Difference between revisions of "Cash-for-access (United Kingdom)"

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In the UK in particular and in developed economies more generally, a recurrent question that customers ask of tradespeople, such as those doing home maintenance and repair work, is ‘How much for cash?’ Similarly, it is commonly the case that such tradespeople will give customers an official quote for doing a job with Value Added Tax (VAT) included, and then say, for example, ‘or 20 percent less for cash-in-hand.’
In the United Kingdom, ‘cash for access’ denotes the exchange of money between two or more parties, with the donor seeking to gain access to an office-holder and the recipient facilitating access in exchange for money. The term is most frequently associated with cash given to MPs, parliamentary aides or ministers who agree to use their connections with office-holders to secure meetings in exchange for money. The term cash for access emerged in the wake of the 1998 ‘Lobbygate’ scandal involving Tony Blair’s political advisor, Derek Draper. Whilst the term appears to have been created shortly after the scandal, with its first use occurring in 1998, it has now entered common political parlance to describe the exchange of money for access to office-holders. Despite its contemporary origins in the British media, cash for access is closely associated with the linguistic term ‘open door’ (OED 2015). Often individuals embroiled in cash for access cases use terminology that suggests a particular sum of money can ‘open the door’ or ‘open doors’ to the office-holder in question (BBC 2010).
‘Cash-in-hand work’ refers to monetary transactions that are unregistered by, or hidden from, the state for tax, social security and/or labour-law purposes but which are legal in all other respects (European Commission 2007; Williams 2014; Williams and Windebank 1998). ‘Cash-in-hand’ work has been denoted in other contexts using over 45 different adjectives and ten different nouns. It has been called the ‘black,’ ‘concealed,’ ‘informal,’ ‘irregular,’ ‘hidden,’ ‘invisible,’ ‘off-the-books,’ ‘subterranean,’ ‘undeclared,’ ‘underground,’ ‘unobserved,’ ‘unorganized’ or ‘unregulated’ economy, sector, work, employment, activity, sphere or realm, to name but a few of the adjectives and nouns employed. It is immediately apparent when one examines these adjectives that they all describe something that is absent, insufficient or missing.
Cash for access is part of a wider set of informal practices known as ‘cash for favour scenarios’. Cash for favour scenarios are defined by the clandestine exchange of money for some type of privilege (Rowbottom 2010: 80). Two notorious examples that are also well-established in the British political and journalistic lexicon are ‘cash for questions’ and ‘cash for honours’. The term ‘cash for questions’ was coined in the wake of a 1994 political scandal, in which two British MPs were accused of taking money from lobbyists to ask questions in parliament that would benefit the lobbyist’s cause. Cash for honours refers to the awarding of life peerages to those who donated or loaned large sums of money to the governing political party, and is particularly associated with a political scandal of the same name under Tony Blair’s administration in 2006-7. The main feature that distinguishes cash for access from other cash for favour scenarios is that in cases of the former, financial inducement merely secures access to the office-holder and does not guarantee a ‘result’ or ‘benefit’ in return. Mere access to a politician may not directly influence their decision-making. In contrast, other cash for favour scenarios directly influence the actions of the office-holder. For example, in the 1994 cash-for-questions scandal, the money received by the MP Neil Hamilton directly influenced Hamilton’s line of questioning in parliament (Farrell, McAllister, and Studlar 1998: 83).
The one thing absent from ‘cash-in-hand’ work, and its only illegitimate feature, is that it is not declared to the authorities when it should be. It is not declared for three reasons: to evade paying direct or indirect taxes (income tax in the former case; VAT or excise duties in the latter); to make a fraudulent benefit claim (where someone who is officially unemployed claims state benefits while working); and to avoid labour legislation (such as employers’ insurance contributions, minimum-wage agreements or safety standards in the workplace). Cash-in-hand work covers only activities where the means do not comply with regulations but the ends (goods and services) are legitimate (Staudt 1998). It does not include criminal activity where the goods and services are themselves illegal, such as drugs-trafficking. The only illegitimate feature of cash-in-hand work, to sum up, is that the monetary transactions are not declared for tax, social security or labour law purposes (Portes 1994; Thomas 1992).
