Earlier this month, Charles Randell asked whether the Government could force us to invest in ourselves.
Randell is the former FCA Chair is someone who will tell you he earned the biggest monthly pay-packet for him and his law firm by sorting out Government problems in the financial crisis. Government intervened in the financial affairs of British Banks – that means you and me paid off the creditors who could have sunk bigger institutions than Northern Rock and Bradford and Bingley (mentioned below).
He is no bleeding liberal, he’s a lawyer with the best credentials. Here’s his cute legal argument on what Government’s can do to make investment in Britain happen.
Others have already commented on whether mandating insurers to invest customers’ default funds in UK private assets would serve the interests of pensioners, but as a (more or less former) lawyer I’ve been wondering about the legal aspects. Article 1 of the First Protocol to the European Convention on Human Rights (part of English law through the Human Rights Act) concerns property rights. Broadly speaking, interference with property rights by the Government must be justified by the public interest and must be proportionate. Mandating investment in UK private assets would surely be interference.



People invest elsewhere because the figures say the UK is a bad investment.
To invest in the UK overweight is throwing money away.
It’s a clear issue, if you want investment in the UK make it look like a good bet.
Forcing people to put their savings into UK businesses, who are then legislated into using money to pay more taxes, salaries or whatever else, is basically a stealth tax on savings and pensions.
UK businesses are legislated out of contention.
Tax policy alone appears business hostile and consumer hostile. Why would anyone want to invest here?
I don’t think pension trustees should be investing in “good bets”, Dave C.
There is an investment case to be made for investing in quality, dividend-paying UK listed companies, in UK gilts (and maybe some corporate bonds) paying decent, inflation-adjusted yields, and in UK rental property paying decent (rather than exploitative) rents.
But in the earlier blog featuring Tom McPhail
we both agree that it is not the role of government to mandate such asset allocation if it lacks prudent investment potential.