Author: Anthony

Who's watching the watchers?

“Is it normal in peacetime that the Army would access this information in this way?”

asked Pat Rabbitte after it was revealed that the army had used the Criminal Justice (Terrorist Offences) Act to access the personal telephone records of Irish citizens last year.

He further queried:

“Am I the only one who thinks it odd that according to the Data Protection Commissioner, the gardaí made over 10,000 requests in 2006, the equivalent of almost 30 requests daily to access records.”

Oddest of all, however, is that the High Court judge designated to have oversight of the legislation and to report to the Taoiseach, says the documents he has inspected related to those located in the premises of the Army. No report about Garda requests for access has been laid before the Oireachtas, as is apparently required.

Summary:

Tens of thousands of requests for access to personal telephone records on Irish citizens are made by the police and army.

The legislative requirement that a report on such activities be laid before the Oireachtas was not complied with in respect to the Garda requests. It is not known whether the High Court judge designated to oversee the legislation has the power or the will to question such an omission.

When the Taoiseach, Bertie Ahern, the man ultimately responsible for the civil rights of Irish citizens was asked if he was happy that proper procedures were in place, he said he could not answer because he did not have the facts.

Previous post on this matter here

Light year promises

As always, Irish Times cartoonist, Martyn Turner hits the nail on the head.

Linking the discovery of an earth like planet with the failure by Minister for the Environment, Dick Roche, to provide clean drinking water, the caption reads:

“They’re going to name it planet Dick Roche as it holds out the promise of clean water, but it’s light years away.”

Insider watchdog

I read in the Sunday Independent that former Financial Regulator CEO, Liam O’Reilly got a job as an insider watchdog with Merrill Lynch Capital Bank.

According to O’Reilly, Merrill Lynch needed someone to

“make sure that they were doing things right”.

He would

“be like a watchdog for them inside.”

The mind boggles at what these people were/are up to that they feel the need for an internal watchdog.

Nasty suggestions of a conflict of interest when a top civil servant moves across to work for a company he once regulated were quickly put to bed.

According to the Central Bank Act former chief executives of the Financial Regulator’s office may not disclose any matter arising in connection with the performance of the functions of the Central Bank/Financial Services Authority of Ireland or the exercise of its powers.

So there, all you doubters.

And to further reassure all those nasty sceptics out there, Sources have suggested that O’Reilly’s role at Merrill Lynch excludes any involvement in regulatory matters or for lobbying on its behalf.

O’Reilly was also recently appointed as the first chairman of the Chartered Accountants Regulatory Board (CARB), an organisation set up by accountants to, er, regulate accountants. I wonder does Merrill Lynch have accountants.

A contemptible nation

For sheer brass neck and total disregard for the laws of the land it would be difficult to surpass the arrogant and contemptible activities of Minister for State, Pat the Cope Gallagher.

This pathetic excuse for a public representative illegally erected posters in Dublin last week (See post below). During my enquiries with Dublin City Council regarding this incident (ongoing) I was informed that the posters in question were returned to Gallagher as the authority had no storage space for them.

It is likely that these are the same posters erected by Gallagher in Donegal as they are identical to those taken down in Dublin.

Clearly, this backwoodsman politician is supremely confident that he lives in a country where the rule of law does not apply to those in power. There is overwhelming evidence that his confidence is fully justified.

However:

A public representative who knowingly breaks the law has no credibility whatsoever and deserves only contempt.

Local authorities who effectively condone such activities by inaction have no credibility and deserve only contempt.

A body politic that condones such activities by failing to condemn them has no credibility and deserves only contempt.

A political party who tolerates such activities by one of its members has no credibility and deserves only contempt.

A sitting government that fails to act against such activities has no credibility and deserves only contempt.

A nation that tolerates such low standards from its public representatives and State authorities has no credibility and deserves the utmost contempt.

Private (and) confidential

The illegal activities of Government Minister, Pat the Cope Gallagher, serve as a perfect example of how things are done (or not done) in this corrupt state. No anger, no accountability, no reaction (to my knowledge) apart from posts on this website and my letter to the Irish Times. (Below).

GALLAGHER’S POSTERS
Madam, – Ireland is the kind of country where a Government Minister, Pat the Cope Gallagher, can break the law in an apparent effort to gain cheap publicity in the run-up to a general election (The Irish Times, April 16th).
It is the kind of country where the authority responsible for repairing the damage, at the taxpayers’ expense, is accused of being “overly vigilant” by the same Minister.
It is the kind of country where there is no outrage, no widespread reporting/analysis of his actions, no questions asked by his fellow politicians and not even a hint that he might be sacked or face any consequences as a result of his behaviour.
It is the kind of country where cute hoorism and political irresponsibility is the norm rather than the exception.
It is the kind of country of which I am ashamed to be a citizen. – Yours, etc,
ANTHONY SHERIDAN

In a follow up on the matter I rang Dublin City Council to enquire if Minister Gallagher was fined for his illegal activity. The conversation went as follows: (Emphasis’ are mine)

Spokesperson: Nobody is above the law as far as we are concerned, so you needn’t think that we treat anybody more favourably than others. We treat everybody as equal.

