Hiding out in Bertie's bunker

There was a long line of angry people on Liveline (Wed/Thu) complaining about being ripped off by a company called New Look Windows. Many of the callers desperately wondered what they could do, who they could turn to for help.

Well, if they’re really optimistic they could try the National Consumer Agency. Speaking on Time Prime last March its executive chairwoman, Ann Fitzgerald said (in a Clint Eastwood, make my day punk, tone).

“We are been given huge powers and we as a board are not afraid to use them and we will use them.” “Business’ who treat consumers unfairly will be brought to court.”

I say optimistically, because when the NCA was faced with its first challenge, the Barbra Streisand concert debacle, it promptly handed over investigation of the disaster to the organisers of the concert, to investigate themselves.

So where is the NCA when these desperate Liveline callers need help? Probably snowed under reading those promised weekly reports from the Streisand investigation committee or perhaps they’re hiding out in that reinforced bombproof bunker with Bertie.

Simple question, straight and courteous answer

I rang the Office of the Director of Corporate Enforcement (ODCE) yesterday to enquire if they intended taking action against Jim Flavin for insider trading in the Fyffes case.

I was expecting a standard response when dealing with a government agency, either a curt statement that such matters were secret or the beginning of a run around that would last months.

Instead I spoke to a courteous and professional woman who took my number and assured me that somebody would ring back in the afternoon.

I was even more surprised when Paul Appleby, the director of ODCE, rang back and in a friendly and helpful manner informed me that they were examining the High Court and Supreme Court decisions before deciding what action to take and therefore couldn’t make any further comment at this stage.

A simple question that received a straight and courteous answer – Impressive.

Liars, cowards and double talkers

Writing about the Shannon controversy in yesterday’s Irish Times (Sub required)Fintan O’Toole noted that Irish voters still haven’t grasped the fundamental point that you get what you vote for. Voters in the broad Midwest region gave Fianna Fail a clear endorsement in the last election in the belief that Shannon would be protected.

He expressed astonishment that Irish voters still actually believe the utterances of Irish politicians like that of Martin Cullen in May 2005.

“In the context of any decision to reduce State ownership in Aer Lingus, all the options available within the regulatory framework will be examined to ensure adequate ongoing access to Heathrow for Irish consumers”.

Cowardice is another trait common to Irish politicians but, amazingly, many Irish voters are shocked that the leader of the country has run away and refuses to deal with the crisis.

Double talk and dishonesty are also features of the Irish political scene. A letter in today’s Irish Times makes the point.

Madam, – So Willie O’Dea thinks that the Aer Lingus decision to axe the Shannon-Heathrow route is “wrong”.
Apparently, he is willing to attempt to persuade the company to change its mind, in direct contradiction to the position of the Taoiseach and the Minister for Transport.
So is this a genuine matter of conviction for Mr. O’Dea, or is it just an opportunity for some cheap publicity?
The last occasion on which Mr. O’Dea stood up against his own government was in 2000 during the introduction of taxi deregulation.
In Limerick, Mr. O’Dea told a meeting of local taxi drivers that the policy was “disastrous and unworkable”, that they should continue protesting against the move, suggesting that the decision could be reversed if enough pressure was exerted.
Two weeks later in Dublin, however, he made a pathetic and grovelling apology to his government colleagues “for any embarrassment caused” and said: “I fully support government policy on deregulation”.
Mr. O’Dea added that if he had known that his speech to Limerick taxi drivers was being recorded, he would not have said what he did.
Madam, one wonders if Mr. O’Dea realised his recent comments on Aer Lingus were being recorded!
The Taoiseach said in the wake of the taxi deregulation saga: “I will not tolerate views that are contrary to the collective responsibility of government.”
So will Mr. O’Dea now be dismissed from the Government by the Taoiseach, since he is now once again in complete public disagreement with Government policy?
And when the Dáil resumes in September, will Mr. O’Dea put his money where his mouth is and vote against the Government in protest at its inaction on the Shannon issue; or will he settle back nicely into his departmental leather chair once the silly season ends, finding himself, once again, in full agreement with Government policy?
No prizes for guessing. – Yours, etc,
BARRY WALSH,
Brooklawn,
Clontarf,
Dublin.

For decades, Irish citizens have been voting for liars, cowards and double talkers. The surprising thing is that they continue to be surprised when those they elect then betray them.

Best paid, least accountable

On 18th April last, I phoned Dublin City Council to ask a simple question.

Was Minister for State, Pat the Cope Gallagher, fined for illegally erecting a number of posters around Dublin?

104 days later, on 30th July, I was finally informed in a letter from Dublin City Council that Gallagher was not fined.

Over those 104 days I made numerous phone calls, sent emails, wrote letters, made official complaints and generally made myself known to Dublin City Council Waste Management staff.

Here’s the letter followed by my comments

Dear Mr. Sheridan,

I refer to your letter of 23/04/07 and apologise for the delay in replying, which was due to an oversight.

