Failing to punish

Clifford Fenton, who lives in the beautiful Glen of Imaal in County Wicklow, allowed his land to be used for illegal dumping. Up to eight thousand tons of waste was illegally dumped there over a number of months in 2001 (RTE News, 9th report).

The waste, which originated from the Mater Public and Blackrock Clinic hospitals in Dublin, included – Blood contained in tubes, blood stained bandages, used incontinent pads, sharps such as scalpels and needles, bodily fluids and laboratory waste. There was also construction, chemical, domestic and animal carcasses.

For most sane people this is a very serious crime. It’s one of those crimes that has the potential to cause massive environmental damage not to mention the serious risk posed to people. It’s the sort of crime where a strong message needs to be sent out by judges so that others will be deterred from such reckless activity.

Unfortunately, the judge in this case would not agree. He fined Fenton a paltry €70,000 saying that he wasn’t a serious player in the scam. This is like saying somebody who supplies a murder weapon is only a minor participant.

The owner of the waste disposal company and a truck driver are awaiting sentence. What punishment can they expect from this judge– an all expenses paid FÁS holiday to Florida perhaps.

FÁS chief gives people of Ireland the two fingers

Former chairman of FÁS Brian Geoghegan doesn’t mince his words when it comes to giving two fingers to the people of Ireland (RTE News, 7th report).

The fat cat bureaucrat told the Public Accounts Committee, and by extension the people of Ireland, he was not aware that first class travel had been availed of by FÁS executives. Furthermore, he told the people who pay his massive wage that neither he nor his board were responsible for checking details of travel.

I’m surprised he deigned to talk to us at all.

Child abuse holocaust continues

The holocaust of child abuse continues in the Catholic Church. A publication by the National Board for Safeguarding Children strongly censured Bishop of Cloyne, John McGee, for “potentially exposing vulnerable children to further harm.”

Even the usually mild mannered and conservative Marian Fincuane (Saturday) was angry.

“I was listening to the Bishop on the six o’clock news where he said ‘we’re in learning mode’ – learning mode??
And I just think we should remind ourselves that Ivor Paine was first sent for treatment in 1981, the Brendan Smyth event happened in 1994, we had the revelation about the £30,000 which was paid to Andrew Madden and then we had Archbishop Connell coming out in May 1995.
Then we had Ferns, then, fortunately we had Archbishop Martin who said we’re going to get our act together here, we’re going to cooperate in every possible way with the State, we are going to be open and transparent.
But down in Cloyne they’re still in ‘learning mode’ and this is about the protection of children who can have their lives destroyed by these kinds of events happening. So, I think now that below in Cloyne it would be very useful if you got into a slightly faster learning mode.”

Matthew Ring, a priest who nine years ago courageously left the Diocese of Cloyne in disgust at how sex allegations were being dealt with by McGee, was even more to the point.

“If John McGee as bishop of Cloyne was resident in England he would be questioned by the police and all his documents would be removed from his house and there would be a thorough investigation into what went on. I think in terms of Ireland the bishops feel they’re above the law and above accountability and that’s the fundamental problem in Ireland. Until such time as a bishop is held before the courts of the land in Ireland there will be no transparency and no accountability.”

We at Public Inquiry would add to the list of those who are above the law in Ireland – Politicians, bureaucrats, bankers, solicitors, policemen – the list goes on.

The Catholic Church always puts its own interests before the vulnerable it claims to protect. This is unlikely to change given that it is now led by a man who fatefully served Hitler’s Nazi party until the very last days of the war.

The HSE, another agency that often operates outside the law, refused to give a date for the release of another report it possess concerning child abuse. No doubt it is waiting for the most opportune moment to slip it out quietly while the media is otherwise engaged.

Yet another banker caught out

Yet another banker has been caught out and forced to resign. Sean Fitzpatrick, chairman of Anglo Irish Bank, has resigned in a controversy over ‘inappropriate’ loans to directors involving sums of up to €87 million.

We don’t know yet if Fitzpatrick has done anything illegal, we can only be sure that if he has he will not be made accountable.