Me: What’s the procedure when somebody is guilty of something like that?

Spokesperson: First, a fine of €125 would issue, if the fine is not paid legal proceedings would follow.

Me: That would hardly put a dent in the Minister’s petty cash.

Spokesperson: Depends on how many fines we issue. We could fine for each poster.

Me: Has any action been taken against him?

Spokesperson: That part is actually confidential.

Me: Why is that?

Spokesperson: But listen to what I’m saying in between. This would be the type of answer you’re looking for; it’s open to us to issue a fine.

Me: No, That’s not what I’m looking for; I’m not looking for a nod nod wink wink reply that might indicate that the Minister may have been made accountable. I’m looking to challenge the system to see if it properly brings law breakers to account.

Spokesperson: I don’t discuss anybody’s fines; it’s a matter between Dublin City Council and the person who caused the offence.

Me: Are you making that decision or is it based on a legal requirement?

Spokesperson: That is the policy of this office.

Me: Where does that policy come from?

Spokesperson: It’s my policy.

Me: I do not accept that.

Spokesperson: That’s fine, if you want to go further, that’s fine.

The crucial point of this conversation was reached when the spokesperson based her refusal to answer a question on her own personal office policy of ‘confidentiality’.

This is not to accuse this particular person of being dishonest or corrupt. It is, however, to assert that she operates in a corrupt system whereby strategies are employed to avoid answering questions.

Firstly, the softly softly re-assuring approach; ‘nobody is above the law etc. Then the wink wink strategy; I’m not going to give you an answer but here’s a strong hint that we can make wrong-does accountable if we have a mind to and finally, when all else fails, the most common and most powerful strategy of a corrupt state was invoked – It’s confidential, it’s a state secret, you are a non entity, a mere citizen and we don’t have to tell you anything.

After a couple of days trying I eventually got through to a higher authority. I was point blankly refused answers. When I asked for the legal basis of this refusal I was told to put my questions in writing. When I asked what regulation required citizens to put questions in writing on such simple matters, the spokesperson just kept repeating – Put it in writing.

Obviously this is going to take time but I will update as things develop.

It is important to remember that my question is very simple. Was the Minister fined and if so, by how much? Simple, you would think.

Getting the message out

I was delighted when contacted by the political correspondent of the Irish Independent, Fionnan Sheahan, regarding my complaint to SIPO about the Bertiegate payments.

As a result of his article I was contacted by Noel Walsh of Shannon & Northern Sound Radio and gave an interview which provided an excellent opportunity to explain what Gavin and I are trying to achieve on the Blog.

There’s just one small but important point I would like to make on the article. While serving in the navy I was not a commissioned officer but held a rank equivalent to a sergeant in the army.

Here’s the article

Bertiegate’ ethics complaint ‘unlikely to succeed’

Thursday April 19th 2007

ONE of the people who made an official complaint to the ethics watchdog about the Taoiseach’s ‘Bertiegate’ payments identified himself yesterday.

Anthony Sheridan, a self-styled anti-corruption campaigner from Cork, made one of the two official complaints to the Standards In Public Office Commission (SIPO) about Bertie Ahern.

SIPO is informally inquiring into the complaints Mr. Ahern breached ethics legislation arising from payments of over €50,000 made to him by friends in the early 1990s.

Mr. Sheridan made his complaint under the Ethics In Public Office Act. He claims the Taoiseach breached the act by accepting the cash when he was Finance Minister.

Mr. Sheridan said from his communications with SIPO staff, he doubted if his complaint would succeed.
He said he made the complaint as the commission cannot investigate an issue unless it receives an official request from a member of the public to do so.

“I think it was important to do it anyway to get it on the record,” he said.

“I am outraged the commission are not allowed to initiate an investigation without a complaint. How Banana Republic is that?” he said.

Mr. Sheridan is a former Navy officer, living in Cobh.

He now runs the website www.publicinquiry.eu with his nephew, Gavin Sheridan, and campaigns against corruption.

Fionnan Sheahan

© Irish Independent

Imagine…

Imagine the following scenario. You’re living in a country where a government minister deliberately sets out to break the law in order to gain some cheap publicity in the run up to a general election. To achieve his aim the minister recruits a number of fellow citizens, thus implicating them in his illegal activities.

