In which I wonder about that BBC article on the benefit cap

Posted by Christie Malry on February 1, 2012 at 9:41 pm

Bloggers have been having lots of fun today picking apart a BBC article on the benefits cap, in which she distraught family said they would need to choose between "heating and eating" if the cap were introduced. But of course, their spending on cigarettes, alcohol and Sky TV budgets would remain.

Now, given my constant criticism of UKuncut and other idiotic tax campaigners, I have a reputation for being right wing. This isn't fair. I'm swayed not by dogma but by evidence. It just happens that, at this point in my life, I find that the evidence tends to support so-called right wing positions and tends to refute so-called left wing positions. But I remain open-minded as to what the evidence tells me.

So, here's the challenge. I cannot contemplate how anyone could expect strangers to support them through the tax system in excess of the cap. Clearly, this article fails to convince. So, can anyone justify, perhaps from their own budget, why the cap would be unworkable for them?

Because I can't envisage the situation where more than £26,000 is required, my view is that prima facie, the cap is a good thing. Only hard evidence from a real budget could convince me. So, where is it?

But that brings us to a serious concern about the original BBC article. Suppose there really is no evidence of the cruelty of the benefit cap. That would mean the BBC would have not been able to find a sympathetic family to review. In that case, one wonders why did the BBC commission the article in the first place. Just to point and laugh?

And if there is good evidence, why pick this family instead of an actual family in need? Either way, I'm pretty underwhelmed by the article, which smacks of profoundly lazy journalism. I'd like to believe in the kindness of the human spirit, but there's not much of it to be found in the way this article has been published.

Get stuffed, ASH

Posted by Christie Malry on January 25, 2012 at 10:05 pm

ASH are making idiots of themselves again:

A new report by FairPensions and ASH (Action on Smoking and Health) has challenged the long held view that UK local authority pension funds can hold 'unethical' assets such as tobacco in order to fulfil a legal duty and  maximise investment returns

With tobacco sales declining for the first time in 2010 and savers continuing to express concerns over whether their money is invested 'ethically', the report claims to expose misconceptions surrounding investors' duty to have tobacco as part of their portfolio. 

The report is launched with figures showing that councils across Britain have at least £1.3bn of employee pension funds invested in tobacco.

Both organisations claim that the three most heard arguments in favour of schemes investing in tobacco can no longer be upheld.

One of the most heard arguments; that is a trustee's "legal duty to maximise financial return" and that a trustee "cannot give consideration to ethical issues", is dismissed by the report as being "somewhat simplistic".

"Although local authority pension funds are governed by different laws to other types of pensions, members of their pensions committees have similar fiduciary duties to pension fund trustees," says the report.

"The phrase 'duty to maximise return' does not appear in any UK statute or case law. Pension fund trustees have a fiduciary duty to invest 'in the best interests of members and beneficiaries'. This is based on the common law duty of loyalty, which exists to ensure that trustees avoid conflicts of interest and do not abuse their position to further their own ends. Trustees also have a duty to invest prudently."

The report also claims that the two other common justifications for the investment practice, (that trustees do not interfere with the day-to-day decisions of external investment fund managers and that tobacco is a low risk, high return investment) are no longer valid.

Now, I mostly hate smokers. I hate the way they smell, I hate the litter they make, and I hate how they're always in the fucking way the whole time, whether walking down the street or when entering or leaving buildings. I hate how they use stupid schoolboy arguments to rationalise their irrational habit. I really hate how they see themselves as funding the NHS single-handed, as if that excuses all their other sins.

However, smoking remains legal. Although I don't smoke myself, I have no qualms about investing in tobacco companies and making money from the addiction of smokers (I've made quite a bit of money in doing so). Yet I can see that some people do have a problem with it.

But when you sign up for a local authority pension, you forego any right to determine what equities your pension fund is invested in. Local authority pensions are defined benefit, ie they promise you what pension you'll get in retirement. If you want a fund to call your own, over which you can make investment decisions, then defined benefit pensions aren't for you. You'll be wanting a defined contribution pension plan instead, just like we private sector taxpayers have been enjoying for years.

You can't have it both ways. Either take your defined benefit pension and shut up, or move to a defined contribution pension scheme. ASH and FairPensions are trying to have their cake and eat it. They can get stuffed.

The curious poverty of thought on the left over the 50p income tax rate

Posted by Christie Malry on September 7, 2011 at 11:04 pm

Today's FT carried a letter from 20 leading economists, in which they called for the 50p income tax rate to be scrapped in order to boost growth. Unlike the usual ragbag of retards who sign round robin letters like these, this was a high-powered group, including two former members of the Monetary Policy Committee (Julius and Wadhwani) and Bob Rowthorn 1 of Cambridge University (King's College too... normally a left wing hothouse). And, as you might expect, the left wing commenterati went into a tailspin as they responded to it.

