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The Maturing Of Socially Responsible

Investment: A Review Of The


Developing Link With Corporate Russell Sparkes
Social Responsibility Christopher J. Cowton

ABSTRACT. This paper reviews the development of the earlier ethical criticisms of certain forms of SRI but,
socially responsible investment (SRI) over recent years ironically, probably owes its existence to those pioneering
and highlights the prospects for an increasingly strong approaches. We conclude with some suggestions for
connection with the practice of corporate social respon- further research to inform discussion of the issues high-
sibility. The paper argues that not only has SRI grown lighted in the paper.
significantly, it has also matured. In particular, it has be-
come an investment philosophy adopted by a growing KEY WORDS: corporate social responsibility (CSR),
proportion of large investment institutions. This shift in engagement, ethical investment, shareholder activism,
SRI from margin to mainstream and the position in socially responsible investment (SRI)
which institutional investors find themselves is leading to
a new form of SRI shareholder pressure. Although this
bears some resemblance to lobbying campaigns which
might take advantage of shareholder rights, we seek to
Introduction
distinguish it as an important phenomenon in its own
right – one to which corporate executives are likely to be
paying increasing attention in the years to come. We Reviewing the development of socially responsible
further argue that this approach potentially meets some of investment (SRI) in recent years, this paper argues
that not only has it grown significantly but it has also
matured, in the sense that it has become more
Russell Sparkes is a fund manager specialising in social invest-
ment for the Central Finance Board of the Methodist Church.
complex and begun to enter the mainstream of
He is the Secretary of the Joint Advisory Committee on the investment practice. This maturation of SRI has
Ethics of Investment of the British Methodist Church, and a important implications for its relationship with cor-
Director of the U.K. Social Investment Forum. Russell porate social responsibility (CSR). SRI has changed
Sparkes is the author of numerous articles and speeches on from an activity carried out by a small number of
socially responsible investment. His books include The Eth- specialist retail investment funds (in the form of unit
ical Investor (Harper Collins 1994) and Socially Responsible trusts and mutual funds), probably of negligible or
Investment – A Global Revolution which was published minor economic importance, into an investment
simultaneously in the U.K. and U.S. by John Wiley in philosophy adopted by a growing proportion of
November 2002. large investment institutions, i.e. large pension funds
Christopher Cowton has been Professor of Accounting at and insurance companies. We argue, with support
Huddersfield University Business School since 1996. He was
from other recent authors, that this shift in SRI from
previously University Lecturer in Management Studies at the
University of Oxford and a Fellow of Templeton College. He
margin to mainstream could play a crucial role in
was Chair of EBEN-UK (The U.K. Association of the obliging or influencing quoted companies to address
European Business Ethics Network) from 1998 to 2001 and CSR issues. For most corporate executives could
is editor of the journal, Business Ethics: A European Review, ignore SRI issues when they were limited to a fringe
published by Blackwells. He is the author or joint author of minority, but this is no longer possible when they
five previous papers in the Journal of Business Ethics. are raised by institutional investors, which are the

Journal of Business Ethics 52: 45–57, 2004.


 2004 Kluwer Academic Publishers. Printed in the Netherlands.
46 Russell Sparkes and Christopher J. Cowton

most important ownership group of quoted com- investment portfolios were church investors in the
panies in many developed economies. The need for U.K., U.S., and Australia. The churches also played a
corporate executives to pay attention to those prominent role in the next stage, the development of
investors is not just a question of institutional commercial ‘‘ethical’’ investment products, as
investors’ economic power, though; we argue it is Methodists and Quakers were responsible for the
also a function of the way in which those investors launch of the first ethical unit trusts in the U.S. and
pursue SRI, which we describe and explain as part of U.K. (see Sparkes, 2002, Chapter 3). However, as
the development of an increasingly complex and time has passed the term ‘‘ethical investment’’ has
mature approach to SRI. We further argue that this increasingly been replaced by that of ‘socially
approach potentially meets some of the earlier eth- responsible investment’.1 In part this reflects the fact
ical criticisms of certain forms of SRI but, ironically, that many people feel uncomfortable about using the
probably owes its existence to those pioneering ap- word ‘‘ethical’’ to describe investment matters. This
proaches. type of reluctance was publicly expressed by the U.K.
The paper is structured as follows. First, our Pension Minister Stephen Timms in his 1999 speech
understanding of certain important terms and basic to Parliament announcing new SRI pensions regu-
features of SRI is outlined. Second, we examine lations to which we will return later (Timms, 1999):
various approaches to SRI which have developed,
outlining some of their technical and ethical features. (It) has traditionally been referred to as Ethical
Third, we explore the implications of the adoption Investment, but what I prefer to call Socially
Responsible Investment. I believe that when a name
of SRI by mainstream institutional investors, which
becomes so loaded a term that the very mention of it
can be seen as a major landmark in the maturing of stifles intelligent debate rather than encourages it, then
SRI. Fourth, we discuss how those investors might it’s time for a change.
influence companies’ adoption of CSR. In the final
main section before the Conclusion we then return Perhaps some people are uncomfortable about
to the ethics of SRI and also make some proposals identifying the grounds for ethics or think that it
for future empirical research. carries religious or moralising overtones. Others
object to the use of the word ‘‘ethical’’ because it
Coming to terms with socially responsible seems to imply that mainstream approaches to
investment investment are ‘‘unethical’’ (Purcell, 1980; Capital:
A Moral Instrument?, 1992) – though following that
The field of SRI has been characterised by debate line of reasoning, the usually preferred term of
(Bruyn, 1987; Hylton, 1992) or lack of consensus ‘‘socially responsible investment’’ would seem to
about definitions (Cooper and Schlegelmilch, 1993; imply that normal investing is socially irresponsible,
Frankel, 1984). Even the terminology is not settled. which might be no more appreciated than an im-
Thus broadly similar or related terms which appear in plicit accusation of ‘‘unethical’’.
the literature include social (Bruyn, 1987; McGill, While the terms SRI and ethical investment are
1984), divergent (Schotland, 1980), creative (Powers, often used interchangeably, in some contexts, for
1971), green (Simpson, 1991), targeted, development some purposes, it may be worth making a distinction
and strategic (Wokutch et al., 1984) investing or between the two – although in practice the dis-
investment. However, the two most common terms tinctions made are not always the same. For exam-
are socially responsible investment – the term used in ple, Sparkes (2001) proposed a heuristic distinction,
this paper – and ethical investment. Before proceeding suggesting that the older term could usefully be re-
further it may be appropriate at this point to analyse stricted to non-profit making bodies such as chur-
these two terms and, in particular, to consider whether ches, charities, and environmental groups. The
there is any difference in meaning between them. argument was that ‘‘ethical investment’’ could
Ethical investment is the older term (e.g. Domini, accurately describe the process whereby value-based
1984; Simon et al., 1972). This may reflect the fact organisations applied internal ethical principles to an
that the first investors to set ethical parameters on investment strategy, but that it was hard to see how
The Maturing of Socially Responsible Investment 47

