Category: Regulatory Agencies

Groundhog Day in the West

Six One News report (8th item) Thursday 24th January.

A report by the Environmental Protection Agency has stated that nobody is to be prosecuted as a result of the recent (very serious and dangerous) water pollution problems in Galway.

The report says:

“Rather than hauling people through the courts it’s going to work to ensure that nothing like this ever happens again.”

Later, in the same report Dr. Diarmuid O’Donovan, Director of Public Health, HSE West stated:

“The report confirms that there are water supplies around the country that are at high risk, that people could be exposed to contaminated water. We could have more seriously ill people; we could even have deaths due to contaminated water.”

Let’s hear that again – The EPA couldn’t be bothered prosecuting those responsible for allowing water to become contaminated even though people are being put at risk of serious illness or even death.

Instead they’re going to work to ensure that nothing like this ever happens again.

Six One News report (15th item) Friday 25th January.

More than 30,000 people living in two West of Ireland towns have to boil their water as a result of new water contamination problems…

Copy to:
EPA

Elephant in the room

The elephant in the room.

Ahern’s tax difficulties all originate from the early 1990s.

There was an election in 2002.

Within six months of that election Ahern, by law, was required to state whether or not he was tax compliant.

If he stated he was, he has serious questions to answer.

If he stated ‘to the best of my knowledge’ I’m tax compliant and Revenue did nothing, then Revenue and Ahern have serious questions to answer.

Mafia country

Padraic O’Connor, the former director of NCB has stated that he is not and never was a friend of Bertie Ahern’s. In spite of this Ahern is adamant that they were very good friends. In effect, Ahern is calling O’Connor a liar. It’s as if O’Connor said that black is black and Ahern retorted, no; black is white.

This kind of fantasy world speak is common throughout all of Ahern’s evidence to the Tribunal. Only a fool would believe he is telling the truth and only someone from Mars would be in any doubt as to what really happened.

So why is he still the Prime Minister, why isn’t he being questioned by the police, why is it that, as sure as black is black, Ahern will never be brought to account for any of his actions?

Less than a week ago it emerged that the UK Labour Party had received large donations from a businessman using middlemen to pass on the money.

The next day there was a resignation. Three days later an opposition politician asked the police to investigate the matter. To my knowledge this has never happened in Ireland despite years of rampant political and business corruption.

Four days later the UK Electoral Commission also asked the police to investigate. The Irish equivalent, The Standards in Public Office Commission is debarred by law from initiating an investigation until it first receives a formal complaint.

This commission is a joke. The law debarring the commission from acting seems to have had only one function – to assist and protect the corrupt.

The reason Ahern will not be brought to account is because Ireland is a corrupt state. There is no authority in Ireland with the power, will or courage to bring rogue politicians or corrupt businessmen to justice.

This is why corrupt politicians like Haughey and Burke can successfully live out careers of rampant corruption doing untold damage to Ireland and its people.

It’s the reason politicians like Lorcan Allen can go on RTE and arrogantly admit that he doesn’t bother with obeying the law.

He knows with absolute certainty that nobody, no authority in the land can touch him. Allen is merely doing what any ruthless and unprincipled politician will do when he knows that the country he operates in is a corrupt entity. He allows his greed and arrogance full rein despite the massive damage done to society by his actions.

Jim Flavin of DCC possesses the same arrogant confidence that is common to those who know they are untouchable.

Found guilty (2nd item) of insider trading by the highest court in the land, a crime that sees long jail sentences in real democracies, Flavin knows he has nothing to worry about, he knows that there is no authority in the land that will take any serious action against him, he knows that the pathetic attempts by the ODCE to make him accountable are just that – pathetic.

Financial institutions and in particular the banks have robbed millions from consumers over the years. Not a single bank official has ever been questioned by the police. The banks too are supremely confident that they operate in a country where the system is specifically geared to protect their criminal behaviour.

The so called Irish Financial Regulator is a joke, it monotonously issues just one piece of advice to consumers –shop around. You want advice on buying a car, a house, a condom, a politician, the regulator has the answer – shop around.

