The Institute for Fiscal Studies released its annual Green
Budget publication earlier this week (here). It is intended as a comprehensive assessment of the challenges facing the UK
government as it prepares to unveil its official budget (scheduled this year
for 8 March). It is certainly comprehensive – the report extends to 312 pages. However,
one thing particularly jumped out at me: In the chapter on health and social
spending, the authors showed that over the period 1955-56 to 2015-16, real
health spending in the UK grew at an average rate of 4.1% per year whereas over
the period 2009-10 to 2014-15, real spending increased by just 1.1% per annum (see chart).
We should keep this in perspective: Under the previous
Labour government, real spending increased at a rate of 5.9% per year, so some
degree of slowdown was required. Indeed, this huge surge in outlays was designed
to raise health spending as a proportion of national income towards the average
levels of health spending in other western European countries – a target which
was not achieved. On a per capita basis real health spending has remained
roughly unchanged since 2010 although the ageing of the population, which
raises the share of elderly people, means that the per capita numbers are
slightly misleading.
Nonetheless, the government can claim that it has abided by
its manifesto commitment to protect the National Health Service from the cuts
in other public services. But at a time when the strain on the NHS is greater
than ever before, the government (irrespective of political persuasion) is
going to have to face up to some uncomfortable truths on the provision of
health care. Part of the problem stems from the fact that although health
spending has been spared the worst of the cuts, the social welfare bill has
been slashed, having fallen by 1% in real terms since 2009-10. Faced with a
lack of options, people are being forced to turn to the NHS for help which it
is not designed to provide, which in turn impairs its ability to meet its other
targets.
Professor Sir Bruce Keogh, medical director of NHS England,
highlighted in a newspaper interview two years ago (here) that the lack of local services such as district nurses, beds in community
hospitals and mental health support were key factors behind the rising strain
on front line health services. It is not as though the government is unaware of
the problem. The Times reported in December that Chancellor Philip Hammond
wanted to raise the funds allocated to social welfare provision but was
overruled by the prime minister. It further suggested that the issues facing
social welfare are “a political problem exacerbated by political cynicism,” following
the stymying of cross-party efforts to find a solution to the problem by former
Chancellor George Osborne before the 2010 election.
On the basis that the NHS in England expects to face a cash
shortfall of up to £30bn by 2020, what can be done to plug the hole? Unpalatable
though it may sound, a simple option would be to raise taxes. A rise of 1% in
the basic rate of income tax would provide £4.5bn of additional revenue by
2019-20, according to the Treasury’s ready reckoner. Bearing in mind that the
basic rate today, at 20%, is the lowest in decades (40 years ago it stood at
30% and it was last cut in 2008 from 22%), this is not the worst option. A 2%
rise in the higher rate of tax would yield a further £2.0bn. The government
could also raise national insurance contributions which are, after all,
designed to fund social welfare provision. A 1% rise in employee contributions
would raise almost £4.3bn and a similar increase in employer contributions
would generate £5.1bn. But the real kicker is the government’s planned cuts in
corporation tax rates. Each 1% reduction in the standard rate costs £2.4bn in
revenue, and with the government planning to cut the standard rate from 20%
today to 17% by 2020, this will cost £7.2bn in revenue. If corporate
taxes are left unchanged and the other tax hikes are implemented, this would
get us two-thirds of the way towards covering the health spending shortfall.
These are, of course, static calculations. Employers will
create fewer jobs if payroll taxes rise which will result in less revenue than
these numbers suggest. However, they illustrate that UK governments will at
some point have to begin squaring the circle.
The 30 year period during which governments have cut taxes whilst promising
world class public services are over.
Nobody likes to pay higher taxes of course (least of all
me). Thus the other unspoken possibility is to introduce some form of charges
in order to encourage rationing. One option might be to introduce an initial
charge for doctor’s visits with subsequent visits incurring no such penalty. The
British Medical Association reckons that there are around 340 million
consultations per year; over 90% of this contact is with local general
practitioners and the average member of the public sees a GP six times a year.
Running through the maths, GPs see 51 million different people per year. Imagine
that the first GP consultation per year was charged at £10 with subsequent ones
free (with suitable exemptions for the very young and the very poor) – which is
the equivalent of three pints of beer per year or 12 pints of milk – this would
yield £0.5bn per year in user charges.
