Category: Government

Simple law enforcement; not special juries, are the solution to white collar crime

The Director of Public Prosecutions, James Hamilton, gave a very interesting interview on The Week in politics last Sunday.

He believes that expert juries are needed to tackle the rise in white-collar crime. He also spoke about the difficulties posed by the absence of a whistleblower’s charter.

The following are some of the answers he gave during the interview followed by my comments.

Why have you chosen this time to outline your views on white collar crime?

I think the whole question of financial regulation has become a very topical one and we’re obviously in an era where we’ve moved from the former idea of light regulation into a different mode. I anticipate that in the future we’re going to be seeing more files in the area of white collar crime and therefore it’s an appropriate time to look at whether or not we have the appropriate tools to do that.

The whole area of financial regulation has been topical since, at least 1979, when the criminal politician Haughey gained power and banks and other financial institutions were given a free hand to engage in criminal activity without fear of accountability.

Many countries, especially America, now regret the policy of light touch regulation and, unlike Ireland, are taking strong measures to rectify the situation.

Irish governments have always followed a policy of no regulation whatsoever, light touch regulation was and is irrelevant in the Irish ‘Wild West’ financial sector.

Practically nothing has been done to bring the financial criminals to justice and the little that has been done is nothing more than an attempt to fool the international community that Ireland is a normal, functional state.

There is no requirement for special juries, simple law enforcement will resolve the problem of white collar crime.

Why do you think a whistleblowers charter is now necessary in this country?

Essentially, a decision was made not to have whistleblower legislation back in 2007. The main reasoning behind that decision seems to have been that whistleblower legislation might cut across our system of light regulation and wasn’t appropriate given that that was the type of legislation we had at the time. I think there’s a case for looking again at that.

What? Whistleblower legislation might cut across our system of light regulation? Only a fool would put forward never mind actually believe such drivel.

The reason whistleblower legislation was rejected in 2007 and the reason it is still not even being considered is simple. If such legislation existed, the watertight protective systems set up by politicians and operated by so called regulators would fail thus exposing the criminals operating within the Irish financial sector.

Some may wonder whether our existing laws are up to the job?

Some aspects of it are quite robust. For example, in 2001, we amended our Prevention of Corruption Act and strengthened them in quite a significant way by introducing a presumption that where a payment is made to an official and that includes Ministers, TDs and Senators who makes a decision affecting a citizen that’s there’s a presumption that the money is paid corruptly.

There have been significant prosecutions under that legislation.

Significant prosecutions – who, when? I rang the DPPs office for a list and was met with the standard reply.

Oh no, Mr. Sheridan, that’s privileged information, we couldn’t possibly give that out.

When I pointed out that any such prosecutions were likely to have taken place in a public court accompanied by widespread media and public comment I was told to put my request in writing.

The letter is in the post.

Senator Ross: Still shocked after all those scandals

Once again Senator Shane Ross is shocked by the activities of greedy bankers.

His shock on this occasion was caused by the news that greedy bankers had hatched yet another sly scheme to get around government restrictions on pay and pensions (Newstalk).

The details of this latest greedy manoeuvre are not very important. It is, after all, just the latest scam hatched by greedy bankers who know they have absolutely nothing to fear from anybody.

What’s really fascinating about these events is how so called financial experts like Shane Ross can remain completely blind to the reality of the situation.

People like Senator Ross continue to believe that there is some kind of division between politicians and bankers; that politicians and regulators are acting in the interests of ordinary citizens and the good of the country.

The Senator seems to believe all this despite overwhelming evidence to the contrary.

Since the foundation of the state no bank or bank official has ever been convicted of a crime. This is despite the fact that they have been robbing their customers and the state with impunity for decades.

It is only in very recent times and only after the total collapse of the economy that some minimum actions have been taken against these people.

Senator Ross apparently believes that the establishment of a Financial Regulator in 2003 was a genuine attempt to bring law and order to the Wild West Irish financial sector when the facts point to the complete opposite.

The Financial Regulator operates under strict secrecy laws that would be seen as extreme in the former Soviet Union.

The Senator probably thinks that such secrecy laws just accidentally appeared on the statute books, he probable thinks that politicians had absolutely nothing to do with the drawing up of these secrecy laws.

These secrecy laws have just one affect – they provide total protection for the widespread criminality within the Irish financial sector, criminality that continues unchallenged to this day.

The Senator told listeners:

People don’t seem to realise that the banks are running rings around the Government.

Wrong Senator, it is patently obvious that politicians and the regulator are willing participants in a system that defends the interests of bankers at the expense of ordinary citizens and the good of the country.

Copy to:
Financial Regulator
Senator Ross

Lessons from Iceland? – Not until the Irish people learn anger

Irish Times columnist, Elaine Byrne, asks the question: Are there any lessons Ireland can learn from what happened in Iceland at the end of 2008? (Prime Time).

Very briefly, here’s what happened.

As a result of corruption and political irresponsibility the Icelandic economy collapsed resulting in severe hardship for the majority of the population.

There was an immediate angry reaction from the people which resulted in the outing of the government and an election.

