Irish civil servants – Always an experience

I rang the Passport Office this morning with a number of questions regarding the report on the special passport facility for Oireachtas members.

The person I’ve dealt with over the last number of months was on holiday so I was put onto Nora who knows absolutely nothing about the case or the review report.

I asked to speak to the civil servant who emailed me the report on Friday and was told she’s ‘somewhere in Dublin’ but they would get her to ring me back.

It’s always an experience talking to Irish civil servants.

Shock -Tammany Hall passport scheme to be retained

At last the review of the special passport facility for politicians has been completed. The Passport Office was good enough to email me the report last Friday. It comes as no great shock to read that the committee has recommended that the facility be retained.

“The Committee recommends that the special facility for passport applications forwarded by Members of the Oireachtas should be retained.”

Every member of the Oireachtas was asked for their views on the matter; sixty two written replies were received. Again, it comes as no great shock that all those who replied were in favour of retaining the facility – Turkey’s do not vote for Christmas.

Now that the politicians have decided to retain their Tammany Hall scheme Public Inquiry will be working to have the facility fully publicised, including a mention on the Passport Office website, so that all members of the public can equally avail of this service provided by their public representatives.

The report is short so I have reproduced it in full below.

Report on the Review of the Special Passport Facility for Oireachtas Members

Background

1. In response to a series of Parliamentary Questions earlier this year, regarding the existing provision of a special passport facility for Members of the Oireachtas, the then Minister for Foreign Affairs, Mr. Dermot Ahern, TD, indicated that he had asked the Secretary General of his Department, Mr. Dermot Gallagher, to review all aspects of the arrangement, including whether it should be continued.

2. The Minister also indicated that the views of Members of the Oireachtas should be sought on the issue during the course of the review.

The Present System

3. The Department of Foreign Affairs has always over the years sought to be of assistance to Members of the Oireachtas, given their role as elected representatives, in relation to facilitating passport applications. This assistance was put on a more structured basis in the mid 1990s, with the introduction of a special facility in Leinster House allowing for applications to be forwarded through TDs’ and Senators’ offices.

4. Under this system, passport applications are collected in Leinster House by a Service Officer from the Department. The applications are then processed by a small unit of the Passport Office in Molesworth Street. Completed passports are returned to Leinster House by the Departmental Service Officer, or on occasion they may be posted directly to the applicant, if so requested.

5. The applications are examined for entitlement in precisely the same manner as all other applications. They are also subject to exactly the same fees, including the payment of an additional fee where a passport is required within 48 hours. Likewise, proof of travel is required for applications routed through the special facility where the passport is requested for issue in less than 5 days.

6. Precise levels of usage of the passport facility prior to 2008 are difficult to provide. The primary focus of the unit processing these applications was, understandably, on ensuring the entitlement of applicants to passports. Details of submitting Members and/or their Offices were at the time a secondary consideration. The unit retained manual records of applications received, primarily to permit follow-up in the event of any queries. However, the content of these records is rather poor, with the applications often recorded under the names of contact points in Members’ offices.

7. Under a revised system introduced on 18 February 2008, details of all applications received through the facility are recorded electronically. This permits a more precise monitoring of usage of the facility. An analysis of our records show that in a four month period from February to June 2008, applications routed though the facility accounted for less than one per cent of all applications.

8. In addition to the applications which are forwarded by TDs and Senators, the unit processes applications forwarded by some offices of the Health Service Executive. The majority of these applications concern children in care. Included at times over the years also have been applications from the Health Boards, An Garda Síochána, the Defence Forces, and NGOs working in developing countries.

Review Process

9. In pursuit of the mandate given to him, Secretary General Gallagher established a Departmental Committee consisting of officials with particular knowledge and experience in the passport area and good administrative practice. A list of the Committee members is at Appendix 1.

10. At the beginning of the process, Minister Ahern had written to all Members of the Oireachtas seeking their views on the issue and inviting them to respond directly to the Committee. Sixty two written replies were received, all of which were in favour of retaining the facility.

