhaps, misuse of such third-party ratings, instead of due diligence on some of the instruments that were traded. Do you share that concern?
There was probably overreliance on ratings and insufficient due diligence on the Homer Simpson point. Homer Simpson is probably a reasonable credit risk, because he has a good job. However, people who were not good credit risks were able to access mortgages that did not make sense. Those mortgages were packaged and sold on to investors with an insufficient sense of the risk in such packages. The more liquidity there is in the system, the harder it is for the end buyer to do the diligence. It was not unreasonable for the end buyer to rely on the diligence that was done by the investment banks that packaged the products, but that diligence was not sufficient. There was a failure both in the investment banks and at the front end, where organisations sold mortgages to people who did not meet the criteria that the end investors were told were part of the package. There were failures in a number of areas of the system. Clearly, there were failures in the rating agencies, which were the independent assurance in the system.
I am sorry if I talked for too long.
That is not an issue—you were answering questions that we put to you.
We will check the source of our information and forward it to you, so that you can comment on it.
That would be helpful to the committee.
Any revisions to the Official Report that would be appropriate can be made in the light of that. The numbers that I cited came from an official briefing to the committee. For example, the figure that I gave for operating profit in 2003, based on returns to Companies House, is a matter of fact. It would be helpful if you could clarify the matter.
That concludes evidence taking for our inquiry. Before we go into private session, I draw members’ attention to an article that appeared in the business section of this week’s edition of The Sunday Times, which claimed that sources close to the Economy, Energy and Tourism Committee had revealed certain recommendations in our draft report. As convener, I make clear that there are no recommendations from the committee until such time as we have agreed and published our final report.
It is one of the contributory factors. A few months ago, Evan Davis of the BBC did a documentary. He put it quite well when he talked about the financial services industry’s belief that there would always be liquidity in the system being a comfort that there would, for any given level of risk, be cover. He used the analogy of a motorcyclist who thinks that he can ride faster because he is wearing a crash helmet. The sector’s belief in there always being liquidity meant that it took incrementally greater levels of risk that went way too far. It is a bit like a little kid walking on to the ice. The ice does not break and he thinks, “This is all right, so I’ll just walk a little bit further.” Of course, he is not getting true feedback about the level of the risk that he is taking. The sector took too much risk.
Thank you for inviting me to give evidence today.
Thank you very much for that helpful introduction.
The investment products that we are involved in making tend to concern global equities and derivatives of global equities, such as Asian or European equities. That is also the case for Baillie Gifford, Aberdeen Asset Management, First State Investments, Walter Scott & Partners and Edinburgh Partners. Quite a number of independent companies focus on international equities. That goes right back to the investment trust days that I talked about.
We have local authority clients from Scotland and the rest of the UK. We also manage money for state pension schemes in the US, Canada, Australia and other parts of Europe. Pension schemes of one kind or another that are linked to state organisations form quite a major part of the sector globally. Some countries, such as Sweden, have pretty much all of their state pension pot in fully invested funds. Other countries do not invest to cover their pension liabilities. The UK is somewhere in between. It is a big market for the sector globally, and it has been more active than the company pension scheme market because it has been better funded globally. That is now going to come under pressure, I think, because—as you will have heard and we have all read in the newspapers—the pressure of the financial crisis is now being faced by the state sector. The focus is on pensions, and that will impact on the state’s ability to be innovative in its pension schemes around the world. I say that with the caveat that, in places such as Australia, there is a hell of a lot less pressure than there is in the US and the UK.
Yes. Public authorities have a fiduciary duty to pick the best managers regardless of where they are based, but they give all the Scottish managers a fair crack of the whip. You will find that Scottish managers are well represented in state pension funds in all areas around Scotland. That works well.
Yes.
Both. There was a massive growth in liquidity, which was not in itself a bad thing, because it allowed the financial system to grow. What was bad about it was that ultimately the people who owned the financial assets had no relationship with the risks that were being taken on the ground. That was manifest most clearly in relation to the US mortgage debt, which ended up being owned by local authorities in Norway, which had no ability to judge the risks that were being taken in selling poor-quality mortgages in California.
Martin Currie has always been ultraconservative in terms of liquidity. We did not have a lot of illiquid assets that we could not value. There were some issues around that for other companies in the Scottish industry but, to be honest with you, the crisis did not affect any of the Scottish companies very badly or, even, badly—although it did affect some in some ways.
What, in policy terms, should we do about the chasing of yield in your industry, which you said led to the amplification of risk?
I will conclude with some questions on remuneration. It was reported—you can confirm whether it is true—that the returns to Companies House in 2003 showed that Martin Currie made a loss of £700,000, yet in the same year one of its directors received a bonus and salary package of almost £1 million. In retrospect, do you think that that was an error?