One citizen said:

It’s not about the banks anymore, people need to stand up and fight for themselves, their families and for the future of their country.

An investigation into the banks, headed by an outside expert, was also initiated and is now complete. The investigation named people and they in turn accepted responsibility.

The former Icelandic Prime Minister said:

Those of us who were in power and had responsibility did too little too late, that is something I will have to live with for the rest of my life.

Ms. Byrne completed the report with the following comment:

I wonder then should we even bother having an inquiry at all. Having a proper inquiry means naming the people responsible and bringing them to account.

Nothing will happen in Ireland unless we learn from the mistakes of the past. Only then can we get to the next stage of the recovery.

Rebuilding trust is crucial for that next stage.

Allow me to answer that question.

The Irish banking inquiry is a farce; it is specifically designed to protect the guilty, there will be no accountability. I can say this with confidence because I am aware that I live in a state in which the political and administrative systems are intrinsically corrupt.

These systems are corrupt because the majority of Irish people are politically ignorant and are therefore incapable of taking unified anger against the government like the people of Iceland did against their government.

It is only with the emergence of a courageous and visionary leader(ship) that is capable of stepping outside the narrow, parochial mindset of politicians that the Irish people will see real justice and accountability.

Tragically, there is no sign whatsoever that such a leader(ship) is even on the horizon and therefore the disintegration of our corrupt republic will continue on its leaderless and therefore dangerous road to total collapse.

Mutinous Gardai win battle against Government

On Tuesday 27th April last the organisation representing rank and file members of our police force committed what the Justice Minister described as an act of mutiny when they accused the Government, Fianna Fail and the Minister himself of national sabotage, corruption and facilitating criminality.

The Minister went on to say that the remarks were

An unprecedented political intervention by a Garda representative and have no place in a modern democracy

and

No democrat could tolerate such political interventions by any member of a police force.

Garda Commissioner, Fachtna Murphy, said he was not happy and would be calling in GRA General Secretary PJ Stone and new GRA President Damien McCarthy to explain their actions.

Fianna Fáil TD Niall Collins said that the outgoing president of the Garda Representative Association, Michael Boyce, (GRA) should be removed from the force for such criticism of the Government, the Minister and Fianna Fáil.

Clearly, the development was seen as extremely serious by the Government and the leadership of the Gardai and, in a functional democracy, strong and decisive action would inevitably follow – so what happened?

On Tuesday the Minister said he was going to do nothing because the Garda responsible for the mutinous statement was the outgoing president of the GRA.

Unfortunately for the Minister the incoming president of the GRA, Damien McCarthy, said he fully agreed with the outgoing president that the Government, Fianna Fail and the Minister himself had been corrupted by years of power.

This was a reiteration of the mutinous statement and provided the Minister with another opportunity to demonstrate that he understood his responsibilities as Justice Minister by taking strong and decisive action.

Predictably, however, Ahern again abdicated responsibility by issuing a wishy-washy statement calling on the GRA to apologise to the Irish people for trying to politicise the police force

The calling in of the mutinous policemen to explain their behaviour by the Garda Commissioner was just as pathetic and ineffective.

Commissioner Murphy reminded the men that they were still Guards and therefore must abide by the rules. He said he could not tolerate political comment from members of the force.

The whole farcical, keystone cops episode was accurately summed up on RTEs News at One (4th report, 2nd item) when it was reported that no action would be taken against O’Boyce because he was the outgoing president of the GRA and no action would be taken against McCarthy because he was the incoming president.

The bottom line is clear: Representatives of rank and file Gardai have (accurately) accused this Government of corruption, criminality and national sabotage.

The abject failure of the State to refute the allegations by taking strong and decisive action can, effectively, be seen as an admission that the charges are true.

This successful challenge to the authority of the State is merely the opening shot of what is to come as our republic continues to be exposed as the fraudulent and failed entity that it has always been.

Minister for Justice accepts that his government is corrupt and treasonous

Speaking on Prime Time (1st report, 2nd item) during the week, Minister for Justice, Dermot Ahern was absolutely clear about the seriousness of the challenge posed to the Government and the State by Michael Boyce at the Garda Representative Association annual conference when he accused Minister Ahern and his government of national sabotage and more (See previous post).

If this was to happen in the army it would be regarded as mutiny, that’s the reality in relation to this.

They’re the enforcers of the law that the Oireachtas passes and they cannot delve into politics because they are crossing the line.

So what are you going to do about it?

asked Miriam O’Callaghan

I’m not going to do anything because this man is outgoing.

So there you have it. The national police force accuses the Minister and his government of national sabotage, corruption and facilitating widespread criminal activity and the Minister for Justice, the man allegedly in charge, is going to do nothing on the grounds that the routine handing over of the presidency of the GRA from one Garda to another is taking place.

This is just a pathetic excuse for doing nothing by a cowardly and incompetent Minister. Apparently, the Minister’s logic is that the outgoing president, Mr. Boyce, is being replaced by a more reasonable and loyal Garda.

Since then, however, the incoming president of the GRA, Mr. Damien McCarthy, has gone on the record as saying he agrees that the Government, Fianna Fáil and the Minister for Justice have been corrupted by years of power and he supports the (treasonous) comments of his predecessor 100% and without reservation.