Whilst this is not a huge amount in the grand scheme of
things, it might be the direction in which we are forced to travel. As we all
know, demand for health care is near-infinite, and unfortunately we need to
find ways to fund this demand as our population ages and the pressure on the
system mounts. But are our governments brave enough to face up this unpalatable
truth? It certainly won’t win votes but it might help to preserve the health
services.
Having posted previously on the subject of incentives (here), and how important it is to ensure they are set correctly in order to avoid unintended
consequences, the recent spate of warnings regarding pollution levels in London
over the winter months brought the issue to mind once again. There are many
contributory factors to high pollution levels in urban areas with climatic
conditions exacerbating the problems caused by central heating systems and wood
burners (one of the recent scapegoats). But one of the factors rising up the
worry list in London is the problem caused by emissions from diesel engines (see chart).
Ironically, it is not long ago since diesel engines were
hailed as the great new clean technology which would save us from the choking
carbon dioxide emissions of petrol engines. Beginning in the early-1980s, UK excise
duties on diesel were set lower than those on petrol, though since the
late-1990s they have remained the same as those on unleaded fuel. From a fuel
consumption perspective diesel engines are more efficient than their petrol
equivalents, so even if the duty per litre is the same, the tax paid per mile
(or kilometre) travelled is lower for diesel than for petrol. Successive
governments were happy to encourage the switch to diesel engines because – we
were told – they emit less carbon dioxide than petrol, and this switch was seen
as one of the arrows in the quiver designed to reduce CO2 emissions
in line with international agreements. Unfortunately, diesel engines emit more
nitrogen oxides and small particulate matter, which is even worse for human
health than CO2. Moreover, the evidence appears to suggest that
their average CO2 emissions are no better than petrol engines.
The chemistry associated with the burning of diesel is not
new. So how is it that governments across Europe have encouraged this trend? According
to the academics Cames and Helmers (here) one argument is
that “the European oil industry
co-initiated the shift to diesel cars in the 1980s and 1990s in order to find
outlets for middle distillates” which had collapsed as natural gas displaced
heating oil as a fuel used in electricity generation. In addition, the
increased use of nuclear power for generating purposes further increased the
downward pressure on distillate demand. Whatever
the reason, across most European countries, diesel cars received favourable tax
treatment at the expense of petrol-engined cars. If governments were indeed using
the switch as a cover to promote the need to reduce CO2 emissions it
was at best misleading, and if the claims advanced by Cames and Helmers are
true, it points to collusion between the interests of the oil industry and
government.
This goes back to the point I made recently (here)
about how there is evidence to suggest that interest groups can have undue
influence over government policy which may not always be in the best interests
of voters. Perhaps the most egregious example of this is the policy towards
obesity in the western world. It has become accepted wisdom that the problem is
caused by too much fat in the diet. However, as long ago as 1972, a scientist
called John Yudkin wrote a book claiming that there is a clear correlation
between the rise in heart disease and a rise in the consumption of sugar, and questioned
whether there was any causal link between fat and heart disease. But the food
industry struck back, led by a scientist called Ancel Keys who – aided and
abetted by the sugar industry – proceeded to discredit Yudkin’s work. However, the
work spearheaded in recent years by prominent scientists such as Robert Lustig,
suggest that Yudkin had been right all along.
This was not a simple academic spat: It was an issue of
fundamental scientific importance with implications for human health. It also highlights
the problem that if a particular interest group funds research which is
unequivocally accepted by government, and is used as the basis for public
policy, there is an incentive to distort the research to ensure the desired
outcome. I am not endorsing the claims of Cames and Helmers with regard to the influence
of the oil industry. But the very fact that it has been hinted at indicates
that the line between genuine scientific research and that conducted for ulterior
motives is at best blurred.
As it happens, European countries have a pretty good track
record in preventing dodgy research from slipping through the net – think of
the good work done by the drug regulatory authorities. However, it is crucial that
these high standards are maintained, which is something else for the UK government
to think about as it embarks upon Brexit. And as the diesel and sugar episodes remind us, it is also important to think about the longer-term effects of today's policy choices. Failure to think long-term can - quite literally - be fatal.
