CHANGES IN THE INTERNATIONAL REGULATION OF AUDITORS: (IN)STALLING THE EIGHTH DIRECTIVE IN THE UK

In 1984 the European Commission issued the Eighth Company Law Directive requiring each member State to ensure that its national rules met common standards for the education, training and qualification of statutory auditors (84/253/EEC; OJ 1984 L126/20). The Directive insisted that national governments take responsibility for the regulation of auditors, a requirement that clashed with the autonomy which many professional bodies believed they possessed. In this article we explore the processes through which the Eighth Directive on the regulation of auditors has been implemented in the UK. We argue that the Eighth Directive illuminates the effects of political and economic discourses on the development of accounting and auditing regulations and the protocols involved in installing such regulations into particular national contexts. The Eighth Directive represents a revealing moment in the shifts in political discourse (towards neo-liberalism) in the UK and the problems of reconciling new modes of economic and political thinking withinternationalregulatory programmes and institutions. Moreover, the implementation of the Eighth Directive in the UK cannot be comprehended outside of (i) an analysis of the problems the British Government has had in “managing” the accountancy profession in the UK and (ii), understanding the powerful image of the auditing industry as a key contributor to the UK economy.     

Professional accounting development in Nigeria: threats from the inside and outside

Over the years several, sometimes conflicting, theories attempting to explain the development of professions have emerged. The “functionalist” and “interactionist” theories have since lost the spotlight to a more critical approach based on the Weberian concept of closure. Limitations in the concept and practice of this neo-Weberain concept have led to suggestions that research into the sociology of professions, should also include historical analyses of professionalism that capture historical specificities with the aim of generating theory that sees beyond “just massive historical variation” [Collins, R. (1990). Changing conceptions in the sociology of the profession. In R. Torstendahl, & M. Burrage, The formation of professions: Knowledge, state and strategy. London: Sage Publications]. Such research should also investigate the structural conditions under which the professionalisation process takes place [Johnson, T. (1977). The profession in the class structure. In R. Scase, Industrial society: Class, cleavage and control. London: George Allen and Unwin.]. In order to achieve this, there is the need to critically study the relationship of the State and the profession [Klegon, D. (1978). The sociology of professions: an emerging perspective. Sociology of Work and Occupations, 5, 3, 259–283.] and to document more extensively, the process, rather than the product, of closure [Chua, W. F., & Paullaos, C. (1993). Rethinking the profession-state dynamic: the case of the Victorian Charter Attempt, 1885–1906, Accounting, Organizations and Society, pp. 128–691; Chua, W. F., & Paullaos, C. (1998). The dynamics of “closure” amidst the construction of market, profession, empire and nationhood: an historical analysis of an Australian Accounting Association. Accounting, Organizations and Society, 23 (2), 155–187; Ramirez, C. (2001). Understanding social closure in its cultural context: accounting practitioners in France (1920–1939), Accounting, Organizations and Society.]. Such is the approach of this article, which focuses on the development of the accounting professions in Nigeria. It critically examines the profession/ State dynamics that have helped shape the outcome of the various episodes in the history of the accounting profession in Nigeria. An important influence in this dynamics is the nature of government in place (i.e. military or civilian).     

Accounting and prudential regulation: from uncomfortable bedfellows to perfect partners?

Recent initiatives to improve the public information about individual firms have brought to the fore significant differences in perspective between accountants and prudential regulators. We examine the reasons for these differences and propose ways in which they could be reconciled within a broader framework aimed at identifying the type of information conducive to the proper functioning and stability of the financial system. We argue that such information should concern three characteristics: estimates of current financial condition; estimates of risk profile; and measures of the uncertainty surrounding those estimates. So far, efforts have mainly focused on the first characteristic, with the second having drawn attention only recently and the third having been largely neglected. We propose a strategy to reconcile different perspectives based on two principles: first, in the long-term, the “decoupling” of the objective of accurate financial reporting by the firm from that of instilling the desired degree of prudence in its behaviour; second, a “parallel transition” process towards that objective so that at all points the prudential measures can neutralise any undesirable implications of changes in financial reporting standards on financial stability.     

