The Sopranos 17 years apart

01. March 2025 · Write a comment · Categories: Legal, Risk, Uncategorized

For reasons I won’t go into involving a green double decker bus, a holiday cottage in St Ives and some raw scallops, I started watching a box set of the Sopranos in September 2023, rather later than the rest of the world, which had finished with the mobsters from Brooklyn in June 2007. We finally reached the 21st episode of series 6 a few months before Christmas 2024. And reacted in much the same way as I now gather (having researched it primarily to check I hadn’t got an incomplete box set) the rest of the world did over 17 years ago.

There are many advantages to watching something so long after the media around it has moved on. You get left in peace to watch it at your own pace. No one is giving you spoilers in little teasers stuck between other programmes. The chat shows are not talking about it. You don’t have to hear what every minor celebrity thought about it. You aren’t being constantly encouraged to get excited about it. You can just watch it.

However, now I have read up on the reaction at the time and the increasingly irritated responses of the show’s creator David Chase to the line of questioning he was getting about it, I think there is something for us here in March 2025. In particular, I am thinking about the following comment Chase made soon after the last episode first aired:

[The ending] said much more than Tony facedown in a bowl of onion rings with a bullet in his head, or taking over the New York mob. Tony Soprano had been people’s alter ego. They gleefully watched him rob, kill, pillage, lie and cheat. They cheered him on. And then, all of a sudden, they wanted to see him punished for all that. They wanted “justice”. I thought that was disgusting, frankly.

Chase also made reference to the fact that the US was involved in war against the Taliban in Afghanistan at the time and the Al-Qaeda unexploded car bombs in London that month:

There was a war going on that week and attempted terror attacks in London. But these people were talking about onion rings.

Which brings me to Donald Trump. Chase was interviewed by, amongst others, The Irish Times in 2019, the 20th anniversary of the first episode, and Trump perhaps inevitably came up in response to a question about the influences The Sopranos has had:

The use of a deeply flawed hero and his problems. And when news shows talk about Trump, for example, they’ll say it’s like The Sopranos. People, including your own paper, use The Sopranos as an example of crookedness and culpability. I don’t watch a lot of series television. Unfortunately what I do is spend my time watching CNN, Fox and MSNBC. So I get good and depressed, and angry.

What struck me about The Sopranos was how chaos followed him everywhere he went. Any normal person who interacted with his people got exploited, corrupted if possible and often destroyed, whether it was an AA sponsor who gets drawn into gambling on a scale he can’t handle, or someone who wants to cooperate in a movie, or even the staff and other patients where Tony is recuperating from being shot. He appears to be behaving normally and then he will suddenly beat up his own bodyguard for no other reason than to show his people that he’s not over the hill. He is both ridiculously sentimental and utterly ruthless if he feels threatened. And yet you are still left rooting for him a lot of the time, which of course is what made it such a fascinating series and also explained the consternation when the screen went black.

Now this is all very well when we are talking about a fictional character heading up a mob operation in Brooklyn. However it becomes something else entirely when it is a real President of the United States. There are so many perils to dealing with Trump: those which are like The Sopranos, ie the danger of being exploited, corrupted and destroyed by him. We saw this in full operation yesterday in the extraordinary treatment of Volodymyr Zelenskyy by him and his chief henchman JD Vance.

The full Oval Office remarks of President Trump, Ukrainian President Zelenskyy and Vice President Vance that ended in a contentious exchange over continued support amid the ongoing war with Russia. For more context and news coverage, click here: https://www.nbcnews.com

But what seems more important to me is that we focus on the perils of dealing with Trump which are not like The Sopranos at all: the inclination to cheer him on because he appears to be playing by different rules to the ones which we feel imprison us on a daily basis. So when he misuses charitable funds for political purposes and gets fined $2 million by the New York State Attorney General, we should refrain from cheering.

When Trump is fined $450 million dollars for financial fraud and illegal conduct, we should not just regard it as the rough and tumble of politics.

And when he is found guilty of 34 counts of falsifying business records, making him a convicted felon, it is not, as he claims “a rigged trial by a conflicted judge who was corrupt”, to be laughed off as just another one of Trump’s scrapes from which he emerges victorious.

We need to get our heads up out of the onion rings. This is not TV entertainment, it is the immediate future of the United States, impacting all of us whose countries need to interact with them without being exploited, corrupted or destroyed. He poses a serious risk to all of us.

So the question is what to do about it? This is what I intend to address in my next post.

I don’t know what I don’t know

22. January 2024 · Write a comment · Categories: Actuarial, Cartoons, Legal, Regulation
A member splatted against the relentless forehead of a streamlined, efficient, simplified and clarified IFoA

So the proposals which I wrote about last month have been reconsidered by the newly elected Institute and Faculty of Actuaries (IFoA) Council on 15 October, where they agreed some tweaks to the original proposals as follows:

Council devised and ultimately voted for revised measures based on the member feedback it had received on the previously approved reforms. You told us that you wanted the new President and Council (2023-2024) to reconsider the reforms and we agreed this at our meeting on 1 September 2023. You told us that you wanted better communication and more engagement and we have embarked on one of the biggest member engagement exercises in our history which will continue next year into the role of Council. You told us that you were uncomfortable with the idea that actuaries would be in the minority on the board. We have responded by changing the makeup of the new IFoA Board so that it will continue to have a majority of actuaries. You told us that you wanted safeguards to ensure the IFoA Board could be held to account and that a “bad board” could not self-perpetuate. We have responded by ensuring that appointments of members and independents to the IFoA Board will need to be ratified by Council on first appointment and every 3 years for the remainder of their term.

