Professional Documents
Culture Documents
Dear Everyone,
RE: THE JUNE 20th 2012 TO APRIL 8th 2017 PERIOD OF NO CHANGE IN
GOVERNMENTS' "CORRUPTION & IMPUNITY" POLICIES
The text in the sections below is from a FACEBOOK publication of earlier today (April 26th
2017), which was prompted -- in part -- by the following recent www RT publication titled:
"UK risks being wiped off the map with nuclear counterstrike Russian senator"
The original of the April 26th 2017 associated FACEBOOK publication referred to above can
be viewed via the following www link:
http://www.humanrightsireland.com/FirstMinisterArleneFosterMLA/26April2017/Gmail.html#FACE
BOOK
The results of a hundred days: credit to the white house has called trump "the isolation of
Russia in un"
The President of the United States, after several years of failed diplomacy opposed to
countries that threaten national security, stated in the certificate of the white house
" of course, about any isolation not Russia and speech, and in the white house can't
understand that it's at all possible. In Essence, the credit for the new president of the United
States puts the different is that for the first hundred days in office he didn't do any real step to change
for the better of the Russian-American relations.
Today, at least we have, in Russia, no one asked: " who are you, Mr. Trump?, (question) which still
retain a certain degree of relevance in February, after thirty days after the inauguration of the president
of the United States. Then still had hope for joint actions of our two countries in the fight against
radical Islamic terrorism. But American missile strike on Syria dispelled them almost completely. The
situation in the middle east, as in the world as a whole, has become even more unpredictable.
Donald Trump not only failed to overcome antirossiyskiy trend of us foreign policy, a hard-won, he
inherited from the previous administration. He wasn't trying to do it. Now is not an exaggeration to call
him "Great Catholic than the Pope" - on the part of the anti-Russian sentiment Donald Trump will give
a head start even his predecessor.
My prediction for the future is not optimism: could be worse
Elections in France: the first tour-preliminary results
" the ex-Minister of economy of France Emmanuel Macron and the leader of the " National
front " Marine le pen the preliminary results came out in the second round of the presidential
election in France.
Elections in France, showing the latest range of views of the electorate, in general, have
shown that in many western countries, a trend which can be described as too fragmented
society. It's about a significant weakeningthe social, cultural and other integrators. In my opinion,
it's too early to argue that this trend is definitively established, having replaced the globalization, but
not to see her already can't.
It is obvious that the second round of makrona have more chance of winning than le pen. Now many
losers candidates called on its supporters to vote for him.
Nevertheless, macron is unlikely to become a president who will unite the France. Alas, time
ispolinskikh figures such as general Charles De Gaulle, looks like it's been in the west of the
permanently
https://scontent-frt3-1.xx.fbcdn.net/v/t42.9040-
29/10000000_301820193605252_58466221569343488_n.mp4?efg=eyJybHIiOjgwMSwicm
xhIjo0MDk2LCJ2ZW5jb2RlX3RhZyI6Im1kX3NkIn0%3D&rl=801&vabr=445&oh=635983098e
c097dc833cda67f7188410&oe=59060BE2
Yours respectfully,
William Finnerty
===
Dear Dr Jeffers,
Thank you for your letter dated June 7th 2012, which I received on June 13th.
I have placed a scanned copy of your June 7th 2012 letter to me at the following Internet
location:
http://www.humanrightsireland.com/DrAnneJeffers/19May2012/RegisteredLetter.htm#Letter7June20
12
Thank you also for the appointment you have kindly arranged for June 25th 2012.
In connection with the meeting you had with Margie (my half-sister) and Gerald (my brother)
on June 6th 2012 I have placed some notes -- compiled (by me) and signed by Marjorie and
Gerald on June 10th 2012 -- at the following location:
http://www.humanrightsireland.com/DrAnneJeffers/19May2012/RegisteredLetter.htm#Notes6June201
2
=========================
Provided you are happy to do so, the main issues I would like to discuss with you on June
25th 2012 are as follows:
1) Can you provide me with a supportive letter which will enable me to get legal
representation of the kind which recognises the factual existence of national and international
legislation based on the United Nations Universal Declaration of Human Rights, and which is
willing to use such legislation on my behalf?
Please note that Gerald and Marjorie have informed me that they both think you will STILL
not be willing to try to provide me with help of this kind, based on statements apparently
made by you at the June 6th 2012 meeting which they have discussed with me, and as
related in the above-mentioned meeting notes which I compiled on June 10th 2012.
..........
2) Can you provide me with a supportive letter which will enable me to receive reparations in
connection with the C-PTSD (Complex-Post Traumatic Stress Disorder) injuries I have
received as a result of extremely serious crimes committed against me "at the hands of
individuals and bodies and public officials" (Dr Michael McCavert's words) -- with impunity
over a period of several years -- by the Republic of Ireland Government, and by the
Government of the United Kingdom & Northern Ireland, in connection with my ongoing efforts
to challenge unconstitutional activities (which include unconstitutional legislation) in the
Republic of Ireland, and in the Republic of the United States of America? Further information
relating to these extremely serious, and indeed treasonous matters, which involve a set-of-
five registered letters posted by me on April 25th 2008, and another very closely related set-
of-three registered letters posted by me on May 9th 2008, has been placed at the following
Internet locations marked a) and b) just below:
a) http://www.humanrightsireland.com/PrimeMinisterAhern/25April2008/Email.htm
b) http://www.humanrightsireland.com/PrimeMinisterCowen/9May2008/Email.htm
..........
3) Can you provide me with a supportive letter which will enable me to receive the backlog of
unpaid old age payments due to me since March 16th 2011, which at the present time, I
estimate to be approximately 14,300 Euros? I am also owed an additional 5,700 Euros
approximately in connection with "unpaid disability allowance" which fell due before I made
my March 16th 2011 pension application; which, like the old age pension payments, are
being withheld for absolutely no good reason whatsoever that I know of. Further information
relating to these issues can be found at:
http://www.humanrightsireland.com/SWSO/Longford/Letter16March2011.htm
Please note that unless I receive these two payments (totalling 20,000 Euros or thereabouts),
which are already long overdue for the most part, I can see no hope of I ever being able to
return to my now semi-derelict home in New Inn village. Please also note that the present
state of "semi-dereliction" I refer to here is the direct result of I having to spend two lengthy
periods of time (totalling approximately four and a half years) living in "forced exile" outside of
the Republic of Ireland jurisdiction: because that was the only way I could protect myself from
being corruptly criminalised (and possibly imprisoned) in connection with my efforts to
challenge unconstitutional legislation: in circumstances whereby I could not find any legal
representation of the kind referred to at 1) above.
..........
4) Margie and Gerald related to me that you expressed the view at the June 6th 2012
meeting that I was "paranoid" regarding the matter of I feeling unsafe about presenting myself
to a hospital consultant for the surgical procedure connected with the now long-overdue
prostate cancer screening test I should have had over four years ago. My lengthy research
suggests that it is hypervigilance (a common symptom of untreated, or unsatisfactorily
treated C-PTSD injuries) -- and not paranoia (a mental illness) -- connected with all of the
accumulating and unresolved problems I now have, as a result of the C-PTSD causing
injuries I have already suffered "at the hands of individuals and bodies and public officials"
(since 1998), and, the prospect (as I see things) of still more such injuries to follow if I am not
careful to do all I reasonably can to avoid hospital consultants of the Dr Thomas Foster kind:
who, once he discovered I was trying to defend myself against government crime, and as I
have already informed you, very recklessly added to my C-PTSD injuries by arranging to
have me suddenly thrown out of Tyrone and Fermanagh hospital: at a time when I was
suffering very badly with the C-PTSD injuries I had entered the hospital with some days
earlier: psychological injuries which were directly connected with the psychopathic Money
Power criminal activities of the kind referred to directly further down this e-mail text. Perhaps
we can briefly discuss this matter again? Further information relating to my research on the
paranoia/hypervigilance issue can be found in the e-mail text dated April 4th 2012 (which I
copied to you) at:
http://www.humanrightsireland.com/UnitedNations/4April2012/Email.htm
=========================
I feel I should mention that Northern Ireland Senior Social Worker Gerry Madden paid us
(myself, Marjorie, and Gerald that is) an unexpected visit on June 8th last. In the course of
conversation relating to the growing set of family difficulties that myself, Gerald, and Marjorie
are experiencing, the name of Declan Harney (Psychiatric Nurse) was mentioned; and, at
Gerry's request, Marjorie gave Declan's phone number to Gerry. My understanding is that
Gerry plans to contact Declan sometime this week. Further information relating to this set of
events can be found at the following location:
http://www.humanrightsireland.com/GerardMadden/15June2012/Email.htm
As you may already know, and for the purpose of trying to keep you updated regarding my
situation in advance of the June 25th 2012 appointment you have arranged for me, I have
sent you a set of six e-mails since June 11th last (using the Health Service Executive e-mail
address). I have also placed copies of the six e-mails in question at locations 376, 377, 379,
380, 383 and 385 of the list at the following Internet location:
http://www.humanrightsireland.com/IrishLegalProfessions/11August2011/Email.htm#Bottom_of_List
With reference to the most recent of the set of six e-mails referred to in the paragraph above,
the one dated June 18th 2012 that is (which is item number 385 on the list), please note that I
have very briefly attempted in that particular e-mail to outline my reasons for believing that it
is a group of "Money Power" psychopaths -- with vastly excessive, completely inappropriate
(from the viewpoint of genuine democracy), and highly dangerous amounts of "behind the
scenes invisible government" type political power, which enables them to commit an
extraordinarily wide range of extremely serious crimes against humanity as a whole,
throughout the whole of society (from top to bottom), and to do so with complete impunity --
who are primarily responsible for 1) the "financial weapons of mass destruction (i.e.
derivatives )" that are the root-cause of the present "global financial crisis", and 2) that are
behind the growing threat of a thermonuclear World War 3 starting up at any time now. The
main reason -- as I see things -- why both of these closely related developments (both of
them for the most part wholly avoidable in terms of existing constitutional and human rights
legislation), have grown so big and so threatening for so many (since 1948), is that the legal
professions of several nations, particularly the legal professions of those sovereign nation
states that have republican type "government of the people, by the people, for the people"
kinds of written constitutions, such as the Republic of Ireland for example, and especially the
Republic of the United States of America (still widely regarded by many as the most powerful
nation in the world), are failing to enforce national and international legislation closely
connected with the United Nations Universal Declaration of Human Rights (which I have
referred to earlier under point 1 above): in response to, and for the purpose of protecting
humanity generally against the wide-ranging and seriously criminal activities of the now
virtually all-powerful -- and unelected -- group of Money Power psychopaths in question, and
their many accomplices (some elected and some unelected) in our particular Republic of
Ireland Government (Executive, Legislative, and Judicial), and in many other governments
elsewhere all over the world.
Later today I will place a copy of this email at the following address:
http://www.humanrightsireland.com/DrAnneJeffers/20June2012/Email.htm
Also, and as I am not sure if you are receiving the e-mails I have been sending to you since
my very public PSNI (Police Service of Northern Ireland) machine gun interview of Sunday
(lunchtime) August 31st 2008 in Greencastle (near Omagh), via the HSE (Health Service
Executive) e-mail address (info@hse.ie), I will send a printed copy of this e-mail to you, using
your Loughrea Health Centre (Barrack Street) address, through the registered post later
today.
In addition, and mostly on account of a) the very strong doubts Gerald and Margie have
related to me (as expressed in Section 1 above) about you still being unable apparently to try
to help me get legal representation of the kind I believe I need in order to recover from the C-
PTSD injuries, and, b) because of the very important (to me) paranoia/hypervigilance issue
(referred to in Section 4 above) relating to the "prostate cancer screening test", I will also
send a printed copy of this e-mail through the registered post today to Minister for Health Dr.
James Reilly TD.
Yours sincerely,
William Finnerty.
===
The text in the sections just above is from a letter sent through the registered post to
Consultant Psychiatrist Dr Anne Jeffers on June 20th 2012, the entire contents of which, for
all practical purposes, she appears to have completely ignored (as far as I am concerned at
least). The full text of the June 20th 2012 letter in question, which was copied -- also through
the registered post -- to the then Republic of Ireland Health Minister Dr. James Reilly TD, can
be viewed at:
http://www.humanrightsireland.com/DrAnneJeffers/20June2012/Email.htm
A set of complaints, directly involving three professional Northern Irish lawyers, plus several
of their lawyer work-colleagues indirectly, and which is closely connected to the
"CORRUPTION & IMPUNITY" issues referred to above, has been sent to the Law Society of
Northern Ireland on April 8th 2017. For additional information on this set of complaints,
please see at:
http://www.humanrightsireland.com/NorthernIrelandLawSociety/8April2017/RegisteredLetter.htm
I am at present anxiously awaiting a "detailed" reply from The Law Society of Northern
Ireland to the registered letter referred to at the www address just above.
RE: THE JUNE 20th 2012 TO APRIL 8th 2017 PERIOD OF NO CHANGE IN
GOVERNMENTS' "CORRUPTION & IMPUNITY" POLICIES:
A slightly edited version of the June 26th 2017 email to First Minister Arlene Foster LL.B.,
MLA is available for viewing at:
http://www.humanrightsireland.com/FirstMinisterArleneFosterMLA/26April2017/Gmail.html
An unedited "Gmail PDF" copy of June 26th 2017 email to First Minister Arlene Foster LL.B.,
MLA can also be viewed at:
http://www.humanrightsireland.com/FirstMinisterArleneFosterMLA/26April2017/Gmail.pdf
The email referred to just above, was copied to several other people (using the same email);
and, the membership of the overall group included a small international selection of senior
lawyers, politicians, and religious leaders.
===
"Arlene Isabel Foster MLA PC (ne Kelly; born 3 July 1970) is a Northern Irish politician who
has been the leader of the Democratic Unionist Party since December 2015."
