On 16 March over 40 trade union movements from around the world will gather in Paris to discuss the problems of private equity. They will be gathering under the aegis of the OECD Trade Union Advisory Committee. The OECD discusses policy issues and, sometimes, it creates rules for governments to implement.
Anyone who is surprised at the scope and intensity of the present attack on private equity has not been paying attention for the past 2 years. One example among many: in the final days of debate on the UK Companies Bill, a number of questions were raised in Parliament about why publicly owned companies were treated differently than privately owned ones.
Three general trends are at play, and they suggest that the private equity sector is not the problem. Rather, they are a convenient proxy for a much more fundamental and long-overdue debate on the relationship between financial and non-financial capital and value-added, and the degree to which those in positions of influence should be held accountable for their impacts.
Trend 1: Other than government, the financial services sector is now the most important public policy lever. At the 2002 World Summit on Sustainable Development, companies and governments pushed for a stronger focus on voluntary, market-based approaches to sustainability: i.e. less regulation. No one influences ‘voluntary’ corporate behaviour more than the owners of capital.
Trend 2: Investors and companies are deciding to pay more attention to non-financial risks & opportunities and non-financial value creation. Be it intellectual property; brand equity; staff turnover; customer satisfaction; … there is more to long term success than P/E ratios and cash flow. Environmental, social and governance issues are increasingly seen as an important part of the non-financial bundle.
Trend 3: Governments are beginning to cement this new understanding into corporate law. The 2006 UK Companies Act enshrined the concept of enlightened shareholder value (ESV) in the newly codified Directors’ Duties. That is, companies need to consider not only the financial returns to shareholders, but also their impacts on the environment, communities, employees, society and the supply-chain. And they need to disclose how they fulfil this duty in an enhanced Business Review.
So: if privately owned companies can have as significant an impact on society as publicly owned ones … why do we not expect the same responsibilities and disclosure from them? And why shouldn’t we expect as much pressure on the owners of private equity as public equity?
Other parts of the financial services sector have developed codes or principles in response to similar attacks. This includes most notably the project finance sector (the Equator Principles) and institutional investors (the UN Principles for Responsible Investment).
Does the private equity sector need its own code of conduct? Maybe.
Does it need to demonstrate how it protects non-financial value? And does it need to be more accountable for its impacts on society? Absolutely.
I have worked with a number of sectors that have come under attack, including chemicals, forestry, large dams, institutional investors and pharmaceuticals. In each of these cases, a tipping point is reached at which the reputation of the sector as a whole impinges on even the most enlightened and responsible company.
If the private equity sector is not yet at that point, then there may be a comparative advantage to be had by those funds than can inhabit the “responsible” ground. But if we are past that point, then regulation or a sector-wide, multi-stakeholder initiative is needed.
A final note: Workers do not create trade unions; society does, through laws that ensure freedom of association and collective bargaining rights. The private equity sector is not at odds with the trade union movement; it is at odds with an institution that society has created to protect the rights of workers. They should keep that in mind.
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