I do not think that they are. For a start, we do not quote our profits in dollars. I do not know where you got those numbers from. We would probably have had a better discussion if I had the same information as you.
I voluntarily took a pay cut last year, but my basic salary was around £200,000. I received no bonuses last year.
I told you that Martin Currie paid no bonuses in 2009. Our bonuses are based on mechanical schemes that relate to objectives for each individual, from the receptionist up to the chief executive, so that each individual knows what they should earn. In 2008, we scaled bonuses back by 50 per cent, not because we could not pay them but because we saw that 2009 was going to be an uncertain year and we did not think it was right to pay them from the point of view of taking risk.
What percentage of profits—
Did we pay out? Probably 25 to 30 per cent.
And the compensation in share options?
We have heard evidence across the board about the importance of being able to recruit and keep appropriately qualified staff. Are you able to draw sufficiently and appropriately skilled and educated individuals from the Scottish base?
You will no doubt have come across an organisation called the Financial Services Advisory Board during your evidence taking. It has provided a very effective way for the sector and successive Governments to interact and work together and a number of initiatives are on-going. Much of that has to do with what the sector does to make careers in financial services and investment management attractive to people when they come out of university. One of the side implications of the crisis has been that young people are less attracted by the sector, because of all the things that have happened. I think that the sector probably has to do more about that than the Government.
I have a question about bonuses and another couple of questions. We heard in previous evidence about a campaign to stop bonuses at all levels. Earlier, you told us that 3,000 people work in the industry in Scotland and that a further 4,000 work in back offices. Would a cessation of bonuses have a massive effect on those people’s standard of living, particularly those in the back offices who are less well paid? What would be the effect on the number of people going into the industry?
My presumption was that it would apply throughout the financial sector, not just to one aspect.
There has been a debate in the Parliament on the alternative investment fund managers directive, and there are some issues around that about the reduction in choice that investors might face, as well as the increase in costs that would be associated with some of the proposed changes. There would also be a risk of retaliatory measures, as the directive is anti-competitive for non-EU—and particularly US—participants in the industry.
The committee has heard a number of people raise concerns about a one-size-fits-all strategy. I fully appreciate that it will be extremely difficult to reach a global solution, but if there were such a global solution, it could well have an impact on businesses, companies and industries in nation states. Potentially, one size fits all might not be a successful approach.
So effective representation is critical at whatever international forum might be relevant.
With regard to your sector’s approach to risk management and mitigation, are there any lessons for public authorities to draw from your sector that might have relevance for the banking sector?
That is a good question, and I am not sure that I know the answer to it. One of the things that our sector got wrong some years ago involved issues around split capital investment trusts and the misselling of investment products, which happened because those products were not described in a way that the man in the street could understand. The investment management industry did a lot of work to ensure that what it did was understandable to the man in the street and that the language that we used was more straightforward.
That is something for the banking sector to do, which the regulators could support.
Yes. The Chinese advance is really like something out of the 18th century—it is really Adam Smith economics. Our very sophisticated financial system loaned billions and billions to, in effect, Homer Simpson, who lies at the end of all these complicated machines. That is the observation.
I will do so.
Initially, that presence came out of the huge amount of wealth that was created in Scotland during the industrial revolution. The investment trust, which was invented in Dundee by Robert Fleming, was one of the first collective investment vehicles to be invented anywhere in the world—it was the start of the industry in Scotland. In many successful developing countries, once wealth has been created, the next phase is to diversify it by investing overseas. Many investment trusts—the Canadian railway investment trust, for example—had great names. In part, the sector grew out of the wealth that was created and the innovative skills of people such as Robert Fleming who created investment vehicles which, in turn, created a skillset in Scotland earlier than in many other places. The development of the insurance industry in parallel with the investment management industry also helped to create a critical mass of skills. Obviously, with life companies and insurance companies, there are always investment funds that require to be invested alongside other elements. All those things created that critical mass of people and skills, and Edinburgh was able to hold on to that in the 20th century and as financial services boomed in the second half of the 20th century.
Turning to the general financial crisis, you were quoted in The Scotsman last year as saying that
Derivatives?
We are beginning to pay the price. Has the impact of the financial crisis on the investment management sector in Scotland been significant? You said earlier that you are in good health, but you also said that people with pensions and so on are not now going to get the returns that they expected. What has been the effect on you of that lack of ability to value assets?
Absolutely. Why would the Treasury Select Committee say that? It might be because the sector in Scotland, the UK and globally was invested in the Royal Bank of Scotland and HBOS. Were we asleep while the excessive risk was being taken?
I do not have those numbers in my head. The peak year for profits was 2007. The profits reduced in 2008. The numbers for 2009 have not been published yet, but they will reduce further.