So am I happy now? The answer is no in some respects and I don’t know in others. No I am not happy that a member vote still seems to be proposed for 2026, giving this proposal the inside track to becoming the final permanent governance structure by only asking for a vote after most of us will have become quite hazy about what went before it.

I don’t know because we are still not going to be given sight of any part of the DAC Beachcroft report to which these proposals are supposed to be a response. We are therefore being asked to completely trust the description of what was in it by the very people trying to sell us their proposals. That is a big ask in my view.

However it is also difficult to raise any formal objections to the proposed amendment to Regulations 2, 3, 4, 5, 6, 10, 11, 12 and 13 in this state of enforced ignorance. I will therefore be raising the concerns I have set out here by contacting the Corporate Secretary at the IFoA. If you feel that you can go further and formally object on the basis of what you have or have not been told, then those objections should be raised by 30 January to be considered.

Perhaps I am making too much of what I don’t know, but I was struck by the references here to any future consultation being confined to the role of Council, with the rest of the governance structure seemingly regarded as done and dusted. Also if you watch to the end of the little video there, you are confronted with this message:

Is our ability to continue to self-regulate at all really under threat? I would have expected to be told rather more about why this is before being asked for my views in a member organisation such as the IFoA.

I accept that many of the IFoA’s functions may need a more streamlined system to run them effectively. There are many different alternative structures which we could consider to achieve this. But these proposals are about changing the very nature of the IFoA and that requires full disclosure to members about why we are doing this and a chance to vote before we do so in my view. More than a tweak, in other words.

Horizon and its implications for us all

11. January 2024 · Write a comment · Categories: Actuarial, Cartoons, Legal, Prediction, Professions, Regulation
Copyright ©Steve Bell 2009/All Rights Reserved e.mail: belltoons@ntlworld.com tel: 00 44 (0)1273 500664. Reproduced by kind permission of Steve Bell https://www.belltoons.co.uk/bellworks/index.php/leaders/2009/2913-16-10-09_BOINGUSES

We have been here many times before, even in recent memory. The 2008 banking crisis, memorably immortalised by the Steve Bell cartoon above; the MPs’ expenses scandal the following year; the successive disappointments of Brexit; and now the the Post Office Horizon scandal. All of these had in common an initial public expression of outrage, followed by loud condemnations of aspects of it from within the Establishment, followed by a series of measures which generally failed to change anything substantive. So the ring-fencing legislation brought in to isolate the risk taking within banking from retail customers has steadily been lobbied against and is now gradually being unravelled. MPs continue to have expenses scandals. I don’t know how to encapsulate in a sentence the Muppet Show of how the Establishment has been trying to deal with Brexit since 2016. And now this.

The Post Office scandal seems to be being discussed everywhere: beyond the TV, radio and social media, it is in the pub, the supermarket queue, in families and workplaces. The Establishment condemnation is already underway, as pithily summarised by Marina Hyde here. I do not really care about the implications for the honours lists, but very much hope that the sub-postmasters and sub-postmistresses get the compensation they are seeking. However this time the response cannot stop there.

As David Allen Green has written in Prospect today (with a great overview of what has happened from a legal point of view), the scandal also represents a failure of the legal system. This was partly caused by the repeal, in 1999, of the part of the Police and Criminal Evidence Act 1984 which presumed in favour of individuals rather than computer systems. This has been particularly unfair in these cases as the evidence defendants needed to show that Horizon was at fault often remained undisclosed by the Post Office. It was also caused by the Post Office’s eagerness to pursue private prosecutions.

Coincidentally, I came across the concept of private prosecutions a couple of weeks ago while reading the excellent Butler to the World: How Britain became the servant of tycoons, tax dodgers, kleptocrats and criminals by Oliver Bullough (which also suggested to me that I should revisit the issue of Scottish Limited Partnerships soon, but I digress). As Oliver points out:

Under measures introduced in the post-2010 austerity agenda, defendants…have no prospect of reclaiming their expenses from public funds if they are convicted. Even if they’re acquitted, they can only get their expenses back if a request for legal aid has previously been turned down…Meanwhile, private prosecutors – whether individual or companies – can claim back all reasonable expenses if they lose. Financially speaking, a private prosecution is a one-way bet. As long as you can afford the upfront cost of bankrolling the case, you’ll get your money back because under common law you are acting on behalf of the Crown.

David Allen Green has called for private prosecutions to be abolished, which I would agree with. But I also think the burden of proof needs to be returned to the operators of computer systems in what I predict will become increasingly frequent human-expert system disputes in the future. In fact we need to go further than that and have a full public consultation into what legal protections individual humans will need in a world increasingly driven by decisions and calculations made by non-human systems.