When the damage caused by the government minister is repaired at taxpayer’s expense, he expresses disappointment at such action and accuses the state body involved of being “overly vigilant” in enforcing the law.

Minister of State Pat the Cope Gallagher has said he will face “whatever consequences” for putting up posters around Croke Park in Dublin yesterday, in contravention of anti-littering legislation.

The posters, which also wished the Donegal football team well, were erected on lamp-posts to coincide with the county’s semi-final match against Kildare in the Allianz football league, at Croke Park yesterday.

Mr Gallagher, Fianna Fáil TD for Donegal South West, told The Irish Times he and party workers had put up 30 posters along Drumcondra Road at 8am yesterday. and he thought it “very disappointing” that Dublin City Council litter wardens had cut down all but two of them by 1 pm.

The posters show a head shot of Mr Gallagher with the slogan: “Pat the Cope for Donegal. Donegal for the League.”

Dublin City Council staff used knives on extendable poles to cut down the posters and a spokeswoman for the council confirmed they had been illegally erected.

“If anyone wants to put up posters on public property in the Dublin City Council area they must get permission from the council, so those posters would be illegal. There is also the fact that election posters can only be put up during the term of the election, ie when the election has been called and it hasn’t been yet.”

Mr Gallagher however said the posters were not political.

“There were no votes in them. They were just to wish the team well. I understand it was Dublin Corporation who took them down. I had the idea to put them up on Friday and we had the design cleared by noon yesterday and I picked them up yesterday evening.

“We were out early this morning, putting them up at about 8am. I have put them up and down the country before, and at Dalymount Park in Dublin too in the past.

“I’m not one for breaking the law. All I’m saying is I think the corporation were being overly vigilant,” he said.

Far from feeling shame or remorse for his actions, the minister is defiant and is delighted with the support he received from other citizens for his illegal activities.

Imagine that corruption in this country is so rampant, so much a part of its culture that the minister’s illegal activities go almost unnoticed. There is no outrage, no widespread media reporting/analysis of his actions; no questions asked by his fellow politicians and not even a hint that he might be sacked or face any consequences as a result of his illegal acts.

Imagine, that in this country, the ‘cute hoorism’ of the politician involved, Fianna Fail TD and Minister of State Pat the Cope Gallagher, is accepted as ‘normal’. That many citizens cannot or will not make a connection between this minister’s illegal activities and the massive damage being done to the country by the deadly disease of corruption.

Imagine, in this country, the shock and disbelief of those citizens if it was suggested to them that the minister’s behaviour is part of a culture that can ultimately results in serious consequences for others, like the people involved in this case.

Who are the real bandits out West?

Cllr. Michael Fahy of Galway County Council was recently found guilty of fraud and theft. Fahy had caused over €7,000 to be paid by Galway County Council to a company for fencing on his own land.

Fahy denied guilt to the end and when things became desperate he tried to implicate others in his crime, notably, council staff and the company that installed the fencing. Fahy was fined €75,000 and sentenced to one year in jail.

I agree with the many commentators who claim that the sentence was too severe. A fine and suspended sentence would have been more appropriate.

But a discussion about the case on a recent Liveline programme demonstrated the amazing ability of Irish people to avoid reality at all costs. They simply don’t have it in them to say – ‘Perhaps the punishment was too severe but the man is guilty and should suffer the consequences of his actions.’ Here are some of the excuses.

After positing the novel idea that Fahy should serve his sentence only after his mother dies, Actress and journalist, Jeananne Crowley made the following excuses:

His sentence was unfair because a rapist was recently let off and that’s a far more serious than ‘diddling’ Galway County Council out of a bit of fencing.

We watch the tribunals and don’t see Frank Dunlop being brought to trial.

He’s been shamed enough.

He offered stones in return for the fencing.

He paid the money back.

This kind of thing goes on all the time, people do favours and get favours back.

Yes, it might have been illegal but doesn’t really rank with other crimes.

We see so many people who are not held responsible.

He wasn’t trying to avoid responsibility.

He confessed.

He’s been punished enough.

He’s been made an example of because he’s a politician.

    Other neighbours and friends

We had a judge who recently failed to face allegations.

Many people have been allowed to escape the net.

He was a prominent member of the GAA.

He did an awful lot of good for the community.

He was doing it for the good of the community; he wasn’t doing it for himself.

Garrett O’Callaghan, however, came up with the most incredible excuse for Fahy’s behaviour.

In a contribution that bordered on the hysterical O’Callaghan said he was horrified, shocked and stunned by the sentence and apparently without a hint of tongue in cheek claimed that Fahy put up the fence to protect himself and his mother because people in rural communities were in grave danger from drug addicts in fast, souped-up cars, trying to kill them.