MyCIMA

Social Enterprise and the pointless Codification of Ethics

Owen Watson's picture

It feels like I’ve hardly been in the office this month, and when I’ve been there it has been more in mind than in spirit. More about that later...

Last week started with a trip down to London for a Kings Fund event as part of our ‘Experiential Learning’ program. Over two days, we learnt about Social Enterprise. Then we had to come up with an idea for a venture of our own and pitch it to the room.

Suffice to say, our idea worked better on the drawing board than as a detailed plan. There were five of us in the group and I’m still convinced there were five different ideas about what exactly our Social Enterprise would be doing...so much for Democracy!

That’s before we debated whether we were allowed to make a profit, or not. I was on the side that proposed the terrible idea that it wasn’t bad to make some money. Exploiters of the vulnerable!

A similar theme ran through ‘The White Tiger’, which is the book I finally got to read on the train journey down to London. Not a bad way to distract yourself.

Speaking of ethics, most of my time in the office at present has been eaten up in working on my ‘knowledge competencies’.

As part of the grand bargain between the NHS and CIMA, trainees have a long list of ‘competencies’ that we have to ‘achieve’ before we can graduate from the program. A lot of these are simply having knowledge of things like the ethics of auditors.

So that means much time spend reading such illustrious documents as the Charities Act 2006, Monitor’s Code of Governance, the Combined Code 2008, and last but not least; IFAC’s Code of Ethics.

It’s fascinating stuff. I say that with no hint of sarcasm, honest...you can trust me, really.

Somewhere within the unrelenting fog that was the 130 pages of the Auditor’s Code of Ethics, the thought occurred to me: Who actually reads this stuff?

What’s the point of it? Even if you have read it, managing to concentrate fully throughout, how much weight do they hold when push comes to shove? When an auditor is doing their job, do they think: ‘Oh, page 47 of the Code of Ethics says this, therefore I will do that.’

I’d venture not, and some of the things were stunningly obvious. Thou shalt not take money in the form a loan from a client, unless it was done so in the course of normal business. So basically, unless it’s a bank and they would lend you the money as a regular customer, don’t take it.

What kind of person needs to be told this? Reading through the auditor’s code, I was struck by an almost child-like undercurrent of logic behind the words. It’s not only incredibly dull to read, but it seems pointless and absurd in equal measure.

But it ticks off a competency, so I guess it's a necessary evil.

The silent majority

Let me suggest that <98% are law abiding citizens. But most countries have an elected legislative that spends its time on creating new laws. The problem is, one can't find who should be reading all of the rules and regulations, so the way we handle this is 'you have to read all this stuff'. Didn't you say, 'honestly' its fun? Best regards Cliff Moggs

> is better than <

To restore your faith in the human being I have (after reflection) corrected my error from< to >. You guessed it was wrong anyway.

Of course you remind me of Hippocrates, who was able to recognise the right response without any professional bodies.......not to knowingly do harm.

Best regards

Cliff Moggs

Criminally minded

Haha...Does that count as a Freudian slip?

Thanks for your comment, makes a good point. 

The silent majority?

Cliff, whichever ever way you have your <>, if you ever want to put your theory to the test, just try driving at the speed limit ... 

Owen, you're now coming across something that will echo throughout your career as a manager and a member of a professional body. It's very likely that 95% of the stuff in things like codes of ethics are blindingly obvious to 95% of the readers; but the double-dilemma is, first, if those self-evident truths aren't stated clearly somewhere, will they drift through time until the 'moral compass' ends up pointing in a completely different direction? And, second, how else do you remind, encourage or nail the 5% to whom they're NOT self-evident?

And I always argue that there's nothing wrong with making a profit, the absolute failure of anti-social enterprises is when they act only in the self-interest of a narrow group of stakeholders. Cadbury would never be in the mess it's in now if its employees were shareholders too. There goes my Dairy Milk ....

Thats the problem

Adrian, and of course Owen, what ever is the 'speed limit' I have always understood (I think) it is the required 'maximum'. The Swiss do have , for their motorways, a 'minimum' speed limit, why not? Best regards Cliff Moggs

The silent majority voting with their right foot

Cliff, I'm assuming your question is rhetorical! You argued that 98% of citizens are law-abiding. The plain fact is people obey laws only if they accept them (ethics) or are forced to (penalties). The people who happily ignore the law on speed limits would be rather annoyed at someone else ignoring the Theft Act or laws on TWOC when the vehicle's parked. But the principle's just the same.