From: https://en.wikipedia.org/wiki/Arlene_Foster
"Humanity as a whole" still has an ENORMOUS amount of "growing up" to do, it would
seem?
https://www.youtube.com/watch?v=jdp2pGo4SeE
The nightmare of Jobstown.
Can I ask why all of a sudden you are so interested in protest at Burton's house?
The Jobstown protest took place in Nov 2014 while she was Tanaiste, Minister of Social protection and the leader of
Labour party. The dawn raids happened in Feb 2015 and charges were brought against us in Summer 2015.
Why didn't you protest her then or since?
Burton is giving evidence and is making a show of herself so leave her to it.
You say the jury is supposed to not take any media reports into account but they are only human and if they see her in the
media complaining of being harassed what do you think they will think.
On Thursday it was mentioned in court after lunch that anyone caught recording or taking photos would be dealt with
harshly because someone took photos of her.
Yesterday and today, local Labour Party councillor Genokey has been canvassing JOBSTOWN, no doubt desperate for
people to protest her so she can complain.
While out at a smoke break Burton tried to provoke activists by walking through the middle of them. They are hoping
someone does something so they can cry out in the media, court and Dail that we are all scum and you seem to want to
give them the power to do that. Why?
I really worry that certain people get recognition from some but seem to not have any common sense. That's dangerous.
The Government wants us to inform on dole diddlers who steal millions while
they ignore the corporate criminals and tax cheats who cost us billions
IRISHMIRROR.IE
Have you ever seen a bus with a huge sign warning that corporate criminals and tax
cheats are cheating us all?
But you do know you are in seriously crooked state when the Government doctors
figures to exaggerate the amount of welfare fraud while turning a blind eye to massive
tax scams.
A Polish gentleman has accused me of being inaccurate when I claimed some weeks
back that Ireland is one of the most corrupt countries in the western world.
In his experience, he maintains this country IS the most corrupt country in the entire
world and after recent events, I have to admit hes right.
HIS EDUCATION AND BACKGROUND MAKES HIM FELL EMPOWERED TO WALK ON COMMON
PEOPLE WHO PAY HIS INFLATED AND DISHONEST WAGES. GET THE CREEP OUT
Give all the detail you know about the suspected fraud:
Wasting taxpayers money on a false advertising campaign
Who and what number should we call If we need more information?
(01) 619 8444
Have you seen our new advertising campaign? Yes/No
No
.
http://www.independent.ie//do-it-for-leos-sake-rat-out-you
FG leadership race: Voters are
leaning towards Leo Varadkar
over Simon Coveney
A new poll shows Varadkar maintaining a lead.
April 30, 17
The poll also pitted the two ministers against each other on
a range of specific questions.
Asked who was more trustworthy and fair, Varadkar
narrowly won by 42% to 40%.
Varadkar was also chosen by a large margin when asked
who would make Ireland to be more socially liberal?. In
that question, Varadkar was chosen over Coveney by a
margin of 53% to 25%.
Voters however appear to see Coveney as a more canny
negotiator. Asked who will be able to deliver the best Brexit
deal for Ireland?, Coveney is chosen over Varadkar by 38%
to 33%.
The two ministers are the two frontrunners to succeed Enda
Kenny as Fine Gael leader. The Taoiseach has not set a date
for his departure but a changing of the guard is seen as likely
over the summer.
http://www.thejournal.ie/leo-varadkar-simon-coveney-poll-3366467-
Apr2017/?utm_source=facebook_short
Dole cheats cheat us all. How many people/gombeens feel cheated by the system,
goverment, courts, education, health.banks, guards, society, church etc etc what a
brainwashed hypocrite gombeen society.
Voters wouldnt touch either of these planks. 24% of the national vote and
receding. Hardly a mandate for leadership. Two elites. No brains.
welfare cheats cheat us all, how about corporate tax cheats Leo?
Coveney will become the next leader simply on the basis that he has been
set up for it by his big business buddies. He attended a Bilderberg meeting a
while back which is usually a stepping stone for the right sort of person to
guide the plebs in the right direction. Peter Sutherland, Garret Fitzgerald
and Michael Noonan are all previous attendees. Coveney is seen as a safe
pair of hands for the continuing EU project of federalization and erosion of
national sovereignty while enabling big business and increased militarization
coveney only scraped in last election in his own constituency, thats not really
the bloke you want leading your party. But this is FG, coveney is the
bilderbergs man in the room, so the voting public wont be a priority
This is just clever self glorifying use of the media.
This plaqared will resonate with the squeezed middle Joe tax payer because
they are the ones who feel most hard done by.
Welfare fraud is wrong but at least all of the money is spent locally which in
turn helps funds jobs for local business.
If he really wanted to save the tax payer a few bob there are much bigger
issues like,
I could go on.
Anyone else see the irony of a TD carrying a sign emblazoned with WELFARE
CHEATS? I imagine if Michael Collins was around today he would have them
all paraded outside their local churches in handcuffs with such signs draped
around their brass necks! #unvouched expenses!
Leo is shooting himself in the foot with his rat out the cheats campaign,
wanting us to report people who scam the system for a relatively small
amount of money, but ignoring the well off who equally scam the system
through tax loopholes that these same politicians put in their badly thought
out, laws of the land. (as reported by kerrigan in the indo today).
Tax evasion is illegal.
Then again, noonan failed spectacularly as FG leader in the 1980s and look
at him now. Hes not minister of finance on ability. Hes proven that with his
fiscal space eff ups and the like, and his leprechaun economy label. Hes
there because of hes long term friends with Kenny.
varadkar and coveney have been shown up to be weak within the fg party
that either havent made a heave against enda kenny yet with all the crap
thats gone down the last few months,enda will just tell everyone that brexit
is to important for him to stand down and as usual all the scandals are swept
under the carpet.
When theres a gaping hole in the welfare budget, just blame it on welfare cheats says
Leo Fat Greedy Lying FG Piggy
Blame the poor unfortunates on Social welfare for being cheats whilst
Bankers, Garda, TDs, HSE, Denis oBrien, Nama and Apple (to name some
of the cream of the crop), are all applauded from the sidelines by the same
Government. Hypocrites of the highest order!
Welfare cheats cheats us all, ok so what about overpaid useless politicians with massive expenses and more
time off then school kids? Or county council workers that go to work clock in and then go home for 2 hours?
You can report suspected social welfare fraud anonymously by completing this form. It is not
necessary to give your name or contact details. You can contact us by phone: (01) 6734545
Include as much detail as possible. We will not be able to tell you the result of our enquiries from
this report.
The Department requires a number of details in order to proceed with investigations into
suspected fraud. Your assistance in providing as much detail as possible in your report will greatly
assist in this process.
Living with a partner and claiming One Parent Family Payment - please tell us their
address, their partners name, when they started co-habiting, the childrens names and
ages, and their employment details if relevant
Living abroad please tell us where the person is living now and their last address in
Ireland, when they left Ireland and how often they return or expected date of return, if
known
Employer not paying PRSI please tell us the name and address of the employer you
are reporting, their type of business, names of the employees concerned and any other
relevant information
Not declaring means please tell us what you think has not been reported (earnings,
savings, investments, maintenance, compensation, any other income)
Claiming benefit for a person who is deceased please tell us the name and address
of the deceased person and their date of death, if known. Please also tell us the name
and address of the person who is collecting the payment.
Claiming benefit for a person who is in prison please tell us the name, age and
address of the person in prison, when they entered prison, if known. Please also tell us
the name and address of the person who is collecting the payment.
Suspected identity fraud - i.e. somebody using another persons identity or a false
identity. Please give all details available, e.g. all names, address etc.
Any report that indicates a child or a vulnerable adult may be at risk, or another crime is
suspected, will be reported to the Tusla or An Garda Sochna as appropriate. The Department
reserves the right to share any report received with any other State agency where a crime or
misappropriation of public fund may be concerned.
https://www.welfare.ie/en/Pages/secure/ReportFraud.aspx
Do it for Leo's sake, rat
out your neighbour
If you're inventing a fraud problem, Leo,
you ought to at least get the technical bit
right
http://www.independent.ie/opinion/columnists/gene-
kerrigan/do-it-for-leos-sake-rat-out-your-neighbour-
35666823.html
Yes, he couldn't be more blatant could he, him and his ilk are still playing us for fools!
State aid: Ireland gave illegal tax benefits to Apple worth up
to 13 billion
http://europa.eu/rapid/press-release_IP-16-2923_en.htm
Why are The fuckers so Eager to Target the most Vulnerable Poor people and Not the Rich who refuse bluntly to pay
there taxes, State aid: Ireland gave illegal tax benefits to Apple worth up to 13 billion
http://europa.eu/rapid/press-release_IP-16-2923_en.htm
Recovery
As a matter of principle, EU state aid rules require that incompatible state aid is
recovered in order to remove the distortion of competition created by the aid.
There are no fines under EU State aid rules and recovery does not penalise the
company in question. It simply restores equal treatment with other companies.
The Commission has set out in its decision the methodology to calculate the value
of the undue competitive advantage enjoyed by Apple. In particular, Ireland must
allocate to each branch all profits from sales previously indirectly allocated to the
"head office" of Apple Sales International and Apple Operations Europe,
respectively, and apply the normal corporation tax in Ireland on these re-
allocated profits. The decision does not ask for the reallocation of any interest
income of the two companies that can be associated with the activities of the
"head office".
The Commission can only order recovery of illegal state aid for a ten-year period
preceding the Commission's first request for information in this matter, which
dates back to 2013. Ireland must therefore recover from Apple the unpaid tax for
the period since 2003, which amounts to up to 13 billion, plus interest. Around
50 million in unpaid taxes relate to the undue allocation of profits to the "head
office" of Apple Operations Europe. The remainder results from the undue
allocation of profits to the "head office" of Apple Sales International. The recovery
period stops in 2014, as Apple changed its structure in Ireland as of 2015 and the
ruling of 2007 no longer applies.
The amount of unpaid taxes to be recovered by the Irish authorities would be
reduced if other countries were to require Apple to pay more taxes on the profits
recorded by Apple Sales International and Apple Operations Europe for this
period. This could be the case if they consider, in view of the information revealed
through the Commissions investigation, that Apple's commercial risks, sales and
other activities should have been recorded in their jurisdictions. This is because
the taxable profits of Apple Sales International in Ireland would be reduced if
profits were recorded and taxed in other countries instead of being recorded in
Ireland.
The amount of unpaid taxes to be recovered by the Irish authorities would also
be reduced if the US authorities were to require Apple to pay larger amounts of
money to their US parent company for this period to finance research and
development efforts. These are conducted by Apple in the US on behalf of Apple
Sales International and Apple Operations Europe, for which the two companies
already make annual payments.
Finally, all Commission decisions are subject to scrutiny by EU courts. If a
Member State decides to appeal a Commission decision, it must still recover the
illegal state aid but could, for example, place the recovered amount in an escrow
account pending the outcome of the EU court procedures.
Background
Since June 2013, the Commission has been investigating the tax ruling practices
of Member States. It extended this information inquiry to all Member States in
December 2014. In October 2015, the Commission concluded that Luxembourg
and the Netherlands had granted selective tax advantages to Fiat and Starbucks,
respectively. In January 2016, the Commission concluded that selective tax
advantages granted by Belgium to least 35 multinationals, mainly from the EU,
under its "excess profit" tax scheme are illegal under EU state aid rules. The
Commission also has two ongoing in-depth investigations into concerns that tax
rulings may give rise to state aid issues in Luxembourg, as
regards Amazon and McDonald's.
This Commission has pursued a far-reaching strategy towards fair taxation and
greater transparency and we have recently seen major progress. Following our
proposals on tax transparency of March 2015, Member States reached a political
agreementalready in October 2015 on automatic exchange of information on tax
rulings. This legislation will help to bring about a much greater degree of
transparency and deter from using tax rulings as an instrument for tax abuse. In
June 2015, we unveiled our Action Plan for fair and effective taxation: a series of
initiatives which aims to make the corporate tax environment in the EU fairer and
more efficient. Key actions included a framework to ensure effective taxation
where profits are generated and a strategy to re-launch the Common
Consolidated Corporate Tax Base for which a fresh proposal is expected later this
year. The Commission launched a further package of initiatives to combat
corporate tax avoidance within the EU and throughout the world on 27 January of
this year. As a direct result, Member States have already agreed to tackle the
most prevalent loopholes in national laws that allow tax avoidance to take place
and to extend their automatic exchange of information to country-by-country
reporting of tax-related financial information of multinationals. A proposal is also
on the table to make some of this information public. All of our work rests on the
simple principle that all companies, big and small, must pay tax where they make
their profits.
The non-confidential version of the decisions will be made available under the
case number SA.38373 in the State aid register on the DG Competition
website once any confidentiality issues have been resolved. The State Aid Weekly
e-News lists new publications of State aid decisions on the internet and in the EU
Official Journal.
http://europa.eu/rapid/press-release_IP-16-2923_en.htm
the individual rulings issued by the Irish tax authorities on the calculation of the taxable profit allocated
to the Irish branches of Apple Sales International and of Apple Operations Europe;
the individual ruling issued by the Dutch tax authorities on the calculation of the taxable basis in the
Netherlands for manufacturing activities of Starbucks Manufacturing EMEA BV;
the individual ruling issued by the Luxembourgish tax authorities on the calculation of the taxable basis
in Luxembourg for the financing activities of Fiat Finance and Trade.
The Commission has reviewed the calculations used to set the taxable basis in those
rulings and, based on a preliminary analysis, has concerns that they could underestimate
the taxable profit and thereby grant an advantage to the respective companies by
allowing them to pay less tax. The Commission notes that the three rulings concern only
arrangements about the taxable basis; they do not relate to the applicable tax rate itself.