Let's start with Owen Jones, who seems compelled to find the most dribbling position on any issue you care to mention. On this, he shrieks in Labour List that 50p simply isn't enough:

Let’s not simply defend the 50p tax band. Instead, let’s push for it either to be increased to 60p, or to take the threshold down from the current £150,000 to £100,000. In a country where if you earn £21,000, you are bang in the middle, decreasing the threshold would still only affect the very wealthiest – the top 2%, to be precise.

Either move would be popular with a public that wants to see the rich paying more. A poll last year revealed that 54% (against 29% who disagreed) wanted the top rate of tax increased to 60p in the pound.

Note that Jones doesn't even consider the economic impact of his proposals. Who cares if it raises less money than under the current income tax bands and could therefore lead to more savage, deeper spending cuts? We're stiffing it to the rich, and it's popular, innit! True, politicians have consistently demonstrated that they're not very good at economics and can't really be trusted with the economy, but that's hardly good cause to do simply what the public wants. They're even less informed and capable than politicians.

He continues:

At a time when working Britons, the unemployed and the poor face being hammered by cuts and – in the case of VAT, higher taxes – the case for the rich to pay more is unanswerable. It is popular and it makes economic sense.

Well, we don't know whether it makes economic sense yet, because the evidence isn't yet available. Would Jones be as sanguine if it were demonstrable that the 50p rate has reduced the overall income tax take or appeared to be harming future job creation?

Next up is Tim Farron, a Lib Dem. He said cutting the rate would be:

phenomenally immoral and send an appalling message to the overwhelming majority of hard-working people in this country.

'Immoral' to take any less than half of the earned income of those on, in international terms, modest high incomes? I've touched before on the topic of what is the 'right' amount of tax, and it's a question that has also troubled perennial thinker and blogger (and occasional Ritchie-worrier) Frances Coppola. But I simply don't believe Farron when he says that incomes over £150,000 must be taxed at 50% or more in order to be moral. He's just yet another Lib Dem tosser playing to the gallery. And he makes no reference to whether the 50% rate is revenue positive (like Jones, it's all about beating up the rich); if it loses revenue then his comments are even more bonkers.

But on this issue, like so many, pole position shall forever belong to wor Ritchie.

Nor is the virtue of growth per se outlined. There is even no evidence given that the government has put growth at the top of its agenda since its actions strongly suggest otherwise, but let’s move on. 

No, let's not. This is classic Ritchie. He blogs incessantly about what the government should do in order to promote growth (eg here, here, here) and criticises Osborne for pursuing policies which he believes won't deliver growth. He even does so in this sentence, by saying that the government's actions suggest they don't really want growth. So how can he legitimately call for these esteemed economists to prove that growth is the right course of action? He's bonkers.

This is a) a marginal tax rate not applied to all income b) not applied to much income derived by ‘talented’ foreign individuals coming to the UK for less than seven years because of the domicile rule and c) I’m told highly avoidable because the same group say almost no one is actually paying this sum. So where’s the ‘punishment?’ Is it so hard if you’re in the top 1% of income earners to make a contribution to the society that gave you that opportunity to profit, enormously?

 

And where is the squeal of protest from the same group of economists about the poorest 10% in the UK having higher overall tax rates than the group with which they are concerned here?

Well, they do say it's a marginal rate, so it seems a bit churlish to criticise them for it being a marginal rate. The 50p tax rate applies to all income earned here by talented foreign individuals coming to the UK, no matter how long they stay here. The domicile rule has no effect whatsoever on income earned in this country, no matter what left wing commentators would have you believe.

And what's this? Almost no one is actually paying this sum? Doesn't that concede the point that the tax isn't very effective? So why is it so critical to retain it?

The top 1% of income earners already do make a huge contribution to this society. The top 1% of earners pay 27.7% 2 of all income tax, and income tax is the single most significant source of tax revenue. How much more would they be paying in an ideal world - all of it?