11. In addition, the former Minister had written to the Leaders of political parties in the Oireachtas inviting them to nominate a contact person or persons to discuss the issue with a sub-group of the Committee. The Leaders of Fianna Fáil, Fine Gael and the Labour Party responded and nominated representatives. At subsequent (separate) discussions, the representatives of the three Leaders conveyed a clear desire for the continuation of the facility.

12. The Committee also sought to ascertain if analogous facilities were provided for Parliamentarians in some other countries. As a result, the Committee ascertained that, in Britain for example, the Passport Service provides a dedicated MP hotline number, which MPs can use to contact the passport office on behalf of constituents with immediate passport problems, or to request priority appointments if they themselves are travelling on parliamentary business. In Washington, the Committee ascertained that there is a Special Issuance Agency, which is a separate office within the passport system, whose mandate is to serve the travel needs of officials, including expediting the issuing of passports.

Overview and Recommendation

13. In the experience of the Department, requests to elected representatives usually arise because a passport is required at short notice or because an applicant has encountered some difficulty with the application process. The Department, as said, has always sought to be of assistance to Members in this regard.

14. From an operational perspective, the Department believes that it is more efficient for such applications and queries to be routed through a special facility and a specific unit. This ensures a prompt response and avoids any disruption to the processing of applications by other sections of the Passport Office. It ensures also that the need for formal political representations, including parliamentary questions, on individual applications is all but eliminated, thereby saving on the time of staff.

15. From the Department, the Passport Office and Oireachtas Members’ viewpoints, the system is clearly working efficiently and satisfactorily, and the Committee attaches particular importance to this.

16. Inevitably, cases arise where a citizen requires a passport urgently or needs assistance with his or her application. The Passport Office staff is very pleased to assist such applicants. Some applicants will however, as is their right, seek assistance from their elected representatives and it is appropriate that, within agreed parameters, there is provision for dealing with such requests. Channelling requests and applications through a specific unit ensures that they can be processed quickly and efficiently and avoids any disruption to the passport service generally. As stated above, all applications are also subject to the same rigorous process of assessment for entitlement and accuracy.

17. While accepting that the present system was working satisfactory, the Committee were of the view that an additional requirement should be introduced which would see the Oireachtas Member, or a designated member of his/her staff, certifying the need for an application to be routed through the special facility. The Committee would envisage this being implemented through the completion of a short form which would accompany each application. The envisaged form is attached at Appendix 2. This process would also facilitate the keeping of records by the Passport Office, both in terms of follow-up to queries and in compiling and tracking levels of usage.

18. The Committee would wish to note that both the Oireachtas Members who responded to it, and also the representatives of those Party Leaders who met the Sub-Committee, were supportive of this additional measure. On this basis, and in the light of the Department’s respect for the role of Oireachtas Members, and the fact that the system to date has been operating efficiently and to the satisfaction of all involved, the Committee recommends that the special facility for passport applications forwarded by Members of the Oireachtas should be retained, with the introduction of the certificate mentioned in paragraph 17.

16 July 2008

Politicians, journalists, expensive wines and objectivity

Recently, Irish Independent journalist Liam Collins had dinner with former Taoiseach Albert Reynolds at the luxurious, five stars, Four Seasons Hotel in Dublin 4.

Collins expressed shock at how expensive the wine was but Reynolds with a (royal?) wave of his hand replied.

“Don’t mind that, I haven’t bought you a drink in a long time, just pick something you like.”

Collins doesn’t say if his friend Albert also paid for the meal but I think it’s a safe bet that he did.

Given Collins’ close and rewarding friendship with Reynolds it was no surprise that the journalist went on to lavish praise on the former Taoiseach while severely castigating those who would dare question his hero’s honesty and integrity.

According to Collins the Mahon Tribunal is nothing better than a long-winded Star Chamber, an expensive charade, a sad blood sport for those with nothing better to do.

And those who still show interest in the tribunal are nothing but a “gaggle of old age pensioners with nothing better to do with their lives and a few anoraks’ from RTE.

It really is disturbing to witness large sections of the Irish media progressively lose their objectivity as a result of their very close friendships with politicians and in particular with politicians who would see such cosy relationships as a distinct advantage when they are under pressure to answer very serious questions.