In parallel to these three formal investigations, the Commission will continue its wider
inquiry into tax rulings, which covers more Member States.
Luxembourg, contrary to The Netherlands and Ireland, only provided the Commission with a
limited sample of the information requested (see IP/14/309), which included the ruling for Fiat
Finance and Trade, but not the complete information demanded by the Commission. The Commission
has therefore initiated infringement proceedings against Luxembourg by issuing letters of formal
notice.
Background
The Commission is looking at the compliance with EU state aid rules of certain tax
practices in some Member States in the context of aggressive tax planning by
multinationals, with a view to ensure a level playing field. A number of multinational
companies are using tax planning strategies to reduce their global tax burden, by taking
advantage of the technicalities of tax systems, and substantially reducing their tax
liabilities. This aggressive tax planning practice erodes the tax bases of Member States,
which are already financially constrained.
Regarding tax rulings specifically, the preliminary enquiries have shown that the quality
and the consistency of the scrutiny by the tax authorities differ substantively across
Member States. In particular, the Commission notes that The Netherlands seem to generally
proceed with a thorough assessment based on comprehensive information required from
the tax payer. The Commission therefore does not expect to encounter systematic
irregularities in tax rulings. However, at this stage the Commission has concerns that the
tax ruling for Starbucks Manufacturing EMEA BV is providing that company with a
selective advantage, because there are doubts whether it is in line with a market-based
assessment of transfer pricing.
In the case of Ireland, the authorities have been fully cooperative in providing
comprehensive replies in response to Commission's requests. The Commission notes that
although the transfer pricing rules have been tightened over the years, the tax
administration had a significant degree of discretion in the past. The Commission has
concerns that such discretion has been used in the case of Apple to grant a selective
advantage to that company, reducing its tax burden below the level it should pay based
on a correct application of the tax rules. The Commission notes however that the number
of tax rulings issued in Ireland relating to transfer pricing arrangements is limited.
The opening of formal investigations allows Member States' authorities to further explain
their practices and the Commission to gather further information from interested parties.
The non-confidential versions of the decisions will be made available under the case
numbers SA.38373, SA.38374 and SA.38375 in the State Aid Register on the competition
website once any confidentiality issues have been resolved. New publications of state aid decisions on the internet
and in the Official Journal are listed in the State Aid Weekly e-News.
http://europa.eu/rapid/press-release_IP-14-663_en.htm
State aid: Overview of decisions and on-going in-depth investigations of
Financial Institutions in Difficulty
http://ec.europa.eu/competition/recovery/banking_case_lis
t_public.pdf
State aid negative decisions pursuing Article 932 of the EC Treaty between 1969 and 1994
http://ec.europa.eu/competition/state_aid/register/state_ai
d_negative_decisions_1969-1994_en.pdf
Five new jobs will be created by Chemifloc, bringing total employment in the Shannon
headquartered company to over 40 people. This latest investment brings to over 10 million
Chemiflocs investment in Shannon Foynes Port since it established bulk storage facilities
there in 2005.
Chemiflocs facility at Foynes Port is now the most advanced in the country and positions the
company as it embarks on an expansion programme into new sectors including the
electronics, pharmaceutical, dairy and manufacturing industries.
Fergal Lawless, Executive Director of Chemifloc said, "Chemifloc is a wholly Irish owned
company specialising in water treatment systems to deliver drinking water to homes and
businesses throughout the island of Ireland. Chemifloc products are also used to protect the
environment by treating wastewater. We are now building on over 30 years of our specialist
experience in the water treatment sector to identify new markets for our products and
services. Expanding our capacity to handle bulk liquid materials is a natural evolution for us
and meets a growing need for companies across Ireland."
Mr. Lawless added that Chemifloc has recently expanded into the export market and is now
supplying customers in the UK and Eastern Europe with products manufactured at its
Smithstown facility. "We are ambitious to grow the company and we want to continue to
create new employment at our manufacturing site at Smithstown in Shannon and at our
facility in Shannon Foynes Port", he said.
Dr. Edwin Roycroft, Technical Director at Chemifloc said, "Our investment in a new bulk
storage facility in Shannon Foynes Port comes at a critical time. Many existing bulk storage
facilities for liquid industrial chemicals are nearing the end of their usable life and this
investment will ensure security of supply for liquid materials required by many of Ireland's
leading industries including in the dairy, pharmaceutical, electronics and manufacturing
sectors. With uncertainty created by Brexit it will benefit many companies to be able to access
our bulk storage facility in Limerick rather than trucking the product from facilities in the UK".
Pat Keating, CEO at Shannon Foynes Port Company (SFPC) welcomed the investment,
saying, "Chemiflocs significant investment at Foynes Port is another vote of confidence in
SFPC and the facilities we have to offer. The Port Authority facilitates 7.6bn of trade per
annum and we are positioning the port for further growth and large-scale inward investment.
The port is in strong growth-mode and during 2016 alone, throughputs grew by 11% at our
general cargo terminals. In order to facilitate this pace of growth and to enable investment like
that from Chemifloc, we are maintaining a strong investment programme and, to that end,
recently completed the 12m Phase 1 of our jetty expansion program at Foynes and
preliminaries have already commenced for the 25m second phase."
Chemifloc take our responsibility to our over 50 employees, our local community in Shannon
and the environment very seriously. A core pillar of our company philosophy is that
environmental stewardship is integral to every decision we make. Environmental stewardship
is especially important to us considering that we manufacture water and wastewater
treatment products, used in water and wastewater treatment plants across Ireland, which are
specifically developed and designed to protect the public health and receiving environment
from pollution.
Our policy is to maintain proactive and constructive interactions with all relevant regulatory
agencies in order to ensure we maintain compliance with all relevant statutory and regulatory
obligations. These interactions typically include: routine and annual reporting; changes in
practices and protocols; amendments to our IEL and; development onsite to reflect new,
updated or revised legislation and guidance.
In 2012, there was a regrettable accident onsite which resulted in the temporary
hospitalisation of eight employees, interruption to local businesses and uncontrolled release
of material to atmosphere. The incident was fully investigated by the company and all of the
relevant regulatory authorities. After the careful consideration of the results of the
investigation, significant changes to the relevant processes and practices onsite were
introduced to the satisfaction of the relevant agencies. The site is also now independently
accredited by the National Standards Authority of Ireland (NSAI) to the following
internationally-recognised and best practice certification schemes:
We are also system certified by NSAI for our Quality Management System (QMS ISO
9001). These certification schemes are independently audited and include regular site visits
and inspections by the accreditation bodies.
The independent certification process, coupled with site visits, inspections (including
unannounced inspections), audits and monitoring from regulatory agencies including the EPA
and HSA mean that since 2012 we have had 57 site visit and monitoring events by
independent agencies/bodies. The table below, outlines the breakdown of these events.
Year Health & Safety Authority Environmental Protection Agency National Standards Authority of Ireland National
Standards Authority of Ireland Clare County Council
(inc. Site Audits, Visits, Inspections & Site Monitoring) (Independent Health & Safety Site Visits) (Independent
Environmental Site Visits) (Continuous atmospheric odour assessment)
2012 1 9 - - -
2013 5 10 - 1 -
2014 2 4 - 1 -
2015 2 6 2 1 Continuous
2016 1 5 1 1 Continuous
2017 2 2 1 - Continuous
TOTAL 13 36 4 4 Continuous
Note that this table does not include the many phone and email communications we have
with these bodies or the substantial amount of daily, weekly and monthly self-monitoring
practices that are completed according to the site Environmental Management System and
under the direction of the dedicated Safety, Health, Environment and Quality team led by the
SHEQ Manager who is also part of the senior management team. We have also attached a
copy of our annually-reviewed Safety, Health, Environment and Quality (SHEQ) Policy for
your information.
Environmental Monitoring
Product & Process Testing
Water & Waste Water Testing
Occupational Health Monitoring
Drug Testing
We hold a wide range of accreditation for our scientific testing service and are extending
the scope on a yearly basis. Our scientific testing service is broken up into three
segments; Environmental Testing, Product & Process Testing and Drug Testing.
http://www.chemifloc.ie/w/44/2/11/14801
http://www.chemifloc.ie/w/44/2/11/14761
How many Journalists these days could ever step up to Justine McCarthy's plate? Who was this Politician we
wonder? There may be clues to the party within the text? List your suggestions if you are not worried about
kickbacks, this is a public page after all, but that is why we are staying dumb on the matter, ......for the
moment anyhow
Anyone that may think that we are just a protest group please know, that we are worried
about the whole environment and eco-system of the Shannon Estuary. We already have
Moneypoint burning 4,000 tonnes of coal a day on our shores, filling our air with CO2, We
have Aughinish Alumina stockpiling 50 million tonnes of Industrial waste on our shore,
constantly polluting our air with SO2 and Fluoride, now we have the proposed Gasification
plant in Gortadroma that is going to be burning 45 tonnes of tyres and 1000 tonnes of rubbish
per day if allowed!! On top of this, Irish Cement in Mungret, Co. Limerick, up river on the
Shannon are now trying to get a 90,000 tonne tyre and waste burning facility rammed
through planning. We have no hope in this area and may as well move out and let them turn
our region into the rubbish dump and power plant of Ireland that our local CoCo Exec wants it
to be. Stand with us and fight this! Our children deserve better, if we want them to remain with
us in this locality so fight for them, do not stay silent. Join us, like this page, share it, get in
touch and comment as it is for everyone with concerns and help us try and rescue the very
lifeblood of our country, the river Shannon!
BY ALISON BOUGH
Mostly, we will fight for ALL of our children, to ensure that there really is a socially just and
environmentally sustainable future for everyone.
When Katherine Zappone, the Independent TD for the area invited
the then Tanaiste Joan Burton to a graduation ceremony in
Tallaght in November 2014 the country was in a state of revolt. A
few years earlier the Fianna Fil Taoiseach Brian Cowan, who had
taken over from a corrupt and discredited Bertie Ahern wrote his
political epitaph in an alcohol fuelled interview on Morning Ireland
and in the ensuing General Election the Soldiers of Destiny were
trounced by the electorate. The country was in a mess, the Celtic
Tiger was a rotting carcase and the people were angry. So angry,
that a one legged turkey on steroids would have won the General
Election. Instead, Fine Gael did, with a leader who was only leader
because the alternatives didn't bear thinking about. So a Primary
School teacher from Mayo who inherited his Dad's Dil seat at the
age of 24 got to be Taoiseach. Even his own party were
sniggering. The Blueshirts won an avalanche of seats with even
their village idiot candidates making it into the Dil, but to give
themselves a bit more legitimacy they invited the forever
bridesmaids party the Labour Party to join them in forming a
coalition government. The Labour Party would be useful fall guys
if needed. The Labour Party are a strange hybrid their elected
representatives have since the 1970's been mostly well educated
liberals who started life as student protesters (like Michael D.
Higgins, Mary Robinson, Pat Rabbitte) and ended up as fat, rich,
right-wing establishment politicians, but selling themselves as left
wing socialists supposedly following in the footsteps of James
Connolly and Jim Larkin.
Kenny and his like-minded Labour Party couldn't believe their
luck. They were in power. And it felt good. The country was a
basket case but the Troika were in town making all the decisions
and the accidental Taoiseach and his Vichy government just
followed orders. Democracy was discarded and a Gang of Four
aka the Economic Management Council took over from the usual
cabinet that made government decisions. And so Ireland became
ruled by EU/IMF/World Bank who flew into Dublin airport and
gave orders to the Gang of Four, who administered their painful
medicine. The medicine was pure toxic. But Kenny, Noonan (a
failed Fine Gael leader) and their Labour Party accomplices
Gilmore and Howlin all willing sado-masochists enthusiastically
inflicted the pain. The Fine Gael and Labour leaders and their foot
soldiers were in heaven. They had power. And like those Nazi's in
the 1940'S it wasn't their fault that they had to punish the little
people, they were just following orders. And anyway wasn't it the
Fianna Fil crowd who drove the country over a cliff!
The Blueshirts and the Labour Party got stuck in and inflicted the
most brutal austerity on the people of Ireland. But not all the
people. The elites who were well connected, like Denis O'Brien
were not touched. In fact, the well connected elites made serious
money during this period thanks to their political connections.
As the austerity measures plunged families and communities into
utter hopelessness the political classes and their business
buddies, bankers and golf club pals continued to live as they
always did OK they cut a few token Euros off their salaries, but
that was no problem because the good old expenses were
unlimited anyway.
Environment Minister, Big fat Phil Hogan's water metering
programme - designed to fatten the cow for privatization got
under way. But suddenly and unexpectedly communities in Cork
and Edenmore in North Dublin started to resist. Ordinary people,
some who had never protested about anything in their lives got up
in the morning, got out on to the streets of their neighbourhoods
and physically stopped the meter installers. As resistance grew,
Hogan and his newly created quango Irish Water just laughed and
the arrogant Kilkenny Blueshirt boasted that those who didn't pay
his quango would see their water "reduced to a trickle".
A by-election in Tallaght in South Dublin was to bring about a
seismic change. The government parties were not too bothered
about losing a by-election after all they enjoyed a huge Dil
majority, but the favourites Sinn Fin were beaten into second
place by the Socialist candidate Paul Murphy and joined the
protesters. The people, who at this stage had taken to the streets
in mass resistance against austerity and the now rallying flag of
anti-water charges had won an important battle.
Against this backdrop, Joan Burton, now Labour Leader having
taken over from Gilmore after a disastrous European and Local
Government election for Labour went into the heart of Tallaght as
a government minister. Into Jobstown, an area she had inflicted
the most severe and brutal austerity upon. Did she seriously
expect a red carpet to be rolled out for her? Either she (and
Zappone) were extremely naive ... or ARROGANT in the extreme.
