Saturday, December 2, 2017

Good could come from bank royal commission

The banks and other opponents of a royal commission into banking told us it would generate a lot of noise and expense without achieving anything of value. They'll probably still be claiming that when the just-announced inquiry has reported.

Well, maybe. By contrast, I think there's a good chance the commission's establishment will be seen as the most visible marker of the time when the two sides of politics turned their backs on the era of bizonomics – the doctrine that what's good for big business is good for the economy and the punters who make it up.

The litany of misconduct by the big four banks – the unscrupulous investment advice given, the mistreatment of people with legitimate life insurance claims, the charges that the bank-bill swap rate was being rigged, and allegations of extensive use of bank facilities for money laundering – has driven the public's growing insistence that the banks be brought to account.

This week Rod Sims, boss of the Australian Competition and Consumer Commission, confirmed what all of us know, that competition in banking is weak ("not vigorous") leaving the big four with great ability to protect their excessive profits by passing costs on to their customers ("the large banks each have considerable market power").

The arguments of the banks and the Turnbull government that an inquiry must be avoided because it would shake confidence in the integrity and strength of our financial system – including in offshore markets – were just as weak then as they are now when used by the banks and the government to justify holding an inquiry to end the "political uncertainty".

The plain truth is that a rebellion by its own backbenchers has robbed the government of its ability to stop an inquiry going ahead.

This is the best explanation for the banks' sudden reversal from opposing an inquiry to claiming one is now "imperative". Since the revolt makes one inevitable, they'd prefer its establishment to be controlled by their Liberal defenders, not their Nationals, Greens and Labor critics.

They say a smart prime minister never commissions a report unless he knows what it will find and recommend. But that's easier imagined than achieved.

Were the commission's report to be judged by voters as a whitewash, with no significant consequences, this would simply ensure the bad behaviour of the banks remained a hot issue favouring the government's opponents at the next election.

What's just as likely is that royal commissioner Kenneth Hayne will interpret his terms of reference as he sees fit and, in any event, uncover a lot more instances of misconduct.

Broadening the inquiry's scope to cover misconduct in wealth management, superannuation and insurance, as well as in banking proper, is unlikely to leave voters thinking the banks' behaviour hasn't been as bad as they first thought.

Polling shows high public support for a banking royal commission, including among Coalition voters.

But the way the government has been forced by public opinion to abandon its attempt to protect the banks is a sign of much deeper public disaffection with the long-dominant "neoliberal" doctrine – formerly accepted by both sides of politics – that governments should do as little as possible to prevent businesses doing just as they see fit.

That when business mistreats its customers or it employees, there's nothing the government could or would want to do.

That big businesses' generous donations to both sides' coffers mean they have the politicians in their pockets. That the Turnbull government's desire to cut the rate of company tax on foreign multinationals that already avoid paying much is proof the economy's run to please the big boys, not you and me.

I've been writing for months about the breakdown of the "neoliberal consensus". This is evident in the way the Labor side has promised a banking royal commission, opposed big business tax cuts, opposed reductions in penalty rates, and pressed for constraints on negative gearing and the capital gains tax discount.

But set aside his resistance to a banking inquiry and (impotent) advocacy of big business tax cuts, and you see Turnbull's already doing much to respond to voters' rejection of the fruits of neoliberalism – privatisation, the various economic reform stuff-ups – with his new tax on multinational tax avoiders and coercion of particular companies in his struggle to fix the stuffed-up national electricity market and the cornering of the eastern seaboard gas market by three big companies.

Remember too the way, as part of his efforts to stave off a banking inquiry, Turnbull has become ever tougher on the banks, making them pay for more surveillance by the Australian Securities and Investments Commission and imposing a new tax on the five biggest of them.

In his most recent attempt to head off pressure for an inquiry, a proposed arrangement to compensate victims of bank misbehaviour, the banks would have been paying.

When the political smarties look back on this saga, my guess is they'll conclude Turnbull was mad to lose so much political credit in his abortive attempt to protect the banks from the public's disapproval of their greed-driven misbehaviour.

He should have got, much earlier than he did, the message that the era of governments pandering to big business was over, killed off by voters' disaffection with the political mainstream and willingness to flirt with the populist fringe.

I'm not sure Australia's big business has yet got that message, particularly not the big banks – transfixed as they are by their inward-looking contest to increase their profits and chief executive remuneration package by more than their three rivals have.

I support the royal commission because another year or more of public dredging through all the moral (and sometimes legal) shortcuts the banks have taken on their way to higher profits and bonuses may finally get the message through that their way of doing business – and treating their customers – must change.