Neary: A pathetic and cowardly civil servant

We here at Public Inquiry have always treated the so called Financial Regulator with well deserved contempt. It’s an organisation that claims to work in the best interests of the consumer but in reality does no such thing.

The ‘Wild West’ financial sector of Ireland is, by far, the most corrupt in the Western world and yet not a single institution or individual has ever been investigated, never mind actually charged, by the police.

But the financial tsunami sweeping the globe has had the positive effect of stripping away all the bluff and bluster that covers the rot at the core of Irish financial regulation. The international community is beginning to see Ireland for what it really is, a corrupt banana republic pretending to be a modern democratic state.

Sean Fitzpatrick’s dirty little secret is just the latest example of how rotten the whole system really is and Neary’s ‘the dog ate my homework’ excuse for the debacle is a pathetic example of a cowardly civil servant rushing to protect his generous pension and massive golden handshake.

“So far as I am concerned, I was not advised of any such matters in early 2008 and there has been no oral, written or e-mail escalation of these issues to me or to the authority over the period until the matter was raised with me by the Minister on 10th December, 2008,” (Irish Times).

For good measure Neary throws in the by now standard missing letter/file and pressure of work excuses. The committee that ‘investigated’ the scandal made the usual mindless recommendations about reviewing staff requirements and examining loans to directors in more detail.

So, can the people of Ireland finally expect protection from the vermin that infest the financial sector when the new Financial Regulator is appointed? No, because the political system that created the financial regulatory system is itself corrupt and, as has become abundantly clear in recent times, does not act in the interest of the people.

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Financial Regulator

Morally blind

Letter in last Tuesday’s Irish Independent.

ONCE again we have an apologist for the Catholic Church making the nauseating equation between the ongoing child abuse outrages in the Catholic Church with the tiny number of clergy who have suffered through false allegations. Mary Kenny’s article (Irish Independent, January 5) puts her morally in the same place as Bishop Magee.

ANTHONY SHERIDAN

RTE and Gaza war

My overall sense of RTEs coverage of the ongoing war in the Gaza Strip is – Israel bad, Hamas good. Today with Pat Kenny, in particular, seems very anti Israel.

On today’s show we heard from a pro Hamas spokesperson, a slightly pro Hamas Middle East expert and a neutral journalist, the Israeli side wasn’t represented. There’s also a very noticeable difference in how each side is treated during interviews.

On Friday’s show the pro Hamas spokesperson was asked soft questions and allowed full time to answer while the Israeli ambassador to Ireland was constantly challenged to explain his country’s behaviour and frequently interrupted with even more hostile questions.

Time to get out the pikes?

To date the Government has given the banks a €440 billion guarantee and a €10 billion actual payout. Irish taxpayer’s will never see a return on the €1.5 billion given to Anglo Irish Bank, it’s gone forever.

The Government guarantee for the greedy bankers has seriously damaged the country’s international credit rating and the billions already handed out with billions more to come will completely destroy any hope of an early recovery for the economy thus condemning the Irish people to many years of financial hardship and causing a great deal of damage to the country.

Despite all this the bankers continue to show complete and utter contempt for Irish citizens. All deals are done in complete secrecy; details are kept to an absolute minimum. Nobody has or will be fired.

Brian Lenihan, acting as the official toady for the bankers, makes public statements from time to time informing us of what his masters have decided. His (their) latest decree informed citizens, in no uncertain terms, that no bankers will suffer the indignity of losing their jobs.

“Bank of Ireland and AIB have boards. They have to reflect on their responsibilities, they have to reflect on the performance of their own management team. And of course they will reflect on them but it is not the function of the Government to chop off heads every second of the day. We have seen a number of people (heads) roll this week and I have no doubt that in all the financial institutions responsibility will be taken.”

In a sentence – The bankers are calling the shots; they are being allowed to risk the future of every Irish citizen in order to retain their jobs and ill gotten gains.

It is against this backdrop that Senator Shane Ross is attempting to organise a shareholder’s revolt. Aparently there are up to 300,000 small shareholders in the various Irish banks.

Ross wants them to attend the upcoming EGMs beginning with Anglo Irish Bank on January 16th next. He wants them to turn up ‘armed with their votes and questions’.