Writing in the Irish Times (22nd September 2005) Fitzpatrick is scathing in his criticism on over regulation and the attitude of media reporting on business matters. The article is worth reproducing in full.

Media should spare us the polemics and give us balanced business news

To maintain economic progress, we need fewer laws and a more positive attitude towards business and risk-taking, says Seán Fitzpatrick.

In order to consider now what we should be doing with the fruits of our economic success, we first need to understand what it is we have achieved over the last 15 years.

Let’s cast our minds back a number of years. Many of us will remember the mid-1970s to the mid-1980s. It’s easy, though, to forget the days of negative growth, high unemployment, high taxation, high interest rates, rampant emigration and balance of payment problems.

Ireland wasn’t exactly a great place to do business. We were conservative, flair was hardly in evidence and we lacked business confidence. The pace at which things were done was pedestrian, bureaucracy prevailed, but even worse, there was very little hope for our young and educated, who emigrated in their tens of thousands.

The last decade and a half or so has just blown that all away. It was as if, overnight, we discovered just how good we were. We were bright, well-educated, flexible, good-natured, creative and even hardworking. The Paddy stopped drinking G&Ts before the three-course, three-hour lunch and found Ballygowan, the bowl of soup and the hang sandwich.

We had ideas, and we had balls. We would put in whatever hours and whatever miles it required to take those ideas and turn them into business successes.

The brightest and the best of our school-leavers stopped automatically signing up for the professions.
Commerce faculties, business schools, and property qualifications became trendy and numerous. And all the time as we worked the scene and maximised the moment, the world watched in astonishment. That is no exaggeration.

The authorities on these matters – the economists, the Financial Times, the Wall Street Journal and others – that had initially been sceptical, eventually came to marvel at what we were doing and achieving.

The economic boom has brought some trouble in its wake. It has led to excesses that have the potential to damage the very fabric of our society. On occasions, the confidence that fuelled much of the business dynamism turned to arrogance.

We’ve all seen the cases where the smile became a sneer, and the stride a swagger.

However, what must be acknowledged is that, for all the reservations, some of which are well founded, the Celtic Tiger has been a force for good in Ireland. It has allowed us stretch ourselves and express ourselves in a manner that was unthinkable in the business culture of the recent past.

And what was it that underpinned all of this success? Some trends were crucial, in my opinion:

The profound cultural shift in how we did our business and the pro-business environment that our Government championed.

More specifically, taxation was reduced, inward investment was greatly encouraged and many incentives were used to promote business and enterprise and property development.

The general environment was positive. The men and women who took advantage and who drove the economy onwards year on year were operating in a positive environment where risk-taking was applauded and success rewarded.

In his last budget, the current Minister for Finance referred to economic success as being nothing more than a means to an end – that unless it helped to create a better society it will have been wasted.

The national debate must go to the heart of what the Minister for Finance said. Yes, we must sustain our economic performance, but we must ensure that in another 10 years no such blights exist in the Ireland of 2015. Society as a whole must have benefited to a greater extent than it has to date. And that is the responsibility of us all.

I would like to develop another theme which is also about perspective – but in a different sense.

While our economy continues to outperform most of its peers and the immediate outlook remains very positive, there has been a slowdown in the rate of growth. This means we need to be very conscious of the overall environment for business.

Two things concern me:the move towards more and more regulation; the quite hostile approach towards business by elements in the media.

Maybe it is the start of old age kicking in. Maybe it represents the defensive instincts of a banking sector that feels a little bit hunted at the moment. But maybe, just maybe, the concern is genuinely motivated by a belief that the pronounced moves towards greater control and regulation could squeeze the life out of an economy that has thrived on intuition, imagination and a spirit of adventure.

There are those who appear to want to establish Ireland as the perfect model in corporate policing and regulation. For these people, regulation is paramount.

They want us to go further than a territory such as the US, where the scale of impropriety in business has been truly shocking. We’re moving towards regulatory and compliance barriers that are significantly more stringent than two of our most important trading partners.

But why? What has been done here over the past decade that demands such a reaction? Where is the line-up of failed companies with shareholders who’ve been ripped-off and left bemoaning the lack of due care and attention by feckless directors?

