How to set Libor in a post-Barclays age

Time for the banks to have some skin in the game

The Libor-fixing scandal is obviously problematic for a number of reasons, but one of the biggest ones is that it isn't entirely clear how to prevent it happening again. The only reason we know for sure the rates were artificially set are the (still astonishing) internal emails from Barclays requesting that.

The issue is that, certainly at the height of the financial crisis, and even now, Libor relies on self-reported rates. Banks rarely actually borrow in large quantities from the inter-bank market any more, so rather than reporting what they are borrowing at, they are forced to report what they think they could report at. The problem then is that unless you have cast-iron evidence that there is an ulterior motive, its hard to distinguish rate-fixing from just not really guesstimating your rates very well.

Some have responded to this by arguing that the replacement to Libor should be based on actual borrowing. If a bank isn't borrowing on the inter-bank market, they report some other similar cost of capital; if they aren't borrowing at all, they don't submit. But in the FT today, Frank Partnoy comes up with another, more ingenious solution:

The teeth of the new regulation would be a rule requiring the bank that submitted the lowest Libor estimate to lend a significant amount of money, say $1bn, to the Libor Trust at its submitted low rate. Conversely, the bank submitting the highest Libor estimate would be required to borrow the same amount from the Libor Trust, in the relevant currency for the specified period of time, at its submitted high rate.

So if Barclays under-reports its rate by 1 per cent and finds itself the lowest reporting bank, it suddenly loses out on $10m over the course of a year. And the same problem if it over-reports. If, meanwhile, RBS over-reports by 1 per cent, it loses out on the same; and the trust in charge of setting the rates pockets the $20m difference (which could then go towards running costs, into the Treasury, or some other noble cause).

If there is a problem with that, it's that it may not be entirely painless to be forced to borrow $1bn even at accurately reported rates. But that seems like a small price to pay for regenerating trust in a system which has suffered a severe blow.

Barclays. Rates up, up, up? Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

Photo: Getty
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Who will win the Copeland by-election?

Labour face a tricky task in holding onto the seat. 

What’s the Copeland by-election about? That’s the question that will decide who wins it.

The Conservatives want it to be about the nuclear industry, which is the seat’s biggest employer, and Jeremy Corbyn’s long history of opposition to nuclear power.

Labour want it to be about the difficulties of the NHS in Cumbria in general and the future of West Cumberland Hospital in particular.

Who’s winning? Neither party is confident of victory but both sides think it will be close. That Theresa May has visited is a sign of the confidence in Conservative headquarters that, win or lose, Labour will not increase its majority from the six-point lead it held over the Conservatives in May 2015. (It’s always more instructive to talk about vote share rather than raw numbers, in by-elections in particular.)

But her visit may have been counterproductive. Yes, she is the most popular politician in Britain according to all the polls, but in visiting she has added fuel to the fire of Labour’s message that the Conservatives are keeping an anxious eye on the outcome.

Labour strategists feared that “the oxygen” would come out of the campaign if May used her visit to offer a guarantee about West Cumberland Hospital. Instead, she refused to answer, merely hyping up the issue further.

The party is nervous that opposition to Corbyn is going to supress turnout among their voters, but on the Conservative side, there is considerable irritation that May’s visit has made their task harder, too.

Voters know the difference between a by-election and a general election and my hunch is that people will get they can have a free hit on the health question without risking the future of the nuclear factory. That Corbyn has U-Turned on nuclear power only helps.

I said last week that if I knew what the local paper would look like between now and then I would be able to call the outcome. Today the West Cumbria News & Star leads with Downing Street’s refusal to answer questions about West Cumberland Hospital. All the signs favour Labour. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.