Start preparing now for the company law bill version 2.0. That would seem to
be the government’s message, even though the original version – 1.0 – has yet to
be debugged thoroughly.
In true Bill Gates style, industry minister Margaret Hodge made known at the
recent Labour Party conference in Manchester that the company law bill was just
a starting point on to which other applications would be bolted. This, despite
the fact that the original bill has yet to be enacted, is rather like announcing
upgrades to Windows XP while saying the future lies with Vista.
Hodge indicated this widening of scope would allow the company law bill to
embrace private as well as public companies. There were also indications of
further environmental legislation in the pipeline.
Even though the current version has been eight years in development,
suggesting it may take some time before v2.0 reaches the beta testing stage, the
news has left some business leaders feeling alarmed. They warn that the bill
could increase the regulatory burden on directors and expose them to further
risk of litigation.
Hodge said she and the government had taken on board the lobbying from
environmental pressure groups to impose tougher green standards on businesses –
a suggestion that was backed by prime minister Tony Blair during his farewell
speech at the party conference.
Director general of the Institute of Directors Miles Templeman said: ‘By the
time the bill becomes law, we will have spent more than eight years putting in
place reform that will balance stability with future efficiency. Hodge seems
willing to discard that stability before the new law is on the statute book.’
Templeman points out that this current move goes against previous actions
from the government. Although there was concern over the timing of the
announcement, businesses were broadly supportive of scrapping the operating and
financial review last November. The signal at the time was that the UK
government would follow, not gold-plate, European Union requirements.
So it would seem the new battleground on corporate governance is going to be
fought over the environment. There is little dispute that action is required,
but the question remains on how this action can be enforced.
Richard Lambert, director general of the Confederation of British Industry,
said: ‘Business has a role to play and responsibilities in the area of
sustainability and climate change,’ but added that it would be a challenge for
the whole of society, individuals and businesses.
The British Chamber of Commerce has urged caution, arguing that the
government should ensure the UK remains competitive in the global market.
This would suggest that the answer to ensuring businesses play their part in
tackling environmental issues lies at an international level. Environment
minister David Milliband picked up on this thread, saying he believes the
European Union will play a greater role in such moves.
However, a number of businesses are not waiting for regulations to emerge
before taking action. Sir Richard Branson has committed to ploughing £3bn in
profits from his airline and train businesses into alternative energy over the
next 10 years. Such a move of entrepreneurial benevolence mirrors those of Bill
Gates, though the Microsoft leader is using his own fortune, rather than that of
his business, to fund charitable work.
But returning to the original upgrading of the company law bill, is it wise
to create uncertainty when businesses are calling for stability? A Federation of
Small Businesses survey found that more than half its members were dissatisfied
with the complexity and volume of business legislation. A similar proportion
were concerned about the costs of complying with such legislation.
Perhaps any upgrades to the company law bill should remain a developmental
project, while businesses come to terms with the applications in version 1.0.
Other legislation
The first day of October introduced a raft of business legislation, including
the new law on age discrimination and a higher minimum wage. But are you and
your clients prepared for the impact of these changes to existing regulation?
Much has been written about the impact of the new age discrimination law. For
accountancy firms, this means being ultra-careful over recruitment procedures
and having a close look at retirement policies. No longer will they be able to
see off partners when they reach 55, and the hunt for 'young, dynamic' talent in
job ads will be a no-no. Even the term ‘recent graduate’ will fall foul of the
new laws.
Increases in the minimum wage have been giving smaller employers a headache,
as have the increase in paid maternity leave and flexible working arrangements
for carers. The Federation of Small Businesses (FSB) has warned all three main
political parties about the danger of such policies.
Carol Undy, FSB national chairman, said: ‘Small businesses are often in the
vanguard of new family-friendly policies. The staff and their bosses can find
suitable ways to address the work/life balance more easily than in a large
business. However, when the government gets involved it can create antagonism.
What was once a good-natured compromise becomes a confrontation.’
Other changes introduced on 1 October include new fire safety laws and a
simplification of patent registration rules.
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