The exposure of a corrupt state

Even if Fitzpatrick deigned to appear before the Economic and Regulatory Affairs Committee it would make no difference whatsoever, the committee has no power. It was set up after the 1997 general election for the same reason that all Dail committees are set up – jobs for the boys.

None of the 30 or so Dail committees have any power. They are nothing more than cash machines granted to politicians to keep them on side with their parties. They also serve the useful purpose (at least until the present global crisis) of giving the impression that the State is serious about bringing white collar criminals to account.

Politicians are most proud of the Public Accounts Committee (PAC); they waffle on endlessly about the great work done in bringing banks to account over the DIRT scandal. It is, of course, just that – waffle.

The banks only paid back a fraction of the countless millions they robbed from the State in that particular mafia scam and, in keeping with that great Irish tradition, not a single bank or official was investigated by the police never mind actually charged with a crime.

Here are some other so called regulatory agencies that, in theory, are charged with protecting the State and its citizens.

Financial Regulator: This organisation has never taken any serious or effective action against the widespread criminality within the Irish financial sector. The Financial Regulator by its actions and particularly by its inactions, in effect, acts to as a protector of wrongdoers. The Financial Regulator is exempt from the Freedom of Information Act and operates under strict secrecy laws.

Tribunals: Tribunals are useful in uncovering the vast amount of sleaze and corruption that infects Irish public and business life but they have no power whatsoever to prosecute, this is not an accident.

For example, politicians, quite deliberately, introduced a law that prevents any evidence given to a tribunal from being used by the police in any subsequent criminal investigation.

If such an investigation were to take place, (highly improbable) the police would have to start off from scratch ignoring the vast amount of evidence gathered, under oath, by the tribunal. This law didn’t just fall out of the sky.

Comptroller and Auditor General: The C & AG reports once a year invariably highlighting very serious incompetence, waste and often corruption within government departments. He has no power whatsoever to take matters any further, his only ‘power’ is to make recommendations.

Irish citizens are then subjected to the farce of seeing powerless Dail committee members rant and rave about the action they’re going to take to put a stop to all this incompetence, waste and corruption before collecting their expenses and settling down until the next C & AGs report where the whole farce is repeated.

In common with Dail committees and tribunals the C & AG is also useful for giving the impression that the State is actually serious about dealing with the disease of corruption.

From time to time, usually when media pressure is making politicians sweat over some scandal, the C & AG is called in to conduct a ‘special’ investigation. Again, the C & AG has no power to act on his findings; he just publishes his report and makes recommendations.

Recently, the C & AG carried out one such special investigation into the Irish Greyhound Board – Bord na gCon.

Despite uncovering irrefutable evidence of very serious corruption the C & AG concluded:

“In my annual audits of Bord na gCon I have satisfied myself that the broad framework of financial administration and internal control was appropriate.”

“In general the funds of Bord na gCon were properly applied.”

These conclusions came as a great relief to the board of Bord na gCon and, I’m sure, to politicians who could now claim that all was well and no action was required. Incidently, nobody thought it the least bit odd that the C & AG is also the auditor for Bord na gCon.

Office of Corporate Enforcement: In reality, the ODCE is a toothless tiger with a fancy title and, in the main, deals with minor wrong doing by company directors.

The office is seriously understaffed, under funded and possess only weak law enforcement powers. Apart from fines, the most common punishment meted out is a ban on practicing as a company director for a number of years.

But like tribunals, Dail committees and the C & AG office, the ODCE acts as a very useful mechanism whereby allegations against very powerful people can be channeled away from public attention and, more importantly, away from the (remote) possibility of criminal proceedings.

For example, the ODCE, ‘processed’ the people responsible for the very serious fraud at National Irish Bank. These people received nothing more than a slap on the wrist.

Two of the biggest tax cheats in the history of the State, the Bailey brothers, are also being ‘processed’ by the ODCE. The very best we can hope for is that these two gentlemen will be banned from acting as company directors for a couple of years. In other words, another slap on the wrist.

The ODCE has also taken the infamous Jim Flavin of DCC under its gentle wing. The highest court in the land, in a civil case, found that Flavin had committed fraud on the stock exchange to the tune of €83 million. But (lucky) Jim will be treated kindly by the ODCE with perhaps, yes, a gentle slap on the wrist before being sent on his happy and very rich way.

