O'Brien and O'Donoghue – Irish royalty?

Recently, I tuned into the Wide Angle on Newstalk. Dick Roche was on the panel with a couple of journalists.

When the subject of Denis O’Brien and the Moriarty Tribunal came up the presenter informed listeners that the station was owned by O’Brien. There then followed a withering criticism of the tribunal by everybody including the presenter.

The usual attack, too expensive, going on too long, making unsubstantiated claims, should be closed down, not a word of criticism of O’Brien.

O’Brien must be proud that ‘his’ presenter, the journalists and the politician are all in full agreement with him that the tribunal is conducting a personal vendetta against him to justify their existence.

The discussion then turned to the O’Donoghue expenses scandal and among the usual waffle surrounding this scandal we heard what has now become the standard excuse mouthed by dishonest politicians and lazy journalists – It was a different time, different rules (apparently) applied then.

Effectively, we are being told that when there’s lots of money sloshing around it’s perfectly ok for our politicians to spend as if they were royalty.

NAMA letters

NAMA letters in today’s Irish Examiner and Irish Independent.

NAMA is nothing short of economic treason.

THE column by Brian O’Mahony headlined ‘NAMA delays would be bad for the country’ (August 8) was, to quote Judge Peter Kelly, “trespassing on fantasy”.

NAMA must not be rushed. Had the Government properly managed evoting, PPARS, PULSE or decentralisation, we might have got some value from the millions it wasted on these projects.

With its latest project, its not millions but billions of taxpayers’ revenues that are being wasted on overvalued rubbish. Had the financial regulator (Government watchdog?) done its job properly and not just walked, our troubles would undoubtedly not be so great.

And we are giving the same Government the same power? Again? It’s legitimate to demand an unequivocal answer as to why the state, via the actions of the Government, favours de facto private interest over the citizens?

NAMA, in its current form, is nothing short of economic treason — banking legislation written by bankers for bankers and for the good of nobody except bankers and their property development debtors.

Currently it has got all the hallmarks and financial engineering brilliance of Enron. The old Celtic Tiger could afford previous levels of Government waste and incompetence but Ireland — European Capital of Incompetence 2009 — cannot afford to get NAMA wrong.

Don’t let the Government hoodwink the nation into accepting the flawed NAMA bill in its current form and please, please, don’t allow it to be rushed.

Paul Feeney
Botanic Hall
Glasnevin
Dublin 11

NAMA ‘death warrant’ hanging over us

The voice of reason has been spoken by the Supreme Court on the Liam Carroll appeal for enough time to stick the taxpayer, through NAMA, with paying bloated values for property assets which have no basis for assessing their true worth now or any time soon.

It is incredible how, within an hour of the ruling, that the Department of Finance could issue a statement to the effect that NAMA will proceed unaffected by the judgment. Clearly the disdain shown by the State to its citizens is set to continue unabated.

Three months ago, you published a letter from me calling for a referendum on NAMA. I believe that the dangers inherent in NAMA are staggering. I have no confidence in this Government to do anything other than facilitate an enormous over-payment of our money to the banks for property assets that have no prospect of recovering to even 50pc of the value ascribed to them when the irresponsible lending took place.

This will be a disaster for Ireland.

Regrettably there is but one solution to this problem and that is to nationalise the banks. NAMA can make sense after nationalisation. It cannot be the other way round as we will see our money paid out in exchange for grossly over-valued assets and we will have no control over those who are in charge of the banks.

If we do nothing then the NAMA legislation will be passed and sent to the President for her signature by the end of September. The enormity of this brings to mind the sadly prophetic words of Michael Collins on signing the treaty as “feeling I have just signed my own death warrant”.

Patrick Byrne
Dublin 14

The Irish taxpayer will be screwed left, right and centre when NAMA is up and running.

The Government will tax us more to repay the massive debt they will accrue on our behalf and the banks will hike rates so they can make the huge profits they need to justify their existence to shareholders.

It is about time we woke up and smelt the coffee. The only people who will benefit from NAMA are the banks, the private investment funds and the shareholders. And the home buyers are being hung out to dry.

Justice in this country is the preserve of the elite.

Martin Barnes
Carrick on Shannon
Co Leitrim

A law for ordinary citizens and a law for the privileged

Friday 31st July: Former Thomas Cook employees occupied the company’s premises in Dublin in an effort to get a better redundancy deal.

Saturday 1st August: A High Court judge issued a court order ordering them to leave the premises. The protesters refused to comply.

Sunday 2nd August: The High Court judge directs Gardai to have those found on the premises after 7pm on Monday arrested and brought before him to answer for their contempt.

