Tag: european commission

Why the travails of Apple are symptomatic of a much wider problem

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By Daniel Margrain

In the wake of the democratic decision of the British people to exit from the EU, it would paradoxically appear to be highly probable that the UK government will give away the kind of sovereignty the ‘Brexiteers’ claim to covet by signing an unadulterated TTIP deal with the United States government. At a point in time in which the UK government appears set to extricate itself from the ‘bureaucratic and unaccountable’ EU, the multinational conglomerate Apple is availing itself of Ireland’s tax system, the most favourable national tax regime in Europe.

However, the European Commission ordered Apple to pay the Irish government £11bn of back-dated tax that it has avoided. The Irish Cabinet agreed to appeal the European Commission diktat. Irish PM, Enda Kenny, ordered his ministers back from their summer holidays after the European Commission accused Ireland of breaching state aid rules.

But Independent minister John Halligan initially said that the Irish government should take the cash owed by Apple in order to fund hospital services in his constituency before eventually agreeing to the decision to appeal the ruling. The European Commission alleges that Apple’s effective tax rate in 2014 was a mere 0.005 per cent which means that someone earning £30,000 a year at an equivalent rate would pay just £1 a year in tax.

Meanwhile, the reaction of the British government to the impasse, was not to support the EU in its noble endeavor, but rather to remain on the sidelines in the hope that the situation would play out to their advantage, thus providing them with a potential opportunity to entice Apple with a ‘sweetheart’ ‘investment’ deal. Meanwhile, as Alex Callinicos  pointed out “Apple is playing the EU and the US off against each other over which gets the taxes it hasn’t been paying.”

It’s precisely the logic that overrides these kinds of shenanigans that explains one of the reasons why wealth inequality continues to rise to stratospheric levels, and why governments are witnessing a backlash against globalization. Over the past 40 years, the productive capacity that capitalism has engendered, allied to the ability of successive governments to transfer assets and capital from the public to the private sphere, has created an enormous concentration of wealth at the very top of society.

Britain is a country where armies of lawyers and accountants sift through mountains of legal paper work in order to justify on a legal basis those at the very top paying as little tax as possible. This has happened as a result of the restructuring of rules and regulations which provide corporations with legal loopholes with which to jump through.

In the case of Apple, profits are funneled into a ‘stateless company’ with a head office which, according to EU Commissioner, Margrethe Vestager, “has no employees, premises or real activities.” In other words, Apple’s resident European office for tax purposes doesn’t exist. It has no staff and no location so it doesn’t pay any tax on most of the money it earns outside the United States.

Ireland has been told that it must claw back the £11 bn of back taxes from Apple even though Ireland’s ruling politicians say they don’t want it. This is money which could be spent for the benefit of an electorate who these politicians supposedly represent. Irish finance minister Michael Noonan intimated that individual states, not the EU, are responsible for individual taxation policies. “It’s an approach through the back door to try to influence tax policy through competition law.”, he said.

But what use is a tax policy if it is not intended to benefit human kind? If tax havens like Ireland behave in a way that negatively affects the well being of humans by reducing the resources available to fund services and infrastructure of which the functioning of civil society depends, then such a tax policy is not worth the paper it is written on. Does Ireland look like a country that doesn’t need £11 bn?

Apple’s billions worth of profits generated in Europe and the Middle East are transferred to Ireland where the company pays tax on just 50m euros worth. The rest is sent to their non-existent ‘virtual’ head office. As of 2015, the company’s lightly-taxed foreign cash off-shore mountain of $187bn is the biggest of any U.S multinational.

 

How can Apple defend this state of affairs whilst simultaneously maintaining the moral high ground by claiming that any attempt to prevent such an immoral situation will be bad for the societies in which they operate?

The activities of a virtually non-existent tax-paying company like Apple is already bad for these societies. The reason the masses, as opposed to companies like Apple, are subject to tax at a fixed rate, is because the former, unlike the latter, are not in the financial position to be able to avoid it. Those who are least able to pay taxes are the ones who have it deducted from their wages in full at source.

It’s not the overreaching arm of the EU ‘interfering’ with the tax laws of individual member states that’s the problem, but the fact that multinationals pit one country against another to avoid paying as much tax as possible while availing themselves of everything the rest of us pay for. The ‘race to the bottom’ is one in which corporations are constantly on the look-out to ‘up-sticks’ in the search for ever cheaper tax havens.

The end goal is a scenario in which the corporations pay no tax at all, while the masses pay for civil society because corporations like Apple, Google and Starbucks don’t have to. The upward spiral of money from the many to the few is increasing at a rate of knots due to a form of state-managed capitalism that perpetuates it. Moreover, it is happening to the detriment of the whole of the human race.