The poorest 10% don't have higher overall tax rates than the top 1%. The Office for National Statistics publishes an excellent publication entitled The effects of taxes and benefits on household income, which provides handy tables on incomes and tax payments by decile and quintile. It shows that the poorest quintile pays direct taxes at a rate of 10.2%, the richest quintile at  24.4% 3. Perhaps he means all taxes? OK, the poorest decile pays £1,113 of direct taxes and £2,906 of indirect taxes on a gross income of  £9,275 4, equivalent to a (very steep) effective overall rate of 43%. The equivalent figures for the richest decile are £25,719 and £8,442 on gross income of £101,808, equivalent to an effective overall rate of 25%. However, the poorest decile's income includes cash benefits of £5,388, while the richest decile's income includes cash benefits of just £1,653 (mostly statutory maternity pay, child benefit and the state pension). This means that the poorest decile are actually net tax spenders, not tax payers. It's nonsense to say that their tax rate is higher than the rich, given that so much of their income is due to benefits which are, in the main, paid for by the rich.

In among all this garbage, there is a sole commentator on the left who can hold his head high. Chris Dillow's piece at Stumbling and Mumbling is thoughtful and well-argued (even if he ends up agreeing with Ritchie, which must mean he's got something wrong). 

But I'll accept the implicit challenge in the final paragraph:

Which brings me to my biggest complaint against those economists. To worry so much about the 50p tax rate at a time when real incomes are being squeezed, unemployment is rising and some benefit claimants face real hardship is to display a rather warped set of priorities. 

I disagree. One could use the same argument to criticise any bit of government policy - why waste valuable Parliamentary time on fox hunting bans or smoking restrictions while there are people sleeping on the streets, for example? And there are two serious questions which do rather need to be answered:

  1. Will the 50% rate actually raise revenue?
  2. Is it moral for the government to take 50% of an individual's marginal effort?

This isn't sophistry. If the 50% rate won't raise additional revenue, then as far as I'm concerned it's a left wing conceit that needs to be binned at the earliest opportunity. While we have a significant budget deficit, we must do whatever we can to maximise tax revenues. If that means cutting the top rate of tax, we must do it.

However, we must only do so if we do so morally. For instance, we could cut the welfare bill by killing all the poor. It would be an appalling atrocity that may well trigger invasion by foreign powers and cause riots, but it would work. I don't advocate such a policy as it would be completely immoral. By the same token, we mustn't countenance tax rates that are immoral. My personal view is that it is immoral to take as much as 50% of an individual's marginal effort (I even struggle with 40%).

Instead of feigning outrage, left wing commentators should seek to prove both these points. They must demonstrate that the 50p rate makes an additional contribution to our tax revenues, taking account of actions taken by people to avoid it (e.g. working less hard, never moving to the UK in the first place, leaving the UK for another country, retiring early, etc). And they must argue from first principles why they consider it moral to take half of an individual's marginal effort. Until then, they are merely preachifying to their own flock.

Flight of the agitator

Posted by Christie Malry on November 26, 2010 at 9:33 am

I've long harboured a deep hatred of Howard Flight. Some time ago, I saw him speak on (then) Shadow Treasury policy at an event in London. When the applause at the end was still dying down, he lit up a cigarette. OK, so this was before the ban, but it was still so, well, uncouth.

Not that long thereafter, he got caught briefing supporters before the 2005 election that the Tories would actually cut taxes by more once they were in power. Michael Howard was deeply unhappy with all this and deselected him. While he'd clearly created a shitstorm for the Tories out of nothing, this did feel unreasonably harsh, even at the time. It couldn't be admitted back then, but it did feel like Labour was out of control on spending and Flight offered a hope that their party would get us back on course earlier than Howard felt he could admit.

Perhaps it's how politics has to work. Five years on, Flight has his reward for going (fairly) quietly: a peerage. However, he's managed to upset people again by stating, in rather indelicate terms, that poor people respond to child-related benefits by having more children. Mindful that he doesn't actually have his peerage yet, Flight has beaten a hasty retreat.

But while I don't like the man himself, I admire his determination to say what he thinks, even if it's not politically correct or easy listening. Politics has become appallingly anodyne of late, where every minor misstatement becomes a significant gaffe thanks to stray microphones and Twitter. If politicians are forced to censor vast swathes of political debate because it's "nasty" then we are at risk of making terrible policy errors. So, rather than shouting down Flight or complaining about the way he said
it, shouldn't we worry about the impact of child-related benefits on people's decisions about timing and number of children? Indeed, wouldn't it be astonishing if it wasn't a factor in that decision?

As the saying goes, we should play the ball not the man. Like so many in the UK right now, I don't much care for the man. But I'll concede he's got good balls.

Written on my Android mobile phone. Article may be edited later.

What regulation means for SME businesses

Posted by Christie Malry on June 15, 2010 at 11:25 am

Thanks to the draconian nature of the Independent Parliamentary Standards Authority, MPs are finally getting a taste of their own medicine when it comes to regulation.  And, according to The Times, they don't like it up 'em:

The agency, nicknamed “I Punish Staff Also”, has also been criticised for revising its rules online without notifying MPs. “You have to read through their rules from start to finish every week to find out what’s been changed.”