it could apply to the profit maximising behaviour of that warrants its exclusion from the ethical consid-
fund management companies supplying ethical unit erations that are brought to bear on other areas of life
trusts (see Anderson, 1996). This was prompted by a (Bourke, 1997; Capital: A Moral Instrument?, 1992;
conceptual issue pointed out by Cowton (1994): Sparkes, 1998). ‘‘Any individual or group which
truly cares about ethical, moral, religious or political
At one level, ethical investment can be seen as just principles should in theory at least want to invest
another product innovation that helps widen their money in accordance with their principles’’
choice…. The irony is that its occurrence can be ex-
(Miller, 1992, p. 248). The original ‘‘ethical inves-
plained in pure, profit-seeking capitalistic terms, as
financial institutions seek to influence and exploit their
tors’’ were church investment bodies, and it is only
environment in the interests of profitability. Thus in the past two or three decades of late modernity
individual investors, potentially at least, have their (McCann et al., 2003), and especially in recent years,
values met or satisfied by institutions/people who do that such a perspective has been explicitly reflected
not share these values at all, whose sole motive might in dedicated SRI retail funds offered to the public.
be to make more money. Since their inception in 1971 in the U.S. and
1984 in the U.K. the basic model used by SRI retail
Others might apply the term ethical investment to funds has been to base their ‘‘ethics’’ upon a rela-
the specialist or dedicated retail funds too, but view tively straightforward and negative approach of
SRI as a broader umbrella term (Collier, forth- excluding shareholdings in companies judged to be
coming) which covers various related activities.2 unethical – an avoidance approach. This is still the
Certainly we are content to use the term SRI to predominant approach in the U.S., according to
cover the various approaches that we discuss in the Schepers and Sethi (2003). Building on the chur-
next section, all of which conform in some way with ches’ traditional concern over alcohol, tobacco,
Cowton’s (1994) definition of ethical investment (in gambling and perhaps defence, other issues have
a broad sense) as ‘‘the exercise of ethical and social included South African involvement during the
criteria in the selection and management of invest- apartheid era, the environment, human rights, por-
ment portfolios, generally consisting of company nography, and animal welfare issues.
shares (stocks)’’. Notwithstanding some variety, An ethical case for avoidance follows naturally
other definitions advanced in recent years possess a from the prima facie case stated above, that consistent
strong family resemblance (for an overview see standards of behaviour should be applied in all areas
Sparkes, 2001), and rarely does anything important of life, including investment. Larmer (1997, p. 400)
for a particular argument hang on which one is contends that holding a share suggests approval, and
chosen. Questions regarding abstract definition or ‘‘simply approving of an immoral action is im-
the choice of which term to use, though sometimes moral’’, while Gunnemann (1972, p. 193) argues
of some significance, are probably of less importance that ‘‘simply holding this stock and making a profit
than developing an understanding of the range of from it indicates some acquiescence, or some sup-
practices which have come to be associated with the port for a particular activity of the corporation or the
use of the terms. It is the contention of this paper company’’. Mills (1996, p. 2) similarly argues that
that the practices encompassed by SRI have signif- ‘‘the righteousness of any monetary return is con-
icantly changed over recent years and that this ditional on the absence of the exploitation of cus-
development has fundamentally altered its ability to tomer, workers, creditors and suppliers’’. In this
influence corporate social responsibility. strand of argument, integrity or ‘‘moral purity’’
(Simon et al., 1972, p. 25) appear to be the priority.
However, it has been questioned whether purity,
The development of socially responsible as implied by avoidance, is really a feasible ethical
investment goal. Simon et al. (1972, p. 26) describe it as
‘‘hopelessly naive’’ because the interconnectedness
The prima facie ethical case for SRI is that investment of the corporate sector involves the investor in an
should not be immune from ethical scrutiny, for endless series of illusions and arbitrary decisions,
there is nothing special about investment in general while Powers (1971) suggests that the search for
48 Russell Sparkes and Christopher J. Cowton