In the meantime it enthusiastically enforces a secrecy law that forbids any consumer from knowing which financial institution is engaged in criminal activity and which, if any, is honest.

Nobody has even hinted that Ahern should resign or be fired for his behaviour. The only discussion that comes near to any possible consequences is that he might have damaged his chances of landing a job in Europe or that the controversy might damage his legacy – that’s it.

A Prime Minister who, when he was Minister for Finance, accepted very large amounts of cash from ‘friends and businessmen’ who insults the intelligence of all thinking Irish citizens with his ‘Alice in Wonderland’ explanations is not expected to resign, not expected to be accountable, not even expected to come up with a decent lie.

Let’s be absolutely clear about the situation. Ireland is not a normal country, it is not like any other Western democracy. It is a country run more along the lines of a mafia operation than a modern democratic state. It is a country where the powerful can do as they wish without the slightest fear that they will face justice.

David Cameron, leader of the UK Conservative Party speaking about the ongoing scandal said;

“There is a time in the life of every government when it slips over from complacency into arrogance, and from arrogance into even indifference for the law”.

To paraphrase him, I would say: There is a time in the life of many states when they slip over from the democratic process and become a country that operates principally for the benefit of the rich and powerful.

The corrupt Haughey began that process in the 1980s and his faithful and admiring protégé Bertie Ahern, has been successfully following his masters low standards ever since.

Copy to:

Fianna Fail
Standards in Public Office Commission
ODCE
Financial Regulator
Revenue
ISE
Dept. of Finance

Smothered in love letters from Revenue

I see the Revenue Commissioners have offered yet another amnesty to tax evaders (Sub. Req’d).

Ireland is the only country in the world that operates a policy of continuous amnesties for tax criminals, all other jurisdictions preferring the option of law enforcement.

The latest amnesty is aimed at single premium insurance accounts and was launched in 2005 when Revenue asked insurance companies to write to their customers inviting them to obey the law like everybody else. While this strategy had some success many of those involved declined the offer.

Revenue responded by issuing yet another batch of letters directly to account holders again inviting them to obey the law and promising not to prosecute if cooperation was forthcoming.

Let’s consider exactly what’s happening here. Initially a number of citizens decided to cheat on their taxes through their insurance accounts. When Revenue became aware of this widespread tax criminality they asked the insurance companies to invite the tax cheats to obey the law.

When the criminals replied with two fingers Revenue then decided to write directly, again inviting them to obey the law with promises that if they do they will avoid prosecution.

Remember this is the third occasion in which these criminals have consciously opted to break the law and they are still receiving invitations to meet their obligations.

Irish tax criminals are justified in their two finger response. Revenue has opted for the lazy and cheap option of writing letters of invitation instead of rigorously enforcing the law.

The message sent out is loud and clear – Tax evasion is well worth the risk. Even in the unlikely event of detection the only real danger involved is the possibility of being smothered in love letters from a weak and ineffective Revenue.

Copy to:
Revenue

Grotesque distortion of the English language

Michael Buckley is a former chief executive of Allied Irish Banks, an organisation responsible for the theft of millions from both customers and the State.

He is now the senior independent director on DCCs board, a board that is fully supportive of its executive chairman, Jim Flavin, who was found by the Supreme Court to have engaged in insider trading.

Buckley says that that the board’s stance is

“grounded in justice, fairness, honesty and decency”.

Words like justice, fairness, honesty and decency coming out of Buckley’s mouth in respect of these events can only be described as a grotesque distortion of the English language.

Later, he further justifies the board’s stance by saying:

“Anyone concerned for the reputation of the Irish market as a result of the affair would reach the same conclusion.”

This is a less than subtle message to regulatory agencies that if they make a big fuss about this it could make Ireland look bad internationally.

A similar strategy was employed during the DIRT scandal. Politicians, government departments like Revenue, Dept. of Finance and other so called regulatory agencies were warned that if they did anything to stop the mass criminality involved there would be a flight of capital out of the country.

This strategy worked until the only real regulatory agency, the media, got wind of the scandal.

