The naked emperor

Brian Cowen’s problem is that he believed all that guff about how super intelligent he was, about how he was going to make mincemeat of the opposition and in particular how he was going to destroy Enda Kenny during Dail debate. It’s clear now that he’s no more than a bumbling, naked emperor.

His recent love in with 94 TDs and Senators seems, however, to have given him a boost. ‘Go out there and tell them who’s boss Brian’, they probably urged him. And so he did:

“As long as I am running this Government I will run the Government as I see fit..”

Labour Party leader, Eamon Gilmore had to remind the ‘naked emperor’ that he was answerable to the Dail.

Whelan's rant

Noel Whelan, political analyst and former Fianna Fail candidate, is very upset at the way his hero Brian Cowen is being treated by the media.

“Brian Cowen has been subjected to an avalanche of criticism…some of it well grounded…however there’s also a large element of the criticism which is overly personalised, snide, cynical and juvenile.”

Whelan raged on Today with Pat Kenny (Monday).

Whelan accused the media of taking short cuts in order to fill print and air time and said they should reflect on their own failures.

Political lampooning is common in all self confident democracies but particularly in the UK and US. Politicians in these countries are mercilessly satirised but seldom complain because they don’t suffer from an inferiority complex.

Irish politicians and their friends get upset, I suspect, because they know that the humorous criticism is very close to the truth.

Fianna Fail – Protecting friends

Miriam O’Callaghan put it to the Minister for Finance, Brian Lenihan, on Prime Time that his actions regarding Anglo Irish Bank look like he’s just bailing out a lot of greedy developers and builders.

Lenihan replied:

“Developers and builders will be squeezed to the last cent for whatever money they owe the bank, that’s essential to protect the interests of the taxpayer.”

This is just a blatant lie casually slipped off the tongue by a mealy mouthed and irresponsible politician who is doing everything in his power to protect greedy developers at massive cost to Irish taxpayers.

It is already an established fact that developers will default on loans from Anglo Irish Bank to the tune of billions. One commentator made the following estimate.

“At the end of September Anglo had gross assets of €101bn and a total loan book of €72bn.
By nationalising Anglo the Government has nationalised Anglo’s assets and liabilities also. If most of Anglo’s loans turn sour then the national debt, currently €50bn, could almost triple.”

This burden will be a major factor in the destruction of our economy and it is apparently being imposed to protect friends of Fianna Fail.

A corrupt nation in denial

The Financial Times has rightly described Ireland as a banana republic in response to the Anglo Irish Bank scandal. This is part of an ever increasing realisation by the international community that the administration of Ireland is, at every level, rotten to the core.

It is only within Ireland that the reality is denied. It is only within Ireland that a large majority of people including politicians, intellectuals, journalists and business people continue to pretend that Ireland is a normal, functional democracy like any other.

The financial tsunami that’s sweeping the globe is likely to strip away all such pretence and expose us for what we really are – a corrupt nation in denial.

The reaction to the Sean Fitzpatrick scandal and the banana republic editorial in the Financial Times is typical of such denial.

Brian Lenihan, Minister for Finance:

“I don’t accept that claim (Ireland is a banana republic), for one minute; very few countries have been left unscarred by the financial fall-out from the problems initially sparked by US sub-prime lending.
“There is nothing unique in what has happened in this country — and, indeed, we haven’t had all of the failings that have been demonstrated in some overseas banks.”

(Irish Independent, Dec 23).

Actually what happens in this country is unique. No other democracy in the world allows its bankers and other financial institutions to rob customers on a regular basis.

The corrupt and rotten business and political environment in Ireland is, largely, a creation of Lenihan’s party, Fianna Fail.

Shane Ross, Independent Senator:

“It’s a pretty stunning state of affairs.”

(Today with Pat Kenny, 19th Dec).