Votes and questions??? – Surely that should be pikes and muskets?

Waiting for courage and vision from within the system

Former Fine Gael TD and Minister for Agriculture, Ivan Yates wrote a ‘fantasy’ article in yesterday’s Irish Examiner in which he set out the measures he would take if he was Taoiseach. Some of his suggestions are;

Appoint crime writer Paul Williams as Minister for Justice and retired surgeon Maurice Nelligan as Minister for Health. Drastically cut public expenditure including a 50% reduction in remuneration for all members of the Government. Dismiss all spin doctors, special advisors and stop all advertising and PR spending. Axe more than 50 state agencies and quangos and revoke the national pay agreement.

One of his more bizarre ideas is to appoint PJ Mara to oversee the campaign for Lisbon II. This is as weird as Senator Ross’s obsession with bringing back the chancer McCreevy to save the country.

Ivan Yates, like so many politicians before him, is courageous and visionary when he’s out of the system.

The great tragedy for Ireland is that we have yet to produce a politician who will act with courage and vision from within the system.

A corrupt nation in denial

The Financial Times has rightly described Ireland as a banana republic in response to the Anglo Irish Bank scandal. This is part of an ever increasing realisation by the international community that the administration of Ireland is, at every level, rotten to the core.

It is only within Ireland that the reality is denied. It is only within Ireland that a large majority of people including politicians, intellectuals, journalists and business people continue to pretend that Ireland is a normal, functional democracy like any other.

The financial tsunami that’s sweeping the globe is likely to strip away all such pretence and expose us for what we really are – a corrupt nation in denial.

The reaction to the Sean Fitzpatrick scandal and the banana republic editorial in the Financial Times is typical of such denial.

Brian Lenihan, Minister for Finance:

“I don’t accept that claim (Ireland is a banana republic), for one minute; very few countries have been left unscarred by the financial fall-out from the problems initially sparked by US sub-prime lending.
“There is nothing unique in what has happened in this country — and, indeed, we haven’t had all of the failings that have been demonstrated in some overseas banks.”

(Irish Independent, Dec 23).

Actually what happens in this country is unique. No other democracy in the world allows its bankers and other financial institutions to rob customers on a regular basis.

The corrupt and rotten business and political environment in Ireland is, largely, a creation of Lenihan’s party, Fianna Fail.

Shane Ross, Independent Senator:

“It’s a pretty stunning state of affairs.”

(Today with Pat Kenny, 19th Dec).

Actually it’s not stunning at all. This kind of ‘inappropriate’ behaviour has been going on since the foundation of the State. People like Senator Ross, unfortunately, have an amazing facility for getting outraged, forgetting and then getting outraged all over again when the next scandal breaks. He seems unable to join up the dots and see the reality that the Financial Times can see at a glance.

“What has happened here is a complete collapse of financial regulation…What has the Financial Regulator been doing since he became aware of Fitzpatrick’s loan last January?”

Wrong again Senator; there never was any financial regulation to collapse in the first place. Irish governments and regulatory authorities do not regulate but rather ‘facilitate’ the activities of financial institutions.

Last October, for the first time in the history of the State, an Irish financial institution was fined and that was only because it threatened the interests of other banks.

It’s likely that since last January the so called Financial Regulator has been trying to find a way of getting Anglo Irish and Sean Fitzpatrick off the hook. If it wasn’t for the collapse of the banking system Fitzpatrick would have been allowed to continue with his ‘inappropriate’ activities.

This is exactly how a ‘regulator’ behaves in a banana republic.

Gina Quin, CEO of Dublin Chamber of Commerce:

“I think it’s worth remembering that this wasn’t an illegal practice and you know business gets done between friends all of the time because we like to work with the people that we know and like and we can trust.

And trust is a hugely important feature of Irish business moving forward in the current climate. Trust and confidence are the absolute cornerstones of us pulling ourselves out of this current situation.

…the man has fallen on his sword, his fellow director is gone as well who was involved in one of the loans and we’ve got to move on…this is one small unfortunate incident and its not helping, we’ve got to move on.”