I am not sure that there is anything that you can—or should—do about it. It is difficult to regulate. The problem companies were banks. The Government is interested in systemic risk. If a retail chain has ridiculously risky growth plans, investors back that company and it blows up, that is not good, but it does not create any systemic risk to the economy. When banks require to be bailed out on the scale that they did, systemic risk is involved. We are all living with the consequences of that now and will continue to do so for a number of years. The issue concerns the levels of risk that are taken by firms that are capable of systemic failure. It is clear, with hindsight, that the banks’ gearing levels were excessive in terms of their equity-to-debt ratio, and tighter control of that would be one way to deal with the issue.
I have two further questions on different topics.
Let me share with you the figures that we have for your company. They show pre-tax profits of $25.6 million, or £17.3 million, in 2007. It says here that, based on that 2007 performance, you were paid £1.6 million, which is about 10 per cent of the profits in 2007. Are those figures accurate?
What were you paid last year? It is reported here as £1.6 million.
So the reported package of £1.6 million is not true.
In 2009? I do not know where you are getting the—
They were cancelled, but we issued more share options to our staff as compensation for the cancellation of bonuses. That made sense because our staff are all shareholders in the firm and, in the long run, the shareholders should benefit from the fact that the bonuses were not paid out.
It is difficult to measure that because the benefit will be taken when the share options are exercised some years in the future, but about 1 per cent of the share capital of the company was issued in options.
Yes. In clearing banking the bonuses are smaller than they are in investment management, and in investment banking the bonuses are bigger. We are in the middle of the industry.
Do you expect and would you welcome regulation in the area to try to introduce some industry benchmarks and deal with the anxieties that people have?
One needs to ask what the anxieties are and whether they are appropriate. In relation to the investment management industry, I do not think that they are appropriate. I do not think that regulation would work unless it was global, because the best people are capable of working in many places and they would migrate over a period of years to other places. It would risk destroying the financial services industry here. The concern on bonuses should be driven towards things that have systemic risk. I do not think that the investment management industry has systemic risk.
Yes, but there is an issue. The industry is concentrated in Edinburgh and there is a lot of competition for administrative staff and non-senior management, because both the asset servicing part of the industry and our part have been growing. The sector is concerned about whether there are enough skilled individuals available in the workforce to take up jobs as the sector grows. That concern was probably at its peak in 2007, but it has lessened since the crisis because, sadly, there have been redundancies, and people who have been made redundant in banking might be able to move into investment management in administrative and back-up functions.
I was a member of FiSAB until about 18 months ago and I participated in discussions with the current and previous Administrations that covered a wide range of issues: education; transport; the planning system; the projection of Scotland as a financial services sector and what organisations such as Scottish Development International can do to attract companies to come and set up in Scotland; and what the Scottish Government might be able to do to showcase the sector’s skills. I have found the engagement with successive Administrations to be very good.
Such a measure would have an impact on people’s standard of living. Most people in the investment management industry, in all levels of companies, are paid bonuses that are based on performance. However, the large sums of money are paid to the more senior people, who are probably more able to have a year or two with no bonuses. The measure would impact on people’s standard of living and the attractiveness of the industry for employment.
That would require an extraordinary piece of legislation, and it would risk destroying the UK as a financial services location. We have spoken about Scotland, but we are wired into the City, which is one of the two global hubs for financial services in the world, together with New York. The City is the location of choice for financial services outside the US, because of the time zone issue that I mentioned earlier and also because of the English language. A draconian set of policies on bonuses would carry a deep risk of destroying that position.
That is a good point. It makes it more difficult. Australia would be less willing to constrain its banking system than we, the US or countries in the European Union would be.
Given that difficulty, is the set of reforms that have come forward in the UK around the FSA and the management of the tripartite system compatible with a hypothetical global agreement on an overarching regulatory framework for international banking?
Yes.
That is another way of burying bad news effectively. I think that it happened during the FSA’s light-touch days.
That is a very good question. It is the duty of employers to educate their staff about the social implications of what they do. We try to do that in our company, and I know that other companies try to do that, too. One way that we do that is by ensuring that employees have strong opportunities to volunteer in non-financial services contexts. We are based in the centre of Edinburgh, and we work with a local primary school. We have a big foundation that supports charities, and we do a lot of fundraising work. We and our employees believe that there is more to working in the sector than just punching numbers and picking up pay cheques.
Yes, or Australia.
Energy is one of our investment specialisms at Martin Currie, and we have a team of people who invest in the global energy sector. One of the product areas that we are considering launching is renewable energy. We think that investors around the world are interested in renewables as an investment proposition as well as because they are a good thing to control carbon and all the rest of it.
Thank you for the helpful answers that you have given during this lengthy evidence session. We will try to reflect them in the final report, which the committee will consider shortly.
I did not understand some of the numbers that Ms Alexander cited. I would like to have an opportunity to write back to the committee with a better answer than I was able to give.
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