And let’s remember, it is the ODCE that will be ‘processing’ the Anglo Irish/Irish Life and Permanent fraud. Politicians are falling over themselves to assure the Irish people that this is the organisation that will bring these people to account.

Let me say right now, unless there is an actual revolution in the way white collar crime is dealt with in Ireland these people, Sean Fitzpatrick and all the rest will never, ever be brought to account.

The structure and operation of all so called regulatory agencies in Ireland are, effectively, designed to avoid bringing the corrupt to account. Whether it’s by strict secrecy laws, a lack of power, a lack of resources or a deliberate policy of protecting the rich and powerful the consequences are always the same for Ireland and its people – disastrous.

There is, however, some hope. The political, business and bureaucratic reaction to the Anglo Irish Bank/Irish Life and Permanent scandal is nothing more than a desperate scramble to prevent the international community from finding out just how rotten the Irish system really is.

They are unlikely to succeed as the global crisis continues to expose Ireland as the most corrupt country in the Western world.

In the long run that can only be a good thing for Ireland and its people.

Copy to:
All relevant Dail committees
Fianna Fail
Government Press Secetary
Financial Regulator
ODCE
C & AG

No comment required

Texan billionaire Sir Allen Stanford has been charged over an $8bn investment fraud.

The Securities and Exchange Commission (The American equivalent to our Financial Regulator) said the financier had orchestrated “a fraudulent, multi-billion dollar investment scheme”. The charges against Sir Allen followed a raid by US marshalls on the Houston, Texas, offices of Stanford Financial Group.

David Mills has been sentenced to four and a half years in jail after an Italian court found the British tax lawyer guilty of accepting a bribe of about £400,000 from Italian Prime Minister Silvio Berlusconi.

Note: Police, charges, courts, and jail.

Meanwhile, Irish authorities are thinking of asking the Dail for permission to compel Sean Fitzpatrick to appear before a completely powerless Dail committee where he can refuse to answer questions concerning allegations of massive fraud.

The slide into oblivion continues

Enda Kenny has called on (invited?) the board of the Financial Regulator to resign.

John Gormley has promised that the bankers will go to jail and that Ireland will have the most comprehensive regulatory system in the world.

IBEC Director General Turlough O’Sullivan said he believed bankers were guilty of greed and criminality and should be made to face the consequences.

Brian Cowen has also said that justice will be done, that rogue bankers will be brought to account.

It’s all about sending messages to the international community to convince them that Ireland is not the corrupt banana republic it really is.

But methinks the gentlemen are a mite too late – about 50 years too late. The game is up; the international community can see exactly what we are.

But maybe, just maybe, there’s hope. If these gentlemen, somehow, miraculously, managed to see the reality of the situation they might realise that the absolute minimum action required is as follows.

The immediate sacking and arrest of the entire board of the Financial Regulator (Even if only for the optics).

The immediate arrest of former Financial Regulator, Patrick Neary, and the cancellation of his grotesque pay off.

The immediate arrest of Sean Fitzpatrick, Gillian Bowler and Denis Casey on suspicion of fraud (Economic treason could be added later).

This is the absolute minimum signal required if Ireland is to have any hope of convincing the international community that we are serious about rooting out the rot that has infected our country for decades.

There is, of course, no hope of this happening because these gentlemen live in a fantasy world where they genuinely believe that Ireland is a normal democratically accountable state.

The slide into oblivion continues.

Justice – At some point in the far future

Daniel McConnell has a very good analysis of the Anglo Irish Bank/Irish Life and Permanent fraud in today’s Sunday Independent.

Here’s a snippet that gives us a clue as to how far Ireland is away from taking real action against white collar criminals.

“The regulator said the transactions were “completely unacceptable” and that its investigators have been asked “to complete their work as a matter of extreme urgency”. Then the Director of Corporate Enforcement confirmed that Irish bankers could face jail and that actions by senior people in Anglo Irish Bank appear to be “illegal.”

‘A matter of extreme urgency’ for an Irish regulator would be about, mmm…let’s see, about ten maybe fifteen years.

In a real democracy there would be no ‘could face jail’ or ‘appear to be illegal’. Handcuffs would have been applied immediately.