This is a post which I considered very carefully before
deciding to publish. I certainly do not “do” conspiracy theories – they have often
struck me as the paranoid delusions of people who cannot accept that the world
works differently to how they would like. I struggle with the idea that the
world is run by a secret cabal of men (for that is how they are normally portrayed
in James Bond films) sitting in some glamorous location making decisions which
affect the lives of the little people. Nor do I buy the idea that the likes of
the Bilderberg Group are trying to subvert the democratic process in the
western world. But I was recently brought up short by a couple of articles by
people who I have long regarded as sane commentators.
The first was by George Monbiot,
an environmentalist and political activist. I have to confess that I have not
always been a fan of his work, believing for many years that he hugely
exaggerated his stance on many positions. But I was impressed with his
intellectual honesty in reversing his position on nuclear power and I now take him
much more seriously, even if I don’t always agree with what he writes. However,
the article, published in The Guardian (here)
took a cogent look at how so-called "dark money" – used to fund
organisations involved in political advocacy without disclosing where it comes
from – has a huge impact on the way in which government policy is shaped.
In particular, he focused on the activities of one Dr Liam
Fox MP, who is a prominent supporter of Brexit and currently Secretary of State
for International Trade. In 1997, Fox founded Atlantic Bridge, described as an educational
organisation designed "to bring
people together who have common interests [and] ... defend these interests from
European integrationists who would like to pull Britain away from its
relationship with the United States.” In 2007, a sister organisation was
set up in the US with affiliations to the American Legislative Exchange Council
(ALEC), described by Monbiot as "perhaps
the most controversial corporate-funded thinktank in the US" and which
has extremely close ties to the Trump administration (see Monbiot’s article for
the detail). After registering as a charity in 2003, the UK arm of Atlantic
Bridge was dissolved in 2011 after the Charity Commission concluded that it was
"not evident that [it] had advanced
education" and "may lead
members of the public to call into question its independence from party
politics.”
Monbiot convincingly makes the case that Fox has
consistently blurred the lines between the public interest and his own personal
interests. However, by being tasked with the job of securing trade deals with other
countries, Fox is ideally placed to lead the way in securing a UK trade deal
with the US. But as has been pointed out
numerous times before, any trade deal will be on terms which put US interests
ahead of those of Britain. As Monbiot put it, “European laws protecting the public interest were portrayed by
Conservative Eurosceptics as intolerable intrusions on corporate freedom.
Taking back control from Europe means closer integration with the US. The
transatlantic special relationship is a special relationship between political
and corporate power. That power is cemented by the networks Liam Fox helped to
develop.”
You may or may not agree with this view, but whilst it is
plausible, Monbiot has “form” and we know where he stands on the political
spectrum. But the blog post by Tony Yates, professor of economics at Birmingham
University and which made some similar points, comes from someone who in my
experience does not consistently advocate a particular political stance (here) Yates points out that many of the grievances which led to the Brexit result
"have been stoked and crafted
ruthlessly. The vortex is stoked and our descent into it is piloted in the name
of the ‘will of the people’. But in fact
the journey is in the service of the populist-controllers who have managed to
sell the people the bad policies. What
do they get out of it? Publicity,
gratification, media careers, control over policies that affect the net worth
of companies they and their associates are connected with."
Precisely because I regard Yates as a rational commentator
is the reason why his argument hits with such force. Regular readers will know
that I have consistently questioned how the policies of Trump – or the UK
government with regard to Brexit – serve the economic interests of their respective
electorates. If both the US and UK governments are pursuing policies designed
to benefit a small group of individuals, we are in more trouble than I thought.
I will leave it to the political scientists to assess the impact on the
democratic process. More worrying from an economic perspective is that the
international institutions upon which our security and prosperity have been
built for 70 years are under threat. I have noted previously (here)
that the parallels with the 1930s are more worrying than people care to admit,
and historians will tell you that despots come to power riding a wave of
popular support to impose policies which impoverish their countries. Whilst Trump
may not be a despot, and Theresa May is certainly not, they both lead
governments whose policies are economically harmful.