Copy to:
Liam Collins

A true reflection

Letter in today’s Irish Times

Robbery, bribery and delays

Madam, – In your travel supplement of August 2nd, Manchan Magan exhorts us all to travel to the Congo with him. “We will probably be robbed,” he writes, “and it’s inevitable that we will be asked for bribes and will have to face significant delays.

Sure we can stay in Dublin and experience the very same without the added expense of a flight to Africa.

Yours etc,

BRIAN FOLEY,
Poddle Park, Kimmage, Dublin 12.

Mulcahy's silly nuclear button

I know only two things about Nick Mulcahy. He is the editor of the Irish business magazine Business Plus and he knows very little about corporate fraud.

I gleaned these facts after reading an article in the Irish Independent by Mulcahy in which he analyses the latest developments in the DCC/Fyffes case.

According to Mulcahy, ODCEpressed the nuclear button’ when they asked the High Court to appoint an inspector to investigate DCC/Fyffes over allegations of insider trading.

Pressing the nuclear button or taking the nuclear option means taking an action of last resort. In other words, only taking the most serious action after all other avenues have been exhausted.

So what action did so called Irish regulatory/enforcement authorities take in relation to the €83 million fraud perpetuated by Jim Flavin of DCC before being forced to press the nuclear button?

Initially, not a damn thing. When it became obvious that something very strange had occurred on the Irish Stock Exchange (ISE) regarding DCC/Fyffes shares not a single Irish authority acted.

It was only when the London Stock Exchange, a regulatory agency operating from a functional jurisdiction, insisted that an investigation be carried out that the ISE finally took action.

The manner in which the ISE investigation was conducted has itself raised very serious questions regarding ethical and possibly illegal interactions between the ISE, DCC and the DPP. In the best traditions of ignoring suspected wrongdoing in Ireland, this aspect of the scandal has been practically ignored to date.

After the (suspect) ISE investigation was completed, again, nothing happened. The ISE, Irish police, Financial Regulator and the Government simply buried their collective heads in the sand.

It was only when Fyffes, fearing possible financial consequences if it failed to protect the interests of its shareholders, was forced to take a civil action against DCC that the case became active again.

It is entirely from this civil case and the publicity that it generated that the ODCE, possibly the weakest financial regulatory agency in the State, was embarrassed into taking action.

If the ODCE action is successful, and that is highly unlikely, and if it decides to punish DCC/Jim Flavin for any wrongdoing then that punishment will represent the absolute minimum action that the State can take in the case.

ODCE boss, Paul Appleby, knew that he hadn’t a hope in hell of a successful action if he was depending on his miniscule legislative power and resources. That’s why he scuttled over to the High Court and the Supreme Court when they were adjudicating on DCC/Fyffes, to make a pathetic plea to these courts to use their considerable powers to act against DCC/Flavin. His pleas were rejected out of hand.

As a last resort (and there’s certainly nothing nuclear about the effort) Appleby made a formal application to the High Court for the appointment of an inspector. The only advantage Appleby and ODCE will enjoy from this appointment is that their meagre resources will not be totally obliterated as they would have been if they were forced to take the action themselves.

So, what happens now? Well, the farce continues. The High Court inspector will take years to complete his investigation (The NIB investigation took six years).

ODCE then have the option of seeking to have those involved in the scandal disqualified from involvement in the management of a company (This is the absolute minimum punishment available to the State). This action will also take years (ODCE has only just completed action against those in the NIB scandal after years of legal wrangling).

By that time Jim Flavin and many others involved will have retired (and may even have died) and the whole matter will be seen as historical. It is an absolute certainty that those involved in the scandal will never be subject to a police investigation, will never be brought before a court to give an account of their actions, will never see the inside of a prison.

The Supreme Court found that Jim Flavin of DCC had engaged in insider trading involving sums of over €83 million. If the same finding was made in a functional democracy strong, immediate and effective action would have been taken by the police and all associated state enforcement/regulatory agencies.

If we are to judge by a recent and very similar insider trading case in the US, Flavin would now be serving a lengthy jail sentence, he would have been forced to repay his ill gotten gains; he would have had his substantial wealth seriously reduced by the imposition of hefty fines and forfeits.