purity, a concept which tends to be ‘‘absolutist’’ in growth prospects. Such funds have therefore con-
moral terms, often leads to moral paralysis in today’s centrated their investments in the environmental
complex world. technology area, although again they are relatively
In practice, though, mechanistic filter screens are small in number. In general, avoidance remains the
often established to rule out unacceptable invest- dominant model for SRI retail funds.
ments; typically a maximum percentage of a com- Simon et al. (1972), who are critical of avoidance,
pany’s turnover, perhaps five or ten percent in a prefer moral effectiveness to moral purity. In other
problem area. Thus SRI funds tend to use thresholds words, they are more interested in affecting com-
of acceptability rather than ‘‘strictly binary proposi- panies’ adoption of CSR than simply keeping an
tions’’ (Rockness and Williams, 1988, p. 406). investment portfolio ‘‘clean’’. However, the prob-
However, whatever the practicalities of the use of lem of passive investment involving avoidance and,
thresholds, it does pose a problem in principle. The perhaps, more positive criteria, is that as long as it is
justification of arbitrary cut-off points rather than on a small scale it is unlikely to have any impact on
absolute avoidance is difficult (Powers, 1971); the larger, heavily-traded companies because the share
use of thresholds does, after all, explicitly condone price will tend to return to a level reflecting financial
the presence of certain apparently undesirable attri- fundamentals (Boatright, 1999). This has led some to
butes in the investment portfolio; and sometimes the suggest that SRI should involve active attempts to
amount of business can be substantial. Schepers and put direct pressure on companies, taking advantage
Sethi (2003, p. 17) note that the percentage ap- of shareholder rights. In this shareholders may find
proach ‘‘has the effect of bias against smaller com- themselves allied with others who are campaigning
panies and favours large companies whose ‘‘socially for corporate change, some of whom may own a
undesirable’’ conduct might be much bigger in token shareholding. There have been a few notable
absolute terms’’. examples of this kind of behaviour in the U.K.
Furthermore, some writers are critical of avoid- (Mackenzie, 1993), but U.K. SRI investors ‘‘appear
ance on its own. There is a danger that investors will to prefer to conduct business behind closed doors’’
feel that they have fulfilled their moral responsibility (Friedman and Miles, 2001, p. 536). The practice has
for the use of their capital (Capital: A Moral a considerable tradition in the U.S.A., where it is
Instrument?, 1992) and it ignores the opportunity to easier to table critical shareholder resolutions (Graves
encourage good products, good companies, good et al., 2001; Purcell, 1979), but Schepers and Sethi
social conditions and best environmental practice (2003) cast doubt on how successful such efforts
(Bourke, 1997). Over time some retail SRI funds have been. Part of the reason has been that institu-
have made changes to the basic model, taking into tional investors have often sided with management
account positive factors when analysing companies, and so resolutions have rarely received a large pro-
such as charitable donations, employment of ethnic portion of the votes cast. We return to this issue
minorities etc. There are various ways to combine below.
avoidance with more positive criteria, but one of the When SRI was limited to a few SRI retail funds
problems with this approach is that there is relatively of insignificant size, it had minimal ability to assert
little agreement on what such positive issues should CSR values on companies. However, in countries
be, nor much data on which to assess them. It is hard such as the U.K. and Australia, SRI funds have in-
to avoid the conclusion that negative criteria tend to creased significantly in number and size in recent
dominate (Schepers and Sethi, 2003). years (McCann et al., 2003; Solomon et al., 2002;
Another variant that has been tried by retail funds Sparkes, 2002). Friedman and Miles (2001, p. 526)
with a strong ‘‘green’’ image is a positive approach refer to a ‘‘staggering’’ 78.6% increase in U.K. SRI
with a title such as ‘‘industries of the future’’. This funds between 1997 and 1999 and a perception that
has a strong appeal to investors whose dominant SRI their influence is growing as a result. Nevertheless, if
concerns lie in the environmental area, as it offers they remain based upon a passive policy focused on
them the dual benefits of a commitment to sus- avoiding investment in companies disapproved of
tainability plus the hoped-for financial benefits of their impact is likely to remain marginal, at best.
investing in industries with significant long-term (Such negative avoidance approaches probably also
The Maturing of Socially Responsible Investment 49