The situation is now crystal clear.

The national police force is in rebellion against the State and the Government. This, in my opinion, is a legitimate stance to take against a government that has betrayed its people and the rebellion is further legitimised by the (corrupt) government’s acceptance of the situation.

Copy to:
Minister for Justice

Time to replace the old rotten republic

What Irish citizens have been witnessing for the last two years is the slow but increasingly rapid disintegration of our rotten republic.

Let me be clear, this destruction of the old republic is the most significant and most positive thing to happen since independence.

The process of disintegration was triggered by the global financial crisis which had the affect of exposing Ireland for what it really is – a corrupt state.

The most serious (and welcome) incident in this process happened yesterday at the annual conference of the Garda Representative Association when the president of the GRA, Michael Boyce, circulated a speech strongly criticising the Government, Fianna Fail and the Minister for Justice.

I do not believe I am exaggerating when I say that the speech is on a par with the Proclamation of the Republic in 1916.

Obviously, neither Michael Boyce nor the GRA are declaring a rebellion but they have thrown down a very strong challenge to the ruling power which they clearly believe (just as the 1916 rebels believed about the then ruling power) have no right to govern the Irish people.

Every word of the following extract from the speech is true and it is heartening, at last, to witness somebody stand up and publicly state the truth.

We are angry at the arrogance of a government corrupted by years of power, a government whose only agenda is to protect the economic traitors.

This government has mismanaged the wealth of the country for more than a decade by allowing our assets to be plundered and robbed by bankers and speculators.

You are making generations of Irish workers pay the price for this treachery.

You did this because bankers and speculators bought your party and in return you sacrificed the greater good and prosperity of the Irish nation for the benefit of the few who have taken their ill gotten gains and secured them in tax havens around the world.

You are truly a government of national sabotage.

Apart from a military coup, this is the most serious challenge any government could face. If the police force in the UK, France or the US made such a challenge to the State there would be an immediate and strong response.

Justice Minister Dermot Ahern said the remarks were

an unprecedented political intervention by a Garda representative and have no place in a modern democracy

and

No democrat could tolerate such political interventions by any member of a police force.

If Ahern truly believes he lives in a democracy then he has no option but to take immediate action. At a minimum, the Minister should immediately sack Michael Boyce and summarily disband the GRA.

The government cannot ignore this challenge and retain any credibility, they must respond with strong action or admit, by default, that what has been uttered is true and take their leave from office.

I passionately believe that Michael Boyce and the GRA are right in their assessment of the situation and that; sooner rather than later, this corrupt government will be thrown out of power.

It is only when the mechanisms of the old corrupt regime are completely dismantled that the people of Ireland can begin the task of building a new republic.

Minister O'Cuiv puzzled by banker's greed

When the Minister for Social Protection, Éamon Ó Cuív was asked on The Week in Politics about the €1.5 million top-up to Bank of Ireland chief executive Richie Boucher’s pension he replied:

I don’t understand why people like him who made a total mess of the banks and our economy doesn’t voluntary hand back some of what they have.

Could the explanation be that Mr. Boucher is following the example of some serving TDs, ministers and one former Taoiseach, who played no small part in the downfall of our country, continuing to draw down massive pensions in addition to a very generous salary?

Mary Harney: Once a politican of courage and integrity

At a recent conference proposing a universal health system Minister for Health Mary Harney warned against creating false expectations (RTE, 31.00).

We live in an environment where we don’t have access to additional revenue in the medium term for health just as we haven’t for other areas of public policy either.

And therefore to make recommendations that weren’t based on neutral revenue perspectives would be recommendations that couldn’t be implemented.

During the boom years when there was plenty of money around Harney could easily have put in place a universal health system that was fair to all citizens.

Instead, she enthusiastically pursued a right wing, for profit policy that has firmly established a two tier health system where those with money gain immediate access to treatment while those without, like Suzie Long, are left to take their chances.

Listening to such dishonest waffle from this politician it’s difficult to believe that she was once a person of courage and integrity, that she was a leading influence in challenging the corrupt activities of the criminal Haughey.

Lenihan, making it up as he goes along

George Hook of Newstalk Radio asked Minister for Finance Brian Lenihan how it was that in the UK bankers like Fred Goodwin of RBS were not allowed to hold on to lucrative retirement packages while failed Irish bankers walked away with millions.

Lenihan’s response was a classic make it up as you go along explanation.

I don’t know about Fred Goodwin’s case, he mustn’t have had a firm contractual position or they wouldn’t have been able to rescind it.

When the Government took control of the banks Mr. Goodwin didn’t have a finalised package.

A lot of these gentlemen have finalised packages in Ireland which were written into their contracts long before the guarantee… I’m faced with a legal brick wall.

So, Lenihan starts off by saying he knows nothing about Goodwin’s case. He then immediately contradicts himself by stating that Goodwin made himself vulnerable by not having a finalised package.

Irish bankers on the other hand, according to Lenihan, were clever in making sure they had watertight contracts and as a result he was up against a legal brick wall in regard to taking action against them.