(Today with Pat Kenny, 19th Dec).

This is one small unfortunate incident”???

To be charitable to Ms. Quin, she’s young, ambitious and obviously completely ignorant of the rotten reality at the core of Irish public life. I hope that she manages to remain in her comfortable little bubble world interacting with people she likes and trusts.

Institute of Chartered Accountants in Ireland(ICAI):

The regulatory board of the Institute of Chartered Accountants in Ireland said it’s to look at the circumstances surrounding the director loan issue. It wants to know if any of its members was involved.

Recently, this organisation established an ‘independent’ regulatory board (CARB). Clearly, the ICAI sees regulation as a bit of a joke when we learn that they appointed Dr. Liam O’Reilly as chairman of the board of CARB.

During his career as chief executive officer of the Financial Regulator Mr. O’Reilly enthusiastically enforced policies that ensured no financial institution was ever brought to account for fraud or theft. His attitude is unlikely to have changed.

No accountant will be will be made to answer for the Anglo Irish Bank scandal.

Irish Association of Investments Managers:

The Irish Association of Investments Managers said it’s disappointed at events which have led to both Mr. Fitzpatrick’s resignations and that of the bank’s chief executive officer David Drumm. The association’s members manage 250 billion worth of investments and say they expect the highest level of transparency in dealings by directors of listed companies.

This joke organisation claims to ensure best standards throughout the investment industry. Two names – Jim Flavin, Sean Fitzpatrick.

Mary Hanafin, Minister for Social and Family Affairs:

When Hanafin was asked why couldn’t the Government make such loans illegal she spluttered

“Mmm…, Obviously, all sorts of arrangement and mmm…dealings that banks make, you know, and I think the regulator, the regulatory authority rather is actually looking to see what was behind that and the whole circumstances of it.”

(Saturday View, 20th Dec).

Hanafin went on to talk about the Fitzpatrick scandal as if she was a tourist from Mars and not part of the political establishment that created and supports rogue bankers.

Prof. Ray Kinsella, Director of the Centre for Insurance Studies at the Quinn Business School, UCD:

“This crisis has brought a generation to its knees…the impact on the very fine people working in the bank…the impact on Sean Fitzpatrick himself, I know it’s an unpopular thing to say but I’m uncomfortable with judgementalism and I don’t know all the facts but the impact on the Irish economy and financial system has been devastating.”

(Saturday View, 20th Dec).

The best that can be said of the professor is that he’s a bit of a header (See here). He once suggested that the Irish media should keep quiet about banking corruption as such talk could damage our international reputation. As I say, he’s a bit of a header.

Professor Niamh Brennan, Michael Mac Cormac Professor of Management, Director of Academic Centre For Corporate Governance, UCD:

Commentating on the failure of the Financial Regulator, Patrick Neary, to act on Fitzpatrick’s dodgy activities.

“I had thought it was a member of the staff that had made the discovery and hadn’t escalated to the Financial Regulator himself. But it appears that he knew and I find it absolutely extraordinary that he would have been part of those all night discussions in the Dept. of Finance and told nobody about this finding.”

(The Sunday Supplement, 21st Dec).

Professor Brennan is shocked because she, like many others in Ireland, labours under the illusion that the Regulator actually regulates, it does not. The Regulator, the Government and the banks are all in the same camp.

“What we need in Ireland is a robust system of regulation that protects the reputation of the country as a whole and which will be good for our citizens.”

As I have said, the Regulator, Government and the banks work closely together for the good of the banks and against the interests of the country and its people. The completely one sided deal done with the banks makes this fact crystal clear.

Unlike most commentators, including politicians, who immediately and without question accepted the regulator’s opinion that nothing illegal occurred, Professor Brennan believes that Fitzpatrick could be brought to account as follows.

Breach of fiduciary duties where a director puts his own personal interest ahead of the company.

Failing to keep accounting standards by not telling the truth in his financial statements.

Moving the loan was, in Professor Brennan’s opinion, illegal.

Fitzpatrick will never be brought to account for any wrong doing.

Ulick McEvaddy, businessman:

“I’ve seen this corporate madness if you like in a media frenzy to feed off any troubles that an Irish corporation would have.”