Over seven years ago I wrote an article in response to Cathy O’Neil’s excellent Weapons of Math Destruction, where she set out the case against devolving important decisions to mathematical models without adequate feedback loops. I said then (with an Oppenheimer reference too!) that:

If mathematical models are to be the dominant regulatory tool of a financial world, and of the consultancies and financial firms competing in that world, then the time will come when mankind will curse the names of the highly paid professionals who followed inappropriate rules rather than exercising their own expert judgement when it mattered.

It is starting to look like we may be there already unless we act fast.

Volunteers and Democratic Deficits

07. December 2023 · Write a comment · Categories: Actuarial, Cartoons, Legal, Regulation

My favourite bit of Scrooged is when Bill Murray is told that the people working in a homeless shelter cannot be fired because they are volunteers. It appears that the Institute and Faculty of Actuaries (IFoA) is instead in danger of morphing into such a sleek, streamlined, efficient, simplified and clarified organisation that noone would want to volunteer for it any more.

The long-running argument about the future governance of the IFoA grinds on. Four months after a small number of members alerted the rest of us to what was going on, and 194 members then objected in writing, the IFoA have now concluded a series of webinars explaining the proposals. I attended the final one on 28 November.

In a nutshell, the proposals are unchanged from those objected to, they are now being considered alongside the objections by the newly elected Council this month, which will be followed by a full consultation in January. The new governance structure will then be rolled out in the summer of 2024 and a member vote only allowed on the new structure two years later in 2026. Yes that’s right, not a typo: 2026!

The session I attended was all about how we needed to be more streamlined, more efficient, more credible in our governance. We needed to simplify our governance, clarify it. The recent embarrassments about outgoing CEOs was cited as an example of our poor governance without explanation. The independent report which they quoted from throughout to justify the proposals will not be provided to members as it includes contributions from people who only did so on the basis of anonymity.

There was a discussion about how the IFoA was both a business and a member organisation. But, in mentioning more than once how the proposals were only what any of the organisations members worked for would expect from their governance, the weighting given to these two roles was very clear. These were senior business leaders attempting to make the IFoA look more like the businesses they are more used to.

If you’re a senior business leader, then an organisation where any member can have some influence on its direction of travel must be incomprehensible. They are used to leading and being followed. Much was made of the waste of time that much Council business involved, and I am sure that is right. But that is just a motivation for change, as indeed was the entire presentation on 28 November. It was decidedly not a motivation for this change in particular.

We were told that other options had been considered, although bundling everything up into one board that did everything was the only one mentioned.

One of the other reasons given for the changes proposed was how much bigger the IFoA was now. Coincidentally, on 27 November, the Economic Affairs Committee of the House of Lords published its report ‘Making an independent Bank of England work better’. In it they made the following point:

The growth in the Bank’s remit has not been met with a commensurate increase in accountability and Parliamentary scrutiny. While an independent central bank reassures markets, critically important economic decisions are delegated to unelected officials. The Committee is concerned that a democratic deficit has emerged, which risks undermining confidence in the Bank and its operational independence.

We are being asked to quietly acquiesce to the creation of precisely this kind of democratic deficit in our own member organisation. Because, despite suggestions to the contrary in the webinar, we are primarily a member organisation and not like the organisations we all work for, something we have just been reminded of by being charged £750 for the privilege.

If we agree to this timetable, then by the time we get to 2026 I predict we will be assured that it would not be cost effective or a good use of the new unitary board’s time to uproot what will by then be the incumbent system. This would be giving these proposals an unfair advantage in deciding on the long-term governance of the IFoA.

My requests would be:

  1. Some summarised form of the independent report which protects people’s anonymity but allows us members to judge for ourselves the relative strengths and weaknesses of the analysis of our current governance and the options so far considered for change.
  2. An opportunity for a member vote on the structure adopted in 2024 alongside the consultation, rather than 2 years post adoption.

It is precisely at the stage of deciding that structure that all of the range of experience, talent and wisdom of the membership needs to be deployed, not at the point of rubber stamping a decision already made. If you agree with me that members are being sidelined in the decision-making process about the very nature of the IFoA’s future, then please send your feedback to governance@actuaries.org.uk.

A Tale of Two Weekends

08. May 2023 · Write a comment · Categories: Climate Change, Legal, Regulation

If I were John and John were Me,

Then he’d be six and I’d be three.

If John were Me and I were John,

I shouldn’t have these trousers on.

AA Milne

Two weekends, two weeks apart.

In each children spent hours preparing their own personal tributes to the focus of the weekend. Parents arranged accommodation. Face paints were in profusion. Cardboard constructions abounded. There were placards and banners and flags.

One got minute by minute coverage in hushed tones, with talking heads running out of things to say after 6 hours or so and then needing to start projecting what various people, having their every movement and facial tic filmed, might be betraying in a momentary expression. The other one was almost totally ignored, despite both events occupying almost exactly the same space in central London.