Widespread public anger towards this kind of systemic corruption is stymied daily as a result of the distractions associated with TV light entertainment and sports programmes. All this is aided by a largely uncritical corporate-based journalism. The ability of the rich and powerful to lobby governments in support of their own economic narrow interests, often to the detriment of the environment and society at large, exacerbates the problem.

Shortly before becoming the UKs unelected PM, Theresa May, intimated that the Tory government she would go on to lead would instigate greater transparency between government and big business and that she would no longer tolerate the undue influence of corporate power on domestic UK politics and the corruption through the power of lobbying that this implies. However, less than two months later, the Guardian revealed that a £3,150 payment to the government will buy business executives strategic marketplace influence.

The privileging of a tiny minority of the wealthy and corporations in this way, can be regarded as nothing less than the usurping of democracy. The mass of the working poor whose exploited labour creates the wealth from which the rich benefit and who often vote for corporate-funded politicians diametrically opposed to their own interests, is indicative of the propaganda power of a corporate and media-dominated political and economic system.

With a corporate tax rate levied at just 12.5 per cent, Ireland is effectively prostituting itself to Apple who can legally say that legally they are doing nothing legally wrong. The conventional argument goes that if Ireland failed to attract corporations like Apple, then it would be places like Belize, Bahamas or any of the British tax avoidance dependencies who would. But this zero-sum game means that while this situation is great for the CEOs of the corporations and their shareholders, it’s terrible for everybody else.

Because of the unfair competitive advantage the multinationals are able to lever, shops close, factories shut down and local businesses go under. Companies like Apple not only have governments on their side and can buy and manufacture on a vast scale, but they are not subject to the relatively higher rates of tax small businesses are forced to pay.

This situation is compounded by the fact that the typical consumer will tend to look for the cheapest goods and services available which, as a result of economies of scale, the big corporations will be most likely to provide. In such an eventuality, the role that corporations play in society becomes more prevalent at the expense of the small business.

The logical corollary to this is that eventually everything will be sold by a few giant multinational corporations who will come to dominate the marketplace resulting in less choice for the consumer, as well as its monopolization by private capital. This process was predicted by Marx who understood that capitalism was an inherently contradictory system.

In order to gain a competitive advantage over their rivals, capitalists either need to introduce mechanization to speed up the production process, reduce wages or replace their existing workforce with a cheaper one. Here’s where the contradiction comes in: If all capitalists are engaged in this process, their workers will have less and less money so they won’t be able to buy what the capitalists are producing to sell.

The capitalists, therefore, are effectively ‘creating their own gravediggers’ as a consequence of there being less demand in the economy. How has the system managed to have kept going when people don’t have money to buy things? The answer is the emergence and widespread availability of credit. However, the problems of capitalism are now so severe, so systemic, so global, that many people are wondering whether the system is coming to an end.

Barefoot economic values, TTIP & the democratic retreat.

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By Daniel Margrain

Equality before the law is one of the most fundamental principles underpinning justice. It is therefore an act of utter insanity to want to roll back the gains that has seen societies’ flourish as a result of the enactment of these principles and yet that’s precisely what the UK government like that of the US and 13 other EU members seem to be sleepwalking into rubber stamping.

Fifteen years ago, George Monbiot analysed the extent to which the UK government – through the dictates of the Private Finance Initiative (PFI)- had essentially become captive to the infiltration of the state by corporations’ on the national level. What is now being proposed transnationally, is essentially the capture of national sovereignty by multi-national corporations.

The Investor-state dispute settlement (ISDS), a procedural mechanism that allows foreign investors to sue states’ for damages in a tribunal of arbitration, have in recent years, increased in number and value. They are set to grow exponentially if the Transatlantic Trade and Investment Partnership (TTIP) which sets the provisions for ISDS, is allowed to go ahead as expected next year.

It will effectively mean that corporate lawyers across the EU and US will be allowed to overturn the laws of individual democratic governments’ with a view to them seeking massive compensation claims on behalf of the corporations they represent on the basis that likely “future anticipated profits” would be adversely affected.

The provisions of the draft agreement which was conducted in secret and only came to light after their contents were leaked to the media in March 2014, followed the results of a public consultation undertaken by the European Commission. Neither appears to have done anything to ally public concerns over the proposed deal which, should it end up being finalized in its current form will, as I will attempt to show below, have profound negative implications for Western democracy.

In December 2013, a coalition of over 200 environmentalists, labour unions and consumer advocacy organizations on both sides of the Atlantic sent a letter to the US federal agency responsible for trade policy, the United States Trade Representative (USTR), and European Commission demanding the ISDS be dropped from the trade talks, claiming that it was “a one-way street by which corporations can challenge government policies, but neither governments nor individuals are granted any comparable rights to hold corporations accountable”.