So I'd agree only that your 98% of citizens are law-abiding only when it suits them or when they have no other choice. As it's usually difficult to tell the difference, Owen and his cohorts have to sit through what he's been describing.

The Swiss also have cuckoo clocks and the stuffiest chocolate outside Belgium, both of which they're very welcome to and neither of which I'd want to see here! 

Faith

I was thinking more of 'being a citizen', does that help? The Swiss fortunately do not wish to come here. I must confess I am rather partial to 'raclette'. Best regards Cliff

Sorry, Cliff, I'm none the wiser

My point was that "law-abiding" is an elastic term, and nothing like 98% of UK citizens obey all of the laws all of the time. That's why Owen's codes of ethics have to go into such mind-numbing detail. ( Swiss people are very welcome as far as I'm concerned, it's just their clocks and chocolate I'd prefer to see left high in the Alps - but isn't raclette something Andy Murray uses?)

Hippocrates

I still favour Hippocrates, its easier to remember. What do you think of Section 406 of the US Sarbanes-Oxley Act 2002  - CODE OF ETHICS FOR SENIOR FINANCIAL OFFICERS. (a) CODE OF ETHICS DISCLOSURE.—The Commission shall issue rules to require each issuer, together with periodic reports required pursuant to section 13(a) or 15(d) of the Securities Exchange Act of 1934, to disclose whether or not, and if not, the reason therefore, such issuer has adopted a code of ethics for senior financial officers, applicable to its principal financial officer and comptroller or principal accounting officer, or persons performing similar functions. Owen, yes it is the way of life, can senior financial officers be trusted? Best regards Cliff Moggs (PS Federer prefers ‘fondue’)

Wonder if there's a "plain US English" campaign?

How can a people that produced the "Gettysburg address", "I have a dream ...", "The Grapes of Wrath", "Shrek" and "Toy Story" come up with that garbled train-smash of a sentence? (I think you're right - 'fondue' probably describes most of Federer's opponents post-match!)

Mind boggling

That SOX extract beggars belief, seems there is the real world and a sort of parallel dimension where everything is a slightly skewed version of this reality...'is that the same language?'

Going back to Adrian's initial comment (as much as I enjoyed the Swiss exchanges!), my point was really that I prefer a common sense approach...

I'd be interested in knowing what percentage of CIMA students/members could put their hand up and say not only 'I've read that in its entirety, gov' but also 'I fully understood it' and even 'I reference/apply it specifically to my work environment'

I'm not talking so much as "oh I can kind of see how that relates to what I do/did", I mean more "I wonder what the code of ethics says about this problem...I shall go investigate, what page was it again?"

I'd prefer it to be much more principles based, and points demonstrated with case studies than to be endlessly mundane to the point that is has little or no practical meaning.

What was the purpose of setting out the code? What was supposed to be achieved by it? Surely there are laws that cover most of these ill-doings anyway...

What happens when our moral compass shifts, do we put that document in the e-shredder and start again? How many people would really notice if we did? 

Yikes, feels like I wrote half a blog again...

Rules v. principles

Owen, you've just half-blogged your way to the heart of the matter: you might have missed the deep arguments when the US tried to impose SarBox on non-US companies, about whether a rules-based approach to audit was more or less effective than a principles-based approach. 

Who decides what's common-sense? At some point in your career you'll come across someone who will have a very different definition to yours. With a little effort most of us can find a way around most rigid rules, so the Hippocratic approach Cliff likes can be a better catch-all but at the same time a get-out-of-gaol card - you're then in an arena of interpretation of what exactly is "harm"? Is foul-tasting medicine "cruel to be kind" or doing harm to your taste-buds?

Laws cover what you must or must not do; ethics cover how you do things and bring justice out of law. Students and members should be reminding ourselves of that, probably much more than we do, because that's why we can claim to be professionals.

And that moral compass has to have some clearly set out cardinal points. When the compass shifts, you either nudge the person at the helm or check to see if it's been affected by something external - then you either recalibrate or stand by to repel boarders.

Wow! I think Cliff and I have avalanched your blog - oops! Maybe we should stick to yodelling.

Let the Swiss decide?

I'd probably take the Swiss army knife approach, decide on the tools we need and let someone else thoroughly more experienced handle it (nearly caught my fingers in that contraption on many ocassions as a child, not about to repeat that mistake!)

But seriously, you raise an interesting point...who would we let make the decisions, the most experienced and 'wisest' like our court system, or even some kind of elected/nominated panel (comprising those ordanied with the highest reputations and the raw talents of a certain student blogger, or some other less controversial mixture)...