How business is done – in a banana republic

Lenihan says he didn’t tell Cowen about the €7 billion transfer from Irish Life and Permanent into Anglo Irish Bank so that covers Cowen.

We’re told that officials didn’t tell Lenihan about the relevant sections of the Price Waterhouse Cooper report so that covers Lenihan.

The officials are anonymous and unaccountable so that coves them.

If the pressure becomes too much a token official will be asked to retire with a lotto sized pension and golden handshake.

If that official possesses sensitive information he will be give a massive bribe to keep his mouth shut – just like the €202,000 bribe given to former Financial Regulator, Patrick Neary.

This is exactly how government business is done in a banana republic.

National Consumer Agency – No power but great bonuses

Recently I had cause to ask some questions regarding property management companies on behalf of someone who is being ripped off by one of these mafia outfits.

I first checked out the website of the National Consumer Agency and came across the following on a question and answer pamphlet.

Are property management companies regulated?

No, property management companies are not regulated. However, the Government plans to introduce a law to set up a national property services regulatory authority in late 2007

(Yes, that’s 2007).

I next rang the NCA to make further enquiries and spoke to an obviously embarrassed spokesperson.

“Does the NCA have power to act against the mafia management companies?”

“No.”

“Has the Government introduced that legislation yet?”

“No, it’s still under consideration.”

“What government agency can a citizen approach to get action on these people?”

“The nearest you would get to a regulatory body would be the Private Residential Tenancies Board.”

“Do they have power over management companies?”

“I don’t think they do.” (So, he may just as well have recommended the Boy Scouts or The Legion of Mary).

“So, in effect, there’s no authority in the land with power to act against mafia management companies.”

“No.”

“What advice do you have for the many thousands of citizens being ripped off by these people?”

“Well, they could contact the Free Legal Aid Centre to check the legal situation.”

With immense self control I managed to politely thank the spokesperson and hung up.

But hey, it’s not all bad news. The head of NCA, Ann Fitzgerald, has just been paid a performance related bonus of €24,300 on top of her grotesque salary €186,891.

I say grotesque because, clearly, Ms. Fitzgerald has little interest in the welfare of those she is charged to protect.

For example, her organisation has a policy of not prosecuting car dealers found to be clocking cars. Despite the fact that this practice puts the lives of consumers at risk the NCA is of the opinion that such prosecutions would be too protracted.

(Cynical consumers could be forgiven for thinking that such prosecutions are avoided in order to keep the ‘performance related bonuses’ kitty in a healthy state).

Instead, criminal car dealers are politely asked to sign a formal undertaking not to clock cars again.

I can just see it now, ruthless car dealers all over the country throwing darts at their formal undertaking as they continue, with impunity, to put the lives of consumers at risk.

Copy to:
NCA

Who will be the next Financial Regulator?

The Government hasn’t yet announced who will replace Patrick Neary, the incompetent Financial Regulator, who will retire with a lottery sized golden handshake and a massive pension later this week.

While it’s very difficult to predict who the replacement will be I would put money on the present Consumer Director and (I think) acting regulator Mary O’Dea.

The Government might see the appointment of a woman as a ‘radical’ move in addition to the fact that O’Dea is the only senior director that doesn’t have a Central Bank background.

Consumers, however, shouldn’t get too excited if indeed O’Dea is appointed. She’s just as ruthlessly committed to protecting the vermin that infest the financial sector as all previous regulators.

Prime Time carried out a sting operation last May in which they exposed serious mis-selling to the elderly by a number of financial institutions.

According to Ms. O’Dea there was no evidence to suggest there was a widespread problem across the industry but according to the Financial Ombudsman, Joe Meade, the practice is a serious problem.

When O’Dea was asked if the regulator’s conclusion that there wasn’t a serious problem was based on self reporting by the financial companies she said.

“It was based on asking companies at a senior level to examine their files and to look at the details of what they had on a control basis.”

So, the Prime Time undercover sting operation reveals very serious mis-selling and the experiences of the Financial Ombudsman also points to a very serious problem, but the regulator, who politely asks the financial institutions if they’re doing anything wrong, concludes that there’s no serious problem.

That’s the level of ‘regulation’ we can expect if O’Dea is appointed and, to be fair, it will be the same no matter who is appointed to the lucrative position.