Imagine if the media priorities had been reversed:

“And, as the man with the giant mosquito on his head, slowly makes his way around Parliament Square, we reflect on how many hours must have gone into constructing that mighty insect. And now we see the scientists, garbed in their traditional white coats, making the point that no nature means no future. What a riot of colour it is and so many volunteers have given up their time, not only today but in the months of preparation for the Big One. So, Sir David, are you surprised by the number of children in the procession today?” “Not really, Huw…”

“Meanwhile in other news, police arrested a Mr Charles Windsor and his wife Camilla at their home. Police seized several crowns, an orb, sceptres, rings, some very large chairs and other paraphernalia which could be involved in coronation activity. Royalists claimed that the police had been ridiculously heavy-handed. The police said that their actions had been entirely proportionate.”

In Christopher Clark’s new book about the revolutions throughout Europe in 1848, Revolutionary Spring, he talks about the origins of radicals and liberals in opposition to the establishments of the day, divisions which still seem to be with us today. But it is our Government which is radical, prepared to do great violence to the status quo, the opposition which seems to be liberal, bogged down in endless arguments about tiny differences, and the BBC which appears to be left on its own representing what it sees as the current Establishment.

Now there will be many who say that journalists should not be involved in defending any status quo, and I can understand that. However it can also be argued that a state broadcaster like the BBC does have some responsibilities in this respect. But which status quo do you defend?

The Government’s agenda is problematic – it’s not just about the lying and the corruption, but the constant changing of position, the most obvious being the Kwarteng fiscal event in the autumn. Climate protesters are remarkably consistent by comparison, not surprisingly really as the limits imposed by physics are not changing with each quarter. And their focus of sustainability is surely the most critical part of any status quo which needs defending, ie the ability of the planet to support life in all of its forms.

Television is extremely good at focusing our attention on something, and away from something else. This is why companies spend so much on television advertising and why our televised sports halls and pitches and the combatants within them are festooned with logos and messages from a myriad of sponsors. However, the Communications Act 2003 prohibits political advertising, which includes campaigning for the purposes of influencing legislation or executive action by local or national (including foreign) governments. The BBC have interpreted this as not allowing any form of protest to be visible during televised sporting events (most recent example being the Just Stop Oil protest with the orange powder at the World Snooker Championship), an event for which the title sponsor is Cazoo, Europe’s leading online car retailer. Similarly, the police have said that one of the considerations in their level of policing response to the Republic demonstrations this weekend, including pre-arrests before the procession or any protest had taken place, had been the wall-to-wall television coverage of the event.

46% of the UK population are very or extremely worried about climate change, but the biggest demonstration in the UK in the climate movements’s history was not covered on television at all. 62% of the UK population support the monarchy and we get all the main channels turned over to coronation coverage. I think what I am calling for is a bit more balance here, something we used to think, with some pride, was a national characteristic.

Day 1 of the UCU Strike and it feels like a class war entirely manufactured by the Government

01. February 2023 · Write a comment · Categories: Actuarial, Legal, Regulation
Hundreds of thousands of public sector workers were on strike today. I was one of them. Meanwhile the Bill above is making its way through Parliament – it was voted through earlier this week by all but one of the Conservative MPs, but is currently getting rather more scrutiny and push back in the House of Lords.

It seems likely that there will be legal challenges to some elements of the Bill and that some of them will be successful. The Labour Party have promised to reverse it if they win the next election.

I spent my first strike day ever (yes, I know, I am just a political union member and a mere picket tourist – all of these criticisms are entirely justified) by attending a meeting of the Leicester Actuarial Science Society with the Institute and Faculty of Actuaries (IFoA) President Matt Saker. It was a very well attended event and there were a lot of questions for Matt. These ranged from the IFoA strategy in Africa, to mutual recognition agreements with the Institute of Actuaries in India to the pros and cons of the recent vote to create a Chartered Actuary status for associates and fellows to the future relationship of the profession to AI applications, reflecting the global nature and broad range of interests of the student audience. I felt very much like I was witnessing the next generation of actuaries getting stuck into the issues that would be important to them through their careers, and it was inspiring to see.

Back to the strike. I differ from many of the strikers interviewed in that, in my view, I was not doing anything particularly altruistic by striking. I was standing up for my own pay and conditions. Which, it seems to me, everyone should be able to do in a free society. Years of anti union legislation, uberization and the growth of sectors with weak unions has made us used to having to negotiate for ourselves individually or in small groups against much more powerful employers. The fall in real pay over the last 12 years indicate that this has not really worked for us and perhaps a new era of collective bargaining is now necessary.

Meanwhile the Government thinks that it is a better idea to muzzle unions and repress future strike action than to deal with any of the grievances of the workers they represent. They think this is a better idea than to build anything, invest in anything, or do anything positive at all. You have to ask who such a move, temporary and largely struck down as illegal as it is likely to be, is designed to impress: future party donors perhaps?

The next generation I saw today did not strike me as one which will have much patience for such manufactured class wars and the governments which manufacture them.

It is my hope and, after today, my belief that they will think we have more important things to be doing.

Trade unionism: my part in its downfall (with apologies to Spike Milligan)

13. January 2023 · Write a comment · Categories: Economics, Legal, Regulation
Source: Department for Business, Energy and Industrial Strategy Trade Union Membership, UK 1995-2021: Statistical Bulletin, 25 May 2022

It all began for me on 23 September 1985, the first day in my first graduate role as a management trainee at the home counties factory of a security printing firm. From the beginning I was left in no doubt by my new employers that the fairly powerful print unions at the time (SOGAT and the NGA) were the biggest impediment to the captains of industry within the firm from running the business successfully. Occasionally I was allowed into management meetings, where all of the things we could do if it wasn’t for the unions were discussed endlessly.