Nick Mulcahy’s amateurish and naïve analysis of this case is an important factor in how white collar crime is dealt with in this country. Government and so called regulatory agencies will continue to ignore allegations of serious fraud until they are brought under strong pressure by well informed and persistent journalists.

Mulcahy’s silly ‘nuclear button’ conclusion is an indication of just how far away we are from that ideal situation.

Copy to:
Business Plus
ODCE
Financial Regulator
DCC

Reynolds – Haughey fellow traveller?

For many years the cowardly and corrupt Haughey hid behind sick notes from his doctors to avoid making himself accountable before the tribunals.

Invariably, soon after every ‘health crisis’ we would see photographs of Haughey cruising in the Mediterranean or supping champagne at one function or another. Albert Reynolds, if seems, has adopted the same strategy.

It has been reported that Reynolds is unable to answer tribunal questions due to a ‘significant cognitive impairment’. This condition, among other things, involves memory loss. On that basis it is safe to say that practically every politician and businessman appearing before the tribunals is suffering from severe cognitive impairment.

It may be that Reynolds is genuinely unable to give evidence due to health problems but when I see pictures of him accepting the freedom of Cork and living it up at the Galway races I have only one thought – Haughey fellow traveler.

DCC/Fyffes scandal – RTE still ignoring the story

Last Tuesday afternoon the High Court appointed an inspector to investigate the issues and circumstances surrounding the DCC/Fyffes scandal.

RTE made a very short report on the development on its Six One News (10th report) the same evening. There was no background information, no interviews with DCC/Fyffes officials, no interviews with state regulatory agencies, no in depth reporting of any kind. The development was not carried on RTEs Nine News and to my knowledge no other programme reported on the development.

In other words, RTE are continuing with their virtual news blackout on this very serious and important story. My question is simple – Why?

Copy to: RTE News

Tammany Hall passports – The next phase of the farce

I spoke again with my contact in the Passports Office regarding the Tammany Hall passport scheme operated by politicians for the benefit of favoured constituents.

The review has been going on now since last February and should have been published earlier this month. Alas, something always seems to crop up just when publication is near.

On this occasion the Dept. Secretary General is out of the country and the other seven committee members are powerless to act until he returns tomorrow. If the committee, in their wisdom, decide that the review is ready they will sign off on the document and forward it to the Minister for Foreign Affairs for his consideration.

We will then be into the next phase of the farce – Trying to get an answer from the Minister.

Son – Not like father

TDs are on a basic salary of about €100,000. This sum can be almost doubled when expenses and allowances are taken into account. Most expenses are unvouched, in other words, it’s assumed that politicians will not rob the taxpayer. And, of course, most allowances are tax free.

In addition, most Fianna Fail TDs and many from other parties are all on nice little earners chairing committees, sub committees and whatever you’re having yourself. Committee chairpersons get €19,535, vice chairpersons €9,700 and sub committees chairpersons €6,200.

Only a misinformed fool would claim that our politicians are badly paid but on the Marian Finucane Show last Sunday Billy Keane made just such a claim. Here’s what he had to say.

“The decision that they wouldn’t take the pay rises was a crazy one, they should have taken the pay rises because if you look at the head of the bank of Ireland he’s going to get about 20 times a year what the Taoiseach is getting who’s running the biggest company in Ireland – Ireland Inc.

You (addressing Fianna Fail TD Peter Power who was on the panel) should have taken your pay rises and be men and woman enough to stand up and say we’re worth it that in the future if the politicians are properly paid they won’t be in the kind of financial trouble that Bertie found himself in when he was separated.

I have a lot of sympathy for him but he got himself into a mess, he was short of money because he was being paid peanuts and you know the old saying if you pay peanuts you’ll get monkeys and I think they should have had the courage of their convictions and say we’re worth it, we work very long hours, they have to work around the clock.”

Even Peter Power laughed at Keane’s obvious ignorance regarding pay rates for TDs.

To my knowledge Keane is son of the late lamented John B; a man of genius who, I’m sure, would be deeply embarrassed to hear such misinformed nonsense.