As we’ve become more aware of how the processes of state capture have played out in Australian politics, different varieties of the form have become apparent, representing evolutionary adaptations to particular political environments.
The most common form has been the ability of powerful industries — fossil fuels, arms, banking, gambling — to capture regulators, strongly influence politicians at state and federal levels through donations and revolving-door jobs, and control media coverage and public debate in their interests.
This is the default form of the phenomenon. Let’s call this your vanilla state capture.
We’ve also seen a more specialised and successful form of state capture represented by Queensland Labor-aligned lobbyists Cameron Milner and Evan Moorhead, who, until the Queensland government curbed their activities, combined senior roles as Labor campaign strategists and lobbying for corporate clients.
Recently colleague David Hardaker explored the perfection of this model on the other side of politics in C|T Group, as known as Crosby Textor. In this integrated model, lobbyists and government affairs executives are replaced with a seamless intra-government transmission point between the desires of the corporate client and the operation of that government. This is best described as state capture from within.
The big four consulting firms have pursued their own variant over the past decade, taking advantage of a Coalition government that — except for a brief period under Malcolm Turnbull — distrusted, if not despised, public servants and shifted core policymaking into ministerial offices, with departments expected to merely implement policies and provide bureaucratic cover for the incompetence, clientelism and corruption that reached their nadir under Scott Morrison.
In such an environment, the consulting arms of the big four were ideally placed, coming with a global brand and yet perfectly willing to tell their clients whatever they wanted to hear, usually dressed up with graphs, footnotes and cutting-edge PowerPoint graphics. The Commonwealth annual spend on consultants duly more than doubled to nearly $900 million in the last days of the Morrison shambles.
The big four also became big political donors, handing millions of dollars to the major parties over the same period, which made them, in the latter part of the 2010s, one of the biggest industry sources of donations, along with gambling and banking. Donations provide access to policymakers and flag a company’s willingness to meet the first part of the political game called Pay To Play. The more donations, the more access.
This is a different model than state capture from within: operating at the ministerial office level rather than party HQ level, it lacks the deep insider status of C|T in the Liberal Party or Cameron Milner within Queensland Labor, from where policy can be influenced directly. But it has the global branding and “policy” resources of a multinational consulting firm — policy in the sense of dressing up what someone wants to be told in a pretence of rigour.
The product of this form of state capture is less direct influence on politicians to the benefit of the consulting firm — after all, they’re telling policymakers what they want to hear — and more information and influence on behalf of other clients. It’s a halfway point between vanilla state capture and state capture from within.
This, arguably, is why PwC so spectacularly came a cropper as a result of the leaking, and attempted exploitation, of confidential draft changes to multinational tax laws. It wasn’t PwC’s consulting arm that was involved, but its tax planners were acting in a consultative capacity in being asked for advice by Treasury on planned tax changes. Senior figures within PwC thought it appropriate to exploit this information for the benefit of other clients and the firm itself, a decision that ended up severely damaging the firm and embarrassing some of the tech multinationals the firm tried to market its advice to.
Contrast that with the behaviour of large fossil fuel companies faced with the prospect of the government ending one of the biggest company tax rorts in Australian history, the petroleum resource rent tax, which failed to generate any real increase in tax revenue compared to levels prior to the gas export boom of the last decade. Fossil fuel companies were able to negotiate the increase down to an additional $2.4 billion over forward estimates — much of that merely the bringing forward of tax that would have been paid in any event in later years.
The failure of Labor to substantially improve what is widely seen as a badly broken tax was the result of lobbying by major political donors Woodside, Santos and multinational Chevron. Their lobbying was so successful that Woodside’s outlook was actually upgraded the day after the budget. The companies effectively deployed the WA Labor government — closely aligned with the fossil fuel companies that dominate the state economy (former WA Labor treasurer Ben Wyatt is a Woodside board member) in the negotiations with the Albanese government — to assist in the task. As Phillip Coorey wisely pointed out, the Albanese government’s determination to hold its hard-won WA seats was a factor in going easy on the companies.