On 15/04/2007 Dublin City Council staff removed posters carrying the name, “Pat the Cope Gallagher” which had been erected on it’s (sic) property, (public lighting poles). Subject to stringent conditions, Dublin City Council occasionally gives permission for the erection of posters on it’s (sic) property, but no application was received in respect of these posters. They were removed for disposal but Mr. Gallagher claimed not to have known of Dublin City Council’s policy and the posters were returned on the understanding that there would be no further breach of that policy. In the circumstances no further action was taken.

Where fines are issued under the Litter Pollution Act 1997, Dublin City Council will disclose general details, but not personal information, pending possible prosecution and court hearing. This is in line with the principle of presumed innocence until proven guilty. In this instance no fine was issued and details of discussions held with Mr. Gallagher were regarded as confidential and not disclosed. This policy applies equally across the board.

Mr. Cronin requested that you put your various questions in writing. This was to enable a reasoned and accurate reply to the issue, which he felt he wasn’t in a position to do in a phone conversation. In the circumstances the request was reasonable.

Again I would like to apologise for the delay in replying to your queries, but if there are any issues you would like to discuss further please contact me as above.

Yours faithfully

Niall O’Keeffe
A/Senior Executive Officer

I had regular and robust conversations with Dublin City Council staff on the matter so I don’t believe that the delay was due to an oversight. These so called public servants treated me as I believe they treat most other citizens.

First, a paternalistic attitude was adopted assuring me that the matter was dealt with and not to worry. When I insisted on an answer a more aggressive attitude developed and I was, in effect, told that it was none of my business. When this failed to work I was referred to a more senior staff member.

This public servant was at first outraged at the very idea that an ordinary citizen (peasant) had the temerity to challenge government officials. When I raised the question of regulations/duties/obligations I was angrily told to put my question in writing.

I did, by registered post and addressed personally to this particular public servant. The final contemptuous strategy was then adopted. Despite a clear request for an acknowledgement my letter was completely ignored.

It was, I believe, only after these people learned that I had made an official complaint to the Ombudsman about their behaviour that I finally received an answer to my simple question.

Arrogance, contempt, ignorance, paternalism, secrecy, dishonesty, incompetence – All this from the best paid but least accountable public service in Europe.

Feck off

It’s interesting to compare the different responses to water shortages in Galway and
Gloucestershire.

In the UK, where the water shortage was caused by natural events, citizens have been supplied with free bottled water backed up with bulk water tankers.

In Galway, where the water shortage was caused by political incompetence, citizens have to pay for their bottled water and when they demanded bulk water tankers, the politicians told them to feck off – and they did.

Words and echo's

Bribery, graft, embezzlement, fraud, corruption, scandal, property boom, elites, property developers, corruption networks, planning, rubber stamps, backhanders, illegal building permits, cronies, bribes, mafia, money laundering, tax evasion, dirty money, property boom, sleaze

All words that have become part of the Irish way of doing things.

Judge, charged, prosecutions, jail, trail, investigation, arrest, police, seized

All words yet to become part of the Irish way of doing things.

All the words are from a report in today’s Irish Times on how a Spanish judge is cracking down on crime by the elite in society.

It is worth reading the entire article to hear the echo’s from Ireland. My favourite echo is a suspect €45,000 in cash seized by police but claimed by its possessor to be for daily household expenses.

Former Marbella mayors on fraud charges

Wed, Jul 25, 2007

A Spanish judge yesterday charged two former mayors of Marbella and 20 former town councillors with bribery, graft, embezzlement and fraud in connection with a corruption scandal linked to Spain’s property boom.
Eighty-six members of the Marbella elite, including lawyers, property developers and politicians, face prosecution.
The ringleader, according to Miguel Ángel Torres, a young judge in charge of the investigation, was Juan Antonio Roca, right-hand man of Jesús Gil, a notorious property developer, football club owner and mayor of Marbella, who ruled over the resort like a mafia boss between 1991 and 2002.
When Gil died in 2004, Mr. Roca became the “epicentre of a vast corruption network”, according to Mr. Torres’s report.
Mr. Roca, a former town planning commissioner, allegedly took backhanders from builders and bribed Marbella town councillors to rubber-stamp property developments, many in urban green zones.
Prosecutors estimate that more than one million illegal building permits were handled by Mr. Roca and his cronies. “Marbella’s town councillors were on Mr. Roca’s payroll. They were rewarded for their loyalty and subordination, rather than for each building licence they issued,” Mr. Torres wrote.
Mr. Roca paid for a facelift for Marisol Yagüe, a former mayor of Marbella now in jail awaiting trial. He also paid her €1.3 million in bribes and bought a flat for her son in Madrid, according to the judge’s report.
The judge, who is 36 and made his mark with Operation White Whale, a big money-laundering investigation in Málaga in 2005, spares no one in his latest investigation, codenamed Operation Malaya.
The judge let it be known he was preparing charges against more of Marbella’s beautiful people, including actor and singer Isabel Pantoja.
She was arrested briefly this year and is being investigated for suspected tax evasion and laundering money for her former boyfriend, Julián Muñóz, another Marbella mayor who has been jailed by Mr. Torres on corruption charges.
In January, police seized more than €45,000 in cash from Pantoja’s home, much of it in dollars and €500 notes. Pantoja denies handling any dirty money, saying the cash was for daily household expenses. She claimed she had been duped by her former boyfriend.
Mr. Torres’s year-long inquiry has given Spaniards a glimpse into the lives of those who have grown immensely rich from the country’s long property boom. Police seized thoroughbred horses, artworks and luxury cars from Mr. Roca’s home. In all, more than €2.4 billion in cash and assets has been seized.
The inquiry has also made the palm-lined city of Marbella a byword for corruption and sleaze. The city famous for its yacht harbour has been governed by a caretaker committee since most of the city council was arrested last year.
© 2007 Financial Times

Telling letters

Two telling letters in today’s Irish Times on the plan to force registration of all ‘pay as you go’ mobile phones.

