Author: Anthony

Who lives in Alice in Wonderland?

On Monday April 23rd 2007 it was reported in the Irish Independent that Minister of State, Pat the Cope Gallagher had mounted posters on poles on routes out of his Donegal South West constituency. It was also reported in the same newspaper that Gallagher had not checked whether he was in any breach of regulations.

I can confirm that Gallagher did know he was breaking the law because a number of days earlier he had erected similar posters in Dublin and was informed by a staff member of Dublin City Council that his actions were illegal.

After many telephone calls, emails, false trails and blank walls, I submitted an official complaint to Donegal County Council against Gallagher on the 23rd May.

After many telephone calls, emails, false trails and blank walls, I finally received a response to my complaint in the post today. I quote:

Dear Mr. Sheridan,

I refer to your letter of 23rd May 2007. Firstly let me apologise for the delay in replying. The Council is not aware of any signs erected by or on behalf of Mr. Gallagher as referred to in your letter. We did not receive any reports or complaints in respect of such signs. Therefore, the Council had no cause to carry out an investigation into the matter or to take any enforcement action against Mr. Gallagher. I trust this clarifies the matter.

The letter was signed by Liam McCarron, Director Water, Environment and Emergency.

“We did not receive any reports or complaints in respect of such signs”?

It’s possible, but highly unlikely, that the publicity surrounding Gallagher’s activities was completely missed by the entire staff and membership of Donegal County Council.

It is, however, an absolute certainty that the council did receive a complaint. The very letter that Mr. McCarron is replying to is an official letter of complaint from me of which the opening sentence is:

“Subsequent to several phone calls and on the advice of Donegal County Council staff I hereby submit this official complaint regarding a breach of the Litter Pollution Act, 1997.”

So, Mr. McCarron looked at my official letter of complaint against Gallagher, then sat down and wrote back to me saying that because Donegal County Council had received no complaint about Gallagher, it had no cause to investigate the matter.

The phrase ‘Alice in Wonderland’ keeps popping into my mind. In fact, I’m beginning to wonder, perhaps I live in Wonderland where the silly inhabitants labour under the amazing idea that litter laws are enacted to protect the environment and enforcement agencies are actually expected to er..enforce.

(Un)rattled cages

The very serious problems that arose at the Barbra Streisand concert last Saturday night were, according to the promoters MCD, caused by the weather, traffic and the fans themselves. No blame whatsoever, it would seem, lies with MCD.

Consumers, many of whom paid up to €500 for a seat, think otherwise. They believe they have been ripped off big time by the debacle.

Initially, MCD just ignored all the complaints but as consumer anger turned up the heat MCD opted for the ultimate cop out, they formed a committee.

Led by former Garda commissioner Pat Byrne, this committee is expected to deal with the issue ‘effectively and efficiently’ and report – next September – when the heat is off.

Dermot Jewell of the Consumers Association said this committee will take so long it is a further insult to fans (Irish Independent).

But there is an even more serious question here. Why is MCD allowed to set up its own committee to investigate complaints against itself? Where is the National Consumer Agency?

Last March the NCA was given wide ranging powers, with real teeth to go after the bad guys, investigate suspected offences and refer cases to the DPP (Prime Time). Speaking on the same Prime Time programme, the NCAs executive chairwoman, Ann Fitzgerald pulled no punches in her determination to protect the consumer.

“Now there is a recognition that the consumers time has come.” 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.”

In the Irish Times (Sub. required) she is quoted as saying “We’re direct and we’re prepared to rattle cages.”

Sadly, like the Financial Regulator, the Financial Ombudsman and the multitude of other so called regulatory/enforcement agencies in Ireland, the NCA is totally ineffective when it comes to protecting consumers interests.

Unlike the Consumers Association who rightly see this self appointed committee as an insult to consumers the NCA has actually welcomed its formation and are happy with a mere once a week update on its progress.

In a further abdication of its duty to protect consumers the NCA has advised complainants to contact MCD first before (bothering) NCA.

“Consumers time has come?” “Rogue businesses brought to court?” Cages rattled? – I don’t think so.

Sham Seanad elections

There was no surprise recently when it was revealed that political parties having been breaking the law for years by manipulating Seanad elections.