Perhaps we are all being a little bit jumpy in the wake
of the political upheavals of the last year and wiser heads will soon prevail, such that by the end of the year we will all wonder what the fuss was about. Or maybe, as Yates wrote, the failures of current policies "can be sold as a success, whose ill effects are blamed on simply
not punishing the imaginary villains enough.
And the next round follows." This is not my father’s world.
It’s my grandfather’s.
I spent this evening at a seminar organised by the National
Institute of Economic and Social Economic Research (NIESR) at which they outlined their
latest economic view and some of the associated research topics. One of the
presentations, by Monique Ebell, looked at NIESR's ongoing research into Free
Trade Agreements and how the UK is likely to fare post-Brexit.
The worrying conclusion was that leaving the European Single
Market (ESM) is going to impose significant costs, irrespective of whatever
deal the UK signs with other countries. This is due to the fact that the ESM is
a deep and comprehensive trade agreement which is designed to reduce non-tariff
barriers, whereas conventional FTAs do little to tackle this problem. And
because they are generally aimed at trade in goods, they do little to stimulate
services trade which is an important issue for the UK.
NIESR used conventional gravity models to estimate the
impact of post-Brexit trade flows. Such models approximate bilateral trade
flows between two countries by employing the ‘gravity equation’, derived from
Newton’s theory of gravitation. The idea is that just as planets are attracted
to each other in proportion to their sizes and proximity, so too are countries.
Relative size is determined by GDP, and economic proximity is determined by
trade costs – the more economically ‘distant’ the greater the trade costs. Gravity
models suggest that relative economic size attracts countries to trade with
each other while greater distances weaken the attractiveness.
The empirical results suggest that if the UK were to leave
the ESM and impose WTO rules, as Theresa May has threatened, this would lead to a
long-term reduction of around 60% in UK trade with the EU compared to what
would otherwise take place. Swapping ESM rules for an FTA used by the EU in
trade with third party countries would produce a smaller, but still significant,
reduction of 45% in UK-EU trade. There would be a modest offset if the UK could
replace WTO rules with some form of FTA with the BRICS or Anglophone countries,
but it would in no way be enough to fully compensate for the losses.
As it currently stands, leaving the ESM will make the UK
significantly less well off. Indeed, NIESR's calculations indicate that
swapping the current EU trading arrangements for WTO rules will cut GDP by
around 2.3% over the longer term (5-10 years). This is rather smaller than the
numbers suggested by the Treasury prior to the referendum, but it is likely
there would be significant second round effects which I reckon could produce a
long-term decline somewhere in the region of 5%.
We should, of course, be careful of the spurious precision
attached to such estimates. But they support the view that leaving the safety
of the ESM, which is one of the most integrated international trading markets
in the world, will leave the UK poorer than it needs to be. And it is for this
reason I continue to believe that the gamble taken by David Cameron in holding
the referendum in the first place, and the comments made by Theresa May in her
speech two weeks ago, represent steps which are not in the UK's national
interest.
If conventional FTAs suggest that the gains from trade with
third countries will be outweighed by the losses resulting from a loss of
access to the ESM, might it be possible to devise ways to narrow the losses?
Obviously, one way would be to replicate the features of the ESM which make it
so successful, by reducing non-tariff barriers. But this would involve efforts
to improve economic integration in any new trade deals, which in turn would
require greater regulatory harmonisation, though this is precisely one of the
things which the electorate (narrowly) rejected last June.
Ironically, on a day when the proportion of MPs voting in
favour of the Article 50 bill (81.4%) was greater than the proportion of the
electorate voting for Brexit (51.9%), the government has still given us no indication
that it understands the risks which it is taking with the UK's economic future.
Moreover, the fact that the EU is expected to present the UK with a significant
exit bill, likely to be in the region of £40-60 bn, suggests that it will take
at least five years to recover from the initial financial hit (so much for
saving money by leaving, eh Nigel?). Thus, even if Brexit does not cause the
damage that is feared, in order to come out ahead the new arrangements would require
the UK to get a bigger growth boost than the current arrangements can deliver.
Let's just say I am not hopeful.