‘Cash for access’ is broader in scope than other ‘cash for favour’ practices. The term covers a range of practices – from the corrupt and potentially illegal, to others which are more ethically ambiguous, and widely and openly practiced as part of political life. A distinction can be made between cases in which an individual agent personally pockets the money, and those where the beneficiary is an institution – typically a political party. All the major UK political parties use fundraising events such as balls and dinners, which often include tickets costing several thousand pounds to be seated on the same table as eminent politicians. For example, the Labour Party was criticised in 2014 for allowing wealthy donors to attend a £15,000-a-head gala dinner without having to publicly register their names. At a similar event held by the Conservative Party in 2015, guests were invited to bid up to tens of thousands of pounds to have dinner or partake in other social activities with various politicians. Such events are often criticised by the media, but this does not appear to affect the practice of them.
Examining the extent of participation in cash-in-hand work, an English Localities Survey conducted at the turn of the millennium found that 4.6 percent of those surveyed had engaged in cash-in-hand work in the past twelve months (Williams and Windebank 2001). Similarly, a 2013 Eurobarometer survey found that 4 percent of respondents across the European Union (EU) had engaged in cash-in-hand work in the previous twelve months (Williams 2014b). These were, however, likely to be lower-bound estimates given the likelihood of under-reporting in these surveys.  
Although cash for access is closely associated with the institutional practices of UK politics, similar practices occur in other countries. In China for example, some cases of shouhui can involve the exchange of money for access to office-holders. Shouhui refers to the practice of office holders receiving unsolicited money in exchange for undertaking a specific action (Kwong 2015: 15). Despite shouhui cases often having a cash for access element, the practice is closer to other more illicit cash for favour practices (Navarro 2006: 169). Given that cash for access requires a certain set of institutional mechanisms to occur, it is perhaps unsurprising that in addition to the UK, its occurrence has been noted in other Westminster political systems such as Australia and Canada (Jabour 2015; McMenamin 2013: 135).
Cash-in-hand work has traditionally been viewed as low-paid waged employment forced on marginalised populations by unscrupulous employers (Gallin 2001). Since the turn of the millennium, however, it has been recognised that much cash-in-hand work is conducted not only voluntarily but also on a self-employed basis. More recently, it has been recognised that much of this work is conducted for and by kin, neighbours, friends and acquaintances for community-building and redistributive rationales (see ‘Paid favours’ in this volume) (Williams 2004a,b; Williams and Windebank 2004). Indeed, the English Localities Survey found that some 20 percent of the cash-in-hand work that respondents had undertaken had been waged employment, 15 percent had been self-employment for previously unknown customers, and 65 percent had been ‘paid favours’ (Williams and Windebank 2001). This finding was reinforced at EU level in a 2007 Eurobarometer survey which found that in the EU 20 percent of cash-in-hand work had been waged employment, 25 percent had been self-employment for previously unknown customers, and 55 percent had been paid favours (Williams 2014b).
Despite the relatively recent emergence of the term itself, cash for access as a practice can be seen as a historically embedded phenomenon within parliamentary life. Historical accounts of individuals able to buy access to office-holders stretch back to at least the early twentieth century.  For example, Winston Churchill used his parliamentary connections to secure access to senior office-holders for Burmah Oil in 1923 (Jones 1991: 164). It is not always parliamentarians who receive the money that is exchanged in cash for access cases – they can involve any individual that has connections to an office-holder, who seeks to provide access for personal profit. For example, the 1998 ‘Lobbygate’ case involved the parliamentary aid Dereck Draper offering access to ministers to ‘those who could make their case’ (Theaker 2004: 77). Other high profile cases that have been exposed by the media include the 2010 cash for access scandal involving the Duchess of York; the 2012 cash for access scandal involving MP Peter Cruddas; and the 2015 scandal involving MPs Malcom Rifkind and Jack Straw – both former foreign secretaries.