The same lack of surprise can be expected at a report in today’s Irish Examiner that hotelier Luke Moriarty has written to several councillors and TDs, on Fianna Fail headed paper, offering to buy their votes.

Luke ‘Ming’ Flanagan, a Roscommon councillor, said he was shocked at this brazen attempt to buy his vote.

“All it has done is copper-fasten my opinion that this whole election campaign is a sham and costing a fortune and I don’t see how we are going to get better policy out of it.”

AIB: Still ripping off customers with impunity

Once again AIB has been ripping off its customers, (sub required) this time the victims are elderly and disabled customers.

In July 2000 AIB ‘overcharged’ 43,000 elderly and disabled customers by about €93 each. The total amounted to €4 million.

Age Action Ireland said it was concerned that pensioners were the latest group to have suffered as a result of the bank’s overcharging mistakes.

A spokeswoman for the Financial Regulator said it was deeply disappointed at the news but could do nothing as the ‘overcharging’ predates the legislation giving it power to fine for ‘overcharging’.

A spokeswoman for AIB said the bank had put procedures in place to prevent such ‘mistakes’ in the future.

Comment:

AIB ripped off its customers again and was found out, repaid the money and said it had put procedures in place to make sure it never happened again. This is what AIB does every time it rips off its customers.

The latest victims expressed concern that so many people are ripped off by this particular bank. Customer concern is always ignored by the offending financial institution, the Financial Regulator and the State.

The Financial Regulator said it was deeply disappointed but there was nothing it could do. The Financial Regulator has never taken any effective action against any rogue financial institution since it was established in 2003. None of its predecessors, going back to the establishment of the state in 1922, has ever taken any effective action against rogue financial institutions.

Financial institutions operate in the Republic of Ireland in supreme (and justified) confidence that they have nothing to fear from an ineffective and weak financial regulator.

Man of steel turns to straw

When Joe Meade was the Data Protection Commissioner he repeatedly threatened the Government with High Court action for using an ‘invalid’ ministerial direction to unconstitutionally store citizens’ phone, fax and mobile call data for three years.

Somehow, Joe never got around to actually taking the State to court. Eventually the Government gave him the job of Financial Services Ombudsman.

In his new job, Joe retained his macho image. He was described as a man of steel, a man to be feared, a man who wouldn’t allow anybody tell him how to run his show (Irish Times, 8th April 2005).

In one report he’s quoted as saying,

“I intend to name and shame institutions which don’t co-operate with my office on serious issues, particularly where they relate to customer complaints which should have been rectified by the institution before coming to my attention.”

Unfortunately, Joe talks the talk but doesn’t walk the walk when it comes to protecting the interests of consumers. He steadfastly refuses to name the rogues, chancers and fraudsters who operate with virtual impunity in the Irish financial sector and so exposes consumers to potentially serious financial loss.

Here are some of the excuses and contradictions that Joe has made in recent years regarding the naming and shaming of these ruthless chancers.

Irish Times, 8th April 2005.

It’s not my intention to shame anybody.

Irish Times, 17th May 2005.

Considers naming organisations in his annual report as an important part of his function.

RTE 16TH January 2007 (2nd item). Asked to name a particular institution that had taken advantage of an old lady

In due course I may name that institution…the main thing is that compensation has been awarded…I work at the moment on a very non legal basis…If I name every complainant or every institution I may not get the same cooperation…I’ve referred the matter to the Financial Regulator.

Irish Times, 9th February 2006. Joe was planning to name a building society for over charging a customer but decided against it when the society said it was prepared to legally challenge the matter. He referred the matter to the Financial Regulator.

Irish Independent, 30th January 2007.

A spokesperson defended Joe’s secrecy policy.

“He has concerns about naming institutions alone as complainants may also have to be named in line with natural justice. This could deter complainants from coming forward with legitimate complaints”

Probably realising that this statement was a gross insult to the intelligence of consumers the spokesperson descended into (more comfortable) bureaucratic speak.

“His over-riding concern as ombudsman is to ensure that the integrity of the Financial Services Ombudsman scheme is manifest to everyone, be it a complainant, a financial service provider, the Financial Regulator, the international financial community, the media, the general public or our legislators.”