Actually it’s not stunning at all. This kind of ‘inappropriate’ behaviour has been going on since the foundation of the State. People like Senator Ross, unfortunately, have an amazing facility for getting outraged, forgetting and then getting outraged all over again when the next scandal breaks. He seems unable to join up the dots and see the reality that the Financial Times can see at a glance.

“What has happened here is a complete collapse of financial regulation…What has the Financial Regulator been doing since he became aware of Fitzpatrick’s loan last January?”

Wrong again Senator; there never was any financial regulation to collapse in the first place. Irish governments and regulatory authorities do not regulate but rather ‘facilitate’ the activities of financial institutions.

Last October, for the first time in the history of the State, an Irish financial institution was fined and that was only because it threatened the interests of other banks.

It’s likely that since last January the so called Financial Regulator has been trying to find a way of getting Anglo Irish and Sean Fitzpatrick off the hook. If it wasn’t for the collapse of the banking system Fitzpatrick would have been allowed to continue with his ‘inappropriate’ activities.

This is exactly how a ‘regulator’ behaves in a banana republic.

Gina Quin, CEO of Dublin Chamber of Commerce:

“I think it’s worth remembering that this wasn’t an illegal practice and you know business gets done between friends all of the time because we like to work with the people that we know and like and we can trust.

And trust is a hugely important feature of Irish business moving forward in the current climate. Trust and confidence are the absolute cornerstones of us pulling ourselves out of this current situation.

…the man has fallen on his sword, his fellow director is gone as well who was involved in one of the loans and we’ve got to move on…this is one small unfortunate incident and its not helping, we’ve got to move on.”

(Today with Pat Kenny, 19th Dec).

This is one small unfortunate incident”???

To be charitable to Ms. Quin, she’s young, ambitious and obviously completely ignorant of the rotten reality at the core of Irish public life. I hope that she manages to remain in her comfortable little bubble world interacting with people she likes and trusts.

Institute of Chartered Accountants in Ireland(ICAI):

The regulatory board of the Institute of Chartered Accountants in Ireland said it’s to look at the circumstances surrounding the director loan issue. It wants to know if any of its members was involved.

Recently, this organisation established an ‘independent’ regulatory board (CARB). Clearly, the ICAI sees regulation as a bit of a joke when we learn that they appointed Dr. Liam O’Reilly as chairman of the board of CARB.

During his career as chief executive officer of the Financial Regulator Mr. O’Reilly enthusiastically enforced policies that ensured no financial institution was ever brought to account for fraud or theft. His attitude is unlikely to have changed.

No accountant will be will be made to answer for the Anglo Irish Bank scandal.

Irish Association of Investments Managers:

The Irish Association of Investments Managers said it’s disappointed at events which have led to both Mr. Fitzpatrick’s resignations and that of the bank’s chief executive officer David Drumm. The association’s members manage 250 billion worth of investments and say they expect the highest level of transparency in dealings by directors of listed companies.

This joke organisation claims to ensure best standards throughout the investment industry. Two names – Jim Flavin, Sean Fitzpatrick.

Mary Hanafin, Minister for Social and Family Affairs:

When Hanafin was asked why couldn’t the Government make such loans illegal she spluttered

“Mmm…, Obviously, all sorts of arrangement and mmm…dealings that banks make, you know, and I think the regulator, the regulatory authority rather is actually looking to see what was behind that and the whole circumstances of it.”

(Saturday View, 20th Dec).

Hanafin went on to talk about the Fitzpatrick scandal as if she was a tourist from Mars and not part of the political establishment that created and supports rogue bankers.

Prof. Ray Kinsella, Director of the Centre for Insurance Studies at the Quinn Business School, UCD:

“This crisis has brought a generation to its knees…the impact on the very fine people working in the bank…the impact on Sean Fitzpatrick himself, I know it’s an unpopular thing to say but I’m uncomfortable with judgementalism and I don’t know all the facts but the impact on the Irish economy and financial system has been devastating.”

(Saturday View, 20th Dec).