It is true that we’ve had some difficulties. My own industry of banking had the issue of Dirt to deal with and, as an industry, our actions were clearly wrong in the past. We failed to deal with the issues appropriately; we were wrong, and we have paid the price for our misjudgment.

However, what’s important in this context is that the issue of Dirt was capable of being dealt with under existing legislation and under existing procedures. We did not need any new powers.

Overall, we have done very well by Ireland and the Irish economy over the past 15 years. We can be proud of it and we can confidently state our case: we do not need more legislation. What we really need is fewer laws, but which are better and more stringently enforced.

The media has a huge influence in Ireland, and overall, I believe it has taken quite a negative view of Irish business. It remains the case that many in the business press seem always to focus on the negative.

Issues of compliance or general corporate conduct get coverage that is disproportionate to their importance, or the frequency with which they would arise.

This is important because business coverage influences the general public mood. It is a source of information for those from outside who are considering Ireland as a place to do business. It is absolutely correct that where serious wrong-doing has been uncovered it should be exposed.

This must be part of the function of an independent press. (The lack of it has been one of the long-running criticisms of the property media in Ireland and I don’t believe it has served the property sector well.)

So, it’s a question of balance. There are things that should be ventilated more, but what I see from where I am sitting, is a general acceptance by most of the media that business is dodgy or suspect and it needs to be highly regulated.

This theme is there in much of what I read and it needs to be challenged, because it undermines the fundamental that underpins economic growth.

And then there is the occasional descent into farce. RTÉ, which in fairness brings us morning and evening business coverage that is focused on just that – business – recently gave a platform to one of the thousands of financial advisers who trade in Ireland and allowed him sound off on the ills of our economy.

RTÉ chose to give a TV soapbox to Eddie Hobbs, someone who – completely unchecked – was allowed to go on a rant about our economy that targeted almost every stakeholder in that economic success that I referred to earlier. Why?

Everyone knows there have been overruns in infrastructural budgets. We all know that the taxation cocktail hits us particularly hard on certain goods and services and so on,but why, oh why, give this man four weeks of prime time television?

This is not good. I’d genuinely worry that much of the nonsense he peddled would gain common currency and that the wholly unbalanced Hobbsian perspective on Ireland of 2005 would fuel the anger of many of those who have failed to benefit from our economic success thus far.

This could also support a political agenda that is far removed from any of our long-established political parties.Were that to happen RTÉ should be held accountable, as the media generally must be, for the significant influence it has on the economic environment. This whole area needs attention.

To conclude, let me return to the need for us to make sure that we sustain the economic success of the past 15 years, but that in doing so we turn even more attention on the creation of a better and more equitable society in its wake.

That is the job of us all, and the media should prompt and prod us all – politicians, business people, the social partners – to ensure that this happens. Just spare us the polemics and the hyperbole and give us some balance.

Seán Fitzpatrick is chairman of Anglo Irish Bank. This is an edited version of his speech at The Irish Times Property Advertising Awards

© The Irish Times

Defending a failed state

After reading a report that the principal witness in the ongoing FAS scandal, Greg Craig, had refused a third ‘invitation’ to appear before the Dail Public Accounts Committee I rang PAC and spoke to a senior civil servant.

“The PAC has compellability powers, why doesn’t PAC compel Craig to give evidence?”

“PAC can get compellability powers but it’s quite difficult to get them, it takes a long time to get compellability powers.”

“It was vital for our examination that he comes in; we have enough information of what went on in FAS at the moment. Mr. Craig had an opportunity to put his side of the story because he was mentioned, as is his right, because there are allegations of wrongdoing. If he chooses not to do that then we’ll have to go ahead on the basis of what the findings are so far through the Comptroller and Auditor General.”

“I’m not interested in Mr. Craig’s difficulties; I want to know what happened to my money.”

“We know what happened from the C & AGs report and at the end of the day we want the C & AG to go back and conduct a more thorough investigation of FAS which he’s doing in January and we can’t be seen to be holding up that so we gave him the invitation.

It’s up to him if he wants to take it up, if he doesn’t we’ll just go ahead with the findings and the evidence we’ve taken so far. We know what went on, we know exactly what went on, we’ve got huge amounts of material from FAS and they have admitted what went on there in terms of what was wrong.”