Clearly, the clauses in the trade agreement relating to investment protection are open to abuse, as is the undermining of national sovereignty resulting from this potential for abuse – issues that were tackled in a Guardian article by Owen Jones. Expanding on this, Martti Koskenniemi, professor of International Law, warned that the planned foreign investor protection scheme within the treaty, similar to World Bank Group‘s International Centre for Settlement of Investment Disputes (ICSID), would endanger the sovereignty of the signatory states by effectively allowing for a small circle of legal experts to be given the power to usurp democratic legislative procedures and standards.

Professor Colin Crouch describes TTIP as “post-democracy in its purest form”. By this he means it represents a deficit in democratic accountability in which the structures of the state have ceded their powers to the imperatives associated with multinational capital. Post-democracy in these terms equates to the shifting of power towards corporations’ where deals are often struck in secret out of the reach of public bodies whose democratic role is to scrutinize them in the public interest.

Whenever scrutiny is removed, the burden of both economic and environmental risk relating to deals between political elites and corporate lobbies, tend to tilt towards the public sphere who pick up the pieces by way of what economists euphemistically refer to as “externalities”. Often, for example, deals involve the construction of large infrastructural vanity projects including football stadiums, Olympic villages and the like, that usually come with negative knock-on environmental, ecological, employment and economic impacts.

The London mayor Boris Johnson’s less than transparent involvement in the Olympic Stadium deal between the London Dockland Development Corporation (LDDC) and Premier League football club, West Ham United, brokered by Lady Brady, is an example of how both the political and business elites mutually benefit from these kinds of potentially environmentally and economically (for the tax payer) damaging and secret deals.

As the Blatter scandal, and more recently, Sebastian Coe’s cozy relationship with Nike and his other underhand dealings illustrate, the corporate, government and national authority ties within the high echelons of sport, are indicative of a wider corruption, albeit an informal kind that, unless you happen to be foreigner, is rarely acknowledged within the British establishment.

In such cases, corruption is normally regarded to be an activity restricted to “tin-pot” dictatorships in the developing world rather than something that has arguably become “normalized” and symptomatic of a broader societal and economic malaise conducive to political life within formal Western liberal democracies’.

With virtually every public asset being up for grabs in the era of neoliberal globalization (and hence reduced to a crude form of exchange value by the elites), means that all aspects of our existence are to be potentially ceded to the altar of profit and multilateral economic growth. This is precisely the aim of TTIP.

But of course not all values are perceived in this crude narrow sense. Employment, environmental, and even food standards protection which TTIP is set to undermine, for example, are concomitant to the public good. Within the context of a finite planet, the same cannot necessarily be said of economic growth.

Another value that cannot be measured in strictly economic terms is happiness and contentment. Can it really be said with any conviction that we, in the first world, are generally happier and more content than people in the developing world?

Chilean economist Manfred Max-Neef brings some valuable insights into play within this area. Having worked for many years of his life in extreme poverty in the Sierras, in the jungle and in urban areas of different parts of Latin America, Max-Neef recalls:

“At the beginning of that period, I was one day in an Indian village in the Sierra in Peru. It was an ugly day. It had been raining all the time. And I was standing in the slum. And across me, another guy also standing in the mud — not in the slum, in the mud. And, well, we looked at each other, and this was a short guy, thin, hungry, jobless, five kids, a wife and a grandmother. And I was the fine economist from Berkeley, teaching in Berkeley, having taught in Berkeley and so on. And we were looking at each other, and then suddenly I realized that I had nothing coherent to say to that man in those circumstances, that my whole language as an economist, you know, was absolutely useless. Should I tell him that he should be happy because the GDP had grown five percent or something? Everything was absurd.”

He continues:

We have reached a point in our evolution in which we know a lot. We know a hell of a lot. But we understand very little. Never in human history has there been such an accumulation of knowledge like in the last 100 years. Look how we are. What was that knowledge for? What did we do with it? And the point is that knowledge alone is not enough, that we lack understanding….”

The overriding factor that has given Max-Neef hope in the poor communities that he has lived and worked in is:

“Solidarity of people… respect for the others. Mutual aid. No greed. Greed is a value that is absent in poverty. And you would be inclined to think that there should be more there than elsewhere, you know, that greed should be of people who have nothing. No, quite the contrary. The more you have, the more greedy you become, you know. And all this crisis is the product of greed. Greed is the dominant value today in the world. And as long as that persists, well, we are done….”

According to Max-Neef, the best principles of economics are based in five postulates and one fundamental value principle:

“One, the economy is to serve the people and not the people to serve the economy.

Two, development is about people and not about objects.

Three, growth is not the same as development, and development does not necessarily require growth.

Four, no economy is possible in the absence of ecosystem services.

