THE LAST DITCH

I said I was afraid of how the separation of Scotland from the United Kingdom would be handled by our political leaders. Already the difficulties begin to become clear. As presented by the BBC and other leftish media yesterday, two things happened. Firstly, the money fairies expressed concern about the status of the UK's debts after Scottish independence. Secondly, the UK government assured them it would continue to be liable.

Alex Salmond chortled openly. The UK's negotiators had just weakened their position. Others attempted to explain that the assurances given to creditors did not mean an independent Scotland would walk away from its share of debt, but rather that the share-out of liabilities would have to be structured. This is far too complicated for most observers to grasp and so we are left with the overall impression that "Scot-free" may be a justified slur.

This neatly illustrates the current situation in the independence "debate". The SNP states the benefits of independence (both real and imaginary) almost entirely unchallenged. The Unionists fail to express their positions for fear of antagonising the famously touchy Scottish electorate by appearing to demean or to threaten them.

Because only one part of the Union is being allowed to vote on its future, the continuing UK (cUK) is positioned as a suitor. In such a sitution, you woo with flowers, meals and gifts – not hard explanations of financial reality. Hence the Scots are getting no explanation of the financial consequences of independence, but the likes of Gordon Brown are offering them new gifts to stay. The interests of the majority of citizens of the cUK who want the Scots to go are – it goes without saying – being thoroughly trashed by both sides.

Our creditors are bound to be considering the implications for them of independence, just as they would if a private sector borrower were in the process of dividing its business. If their debtor was a conglomerate, they might ask such questions as "when the Whisky and Tourism division separates from the Finance and Engineering business, will the two parts be new debtors, refinancing the entire debt, or will the smaller business be spun off with new debt raised to pay off a share of the old?" Or "Will the new owners pay a higher price to have the company debt-free so that we can be repaid from the increased equity?" 

Their questions will be similar in the case of the UK's sovereign debt. Uncertainty has a price and I suspect they have told HM Treasury that unless the post separation debt structure is clarified, they will start to charge the UK more today. HMG is constantly borrowing to bridge the deficit between its income and outgoings. The UK's credit rating was already downgraded last year. If lenders are nervous to lend to an entity they know well, imagine their nervousness about major change. 

In an ideal world, the two entitites would walk away with their fair share of the debt by dividing it in the same way they will divide assets. But the creditors will have a say in that. They have no obligation to consent to a division and are entitled to a say on the terms. For example, the BBC (without comment or explanation of the implications) interviewed a fund manager yesterday who stated the blindingly obvious fact that Scotland will have to pay higher interest on its debts. He explained politely that this would reflect its status as "a new borrower". In truth he and his colleagues have every right to be concerned about the prudence of the new government of a nation distinguished by an almost total absence of fiscal conservatives. 

So to achieve a fair result, the UK's sovereign debt will have to be re-structured. I would personally favour a total refinancing, because I would like the cUK to benefit from reduced interest rates. However, the most likely approach is that new debt will have to be issued to an independent Scotland to repay its share of the UK debt. That new debt will be at higher rates and there is nothing in the propaganda published by the SNP to suggest that an independent Scotland's leaders have given any thought as to how to service it. Salmond's stupidly gleeful reaction to the Treasury's statement of the bleeding obvious yesterday rather suggests the contrary.

I have tried to compare the situation with a corporate restructuring but perhaps that's too dry an example? Imagine how rapid a divorce would be if the parties got their decree absolute without first resolving the financial terms. Human nature being what it is, each spouse would imagine a favourable outcome from the negotiation. The spouse with the greater sense of entitled victimhood would be the more disappointed. Fair enough, but imagine how messy the settlement negotiations would be, how long they would last and how acrimonious they would become.

It was an insanely stupid political decision to allow a referendum without first agreeing the terms of independence. I don't fear independence per se – in fact, like most English people, I would welcome it on fair terms - but I fear the consequences of that stupidity for both sides and I don't trust my own leaders not to do something truly insane like guarantee the debts of a new Scotland.

9 responses to “Of Bonnie Scotland and her debts”

  1. SimonF Avatar
    SimonF

    A thoughtful piece, thank you for putting it so clearly.