Probably both!
After her "kidnap" humiliation, Burton and Kenny and the
establishment wanted to get even. Denis O'Brien was also getting
angry. His meter installers were behind target. The privatization of
Irish Water was being delayed. So Kenny got the stakeholders
around the table. They needed to reassert themselves and regain
absolute power and put the peasantry back in their place. The
Garda Commissioner, the DPP, the judiciary, the political class
(Fine Gael, Fianna Fil, Labour) all rowed in. The forces of the
state were mobilized and no expense was spared to make
Jobstown pay. Hundreds of hours of police time, hundreds of
thousands of Euro, early morning arrests, media leaks, the
demonizing of a community ... They wanted blood.
And so the Show Trial.
WE just want democracy. WE. We are ALL Jobstown now!
Whats a 12,000 difference in the middle of a housing crisis? Simon Coveney.... hes
more like the Simon Community in reverse.
But lets not be too hard on Simon either, isnt he only following the example of the
cops who have taken the falsification of figures to new levels.
A million breath tests that never happened is certainly putting it up to the politicians
on an industrial scale, which puts Simple Simons exaggerations to shame. When
those charged with tackling fraud are at it, looks like our Polish friend was spot on.
https://www.youtube.com/watch?v=74v-rWOa00o
April 30, 17
Dear Mr Kenny
I asked you to contact our family in the last days. We spoke to your assistant
in your office and told her how urgently we needed your assistance. We
asked for your immediate attention to be brought to our daughters situation.
Your Minister for Health outlined via email several weeks ago that there was
no further point in contacting him. So I ask you to contact me regarding Ava.
We are very well aware Enda that you know who we are as we met you in
Glanmire for just a couple of minutes. We are also aware that you have
mentioned that you dont approve of our direct action as we have been told
this. However Enda the point is that simply your HSE collegues have blocked
every avenue that we have suggested and every effort we have made has
been twarted. However we have new possiblities to help Ava. I would urge
you to allow us to meet. I would urge you to demand that Simon meets us as
he promised he would in the presence of Michael Martin Billy Kelleher
Jonothan O Brian Richard Boyd Barrett and Gino Kenny. None of us wanted
this situation Enda none of us wanted such a catostrophic impass to have
developed but this is our situation. Yours as well as Simons and ours. We
have a script we have the medication in our sights. We need your
cooperation Enda to achieve the necessary medication. We can resolve this
situation with your assistance. I would ask you again to contact us. We do
not need another email which is a verision of what has been sent before we
need to meet and sort this situation out once and for all. Im putting out my
hand to you again. I would ask that you do not ignore our situation as has
been going on now for a considetable time but instead meet us and deal with
the facts and resolve this situation as after all a little girls future is depending
now on you.
Sincerely,
Vera Twomey
How blowing the whistle on
the banks ruined Jonathan
Sugarman's life
The author of 'The Whistleblower' spoke to Sean Moncrieff
BUSINESS & TECH
27 Apr 2017
Fionnuala Jones
1 - Why is banking so important for the economy, society and the sustainable development of
regions and communities?
2 - What causes the recurring boom-bust cycles and crises?
3 - What policies or banking systems have historically been most successful in avoiding these
cycles and crises?
4 - What kind of banking system and banking policy do we need?
5 - While we are at it, can we solve the major problems of our time with this?
6 - What are the policies which are being pushed that we need to oppose?
8:50 - Trade Secrets of Banking Banks dont lend Money, Banks dont take Deposits!
10:40 - The bank doesnt pay-out, it will just record its debt to you, which is called a deposit
and we use it as Money.
12:45 - Credit Suisse & Barclays Bank Create their own Capital
30:50 - Credit for GDP transactions - financial circulation credit (Asset Credit Creation)
58:00 - The Alternative to bailing out the Banks. Ireland - what the Central Bank could have
done
1:06:00 - Iceland
1:08:30 - Negative Interest Rate Policy of the ECB, favours speculators to the detriment of the
economy
1:14:00 - Quantity of money not the price of money that drives the Economy Bank credit for
GDP transactions drives the economy
1:19:30 - Princes of the Yen, Central Bank Truth Documentary on YouTube (247,000 views,
Nov 2016) & Book plus other Publications.
1:22:38 - END
https://www.youtube.com/watch?v=MechH0ebs_c
Official Ireland has destroyed
the lives of every person who's
come forward' - Banking
whistleblower testifies to
Oireachtas
Banking whistleblower Jonathan Sugarman is before the Oireachtas
Finance Committee today.
Apr 13th 2017,
http://www.thejournal.ie/whistleblower-jonathan-sugarman-
oireachtas-3338696-Apr2017/?utm_source=facebook_short
The man is absolutely correct. How many years of inactivity on the findings of
the Moriarity tribunal in which Lowry as a minister in a FG government was
adjudged to have taken a bribe from Dennis O Brien for the awarding of the
mobile phone license. Likewise Bertie of FF getting 1 million of a dig out, not
to mention the winnings from a horse he cant remember. Official Ireland is a
club that knows how to look after their own.
Shamefully they actually pat each other on the back while covering up.
Sugarman, citing the Grace, Mary Boyle and Garda whistle-blower cases,
said that official Ireland had taken steps to discredit them.
Official Ireland has absolutely and completely destroyed the lives of every
single whistle-blower who has come forward, from whatever walk of life
theyve come.
Those with their hands on the levers of power are immune, while those who
do the right thing have their lives ruined.
And the DPP sit back and let it happen. When do we wake up.
Official Ireland has destroyed the lives of lots of people around the country.
Kenny, Noonan, martin and their parties are a disgrace
And the so called sophisticated Irish electorate keep them in power. When
will they ever learn
Sugarman became the risk manager at the Italian banks Dublin office in 2007, but resigned
within months due to liquidity breaches.
He has since claimed that he repeatedly alerted authorities that Ireland was facing a liquidity
crisis, a claim that was ignored. He maintains that had he been listened to, the bank
guarantee and bailout could have been avoided http://jrnl.ie/3338696f
Speaking today at the Oireachtas Committee on Finance, Sugarman said that his life has
been ruined by his whistleblowing.
TheJournal.ie is an Irish news website that invites its users to shape the news agenda. Read,
share and shape the days stories as they happen, from Ireland, the world and the web.
https://www.youtube.com/watch?v=74v-rWOa00o
How it began
Within his first few weeks at Unicredit, he noticed the bank
were consistently missing the liquidity target. When he
brought the issue to his superiors, his concerns were
effectively dismissed.
"At first it was, 'oh it's just a computer error', or, 'actually we're
fine, sure it's grand. So I said, 'well how do you know that?'
And they said, 'You're just not in the bank long enough, you'll
understand our portfolio and our balance sheet better in a
couple of weeks time'."
At this point, Sugarman had been a risk manager for seven
years, at several different banks at home and abroad.
"Risk management is what I've done for most of my working
life," he said. "This is finance - a plus is a plus and a minus is
a minus."
Sugarman faced a prison sentence of up to five years
by signing for billions that do not exist.
Enough is enough
Before bringing in an independent body to review the books at
Unicredit, he essentially handed himself into the Central Bank.
"I walked in, in broad daylight, and said, 'I am in breach of
Irish law and this is the extent of the breach'," he said. "So I
expected the Central Bank to raid the bank that afternoon or
at the very latest the following morning, but all we got was an
acknowledgement."
Sugarman did not hear from the Central Bank following his
confession. Then, the results of the review came back - telling
him the breach was closer to 40%.
"I resigned the next day," he said.
Untouchable
Sugarman has attempted to regain employment within the
financial sector since coming out against Uncredit - to no
avail.
"I failed miserably," he said. "I am untouchable.
"I had this conversation with one of the leading financial
recruitment agencies in Amsterdam at the beginning of the
year. They said, 'Frankly, Jonathan, we regret even letting you
into the building because if any of our clients realised we were
in contact with you, we would be in trouble'."
Sugarman admitted he effectively ended his career, but did
not anticipate the situation he would find himself in. He told
Moncrieff that on numerous occasions, he has found himself
sleeping rough.
In Sept. 2007, fourteen months before Ireland's bank bailout, I resigned from
my position as the Risk Manager of UniCredit Bank Ireland. I did that in order
not to incriminate myself. I have spent the last 4 years seeking justice. On Feb.
23rd., 2010, I was fortunate to have Senator David Norris raise the matter in
Seanad Eireann (the Irish Senate), and request a response from the Minister
of Finance, Mr. Brian Lenihan. Senator Norris concluded by stating that:
"...there is ministerial responsibility in this matter. This is a grossly serious
matter which has been reported to the Financial Regulator. A man has lost his
job as a result. He honourably resigned. The degree of breach was 40 times
the accepted margin. This is a disaster. If we are not prepared to face
the issue and investigate it when it has been laid before the House,
there is absolutely no hope for the financial system or its
reputation worldwide...How can the Financial Regulator
investigate himself? He was in breach of his responsibility."
http://debates.oireachtas.ie/seanad/2010/02/23/00012.asp
In Nov. 2011, Emma Alberici, Europe correspondent for ABC TV, told my
story as part of her documentary 'Going Rogue' which featured Nick Leeson
and Sir John Vickers among other interviewees. It is ironic that at a time when
the Irish tax-payer is bailing out un-secured bond holders, my story which
occurred in Dublin, is deemed of interest to the Australian TV license payer.
Please click on 'play video' on the following link:
http://www.abc.net.au/foreign/content/2011/s3367080.htm
VRT, Belgian state-TV, aired this interview with me on March 6th.,
2013. My Interview begins in minute 27:
Het verdriet van Europa: Zeepbellen blazen (The sadness of Europe: Bursting
bubbles)
http://www.deredactie.be/cm/vrtnieuws/videozone/programmas/hetverdriet
vaneuropa/2.27204
VRT, Belgian state-TV, released extra footage of my interview on March 8th.,
2013. (in English):
http://www.youtube.com/watch?v=HKmr2u2P4OE
Whistleblower.IRL@gmail.com
http://www.villagemagazine.ie/
Posted by Whistleblower IRL at Sunday, August 18, 2013
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Defying white-collar impunity - Village magazine editorial, Aug-Sept '13
FOR those of us who love this great little country, or are stuck here, it has been a
sorry third millennium. First, whatever Roddy Doyle thinks, we lost the run of
ourselves economically, socially, environmentally and culturally, becoming
bumptious, crude and greedy; then we imploded exposing a legacy of dust and a
citizenry bitter, beleaguered, rudderless and above all compliant. But through
the turmoil we never seem to
have stopped o to learn the big lessons like that our vision of the future needs
to be sustainable and compassionate.
Every page of this issue groans under the evidence of lessons unlearnt from
Frank Connolly on Frank Dunlop [p31] to Niall Crowley on philanthropy [p54] to
features on the Public Accounts Committees approach to the discredited Dublin
Docklands Development Authority [p18], planning malpratice [p33],
climate-change scepticism [p56], institutional abuse [p38] and nepotism in the
cultural sector [p64].
Nothing is being done properly. It says it all that the answer this country found
to Fianna Fil was Fine Gael. For never have two political parties been so
indistinguishable. The same deference to Big Finance and
multinational corporations prevails. For many the solution is a return to the past.
But more.
Villages conclusion is that we need to start over again. Normally it is good to
start with a clean page but the page in front of us is lthy. We have to clean it.If
there were any sign the authorities were serious about regulation we might let
bygones sit. But from the Director of Public Prosecutions (DPP) to the nancial
regulator to the failure to appoint a planning regulator with teeth to the
eviscerated Human Rights and Equality Commission were not guarding against
the dangers of repeated recklessness.
This magazine feels in the particular circumstances of Ireland 2013, we cannot
move on until there has been justice for the perpetrators of the now-embedded
dysfunctionality. In a democracy the culture of impunity, especially white-collar
impunity, best evidenced in the failure to prosecute on foot of the planning and
payments tribunals and the banking delinquencies, cannot prevail. There must
be prosecutability and it must be seen by all.
It is a fundament of our criminal law, recently conrmed in the High Court, that
the public, acting as common informer may initiate criminal proceedings. If the
proceedings are treated summarily they proceed to verdict led by the common
informer; if on indictment, the DPP may take them over after the return for
trial.Village is asking the DPP to signal the initiation of prosecutions against
some of the most obvious potential defendants from the tribunals and banking
debacle. These include UniCredit Bank, John Bowes, Michael Fingleton, Michael
Lowry, and the protagonists in Monarch Properties found to be corrupt by the
Mahon Tribunal.
The oences that should be tried include oences under the Central Bank Acts,
detailed on page 30, deceit, fraud, corruption, bribery, perjury and obstruction of
tribunals.If the DPP signals no such intent,
Village and its protagonists will seek the issue of a summons in September. A
press conference
will be called outlining the stance. It will seek public support for other actions by
asking persons
with evidence to come forward, and perhaps engage in fundraising.
The ethos of the DPP must be changed. The lessons for accountability of the
allegedly corrupt over the last twenty years are that tribunals were run lazily
and proigately. The Planning Tribunal relied too much on the evidence of one
man and the Payments Tribunal ran into diculties about the culpability of civil
servants. The courts the criminal courts not the tribunals, is where these
matters should be settled. But clearly the Garda and its Fraud Squad, Criminal
Assets Bureau (CAB), the DPP, the Oce of the Director of Corporate
Enforcement (ODCE) and the Central Bank have failed in their solemn duties,
presumably for
internal cultural reasons. In those circumstances it falls to private citizens to
assert the democratic imperative of prosecutions in a state whose failure is
largely attributable to the machinations of a quantiable few.