“A deficient performance”: The regulation of the train operating companies in Britain's privatised railway system

This paper focuses on the performance and regulation of the train operating companies in Britain's privatised railway system. It places regulation in context by examining rail privatisation, with particular scrutiny given to the theory and practice of the franchising process which established these companies. The record of the regulatory authority is assessed up to the announcement in 2004 of its planned abolition. This assessment employs critical financial analysis, and draws on non-financial performance indicators, in order to examine the extent to which it achieved its five main objectives: increasing the number of rail passengers; managing franchises in the interests of passengers; encouraging efficiency and economy in the provision of passenger rail services; encouraging investment in rail services; and securing a progressive improvement in the quality of rail services. The paper concludes that the regulatory authority's performance was “deficient” as it only achieved the first of these objectives. It places this failure in context by highlighting the fundamental problem—the flawed concept of fragmenting and privatising a loss-making rail industry in the interests of British capitalism. The “stronger” regulation envisaged by the Blair Government is revealed as a smoke screen behind which there is a continuing transfer of wealth from taxpayers to the owners and providers of capital.     

An institutional analysis of accounting growth and regulation in the United States

The accounting profession in the United States has experienced rapid growth in the past two decades, and growth is likely to continue in the foreseeable future. Although the U.S. Securities and Exchange Commission possesses explicit statutory authority to regulate accounting and financial reporting, the profession is largely self-regulated, an arrangement widely supported by the corporate business community. Yet no single current accounting theory provides a full understanding of these two very basic phenomena. This paper examines organizational models based on contractualism (agency theory and transaction cost analysis), hierarchy (radical) and Fligstein's “organizational fields” conception, and evaluates their application to the accounting process. It is proposed that institutions are central to an understanding of accounting growth and regulation. The essay then offers a theoretical critique based on the internal and external aspects of economic organizations.     

British central government and “the mercantile system of double entry” bookkeeping: a study of ideological conflict

The study examines the contest between rival interests following the Treasury's decision to explore the potential of “the mercantile system of double entry” bookkeeping as the basis for recording and reporting the financial affairs of British central government. At the heart of the ensuing dispute was an ideological conflict between individuals representing the competing interests of the aristocracy and those of the new capitalist classes. The battleground was whether the mercantile system of double entry should be designed to reflect the “old society” priorities of stewardship, patronage and personal accountability or “new society” pressure for a business framework judged capable of achieving “cheap and efficient government”.     

Discussion of “economic analysis of accountants’ ethical standards: the case of audit opinion shopping”

In his paper, Cushing (Cushing, B.E., (1999). Economics analysis of accountants’ ethical standards: The case of audit opinion shopping. Journal of Accounting and Public Policy 18 (4/5)) argues for an increasing role of “laissez-faire” approaches to professional accounting ethics. To formally present his argument, Cushing (1999) employs a classic auditor–client dispute over a financial reporting issue; the dispute’s resolution is framed within a prisoner’s dilemma game. Three increasingly sophisticated models are used to examine both strict (explicit rules and monitoring) and laissez-faire (moral training and leadership) approaches to induce ethical auditor play within the prisoner’s dilemma game.My comments are an effort to consider if Cushing's (1999) arguments for a laissez-faire approach are practicable. To do this I first relate Cushing's (1999) arguments to the theoretical attributes of a profession. Second, I extend his arguments to include ethical disposition. Two bases of ethical disposition are discussed, moral reasoning theory and the persona of individuals. I conclude that a movement toward a laissez-faire approach to ethics is a strategy the profession should not ignore.     

Financial instruments with sports betting components: Marketing gimmick or a domain for behavioral finance?

We examine theoretically and experimentally a certain class of new financial instruments which are designed as lotteries on the outcome of prominent sports events like the Soccer World Cup 2006. From a theoretical point of view, sports betting products may be superior to a fixed rate investment because of heterogeneous expectations, risk-loving behavior of investors or additional non-monetary utility components. In comparison to the direct placement of bets at bookmakers’, sports betting products may be preferable in cases of hedonic framing. Our experimental section, however, reveals the limited practical relevance of these theoretical arguments for “average” decision makers. Despite this, financial instruments with sports betting components offer a certain profit potential due to the diversity of preferences across individuals. Summarizing, the issuance of sports betting products may actually be mainly driven by marketing aspects, nevertheless sports betting products may be considered to be “viable” niche products with low cost of capital for banks.     