Judging from the almost complete lack of action against DCC and Jim Flavin, it looks like the so called Irish regulatory/law enforcement agencies have again folded under pressure from the likes of Buckley.

The 'Do Nothing' strategy

Last May, Revenue Commissioners chairman Frank Daly is quoted in the Irish Times (Sub. Re’q).

“We have turned a corner as far as tax evasion is concerned, and it is important that we keep going in the right direction.”

“There was no indication of any serious area of systematic fraud or evasion within the tax system.”

In yesterday’s Sunday Independent we learn that after a Revenue trawl through just 86 accountants 52 (60%) of them were found to be underpaying tax. I just love that soft and gentle word ‘underpaying’.

Apparently, no such word exists for dodgy social welfare recipients. They are unequivocally referred to as thieves, cheats and fraudsters who do untold damage to the state and its citizens by their grasping greed

The Institute of Chartered Accountants in Ireland (ICAI) is the authority allegedly responsible for keeping accountants in line. A spokesman for the institute said they did nothing if any of its members made a settlement with the taxman as a result of ‘underpaying’ tax.

Do nothing? Yes, that would be close to the strategy of most so called regulatory agencies in Ireland.

Law enforcement in Ireland is a joke

The mosquito was focused, hungry and determined to get his fill of blood as he swooped towards the massive rump of the elephant’s rear end. Alas, all his ambitions, hopes and puffed up self importance were instantly snuffed out with one contemptuous flick of the elephant’s tail.

And so it was that Paul Appleby, Director of Corporate Enforcement, was summarily dismissed by the Supreme Court when he tried to obtain a disqualification order against certain personnel at DCC in relation to the recent insider dealing case.

The principal target of ODCE is Jim Flavin of DCC who was found guilty of insider trading by the Supreme Court last July (Sub. Re’q). One of the judges, Mr. Justice Fennelly, said;

“To trade on the use of inside information is recognised for what it is. It is a fraud on the market.”

Actually the judge is wrong. If insider trading in Ireland was recognised for the fraud it is there would have been immediate action from at least some of the many so called regulatory bodies involved.

Nobody has moved. All the so called enforcement and regulatory agencies of the state, the police, the Director of Public Prosecutions, Revenue, the Stock Exchange, The Association of Investment Mangers who allegedly oversee corporate governance in listed companies – all acting like frightened rabbits caught in the glare of a bright light.

The ODCE, in what can only be described as a laughable and pointless gesture, arrived unannounced in court to ask the judge to grant a disqualification order. The judge told him to take a hike.

Paul Appleby put a brave face on the humiliating dismissal (RTE News, 6th item).

“In dismissing my application, the issue of a potential disqualification in these proceedings is now open I have therefore achieved my primary objective in taking this application.”

I have no idea if Paul Appley lives his life under a constant state of delusion but if he thinks he is going to succeed in his aim of obtaining a disqualification order against Jim Flavin or any other dodgy character who may have been involved in this fraud, then in this regard at least, he is most certainly living a delusion.

For over three years Mr. Appleby has been trying to obtain a similar order against nine former National Irish Bank ‘characters’ who were in charge at a time when the bank robbed millions directly from customers accounts and indirectly from the State through the operation of major tax evasion scams.

Only one order has been successful and that’s because the man involved is retired, has no involvement in business and decided not to fight the case.

Mr. Appleby has also, to date, spectacularly failed (Sub. re’q) in his attempts to have the Bailey brothers disqualified. These fraudsters recently came to an ‘arrangement’ with Revenue for over €22 million.

The bottom line is that law enforcement in Ireland is a joke, a farce, especially when it comes to white collar crime.

I recently cited the case of P. Nacchio convicted in the US of insider trading. He was sentenced to six years in prison, fined $19 million and ordered to forfeit $52 he earned in illegal stock.

Now that’s law enforcement.

The cold and impartial hand of the law – mostly

I see republican Thomas ‘Slab’ Murhpy has appeared in court on alleged revenue offences. The police, Criminal Assets Bureau, Revenue and the courts all working together to make sure this citizen, who is suspected of cheating the state of about €2.5 million is brought to justice.