Village is not looking for heads on sticks, it is not asserting the guilt of anyone (it
defends the central presumption of innocence), it is taking the clear position that
there appears to be enough evidence that people such as those cited above
should at least be prosecuted. Never have institutional minds needed more to be
concentrated.
http://cdn.thejournal.ie/media/2013/08/actual-edl-aug-13.pdf
Posted by Whistleblower IRL at Sunday, August 18, 2013
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When Irish people do what their government wont - GolemXIV, Aug '13
It has been clear for some time now that the ideal of equality before the law has been
buried.
The US. Department of Justice made it clear a few months ago, after it had declined
to press criminal charges against a string of banks (Citi, Wachovia and HSBC), that
Too Big To Fail meant while such institutions could be investigated and fined, they
could not ever be found criminally guilty, because that would endanger their
continued survival. Thus TBTF equals TBTP.
The list of G-SIFIs (Globally Systemically Important Financial Institutions
both banks andInsurers) is therefore a list of those financial institutions that are now
above the law. If it profits those institutions, and those who own and run them, to
disregard the law, they can and will because all they face is a fine. A fine is just
another marginal cost of doing business. A tax. And a small, discretionary one at that.
In Europe we have had no similarly outright admission by the State that TBTF means
TBTP. Instead the G-SIFI lists of banks and insurers have been published without
anyone in government caring to make it clear that the State has taken it upon itself to
raise the golden financial class above the law.
Of course there is one loophole just a tiny one and one that is easily ignored but
one nevertheless. And that is that if no Public Prosecutor will take a Bank to court
then it is still possible for an ordinary citizen to do so (Of course how easy or
impossible it is depends on the country). But In Ireland it is possible and one man,
Michael Smith, has decided to try.
Michael Smith is a former barrister and the owner and editor of The Village magazine
in Dubiln. He, like me and many others, has had a long interest in the on-going case
of the UniCredit whistleblower, Jonathan Sugarman, AKA WhisteblowerIRL. It was
Mr Smith who accompanied Mr Sugarman when he went to to talk to the Irish
authorities about what he knew. It was at that meeting that Mr Sugarman was told by
the authorities that they might well prosecute him if he told them about the crime over
which he had resigned from UniCredit, whereas they could not promise to prosecute
the bank.
For those of you who dont know, the crime in question is actually very
straightforward. Mr Sugarmans job as Risk Managere at UniCredit, was to make sure
the Bank was solvent at the end of each day to check its liquidity. Mr Sugarman
became alarmed when he found, at the height of the Bubble, that UniCredit was in
breach of its requirements. Not by just a little but by huge sums, and not on one rogue
day but regularly. The Irish Law is very clear. It was Mr Sugarmans job to tell his
bank and the regulator of the breach. This he did.
The bank told him to shut up. The regulator ignored him. Of the very few concrete
actions taken by the authorities perhaps the most symbolic was that they
removed from the Central banks web site the document in which the law can be seen.
You can however still see the law for yourself, here in sections 9.4 and 10.
Sickened by this attitude Mr Smith, in consultation with Mr Sugarman, has decided if
the Irish DPP will not insitute an investigation/prosecution against UniCredit Ireland
and several other Irish based banks such as Anglo, then The Village will.
In an open letter to the Irish DPP Mr SMith calls their bluff. Essentially he asks is
the Irish states legal aparatus whoring for the banks or does it still have a single grain
of honour left?
You can read the editorial here. The whole article is only available in the latest print
issue. You can read the two previous articles he has written about the
Sugarman/UniCredit affair here and here.
It comes to somthing when ordinary people have to uphold the laws because their
government refuse to. But that is where we are, not just in Ireland but in all of our
nations.
It remains to be seen what measures the banks and their friends in government will be
willing to take to close off from the people from any hope of legal and peaceful
redress.
I sincerely hope Mr Smith does file suit against Unicredit, Anglo and the others. I
hope people are able to support him. Perhaps we, in other countries, can hope to do
the same. Most fervently I hope the government in Ireland and the Trioka in Bruselles
do not close down this hope of redress.
http://www.golemxiv.co.uk/2013/08/when-people-do-what-their-goverment-wont/
Blowing the whistle so hard it hurts - Village magazine editorial, Nov-Dec '12
Nearly all Irelands banks breached liquidity requirements, leading to the lack
of liquidity that the government provided a guarantee against, and which
ultimately emerged as the insolvency that bankrupted the country and
immiserated the next generation. Failures at the Regulator and in the Central
Bank contributed as much as anything to this bankruptcy. The public is
entitled to know that these well-paid and cosseted functionaries have learnt
lessons and are now demonstrating the most stringent and scrupulous
standards. Its interesting then to know how they treated the most important
whistleblower in Irish banking history.
In December 2010 a risk-manager in the Irish unit of UniCredit, Italys largest
bank, described in Village how in 2007 the Financial Regulator failed to
intervene after he first alleged he falsified liquidity-ratio figures. The risk-
manager maintained he was specifically warned by senior personnel at the
Irish subsidiary not to report the matter to the Financial Regulator, even
though sound banking depends on maintenance of these liquidity ratios
which are crucial to the ability of the company to deal with losses of
confidence. The liquidity ratio should be no less than 90 per cent. At
UniCredit it was calculated at an extraordinary 50 per cent. A ratio of 89 per
cent would in normal circumstances be deemed problematic. In banking
terms this is like paying with a two-euro note.
Jonathan Sugarman blew the whistle on the massive repeated breaches. This
magazine received aggressive threats from McCann FitzGerald solicitors on
behalf of UniCredit not to publish the information.
The new poster-boy regulator, Matthew Elderfield, stated in response to
questions from the Sunday Business Post, and the Sddeutsche Zeitung, a
respected German newspaper, about statements made in the Seanad by
David Norris which backed up Sugarmans account, that our records do not
match the description of events given by Senator Norris nor did we receive
what might be described as a whistleblower letter. We can, however,
confirm that an overnight liquidity breach was reported by an institution
around the time in question. The matter was followed up with the institution
and rectified to the satisfaction of the Financial Regulator at the time.
For someone in whom so much public good-will has been invested, this is
remarkably disingenuous, though certainly true. The Regulators records
presumably do not match Senator Norriss because its agents didnt look
hard enough or take a proper record; and the Regulator did not receive a
whistleblower letter as the letter came from UniCredit itself, which limited its
declaration to one overnight breach. Notably, nothing the Regulator said
undermined the credibility of the risk-manager.
Largely as a result of the story in Village which named the bank, the Central
Bank said it would conduct a review of the case and invited parties with
information to share it: if any party has specific information they wish to
draw to our attention in this matter it will be treated on a confidential basis.
Things dragged out but in February 2012 the risk-manager attended a
meeting with the office of the regulator. Scandalously the banks offer of
confidentiality was revealed under pressure to be spurious when it insisted
that it wouldnt be enough to shield Sugarman against self-incrimination in
the event his own actions constituted criminal activity. The Central Bank
insisted it must forward information to the DPP if there were evidence of a
crime. This highlights the need for whistleblower legislation to protect
insiders who tell their truth and particularly that legislation should be
retrospective, so it would embrace cases like Mr Sugarmans.
In June, the Central bank informed Mr Sugarman, without giving reasons,
that the matter was closed and only after Mark Keenan raised the affair anew
in the Irish Independent in September, did the Central Bank finally furnished
minutes of the meeting it had had with Mr Sugarman. This was six months
after the original meeting. For some reason Mr Keenan is no longer writing
on these issues in the Irish Independent.
Matthew Elderfield and his office are doing no favours to EU banking
regulators, or to the worlds banking and economic system, in
being disingenuous about liquidity breaches at the elusive UniCredit. If there
is a desire not to frighten the horses just while our bailout is under review, it
is misplaced. The lesson of recent history for this country is scrupulousness
and openness.
There is a general official view that Irelands ethical delinquencies are in the
past. Deviant planning stopped when the tribunals started; and bad banking
regulation stopped with the demise of Pat Neary. In fact this is not so with
planning as we have seen with the kicking to touch of John Gormleys
reviews of planning in six counties. Scrutiny of what happened in banking
has been limited to two innocuous reports by Patrick Honohan, Peter Nyberg
and Klaus Regling. These notably failed to attribute blame or to deal with
how liquidity ratios were breached all over financial Dublin with no comment
from the usual over-paid auditors, and no sanction.
Inconveniently for a country that has started to see corruption and regulation
in black (then) and white (now) terms, the general view may not reflect the
reality. Without proper scrutiny we cannot be sure either way.
Like bad planning, bank under-regulation was a manifestation of this
countrys ineradicable tendency to pander to vested interests and to the
short term. It is time we got to the bottom of what happened in Irish
banking. Scrupulous investigation of Mr Sugarmans allegations would be a
symbolic good start.
http://www.villagemagazine.ie/index.php/2012/11/blowing-the-whistle-so-
hard-it-hurts/
Posted by Whistleblower IRL at Sunday, August 18, 2013
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Still waiting for the truth from the regulator (Village magazine, December 10)
There is a general official view that Irelands ethical delinquencies are in the past. Corrupt planning
stopped when the tribunals started; and bad bank-regulation stopped with the demise of Pat Neary and
the production of two limited and innocuous reports by Patrick Honohan and Klaus Regling.
Inconveniently for a country that has started to see regulation in black (then) and white (now) terms,
the general view does not reflect the reality. Hold tight for a mind-boggling trip through the complexity
of banking dysfunctionality.
Liquidity is the short-term financing vital to ensure the banks still do their core job of funding the
economy. Somehow Ireland went from having liquid banks to having banks so illiquid that a bank
guarantee was offered by the government in September 2008. But there are staff in every bank legally
charged with ensuring banks do not become illiquid. There is an intricate and comprehensive system
in place to ensure they cannot become illiquid, bearing in mind their customer base. It involves
arrangements they must have in place if for some reason they become illiquid e.g. they can ask another
named financial institution to lend them money short-term. Every morning the banks have to produce
a report showing how they kept their liquidity up to the target the previous day. The measure used for
the target is the liquidity ratio.
In mid 2007 the financial regulator, Pat Neary following a six-month dry-run introduced a new
rule for the liquidity ratio implementing the latest Basel banking accord. It required that cash inflows
equalled at least 90 per cent of cash outflows forecast over the relevant period. This prudential system
was, and is, central to how banking is possible. The system was intended to be stringently monitored
by the financial regulator.
In fact Village has evidence that a failure of liquidity, that if it as may well have been the case was
typical to both Irish banks and foreign-owned subsidiaries, shows dysfunctionality on a scale that
should have prompted the financial regulator to advise the government to go out into the markets and
get funds for the banks immediately, was ignored by the regulator. Nor did auditors pick up on
it. Indeed it is highly likely that liquidity problems were dysfunctionally glossed over by auditors all
over Dublins financial world around this time. If such dysfunctionality had not occurred and been
ignored for so long after the collapse of Northern Rock, Ireland could have dealt with general bank
liquidity in a structured and gradual way and not purportedly needed the bank guarantee that has
finished up bankrupting the country and immiserating much of the population.
The people behind this dysfunctionality should be made to account for it. The new regulator, Matthew
Elderfield, should explain what went on on his predecessors watch so we can see what
happened. Instead it appears the new regulator is being disingenuous.
In late July or early August 2007, an experienced financial risk-manager, says he discovered his
employer bank the Irish subsidiary of the giant UniCredit Bank of Italy had been dramatically
breaching the liquidity ratio. The risk-manager maintains he was specifically warned by senior
personnel at the Irish subsidiary not to report the matter to the financial regulator in Ireland. On one
occasion he reported a ratio of only 70% to the regulator (and obtained a receipt). In fact he says I was
getting 75%, even 65%, not occasionally but day in, day out. Banks are obliged by law to maintain all
daily records for at least five years so there must be written evidence of this. At the time, I thought: Is
it my fault? Then I asked questions and I was told its a system error or a trader forgot to book a
deal or its complicated. Give it a bit more time and youll understand. It will be fine. In any
event, even if taken at face value, such failures would attract penalties under Sections 3.4 and 10 of the
regulators Requirements for Management of Liquidity Risk, 2006, which seem to impose fairly strict
liability. Ascertaining the liquidity ratio is a complex task and eventually the risk-manager turned to a
consulting company in London for help, affording it access to UniCredits systems. That company a
company which continues to provide such services for some of Irelands most well-known banks
calculated the liquidity ratio at an extraordinary 50% when a ratio of 89% would in normal
circumstances be deemed problematic. The risk-manager resigned, in part fearful of the draconian
penalties that applied for breach of the law.
A simple call to UniCredits Milan-based parent could have been expected to generate a transfer of
many billions of Euro within a few hours, so resolving the problem. But that would have undermined
the parent banks confidence in its Celtic subsidiary, and perhaps jeopardised bonuses against a
background where the previous years final accounts had anyway required substantial and
embarrassing revision to the tune of tens of millions of Euro.
Around two weeks later the financial regulator came in on a scheduled inspection. It appears all hell
then broke loose with the regulator effectively taking over the firm for two weeks. During this period
the arrangement with the expert London consulting company was terminated, so it may have proved
difficult for the regulator to ascertain the prevailing liquidity ratio. The risk-manager was warned by
his former employers that repeating his story to a third party would constitute grounds for a claim of
defamation which we would not hesitate to pursue. Solicitors McCann Fitzgerald wrote to him on
their behalf advising that his allegations were outrageous. They have claimed the same to Village.
What is surprising is the reluctance of Irish authorities, and indeed Irish politicians, government and
opposition alike, to make the running with this still unresolved issue. The honourable exception is
Senator David Norris who outlined the events described above and pushed the issue in the Seanad,
though without naming the bank except privately to the Minister.