“So these people, Sean Fitzpatrick, Bill Barrett, these guys had a different philosophy in life and they to a great extent were, with Charles Haughey, another man pilloried in the media, the architects of this Celtic Tiger.”

(Marian Finucane Show, Sun 21st Dec).

My respect for McEvaddy completely evaporated on hearing this drivel. To blame the media for Fitzpatrick’s dodgy activities is bad enough but to defend the corrupt Haughey by claiming he was a victim of a media frenzy is to expose oneself as an ignorant fool of the worst kind.

David McWilliams, Economist and author:

For some time now McWilliams has been telling all and sundry what action needs to be taken in response to the collapse of the banks. But the Government have ignored his very sensible suggestions especially his insistence that the ‘financial delinquents’ who created the mess should all be sacked.

Responding to the dodgy deal done between the Government and the bankers McWilliams uses some colourful but accurate language.

“Recapitalisation is based on the economics of Noddyland.”

“Cronyism of the highest order.”

“Sends a signal to every foreign investor that Ireland is a banana republic.”

“Stroke politics” of Congolese proportions.”

(Irish Independent).

Unfortunately, McWilliams falls down in his analysis when he concludes that Brian Lenihan must be acting under very bad advice.

McWilliams, like so many other experts and commentators, persists in assuming that the Government and the Regulator are acting in the interest of the country when it is crystal clear that they are doing no such thing.

The Government, the Regulator and the banks are all on the same side, all working to an agenda that does not include the best interests of the people of Ireland.

Pat Cox, former president of the European Parliament:

I quote Mr. Cox extensively because his views are so disturbing.

Pat Cox is a highly intelligent and vastly experienced public figure. In addition to serving as President of the European Parliament he has served as an MEP, TD and broadcaster.

It is therefore deeply disturbing to witness him in full denial mode. Effectively, Cox is saying – Nothing illegal was done, Ireland is only a minor player when it comes to financial corruption and it’s just a case of some bad judgement and lax governance.

It’s difficult to believe he’s ignorant of the fact that Ireland is the only Western democracy that protects rather than prosecutes bankers who may be corrupt.

We here at Public Inquiry could quote hundreds of cases of political, financial and government corruption in support of the Financial Times accurate conclusion that Ireland is a banana republic.

Here’s what Cox had to say on the Fitzpatrick scandal.

“You asked the question at the very beginning; what about the comments in the papers about Ireland’s reputation?

If you look at the Tsunami of toxicity and greed that we have seen from Wall Street in all of the collapses and from the City of London, Ireland, I’m not relativising here (he is) but Ireland is really not king pin in this.

So those in the Financial Times editorial board or others who would cast a stone should cast them at glass houses closer to their headquarters at home. That’s the comparative point I wish to make.

Secondly, this week, we’re not discussing for example Mr. Madoff, one of the great guru’s of Wall Street who appears somehow or another by a corrupt scheme of pyramid selling to have maintained a system that finally has collapsed possibly with a debt of $50 billion.

So again, not to relativise, (he goes on to relativise) that’s real and that’s this week and it’s not in one Irish newspaper this weekend and a missing ingredient if we want comparative analysis.

I think the issue of what happened at home is an issue that touches loads of stories this week, it’s a question about people in authority, it’s a question about judgement, it’s a question about standards, it’s a question about transparency and it runs across so many stories in our papers today.

And the question about Sean Fitzpatrick is not one about legality and illegality to do with the bank giving loans. Under Irish company law it is very clear that up to ten per cent of the net assets of a business can be under law loaned to directors. Indeed, prior to earlier this decade up to a 100% could have been loaned.

So, the law is not the issue, the issue is the quality of governance, this is someone who has been the chief executive of one of the burgeoning banking institutions of this state and subsequently since he retired in 2004 the chairman.

And in that regard hiding the loan from the shareholders of his own bank, that’s the first grievous fault before we come to the public in some general prurient or other interest that they may have in this story.

It wasn’t leveling with shareholders and I only ask the question – Why not. It wasn’t illegal as has been said so why not tell it. So, there are people in the bank who made personal judgements not only one but several that it was ok in governance terms to hide this truth from their own shareholders maybe or not from their own auditors and they did it over consecutive years and it begs the question why.