Quis Auditoret Ipsos Auditores? Can Auditors Be Trusted?

This article explores the extent to which the audit profession and its practices promote public trust in audits. Differences between auditors and non‐auditors as to beliefs about the role of a financial report audit have long been discussed under the term ‘expectations gap’. However, this prior debate has tended to focus on non‐auditors’ alleged misunderstanding of audit processes without a corresponding understanding on the part of the profession as to why the public might place its trust in auditors. The study explores the nature of trust in an auditing context and notes that like any profession, auditing faces practical limitations but the inability to directly observe the conduct of audits combined with professional status create an ‘over trust’ expectation in the public. Changes in audit practices and culture have also exposed the profession to criticism. The article seeks to offer one approach by which the auditing profession can restore public confidence; namely, evidence‐based practice, which has proven effective in improving the quality of practice in medicine. Adoption of a reflective evidence‐based approach to audit practice offers the promise of greater audit quality and an improvement in the profession's accountability and public confidence.     

Searching for opportunities for Sub-Saharan Africa's renewal in the era of globalisation

Sub-Saharan African (SSA) countries rely heavily on donor assistance and international borrowing. The Official Development Assistance (ODA)/GNP ratio in SSA is expected to rise well into the next century. Increases or decreases of ODA, which is known to be the main source of SSA's investment, may depend on the type of global settlement expected to emerge in the post-cold war world. SSA has therefore a stake on the type of globalisation which may frame world economic policy and financial aid to it. Neo-liberal globalisation has no enthusiasm for massive financial transfers. The incipient globalising ideas which emerged from the Rio Summit in 1992 have suggested to increase ODAs in real terms and debt relief to control crushing debt service payments. Agenda 21 has created new and additional facilities formally for increasing donor assistance in the form of financial and investment transfers. The question is whether this new mechanism will make any difference to stem the SSA decline and can “incentivise” the region's renewal or renaissance. This article will focus on how globalisation may be related to increase or decrease of financial transfer to SSA.     

Do banks have a future?: A study on banking and finance as we move into the third millennium

Are banks special intermediaries? Do they play any unique role in the economy? And if so, will they retain their specialness in the ever-faster changing world of finance? The rapid evolution of finance over the last two decades and the breathtaking “e-age” revolution have persuaded many that, eventually, banks will be indistinguishable from other financial intermediaries since all their functions can, at least as efficiently, be carried out by nonbanks. This study re-explores the issue of the specialness of banks in light of the large existing literature on the subject, and presents an approach which identifies the banks' specialness with their unique capacity to lend out claims on their own debt which the public accepts and uses as money. The study discusses various structural and policy implications deriving from the approach, and draws on it to point to the continuing relevance of banking in a world where nonbanks are taking business away from banks, lending to production has become relatively less important, and the use of e-money may soon be dominating financial transactions.     

Valuing customers and loyalty: The rhetoric of customer focus versus the reality of alienation and exclusion of (de valued) customers

The accounting practice of customer valuation ostensibly emerged from the so-called “customer revolution" of the 1980s. Early conceptions centred around notions such as customer focus and providing value to customers, but these ideas have latterly given way to calculation of the financial value of customers to an organisation. Integral to customer valuation are the reconstruction of the customer as an asset (or liability) of the organisation, the segmentation of customers into identifiable groups, and the treatment of customers as dollars rather than people. Whilst rhetoric of “the customer is king" persists, accounting for customer valuation brings its own transformative terminology and has become a means for organisations to selectively focus on particular customers, rather than the customer in general. The paper examines the health insurance and banking industries as exemplars of the affects of customer valuation, and discusses pivotal issues of access, equity, alienation, and social exclusion. Customer valuation is shown to have become a means to increase shareholder income and wealth, almost inevitably at the cost of (further) marginalising the poor and disadvantaged.     