    Like

  2. Tom Avatar

    I took special care, as you can imagine. Sadly, no-one (except I hope the civil servants at HM Treasury and I am not sure about them) is thinking about this in anything but emotional terms.
    The practical outcome of independence negotiations cannot possibly live up to the Scottish fantasy of life without England. The bad things in Scottish lives do not all originate south of the border as they imagine. Their productivity is low and only a minority of Scottish taxpayers pay more in tax than they take out in benefits. This isn’t as bad as it sounds by the way as its also true of many English regions. The whole socialist mess of the UK is based – to generalise crudely and pace many honourable exceptions – upon subsidies from London and the South-East to the rest. The part of the UK that should logically be declaring independence is the City. I would man the barricades for that!
    This situation is not the fault of ordinary Scottish voters. They didn’t ask for it. They simply failed (and who among us would not) to decline the bribes offered them by Labour (to secure a majority in the UK parliament it could never have without them) and the SNP (to buy their support for independence).
    Many productive Scots are living and working abroad. I number several of them among my friends and they will quietly accept over a dram that – much though they love Scotland (as do I, by the way) – in their economic lives they are refugees from a extremely Socialist place where many voters – perhaps a majority – have come to equate business with crime. Their grasp of free market economics is tenuous – ironically given that a brilliant Scotsman first explained them.
    The government of an independent Scotland will be forced over the years to introduce its voters to economic reality. but I am very worried that – in order perhaps to avoid destabilising the cUK credit ratings – England will make them some final gifts to go away quietly so they are left with a false impression of the initial success of independence. By the time the realities kick in, some hapless future government in Edinburgh will be blamed and that rogue Salmond will be remembered with affection.
    If you google around on this issue you will find lots of hare-brained Scots firebrands saying “we never voted for this debt” (clearly untrue since they have consistently voted for parties offering greater unfunded benefits). If Salmond can sustain that stance, the cUK’s taxpayers could end up thoroughly stuffed. The logical fallacy here seems to be that they conveniently forget Scotland is not currently an independent economic entity.
    One final concern. A greater proportion of Scots are engaged in the public sector up to and including Whitehall. Since so many of them depend on it for their living at all levels of Scottish society, this can hardly be a surprise. Danny Alexander at the Treasury for example is a disturbing person – from an English perspective – to be making announcements on liabilities to debt post-independence. Which side of the negotiations will he be on, I wonder?
    Our government has – in a sense – been thoroughly infiltrated and there is a danger that we will be betrayed. That’s another reason why I fear not independence on a fair basis, but the danger of our being ripped off. The process will have an effect on the outcome and I fear HMG has made its first big mistake by refusing to negotiate the terms in advance of the referendum.

    Like

  3. Damo Avatar
    Damo

    AFAIK, Mr Salmond wants to keep sterling and become members of the EU.
    I can’t see the Bank of England agreeing on the first, and Spain will definitely veto the second.

    Like

  4. MickC Avatar
    MickC

    Surely you have it the wrong way round with regard to the City of London?
    The UK taxpayer has provided massive subsidies to the City of London, or it would have collapsed, wouldn’t it?
    Haven’t the denizens of the City “mis-sold” (a nice PC euphemism for fraud) crap “products” to the UKs citizens?
    Hasn’t the taxpayer been ripped off by the “expert” mis-pricing of Royal Mail?
    And we probably shouldn’t even mention the fees for IPOs. Or the fees for (non) performance by “fund managers”- Hargreaves Lansdowns new fee “structure” being the current example.
    By all means let the City become independent-it would collapse within a year if it hadn’t the captive market of the UK.
    It is a fine example of the British disease of actually not being very good, whilst pretending to be the best there is.
    Indeed hasn’t your own experience of your clients thinking you “not to be very English”, made that precise point?
    Sorry, bit of a rant!

    Like

  5. Tom Avatar

    I disagree entirely. The bailout should never have happened (and would never have been even arguably necessary if not for moral jeopardy powered by government). The City does not just serve the UK, which is a relatively trivial market. New York is a national stock market based on the power of the US economy. You surely don't imagine the City (almost as big) is the UK's equivalent? It is the market for the rest of the world and remains so largely because of the perceived fairness, incorruptibility and predictability of English Law.
    Relatively few people in the City (apart from messengers, secretaries, lawyers, accountants and security guys) are English. Academic standards in practical subjects are simply not high enough among English students. Our Marxist universities produce highly intelligent ENEMIES of commerce, finance and business (like the broadcasters and journalists who have led you to think as you do) which is why the only English in the City are rough barrow boy types made good like me. No, we  don't seem English to foreigners who think that soft-brained, doe-eyed, floppy-haired Hugh Grant types are "typical". Blame BBC Worldwide for that. 
    My City clients were German, French, American, Irish – anything but Soviet English, thank God. 
    You are welcome to rant here any time. Make yourself at home! I may have overstated a little in response but I stand by the essence of the above. 

    Like

  6. Tom Avatar

    New Scotland can use the pound if it wants just as we could choose to use the dollar. Impertinently what Salmond wants is a seat on the monetary committee of the Bank of England. As you say, not a runner. And the UK – as one of only three consistent net contributors to the EU budget – should join Spain in that veto. It’s simply not in our interests to add another net taker. Besides – they want to be independent, don’t they – not to suckle at a new teat?
    Seriously, the new economies of Eastern Europe were required to demonstrate they could stand alone economically before they were considered for EU membership. Scotland should do the same, not least as the last time it was independent it was a failed state.

