Category: Civil Service

Civil Service secrecy speak

PJ Howell, Director, Environment Section, Fingal County Council (Whew! There’s a title) was interviewed on Morning Ireland (4th item) about the requirement to remove election posters.

After confirming that fines had been imposed in the past he was asked to name the political parties involved. He immediately reverted to what I call ‘Civil Service secrecy speak’.

“We wouldn’t want to say that now.”

This reaction is instinctive; it’s bred into all Irish public/civil servants. If a question is asked that even hints of actually informing the public, the shutters come down.

Like his colleagues ‘across the border’, (See below) Mr. Howell seems to be more interested in protecting the law breakers than naming and shaming them as an example of good law enforcement.

Still waiting for answers from Dublin City Council

On April 22nd last I wrote about my attempts to get information from Dublin City Council regarding the illegal erection of posters by Minister of State Pat the Cope Gallagher.

My question was, and still is, very simple. “Was the minister fined and if so, by how much?”

My last contact with DCC on that occasion was with Mr. Pat Cronin, head of waste management. He refused to answer my question, insisting that I put my case in writing and he would deal with it further.

On 24th April I wrote to Mr. Cronin by registered post. Despite several phone calls since I have not even being able to confirm if Mr. Cronin received my letter.

However, on the 22nd of May I did have another conversation with the public servant who first refused to divulge information on the matter. The conversation is worth posting as it gives a good idea of how things are done in our banana republic.

Me: I want to know, was the minister fined?

Public Servant: Why him in particular?

Me: Because he’s a government minister who deliberately set out to break the law

PS: How do you know he deliberately set out to break the law?

Me: Because you confirmed it to me when I last spoke to you and through the media

PS: I didn’t, I never used that word, let’s get something clear here; I never said to you that he deliberately set out to break the law

Me: OK, he has said himself that he did it, it’s in the papers

PS: No, he didn’t say he deliberately set out to break the law, he did put up the posters

Me: And the posters were illegal, so, did he put them up accidentally?

PS: Yes,

Me: Did he? (In astonishment)

PS: Yes, he didn’t know that they don’t have the strict regulations in Donegal that we have here

Me: (Still astonished) Hold on, are you telling me, are you confirming to me that the minister didn’t know he was breaking the law?

PS: That’s right, I am

Me: Did he tell you that?

PS: Yes, I was talking to him. He apologised profusely (“I honestly, genuinely did not know that I was breaking the law”). You see, you cannot put up posters in Dublin city but if you go across the road to Fingal, you know, when you cross the border, you can put up the posters

Me: No, you’re probably not familiar with the Litter Pollution Act, 1997, but I am

PS: Excuse me, I am, I work on it

Me: Ok, you should know so that’s it’s illegal to put up posters without permission, full stop, the LPA 1997 covers the whole country

PS: I understand, yes

Me: But what you’re saying is that it applies in some places

PS: I said, other local authorities are not as strict as we are

Me: I’m not concerned about strict or not strict. I’m concerned about breaking the law, especially when a government minister breaks the law

PS: I’m not defending Pat the Cope Gallagher, it’s not my job; he’s well able to do it himself.

Me: A couple of days after the minister ‘accidentally’ broke the law, he was given back the posters intact and he put them up again in Donegal. He broke the law again in Donegal. Now, we have to assume that he knew he was breaking the law in Donegal

PS: I’m not commentating on that

Me: There’s another thing I need to find out. You and Pat Cronin have refused to tell me if you have taken action against the minister.

PS: We don’t discuss anybody’s business

Me: But what I want to know is; are you basing your refusal on legislation/regulation?

PS: I’m basing it on office policy

Me: I don’t accept that. I’m a member of the public; this is a government minister who has broken the law. I have a right to know, you’re telling me I don’t have a right to know.

PS: I’m not telling you that, I’m telling you I’m not telling you.

Me: Are you entitled to refuse me the information

PS: Yes,

Me: By what law/regulation?

PS: On the grounds that I’m the manager of this office and I do not discuss anybody’s business with anybody else

Me: Are you absolutely sure, on a personal basis, that you’re not breaking any public service regulations by refusing me the information?

PS: I am quite happy in not giving out information, I never give out information. If Pat Cronin wants to answer you he’s quite entitled to. I’m happy in the decision I’ve made, that’s my answer to you.

I am in the process of taking further action regarding the refusal of DCC staff to answer my questions and I will post on the matter as things develop.

In the meantime I have taken the following actions regarding Gallagher’s illegal activities:

Submitted a formal complaint to DCC regarding Gallagher’s breach of the Litter Pollution Act, 1997.

Submitted a formal complaint to Donegal County Council regarding Gallagher’s breach of the Litter Pollution Act, 1997, in that part of the country. I will be writing on this particular saga soon.