After all, it is only right in a functional democracy that people who cheat on their taxes should feel the cold and impartial hand of the law.

Meanwhile, that toothless tiger, the Director of Corporate Enforcement is still struggling to have the corrupt Bailey brothers disqualified from the management of any company (Sub. required) on the grounds of serious misconduct and fraud.

Last year, these corrupt businessmen made the largest tax settlement in Irish history, €22.17 million, when they came to ‘an understanding’ with Revenue.

We don’t know why the forces of the state failed to act in this instance but I would like to reassure any concerned citizens out there that it had nothing whatsoever to do with the fact that these fraudsters are major contributors to a number of political parties – the very idea!

(Previous post on this matter)

No simply answers in a corrupt system

On 23rd Oct last I received an email from the Ombudsman informing me that she had received a copy of a letter sent to me by Dublin City Council finally answering a simple question I had asked of them the previous April. The Ombudsman ends her letter as follows.

“As the Council has replied to your correspondence, there appears to be no further role for this Office in this matter and we will now close your
file.”

This brings to an end a tough campaign to extract an answer to a simple question from Dublin City Council. The following is a chronological account of events with my comments.

April 16th 2007: Irish Times reports that Fianna Fail TD for Donegal South West and Minister of State, Pat the Cope Gallagher had illegally erected a number of posters around Croke Park in Dublin. His actions were in contravention of the 1997 Litter Pollution Act.

April 18th: I phoned Dublin City Council and asked the simple question: “Was Minister of State, Pat the Cope Gallagher, fined for illegally erecting posters in Dublin city”?

Bernie Lillis, of Dublin City Council Litter Office told me that it was her personal office policy not to reveal such information about fines. The incident and its consequences were confidential, a personal matter between her office and the minister.

Ms. Lillis further informed me that she had spoken with the Minister and had accepted his plea that he wasn’t aware his actions were against the law. Ms. Lillis and the minister are, apparently, unaware of the public policy; “Ignorantia legis neminem excusat” (Ignorance of the law excuses no one).

Ms. Lillis is also obviously gullible enough to believe that a Government minister and politician of long standing would be unaware of a major piece of legislation like the 1997 Litter Pollution Act.

April 20th: I spoke with Pat Cronin head of waste management at Dublin City Council. Initially, Mr. Cronin refused point blank to answer my question. He seemed genuinely astonished that a man in his position was actually being challenged by a mere citizen.

When I persisted he eventually said that if I wanted an answer I would have to put it in writing. When I asked by what law/regulation he was basing his demand that I put my question in writing on, he just kept repeating; put it in writing, put it in writing…

This is, in my experience, a standard bureaucratic strategy based on the (correct) assumption that most people will drop their queries rather than go to the bother of putting them in writing.

April 23rd: Posted registered letter personally addressed to Mr. Cronin (Copy One below).

April 25th – 22nd May: Made numerous attempts to confirm that Mr. Cronin had received my registered letter. I met with a brick wall on every attempt.

April 23rd: Irish Independent reports that Minister Gallagher had again illegally erected a number of posters in his Donegal South West constituency.

Despite his conversation with Bernie Lillis the week before, Gallagher admitted that he hadn’t checked whether he was breaching any regulations in Donegal. Again, Gallagher is claiming ignorance of the law and, more unbelievably, ignorance of the 1997 Litter Pollution Act.

April 23 – May 23rd: Made numerous attempts to find out from Donegal County Council what action they proposed to take against Gallagher. I met with a brick wall at every attempt.

I was eventually advised that I should put my complaint in writing (All bureaucrats are, apparently, aware of the ‘make them put it in writing’ strategy).

May 23rd: Posted official complaint about Gallagher’s illegal activities to Donegal County Council (Copy Two below).

May 24th: Submitted formal complaint by email to the Standards in Public Office Commission regarding Gallagher’s illegal activities (Copy Three below)

May 30th: Posted official complaint on Gallagher to Dublin City Council.

June 27th: Posted official complaint to the Ombudsman on the refusal of Dublin City Council staff to answer my question.

July 3rd: Received email from the Standards in Public Office Commission rejecting my complaint on the basis that Gallagher’s illegal activities were not of sufficient gravity to warrant an investigation.

