An evil still lurks at the heart of the British economy: lateness

Cash flow problems account for a huge percentage of corporate bankruptcies. A change in the law, and our culture, might just give the economy a much-needed boost.

Sometimes parliamentary inquiries can be drab, dull affairs - events that feel compelled to occur for form's sake rather than for any great purpose. A recent special parliamentary inquiry however shone a light onto a dark and shameful corner of business culture in the UK, a culture that is undermining our economic recovery. The enquiry was looking into the UK's systemic late payment system and in particular the escalating impact overdue invoices are having on SMEs and their ability to stay afloat. As of the end of last year, outstanding debts to small and medium-sized business stood at a record £35.3bn in late payments - and large companies have been identified as the main culprits.

That the government is aware of this issue is of course to be applauded. A couple of months ago the Late Payments of Commercial Debts Regulations 2013 came into force, designed to protect small businesses struggling with cash flow due to late payment of invoices. However, this legislation only goes halfway to addressing the problem because it does not stipulate the length of time that an invoice must legally be paid by. The government should strongly consider imposing fines on serial late payers. Protecting SMEs with a mandatory payment time limit is a no-brainer and will surely be coming down the track at some stage.

This will take some time though. Therefore until the law is amended we need to start changing the culture in which large businesses sit on sizable cash reserves and hold SMEs hostage to their reluctance to pay in a timely fashion. My question to large businesses with ample liquidity is: what is there to gain in taking an age to pay a supplier? It engenders bad relationships, a negative perception of your brand and, worst of all; it slows economic growth – growth that you, the reluctant-to-pay business, could take advantage of. The great unintended consequence of this late payment culture is that the SME or start up – a growth engine for economic acceleration and source of so-called 'green shoots' - is being strangled at birth by its neglectful elders.

Cash flow problems account for a huge percentage of corporate bankruptcies: in 2008, for example, 4,000 UK businesses failed as a direct consequence of late payment. As of the end of 2011 the average small firm had approximately £45,000 of unpaid invoice debt sitting on its books, up from £39,000 from the previous half year. Furthermore, given that SMEs account for about 60 per cent of private sector employment, if their cash flow was more stable they might employ just one more person, which would make a huge difference to the overall level of unemployment. With lending shrinking at 2.5 per cent a year, despite the Government’s Funding for Lending Scheme, this is an escalating problem that, like a pestilent, is killing green shoots just as they begin to grow.

If large corporations start to pay their suppliers on time, i.e. within 30 to 60 days, we would see a sea change in business activity and, consequently, SME growth. As the saying has it, it's not rocket science, and is perhaps one of the simplest and most practical way of stimulating economic growth in our current flat lining economy.

Stop all the clocks - Overdue invoices are having a damaging effect on SMEs. Photograph: Getty Images.

Co-CEO of DLA Piper

Getty Images.
Show Hide image

The problems with ending encryption to fight terrorism

Forcing tech firms to create a "backdoor" to access messages would be a gift to cyber-hackers.

The UK has endured its worst terrorist atrocity since 7 July 2005 and the threat level has been raised to "critical" for the first time in a decade. Though election campaigning has been suspended, the debate over potential new powers has already begun.

Today's Sun reports that the Conservatives will seek to force technology companies to hand over encrypted messages to the police and security services. The new Technical Capability Notices were proposed by Amber Rudd following the Westminster terrorist attack and a month-long consultation closed last week. A Tory minister told the Sun: "We will do this as soon as we can after the election, as long as we get back in. The level of threat clearly proves there is no more time to waste now. The social media companies have been laughing in our faces for too long."

Put that way, the plan sounds reasonable (orders would be approved by the home secretary and a senior judge). But there are irrefutable problems. Encryption means tech firms such as WhatsApp and Apple can't simply "hand over" suspect messages - they can't access them at all. The technology is designed precisely so that conversations are genuinely private (unless a suspect's device is obtained or hacked into). Were companies to create an encryption "backdoor", as the government proposes, they would also create new opportunities for criminals and cyberhackers (as in the case of the recent NHS attack).

Ian Levy, the technical director of the National Cyber Security, told the New Statesman's Will Dunn earlier this year: "Nobody in this organisation or our parent organisation will ever ask for a 'back door' in a large-scale encryption system, because it's dumb."

But there is a more profound problem: once created, a technology cannot be uninvented. Should large tech firms end encryption, terrorists will merely turn to other, lesser-known platforms. The only means of barring UK citizens from using the service would be a Chinese-style "great firewall", cutting Britain off from the rest of the internet. In 2015, before entering the cabinet, Brexit Secretary David Davis warned of ending encryption: "Such a move would have had devastating consequences for all financial transactions and online commerce, not to mention the security of all personal data. Its consequences for the City do not bear thinking about."

Labour's manifesto pledged to "provide our security agencies with the resources and the powers they need to protect our country and keep us all safe." But added: "We will also ensure that such powers do not weaken our individual rights or civil liberties". The Liberal Democrats have vowed to "oppose Conservative attempts to undermine encryption."

But with a large Conservative majority inevitable, according to polls, ministers will be confident of winning parliamentary support for the plan. Only a rebellion led by Davis-esque liberals is likely to stop them.

George Eaton is political editor of the New Statesman.

0800 7318496