How can participation in cash-in-hand work be explained? In recent years, the lens of institutional theory has been increasingly used. In institutional theory, institutions are defined as the cognitive, normative and regulative structures that give stability and meaning to social behaviour (Scott 1995). Institutions or governance mechanisms exist in every society (Baumol and Blinder 2008; North 1990). On the one hand, there are formal institutions, which are the codified laws and regulations. On the other hand, there are informal institutions, which are the ‘socially shared rules, usually unwritten, that are created, communicated and enforced outside of officially sanctioned channels’ (Helmke and Levitsky 2004:727); the norms, values and beliefs held by citizens reflect their individual views about what is morally right (Denzau and North 1994).
The perception of cash for access cases has changed dramatically since the early 1990s. A series of high profile scandals in both the Major and Blair governments has made the general public increasingly critical of ambivalent parliamentary practice (Farrell, McAllister and Studlar 1998: 80-94). Whilst the majority of these scandals were not cash for access cases, ambivalent practices in general have become associated with a deviant parliamentary culture rife with ‘sleaze’ (Flinders 2015: 244). Consequently, cash for access has become associated with a wider set of practices that are perceived as degrading British politics and undermining the transparency of political conduct.
The norms, values and beliefs of a society’s informal institutions may be ‘complementary’ if they reinforce formal institutions, or ‘substitutive’ if the rules they prescribe are not compatible with the formal institutions (Helmke and Levitsky 2004; North 1990). When there is symmetry between formal and informal institutions, cash-in-hand work will be largely absent since citizens will adhere to the legal rules of the game. If however there is asymmetry between a society’s formal and informal institutions (caused for example by a lack of trust in government), cash-in-hand work is more likely to be prevalent (Feige 1999). The view has therefore emerged that, the greater the non-alignment of formal and informal institutions, the greater the likelihood of cash-in-hand work (Williams and Shahid 2016; Williams et al. 2014, 2015, 2016).
One institutional mechanism that may have increased the number of cash for access cases over time is the role of the party system in British politics. Since 1950, only three MPs have entered the House of Commons without any party political affiliation (Flinders and Matthews 2012: 337). Because political parties act as the vehicle into parliament, any decline in grassroots political party membership is likely to affect the ability of parties to remain competitive. Traditionally, political parties have relied on a broad membership base to mobilise and generate donations. As the links between political parties and wider society has fragmented in the post-war era, traditional support in the form of public donations or support from worker organisations has declined, resulting in a funding gap for political parties (Abbott and Williams 2014). As a consequence, private donors are increasingly filling this funding gap.  Often the large sums donated by individual donors or businesses are conditional on access to office-holders. In the words of Tony Blair’s former Director of Policy Geoff Mulgan: ‘It is fairly obvious that if you are a funder you are more likely to have a meeting with advisers, a meeting with ministers, a meeting on occasion with the Prime Minister’ (Friedman 2013: 141).
Evaluating whether or not this is the case, numerous studies have analysed whether there is a statistically significant correlation between participation in cash-in-hand work and institutional asymmetry. These studies have used ‘tax morality,’ which refers to the intrinsic motivation to pay taxes (Cummings et al. 2009; Torgler 2007), as a proxy for institutional asymmetry. They have found a strong statistically significant association between participation in cash-in-hand work and the degree of institutional asymmetry in the EU (Williams and Horodnic 2016a), East-Central Europe (Williams and Horodnic 2015a), the Baltics (Williams and Horodnic 2015b,c), South-East Europe (Williams and Franic 2015; Williams and Horodnic 2015d) and the UK (Williams and Horodnic 2016b). Studies have also revealed that socio-demographic and socio-economic groups with lower tax-morality are more likely to engage in cash-in-hand work (Williams and Horodnic 2015a,b,c, 2016a,b).