made it easier for corporate executives and invest- has occurred in the U.K., encouraged by govern-
ment professionals to dismiss SRI as the work of the ment legislation. The U.K. Government has not
‘‘lunatic fringe’’.) Schepers and Sethi (2003, p. 26) required pension funds to adopt SRI. However, in
suggest that ‘‘SRI funds have very little, if any, July 1998 it did announce plans to require, from July
bargaining leverage to influence corporate behaviour 2000, all trustees of occupational and local govern-
based on its equity holdings’’. However, as Perks ment pension schemes to state their policy on SRI.
et al. (1992, p. 61) point out, ‘‘an ethical investment This has been a significant driver in the growth of
movement ... is potentially a powerful coalition of SRI, encouraging many trustees to develop SRI
interests, particularly if it includes substantial institutional policies (Solomon et al., 2002).
investors’ (emphasis added) because, as Corbetta The growth in pension funds adopting SRI
(1994) argues, the large institutional investors in techniques and analysis is of the greatest importance
managerial capitalism have the ability to express for CSR, as they are the majority owners of most
meaningful dissent rather than merely abandon quoted businesses. As such they have the power to
companies. Their (in)actions are crucial: ‘If CSR is request, and if necessary instruct, corporate execu-
to be encouraged, the role of the institutional tives to include social and environmental guidelines
investment community is essential’’ (Solomon et al., in their business objectives. Such growth, both to
2002, p. 1). There are signs in recent years that date and in the foreseeable future, has a number of
institutional investors are beginning to take SRI important consequences. It means that, inter alia, SRI
seriously. This represents the maturing of SRI, its now has a much greater influence on the financial
movement from the margin to the mainstream. markets and the economy as a whole. Corporate
executives need to take notice of their most pow-
erful investors, and if those investors are embracing
SRI in some way, social issues will inevitably find a
From margin to mainstream significant place on the corporate agenda. Such
pressures and incentives have been reinforced by the
Collier (forthcoming) refers to an ‘‘evolutionary phenomenon of ‘‘socially responsible’’ stock indices
shift’’ in institutional investment, ‘‘one which has being produced, such as the FTSE4Good series and
sharpened the CSR focus of the financial sector’’. It the Dow Jones Sustainability series. It is notable that
is now something carried out by major investors some companies (e.g. O2) refer to their presence in
such as some pension funds and insurance compa- such indices in their own publications. This seems to
nies. Sparkes (2002) shows that the adoption by have further prompted the launch of an increasing
pension funds of SRI policies has occurred on a number of agencies and consultancies seeking to sell
significant scale in the U.S., U.K., Canada, and CSR advice to the corporate sector.
Australia. Although putting precise figures on the Although the introduction of legislation on SRI
size of SRI beyond the dedicated SRI retail funds is disclosure for pension funds built on the precedent
difficult, McCann et al. (2003, p. 16) refer to its and progress of SRI retail funds over the previous
‘‘recent and quite sudden growth’’, which accords decade and a half, the core SRI retail fund approach
with the situation that Sparkes portrays. As McCann of avoidance of large elements of the stock market
et al. (2003, p. 19) note, sets considerable practical challenges for institutional
SRI in its current form is very different from earlier investors. One of the difficulties with the classic
modes of ethical investment. SRI is not restricted to avoidance approach is that it reduces diversification
ethical funds but rather involves a mainstream invest- and misses out on potential growth opportunities.
ment strategy … which is being adopted increasingly The evidence suggests that the underlying investors
by the majority of pension funds and large institutional in SRI retail funds are willing to accept lower
investors. financial returns as a price worth paying in order to
invest in line with their conscience (see Lewis and
The growth in SRI arises from a combination of Mackenzie, 2000) and theoretically one would ex-
legislative compulsion and pressure from actual and pect, ceteris paribus, that the adoption of SRI con-
future beneficiaries. Possibly the most rapid growth straints would lead to lower risk-adjusted financial
50 Russell Sparkes and Christopher J. Cowton