“What power does the PAC have in regard to referring these matters to the Guards or the Fraud Squad?”

“That will be something we’ll look at; some of these matters have been referred to the Guards already.”

“I’m asking what powers PAC has at the moment.”

“We can make recommendations to the Minister for Finance and it goes back to the department of Enterprise as to what should happen but it’s not specified in our powers. All we can do is refer things to whoever is the regulatory authority.”

“What power does the C & AG have to refer these matters to the Guards?”

“The C & AG is an auditor but if he comes across something that’s criminal in nature he has to report it to the Gardai.”

“So, the PAC has no power, the C & AG has no power.”

“Well, I didn’t say they have no power.”

At this point the civil servant got angry with my questioning and proceeded to give me a dressing down.

I listened politely and responded by informing him that I was not ringing him on a whim but rather as a very angry citizen looking for answers.

I repeated my assertion that the PAC and C & AG have no powers apart from referral and recommendations.

“Yes, that would be correct.”

“Have any recommendations made by the PAC ever being referred to or acted upon by the Guards?”

“I don’t know, I couldn’t say. The PAC has been examining government bodies since 1924.”

“Do you find it odd that the C & AG has already investigated FAS and made a report?”

“He has looked at a report they’ve already made (FAS?) but this needs to be done in forensic detail??

“Could I outline the broad sequence of what has happened to date?”

“An anonymous letter was sent to Mary Harney which triggered an internal investigation in FAS which triggered an investigation by the C & AG which triggered an investigation by the PAC and when the PAC completes its investigation in January it will refer back to the C & AG who will conduct yet another investigation (This is where I get facetious) who will refer back to FAS who will refer back to Mary Harney who will refer back to the anonymous letter writer thus completing the circle of madness.”

The civil servant confirmed my sequence was correct up to the point where I became facetious.

I thanked him and told him he was doing a great job in defending a failed state.

Political monkeys

Independent Senator Shane Ross was on the Mooney Show yesterday. The Senator was explaining to a very impressed Derrick Mooney how he uncovered all those dodgy activities going on at FAS. Both men discussed the matter as if such scandals were extremely rare in Ireland.

The senator was doing well until he was asked about the generous pay and pensions for politicians. I think I get about €70,000 per year and politicians do receive generous pensions even while they’re still in employment.

Is that right Mooney asked him?

Well, because I’m a politician I do have a certain sympathy… political jobs are very insecure…how do you attract good people to the Dail and Senate unless you pay them reasonably well…wisdom is very important, legislative ability is very important.

For years politicians were paid peanuts and most of them were monkeys. Now they’re among the highest paid politicians in the world and guess what – They’re still monkeys.

The 'Rubber room' republic

A SENIOR An Post manager has been awarded a bonus of €11,000 on top of his €95,000 salary, even though he only worked for 11 weeks of last year.

The manager was assigned to An Post’s ‘resource centre’ in January 2007, an area known by post office employees as the “rubber room”, where staff that are “surplus” to the company’s needs are deployed.

Politicians are sending out thousands of Christmas card to constituents they don’t even know. It’s all part of the never ending vote buying machine known as Clientism. Each member of the Oireachtas is entitled to 21,000 pre paid envelopes every year. This year, the overall cost of the facility comes to €2.3 million.

Mary Harney said that we must all pull together in the coming year in the face of savage cuts in health. The ‘we’ she speaks of does not include highly paid and well protected politicians.

Two years ago the Equality Tribunal ordered the Department of Education to pay €12,000 to two students who were discriminated against in their Leaving Certificate.

The two students, who are dyslexic, had explanatory footnotes added to their exam certificates which could have put them at a serious disadvantage when applying for jobs.

The department said it was appealing the case to get clarity on the matter. The appeal cost €8 million – I’ll just repeat that – the appeal for ‘clarity’ cost €8 million.

The Government has decided that a certain number of 12 year old girls will have to die because the country cannot afford the €10 million needed for a cervical cancer scheme.

Former Taiwanese president Chen Shui-bian and his wife have been formally charged with corruption. Political corruption has yet to be recognised as a crime in Ireland.