The best that can be said of the professor is that he’s a bit of a header (See here). He once suggested that the Irish media should keep quiet about banking corruption as such talk could damage our international reputation. As I say, he’s a bit of a header.

Professor Niamh Brennan, Michael Mac Cormac Professor of Management, Director of Academic Centre For Corporate Governance, UCD:

Commentating on the failure of the Financial Regulator, Patrick Neary, to act on Fitzpatrick’s dodgy activities.

“I had thought it was a member of the staff that had made the discovery and hadn’t escalated to the Financial Regulator himself. But it appears that he knew and I find it absolutely extraordinary that he would have been part of those all night discussions in the Dept. of Finance and told nobody about this finding.”

(The Sunday Supplement, 21st Dec).

Professor Brennan is shocked because she, like many others in Ireland, labours under the illusion that the Regulator actually regulates, it does not. The Regulator, the Government and the banks are all in the same camp.

“What we need in Ireland is a robust system of regulation that protects the reputation of the country as a whole and which will be good for our citizens.”

As I have said, the Regulator, Government and the banks work closely together for the good of the banks and against the interests of the country and its people. The completely one sided deal done with the banks makes this fact crystal clear.

Unlike most commentators, including politicians, who immediately and without question accepted the regulator’s opinion that nothing illegal occurred, Professor Brennan believes that Fitzpatrick could be brought to account as follows.

Breach of fiduciary duties where a director puts his own personal interest ahead of the company.

Failing to keep accounting standards by not telling the truth in his financial statements.

Moving the loan was, in Professor Brennan’s opinion, illegal.

Fitzpatrick will never be brought to account for any wrong doing.

Ulick McEvaddy, businessman:

“I’ve seen this corporate madness if you like in a media frenzy to feed off any troubles that an Irish corporation would have.”

“So these people, Sean Fitzpatrick, Bill Barrett, these guys had a different philosophy in life and they to a great extent were, with Charles Haughey, another man pilloried in the media, the architects of this Celtic Tiger.”

(Marian Finucane Show, Sun 21st Dec).

My respect for McEvaddy completely evaporated on hearing this drivel. To blame the media for Fitzpatrick’s dodgy activities is bad enough but to defend the corrupt Haughey by claiming he was a victim of a media frenzy is to expose oneself as an ignorant fool of the worst kind.

David McWilliams, Economist and author:

For some time now McWilliams has been telling all and sundry what action needs to be taken in response to the collapse of the banks. But the Government have ignored his very sensible suggestions especially his insistence that the ‘financial delinquents’ who created the mess should all be sacked.

Responding to the dodgy deal done between the Government and the bankers McWilliams uses some colourful but accurate language.

“Recapitalisation is based on the economics of Noddyland.”

“Cronyism of the highest order.”

“Sends a signal to every foreign investor that Ireland is a banana republic.”

“Stroke politics” of Congolese proportions.”

(Irish Independent).

Unfortunately, McWilliams falls down in his analysis when he concludes that Brian Lenihan must be acting under very bad advice.

McWilliams, like so many other experts and commentators, persists in assuming that the Government and the Regulator are acting in the interest of the country when it is crystal clear that they are doing no such thing.

The Government, the Regulator and the banks are all on the same side, all working to an agenda that does not include the best interests of the people of Ireland.

Pat Cox, former president of the European Parliament:

I quote Mr. Cox extensively because his views are so disturbing.

Pat Cox is a highly intelligent and vastly experienced public figure. In addition to serving as President of the European Parliament he has served as an MEP, TD and broadcaster.

It is therefore deeply disturbing to witness him in full denial mode. Effectively, Cox is saying – Nothing illegal was done, Ireland is only a minor player when it comes to financial corruption and it’s just a case of some bad judgement and lax governance.

It’s difficult to believe he’s ignorant of the fact that Ireland is the only Western democracy that protects rather than prosecutes bankers who may be corrupt.

