Why we need French lessons to help shape the European debate

Author: Laura Miller
Professional Adviser | 20 Oct 2011 | 08:00

Categories: UK| Europe| Regulation| Regulation

Topics: European Union| legislation

laura-miller

UK financial services would have more say over EU legislation if it said anything at all...

Former US Secretary of State Madeline Albright is attributed with saying: “To understand Europe, you have to be a genius - or French”. France, it seems, is strikingly adept at getting the most for itself out of EU regulation (see Syed Kamall comment, below). The secret to their ‘genius’? Turning up, apparently.

France should be applauded for its foresight. Of course turning up is not really the secret. Knowing that it is important to turn up is. In case anyone is in any doubt, the creation of European financial services legislation is an important event for the UK.

Take the catchily-titled Markets in Financial Instruments Directive, mark two (MiFID II).

Just two examples of the potential impact of MiFID II on the adviser market would be to ban platforms from issuing fees to discretionary fund managers (DFMs), which would have to come direct from clients; and limiting the FSA’s total ban on commission under RDR to just a ban for independent advisers.

EU directives are non-negotiable to member states once they have been agreed at European Parliament level.

Of course, all 27 countries will get their chance to haggle before then but, due to the financial crisis, countries like Britain - seen by Continental Europe as the standard bearer for light touch rules - will find it harder to shape the debate (and harder still without the support Kamall says is necessary to avoid a blanket read-across of the rules to the UK). Financial advisers in Britain must take responsibility for responding to calls for comments from Europe, or press their MPs and trade bodies to do so.

The FSA can get on and make its own regulations (many in the industry would argue it does this all too frequently). But it is the Economic and Monetary Affairs Committee in Brussels which sets the framework from which the FSA - and all other member states’ regulators - must operate within. The analogy may be unnecessarily unflattering, but the FSA is the monkey to the EU’s organ grinder.

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Not Europe again!!

it is clear that we should be informing and influencing the European debate as much as the one at home. Furthermore we can't be sure the decision makers in Europe fully understand the issues and yet their power is supreme. Could Europe effectively neuter RDR? Is it at all possible we could negotiate an opt out (I would think the FSA/FCA would go for that) or is it so closely tied into banking reform that we are just part of the whole financial services reform package? Could last night's Commons vote with 80plus tories defying Cameron be a source of inspiration? Finally what do our french counterparts think ?With their past record they may end up setting fire to clients if they don't like the proposals!! Vive la difference!!

Posted by: Duncan Jones

25 Oct 2011 | 13:39
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The FSA is no monkey

I am not sure what planet the author of this article is from. The European Markets Directive for Brokers and Intermediies was 14 pages long and the FSA has mananged to increase the regulations here to well over 8500 and a fat lot of good it has done anyone. We need to ask oursleves why the UK has knack of gold plating EU directives and for whose benefit. Whilst not being a fan of the EU insofar as its refusal to be transparent about its hidden agenda of creating a federal Europe, It has not always screwed things up for intermediary regulation, that "Engine Driver" mantle rests firmly with the FSA, and so long as there is no political will to change the mess already created to date by the FSA, insisting it reduce its regulations and not continue to add to them, it will stay with the FSA. There seems to be a major failure by all those in the FSA heirarchy to actually understand what a total mess they made of financial regulation. Perhaps that is because all the politicians involved to date have been incompetants, and thstill appears to be very much the case.

Posted by: Robert Marshall

25 Oct 2011 | 16:41
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Look at some facts

Let’s look at it by numbers 1. If we think we can leave or do without the EU we are deluding ourselves. 2. I don’t think anyone would disagree that the EU is not perfect. 3. If you want to influence or change anything you are better off doing it from the inside than without. In other words – turn up – like the French. 4. Don’t criticise the French for doing what we don’t have the nous or the gumption to do ourselves – put our interests first. 5. We are dummies when it comes to Europe – we take the rules and gold plate them. While French just manipulate them to suit themselves and the Italians just shrug and ignore them without shouting about it. 6. One of our biggest handicaps is that we persist in living in the past and glorifying in the fact that we won WW2. That’s history its over we are not a world power and without Europe our voice will count for nothing. 7. You may well enjoy criticising the EU and Europe, but when you look at the tangible figures and the intangibles Europe as a whole has outpaced us since the 1950’s. They enjoy a better standard of living and a better lifestyle. Measuring the quality of life by the Human Development Index France lies at number 8 we are at No 20. (Netherlands 6 Austria and Spain at 14. -Germany equal with us). France’s GDP is 32% better than ours (with the same population) and Germany’s some 72.5% better with a population 35% larger. Italy has 9% better GDP than us with 3.5% less people. 8. However badly you may think the EU is run, our lot do worse. Part of the reason is that we have more ‘professional’ know nothing politicians than they do. So Viva La France, Forza Italia und Deutschland Uber Alles. While we trail along behind moaning.

Posted by: Harry Katz

25 Oct 2011 | 16:50
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