returns. However, the research evidence is not clear the U.K., and the Domini Social Index in the U.S.
on this point, although on balance it suggests that The evidence suggests that such an approach can
there need not be any major performance penalty. obviate the financial cost of ethical avoidance, and
(Gregory et al. (1997), Guerard (1997a, b) for U.S. possibly even be a net positive to returns (for further
data, Mallin et al. (1995), for U.K. research see details see Sparkes, 2002, Chapter 10).
Sparkes (1994)). The subject of absolute and relative However, this is very much a minority approach
SRI investment returns is summarised in Sparkes at present. The risk-optimisation investment ap-
(2002, Chapter 10), which came to three main proach naturally goes along with a related invest-
conclusions. The first was that SRI exclusions make ment philosophy of investing in most sectors of the
an insignificant difference to index returns over any stock market, but evaluating potential investments
reasonable time frame. The second was that most using both financial and SRI criteria. For example, it
U.K. SRI unit trusts and U.S. SRI mutual funds might rank ten potential investments in the U.S.
have tended to make slightly lower returns than a energy sector, and decide that six of them were
peer group of comparable trusts, although this per- acceptable. This may be described as ‘‘best in class’’
formance cost is probably acceptable to the under- investing, which ‘‘means that socially responsible
lying investors. The last point was that academic funds do not exclude whole sectors from their
research on SRI financial returns has been based portfolios but include those companies in previously
upon retail funds whose performance data is widely excluded sectors that are making the most effort to
available. However, the rapid growth in pension improve their social responsibility’’ (Solomon et al.,
funds that have adopted socially responsible criteria 2002, p. 3). However, a ‘‘best in class’’ methodology
means that such research can no longer be regarded may also be used on its own. It is best seen in the
as representative. With such large sums involved, growing number of SRI index funds that have few if
results might be different, and pension funds – which any SRI exclusions. The Swiss SAM index series is a
operate under the legal obligation of fiduciary duty – good example of this approach.
would need to exercise caution in extrapolating The more common approach for institutional
from previous findings. investors is to abandon the SRI avoidance policies of
Pension funds which wish to add SRI criteria to SRI retail funds, so that there should be no invest-
their investment objectives have essentially two ways ment penalty. Engagement ‘‘is the preferred invest-
forward past this conundrum of financial cost. (Since ment approach of institutional investors over
the vast majority of pension funds use external screening’’ (Friedman and Miles, 2001, p. 535).
investment managers they will normally take Thus in this case the socially responsibility concerns
investment advice from their professional advisers on will be implemented not directly in the composition
this point.) One approach to the problem of of the portfolio but by using shareholder ownership
investment performance is to integrate SRI exclu- rights to influence corporate behaviour, seeking to
sions into portfolio construction in such a way that steer it in a more socially responsible direction. How
the financial risk is minimised. Such ‘‘active risk this might be accomplished is discussed in the next
minimisation’’ uses internal market correlations to section, but it should be noted at this point that, as a
minimise the potential investment penalties of SRI strand in the corporate governance debate, institu-
exclusions. This enables institutional portfolios to be tional investors have been encouraged to take a less
created that avoid sections of the stock market, but passive approach to the management of their share-
yet produce a risk/reward performance similar to holdings.
that of a benchmark index such as the FTSE All-
Share in the U.K., or the S&P 500 in the U.S. A
classic example would be to offset the risk of not From SRI to CSR
owning tobacco or alcohol shares in a portfolio by
overweighting the fund’s exposure to food manu- The attempt by investors to influence companies is
facturing companies which have similar economic often associated with the term ‘‘shareholder activ-
characteristics. This is the approach adopted by the ism’’. Technically speaking ‘‘shareholder activism’’
Central Finance Board of the Methodist Church in simply means the use of voting rights attached to
The Maturing of Socially Responsible Investment 51

ordinary shares to assert political, financial, or other to theorise the process of engagement, it is less easy to
objectives. It occurs when a shareholder group en- pronounce on whether or not investor engagement
gages in coordinated action to utilise their unique improves overall CSR.
rights to facilitate change. Such action can take a
number of forms beyond the obvious one of filing a Even when something appears to happen ‘‘it is dif-
shareholder resolution at a company’s Annual Gen- ficult to measure the impact of shareholder activism
eral Meeting (AGM), such as seeking publicity for on corporate policies and practices because both
the group’s objectives or dialogue with corporate sides like to claim credit for progressive results’’
executives over the matter in dispute. (Purcell, 1979, p. 30). For example, it was reported
Shareholder resolutions on social and environ- in Ethical and Social Investment No. 10 (Winter 1986/
mental issues have become commonplace in the 87, p. 5) that, while the Church Commissioners
U.S. over the last thirty years, generally known as publicly claimed credit for the decision of BET to
‘‘social proxies’’ to distinguish them from other types raise its wages in South Africa (thus vindicating the
of shareholder activism (Graves et al., 2001). Over Commissioners’ policy of influencing companies
time U.S. SRI activism has developed a recognised rather than selling shares), a spokesman for the
code of procedure. It begins with initial dialogue company denied that the role of interested share-
with corporate executives to inform them of CSR holders was decisive. Part of the reason for this is that
concerns held by institutional investors, a process sometimes shareholder activism is just one part of a
generally known as ‘‘engagement’’ in the U.K. Such wider campaign, which might, for example, include
discussions may work well in facilitating the ex- political lobbying and consumer boycotts led by
change of information on sensitive CSR issues be- NGOs.
tween institutional investors and corporate At first sight single-issue advocacy campaigns look
executives and may even last for a number of years. very similar to SRI investors asserting social objec-
However, if agreement cannot be reached, the social tives. The two groups may share similar concerns
proxy resolution is then presented to the company’s over a particular social or environmental issue, and
AGM for shareholders to vote upon it; though it is they may often work together to pressurise a certain
not unknown for the mere threat of filing a social company. However, although the means of NGO
proxy to be enough to influence corporate behav- advocacy and SRI activism may be similar, the aims
iour in a desired manner. The matter is settled and objectives of the two groups are in principle
amicably at this point, with the resolution being quite different and need to be carefully distin-
withdrawn by its sponsors before the company’s guished.
AGM. In the 1970s social proxies laid before the NGOs are normally based upon a narrowly de-
AGM normally received low levels of support, but fined agenda that is perceived to be of overwhelm-
by the 1990s it was not unknown for them to re- ing importance to their members. It seems fair to
ceive the support of 10%–25% of shares cast. Even state that they do not seem interested in general
though it does not represent a defeat for them, the shareholder democracy issues. Indeed, their advo-
existence of such a high level of public support puts cacy campaigns may use (critics might say abuse)
great pressure on company boards to respond posi- shareholder rights to attend a company’s annual
tively to the CSR concerns expressed in the proxies. general meeting simply in order to complain in a
The response to defeated social proxies and the public forum about a company’s activities. For
withdrawal of proxies mean that the success of example:
shareholder activism cannot be judged simply by the
Each year Partizans, a tiny but dogged London-based
passing of social proxies at the AGM. As Collier
campaigning group, has launched a campaign on
(forthcoming) comments: RTZ, the world’s largest mining company. Partizans
wants RTZ to act in a more environmentally
responsible way, and to treat indigenous people with
Much of what can be called investor engagement is more respect. Partizans does not table resolutions, in-
low-profile, and frequently remains that way over a stead it asks difficult questions and seeks to attract press
long period of time… [and] although it is easy enough publicity for the causes it represents. Occasionally it
52 Russell Sparkes and Christopher J. Cowton

