A couple of past statements by Treasurer Scott Morrison now look particularly silly after yesterday’s catastrophic royal commission hearing into AMP.
One was just two weeks ago, when — still in “we don’t need no stinkin’ royal commission” mode — he said the commission had so failed to produce anything the government didn’t know. One wonders if he still thinks that. Did he know that AMP had lied over 20 times to ASIC? That it had a deliberate policy to keep charging clients for advice even when they weren’t receiving any advice, nor was there any adviser to provide it? That AMP knew this was illegal but did it anyway? That the board grossly interfered with an report by a law firm (Clayton Utz, which was apparently fine with the whole process) into the matter that it then presented as “independent” to ASIC? Funny, he stayed awfully quiet about it if he did.
The other is more than a cheap gotcha.
In the government’s failed campaign against a royal commission, Morrison and other ministers insisted that it was unnecessary because the Australian Securities and Investments Commission had the powers of a standing royal commission “and more”. We’ve barely got a couple of months into the hearings and a recommendation to expand ASIC’s powers is already being mooted — specifically, to enable ASIC to direct companies about how to compensate their victims when they pull stunts like AMP and the big four banks have.
The problem goes deeper. AMP evidently thought nothing of lying to ASIC. As teased out at yesterday’s hearing, AMP lied to ASIC over 20 times about charging fees for no service — in particular, trying to convince the regulator it was just an “administrative error” rather than what it was: a deliberate policy undertaken by senior management in full knowledge it was against the law. They even initially lied to the victims when they decided to refund some charges.
The reason some of the most senior people in AMP did this is because they were totally unafraid of ASIC, which lacks both the punitive options to make companies and individual executives and directors fear its wrath, and the willingness to use them. Despite the stunning revelations that had emerged from the royal commission so far, ASIC’s new chairman, James Shipton, appointed by Morrison, is still talking about letting major financial corporations fix their own culture, while the regulator will merely “stand ready” to act. There’s no point in giving a wet lettuce-wielder like Shipton more power if he’s simply not interested in using it.
In the United States, Wells Fargo last week revealed it had to set aside US$1 billion to cover likely fines for selling automotive insurance people didn’t need and other misconduct. That’s on top of the US$185 million fine the bank paid for its fake account scam last year. And the US Federal Reserve took the extraordinary step in freezing Wells Fargo’s balance sheet at end 2017 levels and ordered the bank to sack four directors. By now, more than half the WF board, including its chair and longest serving directors, have been dumped. And in the US, even minor lies to the Securities and Exchange Commission can get you a stint in prison, asset forfeiture and a permanent ban from engaging in business.
In the absence of such powers, AMP’s board should resign forthwith. They have no credibility with regulators, the public or the markets. After all, if you’ve lied to ASIC, who else have you lied to?
Former ASIC chairman Greg Medcraft, who was only a belated convert to the cause of regulatory aggression, at least called for an end to ASIC’s current ability to levy only piddling fines, and wanted to be able to fine banks the entire profit from any dodgy dealing. The regulator needs to be able to come after the likes of AMP and the big banks with billion-dollar fines and the threat that executives and board members could wind up doing a stint behind bars if they’re not forthcoming to investigators. And it needs a chair and an executive that is willing to use such powers.
But then, Scott Morrison already knows that, apparently.
>In the absence of such powers, AMP’s board should resign forthwith.
I think you meant that the ASIC board should resign forthwith.
From reading the paragraph he meant AMP. However if ASIC has a board they should as well – good idea, thanks for the suggestion.
Each session of the RC seems to provide a new “jaw on the floor” moment.
I guess the senior execs just don’t think it really matters what they say.
They’ve routinely spouted cant and BS at the media and ASIC for years and never had any real blowback. It would be fascinating to see how they’d react, if Labor should happen to win a federal election before the RC finishes.
Such sweet schadenfreude. 🙂
You are assuming that Labor has the will, never mind the courage, to do the right thing.
That is quite heroic.
Labor people with a long memory can recall the Insurance companies’ campaign against the proposed Australian Government Insurance Corporation in 1975. The Hawke government did not revive the plan.
Labor has been leading the charge for the banking RC for ages, and the banks have literally bankrolled attack ads against Labor, so… um, I’m confident they will put the boot in.
… aahhhh, that’s so sweet. Unicorns & magic ponies for all.
Remind me again, who was the architect of the policy of encouraging BigBanksterism, selling off the Commonwealth and allowing thatcherism to run riot in the 80s.
Foulmouthed, skinny bloke, too dumb to realise he was being snowed by Treasury and too eager to get his knees under the big table to give a flying for the Labor.
what is the Yes Minister expression?
I’m inclined to agree Paddy, except about the jaw on the floor commentary. 20+ years of stories have come out that clearly showed the financial sector had ‘gone rogue’, and I would have called the RC a sham if it didn’t flush out these turds. I’m expecting more horror stories up to the end of the year, things that you couldn’t and wouldn’t believe were happening, because people just assume others to not be complete and utter avaricious bastards, and they are wrong across the Finance, Insurance and Real Estate sectors. (FIRE)
What I really want to see is the Royal Commission extended at least another 6 months, for jail terms for false declarations to the regulators, for a summary abandonment of the current regulators and a complete re-think with the assumption that where large pots of money aggregate you will find the most egregious and dastardly of human beings.
Jail time is required, and not at the extreme end, for mid-level corruption and upwards, and huge fines for companies and any directors found wanting in their social licence.
Buggers, all of them.
ASIC with teeth and determination would be great, but a Federal ICAC is desperately needed too…..you have to wonder whether blatant liars like Morrison and Turnbull were getting kickbacks somehow to fend off the RC.
The Australian clearing banks are an oligopoly. The size of our Four Pillars combined now exceeds the market cap of all the banks of Europe combined. How did it get that way? Absence of competition and absence of regulation. As once said, “What’s the point of market power if you don’t abuse it?”
The only surprises from the banking inquiry are the details. The culture of oligopolies will always produce ripoffs… see supermarkets, airlines, utilities, communications carriers.
ASIC has always had power to investigate and expose. Its shortcomings in penalties and sanctions are no excuse for inaction.
The responsibility for inaction and the resultant ripoff culture lies firmly with ministers.
When the banks asked government to guarantee deposits at the height of the GFC, that was necessary because “reserve deposits” were insufficient to withstand a run of customer withdrawals. The banks had promptly loaned the funds of all savers to finance home-buying at inflated prices. Can you believe the government gave them that guarantee for free? Yes, Australian savers subsidised bank shareholders by government decision. I want my money back. Now.
It is odd to hear so many top executives in the finance rip-off sector, required on oath to tell the truth, squirm and equivocate and try the usual obfuscation which has served so well for decades being brought to heel by the simple, forensic questions of various Counsel Assisting.
It even makes me feel that perhaps lawyers do have some function other than worm feed.