“Policy Subversion” in Corporate Insolvency: Political science, marxism and the role of power interests during the passage of insolvency legislation



Tribe, JP ORCID: 0000-0002-7272-7263
(2019) “Policy Subversion” in Corporate Insolvency: Political science, marxism and the role of power interests during the passage of insolvency legislation. Insolvency Intelligence, 32 (2). pp. 59-66.

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Abstract

It is well know that the “transmutation” of administration occurred during the passage of the Enterprise Bill leading up to the enactment of the Enterprise Act 2002 and the reforms that statute made to the Insolvency Act 1986. Similarly, the directors’ disqualification regime also suffered from last minute interference during its passage through the House of Lords who were examining, and influencing, the Insolvency and Companies Bills of the mid-1980s. Sir Kenneth Cork himself expressed dissatisfaction with this legislative meddling. The effect of which was to undermine the carefully considered plans of the Cork Committee meaning their final proposals in the famous Command Paper 8558 were not taken up in their totality by the Government in their Command Paper 9175 response, or in the subsequent Insolvency Act 1986 and associated statutes. Drawing on the Cork Archive at the University of Liverpool, these and further examples are critically evaluated in this article to demonstrate how carefully considered insolvency policy has been subverted during the legislative process in both 1986 and 2002 by various vested power interests. It is argued that future reform activity should safeguard against these subversive diversions from carefully constructed policy approaches so as to ensure that the totality of the policy’s effect is not lost for all stakeholders.

Item Type: Article
Uncontrolled Keywords: insolvency, reform, parliament, marxism, corporate insolvency, influence
Depositing User: Symplectic Admin
Date Deposited: 18 May 2020 10:21
Last Modified: 18 Jan 2023 23:51
URI: https://livrepository.liverpool.ac.uk/id/eprint/3087352