During my time in this first role, the printing industry changed dramatically: the typesetting was computerised, massively reducing the number employed virtually overnight and Rupert Murdoch set up his non-unionised newspaper factories at Wapping. There had already been three pieces of trade union legislation in the 1980s by the time I started work, the latest being the Trade Union Act of 1984, which required secret ballots for union elections and strikes rather than the show of hands which had been possible up until then. The Miners Strike had also only just ended in March 1985, which had a devastating impact on the trade unions more generally.

Further legislation now quickly followed:

  • the Public Order Act 1986 (which introduced new offences related to picketing, and increased police powers over protests involving groups of 20 people or more);
  • the Wages Act 1986 (which reduced many of the restrictions on employers fining and deducting money from employees’ pay, removed statutory holiday entitlement and reduced state funding for redundancies);
  • the Employment Act 1988 (which gave workers the right to not join a union, and trade union members the right to challenge strike ballots);
  • the Employment Act 1989 (which restricted trade union officials’ time off for duties and abolished government support for redundancy payments);
  • the Employment Act 1990 (which finally removed the closed shop – ie a workplace where union membership was compulsory – and secondary action protection);
  • the Trade Union and Labour Relations (Consolidation) Act 1992, which consolidated the legislation of the 80s and 90s, while clarifying that the right to take strike action was protected when it was “in contemplation or furtherance of a trade dispute”; and
  • the Trade Union Reform and Employment Rights Act 1993 (which gave trade unions a duty to inform employers of upcoming strikes).

This would appear to have given my first employers everything they could have wanted in terms of containing union power but, after some retrenchment in the 1990s owing to the incoming Labour Government taking the UK back into the Social Chapter of the Maastricht Treaty (which we had originally opted out of in 1992) in 1997, there was further legislation in the form of the Trade Union Act of 2016, which, amongst other measures:

  • introduced a new requirement of 50% of union members to vote in a ballot for strike action;
  • required that workers in important services (health, school education, fire, transport, nuclear decommissioning and border security) must gain at least 40% support of those entitled to vote in a workplace for a strike to be legal;
  • required two weeks’ notice of industrial action to be given to an employer (the employer can agree to one week);
  • limited the right to take industrial action after a strike ballot to six months, or nine months if the employer agrees.

Over the period since 1985, wealth inequality, which had been steadily reducing since at least the end of World War I stalled and has been generally on a slightly increasing trend since:

Source: Resolution Foundation The UK’s Wealth Distribution, December 2020

And the position with respect to income inequality is even worse, with the UK having the 9th worst income inequality of the 38 countries in the OECD:

Source: Income inequality in the UK, House of Commons Library, 30 November 2021

However, perhaps this was a price worth paying, if the forces of creativity and entrepreneurship had at last been allowed full rein, freed from the stifling dead hand of union power? Unfortunately not (TFP stands for total factor productivity in the graph below):

Source: The UK Productivity “Puzzle” in an International Comparative Perspective, Fernald and Inklaar, April 2022

So whatever, the continuing problems of UK PLC, it does not look like union power was ever really one of the major ones. Undeterred, the Government is proposing further restrictions on trade unions and their members, including enforcing minimum service levels during strike action for ambulance staff, firefighters and railway workers and requiring some employees to work during a strike under threat of being sacked if they refuse.

The TUC has made a submission to the International Labour Organisation of the United Nations over what it sees as breaches of Conventions 87 (Freedom of Association and Protection of the Right to Organise) and 98 (Right to Organise and Collective Bargaining). As David Allen Green has blogged:

But regardless of your view on the ultimate rights and wrongs of strikes by public sector and other public service workers, there is something fundamentally objectionable in the current government’s proposals to compel certain “key” workers to attend work when they otherwise would be entitled to strike….Simply prohibiting other key workers from being able to strike, without sufficient alternative entitlements and arrangements to balance this loss of a right, is misconceived and illiberal.

It is an authoritarian gesture, rather than a solution to a problem.

Roy Lilley (at the Institute of Health and Social Care Management) in a postscript to a recent blog, focused on what a strategic failure the proposals represent within the NHS industrial dispute:

HMG plans, to ban strike action by some public workers is a further example of ‘push-back’ management. Push the disputes into the courts instead of dealing with the root-cause of strike action, improve industrial relations and representation.

So what has my part been in the downfall of trade unionism to date? In my first job, other than an abortive attempt to develop a new shift pattern(!) for the security guards in the factory, I had few skirmishes with union leaders compared to those with my management colleagues. In the finance sector, where I spent most of the middle 20 years of my working life, I rarely came across any staff representation at all. As a school teacher I joined the ATL rather than the NUT (they have since merged to form the National Education Union) due to its reputation for being determinedly non-militant. And, in my current role, I rather flounced out of the UCU over a difference of opinion over the pensions dispute raging at the time.