Mr. Chen’s son in law has been jailed for seven years for insider trading. Insider trading has yet to be recognised as a crime in Ireland.

The former chairman of the Nasdaq stock market, Bernard Madoff, has been arrested and charged with securities fraud. He could face up to 20 years in prison. Corrupt businessmen in Ireland are never arrested, never charged, never go to jail.

Marc Dreier, a prominent New York plaintiffs’ lawyer and founder of Dreier LLP, has been charged by US federal prosecutors with securities and wire fraud in a case alleging a multimillion-dollar real-estate fraud involving hedge funds. Dreier could be facing a 10 year jail term.

If Mr. Dreier lived in Ireland it’s likely his case would be ‘looked after’ by his legal colleagues in the Law Society. If he was unlucky he might receive a mild reprimand.

The essence of Irish democracy – Dead

Morning Ireland (2nd report) did a piece on the arrest of Illinois Governor Rod Blagojevich for allegedly attempting to sell Barack Obama’s vacant Senate seat.

The presenter, Cathal MacCoille (I think) expressed astonishment at Blagojevich’s sheer brass neck. The whole tone of MacCoille’s response seemed to be – How could Blagojevich think he could get away with such blatant corruption?

On Wednesday last, former Fianna Fail Councillor Michael Fahy was yet again found guilty of defrauding Galway County Council of €7,055.

Here’s a brief but truly astonishing outline of Fahy’s case.

2001/2002 – Fahy defrauded Galway County Council of €7,055. His crime didn’t come to immediate notice because the then county manager, Donal O’Donaghue, decided to deal with the matter behind closed doors. O’Donaghue has never been brought to account for his part in concealing the crime.

2004 – An FOI by the Irish Independent brought the matter out in the open and the Garda were informed.

2007 – Fahy was found guilty, sentenced to one year in jail and fined €75,000. The presiding judge described Fahy as

“An arrogant, greedy and determined fraudster”, who had “knowingly implicated” Thomas Byrne, “a totally innocent man”, leaving him open to “vilification and ruin” if the truth had not emerged.”

2007 (Sep) – Galway County Council held a meeting and decided, unanimously, to ignore the law. They all agreed to pretend that Fahy wasn’t in jail at all and further agreed to the fraudster’s request that his absence was due to “illness and his attendance in Dublin”. Fahy received his full representative pay of just over €16,600 despite spending seven months behind bars.

The law concerning Cllr. Fahy’s behaviour couldn’t be clearer.

2001 Local Government Act, Section 13.

(1) Subject to subsection (2), a person is disqualified from being elected or co-opted to, or from being a member of a local authority if he or she—

(i) fraudulent or dishonest dealings affecting a local authority.
(ii) corrupt practice.

2007 (Dec) – Fahy received a warm welcome from his fellow councillors when he attended his first meeting a week after his release from jail. At the meeting the fraudster delivered a strong speech deploring the rise in crime in recent times.

“It is just not good enough that people who are out at the shops or at Mass come home to find their houses ransacked. The people who do this sort of crime need to be caught and punished.”

His speech was greeted with enthusiastic applause. (Yes, yes, I know, but really, it’s all true)

2008 (Feb) – I’m not sure what happened next but it seems that a some point Fahy was acquitted of all charges and this prompted the DPP to re-enter the charges against the councillor.

Fianna Fail Senator Terry Leyden was very angry. This man is being persecuted for ‘doing his duty’, it’s a waste of public funds; this man has suffered enough, he should be left alone, thundered the Senator.

2008 (Dec) – Fahy was again found guilty of robbing €7,055 from Galway County Council. The presiding judge called on Fahy to ‘act with honour’ and resign adding that

“Fraud by a public representative attacks the very essence of our democracy and erodes public trust in our elected representatives,”

‘Attacks the very essence of our democracy’?

Fahy received widespread sympathy and support from local citizens and politicians and has only received minimal attention in the media.

Apart from this website and the judge, I know of no other person, organisation or official who has condemned Fahy’s behaviour.

Perhaps this is because the essence of Irish democracy has long since died.

Copy to:
Galway County Council