We here at Public Inquiry could quote hundreds of cases of political, financial and government corruption in support of the Financial Times accurate conclusion that Ireland is a banana republic.

Here’s what Cox had to say on the Fitzpatrick scandal.

“You asked the question at the very beginning; what about the comments in the papers about Ireland’s reputation?

If you look at the Tsunami of toxicity and greed that we have seen from Wall Street in all of the collapses and from the City of London, Ireland, I’m not relativising here (he is) but Ireland is really not king pin in this.

So those in the Financial Times editorial board or others who would cast a stone should cast them at glass houses closer to their headquarters at home. That’s the comparative point I wish to make.

Secondly, this week, we’re not discussing for example Mr. Madoff, one of the great guru’s of Wall Street who appears somehow or another by a corrupt scheme of pyramid selling to have maintained a system that finally has collapsed possibly with a debt of $50 billion.

So again, not to relativise, (he goes on to relativise) that’s real and that’s this week and it’s not in one Irish newspaper this weekend and a missing ingredient if we want comparative analysis.

I think the issue of what happened at home is an issue that touches loads of stories this week, it’s a question about people in authority, it’s a question about judgement, it’s a question about standards, it’s a question about transparency and it runs across so many stories in our papers today.

And the question about Sean Fitzpatrick is not one about legality and illegality to do with the bank giving loans. Under Irish company law it is very clear that up to ten per cent of the net assets of a business can be under law loaned to directors. Indeed, prior to earlier this decade up to a 100% could have been loaned.

So, the law is not the issue, the issue is the quality of governance, this is someone who has been the chief executive of one of the burgeoning banking institutions of this state and subsequently since he retired in 2004 the chairman.

And in that regard hiding the loan from the shareholders of his own bank, that’s the first grievous fault before we come to the public in some general prurient or other interest that they may have in this story.

It wasn’t leveling with shareholders and I only ask the question – Why not. It wasn’t illegal as has been said so why not tell it. So, there are people in the bank who made personal judgements not only one but several that it was ok in governance terms to hide this truth from their own shareholders maybe or not from their own auditors and they did it over consecutive years and it begs the question why.

Sure, not illegal but certainly well below the standards of good judgement and good authority and confidence is one of the missing ingredients in the global banking system today and in the Irish banking system and this is another heavy weight on those whose shoulders should bear the responsibility including our regulatory system.

The cosy capitalist bit or the Irish bit that I find quite disturbing is that those who have been invited to regulate appear themselves to be asleep at the wheel and so those who are there to look out for a stakeholders interest, whoever it may be, appear to have produced a less than acceptable performance and I find it really interesting that several of the newspapers today report our finance minister Brian Lenihan as not offering directly his confidence in our regulator saying this is a matter for the board and not for him.”

(Marian Finucane Show, Sun 21st Dec).

In conclusion:

The Financial Times is correct, Ireland is a banana republic. It is a corrupt state not just because of the extent of corruption throughout every level of society but more critically because of the complete failure of state agencies, including the body politic, to take effective measures to root out the disease.

This inaction has led to the State itself becoming a corrupt entity which in turn has created an environment where politicians, businessmen and many others in privileged and powerful positions can, with supreme and justified confidence, break the law with impunity.

This is the crucial difference between Ireland and other Western democracies. When corruption is uncovered in countries like America, England and France, for example, there is an immediate and robust response from well funded, professional and independent enforcement authorities. This does not happen in Ireland.

Ireland’s reputation will continue to be damaged for so long as politicians, journalists, intellectuals, business people and the bulk of ordinary Irish citizens continue to deny the reality of the situation.