So I have not been a very good supporter of trade unionism over the years. However it now seems clear to me that the industrial austerity (ie the crushing of labour power within the economy, further discussed here) described above during my lifetime has been a political rather than an economic project all along. None of the economic justifications given for it since the 1980s have been borne out and the unopposed rugby of industrial management we have increasingly witnessed since has resulted, in my view, in poorer outcomes than if the 99% had been consulted regularly.

I sense that the current Government will only be satisfied when trade union membership levels fall to zero. So if, like me, you don’t want that to happen, the time to push back against running the economy at all times exclusively in the interests of the owners of capital is now.

I have rejoined the UCU.

Actuaries and the Green New Deal

20. September 2019 · Write a comment · Categories: Actuarial, Birmingham, Climate Change, Economics, Legal, Pensions, Regulation, Risk

Images from the Birmingham Climate Strike on 20 September 2019

On the day millions have taken to the streets across the globe to demand a more urgent response to the climate emergency, it seems a good time to write about the crossbench Decarbonisation and Economic Strategy Bill, originally tabled by Caroline Lucas and Clive Lewis in March this year, which has now been formally launched. This “Green New Deal Bill”, as it has been dubbed, sets out a legislative framework for the changes that are needed to make the Green New Deal (a programme of action neatly summarised in the Green New Deal Group’s fifth report here) a reality. The impacts of these proposals would be far-reaching and radical, changing the way our economy operates and what we value. As well as revolutionising the way we live, this would also significantly affect the current work of actuaries and provide many opportunities for people with the actuarial skill set to be centrally involved.

The main proposals which I think would impact actuaries are as follows:

  • Bring offshore capital back onshore to make sure that government, not markets, can make the big economic decisions. This would obviously impact all businesses operating in financial markets. There would also be large movements in the value of some businesses as a result of economic decisions which have previously been left to the market now being made by government. Modelling the impacts of such changes and helping businesses manage the transition are examples of where actuaries can add value here. We are already seeing increasing disinvestments from coal, but this would seem to be just the start of a much wider realignment (one possible view of the potential is discussed here).
  • Greater coordination between the Bank of England, the Treasury and the Debt Management Office. This means the end of the independence of the Bank of England by the look of it, with monetary policy and fiscal policy run in much closer cooperation with each other. It also means more regulation for banks and the supported emergence of local banks and a new national investment bank.
  • New bonds, nationally and locally, and new pension arrangements targeted at the green renewal of our infrastructure. For instance, tax rules on pension schemes could be changed to require a minimum percentage of assets invested in such bonds in order to continue to qualify for tax relief.
  • New objectives for business, and new kinds of businesses. For instance, the UK-based Corporate Accountability Network argues that the whole focus of corporate reporting will have to change, and so too then would corporate behaviour because there is very strong evidence that what is reported by any organisation is what becomes important to it. The Green New Deal Bill provides for changes to both company law and accounting to embrace the need for legally required and enforceable reporting on progress towards any company becoming carbon neutral. This will certainly lead to new business structures as a result and, I would imagine, many new business opportunities for those with actuarial skills as a result.
  • Replacing our measures of progress. This is something I have long supported. The main problem is that there are many possible candidates for this, but that also means that there is a great opportunity for actuaries to be involved in constructing appropriate indices which are globally respected, thereby helping to change what we value away from our current GDP and FTSE fixations.

Of course there are also opportunities for those with actuarial skills to block the transition to an economy that isn’t constructed in such a way as to make environmental destruction inevitable. Employers like these would probably make those with the actuarial skillset very lucrative offers to use their skills. I hope that most of us, and particularly those just at the start of their careers, will resist such offers. We now know that tobacco firms hid the evidence of the damage done by their products for decades and firms such as Exxon have done the same in denying the science on climate change for over 40 years. Please don’t be part of the problem when you could be such a valuable part of the solution.

At Leicester, we intend to launch a new module on our MSc Actuarial Science with Data Analytics programme next year, specifically on the ideas behind the Green New Deal and focusing on the areas where ideas still need to be developed (one of the most exciting things about the Green New Deal is that it is still an area of live discussion, with many of the policy details still being developed). I would welcome any input from members of the Green New Deal Group or those with research interests in this area who would be interested in helping us develop the detailed curriculum of this module before launch.

This is an exciting time for those who are comfortable working with data and communicating what they have found in it. Let’s make sure that those skills are applied to the needs of 99% of the global community.

Whether or not there is a strike, USS’s future depends on trusting its members

11. July 2019 · 1 comment · Categories: Actuarial, Defined Ambition, Legal, Pensions, Regulation

On 23 March 2018, Universities UK (UUK), the universities’ employer body, issued an offer to the University and College Union (UCU) to end the Universities Superannuation Scheme (USS) pensions dispute. The UCU agreed to put it to their members and, on 13 April, announced that the proposals had been accepted by a margin of around 2 to 1. The main proposals, as summarised by Sally Hunt the UCU general secretary, revolved around the setting up of a Joint Expert Panel (JEP).