RTE News at One, 3rd July 2007 (2nd item).

On being asked why he doesn’t name names.

I’m constantly reviewing this area…I want to have legal protection where I name…complainants might be put off…I refer cases to the Financial Regulator.

There are two principal themes running through Joe’s excuses. Firstly, he keeps suggesting that if he only had the legal power he would protect the consumer but the facts completely contradict his pleas of powerlessness.

On the 8th April 2005 we are told that he has power of entry and seizure, that the High Court is the only external party that can overturn his decisions.

On 17th May 2005 we are told that he has extensive legal powers.

On the 4th August 2006 we learn that he can require employees to provide information under oath, enter premises and demand the production of documents.

Secondly, he keeps telling us that he refers cases to the Financial Regulator, passing the buck as it were. This is a clever strategy because the Financial Regulator is even more secretive than Joe’s outfit.

Under legislation (S.33AK of the Central Bank Act, 1942, as amended by the Central Bank and Financial Services Authority of Ireland Act, 2003) the greedy vultures that infest the Irish financial sector enjoy almost total protection.

Neither is the regulator shy about using this handy piece of legislation to send consumers packing when they have the cheek to ask for the names of dodgy financial operators. Joe, of course, must be well aware of this brick wall for consumers.

No matter what excuses Joe comes up with, no matter what law the Financial Regulator hides behind, the stark reality remains that consumers are put at serious risk of being ripped off for so long as these two organisations refuse to name names.

The Financial Services Ombudsman became operational in 2005, on April 1st – An entirely appropriate date.

The price of a couple of heads and chairs

It really is fascinating to observe the Green Party wrestle with its conscience over the Seanad election scandal.

We now know that political parties have been breaking the law for years by manipulating how councillors vote in Seanad elections. It was Green Party councillors themselves, to their credit, who brought this illegal activity to light.

That, however, has caused a major ethical problem for the Greens. The core of that problem is very simple. Do they abandon their principles and become partners in crime with Fianna Fail or do they stand by democracy and risk losing power?

All the signs are that they are frantically searching around for something heavy that will sink their integrity to the darkest depts.

They are already trying to impose a media blackout until the matter can be ‘resolved’ internally. In other words, the deal must be kept secret; breaking the law in public can be very damaging for a party’s credibility.

And breaking the law is exactly what the Greens are intent upon as they make clear in their latest email to councillors (sub required).

“Comments from councillors that they will vote for Fianna Fail councillors of their own choice will completely undermine the deal.”

(My emphasis)

Clearly, if the deal is to work, Green councillors must agree to vote as instructed by their masters and not by free democratic choice. In addition, Fianna Fail must, in some way, be assured that the deal was fully adhered to.

The law is crystal clear on such matters. (My emphasis)

Seanad Electoral (Panel Members) Act, 1947 82.—(1) The Seanad returning officer and every officer and clerk concerned in the issue or the receipt of ballot papers or the counting of votes under this Act and every candidate or other person present at such issue, receipt, or counting shall maintain and aid in maintaining the secrecy of the voting at the election and shall not, before the completion of the election, communicate, except for some purpose authorised by law, any information as to whether any elector has or has not voted at the election or as to the official mark, and shall not at any time communicate to any person any information obtained at or in connection with such issue, receipt, or counting as to the candidate for whom any elector has voted or as to whether any elector has or has not voted or as to the number on the back of any ballot paper.

(2) A person shall not interfere with or attempt to interfere with the receipt, marking, or return of the ballot paper of any elector at an election under this Act.

(3) A person shall not directly or indirectly induce any elector at an election under this Act to display his ballot paper after he has marked it so as to make known to such person or to any other person the name of any candidate for whom he has marked his vote on such ballot paper.

(4) A person who acts in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for any term not exceeding six months.

The Greens cannot avoid the stark reality they are facing – break electoral law or risk the wrath of Fianna Fail, they cannot have it both ways.

And what glittering prize is Fianna Fail offering for cooperation in this act of political skullduggery? – Extra staff and office space.

Hardly a wet day in power and the Greens are about to sell their souls for a couple of heads and chairs.

