Perez on the role of government
Back in 2005, when I first read the Strategy & Business Thought Leader Interview with Professor Carlota Perez. Professor Perez stated something that I found interesting and thought provoking. Her comment in the article was as follows.
S+B: What role does the government play in this?
Perez: A big role. I think that market fundamentalism today is as much of an obstacle to world economic growth in the next decades as state fundamentalism was in the 1970s and ’80s. Government needs to be reinvented, using as much imagination as it took to design the welfare state in the first place. It all seems impossible now, but things always seem impossible at this point in the surge. Between 1934 and 1946, a lot of economists believed that high unemployment was inevitable, because both industry and agriculture were shedding labor. But just after that, with an adequate institutional framework for mass production and consumption, the U.S. entered its biggest full-employment period in history.Compliance frameworks have been how governments regulated business. Today, shareholders of firms have never felt more unable to deal with the businesses that they own. A systemic failure of the banking industry shows that boards of directors are powerless to deal with management. Bringing into question corporate governance and compliance as one of the premier issues that everyone would agree on.
This discussion about compliance may be about different perspectives on how compliance is achieved. I see compliance as a fallout of the transactions themselves. Net profits attract taxes. Oil and gas production incurs royalties. Stock exchanges impose transparency. In a transaction focused ERP software application as described in the Draft Specification. Where design of transactions is deemed one of the value adding attributes of a business, the Tax, Royalty and SEC requirements are not the driving attribute of the decisions being made. Or they shouldn't be. Granted interpretation of the regulations is the fine art that does generate substantial value for a firm. But these can be done on a global or overall firm basis after the fact. The point that is being made here is that compliance is a fall out of transactions. Secondly, compliance is a critical and inherent aspect of the transaction itself. Separation of compliance from the transactions is how Enron, WorldCom and Bernie Madoff achieved their scams.
In this post I want to propose a hypothesis of how things have became so disjointed. Based on Professor Perez' prompting us to rethink the role of government; have the software developers been the ones that fumbled the compliance football? Or has the lack of recognition of the importance of the role of software developers in ensuring compliance, been an inherent part of the breakdown?
In these past few days, when we have been discussing the compliance requirements of oil and gas producers. I have stated that the Compliance sub-frameworks of SEC, Tax and Royalty need to be aligned to the five frameworks of the Joint Operating Committee. The lack of alignment is part of the problem. I have also recently published the policies that People, Ideas & Objects has for compliance to royalties. That is we don't pay for the software development costs of any royalty framework. Since 1993 it has been my experience that producers won't pay for royalty compliance software development. It's 2010 and not one system exists to properly calculate a producers obligation. The evidence is in. Our policy is that the royalty holder will need to pay People, Ideas & Objects to develop the royalty compliant software. It's a compliance policy that is either 100 or 0% compliant. This is particularly valid when the Alberta Government is looking into it's sixth review of royalties since 2007.
The government's role in these situations has always been to pass legislation, enforce and administer the regulations. Why have they not funded the software that maintains the compliance for the oil and gas producers? Everyone at the table has someone who is paying their costs, except for the software developer. Governments toss these regulations out, expect compliance and its the lowly software developer who is required to fund the development of the software? We have no skin in the game, and are indeed hesitant to employ anything but the 0% solution. If compliance is such a large issue in today's business market. Why are the governments leaving it to a disinterested groups of software developers, who in turn have to sell what they did to uninterested investors or the producers themselves. This is a lose, lose proposition.
I think this is one of the areas where Professor Perez is correct. The software development costs associated with the compliance frameworks [royalty, tax and SEC] should be funded directly by the government agency that demands compliance. This is an area where government needs to think how they can be more effective in their responsibilities to their stakeholders. We are relying on an administrative framework that is a generation or two behind the fact that software is a critical piece of the compliance world.
Another point is that government's writing generic applications to maintain compliance won't work. The analogy of putting a 1956 Soviet Lada engine in a 2010 Ferrari is appropriate. Just send the cash. The JOC's decisions have compliance implications. Compliance needs to be natural elements of the processes, written by the same developers, in the same programming languages, designed by the same users. Therefore to integrate them, the software developers have to do the functionality and the compliance. For those governments that are concerned about funding several software firms, that's not my problem. Making the regulations more easily integrated might be an area where value could be generated.
People, Ideas & Objects face market, financial and technical risks. If we manage our cash in an effective manner. And are able to internally fund the compliance development costs ourselves. And then in the eleventh hour, when the application is 95% complete and everyone is exhausted, the producers lose the desire to continue funding People, Ideas & Objects. This type of financial failure is the primary cause that software systems have failed. With approximately $1 billion in projected costs, we would be foolish to even attempt to build a compliance framework ourselves. Particularly with a government such as Alberta's that changes the rules every six months.
One last point is that People, Ideas & Objects is user based developments. Our objective is to provide the oil and gas producer with the most profitable means of oil and gas operations. Think of this compliance issue from these user and producer orientations. And that does not mean that we just skip compliance, and that does not mean that we will fund these costs ourselves.
On a related note to this, here is a video of British Conservative Leader David Cameron talking about "The next age of government". He also has some answers.
If your an enlightened producer, an oil and gas investor or shareholder, who would be interested in funding these software developments and communities, please follow our Funding Policies & Procedures, and our Hardware Policies & Procedures. If your a government that collects royalties from oil and gas producers, and are concerned about the accuracy of your royalty income, please review our Royalty Policies & Procedures and email me. And if your a potential user of this software, and possibly as a member of the Community of Independent Service Providers, please join us here.
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