The JEP’s members were proposed by UUK and UCU – Ronnie Bowie, Sally Bridgeland and Chris Curry were proposed by UUK (two actuaries and the Director of the Pensions Policy Institute respectively). UCU proposed Saul Jacka (professor of statistics at the University of Warwick and a Turing fellow at the Alan Turing Institute), Deborah Mabbett  (professor of public policy at Birkbeck) and Catherine Donnelly (associate professor at Heriot-Watt University, where she heads up a unit focusing on pensions, investment and insurance research). The Chair is Joanne Segars, a well respected and very experienced former CEO of the Pensions and Lifetime Savings Association (PLSA) who had most recently been working with the Local Government Pension Scheme.

The Terms of Reference of the JEP were also published, which stated that the purpose of the panel was to:

  • make an assessment of the 2017 valuation;
  • focus in particular on reviewing the basis of the scheme valuation, assumptions and associated tests; and
  • agree key principles to underpin the future joint approach of UUK and UCU to the valuation of the USS fund.

They also stated that the panel would take into account:

  • the unique nature of the HE sector, intergenerational fairness and equality considerations;
  • the clear wish of staff to have a guaranteed pension comparable with current provision whilst meeting the affordability challenges for all parties; and
  • the current regulatory framework.

All of the bits relating to the 2017 valuation were reported on in September 2018, with recommendations from the JEP on ways of bringing the total contribution rate below 30% of pensionable pay.

In response to this, the USS Trustee made a proposal for concluding the 2017 valuation and preparing a 2018 valuation which could more fully take account of the JEP recommendations. This was accepted by UUK after a reduction in deficit reduction contributions from 6% to 5% was made and finally by the Pensions Regulator here, which noted that the proposal for the 2017 valuation is at the very limit of what TPR finds acceptable as it would see the Scheme carry higher levels of risk than we would consider manageable for a ‘tending to strong’ covenant.

The 2018 valuation process has been proceeding at pace, with the USS Trustee proposal following the consultation response from UUK of 3 options for future contribution patterns leading to indicative agreement from UUK for the third option of a total contribution rate of 30.7% from October 2019 and a further valuation in 2020. Following the September 2018 report, the JEP is working on a follow up report for September 2019 in relation to the USS valuation process in general. The second phase of work on the USS valuation has two parts; the first is concerned with the valuation process and governance, the second with the long-term sustainability of the scheme.

UCU have rejected all 3 options and set out a timetable for ballots on industrial action from 9 September in the event of any agreement which does not represent no detriment to members, ie no reduction in benefits or increase in employee contributions from the 8% level they were at before 1 April 2019. The JEP have suggested (while accepting that their numbers are indicative only, without detailed modelling) that, if all the measures they propose were adopted, the contribution rate could be reduced to 29.2%, split 20.1% employer and 9.1% employee in accordance with the cost sharing agreement. This compares with the USS Option 3 proposal of a split of 21.1% employer and 9.6% employee.

The UCU position looks a long way from the one that the Trustee and UUK appear to be edging towards, and I fear that a strike ballot may therefore be inevitable.

However, I think there is an equally important area mentioned in the JEP report where USS can radically improve how its members engage with a scheme which will be, for most, their major source of income in retirement.

How USS engages with its members

In their report the JEP, rightly I think, devoted several pages to member involvement in the valuation process, information and transparency and building trust and confidence, matters which will be a particular focus of their second report. They observed that:

  • longer consultation periods, initiated at an earlier stage, could facilitate member involvement via universities’ internal processes, which might help to build confidence in the valuation and a shared sense of ownership – helping to avoid future, damaging, industrial disputes.
  • there is no formal, scheme-wide mechanism for involving members in the valuation process or for assessing their appetite for changes to the Scheme
  • for future valuation cycles it will be important that the Trustee and Scheme Actuary interact more, at an earlier stage, with all stakeholders, particularly with regard to setting valuation assumptions and expectations
  • lack of understanding is likely to have contributed to falling levels of member confidence in the Scheme. It might be helpful for the Scheme to provide simple-to-understand guides which use clearly defined terminology to aid the understanding of the majority of Scheme members
  • the lack of trust in the valuation process and the Scheme has given rise to a view, albeit not a universal one, that USS is not being as open as it could be with stakeholders….whilst observing the need for confidentiality…the Panel suggests the Trustee may wish to consider how to share more of the information currently deemed confidential, eg on a redacted basis or in a summarised form. This would aid understanding of the valuation process…and, importantly, help rebuild confidence in the Scheme and its governance.

I would take such suggestions a step further, as I believe much of this communication would be wasted within the current adversarial environment, and indeed would be likely to be “spun” by one side or the other. It is clear that there is little trust in the USS Trustee on the part of the UCU officers. However, the ability of the 21,685 (out of 24,707 total votes) who voted to strike and then the 21,683 (out of 33,973 total votes) who voted to end the strike to determine what could or could not happen to a scheme with 396,278 members (as at  31 March 2017, 190,546 of them active) was, I think, unhelpful to the process of achieving a consensus more generally. Engagement needs to go much further than negotiations between UUK and UCU during valuation processes. USS does need to do far far more, in conjunction with the UCU and others, to engage members to help them understand their finances first before launching into what can be fairly abstract pensions discussions even for university professors.

The good news is that the membership have become much more aware of their pension scheme, mainly as a result of last year’s industrial action, and, being the inquisitive people they are, will I am sure now be looking for a higher degree of information (and education) from their pension provider about their benefit provision in future.