has stormed the podium in an effort to make the recognition of shareholder activism as a valid
company and the press listen (Mackenzie, 1997). investment tool probably dates back to April 1989
when U.S. shareholder activist Bob Monks informed
For campaigning NGOs, maintaining the value of the board of Honeywell Inc, a large U.S. computer
the shares they have bought, normally for only a and defence company, that proposals to limit
small sum, is not an object of concern. It seems quite shareholder powers were unacceptable. Monks
legitimate for them to want to cause financial harm formed a shareholder action group to oppose the
to a company, perhaps by encouraging consumer board’s proposals, and a fierce proxy battle began.
boycotts, if that is seen as the most effective way to The board’s proposals were subsequently defeated,
achieve their aims and it is done in a non-violent and three months later Honeywell announced a
way in accordance with the law. On the other hand major restructuring resulting in a 22% increase in its
it is hard to conceive of any circumstance in which share price. Monks (1990) commented:
SRI investors would actually want to see a decline in
the value of the shares they hold. Indeed, to do so We do not claim to be responsible for all of the gain ...
would seem to go against their legal fiduciary obli- perhaps Honeywell management would have an-
gations (Solomon et al., 2002). Socially responsible nounced a restructuring even without external pres-
investors want a financial return from their invest- sure. But we believe that our demonstration of
ments, whereas this is immaterial for advocacy shareholder concern – and power – played a substantial
campaigns. The ultimate objective of SRI share- part in the gains realised.
holder activism is to improve corporate behaviour,
whereas NGO advocacy campaigns may even seek The 1989 Honeywell proxy battle was historic for a
to close down a particular company on the basis that number of reasons. Of particular relevance to the
its whole basis of operation is immoral, e.g. nuclear concerns of this paper, it was the first time that insti-
power (British Energy), mining (Rio Tinto), or tutional shareholders joined forces with private
tobacco (Philip Morris). Confrontation and publicity investors for a proxy initiative to defeat a corporation’s
are also standard tools of campaigning groups, anti-takeover proposals. It was also the first time
whereas private dialogue or engagement with cor- shareholder activism by institutional shareholders, and
porate executives is more characteristic of SRI, as against the will of an incumbent management team,
described earlier. clearly demonstrated a substantial improvement in the
However, it seems fair to note that many NGOs, target company’s share price. Monks went on to found
particularly larger ones, have realised that the tre- a company, Lens Inc., an investment management
mendous growth in SRI across retail funds and espe- firm specialising in shareholder activism with the
cially institutional investors provides an opportunity objective of making financial gains. One of Lens’s
to gain influential allies. SRI investors would be re- most celebrated cases was a two year battle in 1990–
pelled by the older ‘‘confrontational’’ approach, and 1992 with the giant U.S. retail chain Sears Roebuck,
some NGOs have recently adopted a more pragmatic where Monks even stood as an independent director.
stance that fits in well with SRI. Such approaches are He was not elected, but the company was eventually
covered in depth in Hildyard and Mansley (2002). For forced into a major restructuring plan which involved
example, they describe the campaign led by Friends of selling off its financial operations to concentrate on
the Earth which persuaded the U.K. company Balfour retailing. Over this period Sears’ share price almost
Beatty not to construct a dam at Ilisu in Turkey. This doubled from $24.75 to $44.75. Shareholder activism
campaign actively courted the support of socially is not the only means of influencing companies –
responsible investors, and seems a good example of the regulation and consumer power are other obvious
pragmatic approach. vehicles, among many – nor is it necessarily the best
Nevertheless, although SRI activism by institu- one, but these cases show that it can be effective in
tional investors might focus on similar issues to changing corporate behaviour. Institutional share-
NGO campaigners, it is probably more appropriate holders have expressed their financial concerns
to draw parallels with shareholder activism as a tool through activism in the past, but equally, they can
for overtly increasing shareholder value. Public express social and ethical concerns, particularly now
The Maturing of Socially Responsible Investment 53