Copy to:

Brian Lenihan, Minister for Finance
Shane Ross, Independent Senator
Gina Quin, CEO of Dublin Chamber of Commerce
Institute of Chartered Accountants in Ireland (ICAI)
Irish Association of Investments Managers (IAIM)
Mary Hanafin, Fianna Fail TD and Minister for Social and Family Affairs
Professor Kinsella, UCD
Professor Niamh Brennan, UCD
Ulick McEvaddy, businessman
David McWilliams, Economist and author
Pat Cox, former President of the European Parliament
Financial Regulator

Minister Andrews and Cloyone child abuse – I don't want to know

Here’s how Minister for Children, Barry Andrews explained his part in the Cloyne child abuse scandal

Interviewer: “When did you first read this report?”

Minister: “When I received the report from the church board I simply handed it on to the HSE because that is exactly what the post Ferns scenario requires us to do, to ensure that the HSE as the child protection authority in the State investigates any concerns about child protection, that’s what I did.”

“So you didn’t read it, you passed it on.”

“That’s correct.”

“But this is part of the questioning of protocols and responses because I suppose it is a learning curve for everyone in trying to cope with the scandals but do you think that was the best way for things to be?”

“That’s the we have learned is the best way, it’s not for the Minister for Children to investigate matters, it’s not for any government minister to investigate any issue.”

“Is that not neutral to the point of detachment?”

“No, it’s not. The HSE is a state authority and it has the function of ensuring that child protection practice in the State is very good. It’s my role to ensure that the HSE are doing that job so if I get a report about child protection concerns from any authority, sporting organisation or anybody, I wouldn’t investigate, I would pass it on to the HSE who have the staff and who have the statuary function under the Child Care Act to investigate these matters.”

“Does not reading mean that you don’t know anything about it, you barely read the title on the cover and you say – I don’t want to know?”

(At this point the Minister decides not to answer the question but instead reverts to political waffle)

“What’s absolutely lost in all of this is that we had an audit already in place on the part of the HSE in relation to Cloyne, so it was an unusual set of circumstances… blah blah blah.”

It’s crystal clear from this interview that Minister Andrews does not see child protection as an important matter. He’s apparently very happy to hand over total responsibility to the HSE, a discredited, unaccountable and completely self-serving organisation, an organisation that regularly puts the lives of Irish citizens at risk.

Barry Andrews is a young politician with the likelihood of a long and prosperous career as a member of the most corrupt and irresponsible political party in Ireland. Irish citizens and in particular Irish children are likely to pay the price.

Copy to:
Barry Andrews

The essence of Irish democracy – Dead

Morning Ireland (2nd report) did a piece on the arrest of Illinois Governor Rod Blagojevich for allegedly attempting to sell Barack Obama’s vacant Senate seat.

The presenter, Cathal MacCoille (I think) expressed astonishment at Blagojevich’s sheer brass neck. The whole tone of MacCoille’s response seemed to be – How could Blagojevich think he could get away with such blatant corruption?

On Wednesday last, former Fianna Fail Councillor Michael Fahy was yet again found guilty of defrauding Galway County Council of €7,055.

Here’s a brief but truly astonishing outline of Fahy’s case.

2001/2002 – Fahy defrauded Galway County Council of €7,055. His crime didn’t come to immediate notice because the then county manager, Donal O’Donaghue, decided to deal with the matter behind closed doors. O’Donaghue has never been brought to account for his part in concealing the crime.

2004 – An FOI by the Irish Independent brought the matter out in the open and the Garda were informed.

2007 – Fahy was found guilty, sentenced to one year in jail and fined €75,000. The presiding judge described Fahy as

“An arrogant, greedy and determined fraudster”, who had “knowingly implicated” Thomas Byrne, “a totally innocent man”, leaving him open to “vilification and ruin” if the truth had not emerged.”

2007 (Sep) – Galway County Council held a meeting and decided, unanimously, to ignore the law. They all agreed to pretend that Fahy wasn’t in jail at all and further agreed to the fraudster’s request that his absence was due to “illness and his attendance in Dublin”. Fahy received his full representative pay of just over €16,600 despite spending seven months behind bars.

The law concerning Cllr. Fahy’s behaviour couldn’t be clearer.

