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Showing posts with label Corporate Corruption. Show all posts
Showing posts with label Corporate Corruption. Show all posts

20130726

Citizens beware! The new private bureaucrats, the crime, the corruption and the red-tapism


For many years, we blamed the government and the government organizations for being inefficient, complex and corrupt. We adored Max Weber for appropriately applying the word bureaucracy and spoiled the reputation of this nomenclature by attributing to anyone and anything that are adamant, stoic, apathetic and irresponsive. Inevitable regulatory system imprisoned the government officials inside an iron cage giving them peanuts. But the smarties lavishly feasted encashing on the nuances and nuisances of the laws and ever expanding procedures, thanks to the voluntary and involuntary paperweights (read as hot cash) kept on the hopeless files by both hapless and dishonest citizens. Scholars, politicians, senior bureaucrats, media and the civil society angels loudly professed: No hope, no salvation, and no atonement – for and from the corrupt bureaucratic system.

But the neocolonial policy experts, public intellectuals and multinational policy advising entities researched hand-in-hand and invented a prescription: Privatize, de-regulate, merge, acquire, and spread out.

What is the result?

Let me start with the brighter side:
It paved way for many players who were waiting for an opportunity to get the large business share hitherto monopolized by the government. Competition resulted in ensuring quality, cheaper rates, and accountability. The ambitious, greedy and aspiring middle class in third world countries got what they craved for: to live the life of a first world citizen while unfortunately destined to be born in a wretched third world.

And what is the darker side?
To know this, one need not look at any empirical studies. (In fact, there is hardly anyone who would like to research on this now!) Just look at our experiences rather than giving a complex theoretical discourse delivered by policy experts or intimidating statistics frequently displayed by economists.

 
                             Photo: Businessresearchguide.com

One simple ‘everyday life’ example from the bottom

You are a subscriber to the most essential service of the day: a phone or internet connection. You have a grievance to be settled. You approach the large, mighty, sophisticated, automated, cosy, pretty, and articulate service provider. You find that the polite voice on the other end cannot understand your pulse. The replies are disseminated from a stock of frequently needed answers. Each time you remind about the unsettled grievance, you are with a different person. You do not know where to go next. You are not allowed to explain your problem in plain and simple human language. No access to the huge structures guarded by private security guards. No awareness about the hierarchical structure. Even when you are fortunate to get a soul to interact, the response would be, ‘I don’t have the mandate’ or ‘this is the Standard Operating Procedure’, or ‘I am sorry, I can’t help’, or ‘register your complaint at Interactive Voice Response System once again’. You encountered with the new face-less private bureaucracy.

You were happy when you were told that many services hitherto provided by the mighty government have been contracted to be done by private players who have quoted the lowest rates in the tenders. Only the large entities could afford to quote lower rates. Cartelisation, predatory pricing and anti-competitive mergers and acquisition destroyed the fairness in allocating the resources and work of the public sector to the private players. They outsourced these contracts to smaller players who did not have the capacity and resources to execute the work. You found the same old ‘bureaucratic’ delays coupled with data thefts, corruption, and lack of accountability among those private providers. Some examples of criminal opportunities:  the promoters can exploit the resources with scant regard to sustainability, people can get multiple PAN numbers, criminals can get cell phone connections without any documents or by giving fake documents, vendors can circumvent standard postal procedures and can transport contraband, thieves can get into secure offices with the connivance of private security guards. These are just a few generic examples.

Why all these happen in a large private environment? a) Profit motive is predominant than service motive, b) The tendency to sub-contract the work to make more profit, c) Lack of monitoring of quality of the sub-contractor, d) Frequent attrition among the employees and lack of long-term loyalty, e) Lower risks for the mischief makers as they can vanish from the company before being caught and punished, f) When the company practices are perceived to be unethical, the employees also tend to be dishonest and selfish, e) Inadequate  government regulations to monitor the affairs in a liberalized environment, etc.

Apart from the above inefficiency in large private sector companies, most of these entities are marred by internal corruption. Managers at each level engage in deals that satisfy their personal interests. However only a few cases are reported to the police as there are no clear rules to punish the corrupt executives for financial crime committed within a private company. To safeguard the reputation, corporate managements let off these criminals with just an expulsion from the company. Businessmen and traders have many stories to tell about how they had to please the managers at various levels in a large firm to get into a business with the company.