The regulator
The new until-now poster-boy regulator, Matthew Elderfield, has stated in response to questions from
the Sunday Business Post, and the Sddeutsche Zeitung, a respected German newspaper, that our
records do not match the description of events given by Senator Norris; nor did we receive what might
be described as a whistleblower letter. We can, however, confirm that an overnight liquidity breach
was reported by an institution around the time in question. The matter was followed up with the
institution and rectified to the satisfaction of the Financial Regulator at the time. For a poster boy this
is in fact remarkably disingenuous, though certainly true. The regulators records presumably do not
match Senator Norriss because its agents didnt look hard enough or take a proper record; and they did
not receive a whistleblower letter as the letter came from UniCredit itself which limited its declaration
to one overnight breach. Notably, nothing the regulator said undermines the credibility of the risk-
manager.
It is impossible that there could be a flagrant breach without a systemic problem since the whole
prudential system is constructed with actuarial precision so it can deal with every contingency. That is
what makes it prudential. In prudential circles a 1% breach is taken very seriously. 20% or 40% is
calamitous. Impossible even. It is impossible that there would be an overnight move from compliance
(90%) to flagrant breach (70% or even 50%), when the maximum deviation allowed from 90% is 1%.
Unless perhaps there was a single extraordinary event, an unpredictable act of god. Anyone with any
knowledge of the dynamics of liquidity ratios, including particularly the regulator, would know
this. If there had indeed been such an extraordinary event, there would seem to be no reason why some
intimation of the nature of the problem would not have been provided by the regulator, when
questioned about the breach. In the absence of such an extraordinary explanation, seeing a breach of
20% or even 40% would necessarily alert the regulator to a systemic problem likely to be sustained
over a long period. It would appear almost certain that the scale of the breach had evolved
incrementally and continued for some time. Not just overnight. This would tend to corroborate the
risk-managers story.
Extraordinarily, the financial regulator did not then, and Matthew Elderfield who has been in office
since January 2010 still has failed to, interview the risk-manager about the matter. This is despite
the risk managers patently abrupt departure (and that of the London consultants) during this
controversial episode and an accelerating number of enquiries to the regulator about the matter. Nor
is it clear whether the regulator informed the Milan-based parent of UniCredit or, crucially, the Italian
and EU regulatory authorities.
In June 2009 the regulator issued a revision of regulations for liquidity ratios without making any
reference at all to the fact that the regulations had been revised to achieve precisely this new effect in
2006. This served deceptively to imply that the regulations had not been in force at the time of the
breaches by UniCredit (and by all the other banks whose liquidity imploded illegally, though without
media recognition of the illegality, around the time of the bank guarantee). The text of the 2006
document [section 9.4] which specified that the new requirements had taken effect on 1 July 2007
disappeared from the 2009 document.
Opposition politicians
A prominent member of one of the opposition parties recently told the risk-manager, we cant afford
the consequence of revealing this story. We already have enough to deal with when we come to
power.
Joan Burton of the Labour Party was perhaps a little slow to move but, under a little pressure, diligently
raised the matter with Brian Lenihan and met Patrick Honohan. Burton had met Honohan previously
about the German bank, DEPFA, and been told that the regulators staff was not trained to monitor
IFSC activities and that by-and-large, the IFSC had been treated as some off-shore entity that did not
warrant strict supervision as most of its entities were subsidiaries of much larger overseas corporations,
and therefore someone elses head-ache. The Green Party Senator Mark Dearey and its Chairman,
Senator Dan Boyle, wrote to the regulator but did not receive a substantive reply. Sinn Fins Arthur
Morgan did not reply to correspondence from a senior academic friend of the risk-manager. Fine
Gaels then-Finance spokesperson, Richard Bruton, who met the risk-manager in his solicitors office,
has sat on the file and his successor Michael Noonan doesnt appear to know it exists. Former Fine
Gael Taoiseach John Bruton is the head of Dublins International Financial Services Centre, which
aims to attract financial companies to set up there, and is touting Irish the saleability of Irish banks to
Gulf sovereign funds.
An inadequate regulatory culture is alive. Lack of interest in the truth abounds. Figures just dont
matter. The blind wearing of the green jersey goes on.
The media
The Irish Times has been reluctant to pursue the story, though Fintan OToole did an extensive spread
on it. Others in the newspaper were keen that the risk-manager should go public before the paper
would pursue it further. No other media have covered the matter except the Sunday Business Post,
whose Kathleen Barrington has given it considerable space.
The New York Times famously alleged as long ago as 2006 that the IFSC was the Wild West of
banking. Around that time it was reported that General Res Irish subsidiary, Cologne Re, was seen as
an ideal location for a major fraud because Dublin did not report to anyone and so avoided the
North American problem of financial regulation. The simple truth is that one of Irelands few
genuine policy successes has been attracting major US-based multinationals like Google and Microsoft
on the back of a 12.5% Corporation Tax rate. Irish banks then assume a disproportionate importance to
the world economy because these corporations have an interest in channelling profits through Ireland,
so avoiding heavier tax rates elsewhere where the profits may in fact have been earned. This is one of
the reasons Irish banking was a flashpoint, certainly the European flashpoint following the collapse of
Lehmans. The clout of the multinationals conduced to a lax regulatory rgime for banking. It also
partly explains the governments deference to the banks (over the people) in policy terms including
perhaps some of the pressure the government was under to guarantee the banks, lest a run threaten the
billions of Euro in multinational profits resting in Irish accounts. Light regulation helped attract
multinationals but it was a gamble that, after a time and on a grand scale has stopped paying off for
Ireland. It stopped paying off because it led uniquely to liquidity problems across the ranges in a
nations banks and so to guarantees that have precipitated national insolvency. But the policy of light
regulation also risks major legal actions from those who have been victims of the dodgy, sometimes
illegal, laxity. It is surprising in this context that the bailout was not linked to higher standards. In late
November the Financial Times commented, An element of the bail-out should have been specifically
targeted at plugging the liquidity gap, if only to signal an acknowledgement of how crucial a role it has
played in undermining the global system in Ireland, just as it did during the big bank failures in the
UK (Northern Rock) and the US (Lehman Brothers and Bear Stearns).
The reason the green jersey is in play apart from the obvious embarrassment of mishandled liquidity
issues which were so central to our mishandling of the bank guarantee is that if it can be shown that
the regulator systematically allowed breaches of liquidity ratios, indeed still does not recognise those
breaches, it could trigger litigation against Ireland by the likes of HRE (Hypo Real Estate).
HRE, was bailed out for 140bn in loans and guarantees in September 2008 by the German
government, after HRE had hastily bought heedless to its underlying liquidity problems IFSC-
based DEPFA. DEPFAs directors then included pillars of Irelands economic sector including Francis
Ruane, director of the ESRI, and Maurice OConnell, former governor of the Central Bank.
If HRE had not bought DEPFA, so transferring the relevant headquarters from Ireland to Germany,
Ireland would have been responsible for this colossal bailout. It is perhaps reflective of the lack of
seriousness of the debate here for so long that this lucky escape from the consequences of our
lackadaisical regulation, was not more widely recognised as far back as 2008. HRE is suing its former
chief executive Georg Funke for allegedly not briefing them properly on the liquidity problems. HRE
was, at the beginning of 2010 reported to be considering suing the entire former board of DEPFA too.
Crucially its litigation refers to faulty risk-management procedures and numerous breaches of Irish
banking regulatory law before, as with UniCredit, the bank went to the regulator who in the case of
DEPFA settled with its relevant subsidiary for a 250,000 fine without any public indication of the
number of breaches. It is implicit that the Irish regulatory authorities may have been delinquent in
monitoring breaches in a firm that the German regulator memorably described as a pigsty. An
extensive German parliamentary investigation into what was after all a bigger bailout than that
accorded to Ireland, found that the German regulator had behaved competently within the confines of
the legislation which included that HRE, as a holding company, entirely avoided the gaze attracted
by banks. An enraged German body politic believes Irelands regulatory rgime did not help. And
Ireland, perhaps myopically, refused requests from Germany for a contribution to the DEPFA bailout.
In a separate but analogous case Sachsen Landesbank had to receive over 17bn in emergency funding
from Germany following liquidity difficulties with its Irish subsidiary, Ormond Quay, and ultimately
was taken over by Landesbank Baden-Wrttemberg (LBBW Bank).
Unfortunately for Ireland the same smarting Germany, more than any other country, is responsible for
the penal bailout interest-rate that may scuttle Ireland and will take the determining stance on any
renegotiation of the deal.
UniCredit
UniCredit is Italys largest bank, a major international financial institution with strong roots in 22
European countries and an international network represented in approximately 50 markets, with 9578
branches and more than 162,000 employees. In the Centre and East of Europe, UniCredit operates the
largest international banking network with around 4,000 branches and outlets. UniCredits Irish branch
managed 27bn at the relevant time. UniCredit is said to be Italian-conservative in much of its
ethic. It was in the news when its renowned head Alessandro Profumo resigned in September 2010
arising out of a feud with UniCredits main shareholders who have been uncomfortable with the banks
growing need to raise capital, especially from Libya. The Libyan Investment Authority, a sovereign-
wealth fund, recently increased its holding in UniCredit by 0.5% to 2.6%, while the Central Bank of
Libya holds an almost 5% stake in the bank.
Bank Austria, UniCredit, and its subsidiary Pioneer, are all named as defendants in the trustees
Madoff lawsuit which cites their ties to Ms Kohn. UniCredit said in a statement in mid-December
that its policy was not to comment on litigation but that it intended to vigorously defend itself against
the accusations made against it and its Bank Austria unit.
As if all this were not intricate enough, according to Roman prosecutors cited in the Austrian weekly
newspaper, Profil, in March 2010, banks in Austria including the Austrian branch of Anglo-Irish
banks, Anglo Austria, but also Bank Austria the UniCredit subsidiary cited in the Madoff
proceedings were used to launder about two-billion Euro for the Italian mafia between 2005 and
2007.
In 2008 Sen Fitzpatrick sold Anglo Austria to a private Swiss Bank, Valartis, a bank which tells no
secrets but has 4000 clients with funds of around 1.25bn.
Extraordinarily, FitzPatrick even funded a loan for Valartis of 24 out of the 141m purchase price
with the sale completing the day after FitzPatricks resignation from Anglo. It was a surprising move at
a time when Anglo had liquidity (i.e. cash) problems. Anglo Austria was a rich source of scarce
deposit cash, up to 600m according to the Sunday Business Posts Kathleen Barrington a cheaper
alternative to the contrived and fast-evaporating interbank borrowings that Anglo had come to depend
on, particularly welcome just around the time Anglo was performing its balance-sheet contortions with
Irish Life and Permanent. It is an issue of real concen that some of Irelands developers or even
bankers may have ploughed dodgy assets into this inscrutable repository away from the gaze of
NAMA, trustees in bankruptcy, the office of corporate enforcement and the rest. In another twist the
UniCredit subsidiary, Pioneer Investments, which has an office in Dublin, owns a large number of
Anglo-Irish bank bonds. Pioneers Dublin office seems to be a colourful operation. Village was told of
a meeting arranged for employees of Pioneer in Dublin with the papal nuncio to Ireland, at which it
appeared that a hierarchy, entirely unrelated to the separate hierarchy in the bank, determined the
sequence in which baciamani (kisses) were performed around the ecclesiastical ring.
On a more prosaic level, Italian media reports last year suggested Roman prosecutors suspected
certain Italian taxpayers of using the Vatican bank, the Instituto per le Opere die Religione (Institute
for Religious Works) as a cover for tax fraud and embezzlement. According to the well-respected
Italian newspaper, La Repubblica, investigators discerned years ago that the Vatican bank
administered several accounts at other banks including UniCredit. According to press releases, bank
investigations revealed that from 2006 to 2008 illegal transactions were carried out totalling about
180 million. In September 2009, the former President of the Vatican Bank, Angelo Caloia, resigned
after 20 years in office.
The last big scandal concerning the Vatican Bank was in 1982 when Banco Ambrosiano, in which it
was the major shareholder, went bankrupt. Banco Ambrosiano was implicated in multiple fraud and its
head, Roberto Calvi, was found hanging from Blackfriars Bridge in London, fuelling one of the
subplots in the movie Godfather III.
One thing is for certain in an age where the banking system is so interdependent and so fragile: the
silence of national regulators about dodgy banking practices is unsustainable and dangerous. European
regulators and their US counterparts need to know what is going on with UniCredit in Dublin and
elsewhere. Germany needed to know how DEPFA was being regulated in Ireland. Irish taxpayers need
to know who has funds in the former Anglo Austria, and we could all do with enlightenment about the
recurring dodginess of the papal bank. In a world where money can be transferred
instantaneously, banking systems are all interconnected. It is hopeless for national regulators to narrow
their horizons to protect their own banks. Matthew Elderfield is doing no favours to EU banking
regulators, or to the worlds banking and economic system, in being disingenuous about liquidity
breaches at the elusive UniCredit.
Blowing the whistle so hard it hurts
by Village 2 November, 2012,
Nearly all Irelands banks breached liquidity requirements, leading to the lack of liquidity that the
government provided a guarantee against, and which ultimately emerged as the insolvency that
bankrupted the country and immiserated the next generation. Failures at the Regulator and in the
Central Bank contributed as much as anything to this bankruptcy. The public is entitled to know that
these well-paid and cosseted functionaries have learnt lessons and are now demonstrating the most
stringent and scrupulous standards. Its interesting then to know how they treated the most important
whistleblower in Irish banking history.
In December 2010 a risk-manager in the Irish unit of UniCredit, Italys largest bank, described in
Village how in 2007 the Financial Regulator failed to intervene after he first alleged he falsified
liquidity-ratio figures. The risk-manager maintained he was specifically warned by senior personnel at
the Irish subsidiary not to report the matter to the Financial Regulator, even though sound banking
depends on maintenance of these liquidity ratios which are crucial to the ability of the company to
deal with losses of confidence. The liquidity ratio should be no less than 90 per cent. At UniCredit it
was calculated at an extraordinary 50 per cent. A ratio of 89 per cent would in normal circumstances be
deemed problematic. In banking terms this is like paying with a two-euro note.