… Donald created chaos. In recent days, the Trump Administration
has imposed an immigration ban which is generating controversy around the
world, whilst today the head of the National Trade Council, Peter Navarro, publicly
accused Germany of using a “grossly
undervalued” euro to “exploit”
the US and its EU partners. Both these issues call into question the underlying
principles of the international economic and financial framework. Whilst recent
events reveal that the new Administration is not going to play by the old rules,
and we are going to have to live with it, they also display a degree of
callowness regarding how the world works.
On a wider view, businesses and investors do not like what
they have seen and heard. It is potentially the first step towards a more
protectionist world which will damage the US as much as its trading partners.
Of more concern is that the global financial system has historically worked
best when the global superpower acts in its benevolent self-interest by
maintaining access to its markets, allowing unrestricted access to its
financial markets and generating higher global incomes which benefit everyone –
corporate America included. Any sense that the system is to be gamed in favour
of the US will not end well for anyone.
Navarro’s comments in particular were worrying on many
levels, not the least of which because he is wrong. It is true that Germany is
running an excessively large external surplus which, as I have pointed out in a
previous post (here),
does put undue strain on the workings of EMU. But ironically, a higher surplus
ought to put upward pressure on the currency, rather than weaken it. After all,
it is not as if the whole of Germany’s surplus is solely generated at the
expense of other EMU members. Moreover, the perceived weakness of the euro is
due more to ECB asset purchases than to any deliberate action on Germany’s
part, something which has been strongly opposed by the German contingent at the
ECB (notably Bundesbank President Weidmann, who has been a vociferous critic of
QE).
An excellent article in The Economist a couple of weeks ago
noted that “there are reasons to be
worried about the head of Donald Trump’s new National Trade Council” (here).
In particular, The Economist notes that Navarro’s view that unbalanced trade is
responsible for a slowdown in US growth since 2000 is simply “dodgy economics.” It goes on to suggest
that Navarro “seems to think that once
they [China] comply with global trade rules, the trade deficit will close and
manufacturing jobs will return to America’s shores … This is a fantasy. When
manufacturing production moves overseas and then returns, productivity has
usually risen in the interim; so far fewer jobs come back than left.”
Navarro’s views on the EU are equally wrong-headed. He said
in a recent FT interview that “The
unequal treatment of the US income tax system under biased WTO rules is a
grossly unfair subsidy to foreigners exporting to the US and a backdoor tariff
on American exports to the world that kills American jobs and drives American
factories offshore.” Whatever else it might be doing, Europe is not
stealing US manufacturing jobs. It might be getting more of its share of US corporate
taxes than the government would like but there is a simple solution to that –
cut the corporate tax rate, which is amongst the highest in the industrialised
world.
But perhaps what is most worrying of all – and it was
highlighted by a number of below the line commentators on the FT website, who
are a pretty savvy bunch – is that the US government appears to be trying to drive
a wedge between EU nations by highlighting the fact that Germany is “exploiting”
other European partners. Certainly, it seems to have a preference for
negotiating bilateral deals with the intention of (as one commentator put it) “the destruction of the EU, by peeling one
nation at the time from the EU, till the whole thing collapses.” That might
be a bit over the top but it is a common theme.
Even more worrying from a UK perspective, as the inestimable
Gideon Rachman noted in the FT yesterday, is that “the election of Mr Trump has transformed Brexit from a risky decision
into a straightforward disaster (here).” I have long believed that the main risk Trump poses to the UK is that
many of his policies may well not be in the UK’s national interest. As Rachman
put it, “If Britain had voted to stay
inside the EU, the obvious response to the arrival of a pro-Russia
protectionist in the Oval Office would be to draw closer to its European
allies. Britain could defend free-trade far more effectively with the EU’s bulk
behind it … As it is, Britain has been
thrown into the arms of an American president that the UK’s foreign secretary
has called a madman”.
When a man who wants to build a wall on the southern US
border to keep out Mexicans; who wants to ban immigrants from one of the most
tolerant and open societies in the world and who threatened to jail his
political opponent, thinks Brexit is a good idea we really need to think again!
As the Ancient Greek storyteller Aesop wrote, “A doubtful friend is worse than a certain enemy. Let a man be one thing
or the other, and we then know how to meet him.”