Governments were quick to understand the corporate inefficiency and corruption and consequently established ombudsmen, sector regulators, and enacted various corporate governance legislation. However none of these initiatives have curbed the problems mentioned above.

The real reason: The problem of ‘Large’
Policy experts and technocrats dumped E F Schumacher’s concept of ‘Small is Beautiful’ many years back. But all the problems we face in the name of ‘bureaucratic inefficiency’ are the contribution of the ‘Large’. It is proved from the bitter experiences we have from the large private sectors that inefficiency, red-tapism and corruption are not the exclusive attributes of Government, but necessary fallout of any large, complex and non-transparent system.

What is the solution?

The solution lies only in creating small, independent, and responsible units within the existing large structures, whether it is in government or in private sector. Each unit should be given delegated powers based on the unique attributes and should be accountable for its operational decisions. There should be human interface in these units so that services are provided and grievances are redressed based on the needs and requirements rather than universal procedures. Technological interface should not undermine the genuine need for human interaction to find a satisfying solution to a problem.

Privatization and deregulation are irreversible. These processes need to continue. However governments cannot abdicate their responsibilities to ensure fairness, transparency and public welfare. Similarly, large firms cannot continue in an outsourcing and delegating process without ensuring quality and efficiency.It is imperative to have a stringent law to curb corruption in private sector and to make it mandatory for the private sector management to report the criminal incidents of internal unlawful acts to law enforcers. Regulators and ombudsmen need to establish their field arms to monitor compliance to regulations rather than be armchair watchdogs. Both statutory auditors, internal auditors and the Audit committees need to be proactive and should be made accountable for their laxities in reporting irregularities not only in financial affairs but also in security issues and consumer affairs.  Strict penalties may be imposed on all acts of corporate corruption, ethical failures, and procedures that are against public interest.


In short, we need to go back the concept of ‘Small is Beautiful’ to get rid of the ghost of Max Weber and his iron caged bureaucracy that has reincarnated as corporate bureaucracy. 

                                                                         © Sibichen K Mathew

Views are personal. Comments are welcome

Read my other articles on related topic

Frauds, Scams and a Corporate Lokpal




                                                             

20120131

Frauds, Scams and a Corporate Lokpal


       Anna Hazare and his people’s movement against bureaucratic and political corruption gained massive support from the public from all walks of life in India. Along with bureaucratic and political corruption, the corporate corruption is also thriving worldwide.    

    It is a fact that high level political and bureaucratic corruptions are facilitated by a cross section of corporates. Almost all the major scams in various countries and particularly in India are through direct or indirect involvement of big business enterprises. Apart from the scams and frauds that are products of an unholy nexus of businessmen, bureaucrats and politicians, many companies, large and small, are marred by corruption within itself. This results in large scale diversion of funds and inefficiency which invariably affect the interest of all external stakeholders.

    Corporate corruption has further strengthened the parallel economy, by moving from the conventional practice of ‘black and white’ transactions to Special Purpose Vehicles and sub-contracts giving a colour of legitimacy to the deals. Such unethical practices have resulted into companies becoming bankrupt and investors losing quite heavily. 

   In an interview reportedly to the Press Trust of India, the Chief Vigilance Commissioner of India said that Corporates may be brought under the purview of Lokpal. However, an amendment proposed by opposition MPs in Indian Parliament to include corporates within the ambit of Lokpal was defeated during a special parliamentary session convened exclusively for passing the Lokpal Bill. At this juncture, one needs to think loudly for an effective watchdog to check corporate corruption.

  The market regulator Sebi has finally woken up to advocate for the expeditious creation of an independent audit regulator in India. The demand for such a regulator to oversee the audits has come in the backdrop of increasing awareness about the dwindling standards of corporate audits in the country.  The lack of effective disciplinary action by the Institute of Chartered Accountants of India (ICAI) has also prompted the regulatory bodies and others to think about the need for an independent regulator. Interestingly, but not certain whether it is an immediate reaction, the ICAI has reportedly barred two auditors of an Indian audit firm  from practicing for life and slapped a penalty of Rupees 5 lakhs each on them for their role in the 14000-crore Satyam scam. A probe by an ICAI disciplinary committee has found the above two chartered accountants guilty of professional misconduct while their firm conducted audits on behalf the PWC. The action of the ICAI came as a surprise for many as all along the statutory body maintained a position that what happened in Satyam is not an audit failure but a corporate governance failure. Be that it may, the series of corporate scams and scandals happening in the recent years point towards the deficiencies in the current audit system.
      