A Government minister openly breaks the law on two occasions and a Government agency charged with upholding standards in public office concludes that such illegal activities are not of sufficient gravity.

In a perverse way, they have a point. Irish politicians regularly commit much more serious crimes without ever being brought to account.

July 19th: Received reply to my official complaint from Donegal County Council stating that because they had received no complaint about Gallagher they had no cause to investigate the matter.

This deserves repeating – Donegal County Council rejected my complaint about Gallagher on the grounds that they had received no complaint.

July 31st: Received letter from Dublin City Council finally answering the simple question I asked on April 18th – Gallagher was not fined for his illegal activities. (Copy Four below)

I believe the only reason Dublin City Council bothered to finally answer my question was because of my complaint to the Ombudsman.

October 23rd: Received email from the Ombudsman informing me that they had received a copy of the letter sent to me by Dublin City Council in which my question was answered and were therefore closing my file.

The question can reasonably be asked: Why bother? Why go to all that trouble to force a civil/public servant to answer a simple question?

The core principle of this blog is that Ireland, unique among all other Western democracies, is a corrupt state. While all other Western countries suffer to some degree from the disease of corruption, Ireland is, as a country, a totally corrupt entity.

One of the strategies of this blog is to prove this point by asking questions of politicians and Government agencies and judge by their responses whether they have the best interests of the Irish people at heart or whether they are perhaps serving another agenda.

I want to make absolutely clear that I am not accusing any of those involved in this episode of being corrupt, what I am claiming is that they have to live, work and continuously deal with an intrinsically corrupt system.

Every other resident of this state must do the same, everybody is forced to adapt to the rotten system whether they like it or not.

Everybody has to adapt to a culture where tax evasion is endemic, where financial institutions are allowed to regularly rob their customers, where politicians are permitted to live out lucrative careers of corruption without being made accountable.

Where white collar crime is barely recognised as a crime, where nobody is ever, ever held accountable, even when people die because of gross incompetence or negligence.

Where everybody knows that arrogance, incompetence and corruption have become as much a part of our culture as St. Patrick’s Day and Guinness.

That’s why, I believe, the public/civil servants involved in this case have acted as they have. They have acted in a manner that is largely consistent with how the bureaucracy of any third rate banana republic would act when faced with the choice of enforcing the law against a law breaking Government minister or cowering in fear behind a wall of bureaucratic arrogance and officialdom.

If a politician deliberately set out to break the law in any other Western democracy there would have been widespread public anger, there would have been immediate and effective action by the authorities and that politician’s career would have been terminated on the insistence of his colleagues in the body politic.

As for Gallagher himself, he’s practically an irrelevance. A member of the most corrupt political party in Ireland, a typical backwoodsman politician who will do anything to get and hold power, including breaking the law.

A low pedigree politician following in the footsteps of a long line of low pedigree politicians who’s only distinguishing legacy will be the enormous damage they have done to the quality of Irish democracy.

Copy of this post to:

Dublin City Council
Standards in Office Commission
Donegal County Council
Ombudsman
Mr. Gallagher, Minister of State with special responsibility for Health Promotions and Food Safety at the Department of Health and Children.

(Previous posts on this matter – Here, here, here here, here, here, here

—————————————————————————————————————————-

(Copy One)

Letter to Mr. Cronin head of waste management at Dublin City Council.

23rd April 2007

Dear Mr. Cronin,

On Monday 16th April it was reported in the Irish Times that Minister for State, Pat the Cope Gallagher, had illegally erected a number of posters around Dublin.

On Wednesday 18th April I rang Dublin City Council to find out what action had been taken in response to this incident. I was informed by Bernie Lillis of the Litter Office that it was the policy of her office to keep such matters confidential.

When I asked Ms Lillis what legislation/regulation she was basing her decision on she referred me to your office.

On Friday 20th April I spoke with you on the phone and asked the same question. You refused to answer any questions on the phone and insisted I write to you on the matter. Here are my questions:

What action did Dublin City Council take in response to the illegal erection of posters around Dublin by Minister of State Pat the Cope Gallagher as reported in the Irish Times on the 16th April 2007?