Submitted an official complaint to the Standards in Public Office Commission regarding Gallagher’s breach of the Litter Pollution Act, 1997.

My complaint to SIPO is made on the basis that the minister is in serious breach of the Code of Conduct for Office Holders as outlined by the Standards in Office Commission (Office Holders) Sections:

1.3 Requirement to observe the Code of Conduct.
1.4 Principles of Ethical Conduct.
1.5 Highest ethical standards to be applied at all times.

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.

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.

Pay increase, whether you like it or not

Sometimes, in unguarded moments, our politicians reveal the truth about how our country is run. The impact is all the greater when the revelations are made in all innocence, as is the case here.

Senator Shane Ross, speaking on the Marian Finucane Show last Sunday (Eamonn Dunphy was standing in for Marian) claimed that the whole bench marking deal was flawed because it was done in secrecy.

Dunphy:

Would you be happy if you’re wages were determined in secret?

Ross:

Let me tell you a little secret about this. I’m a bit of a hypocrite about all this because I get bench marking in the Senate as a senator and I’m a beneficiary of that. Let me tell you a story about it that shows how ridiculous it was.

When the last bench marking award came through I got my cheque and I saw this increase.

Dunphy:

How much was it for?

Ross:

I can’t remember, so I got this increase and I didn’t know what it was for so I rang up the Dept of Finance and I said ‘What’s this for, it was for another €200 or something I can’t remember and the guy said.

Oh, that’s your performance related pay.

And I said, but my performance has been worse in the Senate (great laughter from the panel). I have to admit to you in the last few months it’s been worse and I said, why did I get it?

He said that’s what’s been ordered for you and that’s what you get.

I said why and he didn’t know but he said you have to take performance related pay.

This is one of the ridiculous things about bench marking. They give out performance related pay, they set up these bogus, what they call performance verification groups, which rubber stamp these performance related payments for reasons for which we don’t know about and they give relativities for which we don’t understand

John Waters then cracked a joke about the senator’s work performance and everybody enjoyed a great laugh.

My comments:

Senator Ross is so insulated from the reality of Irish life that when one of his incomes is substantially increased he can’t remember by how much. The figure eventually comes to mind and we find the increase is equivalent to what many thousands of old age pensioners live on every week.

He freely admits that he is not entitled to the pay increase as his performance had actually dropped in recent months but gave no indication that he is going to give the money back, or perhaps give it to an old age pensioner.

The civil servant at the Dept. of Finance was so incompetent that he was unable to tell the senator the reason for the pay increase.

The senator also freely admits that the performance verification groups, apparently set up to actually police work performance, are bogus, and merely rubber stamp pay increases. (How close is this to fraud?)

Senator Ross’ tone of voice was one of astonishment at the situation but there was no trace of anger or any indication that he was going to act on the matter.

And the most depressing aspect of this little story? Senator Ross is one of our best, most diligent, most pro active, most socially aware of our politicians.

Probe finds doctors are operating price cartel

The Competition Authority is investigating doctor’s charges:

HUGE numbers of Irish doctors are operating a cartel which fixes prices for a range of their services. This is the central allegation of a major new Competition Authority (CA) investigation. And the authority has told the Irish Medical Organisation (IMO) it now intends to take legal proceedings. In a letter to the IMO, the authority says the price-fixing “caused and continues to cause, significant harm to consumers”. The IMO represents approximately 6,000 doctors, including 2,000 self-employed GPs. Medical sources said that while this investigation had to do with a limited range of services, it is bound to raise questions about GP charges generally.

Audit critical of PPARS contract

More interesting PPARS stuff:

The internal audit report was sought by the HSE several months ago in the wake of strong criticism from Fine Gael about some of these consultancy contracts.

Fine Gael revealed that €2 million had been paid to Blackmore Group Assets Ltd, which it maintained was a shelf company based in the British Virgin Islands and administered from Guernsey in the Channel Islands.

The Irish Times understands that an investigation over recent months carried out in Ireland and in Bermuda by legal advisers to the HSE has been unable to determine the beneficial owners of the company.

However, it is understood that Blackmore Group Assets Ltd informed the HSE legal advisers in early February that no persons or corporate entities resident or incorporated in the Republic of Ireland had any shareholding in the company either directly or indirectly through nominees.

It also maintained that no person connected with the HSE had any beneficial interest in the company.

The HSE investigation confirmed that Blackmore Group Assets Ltd was registered in the British Virgin Islands but that it did not have a physical presence there.

Legal advisers commissioned by the HSE in Bermuda reported that the company had been incorporated in the British Virgin Islands on February 25th, 2002.