When it comes to securing positive tax outcomes from governments, the fossil fuel industry remains deeply and successfully embedded within government, regardless of the change in the party in charge in Canberra. In contrast, PwC’s decision that it, rather than the treasurer and prime minister, should be the one handing out generous tax treatment when the government was looking for more revenue, was a fatal error. PwC confused state capture with becoming the state itself.
Now PwC is on the outer, and likely to remain there for quite some time, with a pariah status that corporate clients eager to exploit its once-close connection with government will not overlook. Time for a new model to reclaim its power, perhaps.
The most genuinely wealthy country on earth must surely be Norway for its dedication to channeling its energy wealth into their sovereign wealth fund, at the expense of the transnational investors. National long term interest over global short term greed.
National contentment Americans could only dream of.
That form of national self actuation is precisely what America sought to snuff out after WWII, in the period of history known as the Cold War.
The UN Charter had guaranteed that all former colonised nations had the right to self-determination. But in practise, any country that sought to further its own national interests though the actions of a democratically elected popular leader who asserted sovereign rights to land, minerals, oil or agriculture, soon found itself the subject of regime change, through covert and overt actions funded by the United States.
In Iran, the democratically elected prime minister Muhammad Mosadeggh was toppled by a coup when he sought to take oil rights back from the British for the Iranian people. But the oil rights didn’t just stay with British oil companies. Rokefeller’s Standard Oil got 40% of the rights because the coup was masterminded by its former lawyer, Eisenhower’s CIA head Allen Dulles, the brother of US secretary of state John Foster Dulles.
In Guatamala, when democratically elected president Jacabo Arbenz passed land reform legislation in the parliament, he was ousted in a coup and replaced by a brutal dictator who killed hundreds of thousands of Guatamalans. Arbenz’s land reford legislation was mild – he offered to pay multi-nationals book value for land that they had left fallow (to ensure no competitors arose to compete against a Boston corporation’s monopoly). The punch line is that the “book value” was only $1 an acre, because such a low valuation enabled the United Fruit Company to pay little tax. After the coup, it paid no tax.
The same happened in Chile, Vietnam, Congo, Nicaragua, Honduras, Indonesia, West Papua…
West Papua alone has more mineral wealth than all of Norway, and could afford to buy Norway’s sovereign wealth fund, if only the money from its gold, copper and oil deposits had gone to the people of West Papua, as provided for in the UN Charter. Instead, this wealth has gone to corporations headquartered in Arizona and New Jersey.
In your list of countries where the ‘same happened’ thanks to US interference you could have included Australia in 1975, although that example is distinguished from the others by the lack of bloodshed when the government was overthrown. Something to be thankful for.
I’ve pointed this out before, but it is giving too much credit to those industries to say they capture their regulators. It suggests they had to make an effort. In fact the regulators are handed to them on a plate. The regulators are set up to cooperate with those they regulate, to work in hand in hand and develop dependency. They have inadequate regulations and enforcement powers, staff recruited with little or no enforcement experience but instead experience in the industry they are supposed to regulate (so they naturally perform like consultants rather than attempting any enforcement), and too few resources to cover much more than the minimum routine activities. Ministers insist on ‘regulation with a light touch’ and ‘partnership’ with the regulated, which is the opposite of independence and rigorous enforcement, and they appoint like-minded people to the top positions in the regulatory agencies to ensure nobody in the agency runs amok and causes embarrassment by any robust action.
That sounds like what I’m experiencing with the Legal Services Commission in my state.
A lawyer overcharged us $150,000 in what was estimated to be a $90,000 matter.
It cost us another $50,000 to get a court appointed cost assessor to determine the quantum of overcharging, which is the basis now of a court order. But the lawyer simply refuses to pay.
Our choices? We have to sue him, which will cost an estimated minimum of $100,000 more. Or we can walk away. Or we can report him to the LSC, which is what we have done.
The LSC has done… nothing.
The implications of this boggle my mind. It means a lawyer can charge a client whatever he/she likes, and the client must pay, or else the lawyer can recover the bogusly billed amount through the courts.