Why not put it to the people, X Factor style? Utilise these marvellous social networks, Facebook, YouTube and the like. Reminds me of that Spooks episode, I'm aiming for something a bit less morbid!

I don't know, perhaps I'm more focused on the carrot aspect...how can we raise the standards and encourage meaningful debate, rather than - how do we minimise the number of 'non-believers' and then let the wider public decide whether to hit them on the head with the bible or cast them out beyond the city limits.

Or am I getting that confused with Judge Dread?

Not that I'd say X-Factor is especially accurate, but perhaps it also has other benefits for the music industry as a whole?

P.S. I'm enjoying the comments, hopefully it's less an avalanche that the snowball effect in action!

Carrots: the way to go?

I think my parents realised I was going to be an accountant when they gave me my first penknife, and at the age of around seven or so I tested the sharpness of the blade by running it over my thumb ... Casualty Departments are so un-Christmassy, aren't they?

You're absolutely right about growing crops of carrots rather than reaching for the "Judge Dredd Guide to Management". If we have a community of practice where people "Do the Right Thing" (great film, by the way, all about moral compasses in a complex world) because that's just the way we do things, rather than from the dim memory of lectures on Codes of Behaviour, then perhaps the Bibles can remain unthrown and the world outside the city limits left free for the lone traveller searching endlessly for a decent mobile phone signal so they can Google-map their way home.

I'm not sure I'd go so far as to simply X-factor ethical issues; the difference between community-action and mob rule rather depends on which side of the blazing torches you happen to be standing at the time, and that awful 2009 Christmas No. 1 was even worse than most of the 'winners' and still made piles of money for Simon Cowell. But Clay Shirky of NYU researches how Web 2.0 is changing communities and I'd really recommend his "Here Comes Everybody: The Power of Organizing without Organizations" as a highly readable guide to "putting things to the people".

X-Factor and Big Brother do actually have a lot to teach industry, commerce, politics and CIMA about making decisions.

K. I. S.

Lets link Hippocrates, Confucius and CIMA for ‘keep it simple’. 

1. “Above all, not knowingly to do harm”, the essence of the Hippocratic Oath of the Greek physician embodying knowledge, skill and experience; the first responsibility of a ‘professional’ resulting in, ‘being trusted’. 

2. Confucius said, “If one learns from others but does not think, one will be bewildered. If, on the other hand, one thinks but does not learn from others, one will be peril”.(As an aside - Hoyle is clear, what is the intent, what are you trying to achieve? No point in following advice unless you fully understand the consequences. See postings “Discussion Board/Professional Development/Instead of a MBA?”) 

3. CIMA’s motto from its Armorial Bearing granted in October 1932, “probitas accuratio justitia”, highlighted in FM September 2008 being translated as “honesty, accuracy, justice’. 

Regards Cliff Moggs

KISS: very good start ....

but loses its simplicity the minute you introduce people. The precise meaning of that simple-sounding and seemingly all-embracing Hippocratic oath could be argued and debated ad infinitum if not ad nauseam given almost any real-life situation. That's why some folk write the huge documents that Owen first blogged about.

(Cliff - I'd happily be corrected, as CIMA's coat of arms and motto is hardly high-profile even on cimaglobal.com, but I believe you've hit a slight typo - wasn't the coat of arms granted in 1952 not 1932?)

Going back to Clay Shirky

Adrian, interestingly enough I've touched on Clay Shirky before in my dissertation...looking at how Web 2.0 can be used to manage organisational change (was one of the many themes...I tend to take a shotgun pellet approach!)

Have ordered the book though, £5.97 on amazon seemed like too much of a bargain to miss! 

And I agree, casualty departments are definitely divorced from the ideal Christmas! 

Good purchase-choice, not so good process?!

The book is brilliant - informative, thought-provoking and readable - and I'd be interested in your thoughts on how Shirky's view of Web 2.0 is relevant to the NHS and LAs ... those pesky publics of ours might just become genuine partners in what we do, instead of being held at-bay by call-centres, web-pages and Communications Departments ...

But ... AMAZON? Don't you have quirky little local bookshops where the owner-proprietor makes you a cup of tea, tells you their own favourite author, and orders a copy of the book you want to be especially printed just for you by a group of wizened little gnomes who live in the basement? Mr Wilde would surely consider the 'Tesco Express of the web' beyond even his definition of a cynic!

I'll go with a no...

Ashamedly not sir, we used to have an independent book shop in Sunderland but it has long since folded. Only options are Waterstones or the interweb, at least that I'm aware of!