It is somewhat ironic that the phrase Brexit is heard far
more frequently these days than Grexit, despite the fact that the latter was long
viewed as the more likely event to happen. Although the Greek issue has not
been anywhere near the top of investors’ agenda over the last eighteen months,
the problems have not gone away. We were reminded of this recently when an IMF
report was leaked to the Financial Times, which concluded that without relief, Greece
faces an “explosive” surge in its debt burden which will raise the debt-to-GDP
ratio from somewhere around 180% today to over 250% by 2060.
It is evident that the current policy mix is simply not
working. Imposing more austerity on Greece in the hope that it will be able start
repaying its debts anytime soon, is nothing more than delusional. Already the
economy is suffering from what can only be described as a depression with economic
output around 30% below levels recorded at the start of 2008. And the more
output is depressed, the less likely it is that the economy will be able to
generate the revenue to ease the fiscal situation. This is, of course, not
news. Most economists see no way out of the debt trap into which Greece has
sunk. But the EU continues to believe that more of the same medicine needs to
be applied, which of course is nonsense.
Such is the IMF’s disquiet over the situation that there is
a real threat it will not participate in the next round of the Greek bailout
package, as it believes this is simply to throw good money after bad. But if it
were not to participate this would put Germany in an awkward position because
it has insisted on IMF participation, largely because it does not trust its
fellow EU partners to sustain the pressure on Greece to reform. Moreover, with crucial
elections scheduled this year in the Netherlands, France and Germany, the
window of opportunity to agree the next stage of the bailout package appears to
be closing without the IMF’s support.
We have been through this Greek tragedy on a number of occasions,
with the fraught summers of 2012 and 2015 still very fresh in the memory. The
good news is that at least the Greek economy is not contracting further and it
is posting a primary surplus (i.e. excluding debt interest payments). But this
has only been achieved at great cost to the economy and people of Greece, and
it cannot be sustained on the multi-year horizon that the EU desires. There are
some things that the Greek government could do, of course. For one thing, it could
ensure that citizens pay the taxes which they owe, which amongst other things
would involve a clampdown on the shadow economy which some academic estimates
suggest equates to 25% of official GDP estimates – the highest in the EU. The
IMF adds that Greece also needs pension reform and should impose a safety net
to help those most affected by the recent crisis.
But this is in many ways to miss the point: All this should
have been done years ago. Indeed, my own estimates, produced in a 2014 paper, reckoned
that even if the government had taxed only 25% of shadow activity starting in
1999, this would have been sufficient to reduce the debt burden by 40% of GDP
and would have put the economy in a much better starting point when the crisis
finally struck.
However, we are where we are, and the issue now is where do
we go from here? For the last five years I have advocated substantial debt
relief. Without it, the problems Greece has faced will not only recur but they
will get worse. It is questionable whether other EMU partners will allow such
relief. But rather than writing off debt completely, as is often suggested, perhaps
one thing that could be considered is the establishment of a sinking fund. This
would allow Greece to transfer a substantial proportion of its debt to an
off-balance sheet fund which has no designated repayment date. In this way,
Greece can focus on the remaining debt (whether it be half, or two-thirds) and
not have to worry about the rest. It can set aside modest amounts, as and when finances
allow, in order that over a multi-decade (or even multi-century) horizon, the
debt burden is gradually run down. After all, it is a strategy which worked for
the UK in the eighteenth century.
Alas, few investors will buy undated Greek consols, so the
fund would have to be guaranteed by a body such as the ECB. But this would lay
it open to the charge of monetary debt financing which is expressly prohibited
by the Maastricht Treaty. Alternatively the IMF could step in, but given disquiet
about its current role, that seems unlikely. But something must be done – and soon.
If German public opinion further turns against granting aid to Greece, Grexit
will once more become a reality.
Indeed, with Brexit now being set in motion, perhaps EMU
members will be less willing to provide the support to maintain the integrity
of monetary union than they were even two years ago. For all its tricky
relationship with the EU, the UK is after all a net contributor to the budget and
questions will be raised about why support is being provided to those which do
not bring as much to the party. But if EMU countries wish to preserve their currency
union, they will have to start thinking outside of the box or it will go the
way of all such unions.