Intersections of law and accountancy: Unlimited auditor liability in the United Kingdom

In recent years, considerable pressure has grown within the British auditing industry for limitation of liability arising from negligent mis-statements in audit reports. Under British company law, auditors are forbidden from contracting with companies for their liability to be restricted. This legal provision was introduced in the Companies Act 1929 as a byproduct of legislation relating to directors' liability. The paper explores the background to this legal provision, observing that auditor liability cannot be viewed as a self-contained matter of interest only to a limited community. Attitudes to auditor liability have been shaped against a background of changes in the law of negligence, some, but by no means all, arising from cases involving auditors. Moreover, changing concepts of the position of the auditor within corporate governance structures have at different times encouraged and discouraged the assimilation of the legal treatments of auditors and directors. These concepts themselves reflect differing notions of what actually constitutes the “company”: a collectivity of shareholders or a separate entity controlled by directors. These notions emerged against a background of corporate failure and the need to allocate losses among various parties with different degrees of culpability for failure. However, legal developments do not account by themselves for changing attitudes within the auditing industry towards unlimited liability; acceptance of full responsibility for one's statements, adopted as a badge of professional status, has more recently been seen as inhibiting the commercial development of British auditing.     

Accounting and the examination: A genealogy of disciplinary power

Historical elaboration of Foucault's concept of “power-knowledge” can explain both the late-medieval developments in accounting technology and why the near-universal adoption of a discourse of accountancy is delayed until the nineteenth century. It is the disciplinary techniques of elite medieval educational institutions—the new universities and their examinations—that generate new power-knowledge relations. These techniques embody forms of textual rewriting (including the new “alphanumeric” system) from which the accounting advances are produced and “control” is formalised. “Double-entry” is an aspect of these rewritings, linked also to the new writing and rewritings of money, especially the bill of exchange. By the eighteenth century accounting technologies are feeding back in a general way into educational practice (e.g. in the deployment of “book-keeping” on pupils) and this culminates in the introduction of the written examination and the mathematical mark. A new regime of “objective” evaluation of total populations, made up of individually “calculable” subjects, is thereby engendered and then extended — apparently first in the U.S. railroads — into modern comprehensive management and financial accounting systems (systems of “accountability” embodying Foucault's “reciprocal hierarchical observation” and “normalising judgement”), while written examinations become used to legitimate the newly autonomous profession of accountancy.     

Inflation accounting in a theory of calculation

How should we conceptualize the issue of inflation accounting? This is the problem raised and discussed in this paper. It represents a case study of the recent U.K. inflation accounting debate, but tries to set this within the context of how financial calculation more generally is organised and its social determinants. Two particularly distinctive features of the analysis are the ways in which this debate is related to the idea of financial calculation as “sign”, and the non-reduction of the “interests” located in the debate to expressions of some pre-given social position. Finally the wider implications of this non-orthodox approach are assessed.     

Putting Humpty Dumpty back together again? The structures of knowledge and the future of the social sciences

Fifty years ago it was clear what the social sciences were, what they did and where they were going. This consensus was the product of the long-term construction of the structures of knowledge that resulted in the institutionalization of a set of disciplines that would function to guarantee ordered change in the social sphere in the name of “progress” through scientific control, exercised by “experts” and based on “hard facts”. After 1945, the scholarly legitimacy of the premises underlying the partitions separating the disciplines and the practical usefulness of the distinctions declined and from 1968 were overtly contested. It is contended that the structures of knowledge, including the social sciences, have entered into secular crisis and thus a period characterized by the heightened transformative capacity of agency typical of transitions. Since no outcome may be predetermined for the organization of future knowledge forms, this paper ends by considering modes of scholarly participation in the transformation of the social sciences.

“Don’t you think you’d be safer down on the ground?” Alice went on, not with any idea of making another riddle, but simply in her good-natured anxiety for the queer creature. “That wall is so very narrow!” Lewis Carroll, Through the Looking-Glass and What Alice Found There