McDowell, an exploding time bomb

Progressive Democrats President Tom Parlon has announced he is to leave politics to head up the Construction Industry Federation.

Asked in an interview on RTEs News at One (1st item) how it came about he made no bones about blaming an ungrateful electorate.

“It’s fallout from the loss of my seat in the election. I put in a very active five years in politics, worked very hard for my constituency, felt I had a massive campaign, spent a lot of money and had a lot of support and got a right kick in the backside when the electorate made their decision.”

The question can be asked; why did the electorate give Parlon and the other PD TDs ‘a right kick in the backside’? The answer, I believe, is Michael McDowell.

On the 7th September 2006, after Mary Harney resigned her leadership I sent the following email to John Higgins, General Secretary of the PDs.

Dear Mr. Higgins,

The people of Ireland can only hope that Michael McDowell is elected
as the new leader of the Progressive Democrats.

His arrogance, incompetence, giant ego and extreme right wing views are sure to cause the PDs even more damage.

The passing into history of the PDs can only be a good thing for the people of Ireland and especially for the quality of Irish democracy.

For a party that started out with such high ideals and integrity it has been sad to witness its descent to Fianna Fail levels of tolerance of sleaze and dishonesty.

Yours etc.

Parlon’s resignation is just the latest consequence in the continuing disintegration of the PDs since they lit the fuse on the time bomb that was Michael McDowell.

Mysterious disease to be replaced

I see the HSE has quietly dropped (Sub required) the infamous and very expensive PPARS computer system.

A combination of gross incompetence and greed saw costs rise from an initial €9 million to, a lot of heads should roll; €200 million.

Ah no, I’m only joking, no heads rolled at all.

Nobody knows who initiated the project, it was never established who was responsible for its rolling out and even today nobody knows who’s in charge. It was like a mysterious disease that swept through the Department of Health.

Never mind, that’s all behind us now and the HSE is buying another computer system but this time is refusing to tell us how much it’s going to cost.

Very clever strategy because, let’s say it costs, oh I don’t know, about €300 million, they can just say, yep, that’s what our experts estimated.

The death of innocence

The Green Party has had its first blooding in how to manage scandal in public life. Secrecy is the crucial element in Irish public life if a politician or party wants to avoid having to provide embarrassing and far fetched explanations to the public.

And Trevor Sergeant’s explanation (8th item) regarding the illegal supervision of Seanad election voting was far fetched.

Green Party councillors had received an email instructing them to submit their ballot cards for inspection. Because they’re new to power and because they still have political integrity they naively made their outrage public. Tut, tut, first rule in Irish political life – All law breaking must be kept secret.

Sargent explained that the email was sent because of

“a mistaken understanding based on an old rule that unfortunately was presented as the current situation.”

Brilliant, pure Fianna Fail. Just mouth words, it doesn’t matter what they are, doesn’t matter if they make sense or not, nobody is going to delve any deeper. Well, almost nobody.

The situation is simple. For years Irish political parties have been breaking electoral law by forcing councillors to submit their ballot papers for inspection to ensure that deals done are being adhered to.

So what is Sargent talking about? Was there an old Seanad rule that allowed parties to break the law? Does the ‘current situation’ mean that that rule is now outlawed?

How are other parties, used to illegally tampering with electoral law, going to make the difficult transition to genuine democratic practices?

Or, has the Green Party learned the lesson and arrived at a ‘suitable alternative (secret) arrangement’ whereby Fianna Fail can be sure of their pound of flesh?

Ah, the death of innocence.

Manipulating democracy

Every self respecting democracy in the world operates under the rule of law. Electoral law is particularly important because it is based on the authority of the people. Any interference, any sly manipulation of such law seriously dilutes the quality of that democratic authority.

Stephen Collins, political editor of the Irish Times, explained on RTEs News at One (4th item) yesterday how Irish politicians have been breaking the law for years by supervising how councillors are voting in Seanad elections.

This illegal activity is to make sure that the councillors are voting according to deals worked out between the political parties.

The United Nations frequently sends teams of inspectors to emerging democracies around the world to ensure that such vote tampering does not occur; Irish politicians are often invited to join these inspection teams.

They must feel odd to find themselves strictly enforcing electoral laws that they have been openly flouting themselves for years.