Sure, not illegal but certainly well below the standards of good judgement and good authority and confidence is one of the missing ingredients in the global banking system today and in the Irish banking system and this is another heavy weight on those whose shoulders should bear the responsibility including our regulatory system.

The cosy capitalist bit or the Irish bit that I find quite disturbing is that those who have been invited to regulate appear themselves to be asleep at the wheel and so those who are there to look out for a stakeholders interest, whoever it may be, appear to have produced a less than acceptable performance and I find it really interesting that several of the newspapers today report our finance minister Brian Lenihan as not offering directly his confidence in our regulator saying this is a matter for the board and not for him.”

(Marian Finucane Show, Sun 21st Dec).

In conclusion:

The Financial Times is correct, Ireland is a banana republic. It is a corrupt state not just because of the extent of corruption throughout every level of society but more critically because of the complete failure of state agencies, including the body politic, to take effective measures to root out the disease.

This inaction has led to the State itself becoming a corrupt entity which in turn has created an environment where politicians, businessmen and many others in privileged and powerful positions can, with supreme and justified confidence, break the law with impunity.

This is the crucial difference between Ireland and other Western democracies. When corruption is uncovered in countries like America, England and France, for example, there is an immediate and robust response from well funded, professional and independent enforcement authorities. This does not happen in Ireland.

Ireland’s reputation will continue to be damaged for so long as politicians, journalists, intellectuals, business people and the bulk of ordinary Irish citizens continue to deny the reality of the situation.

Copy to:

Brian Lenihan, Minister for Finance
Shane Ross, Independent Senator
Gina Quin, CEO of Dublin Chamber of Commerce
Institute of Chartered Accountants in Ireland (ICAI)
Irish Association of Investments Managers (IAIM)
Mary Hanafin, Fianna Fail TD and Minister for Social and Family Affairs
Professor Kinsella, UCD
Professor Niamh Brennan, UCD
Ulick McEvaddy, businessman
David McWilliams, Economist and author
Pat Cox, former President of the European Parliament
Financial Regulator

Minister Andrews and Cloyone child abuse – I don't want to know

Here’s how Minister for Children, Barry Andrews explained his part in the Cloyne child abuse scandal

Interviewer: “When did you first read this report?”

Minister: “When I received the report from the church board I simply handed it on to the HSE because that is exactly what the post Ferns scenario requires us to do, to ensure that the HSE as the child protection authority in the State investigates any concerns about child protection, that’s what I did.”

“So you didn’t read it, you passed it on.”

“That’s correct.”

“But this is part of the questioning of protocols and responses because I suppose it is a learning curve for everyone in trying to cope with the scandals but do you think that was the best way for things to be?”

“That’s the we have learned is the best way, it’s not for the Minister for Children to investigate matters, it’s not for any government minister to investigate any issue.”

“Is that not neutral to the point of detachment?”

“No, it’s not. The HSE is a state authority and it has the function of ensuring that child protection practice in the State is very good. It’s my role to ensure that the HSE are doing that job so if I get a report about child protection concerns from any authority, sporting organisation or anybody, I wouldn’t investigate, I would pass it on to the HSE who have the staff and who have the statuary function under the Child Care Act to investigate these matters.”

“Does not reading mean that you don’t know anything about it, you barely read the title on the cover and you say – I don’t want to know?”

(At this point the Minister decides not to answer the question but instead reverts to political waffle)

“What’s absolutely lost in all of this is that we had an audit already in place on the part of the HSE in relation to Cloyne, so it was an unusual set of circumstances… blah blah blah.”

It’s crystal clear from this interview that Minister Andrews does not see child protection as an important matter. He’s apparently very happy to hand over total responsibility to the HSE, a discredited, unaccountable and completely self-serving organisation, an organisation that regularly puts the lives of Irish citizens at risk.

Barry Andrews is a young politician with the likelihood of a long and prosperous career as a member of the most corrupt and irresponsible political party in Ireland. Irish citizens and in particular Irish children are likely to pay the price.

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Barry Andrews