As the Pensions Policy Institute and many others have been saying for years, the decisions we are asking people to make are complex and subject to many different influences and biases. These decisions can be helped enormously if more care is taken in the nature and timing of how members are communicated with. Members will not value benefits they don’t understand and ultimately this scheme is only going to work in the long term if the people in it are trusted to be part of the decisions about its future.

The Bullshit Alternative

30. June 2018 · Write a comment · Categories: Actuarial, Economics, Legal, Prediction, Regulation

I have seen two very different pictures of the future of professional life over the last year or so. The first, which I wrote about over a year ago, was presented in The Future of the Professions by Richard and Daniel Susskind, and has been much debated since within the actuarial profession for what the implications might be for the future. In summary, the Susskinds set out two possible futures for the professions. Either:
• They carry on much as they have since the mid 19th century, but with the use of technology to streamline and optimise the way they work;
• Increasingly capable machines will displace the work of current professionals.

Their research suggests that, while these two futures will exist in parallel for some time, in the long run the second future will dominate. Indeed Richard Susskind has gone further in setting out what that future might look like for the legal profession, where he sets out future strategies for surviving in a world of increasingly capable machines as:

  • providing more for less (ie charging less (in particular the end of time cost fees), alternative billing arrangements such as “value billing”, making efficiencies and collaboration strategies where clients come together to share costs);
  • liberalising services (ie allowing a wider range of people to provide legal services); and
  • technology (ie online services in all of their forms to make the delivery of these cheaper, increasing use of data scraping, text mining, etc to replace what was previously done through expert judgement).

So far, so expected. The relentless increase in technological capability is bound to demand increased efficiency and leaner organisations competing ruthlessly in a pitiless market, right?

Enter an alternative vision for the future. Pointing out that we have been here before and that Keynes had speculated in 1930 that

In quite a few years – in our own lifetimes I mean – we may be able to perform all the operations of agriculture, mining, and manufacture with a quarter of the human effort to which we have been accustomed.

David Graeber, in his latest book Bullshit Jobs, points out that this never happened, despite pretty much all of the technological developments and income increases which Keynes predicted. He suggests that this future which the Susskinds are predicting is already happening in terms of needing fewer people to fill the meaningful roles within organisations but that, rather than employing fewer people, we are either creating “bullshit” jobs which even the people doing them can see no point to or bullshitizing existing roles for which the meaningful need has passed. It is as if the organisations themselves have attempted to maintain the outward appearance of the same structures by disguising the hollowing out of so many of their functions with simulated business.

It is an intriguing alternative vision of how the professional world might develop which has come in for some criticism, the most serious of which Graeber attempts to address in his book. One of the reasons he thinks the situation has been allowed to develop is that noone believed that capitalism could produce such an outcome. But that is only if you accept the rational profit maximising principle, which many economists have now abandoned as an explanation for corporate or individual behaviour. Graeber gives one particularly important example of this in the creation of Obamacare, where Barack Obama “bucked the preferences of the electorate and insisted on maintaining a private, for-profit health insurance system in America”, quoting him as follows:

“I don’t think in ideological terms. I never have,” Obama said, continuing on the health care theme. “Everybody who supports single-payer health care says, ‘Look at all this money we would be saving from insurance and paperwork.’ That represents one million, two million, three million jobs [filled by] people who are working at Blue Cross, Blue Shield or Kaiser or other places. What are we doing with them? Where are we employing them?”

So which vision of the future is more likely? I think, at the moment, there is probably more evidence for the Susskind vision, mainly because he has been working in this area for 30 years and therefore many of his predictions, such as the use of email to provide legal advice, have had time to emerge. Many of the stories in Graeber’s book ring true for me and are similar to experiences I have had at times myself, but he has only obtained 300 of them. The YouGov poll which highlighted that 37% of working adults say their job is making no meaningful contribution to the world – but most of them aren’t looking for another one, was based on a sample size of 849. There was also a similar result (in this case 40%) from a survey in the Netherlands, for which I couldn’t easily find the sample size. However this does also lend some weight to one of Graeber’s other contentions in the book that the financial industry might be considered a paradigm for bullshit job creation, as the following graph (from a working paper on this issue by Stolbova et al) shows that the Netherlands and the UK are by far the most financialised economies in the EU.

There are other parts which ring less true for me. For instance, I do not recognise the alternative “non-managerial” university exam paper production process to that shown below (which is just the academic staff sending the exam to a teaching assistant to print and the teaching assistant confirming that he/she has done so) as ever having been remotely acceptable, but this may just reflect the fact that I have been working in academia for a far shorter time than Graeber. However there is no doubt that this is an interesting and useful field of enquiry and potentially concerning for all of us trying to support our graduates in negotiating a meaningful and rewarding entry into the workplace.

There is likely to be significant disruption over the next couple of decades in how we do things and it seems likely to me that there will be many seeking to protect familiar organisational and power structures along the way, as our assumptions about what we want and how we are prepared to have it provided to us are seriously challenged in sometimes unnerving ways. Of the sustainability of these protections ultimately, I am less sure.

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