On Tuesday 4th August (at 5am) a large force of Gardai arrested the protesters and hauled them off to court.

In just four days the legal and law enforcement arms of the State acted to bring the guilty to account.

The judge in the case said:

In a democratic society the rule of law “cannot be broken” or else there would be “anarchy”.

Nine years ago, in 2000, Jim Flavin of DCC committed the crime of insider trading on the Irish Stock Market.

Two years ago the highest court in the land confirmed that Flavin was indeed guilty of fraud on the stock market to the tune of €83 million.

Jim Flavin is still a free man, still walking around enjoying the same rights and privileges of innocent citizens.

Nine years and we’re still waiting for action against Flavin so let me rephrase the judge’s comment.

In a democratic society the rule of law cannot be broken by ordinary citizens or else there would be anarchy – privileged citizens will be treated differently.

The big NAMA question

The critical question surrounding the National Assets Management Authority (NAMA) project is – What price is the Government, on behalf of the taxpayer, going to place on the assets of the various financial institutions?

Here’s how Finance Minister, Brian Lenihan answered the question (Morning Ireland, 1st report, 3rd item).

That is the absolutely fundamental question and we’re working on the valuation of these properties and I will announce on behalf of the Government the approximated, estimated figure for how much state bond will be required in the Dail debate in September…I haven’t finalised the figure yet and of course the announcement of that figure is one of considerable market sensitivity.

Here’s my translation:

I’m not going to answer that question now and if I’m forced to do so in September I will only give an ‘approximated, estimated figure’. I’ll refuse to answer any awkward questions at that time by simply saying that the exact figures are of ‘considerable market sensitivity’.

I agree with the Labour Party’s suggestion that the banks should be temporarily nationalised, a strategy that would cost about €5 billion. That would still leave the taxpayer responsible for billions of bad loans currently held by the banks but at least we would know the risks we are facing and have some degree of control over events.

And that’s exactly what the Government is working to avoid. The Government strategy is actually very simple. It wants to transfer the massive liabilities currently bringing down the financial institutions onto to the shoulders of the taxpayer while at the same time ensuring that those institutions remain, to the greatest extent possible, in private ownership.

Private ownership protects profits and ensures continued state protection, principally by the Financial Regulator, for the widespread criminality that has long infected the Irish financal sector.

The hope is that when the dust settles the banks can return to what they do best – squeezing massive profits out of unprotected consumers. The burden of cleaning up the mess created by the reckless and greedy bankers will be left to generations of future taxpayers.

There is, however, one potentially serious obstacle in the way of this cosy strategy between politicians and their banking masters. Ordinary Irish citizens might not wear it; they might, for the first time in modern history, actually rebel.

An editorial in yesterday’s Sunday Independent on the NAMA question refers to a poll in the same newspaper in which a clear majority were in favour of nationalising the banks. The editorial concluded:

The poll reveals a truly worrying level of cynicism about the beneficiaries of public policy, and that cynicism is poisonous to society.

The Government has a duty to rebuild public faith in the political system and it must start by debating its policy decisions openly and honestly. There cannot be the faintest hint of favouritism or cronyism in a decision that could impoverish a generation and it demands justification on a grand scale.

The Government is gambling the future: the people need to know why, and they need to know who benefits.

Public faith in the political system? Openness and honesty in debating public policy? An end to cronyism?

The present corrupt system of administration in this country will never allow such enlightened policies to emerge; only an actual rebellion will do that.

Denis O'Brien's media empire and the Moriarty Tribunal Report

obrien460Vincent Browne has an interesting article in today’s Irish Times where he asks some searching questions about Denis O’Brien’s media empire and how The Broadcasting Commission of Ireland (BCI) could possibly conclude that:

The media holdings of Denis O’Brien do not constitute dominance in terms of his ability to influence opinion forming power in any of these franchise areas.

Browne makes the connection between O’Brien’s media empire and the soon to be published Moriarty Tribunal Report.

Last weekend two of the newspapers that he now controls, the Sunday Tribune and the Sunday Independent, published two self-serving interviews with him, intended to take the “sting” from the anticipated final findings of the Moriarty tribunal on the award to him of the mobile phone licence in 1996.

He goes on:

If his own version of the Moriarty tribunal findings prove correct, they would be a devastating indictment of himself, along with the then minister for communications Michael Lowry, and of civil servants involved in awarding the licence.

If his version is true, he will be accused of the most spectacular piece of corruption ever in this State, with the possible exception of the Irish Hospital Sweepstake scam.

And, it will seem, if what he says is true, that he has built his vast personal fortune on the basis of a criminal act.

A letter writer to the Irish Times also has his say about O’Brien’s media spinning.