Jonathan Sugarman blew the whistle on the massive repeated breaches. This magazine received
aggressive threats from McCann FitzGerald solicitors on behalf of UniCredit not to publish the
information.
The new poster-boy regulator, Matthew Elderfield, stated in response to questions from the Sunday
Business Post, and the Sddeutsche Zeitung, a respected German newspaper, about statements made in
the Seanad by David Norris which backed up Sugarmans account, that our records do not match the
description of events given by Senator Norris nor did we receive what might be described as a
whistleblower letter. We can, however, confirm that an overnight liquidity breach was reported by an
institution around the time in question. The matter was followed up with the institution and rectified to
the satisfaction of the Financial Regulator at the time.
For someone in whom so much public good-will has been invested, this is remarkably disingenuous,
though certainly true. The Regulators records presumably do not match Senator Norriss because its
agents didnt look hard enough or take a proper record; and the Regulator did not receive a
whistleblower letter as the letter came from UniCredit itself, which limited its declaration to one
overnight breach. Notably, nothing the Regulator said undermined the credibility of the risk-manager.
Largely as a result of the story in Village which named the bank, the Central Bank said it would
conduct a review of the case and invited parties with information to share it: if any party has specific
information they wish to draw to our attention in this matter it will be treated on a confidential basis.
Things dragged out but in February 2012 the risk-manager attended a meeting with the office of the
regulator. Scandalously the banks offer of confidentiality was revealed under pressure to be
spurious when it insisted that it wouldnt be enough to shield Sugarman against self-incrimination in
the event his own actions constituted criminal activity. The Central Bank insisted it must forward
information to the DPP if there were evidence of a crime. This highlights the need for whistleblower
legislation to protect insiders who tell their truth and particularly that legislation should be
retrospective, so it would embrace cases like Mr Sugarmans.
In June, the Central bank informed Mr Sugarman, without giving reasons, that the matter was closed
and only after Mark Keenan raised the affair anew in the Irish Independent in September, did the
Central Bank finally furnished minutes of the meeting it had had with Mr Sugarman. This was six
months after the original meeting. For some reason Mr Keenan is no longer writing on these issues in
the Irish Independent.
Matthew Elderfield and his office are doing no favours to EU banking regulators, or to the worlds
banking and economic system, in being disingenuous about liquidity breaches at the elusive
UniCredit. If there is a desire not to frighten the horses just while our bailout is under review, it is
misplaced. The lesson of recent history for this country is scrupulousness and openness.
There is a general official view that Irelands ethical delinquencies are in the past. Deviant planning
stopped when the tribunals started; and bad banking regulation stopped with the demise of Pat Neary.
In fact this is not so with planning as we have seen with the kicking to touch of John Gormleys
reviews of planning in six counties. Scrutiny of what happened in banking has been limited to two
innocuous reports by Patrick Honohan, Peter Nyberg and Klaus Regling. These notably failed to
attribute blame or to deal with how liquidity ratios were breached all over financial Dublin with no
comment from the usual over-paid auditors, and no sanction.
Inconveniently for a country that has started to see corruption and regulation in black (then) and white
(now) terms, the general view may not reflect the reality. Without proper scrutiny we cannot be sure
either way.
Like bad planning, bank under-regulation was a manifestation of this countrys ineradicable tendency
to pander to vested interests and to the short term. It is time we got to the bottom of what happened in
Irish banking. Scrupulous investigation of Mr Sugarmans allegations would be a symbolic good start.
It has been clear for some time now that the ideal of equality before the law has been buried.
The US. Department of Justice made it clear a few months ago, after it had declined to press criminal
charges against a string of banks (Citi, Wachovia and HSBC), that Too Big To Fail meant while such
institutions could be investigated and fined, they could not ever be found criminally guilty, because
that would endanger their continued survival. Thus TBTF equals TBTP.
The list of G-SIFIs (Globally Systemically Important Financial Institutions both banks and Insurers)
is therefore a list of those financial institutions that are now above the law. If it profits those
institutions, and those who own and run them, to disregard the law, they can and will because all they
face is a fine. A fine is just another marginal cost of doing business. A tax. And a small, discretionary
one at that.
In Europe we have had no similarly outright admission by the State that TBTF means TBTP. Instead
the G-SIFI lists of banks and insurers have been published without anyone in government caring to
make it clear that the State has taken it upon itself to raise the golden financial class above the law.
Of course there is one loophole just a tiny one and one that is easily ignored but one nevertheless.
And that is that if no Public Prosecutor will take a Bank to court then it is still possible for an ordinary
citizen to do so (Of course how easy or impossible it is depends on the country). But In Ireland it is
possible and one man, Michael Smith, has decided to try.
Michael Smith is a former barrister and the owner and editor of The Village magazine in Dubiln. He,
like me and many others, has had a long interest in the on-going case of the UniCredit whistleblower,
Jonathan Sugarman, AKA WhisteblowerIRL. It was Mr Smith who accompanied Mr Sugarman when
he went to to talk to the Irish authorities about what he knew. It was at that meeting that Mr Sugarman
was told by the authorities that they might well prosecute him if he told them about the crime over
which he had resigned from UniCredit, whereas they could not promise to prosecute the bank.
For those of you who dont know, the crime in question is actually very straightforward. Mr
Sugarmans job as Risk Managere at UniCredit, was to make sure the Bank was solvent at the end of
each day to check its liquidity. Mr Sugarman became alarmed when he found, at the height of the
Bubble, that UniCredit was in breach of its requirements. Not by just a little but by huge sums, and not
on one rogue day but regularly. The Irish Law is very clear. It was Mr Sugarmans job to tell his bank
and the regulator of the breach. This he did.
The bank told him to shut up. The regulator ignored him. Of the very few concrete actions taken by the
authorities perhaps the most symbolic was that they removed from the Central banks web site the
document in which the law can be seen. You can however still see the law for yourself, here in sections
9.4 and 10.
Sickened by this attitude Mr Smith, in consultation with Mr Sugarman, has decided if the Irish DPP
will not insitute an investigation/prosecution against UniCredit Ireland and several other Irish based
banks such as Anglo, then The Village will.
In an open letter to the Irish DPP Mr SMith calls their bluff. Essentially he asks is the Irish states
legal aparatus whoring for the banks or does it still have a single grain of honour left?
You can read the editorial here. The whole article is only available in the latest print issue. You can
read the two previous articles he has written about the Sugarman/UniCredit affair here and here.
It comes to somthing when ordinary people have to uphold the laws because their government refuse
to. But that is where we are, not just in Ireland but in all of our nations.
It remains to be seen what measures the banks and their friends in government will be willing to take to
close off from the people from any hope of legal and peaceful redress.
I sincerely hope Mr Smith does file suit against Unicredit, Anglo and the others. I hope people are able
to support him. Perhaps we, in other countries, can hope to do the same. Most fervently I hope the
government in Ireland and the Trioka in Bruselles do not close down this hope of redress.
Twilight of Justice
By Golem XIV on March 26, 2013 in latest
Back in December of 2012, when it was proved in U.S. court that billions of dollars of drug money had
been laundered through HSBC and yet somehow it was also found that HSBC was NOT guilty of
laundering and neither was anyone in the bank, there was an outcry.
In America Massachusetts Senator Elizabeth Warren, when she was grilling federal bank regulators at
a Senate Banking Committee hearing, said
No one individual went to trial, no individual was banned from banking and there was no hearing to
consider shutting down HSBCs activities here in the United States.
Which did seem outrageous at the time given that, for example, according to Senate and Justice
department reports, HSBC had,
failed to monitor over $670 billion in wire transfers and over $9.4 billion in purchases of physical
US dollars from HSBC Mexico from at least 2006 to 2009.
And that,
HSBCs Mexico bank had a branch in the Cayman Islands that had no offices or staff, but held 50,000
client accounts and $2.1 billion in 2008.
Who in the bank knew about this? Evidence uncovered by investigations into HSBCs activities
revealed,
The Question
So what does it take? How many billions of dollars do you have to launder for drug lords and how
many economic sanctions do you have to violate before someone will consider shutting down a
financial institution like this?
What indeed.
In the UK it was noted that during the time the laundering was going on, the chief executive of HSBC
in 2003 who then became its chairman in 2006, was Lord Green, who is now the UK trade minister. So
obviously no great concern to get to any truth about HSBC, in the hierarchy of the UK establishment.
Warrens question, What does it take? was finally answered by U.S. Attorney General Eric Holder in
March 2013, when he told the U.S. Judiciary Committee that the Justice department had decided not to
pursue any criminal prosecution of HSBC because ,
I am concerned that the size of some of these institutions becomes so large that it does become
difficult for us to prosecute them when we are hit with indications that if you do prosecute, if you do
bring a criminal charge, it will have a negative impact on the national economy, perhaps even the
world economy,
The U.S. Justice Department felt it could not criminally prosecute the bank because a criminal
conviction would mean the bank would lose its license to bank in the US which would kill it and a
whole range of other institutions, which the bank relies on to buy its debts and its investment products
would be prohibited from doing so as soon as the bank was deemed to be criminal.
So the official answer to Senator Warrens question, according to the mighty U.S. Justice Department,
is that ,yes, HSBC had laundered, but it was simply too big to prosecute. The bank and its senior staff
were and are untouchable. They could be fined but not criminally prosecuted. The real answer to
Senator Warrens question, What does it take? is that she asked the wrong question.
This isnt about lack of proof or the complexities of financial crimes or showing who knew or proving
actual intent. It is not about proof or criminality at all. It is about there being a new category
of financial entity which our law makers and prosecutors have decided for us, is above the law. They
are called G-SIFIs, Globally, Systemically Important Financial Institutions or G-SIBs, Globally
Systemically Important Banks.
I think we have not yet thought through the immense consequences of the decision that has been made
for us, that G-SIFIs are above the law. But I think we need to make a start.
The List
We all know the HSBC isnt the only bank too large to prosecute. There is in fact a list.
The list is decided upon by the FSB. It is updated every
year.
The FBS (Financial Stability Board) is a new international body. It is made of representatives from the
central bank, financial regulator and Treasury from each of the 25 member nations plus representatives
from:
The Bank for International Settlements (BIS), the ECB, the European Commission, the IMF, OECD
and World Bank, plus representatives from the Basel Committee on Banking Supervision (part of the
BIS), the Committee on the Global Financial System (another part of the BIS), the Committee on
Payment and Settlement Systems (another part of the BIS), the International Association of Insurance
Supervisors, the International Accounting Standards Board, and the International Organization of
Securities Commissions.
Guess which institutions provide the membership for ALL of the above international bodies? Yes, you
got it the big banks. And how many Central banks can you think of that are staffed or even headed by
people formerly from one of the Big Banks?
You tell me who is really staffs the FSB and whose world view and interests the FSB actually
represents?
Then consider, they are the ones who decided who is above the law.
28 banks are officially above the law and WILL NOT be criminally prosecuted no matter what they do.
Remember thats not me saying this. It is the U.S. Department of Justice saying it.
Not only 28 banks but all their senior executives, chairman/woman and board members. It would be
very difficult to find a senior person in a bank to be criminally guilty but yet not find the institution
guilty. So we could compile a list of people who are now, at least as concerns any financial and
professional actions, also above the law. They can do things you would go to goal for. How does that
feel?
Oh, by the way, this year, in April, we will see the announcement of another list, this time of Globally
Systemically Important Insurers (G-SIIs). They too will be above the Law.
When we say a bank is above the law, not only should we remember that this means specific people are
above the law (at least in how they make money) but we should also remember that this also means the
assets in those banks are above the law. This means if a banks does things which are illegal but
lucrative such as laundering money in order to get the use of those laundered billions to then use
them as, lets say, capital to underpin loans or for speculating, for example, and by doing those illegal
things it makes out sized profits for its shareholders and staff, that money, those profits are also above
the law.
Since the bank and its senior staff are above the law and breaking the law is profitable, a) no one has an
interest to say no, b) shareholders and staff will directly benefit from breaking the law. They will make
more money by participating in law breaking or by investing in a bank which is law breaking. They
will, in fact have an interest making sure it continues.
Two questions. Whose wealth are we talking about and how much?
There are many ways of measuring how much wealth we are talking about as being above the law. Not
all are publicly available and not all banks quote things in the same way. So by necessity the figures I
have are not a perfect or even direct measure but they are a good indicator of the scale of the assets
which are essentially above the law (they can be used for illegal purposes and the bank will not be
punished nor the profits severely harmed even if the bank gets fined)
http://www.bis.org/publ/bcbs207.pdf
Here is the above list with the banks total assets. The figures are mostly from the Bankers Almanac
with a couple added from Wiki. This give a good idea of how much wealth is above the law by virtue
of being in banks which are above the law.
Citi $ 1.2 T
Deutsche $2.8 T
HSBC $1.2 T
Barclays $2.4 T
Bank of NY Mellon $1.4 T ( this is not Total Assets but Assets under management)
RBS $2.2T
UBS $1.5T
BBVA $0.77T
Nordea $0.92T
Santander $1.6T
UniCredit $1.2T
Total $42.169T
http://www.fsb.org/wp-content/uploads/r_121031ac.pdf?page_moved=1
I know these figures are only an indicator but when you get to $42 T I think the indication is clear.
What you will notice is that there are quite a number of banks not on this G-SIFI list which are larger
than some on it. What does this mean? Two things I think. First some banks are on not because they
are the biggest but because they have vast assets under their management. Other are there, such as
Goldman, because they are counter-party to vast swathes of other peoples derivatives. And some are
not on because their country does not have the clout to have above a certain number of banks on the
list.