It’s taken me 10 years, but now I realise why people always told me never to litigate, even when 100% legally in the right.
Once you sign an agreement for a lawyer to represent you, the lawyer can do anything to you. You are only protected if you have aought money to hire another lawyer.
In this case, I am talking about our 4th lawyer.
The LSC, after a 1 year invetigation, determined that we had proven two counts of professional misconduct against the first lawyer, who overcharged us $60,000 beyond his $30,000 cost estimate, which he never updated.
After the 1 year LSC investigation, the LSC handed the matter over to its enforcement division. After 11 months of non-action, we received a letter from the acting head of the LSC saying it would not be in the public interest to proceed.
Agree, also suggests that it’s simply a local or organic dynamic or phenomenon, but ignores the source of tactics, strategy, words, agitprop and ideology, that is also observed elsewhere especially the US and UK? Suggesting it’s partly or mostly inspired form offshore and imported.
The comment bot….
Cannot post a single anodyne sentence?
Suggests that it’s not simply a local or organic dynamic or phenomenon, but ignores the source of tactics, strategy, words and ideology, that is also observed elsewhere especially the US and UK?
The similarity of these external “advisory” firms to the dreaded hydatid disease is compelling. An infectious agent invades a healthy body and reproduces unseen, establishing large cysts in which breed more juvenile agents. With few external symptoms, cysts sequester the body’s nutrients and can grow so large they displace essential organs eventually impairing the function of the host. The only hope is immediate surgical removal of the cysts while taking extreme care not to release the infectious agents contained within them.
They have infected our universities and other institutions also. The scale of surgery needed will be heroic indeed.
The patient is a goner.
During the furore about PWC, that consulting firm tried to dismiss the abuse of privileged tax information by saying it only billed $2.5 million in fees to clients who received the possibly illegal information.
But how much tax did the clients avoid? That is the real cost to voters of this particular piece of capture.
Who will investigate and tell us?
Michael West has been banging this particular drum for at least ten years, covering the shameless actions of the Big Four……………
………after the recent shock horror discovery of what was happening in plain sight by the MSM, the ATO is reluctantly being forced to take action.
https://michaelwest.com.au/anatomy-of-a-cover-up-whistleblower-warned-pwc-and-lendlease-of-1b-tax-scam/
In the UK, Private Eye has been onto it for decades. Also, the Arthur Andersen debacle at Enron provided more than enough clear evidence to justify putting a stop to the calamitous conflicted activities of the Big Four, but of course it was all swept under the rug and business went on as usual after a few scapegoats were thrown to the lions.
Oh wow. I follow that Enron scandal, and it’s only 20 odd years ago. And yet, I’d forgotten the detail you mention, SSR, about Arthur Andersen.
I’d completely forgotten.
So I looked at wikipedia, which tells me
Anyone who wants an earlier spectacular example of state capture might take a look at the East India Company at its peak in relation to the UK government. After a very shaky start in its early decades after being founded in 1603 as one of the first ever joint stock companies, it rose to the position of running as company assets to be mercilessly stripped for shareholder dividends just about all of what is now India, Pakistan and Bangla Desh, as well as some other strategically useful ports along its shipping routes. It had its own army, larger than the British Army, and more ships than the Royal Navy, though these were generally well-armed merchant ships. For much of this time the UK parliament was dominated by MPs who had either retired with their fortunes after service with the East India Company, or else were shareholders. The world’s first corporate lobbying scandal broke in 1693 when the Company was discovered using its shares to buy useful MPs and ministers, handing each of them £1,200 a year. (At least that scandal was taken seriously; the Company’s governor went to prison, although the Company’s influence over parliament was unbroken.) As one director put it, the Company was ‘an Empire within an Empire’. In another echo of current times, when the Company blundered badly into serious financial trouble, it was always bailed out by British tax-payers, until finally the Company lost control of India in 1858 in the aftermath of the horrors of the Indian Rebellion, after which India was part of the British Empire until 1947.