Madam,

I was embarrassed last weekend to read the coverage of Denis O’Brien’s tribunal troubles in the Sunday Times . A front page article took leaked information about the Moriarty tribunal’s conclusions (not very positive it must be said) and managed to portray Mr O’Brien as some sort of hero, who was battling the tribunal to save the State money on legal fees.

Further on in the paper, there was a full-page spread on the excessive costs of the tribunal and yet further on, Mr O’Brien adorned the front page of the Business section about some triviality or other.

What could have been the spur to such embarrassing spin? Perhaps the Sunday Times is in awe of Mr O’Brien’s recent ascent to control of IN&M?

Yet another example of the need for The Irish Times to issue a Sunday version, thus sparing the public from the brainrot of the Sunday press.

Yours, etc,
TOMMY TIGHE,
Grove Park,
Dublin 6.

Banker: Everybody is to blame – except us

In recent times Irish bankers have been keeping very quiet while the Government makes arrangements to bail them out with billions of taxpayer’s money.

Now however, one of them, former chairman of AIB, Mr. Dermot Gleeson SC, has crept out from under his rock to tell Irish citizens that they are to blame for the financial catastrophe because they rejected the Lisbon Treaty and, to add insult to injury, has warned us all that we had better get it right in next October’s referendum.

Conor Ryan of the Irish Examiner writes an excellent analysis of the rest of Mr. Gleeson’s warped views.

WHEN you have chaired Ireland’s largest bank during a period of overheated property speculation only to watch as massive loan books crumble onto unwitting taxpayers, you must know who to blame – everybody.

Former chairman of AIB, Mr. Dermot Gleeson SC has been telling Irish citizens that they are to blame for the financial catastrophe because they voted No in the Lisbon Treaty and that they had better get it right next time.

Well, everybody but yourself that is.

Welcome to the world according to Dermot Gleeson – senior counsel and outgoing chairman of AIB.

Yesterday he treated the morning audience at the MacGill Summer School to a lengthy explanation on how it all went wrong.

Obviously being relieved of the burden of chairing the bank – which had doubled the size of its lending in recent years – has allowed Mr Gleeson to sit back and assess AIB’s embarrassing fall.

And here, for the first time, is a complete run-down of Gleeson’s Bad Guys – the people and factors who, he feels, created a situation where any banker could do little else but throw caution to the wind:

1. European regulations which imposed new accounting standards that only encouraged banks to be reckless.

2. Accountants. Don’t even start Mr Gleeson on accountants. According to him them and their “mark to market” valuing practices totally confused the price of heifers and houses alike.

3. Rating agencies who handed out healthy AAA ratings like a labelling machines at a Duracell factory to obviously unsustainable financial institutions.

4. Central banks. Their warnings of impending crashes could not be taken seriously because quarterly bulletins were otherwise gleefully optimistic. Interest rate policy is a grumble for another day.

5. Government policy. Public spending was excessive and stamp duty was never a long term option. Oh, and the litany of tax reliefs drove the construction boom which banks had to provide money for.

6. The Financial Regulator. It had access to the accounts of banks and should have saved lenders from themselves.

7. Monopoly power. GP fees were too high, energy prices were costly and social partnership was not competitive.

8. The feckless public. “When you are looking for the causes it is hard to exempt ourselves the public, I am not speaking from my capacity as a former chairman of a bank (of course, Mr Gleeson). The public played a role as well because many of us participated in the property bubble.”

9. The nation. ” We believed in things that weren’t actually true… And there is a sense that national pride and confidence boiled itself into over confidence.” You bold nation, you.

10. The media. The call by some commentators that people should vote no to Lisbon was evidence, Mr Gleeson felt, that the media had lost touch with reality.

And then, finally, we have the banks. They made mistakes and here, according to Mr Gleeson, are some of the reasons why.

1. Everybody the banks relied on to assess risks got it wrong. You name it, engineers, statisticians and PhD holders.

2. Risk assessors never exposed the problems in banking practices which markets needed to know.

3. “Sophisticated international consultants” who backed Anglo as a model for other banks and among their cheer leaders, financial journalists and brokers.

4. Anglo Irish Bank. “The presence of a competitor who appears to be striding ahead of you, certainly is taking customers from you, certainly is gaining market share and is being lauded and applauded not just by its own supporters but by [market analysts].” Clearly a bad example for impressionable bankers.

However, after pointing the finger at every other sector Mr Gleeson nobly conceded that following the crowd simply did not absolve his fellow senior bankers.

“The point I just made makes no excuse whatsoever for anyone who followed [Anglo’s] bad example. But it does make up a small part of the explanation,” he said.

And on this gracious note one can only assume had it all gone right, society would have been treated to an equally systematic singling out for praise.