If fines were imposed, what was the sum total of those fines?

Regarding the authority of public/civil servants to make personal decisions on what information will or will not be allowed into the public arena.

Does Ms. Lillis of the Litter Office have the authority to form a personal office confidentiality policy which results in information being denied to the public? If she has this authority, on what regulatory basis does her power rest?

Do you, Mr. Cronin, have the authority to refuse to answer my specific questions regarding the specific events surrounding the illegal erection of posters by Minister of State, Pat Gallagher? If you do have that authority, by what regulatory basis are you acting?

Do you have the authority to refuse to answer my questions on the phone and insist that the matter can only be dealt with in writing? If you do have that authority, by what regulatory basis are you acting?

In today’s Irish Independent (23rd April) it is reported that Minister Gallagher has again erected illegal posters in Donegal. From the report it seems that they are the same posters that were illegally erected in Dublin and which, according to Ms. Lillis, were returned to Minister Gallagher.

Does Dublin City Council have a policy of rendering posters unusable before returning them to lawbreakers? (A quick daub of paint is all that would be required to protect other jurisdictions from rogue politicians like Minister Gallagher).

My motive for requesting this information is simple. I am an anti-corruption campaigner. I do not belong to any political party but act out of anger at the enormous damage being done to Ireland by the disease of rampant corruption.

As part of my campaigning I write a blog at https://www.publicinquiry.eu/ where Irish corruption is reported and analysed.

Obviously, the irresponsible and illegal activities of a Government Minister and the apparent inability/unwillingness of any state authority to bring him to justice are reported on the blog.

Yours in anger

Anthony Sheridan

(Copy Two)

Official complaint to Donegal County Council.

23rd May 2007

To Whom It May Concern,

Subsequent to several phone calls and on the advice of Donegal County Council staff I hereby submit this official complaint regarding a breach of the Litter Pollution Act, 1997.

On Monday April 23rd 2007 it was reported in the Irish Independent that Minister of State, Pat the Cope Gallagher, had mounted posters on poles on routes out of his Donegal South West constituency. It is further reported in the same newspaper that the said minister admitted that he had not checked whether he was in any breach of regulations.

I can confirm that when the minister erected illegal posters in Dublin city a number of days before his actions in Donegal he was informed by Dublin City Council that the erection of such posters was an illegal act.

In other word, when the minister erected the posters in Donegal he was aware that he was committing an illegal act. This information can be independently confirmed by contacting Ms. Bernie Lillis at Dublin City Council litter office (01/2224243).

I request an acknowledgment of this official complaint and I would be grateful to be informed of the outcome of any investigation.

Yours sincerely

Anthony Sheridan

(Copy Three)

Formal complaint to Standards in Office Commission

24th May 2007

To Whom It May Concern,

I wish to formally lodge a complaint under the Ethics in Public Office, Acts 1995 and/or the Standards in Public Office Act, 2001.
The complaint concerns the illegal erection of posters by Minister of State Pat the Cope Gallagher in Dublin and Donegal.

The first incident, as reported in the Irish Times on April 16th, involved the illegal erection of posters around Croke Park in Dublin. According to the report, Minister Gallagher openly admits that he organised and participated in this illegal act.

The second incident, as reported in the Irish Independent on April 23rd, involved the illegal erection of posters on poles on routes out of the ministers Donegal South West constituency.

In respect of the first incident in Dublin, I have been informed by Ms. Bernie Lillis of Dublin City Council Litter Office (01/2224243), that she informed the minister that his actions were illegal. According to Ms. Lillis, the minister apologised for his actions but claimed he did not realise he was breaking the law.

By claiming ignorance of the law the minister is asserting that, as a citizen, an elected representative and a government minister, he was unaware of the Litter Pollution Act, 1997, a piece of legislation that attracted widespread comment and analysis by the general public, the body politic and the media.

He is also asking the nation to accept that claimed ignorance of the law is a justified and reasonable defence.