that they are adopting SRI policies. The Balfour Be- social or ethical considerations are taken into
atty case was mentioned earlier; Collier (forthcoming) account in the selection, retention, and reali-
cites the unfolding case of a major U.K. asset man- sation of the investments.
agement company putting pressure on BP over safety (b) ASIC may develop guidelines that must be
in its Alaskan operations. complied with where a product disclosure
It should be acknowledged that the U.S. is a statement makes any claim that labour stan-
particularly favourable context in which shareholder dards or environment, social, or ethical con-
activism can flourish. American shareholders benefit siderations are taken into account in the
from the closely defined legal rights to file share- selection, retention or realisation of the
holder resolutions issued by the Securities and Ex- investment.
change Commission (SEC). Primary sponsors of a
resolution must own a minimum of $2000 worth of In the U.K. and Australia, where social resolu-
stock in the corporation (a threshold increased from tions are relatively new, company executives fre-
$1000 in 1992) and they must have held this for at quently exhibit an antagonistic reaction, probably
least a year. To be resubmitted a resolution must regarding them as an unwarranted interference in a
receive at least 3% of the votes in year one, 6% in company’s affairs. Such suspicions may be justified
year two, and 10% subsequently. Compared to many when they are filed by a single-issue campaigning
other countries, these requirements are not partic- group. However, SRI resolutions can have a positive
ularly onerous. function as a feedback mechanism that alerts the
Until recently, overt shareholder activism has board of directors to potential problems lying ahead.
been rare outside the U.S., but public policy mea- Such a function is perhaps one of the most clear cut
sures in many Anglo-Saxon countries aim to make it illustrations of the linkages between SRI and CSR.
more widespread. The U.K. pension legislation to When U.S. institutions started filing social proxies in
encourage SRI and shareholder voting was noted the early 1970s, the atmosphere was often highly
earlier. Canada and Australia can be cited as two charged and adversarial. The pioneers in this respect
further examples. Attempts to file U.S.-style social were church investors coordinated by the Interfaith
proxy resolutions in Canada were made illegal by a Center on Corporate Responsibility (ICCR), who
court decision in 1987 over a shareholder resolution are still playing a leading role thirty years later. Of
criticising the tractor company Massey–Ferguson for the 261 shareholder resolutions filed in 2001, nearly
its involvement in South Africa. The court upheld a half, 135 in total, were filed by ICCR. However, in
legal challenge by the company that this contravened recent years relations between corporate executives
the Canada Business Corporations Act (CBCA). and social proxy filers have changed through what
However, in November 2001 the Canadian Federal Tim Smith, the former head of ICCR, called ‘‘a
Government responded to growing public criticism process of maturation’’. In other words each side of
of this legal prohibition by issuing new regulations the process recognises that the other has something
amending the CBCA that make the Canadian rules of value to offer and that the objective of the exer-
on shareholder resolutions similar to those in the cise is to benefit the corporation by improving its
U.S. behaviour; it is not aimed at damaging it. In Smith’s
In March 2002 a major reform of financial ser- words:
vices in Australia came into effect. The new rules put
an obligation on all Australian pension funds to Today a generation of parties to these negotiations has
become accustomed to the idea that the interests in-
disclose their compliance with the SRI regulations
volved are not mutually exclusive but are often com-
shown below, and upon the Australian Securities
plementary. In fact, this is what the corporate social
and Investment Commission (ASIC) to monitor responsibility movement has contended from the
compliance: beginning. A ‘‘maturation’’ process is taking place on
both sides. Increasingly investors are recognising and
(a) Any seller or issuer of investment products affirming the constructive role of social investors such
must disclose to investors the extent (if at all) as the churches to raise and work though issues that
to which labour standards or environmental, must be of concern to the corporation. (Smith, 1992)
54 Russell Sparkes and Christopher J. Cowton

Thus shareholder ownership rights, or ‘‘shareholder ticipate in financial products which avoid investing
activism’’, may be used for CSR motives or to in particular areas of concern. In a pluralistic society
produce financial gain – or both. The growing SRI there is no definitive set of beliefs among such
retail funds might have some influence, particularly investors, and it seems likely that few of them find
on smaller listed companies (Friedman and Miles, any one fund’s exclusion criteria exactly meets their
2001). However, it is institutional investors, which requirements. It may not be economic for invest-
are both becoming more active as shareholders as a ment management companies to launch a series of
result of the governance debate and now taking into niche funds tailored to each market segment of
account SRI concerns, that are most likely to pro- investors, so the underlying investors have to make
vide leverage on companies to improve their per- do with funds where their particular concerns are
formance with respect to CSR. probably but a subset of the SRI criteria being fol-
lowed. However, it should be noted that where the
policy is primarily one of avoidance or exclusion,
Discussion this may not be a major problem, for as long as the
individual investor does not have a positive desire to
The preceding sections have argued that socially invest in any of the areas avoided, the product at least
responsible investment has developed significantly in meets his or her own particular negative concerns.3
several ways. As other writers have also noted, it has The ethical complexity deepened once govern-
grown in size, most obviously in the establishment ment action and the pressure of public opinion pu-
and advance of SRI retail funds but, we would ar- shed large institutional investors into adopting social
gue, more importantly in the recent past through its responsibility criteria. For reasons already explained,
adoption by some major institutional investors. The a passive approach focused on simple avoidance is an
adoption of SRI by powerful mainstream investors impractical approach for them; engagement/activism
could in itself be seen as a sign of maturity, but we are more attractive options. Given their economic
would argue that the field has matured in other ways significance, this is likely to prove the most powerful
too. For example, we now have SRI stock market way in which SRI will influence corporate execu-
indices and there are several different approaches to tives to engage in corporate social responsibility. If it
the practice of SRI in addition to the core avoidance does, it will meet the concerns of critics who have
approach of SRI retail funds, including SRI risk complained that basic forms of SRI, especially
optimisation and engagement/activism. The latter avoidance, are ethically inadequate because they are
are better suited to institutional investors. not designed, or at least not able, to bring about
There has also been increased complexity in SRI change in companies’ behaviour. Yet there is an
in ethical terms. As we noted earlier, the prima facie irony here, for it is highly unlikely that the disclosure
ethical case for SRI is that investment should not be of institutional investors’ SRI policies would have
immune from the ethical considerations that are appeared on the political agenda in the U.K. without
brought to bear in other areas of life. When church the successful establishment of SRI retail funds and
investors started ‘ethical investment’ they did so as the infrastructure of information and expertise which
relatively homogeneous institutions, based upon a they helped to build up. If that is the case and the
relatively well-defined set of beliefs, and possessing a adoption of SRI by institutional investors does have
system of authority which enabled disputed ques- an impact on CSR, it will represent an indirect
tions to be tackled. In other words, each church vindication of SRI retail funds beyond their ability
investment fund may be regarded as a single fund to satisfy the scruples of individual investors.
with an explicit set of beliefs and some form of However, there are some concerns about insti-
advisory body to advise on the practical implemen- tutional investors’ influencing of companies, partic-
tation of these beliefs. ularly if it is limited to ‘‘behind the scenes’’ dialogue.
Ethical complexity increased once retail SRI retail It has been condemned by campaigning NGOs as an
funds were launched. They enable individuals with essentially futile exercise, particularly if – as appears
differing social and environmental concerns (see to have often been the case in the U.K. – it is treated
Anand and Cowton, 1993; Cowton, 1999) to par- as a discrete activity in itself rather than as a possible
The Maturing of Socially Responsible Investment 55