          Indian laws are not without any provisions to tackle offences by the auditors. The new Company’s Act provides for certain situations in which the auditors can be held responsible for negligence, incorrect statements etc.   Apart from the mechanisms of SEBI and Company Law Board, there are internal control mechanisms in the profession through ICAI. However such measures did not create any serious impact in the profession as the deterrence mechanism is very weak. The present powers and responsibilities of the audit committee are unlimited. Members of the Audit committees of many companies lack technical competence and fail in their role as an effective investigator and evaluator.

Auditor Independence’- Is it impossible in the current structure?

  Analysis of the corporate audits in India indicates that the auditor independence has been compromised due to several reasons as mentioned earlier. The problems lie in several areas: Appointment of auditors, payment of fee, audit and non-audit revenues, the threat of loss of contract, self interests, cultural and primordial preferences while appointing auditors, lack of technical competence, financial and non-financial relationships with the clients etc. Added to the above there are problems of lack of uniform and objective standards, disciplinary authority, over sight bodies etc. In the above circumstances it is necessary to think in the direction of making some radical changes.

Can we have an Independent Audit Regulatory Authority?


 As we seen in our discussion and review , there is a necessity for a strong  institution to oversee the entire audit work in the country. The set up should have certain necessary attributes. It should be independent, technically competent, representative, multi functional, and with sufficient legal powers. It may be headed by an Auditor General who is nominated by the President of India and should be a constitutional authority with a fixed tenure of at least 10 years. This would make them totally independent of the changing governments in the country. The post should be made constitutional and removal be made only through impeachment.


Following structure is suggested for the above authority. The structure consists of various autonomous boards with independent functions as given below.



INDEPENDENT AUDITOR GENERAL

(Reporting to President; Assisted by chairmen of the  following independent bodies)

AUDIT BOARD

(Power over both public and private sector without any differential treatment; Chairmen of following independent bodies are members, fixed tenure)
STANDARDS BOARD
(Responsible for formulating and amending standards)

QUALITY REVIEW AND INSPECTION BOARD
(oversight board which reviews the audit work and conduct inspections)
DISCIPLINARY BOARD
Enquiries on misconduct of auditors,
Initiation of disciplinary  proceedings, and
Decisions
(Separate entities for each functions)
AUDITOR ALLOCATION BOARD

Centralized empanelment of auditors –specialization wise and region wise based on set criteria.
Allocation through random allotment from a list of ten preferences given by the client as well as the audit firm) Appointment for 5 years without any extension.

GRIEVANCE BOARD

Dealing with grievances on Standards, procedures, reviews, inspection, auditor allocation , disciplinary proceedings etc)

But appeals against disciplinary action imposed lies only with Audit board




           As seen above, the independent body can oversee streamlining of the accounting standards. Though ICAI has been successfully involved in the preparation of accounting standards, lately arguments have emerged questioning the ‘objectivity’ and ‘independence’ of the ICAI. The role given to ICAI was only for a limited period till such time the central government constitutes an autonomous body to prepare the standards. Since most of the problems related to ‘auditors independence’ is because of the current system of appointment of auditors, the independent authority can be in charge of empanelment and allocation of auditors. As we entered the phase of competitive business management there should not be any distinction between the standards for private sector and public sector. Both should be under the purview of this structure.

 Suggestion for National  Audit Fund

   It is seen that the independence of auditors are affected because of their dependence on the clients for fee. Therefore a National Audit Fund can be created to take care of the auditing expenditure. The entire expenditure for auditing (the audit fee and other audit expenditure for the auditors) should be borne by the Auditor General Office. Fund can be raised through one or all of the following sources: a) Portion of annual fee by companies, b) A very small portion of the investment of each investor c) a fee proportionate to their annual turnover, and d) Amounts collected as penalties and fines.

Conclusion

  The public responsibility of auditors as watchdog of companies is very crucial for overall stability and financial discipline in the economy and business. Most of the corporate failures in India and abroad pointed out the ‘audit failures’ in many companies. It is seen that the independence of auditors are under serious threat due to several factors. There is a need for an independent authority to effectively regulate and enforce the audit system in India. The authority should be totally independent of the government and would have uniform standards for both public and private sector. However no authority can be a panacea unless companies and audit firms understand that internal control, personal competency and ethics play crucial role in making the institution more efficient and socially productive.

You may also like to read Satyam: A case of worst audit failure

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