Copy to:
Financial Regulator

Serving their masters

The board of the Financial Regulator gathered today to lie through their collective teeth about how they dealt with Sean Fitzpatrick’s dirty little secrets. Outgoing boss Patrick Neary was asked just one question by the useless gaggle of politicians pretending that they have power to actually bring these people to account.

Chairman of the board, Jim Farrell, far from apologising to the Irish people instead expressed regret that Neary was going. Farrell then went on to tell us that changes had been made in the way business was being done, more changes were on the way, a more intense form of regulation is the new game in town apparently. Of course it’s all just waffle to keep the peasants happy until something else distracts their attention.

The useless politicians seemed to be very well informed on how bad things are at the Financial Regulator. Fianna Fail Senator Geraldine Feeney called the board a pack of liars, her colleague FF TD Joe Behan also claimed that somebody was lying over the infamous letter. This letter, by the way, was a denial by Anglo Irish Bank that anything was wrong and its ‘misplacement’ brought to a complete halt the entire investigative powers of the Financial Regulator – apparently.

Other politicians said the regulator was not fit for purpose and there was a general call for resignations. Of course, the unaccountable board told the useless politicians to take a hike, that they had no intention of resigning.

Dermot Quigley former Chairman of the Revenue Commissioners, another state agency that doesn’t believe in bothering bankers too much when it comes to the law, was in charge of the internal ‘investigation’.

Hilariously, he said the Irish regulatory system was admired all over the world for its effectiveness, perhaps he meant by the mafia? Our system is a principles based system which means trusting bankers to do the right thing with a minimum of supervision.

Here’s the brutal reality:

Ireland is a country where serious criminal activity is a common, integral and fully accepted part of the business and political systems.

The administration of the country is deliberately set up to cater for this criminal activity. It’s no accident that Oireachtas committees have no power whatsoever; it’s no accident that tribunals have no powers whatsoever; it’s no accident that agencies like the Financial Regulator operate under Soviet style secrecy laws, it’s no accident that agencies like the ODCE and are massively under-funded and under-staffed.

Politicians, civil servants and legal professionals all sat down at one time or another and made conscious decisions that that was the way things were going to be done.

That’s why we here at Public Inquiry can so easily predict the outcome of scandals. It was obvious from day one that Jim Flavin was never going to be brought to account and he never will be. Similarly, neither Sean Fitzpatrick nor the chancer Bertie Ahern will ever be brought to account.

Nothing will change at the Financial Regulator, a new regulator will be appointed and he will continue to do exactly what Patrick Neary did so faithfully for so many years – serve the interests of the financial institutions, even when they engage in criminal activity, at the expense of the Irish people and the good name of our country.

Copy to:
Financial Regulator
Joint Committee on Economic Regulatory Affairs

Neary: A pathetic and cowardly civil servant

We here at Public Inquiry have always treated the so called Financial Regulator with well deserved contempt. It’s an organisation that claims to work in the best interests of the consumer but in reality does no such thing.

The ‘Wild West’ financial sector of Ireland is, by far, the most corrupt in the Western world and yet not a single institution or individual has ever been investigated, never mind actually charged, by the police.

But the financial tsunami sweeping the globe has had the positive effect of stripping away all the bluff and bluster that covers the rot at the core of Irish financial regulation. The international community is beginning to see Ireland for what it really is, a corrupt banana republic pretending to be a modern democratic state.

Sean Fitzpatrick’s dirty little secret is just the latest example of how rotten the whole system really is and Neary’s ‘the dog ate my homework’ excuse for the debacle is a pathetic example of a cowardly civil servant rushing to protect his generous pension and massive golden handshake.

“So far as I am concerned, I was not advised of any such matters in early 2008 and there has been no oral, written or e-mail escalation of these issues to me or to the authority over the period until the matter was raised with me by the Minister on 10th December, 2008,” (Irish Times).

For good measure Neary throws in the by now standard missing letter/file and pressure of work excuses. The committee that ‘investigated’ the scandal made the usual mindless recommendations about reviewing staff requirements and examining loans to directors in more detail.

So, can the people of Ireland finally expect protection from the vermin that infest the financial sector when the new Financial Regulator is appointed? No, because the political system that created the financial regulatory system is itself corrupt and, as has become abundantly clear in recent times, does not act in the interest of the people.

Copy to:
Financial Regulator

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