All social and economic systems are based on rules. Some are
necessary, some merely irksome, but they are all designed with a purpose in
mind. All advanced societies live by a code designed to preserve social order,
which is a prerequisite for economic advancement. Anarchic systems tend not to
last long.
I was struck by this thought yesterday, following the UK
Supreme Court’s ruling that parliament must be allowed to vote before the Article
50 legislation triggering Brexit is enacted. There are those who may disagree
with the court’s ruling. Others may question whether it was necessary that the
whole episode should have required legal involvement in the first place. After
all, it would have been simple enough for the government to have acquiesced to
demands for a vote, whilst preparing a pared down bill which parliament would
find very difficult to reject – something that the government will now have to do
anyway. But it is important to recognise that under English law, the courts exist
to enact the law which is designed in parliament. The judgment handed down
yesterday made it clear that the Supreme Court has no wish (or indeed, power) to
rule on whether Brexit is a good or bad thing for the UK. It merely ruled that
legislation put in place by parliament can only be repealed by parliament.
It was thus extraordinary to hear Iain Duncan Smith, a prominent
eurosceptic MP – indeed a former leader of the Conservative Party – say in a radio
interview: “There’s also the issue about
who is supreme – Parliament or a self-appointed court ... I’m disappointed
they've tried to tell Parliament how to run its business. They've stepped into
new territory where they've actually told Parliament not just that they should
do something but actually what they should do. I think that leads further down
the road to real constitutional issues about who is supreme in this role.”
Rarely, if ever, have I heard a more crass statement from a
British politician. It demonstrates a lack of understanding of how the UK
judicial process works, which in itself is worrying from a lawmaker. As the writer
of The Secret Barrister blog noted on Twitter “There's no issue
about who is supreme between Parliament and Supreme Court. It’s Parliament. The
Court expressly did not tell Parliament how to run its business. It clarified
what it could not do unilaterally. The Supreme Court is not self-appointed. It
was established by Parliament by section 23 of the Constitutional Reform Act 2005.”
My own reaction was to question in what way a parliament, that his government
wanted to be kept out of the process in the first place, was being told how to
act? And the irony must have escaped him that somehow allowing parliament to demonstrate
its sovereignty was a means of taking control that surely his Brexit campaign
had been about all along?
But this goes to the heart of a deeper economic, and indeed
social, problem. There is often a fundamental misunderstanding of the rules which
are in place; why they are in place and the consequences of not adhering to
them. To give a simple economic example, many people know that the Maastricht
Treaty of 1992 specified that members of the single currency should ensure that
their public deficit on an annual basis be kept below 3% of GDP. Fewer people
know that this apparently arbitrary figure is based on the desire to stabilise
the long-term debt-to-GDP ratio at 60% under the assumption that nominal GDP
grows at a rate of 5% per annum (60% x 5% = 3%). Fewer still realise that if
GDP growth slows, governments have to run an even tighter fiscal stance to
stabilise the long-run debt ratio at 60%. Thus if growth were to permanently slow
to 4%, this would require maintaining a deficit ratio of 2.4% (60% x 4% = 2.4%).
Alternatively, governments will be required to run higher debt limits (a 3% deficit
limit and 4% growth would allow governments to stabilise debt ratios only at
75% of GDP). Either way, the 3% deficit threshold has become an article of
faith to be adhered to at all times, even though it is no longer appropriate in
the current low growth environment.
As it happens, the consequences of failing to adhere to the fiscal
targets are not particularly dramatic. But the fact that they are believed to
be so has prompted EMU countries to embark upon a damaging round of fiscal
austerity. The consequences of IDS’s failing to understand the nature of the English
legal system are manifestly more worrying. Like a series of Chinese whispers,
they are repeated until they become an article of faith which begins to undermine
the basis of the legal framework and erodes trust in experts and institutions. This
is how post truth societies emerge and gives rise to the series of untruths (or
alternative facts) upon which the case for Brexit was made.
They say that rules exist for the obedience of fools and the
guidance of wise men. But both fools and wise men need to know why the rules
are there in the first place, or we all end up looking like fools.