Boo hoo.  MPs have rarely thought about the implications for small businesses as they merrily legislate in the House of Commons.  For example, as a result of the smoking ban (a good idea in my view, but terribly implemented), businesses had to buy "no smoking" signs and put them up.  Failure to get the right size of sign could mean a fine.  Business owners had to find out precisely what was expected of them, on pain of penalty.

Similarly, business owners are also having to get to grips with NEST pensions and its implications for their staff.  Did MPs think it might be a good idea to stick to an existing definition of earnings, or to collect NEST pensions via an existing mechanism (e.g. National Insurance)? Er, no, they created brand new definitions.  And it's still unclear precisely how companies will prove to the regulator that their current pension arrangements are equivalent to NEST, meaning that many will choose to dump them, to the detriment of employees.

These burdens are just two examples of the many hundreds of regulatory changes that affect SME business managers each year.  Sometimes they'll do what MPs do, and waste time reading the legislation cover to cover, when they really ought to be managing the business.  Sometimes they'll hire a professional accountant or lawyer to help.  Good for me and my fellow accountants, perhaps, but not always great for the business, who would rather spend the money elsewhere.  Or sometimes they'll just wing it and hope they do a good enough job to avoid the severest regulatory penalties.

I'm glad MPs are hurting.  I hope they hurt some more, so they know what it's like being on the receiving end of bad, burdensome legislation.  And that they reflect that they must do better, for the benefit of the true wealth creators of our country.

Reasons not to vote Labour #10 - the way they implemented the anti-smoking legislation

Posted by Christie Malry on May 3, 2010 at 4:16 pm

I don't like smoking. Having a keen sense of smell, I don't really like smokers either. Freedom cannot be an absolute concept; it is necessarily a balance of the rights of an individual against the rights of his/her peers.

Girl smokingThe current smoking ban has improved air quality in many work places. But in most instances, it was already improving. When I started work, all offices permitted smoking, usually at employees' desks. Without being forced to, employers started to restrict smoking in the workplace - first to a dedicated smoking room, then increasingly to outside the building. A new equilibrium was asserting itself.

Even in places where smoking was still common, it was changing, albeit slowly. More restaurants were banning smoking throughout, to make the experience more pleasant for their diners. And a number of non-smoking pubs were opening.

The government's ban meant that many pubs, faced with a drop in business, had to close. In particular, working mens' clubs - a cornerstone of working class (i.e. Labour) Britain - were hit hard. All because some latte-sipping twenty-something posh Londoners wanted to draft the law a certain way.

It also led to some curious outcomes. It was now illegal to smoke in a pub. But legal to smoke in a children's playground. Or at a sports stadium (many voluntarily banned smoking... see, government isn't needed!). And cigarette butts started to pile up outside pubs...

Bizarrely, Labour managed to irritate both smokers and non-smokers. Smokers, mostly understand the ban but would like to smoke in pubs that decide to opt in. Non-smokers complain about the bits of the ban that were badly drafted, and the mess outside pubs, and the fact that people tend to smoke in doorways and near open windows. And they couldn't care less about opt-in smoking pubs.

Reasons not to vote Labour #19 - tobacco advertising in Formula 1

Posted by Christie Malry on May 2, 2010 at 4:07 pm

In 1997, Bernie Ecclestone, the boss of Formula 1 gave a £1 million donation to the Labour party. Weeks later, the Labour government exempted Formula 1 from a ban on tobacco sponsorship. Were they related? It doesn't matter, it looked like they were related and that should have been reason enough for Labour to refuse the donation.

Interestingly, it was alleged at the time that Gordon Brown had lied about the circumstances surrounding the case. Nothing changes, does it?

Why, on balance, Grayling was right

Posted by Christie Malry on April 5, 2010 at 10:49 pm

This isn't an easy post to write. Before I write it, I want to get this out on the record. Although I may be an economic hardliner, I am a social liberal. I believe fervently in people's rights to live their lives however they want to, so long as their behaviour doesn't interfere in the private lives of others. And that includes the right of people to be gay.

Galveston B&BThat said, I've watched with disappointment the media furore over comments made by Chris Grayling about the rights of bed and breakfast owners to refuse to allow gay couples to stay in a single room. The media has presented this as an example ("as if it were needed," I hear you cry) of old-school Tory bigotry. But the issues raised by Grayling's musings are much more finely balanced. He was very careful to stress that he saw a distinction between B&Bs and hotels. This makes it clear that his views aren't prompted by anti-gay sentiment. Instead, he views the rights of the individual in their own home as more important. At the heart is the conflict between the private rights of the individual and the public rights of the state.