Madam, – The Government’s plan to require registration of pay-as-you-go mobile phones is doomed to failure. The majority of pre-pay customers are teenagers and young adults who live at home or in rented accommodation and pay no utility bills in their own name. If the Government requires “proof of address” to register, either this group will be prevented from obtaining phones (and will the multi-billion-euro telecoms industry allow this?) or the standard of proof will be set so low as to be meaningless. The biggest beneficiary of this plan will be criminals, who will swiftly set up a black market in second-hand and unregistered phones. – Yours, etc,
MARK SUGRUE,
Drumcondra,
Dublin 9.

Madam, – What excellent logic the Government displays by planning to order all us innocent citizens to register pay-as-you-go mobile phones, just in case criminals might, some day, use the same for nefarious purposes. I trust all TDs and senators will now immediately register any pay-as-you-go lawyers, bankers, accountants, lobbyists and developer friends to aid the never-ending fight against political corruption. – Is mise,
JAMES HYDE,
Ballinadine,
Lismore,
Co Waterford.

Unworkable and dangerous legislation

Minister of State responsible for drugs strategy, Pat Carey, has decided not to backdate the registration of ‘pay as you go’ mobile phones. (Irish Times, sub required)

Of course, he couldn’t have decided otherwise unless he was prepared to force millions of citizens to report to their local police station and provide all the details.

The truth is that this proposed legislation is unworkable and dangerous.

For example, any citizen ‘caught’ with an unregistered phone will come under immediate suspicion of being a law breaker.

If they refuse to explain where they got the phone a policeman or judge can, in law, make certain assumptions about that person in light of the recent watering down of that hitherto pillar of democratic freedom – the right of silence.

Yet another threat to civil liberties

The Government is planning to introduce a register of all mobile phones to clamp down on drug dealing and criminal activity.

The Minister of State with special responsibility for Drugs Strategy, Pat Carey said this new legislation would be used by the Gardai to monitor all citizens who own a mobile phone, which is practically every adult in the country.

In a very soft interview on RTE today,(2nd item) the Minister outlined his plans for the new measure. At no time was he challenged on the potentially serious consequences for the civil liberties of ordinary law abiding citizens.

Here are a few suggestions for any hardened drug dealer looking for ways to circumvent this proposed law.

Mug the nearest person to you and use his phone.

Buy a phone using a false name/id.

Ask/pay/threaten somebody to buy a phone for you. They can simply claim that it was mislaid or robbed.

Buy a phone in any other European country where such draconian laws are immediately rejected out of respect for civil liberties.

Give up the dangerous activity of drug dealing and set up a lucrative trade supplying ‘clean’ phones to the criminal underworld.

The bottom line is that this latest draconian legislation will be practically useless in the fight against crime.

It will, however, provide the State, along with the already operational power to store and access mobile and fixed-line data and the recent watering down of the right to silence, with even greater power and control over the lives of ordinary citizens.

Well done John Gormley and Greens

The Greens have made their first significant impact (3rd item) on the way things have been traditionally done in this country. John Gormley, Minister for the Environment has overturned hundreds of land re-zonings made by Monaghan County Council.

Traditionally, county councils ignore development plans, disregard advice from the Department of the Environment and local officials and proceed to grant planning, as Minister Gormley describes it, in a sporadic and haphazard fashion. Reasons for such curious planning decisions often come to light in tribunal’s decades hence – too late to rectify the damage.

I have to admit it’s difficult to get used to an Irish politician acting in the public interest. Actually using legislation, Section 31 of the 2000 Planning Act, to

“protect the national interest and ensure proper planning and sustainable development.”

Destructive and irresponsible planning has been part our culture for decades. Yet I have never heard of a minister using this power, indeed, I didn’t know such powers existed as County Councils usually do as they please without censure.

Planning decisions, as everybody knows, can make ‘lucky’ individuals very rich overnight. This happens when agricultural land is rezoned for residential use; the Monaghan case involved around 300 such re-zonings.

Unfortunately, such re-zonings can also add considerably to the cost of buying a house so the explanation of Monaghan County Councillor, Padraig McNally is curious to say the least.

“We are conscious that we did, to some degree, over-zone. But we did it in the knowledge that it would bring down the price of land and maybe have a knock on effect on the price of houses which is obviously the greatest problem that society, as a whole, has to deal with in terms of housing.”