As a consequence of the shift in political party funding, cash for access cases are likely to increase. Whilst the general public is increasingly sceptical of current parliamentary practice, political life in the UK remains relatively free from corruption and cash for access should not always be perceived as corrupt practice. The increased occurrence of cash for access is best understood not as the degradation of politics but rather as a reaction to institutional change (Richards, Smith, and Hay 2014: 21).  One mechanism that could be used to reduce the reliance of political parties on private donors is expansion of the Short Money state funding for political parties. This would allow the state to further regulate political party funding. However, given that the general public opposes state funding for political parties and there remains a reluctance on the part of politicians to extend what are already seen as generous state subsidies, the cash for access dilemma is likely to be perpetuated (Johnston and Pattie 2014: 23).
This opens up a new avenue for tackling cash-in-hand work, suggesting that there is a need to move beyond stricter penalties and higher risk of detection. Rather, it is necessary to tackle the causes both by improving formal institutions and by raising citizens’ norms, values and beliefs through campaigns to increase awareness of the benefits of taxation and the public goods and services that are provided by tax revenue (Williams 2014a).

Revision as of 06:47, 19 May 2016

In the United Kingdom, ‘cash for access’ denotes the exchange of money between two or more parties, with the donor seeking to gain access to an office-holder and the recipient facilitating access in exchange for money. The term is most frequently associated with cash given to MPs, parliamentary aides or ministers who agree to use their connections with office-holders to secure meetings in exchange for money. The term cash for access emerged in the wake of the 1998 ‘Lobbygate’ scandal involving Tony Blair’s political advisor, Derek Draper. Whilst the term appears to have been created shortly after the scandal, with its first use occurring in 1998, it has now entered common political parlance to describe the exchange of money for access to office-holders. Despite its contemporary origins in the British media, cash for access is closely associated with the linguistic term ‘open door’ (OED 2015). Often individuals embroiled in cash for access cases use terminology that suggests a particular sum of money can ‘open the door’ or ‘open doors’ to the office-holder in question (BBC 2010). Cash for access is part of a wider set of informal practices known as ‘cash for favour scenarios’. Cash for favour scenarios are defined by the clandestine exchange of money for some type of privilege (Rowbottom 2010: 80). Two notorious examples that are also well-established in the British political and journalistic lexicon are ‘cash for questions’ and ‘cash for honours’. The term ‘cash for questions’ was coined in the wake of a 1994 political scandal, in which two British MPs were accused of taking money from lobbyists to ask questions in parliament that would benefit the lobbyist’s cause. Cash for honours refers to the awarding of life peerages to those who donated or loaned large sums of money to the governing political party, and is particularly associated with a political scandal of the same name under Tony Blair’s administration in 2006-7. The main feature that distinguishes cash for access from other cash for favour scenarios is that in cases of the former, financial inducement merely secures access to the office-holder and does not guarantee a ‘result’ or ‘benefit’ in return. Mere access to a politician may not directly influence their decision-making. In contrast, other cash for favour scenarios directly influence the actions of the office-holder. For example, in the 1994 cash-for-questions scandal, the money received by the MP Neil Hamilton directly influenced Hamilton’s line of questioning in parliament (Farrell, McAllister, and Studlar 1998: 83). ‘Cash for access’ is broader in scope than other ‘cash for favour’ practices. The term covers a range of practices – from the corrupt and potentially illegal, to others which are more ethically ambiguous, and widely and openly practiced as part of political life. A distinction can be made between cases in which an individual agent personally pockets the money, and those where the beneficiary is an institution – typically a political party. All the major UK political parties use fundraising events such as balls and dinners, which often include tickets costing several thousand pounds to be seated on the same table as eminent politicians. For example, the Labour Party was criticised in 2014 for allowing wealthy donors to attend a £15,000-a-head gala dinner without having to publicly register their names. At a similar event held by the Conservative Party in 2015, guests were invited to bid up to tens of thousands of pounds to have dinner or partake in other social activities with