2001 Local Government Act, Section 13.

(1) Subject to subsection (2), a person is disqualified from being elected or co-opted to, or from being a member of a local authority if he or she—

(i) fraudulent or dishonest dealings affecting a local authority.
(ii) corrupt practice.

2007 (Dec) – Fahy received a warm welcome from his fellow councillors when he attended his first meeting a week after his release from jail. At the meeting the fraudster delivered a strong speech deploring the rise in crime in recent times.

“It is just not good enough that people who are out at the shops or at Mass come home to find their houses ransacked. The people who do this sort of crime need to be caught and punished.”

His speech was greeted with enthusiastic applause. (Yes, yes, I know, but really, it’s all true)

2008 (Feb) – I’m not sure what happened next but it seems that a some point Fahy was acquitted of all charges and this prompted the DPP to re-enter the charges against the councillor.

Fianna Fail Senator Terry Leyden was very angry. This man is being persecuted for ‘doing his duty’, it’s a waste of public funds; this man has suffered enough, he should be left alone, thundered the Senator.

2008 (Dec) – Fahy was again found guilty of robbing €7,055 from Galway County Council. The presiding judge called on Fahy to ‘act with honour’ and resign adding that

“Fraud by a public representative attacks the very essence of our democracy and erodes public trust in our elected representatives,”

‘Attacks the very essence of our democracy’?

Fahy received widespread sympathy and support from local citizens and politicians and has only received minimal attention in the media.

Apart from this website and the judge, I know of no other person, organisation or official who has condemned Fahy’s behaviour.

Perhaps this is because the essence of Irish democracy has long since died.

Copy to:
Galway County Council

Chickens coming home…

Jimmy Guerin, brother of murdered journalist, Veronica Guerin was on Liveline today complaining about the high level of coverage given to the bacon crisis in comparison to the patchy coverage of Aiden O’Kane’s murder in Dublin on Sunday night.

Guerin claims that Government seems to give priority to pressure groups over those who are suffering as a result of crime, that nothing is being done, that the Government is inept, insincere and no real action is being taken to protect the vulnerable.

Guerin certainly has a good point but his argument is somewhat diluted when we recall that he’s a fanatical supporter of the corrupt Haughey, the principal architect of our corrupt and inept state.

The business to be in for a quick buck

Former Taoiseach (and professional chancer) Bertie Ahern was asked about falling shares in the banking sector (News at One, 2nd report 2nd item).

“I think anyone in shares has to look at the long run. If you’re trying to make a quick buck, it’s not the business to be in.”

That’s right Bertie – politics is the business for a quick buck.

Bertie hates 'Bertie'

Bertie is not happy with ‘Bertie’. Former Taoiseach Bertie Ahern said the documentary on his life is probably a big turn off for viewers (Irish Independent).

Figures from RTE show that 601,000 tuned in for the first episode, 594,000 for the second and in excess of 500,000 for part three – I’ll bet RTE would love ‘big turn offs like that every night.

Ahern says he hasn’t been watching the series but has been told (by one of his mafia ward bosses?) that there has been non stop coverage of his personal finances

'Bertie' 3

The ‘Bertie’ documentary continues to portray Ahern for the chancer he is. Monday’s episode reminded us of some of the lies Ahern has told in furtherance of his dodgy career.

We listened to him profoundly state that, in his view, tax dodgers should be sent to jail. We now know, of course, that at the time he wasn’t tax compliant himself.

We also heard his speech criticising those (Haughey) who would abuse public office for private gain. Fianna Fail, we were told, was now a party of integrity and high standards with no room for chancers.

We saw that for the lie it was when Ahern delivered the graveside oration for the corrupt Haughey, describing him as ‘a patriot to his finger tips.’

In the section dealing with the Good Friday Agreement Ahern told of his contacts with Tony Blair and mentioned that all phone calls were taped by the British.

He added, without a trace of irony, “we don’t tape phone calls; it’s not in our culture.”