Fifty years ago a serious discussion focused on the future of the “social sciences” collectively might have sounded at best like self-reflexive narcissism or simply a waste of time. At worst it might have seemed merely absurd. That is not to say that there were not significant disagreements within and across the social science disciplines. There was, however, a widely held consensus on the intellectual and institutional organization of knowledge that recognized boundaries among the humanities, the social sciences and the sciences, and the singular disciplines of which they were composed.The exposition that follows will begin with a sketch of the historical construction of this relational structure, both constitutive of and constituted by material reality, which left open the possibility for theoretical and methodological innovation and substantive development but at the same time disciplined the trajectory of such developments.This sketch will be followed by an overview of how the upheavals of the 1960’s dramatically foregrounded the premises of disciplinary autonomy (indeed, that had never been totally devoid of controversy). As the foundational principles of theoretical approaches, methodological practices, and proprietary subject-matters underwent radical change and race, gender, and class constraints on the make-up of faculties and student-bodies were opened up through a combination of critical reflection and direct action, questions concerning the future intellectual and institutional centers for the production of legitimate and authoritative knowledge of human reality emerged dramatically.Finally, the crisis in the long-term evolution of the internal contradictions of the “two cultures” structure of knowledge and thus also of the social sciences suggests imminent structural transformation. No outcome is predetermined for the organization of future knowledge forms and their institutional organization, but elective agency will be a vital ingredient in their construction and in imagining the possible alternative social structures of which they will be an inseparable part. The last question to be addressed, then, concerns the modes of scholarly participation in this transition.     

Safety Products, Inc.: A case in financial analysis of a failing company

Safety Products, Inc. was a small, private corporation that manufactured acrylic sheet plastic. After a massive fire, the company filed a claim against its business interruption insurance for lost income. The policy covered profits that would have been earned, based on Safety’s financial records, had the disaster not occurred. The insurance company denied the claim on the grounds that Safety Products was not a going concern, and, therefore, there were no lost earnings.The basic learning objective of the case is to develop the students’ abilities to use and analyze a company history, along with its financial statements and ratios, to evaluate the going-concern assumption. The AICPA Core Competency Framework identifies a set of skills-based competencies needed to enter the accounting profession. The case provides a means to develop student skills in the Functional, Personal, and Broad Business Competencies, which are core skills relevant to long-term career opportunities. [American Institute of Certified Public Accountants (AICPA) (2001). AICPA core competency framework for entry into the accounting profession (the framework). Retrieved from < http://www.aicpa.org/edu/corecomp.htm > on April 3, 2006]The case is directed to an upper-division undergraduate or graduate course in Financial Statement Analysis. However, the case could be used in any accounting course that examines the going-concern or continuity assumption among the traditional assumptions of the accounting model.     

Transforming frameworks of accountability: The case of water privatization

The U.K. Government's belief in the innate inefficiency of traditional public sector provision of goods and services has inspired a number of initiatives which have resulted in management of public sector enterprises being confronted by an increasingly commercial environment, tighter financial controls, increased competition, and in some cases transfer to the private sector through privatization. This paper is concerned with investigating the ways in which accounting and accounting information has contributed to and shaped processes of organizational change in one area of the public sector, the ten Regional Water Authorities of England and Wales. In the early 1980s, the Water Authorities were subject to pressures from new Government financial controls and performance aims to become more efficient. These pressures intensified when the Government announced its intention to privatize them in 1986, and continued up to 1989 when privatization took effect. Since privatization the Water Authorities have been subject to “yardstick” competition under a new regulatory framework, and comparative judgements by the financial markets. In considering these changes, the paper examines the constitutive role of accounting in articulating changing organizational priorities, and in promoting first a vocabulary of costs and subsequently a vocabulary of profits as languages of organizational motive.     

Auditors’ decision-making under going-concern uncertainties in low litigation-risk environments: Evidence from Hong Kong

This study examines the audit opinions issued by auditors in a low litigation-risk environment at a time of high economic uncertainty – that of Hong Kong in the period immediately after the Asian financial crisis of 1997. Empirical research using United States data has shown that, contrary to professional guidance which restricts the issue of “disclaimer of opinion” only to situations where existing uncertainties prevent the auditor from forming an opinion, auditors tend to use the “disclaimer” report (in the going concern context) to signal more extreme client firm’s distress. In the high litigation-risk environment of the US, researchers have attributed this tendency to the idea that “disclaimer of opinion” reports are used by auditors to provide some protection against potential legal liability. The results of this study provide evidence that, even in the low litigation-risk environment of Hong Kong, auditors still use “disclaimer” reports to signal more extreme client firm financial distress. Thus, the maintenance of a high litigation-risk environment does not appear to be a necessary pre-requisite for high quality audits.