The AICD puts its view on regulation
The
Australian Institute of CompanyDirectors (AICD) has issued a new policy paper (“
Governing for a more prosperous Australia”) that puts forward to the next
government of Australia the key issues for directors, including a
“new approach to regulation and better consultation with business”.
It defines three “critical components
of reform”:
- Review and reform existing regulation
- Review and reform the process of
regulation
- Improve the interaction of business and
government
Its first key recommendation is that
non-regulatory solutions should be the
default mode
when addressing public policy issues and that any regulation should include
“offset savings” for business whilst requiring that the public
service undertake a range of additional activities when drafting
regulations and that the government should slash existing
regulations.
The purpose is to allow directors to
spend more time on “strategy and entrepreneurship”, and allow
them to do their “real job” of improving company performance,
while not being hindered in generating wealth. This altruistic plea
from the heart has only the country in mind as red tape slows “the
engines of growth and job creation” and “stifles wealth creation
in the economy”.
Has the AICD focused on the real issue?
One assumption of the company
directors' view is that, in the absence of interfering regulation,
their companies are models of efficiency, with all of them centres of
excellence in what they do. The truth, of course, is much less
laudatory. I've written of this in my
Leadership blog and my
company blog.
One cannot, however, disagree with the
proposition that regulation saps productivity. But then its aim is
not the efficiency of a firm but its behaviour. Firm-level
efficiency is a matter for the directors and managers; industry-level
efficiency is a matter for the key players in the industry; and
national efficiency does involve governments.
By the nature of bureaucracy, any
regulation will to an extent be inefficient and ineffective and so
should be avoided. However, as with most business organisations, the
AICD wants government to take a new approach to regulation, not its
members.
Good managers (and directors) address the root cause not the symptoms
The AICD's proposal is faulty in two
key regards. Firstly, it assumes that regulation occurs in a vacuum
when it is in fact reactionary. Regulation arises from a view in the
community that an organisation (commercial, sporting, religious or
whatever) is misbehaving. Governments respond by regulating the
miscreants (and their peers).
Secondly, the AICD conflates national
wealth with company profitability. National wealth takes into
account the cost of business externalties such as pollution, employee
harm and community dislocation. Company directors and managers do
all they can to externalise their costs as this is the easy way of
increasing profitability. They will be handsomely rewarded if they
can convince governments to take responsibility for cleaning up
rivers, rehabilitating injured workers, training workers, assisting
communities when their major employer packs up and goes elsewhere,
and so forth.
The AICD's approach does not get to the
root cause of regulation – the misbehaviour of their companies.
They demand reduced regulation but operate at the limits of existing
regulation – an “if its legal, we can do it” attitude – and
then decry the predictable response of the public and government.
Think of the tobacco companies, asbestos companies and the shale gas
mining companies.
The "once and for all" way to end regulation
The way for directors to avoid
regulation is to consider all the effects of their decisions; to
understand that a corporation is an entity whose existence is
licensed by the community in which it operates; and to understand
that shareholders are but one of a number of stakeholders with an
investment in the productive and ethical operation of the
corporation.
If directors wish to avoid regulation
they should, like any social entity, behave.