    Like

  7. MickC Avatar
    MickC

    Yes, the essence of what you say is what I also believed at one point. However, as with most things which are hyped by the MSM, the reality has proved somewhat different.
    The “masters of the universe” proved to be just another set of con artists and spivs. (interesting that by their slang shall ye know them-“barrow boys” and “spivs” mark us both out as being of “a certain age”!)
    “my word is my bond” is entirely valid only if in writing nowadays (was it ever otherwise, one wonders).
    I entirely agree that the banks should not have been bailed out-but it was always going to happen, hence my view that if it had to stand on its own, without the guarantee of the UK taxpayer, the City would collapse. I don’t have any figures as to how much “overseas” trade the City does (yes, I know it dwarfs the UK trade) but without the guarantee, there would likely be none. Why would there be?
    Surely the reason for foreigners choosing to trade here was that “Big Bang” introduced lax regulation in the City-and allowed the traders who previously bore their own risks to become part of banks with the UK guarantee behind them. That also meant that the US then had to repeal Glass-Steagall to compete. I know Nigel Lawson has said that the Tory government didn’t understand at the time that would be the result. I believe Tebbit has said something similar.
    I actually don’t want to be saying any of the above, because my beliefs are similar to yours, I think. But looking at the reality rather takes the gilt off that gingerbread!
    Incidentally, I think the point you previously made about “Englishness” was that when you were in business, you gave a quote and stuck to it, rather than giving a low quote to get the business and then increased the fees, at billing stage. Your clients were surprised, as that was not general English practice.
    What the UK is supremely good at, of course, is PR-otherwise known as “bullshit”! It allowed us to dominate the world during the “long 19th Century”-and we (including the City, I think) have traded on it ever since.
    Of course, it may well be that I am just an old cynic!

    Like

  8. Tom Avatar

    We are both old cynics, I suspect. If you get to our age without that, then you were probably always a fool. Most of my clients were either city types dealing with foreigners or vice versa and none of the latter were consciously relying on the UK equivalent of the "Greenspan Put". They were sophisticated investors or lenders who were relying mostly on the sophistication of English Law in ensuring that if things went wrong, they would lose out fairly compared to other losers. That's an advantage not only over lawless, or less well lawed states, but even over the US of A where the courts are currently engaged in a disgusting jamboree of fraud at the expense of BP's investors (probably including you through your pensions and life assurance). My former international clients understand risk. They don't fear it, they price it. They don't expect Nanny to make all better if they price it wrongly, 
    I smiled at your "lax regulation' comment. The City was MORE trusted (and rightly so) in the "my word is my bond" days. Regulation is itself a moral hazard. If I can extract from your words one excellent point that you were not trying to make, it is appalling that Gordon Brown effectively stood behind a banking market that is of much benefit to us as a source of revenue, but has little else directly to do with the rest of the UK economy. At least the bailout in the States involved Americans bailing out (wrongly in my view) other Americans. The British taxpayers bailed out the Swiss, the French, the Germans etc. Being the host of the world's financial market doesn't include the same obligations as hosting the world's bankers and investors socially. We don't have to lay on drinks or nibbles and -honestly- they are as bemused as they are amused that we think we do.

    Like

  9. MickC Avatar
    MickC

    I very much enjoyed your response-particularly your first two sentences, which I will now plagiarise mercilessly.
    Coincidentally, “The Cynical Tendency” blog has a post about Shadow Banking, with a reference to “Rowan’s Blog”. Both are well worth reading. Rowan in particular is high in the ranks of us cynics.
    As a final comment, I entirely accept that the era when “my word was my bond” was one when the City could be more trusted. I think that was probably an instance of social pressure being effective. The City at that time was dominated and run by a very small group of a particular class. Offending against the unspoken rules would ensure exclusion from that class and its pleasures- a fate none wanted.

    Like

Leave a comment

Tom is a retired international lawyer. He was a partner in a City of London law firm and spent almost twenty years abroad serving clients from all over the world.

Returning to London on retirement in 2011, he was dismayed to discover how much liberty had been lost in the UK while he was away.

He’s a classical liberal (libertarian, if you must) who, like his illustrious namesake, considers that

“…government even in its best state is but a necessary evil; in its worst state an intolerable one.”

Latest comments
  1. Lord T's avatar
  2. tom.paine's avatar
  3. Lord T's avatar
  4. tom.paine's avatar
  5. Lord T's avatar