Light touch, but not TOO light touch
There’s a strangely sloppy piece of editing in an article by John Murray Brown and Sophia Grene in today’s FT that begins incorrectly with the claim that “the Irish government has passed legislation to make it easier for hedge funds based in the Cayman Islands and other tax havens to move to Dublin.” Well, as Brown writes in paragraph three, the Irish government certainly will introduce legislation to this effect in the 2010 Finance Bill, but it hasn’t done so yet.
Update: As John points out in the comments, I was wrong about that: easier company migration is provided for in the Companies (Miscellaneous Provisions) Bill 2009, s.3(j) I think from a quick peek. Thanks John!
Still the rest of the piece is quite good, obliquely pointing to the challenge that the Irish face with this sort of initiative. The problem is that the IFSC has traditionally been marketed as a low regulatory price alternative to London, both in terms of taxes and in terms of regulatory costs. The key has been to keep Dublin’s regulatory regime a little lighter in touch than London’s, thus presumably attracting more footloose business to Ireland. It’s sounds good but it’s a risky approach. Make the regime too blasé and you end up tainting everyone who trades in your area with your reputation for being the “Wild West of European capitalism.” Make the regime too tough and you run the risk of international capital heading off to find a more amenable government.
And indeed this is the problem with Ireland’s undoubted success in attracting hedge fund ‘business’ to the country. On the one hand you don’t want to blind yourself so much that you attract too many Madoffs. At the same time you can’t gift yourself the gift of 20:20 regulatory vision if you want to nab business from the Brits. Ireland is attractive because, as an EU member, it doesn’t quite have the sulpheric smell of true a offshore haven. But it has to behave as much like one as it dare in order to compete. And there’s no reason on earth that the other EU members, particularly the UK, would like this.
So let’s just exercise a degree of scepticism about Irish plans in this area. You can be Michael Douglas or you can be Martin Sheen but you’re rarely allowed to be both.
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