prelude to more public activism such as the filing of and how does the relationship develop over
a shareholder resolution. Friends of the Earth, for time?
example, have condemned it as ‘‘greenwash’’ • How do their activities relate to campaigns by
(McRae, 2001). However, as explained earlier, it is NGOs?
difficult to judge the effectiveness of such discreet
interactions. More might be happening than meets Such questions, and no doubt many others, will need
the eye; but then that leaves the activity open to a to be addressed by a variety of research methods,
charge of lack of transparency, which does not seem including questionnaire surveys and interviews. Case
to fit well with SRI and CSR. studies would be particularly informative. They
There would therefore seem to be several ethical could focus on a particular institutional investor’s
advantages of following the shareholder activism approach to SRI, a particular company’s dealings
route, perhaps with some limited opening dialogue, with institutional investors over SRI, a particular
rather than relying solely on ‘‘engagement’’. Firstly, issue across a range of investors and companies or
shareholder resolutions are public documents and an even a particular episode. All could provide valuable
exercise in shareholder democracy, so there is greater detail to enrich our understanding of the issues
transparency and disclosure. Secondly, this follows which matter and the processes at work. Hopefully
well established procedures of corporate governance. good research data would be accessible; it would be
Finally, this supports the aims of public authorities in disappointing, and somewhat ironic, if our ability to
most Anglo-Saxon countries that institutional know and understand what is happening in this
investors should make greater use of the voting important area were inhibited by a lack of co-
rights attached to their shares. However, whatever operation by the parties involved.
happens, if SRI is to bring about greater CSR,
institutional investors’ policies will have to have real
content, and companies will have to be persuaded
that a constructive response to those policies is in Conclusion
their shareholders’ best interests. If the pressure is
coming from their largest shareholders, who bear a This paper has provided a review of developments in
fiduciary responsibility, it will not be easy for com- socially responsible investment. The aim has not
panies to prove otherwise unless they engage in been to look in detail at the issues and policies
serious dialogue. pursued but rather to highlight important recent
With the above in mind, it is clear that research trends which, we believe, mark a ‘‘step change’’ in
will be important to track and understand what is SRI and its connection with the practice of corpo-
happening as we enter this mature phase of SRI, rate social responsibility by major companies. The
perhaps building on earlier research into dedicated ‘‘mainstreaming’’ of SRI as it is adopted by institu-
SRI retail funds (e.g. Harte et al., 1991; Rockness tional investors (not just by charities and other val-
and Williams, 1988; Schepers and Sethi, 2003). ues-based organisations or in dedicated SRI retail
Questions to address might include: funds) is a major step in the maturing of SRI which
offers the prospect of putting significant pressure on
• How many institutional investors have formal companies to adopt CSR. If successful, it will meet
SRI policies and what are the differences be- some of the criticisms levelled against earlier forms of
tween adopters and non-adopters? SRI from which it can be regarded as having
• What are the components of those policies and developed. Citing support from other literature, this
how do institutional investors seek to have paper has explored how the process of influence
them implemented by the companies in which might take place. Shareholder resolutions will con-
they are invested? tinue to have a part to play in the U.S. and will
• How were the policies established and what become more common than they have been hith-
processes are in place to review them? erto in other countries, but their use will need to be
• What response do institutional investors receive viewed in the context of other engagement mech-
when they raise CSR concerns with companies anisms, especially dialogue between institutional
56 Russell Sparkes and Christopher J. Cowton

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Note that this is not true in Australia, which has Reading, MA).
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