It is reasonable to assume that minister Gallagher knew or should have known that he was in breach of the Litter Pollution Act, 1997 when he erected the posters in Dublin and was therefore acting in an irresponsible and unethical manner.

Because of the information he received from Bernie Lillis, it is an absolute certainty that minister Gallagher knew he was breaking the law when he illegally erected posters in Donegal some days after the Dublin incident.

By deliberately setting out to break the law of the land, it is clear that the minister is in serious breach of the Code of Conduct for Office Holders as outlined by the Standards in Office Commission (Office Holders), sections 1.3 Requirement to observe the Code of Conduct, 1.4 Principles of Ethical Conduct and 1.5 Highest ethical standards to be applied at all times.

Yours sincerely
Anthony Sheridan

(Copy Four)

From Dublin City Council

Dear Mr. Sheridan

I refer to your letter of 23/04/2007 and apologise for the delay in replying, which was due to oversight.

On 15/04/2007 Dublin City Council staff removed posters carrying the name, “Pat the Cope Gallagher” which had been erected on it’s (sic) property, (public lighting poles).

Subject to stringent conditions, Dublin City Council occasionally gives permission for the erection of posters on it’s (sic) property, but no application was received in respect of these posters. They were removed for disposal but Mr. Gallagher claimed not to have known of Dublin City Council’s policy and the posters were returned on the understanding that there would be no further breach of that policy. In the circumstances no further action was taken.

Where fines are issued under the Litter Pollution Act 1997, Dublin City Council will disclose general details, but not personal information, pending possible prosecution and court hearing. This is in line with the principle of presumed innocence until proven guilty. In this instance no fine was issued and details of discussions held with Mr. Gallagher were regarded as confidential and not disclosed. This policy applies equally across the board.

Mr. Cronin requested that you put your various questions in writing. This was to enable a reasoned and accurate reply to issue, which he felt he wasn’t in a position to do in a phone conversation. In the circumstances the request was reasonable.

Again I would like to apologise for the delay in replaying to your queries, but if there are any issues you would like to discuss further please contact me as above.

Signed
Niall O’Keeffe
A/Senior Executive Officer

Protecting the vultures

On July 13th last I wrote about the many excuses given by the Financial Services Ombudsman, Joe Meade, to avoid identifying the greedy vultures that infest the Irish financial sector. Joe added one more excuse today on RTEs News at One (5th item).

The latest case involved an 86 year old farmer. The man had just sold his farm for €1.4 million and was advised by his bank to invest in two long term insurance bonds. The capital was guaranteed provided they were kept in for four and six years.

The man died seven months later by which time the bonds had dropped by €50,000. Joe told the bank that it was inappropriate to sell these bonds and directed that the €50,000 be refunded.

Hilariously, Joe appealed to the banks to look into their hearts and review all accounts to see if they are appropriate.

When asked why he won’t name the low life bank, Joe said he didn’t have legal coverage.

Let’s remind ourselves of the extensive legal powers that Joe does have. He has the power of entry and seizure, he can require employees to provide information under oath, he can enter premises and demand documents and the High Court is the only external party that can overturn his decisions – but yet, according to Joe, he doesn’t have the simple legal power to name the vultures. The obvious question is – Was this a deliberate omission when the legislation was being drawn up?

Bizarrely, Joe justified his stance by reference to a recent High Court decision that went against him on a matter completely unrelated to the ripping off of the elderly.

So what hope does Joe offer the many vulnerable customers out there that his office is allegedly protecting?

Well, he wants to start a public debate on the matter. Just think about that suggestion, a public debate on whether the financial vultures that prey on the elderly should be named and shamed.

Joe then suggests that perhaps the Minister for Finance and the Dail could pass legislation on the matter. Let’s see; public debate and then action by a Government minister and the Dail, give it about ten maybe fifteen years. Meanwhile, the greedy vultures continue to enjoy the great benefits of state protection.

The reality is that, from a consumer point of view, the Financial Services Ombudsman is a useless organisation. It operates on the same basis as the equally useless Financial Regulator.

When the financial vultures are caught picking over the bones of a customer’s account they are merely required to pay back their ill gotten gains. No police, no fines, no names.