Recent decisions on the Icelandic and Irish
banking work-outs and the impact of Eurozone decisions call into question
fundamental issues of moral hazard, shareholder risk and common sense. This is
seen in recent decisions concerning Landeskanki of Iceland and Allied Irish
Bank of Ireland.
On January 28th, the Financial
Times reported (Iceland
triumphs in Icesave court battle) that the court of the European Free Trade
Association (EFTA) ruled that the Icelandic government’s decision not to
reimburse Dutch and British Landesbanki Icesave depositors using national
resources, but with the liquidated resources of Landesbanki, was upheld.
In part, this was due to the fact that the
liquidation process has paid back over 90% of the minimum deposit guarantee:
In
any case British and Dutch governments are still likely to get most, if not
all, of their money back. Landsbanki’s estate has already paid back IKr585bn
($4.6bn) of the IKr1,166bn claims from Icesave, equivalent to more than 90 per
cent of the minimum deposit guarantee that the two governments were obliged to
pay. … It intends to repay the full amount but will only pay interest for about
six months, because of an Icelandic supreme court ruling, rather than the full
length of time that the two governments demanded.
It is instructive to contrast this with the
recent European Central Bank decision on the cost of bailing out Anglo-Irish Bank
to the Irish government as reported by Reuters on the same day (Insight:
Irish banks at mercy of international paymasters).
The Irish government had made a very modest
proposal of converting a promissory note issued at the height of the crisis for
underwriting Anglo-Irish with the issue of long-term government bonds. This
restructuring would improve the loan term, reducing the EUR 3.1 billion the
government is currently spending per year on the note. Ireland’s 2012 GDP is estimated
by Eurostat at EUR 162.3 billion, so this promissory note amounts to 1.9%
of 2012 GDP.
As
reported by Reuters, the ECB rejected Ireland's preferred solution for
restructuring the cost of propping up Anglo Irish because it amounted to
"monetary financing" of the government.
This is extremely ironic, given that the
ECB’s EUR 1 trillion Long Term Financing Operation (LTRO) to private banks was
extended with the precise objective of monetary easing.
As reporting previously (Navigator,
Eurointelligence,
FT
Alphaville), the low-cost LTRO funds (1%) was
re-invested in higher-yield sovereign bonds, resulting in indirect “monetary easing” as well as a significant
carry trade interest for the banks.
This contrasting approach, which is currently
being implemented in Cyprus, calls into question a number of issues:
·
When and under what conditions
should a government, and by extension the citizens of a country, be made
responsible for the mistakes of a private bank?
·
What special interests have
been served (primarily by European banks over-exposed to bad loans in other
countries) in the current Eurozone bailout and LTRO approach?
·
Who has paid more in the
European banking crisis: bank shareholders and bank management? Or citizens and
taxpayers?
·
At what point does European
monetary policy and European competition policy contradict common sense in
financial restructuring? (And how many years ago was this point passed by?)
These recent decisions illustrate more than
the technical issues such as bank deposit insurance or bank regulation in the
Eurozone or European Union. They illustrate a very real problem of regulatory
capture and embedded moral hazard, as well as the total immunity of bank
managers and government officials responsible for regulating banking as well as
sovereign debt.
It should come as no surprise if popular
anger and dissatisfaction at the “democratic deficit” of Brussels and Frankfurt
continue to rise, and increasing numbers of European citizens and voters become
fundamentally disillusioned with the idea of sharing national sovereignty any
further.
© Philip Ammerman, 2013
Philip Ammerman is Managing Partner of Navigator Consulting Group and ECN Business Intelligence.