Five, the economy is a subsystem of a larger finite system, the biosphere, hence permanent growth is impossible.

And the fundamental value to sustain a new economy should be that no economic interest, under no circumstance, can be above the reverence of life.”

In developing postulate three, Max-Neef explains:

“Growth is a quantitative accumulation. Development is the liberation of creative possibilities. Every living system in nature grows up to a certain point and stops growing. You are not growing anymore, nor he nor me. But we continue developing ourselves. Otherwise we wouldn’t be dialoguing here now. So development has no limits. Growth has limits. And that is a very big thing, you know, that economists and politicians don’t understand. They are obsessed with the fetish of economic growth” [My emphasis].

Crucially:

“…In every society there is a period in which economic growth, conventionally understood or no, brings about an improvement of the quality of life. But only up to a point, the threshold point, beyond which, if there is more growth, quality of life begins to decline. And that is the situation in which we are now.”

The aim of TTIP, is the promotion of multilateral economic growth (of which the ideology of progress is seen as emblematic). Paradoxically, this corresponds to the decline in the quality of life characterized by runaway climate change and the undermining of environmental protection that this implies.

The law of diminishing returns as inferred by Max-Neef, would suggest that humanity is currently at the threshold point. It’s up to us to determine our future path and those of our children and children’s children. In order to do that we need to break with the current socioeconomic paradigm.

 

Is The UK Government Deliberately Putting The Lives Of Eritrean’s At Risk?

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2014AFR_Ertirea_Immigration

Life in one of the biggest migrant settlement camps in Western Europe in the Calais jungle exemplifies our dysfunctional world, A miniature city of makeshift tents dot the landscape. Men and women of various nationalities undertake their basic day to day activities the best they can while they dream of a better life on the other side of the razor wire fences.

In many ways, the scenes at the settlements conform to many of the dystopian fantasies that permeate the popular culture of many of those, who by nothing more than a simple twist of existential fate, happened to have been born into relative privilege.

These are citizens who, through either business or leisure activities, are able to move freely from the one line of demarcation to the other. Occasionally this might involve confronting the “other” due to the fact that many of their migrant counterparts will be moving in the opposite direction.

As Matt Carr, who travelled from the UK to France recently, eloquently put it:

“There we can find a city that has become a perfect mirror of our dysfunctional world, a place where men and women fuelled by the promise of sanctuary or the hope of a different life collide with the UK’s pitiless and implacable borders, and intersect with the dreams of the citizens of one of the richest countries on earth, heading for their holidays or returning from them.”

The sad reality for the refuges who stay in the camp more than a few days is that they are likely to remain their for the foreseeable future.The Guardian did a very good photo essay of life in the camps which can be seen here. These are the “forgotten” migrants, the poorest of the poor who are near the bottom of the migration food chain because they don’t have neither the sufficient funds to pay the gangs nor the contacts.

The media narrative tends to focus on the migrants who are able to pay the gangs between £1,000 and £4,000 to be put on to lorries bound for the UK hundreds of miles before they reach Calais. If justice prevailed, many of the “forgotten” at the bottom would be at the top, but it doesn’t so they aren’t. The migrants from the horn of Africa country, Eritrea, have a particularly strong case for the top status.

These are people that are fleeing political repression in their home country. A recent UN report outlined systematic human rights violations in Eritrea including torture, imprisonment and forced labour. Many Eritreans come to the UK seeking asylum but there has been a drastic decline in those given refugee status because of a recent change in government guidelines.

Government statistics show that between January and March 2015, 743 Eritrean applications for asylum were made of which 543 were granted. That’s an approval rate of 73%. However, since government guidelines changed in March, the approval rate had dropped to just 34%.

Eritrean’s are the only group, apart from Syrian’s, eligible for re-location from the EU’s bordering states’ because, according to The European Commission, they are deemed “persons in a clear need of international protection.”

So why does the British government appear to be paving the way to send them back to an almost certain death?

It would seem that the government has revised its guidelines on Eritrea based on a report commissioned by the Danish government which suggests that the Eritrean government is reforming. But in June the UN accused Eritrea of crimes against humanity.

According to Dr Lisa Doyle of the Refugee Council,:

“The government are currently basing their decisions on a report that is fundamentally flawed and widely criticised. These are life and death decisions and we need to be giving people the protection that they need”.

The nation who was partly responsible for establishing the boundaries of the present-day Eritrea nation state during the Scramble for Africa in 1869 as part of its imperial ambitions, is the same nation who today is denying fundamental human rights to the people it formerly subjugated.

It’s clear that the government is using the plight of the Eritrean people as a political football in an attempt to hit their immigration target, thereby pandering to a right wing electorate fearful of growing rates of net migration which are currently at record levels. The fact that the British government is playing politics with people’s lives in this way is abhorent but not surprising.