various politicians. Such events are often criticised by the media, but this does not appear to affect the practice of them. Although cash for access is closely associated with the institutional practices of UK politics, similar practices occur in other countries. In China for example, some cases of shouhui can involve the exchange of money for access to office-holders. Shouhui refers to the practice of office holders receiving unsolicited money in exchange for undertaking a specific action (Kwong 2015: 15). Despite shouhui cases often having a cash for access element, the practice is closer to other more illicit cash for favour practices (Navarro 2006: 169). Given that cash for access requires a certain set of institutional mechanisms to occur, it is perhaps unsurprising that in addition to the UK, its occurrence has been noted in other Westminster political systems such as Australia and Canada (Jabour 2015; McMenamin 2013: 135). Despite the relatively recent emergence of the term itself, cash for access as a practice can be seen as a historically embedded phenomenon within parliamentary life. Historical accounts of individuals able to buy access to office-holders stretch back to at least the early twentieth century. For example, Winston Churchill used his parliamentary connections to secure access to senior office-holders for Burmah Oil in 1923 (Jones 1991: 164). It is not always parliamentarians who receive the money that is exchanged in cash for access cases – they can involve any individual that has connections to an office-holder, who seeks to provide access for personal profit. For example, the 1998 ‘Lobbygate’ case involved the parliamentary aid Dereck Draper offering access to ministers to ‘those who could make their case’ (Theaker 2004: 77). Other high profile cases that have been exposed by the media include the 2010 cash for access scandal involving the Duchess of York; the 2012 cash for access scandal involving MP Peter Cruddas; and the 2015 scandal involving MPs Malcom Rifkind and Jack Straw – both former foreign secretaries. The perception of cash for access cases has changed dramatically since the early 1990s. A series of high profile scandals in both the Major and Blair governments has made the general public increasingly critical of ambivalent parliamentary practice (Farrell, McAllister and Studlar 1998: 80-94). Whilst the majority of these scandals were not cash for access cases, ambivalent practices in general have become associated with a deviant parliamentary culture rife with ‘sleaze’ (Flinders 2015: 244). Consequently, cash for access has become associated with a wider set of practices that are perceived as degrading British politics and undermining the transparency of political conduct. One institutional mechanism that may have increased the number of cash for access cases over time is the role of the party system in British politics. Since 1950, only three MPs have entered the House of Commons without any party political affiliation (Flinders and Matthews 2012: 337). Because political parties act as the vehicle into parliament, any decline in grassroots political party membership is likely to affect the ability of parties to remain competitive. Traditionally, political parties have relied on a broad membership base to mobilise and generate donations. As the links between political parties and wider society has fragmented in the post-war era, traditional support in the form of public donations or support from worker organisations has declined, resulting in a funding gap for political parties (Abbott and Williams 2014). As a consequence, private donors are increasingly filling this funding gap. Often the large sums donated by individual donors or businesses are conditional on access to office-holders. In the words of Tony Blair’s former Director of Policy Geoff Mulgan: ‘It is fairly obvious that if you are a funder you are more likely to have a meeting with advisers, a meeting with ministers, a meeting on occasion with the Prime Minister’ (Friedman 2013: 141). As a consequence of the shift in political party funding, cash for access cases are likely to increase. Whilst the general public is increasingly sceptical of current parliamentary practice, political life in the UK remains relatively free from corruption and cash for access should not always be perceived as corrupt practice. The increased occurrence of cash for access is best understood not as the degradation of politics but rather as a reaction to institutional change (Richards, Smith, and Hay 2014: 21). One mechanism that could be used to reduce the reliance of political parties on private donors is expansion of the Short Money state funding for political parties. This would allow the state to further regulate political party funding. However, given that the general public opposes state funding for political parties and there remains a reluctance on the part of politicians to extend what are already seen as generous state subsidies, the cash for access dilemma is likely to be perpetuated (Johnston and Pattie 2014: 23).