Mr Gleeson’s speech certainly makes it hard to believe that a banker can take credit for anything.

Bribery law?

There was an interesting item on Tuesday’s Drivetime concerning the relentless rise in commercial rents despite the downturn in the economy.

The law covering this area of business is bizarre to say the least. Rent reviews are carried out every five years but can only remain static or go up.

If one tenant, say in a shopping centre, agrees to a rent rise then everybody, by law, must agree and pay the same rise with no account taken of profitability or ability to pay.

According to Paul Fitzsimmons of Retail Excellence Ireland, this system is wide open to abuse. His organization has evidence of landlords doing deals with particular businesses by offering them a rent free period or help with a fit out in return for agreeing to a rent rise.

What I find amazing is that this law seems to have been drafted with this ‘bribery clause’ specifically in mind, I can’t think of any other reason for its insertion. But then again, why am I amazed, this is Ireland.

Obama to outlaw offshore tax havens

President Obama has made his first move to outlaw offshore tax avoidance schemes by US corporations with overseas divisions.

This could have serious financial consequences for the economy as US corporations have long used Ireland as a profit/tax laundering base to avoid paying billions in tax obligations.

In an RTE interview in February 2008 Prof. Anton Murphy of TCD said such activities gave Ireland a Cayman Islands type financial reputation and added that the Government, political parties, the IDA and other State agencies are effectively colluding in this profit laundering but because of various short term interests nobody is saying anything.

Perhaps they will have something to say now.

No accountability, no justice, no hope.

On 11th December last Bernard Madoff was arrested by police on allegations of major fraud. Yesterday, (three months later) he was taken away to jail in handcuffs from a court of law and will receive a jail sentence in June of up to 150 years. He is likely to spend the rest of his life in jail. While waiting for his trial Madoff was kept under house arrest.

On 18th December last Sean Fitzpatrick, then chairman of Anglo Irish Bank, resigned when it was revealed that he had engaged in some very suspect financial transactions. No investigation by the police took place and no arrests were made.

Mr Fitzpatrick is still walking around and can even head off to sunny climes when the Irish weather gets him down, despite the suspicious nature of the transactions. The Financial Regulator and the Government appear to have made an immediate judgement that Fitzpatrick had done nothing illegal. Surely that is for a properly resourced fraud squad to decide?

As Madoff rots in jail the Office of the Director of Corporate Enforcement is still considering his options on the Fitzpatrick case. Judging from past experience we can expect, at some point in the distant future, that a High Court inspector will be appointed to investigate.

That investigation will take anything up to six years before the matter returns to the ODCE who will then consider, for an unspecified period, his next move.

He may refer the matter to the DPP, but that is highly unusual but even if he does the DPP will also ponder his options for at least three or four years.

The most likely choice for the ODCE will be to try and get Fitzpatrick barred from acting as company director; this is the absolute minimum punishment for corporate crime.

It’s difficult to say how many years this will take as the ODCE has never successfully completed a major case. He has been on the National Irish Bank case since 1998, the Bailey brothers for about six years and Jim Flavin of DCC is still only at the High Court inspector stage. Very conservatively, we are looking at ten to fifteen years before even minimum justice is imposed.

Conclusion:

America – Police, arrest, courts, jail – all within three months.

Ireland – No police, no arrests, no courts – No accountability, no justice, no hope.

Copy to:
ODCE

Ireland's international reputation – the can of worms is open

Bob Semple, partner in the Risk Management Services department of PricewaterhouseCoopers was talking about corporate governance on Today with Pat Kenny (Thursday).

Asked about the damage done to Ireland’s international reputation from recent scandals he said;

“I think we’re very badly damaged. A colleague over at a meeting in Amsterdam just last week with PwC colleagues from all around the world and every second joke was a crack against Ireland. It really makes me so sad and mad and we really must do something about this.” We have to get directors to stop and reassess where they’re at.”

Pat’s next question was curiously worded;

“Do people have to go to, I wont say go to jail because that would probably be a first time for white collar crime in Ireland, do people need to be punished.”

Semple.

“I think they do and I’m surprised at the number of people who are saying to me that handcuffs and prison bars is the only answer to restoring our reputation internationally.”

Clearly, Semple and Pat would be amazed if someone actually ended up in jail. This is an indication of how far away we are from reality.

Isn’t it also amazing to see people like Semple coming out of the woodwork screaming that something will have to be done about white collar crime in Ireland – only after the international community has rumbled us?

None of these people had the slightest concern for the massive damage done to Ireland and its people by white collar criminals so long as so called Irish regulatory agencies were able to keep a lid on the tin of worms.