The Bermuda law firm told the HSE that it was not required in the British Virgin Islands for the register of directors and members to be made public or to be filed at the corporate registry.

The law firm said that no such filing had been made and that it was not possible, from publicly available details in the British Virgin Islands, to discover who held shares in the company.

It emerged last December that the Revenue Commissioners had contacted the HSE’s office in Manorhamilton, Co Leitrim, seeking information and documentation about Blackmore Group Assets Ltd. However, it is understood that the HSE has received no further contact from the Revenue Commissioners.

A spokesman for Fine Gael said last night that a series of questions set out by party leader Enda Kenny last December remained unanswered. These included how a shelf company was awarded a €2 million contract.

DWL ordered to hand over aquatic centre

After all the controversy, Dublin Waterworld are being forced out of the National Aquatic Centre.

Dublin Waterworld Ltd must hand over possession of the €62 million National Aquatic Centre on April 28th next to the State company which owns it, the High Court has directed.

Mr Justice Paul Gilligan yesterday deferred to April 25th his decision on any application by DWL for a stay on the possession order. He also adjourned to the same date the issue of liability for the costs of the legal proceedings brought against DWL, which are expected to be more than €2 million.

Costs were sought by Campus and Stadium Ireland Development Ltd, the State company which owns the centre, against DWL, a shelf company with no assets and registered offices at Ballyvard, Tralee. DWL contends it is entitled to costs of various aspects of the proceedings.

Following an application yesterday by Denis McDonald SC, for CSID, DWL undertook to continue operating the centre to April 28th. It also undertook not to remove any equipment from the centre and to retain membership and other relevant records.

Irish – Politically stupid?

Consider the following email from Brendan Gleeson, read out on the Marian Finucane Show last Saturday.

I have witnessed my parents, both in their 80s, spend days and nights on trolleys in an overcrowded unit totally ill equipped to take care of them. The place is overrun and at times, filthy. This is not anecdotal, this is fact.

The staff are unable to cope, despite incredible commitment because the set up is stacked against them. Sick people are reduced to grabbing chairs, never mind beds from others who have gone to the toilet. My father spent six hours on a chair, afraid to vacate it, he’s 88. He paid VHI all his life along with the heavy taxation of the day which he viewed as a duty.

He spent four days and nights on a trolley having suffered a stroke and subsequent blindness. His dinner lay at the end of the trolley, untouched because they had forgotten he was blind and that he couldn’t see it.

My mother spent over two days and nights unable to use the solitary toilet in the unit when she needed to because she couldn’t get off the trolley unaided and by the time she reluctantly called a nurse, the toilet was occupied again. This was an unspeakable indignity to a woman of her generation and standards of personal hygiene. When she finally got to the toilet, it was covered in blood which incidentally she attempted to clean.

When my dad took ill again, he refused a doctors advice to go in – He couldn’t face it

Now consider the following: (Taken from a quick look at some files)

€9 billion: Over runs on road building – Gross incompetence by civil servants

€1.35 billion: Cost to taxpayer resulting from the deal done between Church and State over child abuse – Criminality, cruelty and incompetence by church and state

€1 billion: Illegal charging of the elderly in nursing homes – Criminality, cruelty and gross incompetence by civil servants.

€180 million: Amount spent on a computer system that was supposed to cost €9 million and doesn’t work – Gross incompetence

€20 million: Cost of tribunal into the taking of childrens organs without permission. – Gross incompetence and arrogance.

Hundreds of millions: Ansbacher, Dirt, Organised financial crime, etc. – Standard (and apparently acceptable) level of criminality in Irish financial community.

Only one question arises from the above – Why are the Irish people so docile and politically ignorant?

First rule – Always be covered

I think it’s very curious that the Government have decided not to publish the Ferns Report on the internet for “legal reasons’. The report is available from Government Publications only in hard copy. It is not available on CD.

A spokesman for the Health Service Executive (HSE), the Dept. responsible for the report told me

‘The report was not actually published. It was placed before the Houses of the Oireachtas and is therefore covered by Executive privilege.’

This is consistent with the way things are done in Ireland. No matter how serious the situation is, no matter what damage has been done to innocent citizens, no matter what loss has been suffered, the first rule is ABC – Always Be Covered.

Of much less importance but also curious is how difficult it is to contact the Government Publications Office. You would imagine that this service would be available on the internet for citizens to browse through the many publications.

Not only is it unavailable on the net but it is “invisible’ in the telephone directory. You must first be inspired to realise that this important office comes under the Office of Public Works (OPW).

The Ferns Report is on the internet, despite government shenanigans. It can be accessed at Ferns Report.

Government Publications – 01/6476879
Mail Order Section – 01/6476000