Clashes between the rights of individuals and the state aren't always easy to resolve, especially when they involve an individual's home. Take the case last year of two police officers who were collaborating on their childcare arrangements. They thought that their non-cash arrangement should be nobody else's business but their own. Yet Ofsted inspectors disagreed, and asked them to call a halt to their arrangements. Ed Balls later intervened to clarify that he didn't think that had been the law's intention.

Similar arguments were raised in relation to the government's ban on smoking in public places. Although the ban has improved the environment for many millions of workers, it's disingenuous to pretend that the ban covers "public" places. The targets of the ban are largely private businesses. One could argue that these businesses, especially those which adjoin the proprietor's home (such as a public house), should be allowed to determine their own smoking arrangements. [And, indeed, ironically enough, many truly public places - parks, streets, bus stops, etc. - are still not covered by the government's smoking ban, although the government is thinking about going further]

No blacks, no dogs, no irishAnd although one gay couple turned away from a B&B have told the press that they were shocked and embarrassed by the snub, it's unclear that the law is the right way to fix this sort of a problem. Do we really want our police spending time investigating crimes of this sort when they could be focussing their attention on matters that the public would perhaps afford greater priority, such as street robbery or violence? Is this law even enforceable? For example, many pubs require patrons to wear a shirt and shoes, or they won't be served, so we accept in certain (perhaps trivial) situations the rights of the business manager to discriminate. Are there to be no legitimate reasons for a B&B owner to refuse to serve a customer, whether gay or not? As Neil Midgley points out in the Telegraph, gay clubs can - and should be able to - ban bigoted B&B owners, so the rights are hardly symmetrical.

The market solution in this situation would be to allow businesses to choose which segments of the market they wish to sell to. And indeed there are B&Bs which market themselves directly as gay-friendly (look, here's one I picked at random from Google). That would avoid having to impinge upon the private property rights of owners, but marketing alone might not be enough to overcome hardened "no blacks, no Irish" cases. Yet, I find the argument that B&B owners should accept this regulation without question or close down deeply unpalatable.

So there are no easy answers. My personal view is that Grayling is technically right. Yet his views, coming as they do as a general election is about to be announced, are as much lousy politics as they are brilliant philosophy.

But there is one significant good news story as a result of this sorry affair. And that's the very fact that The Guardian, a national newspaper, felt that there was a story there at all, and that the story did indeed have "legs". That suggests that there is, generally speaking, sympathy for gays in modern society. A generation ago, that would have been almost inconceivable. Some have portrayed this change towards more social liberalism as Labour's legacy. I suspect that they rode the wave instead of creating it, but it's certainly a change for the better. Meantime, another Labour legacy - a gradual, creeping, insidious encroachment upon the private sphere by the state - is a lot less welcome.

Thank you for not smoking

Posted by Christie Malry on March 10, 2010 at 6:15 am

SmokingToday is No Smoking Day in the UK.

As campaigns go, it's really fairly ineffectual. Smokers still smoke. Back in the days when smoking was allowed in more places, smokers would still smoke in them. It would be easy to conclude that it's a total failure.

Yet times have changed. When I was growing up, cinemas used to be split into smoking and non-smoking sections. The left wing of the theatre was smoking and the rest non-smoking.

Similarly, buses used to permit smoking. In fact, I remember the back half and all the top floor of double decker buses were smoking, with only a few seats at the front being non-smoking. Eventually they banned smoking on the whole of the lower floor.

Smoking used to be permitted on the Underground too, until the terrible fire at King's Cross made a complete system-wide ban irresistible.

CigarettesThese days, we look at the very idea that we might have tolerated smoking in restaurants with a sort of curiosity. It's ridiculous. Ridiculous too that we ever tolerated smoking on trains, or even that smoking was permitted, unrestricted, on railway platforms.

The political will reflected a change in public mood over time. Smokers collectively did not act in a responsible way. While in the majority, they could just about get away with it, but as smoking rates have dwindled, the majority have started to enforce their rights. Personally, I think the ban in pubs is the wrong way to go about it, but there is still scope for further restrictions.

I don't think No Smoking Day can claim the credit for it, but times continue to change. What do we tolerate from smokers today that will look ludicrous in the future? Throwing butts on the floor? Smoking in parks? Smoking in cars with children? Smoking outside? Who knows... but anyway, thank you for not smoking.