What this last point tells us is that there are other banks that if it came to it would be treated as too big
to fail/prosecute but are not on the list. A whole category of such banks are those which are not
globally systemically important but which are vital to the country they are incorporated in or do
business in. There are a number of banks in Europe, not on the G-SIFI list but which their national
governments would never allow to go down or be criminally prosecuted. These banks to are therefore,
also above the law even if theyre not on the list.
But for the moment lets just stick with our total of $42 Trillion and change currently in banks which
operate above the law (Yes I know they can be fined but the fines are a wrist slap compared to the
money they make by breaking the law).
You might at this point object that these banks contain deposits from all sorts of people, many of them
ordinary. True. but the bulk of that $42 trillion is not the savings of widows and orphans nor charities
and churches. It is the money of the top 1% or 10%.
In the UK, for example, 40% of the wealth is held by the top 10%. While in the USA the top 10% hold
between 81% and 94% of all the wealth. Which means the bulk of the money in those banks, available
for use in illegal but lucrative schemes, belongs to the wealthiest 10%. And they also happen to be the
people who run the banks, sit on the board of the FSB (there are no representatives from anti crime
NGOs for example and certainly no one representing the 3.5 billion people in the world who earn less
than $2/day) and decide who and what is now above the law. So very neat and tidy.
No dissent allowed
The concept of the G-SIFI also does violence to international law and sovereignty. Lets imagine some
small rogue country, one which still believes in equality before the law, gets a rush of blood to the
Judiciary and they file criminal proceedings against a G-SIFI for crimes committed in their country.
Lets imagine the bank is HSBC. Now the U.S Justice Department has already declared this bank is too
important to convict. Would the US stand by, would the UK stand by, and allow some tin-pot country
run by foreigners to imperil what the US has already said MUST NOT be imperiled?
Would they allow it to happen? Or would they bring pressure to bear? Would they find a way to stop a
prosecution they felt could imperil US interests and the stability of their economy? You decide what
they would not be willing to do.
Lets just say that somehow it happens anyway. We would then be in a situation where countries would
have to start to pull apart the entire system of international entente. Fellow UN members would have to
start saying other countrys legal decisions and courts were meaningless and would not be recognized.
Imagine the fall out from that.
One country would prosecute and provide evidence of criminal conduct and the other countries would
have to not only instruct their own Judiciary to ignore it, but would have to say to its citizens and its
press you too must ignore what you might read or hear, even if you can see it is the truth. Even though
the evidence might be crystal clear and indisputable, those hanging on to the G-SIFI list and
concept would have to insist everyone ignore the evidence on pain of legal action for libel and
defamation, and refuse to allow the foreign evidence to be used as the basis of a court action. Can
you imagine the chaos? So we can conclude that no country would be allowed to pursue a criminal
case whose conclusions might create such a disastrous mess. What would be left of sovereignty?
It would be the reverse of what happens now. At the moment courts and national regulators are used to
shut the door to prosecutions which might implicarte one of their banks, by either simply refusing to
investigate or going ahead and investigating and saying that their banks involvement was not a
crime. Thus insulating their bank from any accusations in future. This has happened in three European
countries in cases I have become aware of.
Sorry this has been such a long article. But the G-SIFI is here to stay and is already corrupting our
judicial system. That corruption will only grow if we do not take notice of it now.
Once again, my friend Jonathan Sugarman, the Irish/UniCredit whistleblower, is to appear before a
public body and attempt to put on the record what those in power and their friends in the banks have
tried for a decade to suppress.
On Thursday Jonathan is to testify before The Committee on Finance, Public Expenditure and Reform,
and Taoiseach. Jonathan was invited to testify some weeks ago. Now I obviously dont know any of
the confidential story. How could I? But what I do know from Jonathan, is that it was and still is, his
hope and intention to tell the committee exactly what he knew of what led to the Irish banking
collapse. If I know Jonathan he would have been very clear with those who arranged the invitation that
he would not be censored nor deflected into talking of other safer topics. He would have been very
clear he would testify with his first hand knowledge of 1) what happened at Unicredit, 2) How this was
an example of unwise or illegal activities within the broader banking sector. I know Jonathan has
always felt it was imperative that what he knew should be on the public record since what he could
testify to, lay at the root of the general banking collapse, shed valuable light upon why the government
suddenly and against professional financial advice paid the notorious blanket, overnight bank
guarantee and how this led to the crippling public debt that was its direct result.
All Jonathan wants to do on Thursday is to tell the truth. Too many in the major parties, the Central
Bank and the Banking community have worked and continue to work very hard to keep him and a few
others like him firmly shut up behind a wall of legal and financial threats.
Jonathan has tried before to get things on the record in Ireland. From the beginning he has had dealings
with all the major parties telling them what he knew. Every one of them listened, made promises and
later disowned him. Some even claiming they had never met him. Such is the immense fear and
pressure to keep what really went on, buried.
And I fear it is happening again. The invitation was to talk about banking and its regulation things of
importance for the future of every man and woman in Ireland. But in the last days when the Central
Bank and the large private so called Pillar Banks, of Ireland have testified the central bank
particularly has chosen to talk exclusively about such pressing topics as tracker mortgages and car
insurance. So, a committee wanting to investigate banking and its regulation, calls in the Irish Central
bank the key banking regulator which then decides it will talk about tracker mortgages? In my
opinion, the banks with the help of the Central Bank are trying to limit the agenda before Jonathan
even arrives. I think they are trying to make sure that nothing of import is covered and there is nothing
that could lead to any difficult questions for anyone to report or to follow up.
Why would the big private banks and the Central bank be so concerned to restrict the whole thing to set
such limited agenda? Lets take the example of Mr Richie Boucher. He is the CEO of Bank of Ireland.
He is about to step down. You might think he might have a great store of vital, interesting and relevant
things to talk about. He was, after all in the room with Lenihan and Cowan on the night the Bank
Guarantee was agreed. As was, I have been told by two separate people who claim to have knowledge
but have never had it officially confirmed a certain Peter Sutherland father of the WTO and head
cheerleader for globalism in general, and who was, on the night of the guarantee, chairman of
Goldman Sachs International (A post he held from 1995 and didnt give up till 2015). So you might
have thought the committee would love to ask and be told by Mr Boucher what happened that night
and what events led up to that most fateful of decisions, taken so quickly and so irrevocably by a group
of men behind closed doors. But no. If you want to give yourself a headache go read his dozens of
pages of testimony and I challenge you to find a single thing of vital interest to anyone wanting to
understand banking regulation, or the lack of it, in Ireland.
The government can have as much shiny banking regulation as it can find paper to print it on. And
shout about how wonderful their regulations are. The fact of the matter is any idiot can have paper
regulation but if they chose not to ever enforce them then it is naught but a store- house of toilet paper
for the banks and bankers to use.
The decision to bail out all the banks and the decisions to ignore all the warnings they were given by
Jonathan and others, which led to the most momentous and far reaching decision of recent times, that
has effected then lives of every person in Ireland, is still shrouded in secrecy. Do you know why the
decision was taken? Would you like to know how Ireland got to the point that such a decision was ever
needed? Why are those like Mr Boucher not being forced to tell on oath what they know? Do the
people of Ireland not have a clear right to know?
If Jonathan is told he can only talk about the irrelevant topics the banks and central bank have chosen
to restrict themselves to, then they will have silenced Jonathan yet again. This must not be allowed to
happen.
I can tell them it wont work. Too many people are watching. Too many are aware of what went on and
whose necks are at risk. And not least, Jonathan, despite being hounded relentlessly, is not one to back
down. He has kept his powder dry and what a store of powder it is.
And here is the list of Bond holders that Jonathan and I tried twice, through the good offices of Senator
Norris, to get read in the parliament both times being prevented. These are some of the bond holders
the Irish government was so determined to bail out that it decided it would crush a generation of its
own people with crippling austerity.
When will the People of Ireland make their voices heard and demand that the truth and the whole truth
be told, and damn those who have profited from its suppression?
Yesterday a very high-powered panel of international banking whistleblowers met and told their
stories in the European parliament. The questions raised were important. Among them was the Irish
Whistleblower, Jonathan Sugarman, who when UniCredit Ireland was breaking the law in very serious
ways reported it to the Irish regulator.
He related how he was not only ignored by his bank, the Irish regulator but also all the major political
parties. He then pointed out that the Irish regulator claims that it always and it is the law after all
informs the regulator of the home country of banks which have subsidiaries in Ireland, about any
serious problems. In the case of UniCredit that would mean the Italian Central bank would have been
told that Italys largest Bank was in serious breach of Irish law in ways that could endanger the whole
banking system. The head of the Italian Central Bank at the time was a certain Mr Mario Draghi. Mr
Sugarman suggested Mr Draghi should be asked point-blank of he did or if he did not know. If he did
not then the Irish regulator was at least incompetent, and may have lied, misled and perhaps even
broken Irish laws. If he was told and did know, then Mr Draghi has serious questions to answer
regarding his own dereliction of duty.
Surely not I hear you say. Well perhaps someone might ask him? Or is he above the law?
http://www.guengl.eu/news/article/whistleblower-protection-what-must-be-done
I'd ask him but, his bodyguard ,er I mean ECON chairman @gualtierieurope
wont let it happen.
https://twitter.com/lukeming
Here you are, on regulatory capture. Ireland turned that into a selling-point,
soliciting for more trade.
Investor-state dispute settlement (ISDS) provisions in bilateral investment treaties (BITs) and free trade
agreements (FTAs) have effectively created a powerful and privileged system of protections for foreign
investors that undermines national law and institutions.
ISDS allows foreign corporations to sue host governments for supposedly causing them losses due to
policy or regulatory changes that reduce the expected profitability of their investments. Very
significantly, ISDS provisions have been and can be invoked, even when rules are non-discriminatory,
or profits come from causing public harm. ISDS will thus strengthen perverse incentives for foreign
investors at the expense of local businesses and the public interest.
In recent years, ISDS provisions of investment treaties, free trade and other agreements have
increasingly provided an investment opportunity to make money by speculating on lawsuits, winning
huge awards and forcing foreign governments, and taxpayers, to pay. Financial speculators have
increasingly purchased corporations deemed capable of profitably bringing winnable ISDS claims,
sometimes using shell companies.
Some hedge funds and private equity firms even finance ISDS cases as third parties, with ISDS itself
the raison detre for such investments. Such third-party funding of ISDS claims has been expanding
quickly as financing such claims has proven to be very lucrative.
Third-party financing reduces litigation costs to the corporations themselves, making it easier, and thus
encouraging them to sue. Foreign corporations typically do not have to declare receiving third-party
funding for an ISDS case. Not surprisingly then, the ISDS claims-financing industry is booming as
different types of investors have been attracted by and drawn into financing lawsuits, treating ISDS
claims as speculative assets.
The International Council for Commercial Arbitration estimates that at least three fifths of those
considering ISDS claims have inquired about possible third-party financing before pursuing them.
Financing firms provide clients with litigation packages from the outset, advising on what treaties to
exploit and which law firms to hire, even recommending arbitrators.
While bondholders do not actually develop productive capacities or sell services in a host country, they
too can resort to ISDS arbitration to maximize returns to their debt purchases. Thus, bond-holders who
have lost value can use the ISDS back door to sue countries for compensation, thus encouraging a new
speculative investment option for vultures. Hence, ISDS allows investors with little connection to the
aggrieved initial investment to benefit financially as well.
ISDS advocates claim that case outcomes remain uncertain, with foreign corporations only winning
about a quarter of the cases they initiate. But this proportion does not include settlements agreed to
before arbitration proceedings are concluded when the foreign corporations secure huge gains. ISDS
arbitration is very attractive, even tempting to foreign investors who would otherwise not pursue claims
in national courts against host governments.
Recent ISDS arbitrations have seen much greater delegation of authority to arbitrators in interpreting
and applying agreements, without any option to appeal or otherwise challenge the arbitrators
decisions. There is no way to ensure that arbitration tribunals will interpret and apply treaty provisions
in ways consistent with governments understandings of what treaty obligations imply.
Those investing in ISDS cases recognize that the most vulnerable governments for investors to sue are
typically those already in some trouble. For example, when a country resorts to emergency economic
measures to protect its citizens, investors can easily claim that these undermine earlier understandings
of international agreements. Ensuing lawsuits typically hurt the countrys credit rating, raising capital
costs and undermining its ability to attract investment.
http://triplecrisis.com/dispute-settlement-becomes-speculative-financial-asset/
Barings Bank had survived all that more than two centuries had thrown at it. The Industrial Revolution,
World Wars, even the Great Depression. Then along came one audacious 20-something called Nick
Leeson and the whole venerable, rock-solid British financial institution came tumbling down.
I didnt know that the bank was going to collapse. I didnt know what the capital base of the bank
was. I wasnt really interested as long as the money kept coming I knew the effect of my actions would
be dramatic. I didnt really understand they would be quite as catastrophic as they were. NICK
LEESON Rogue Trader
Trading futures in Singapore, Leeson blew more than a billion dollars. Barings closed its doors and
Leeson went to jail. All these years on, with super-sophisticated systems monitoring the traders and
their every deal, what are the chances of it happening again? If youd asked Nick Leeson in recent
years he would have told you extremely remote.
And yet just a couple of months ago, as Europe rocked and reeled in a financial crisis thats also
shaking the rest of the world, another rogue trader was nabbed. Kweku Adoboli a trader at the giant
European bank UBS was arrested and accused of burning 2.3 billion dollars.
Europe Correspondent Emma Alberici has assembled a stellar cast of famous and infamous financial
luminaries to investigate if rogue traders are really reckless loners or simply individuals pushed to
extremes by a reckless and unruly financial sector. What can their behavior tell us about Wall St
Investment Banking and the Global Financial Crisis, the crises and collapses in Ireland, Iceland and
elsewhere.
Emma Alberici meets a former insider who speaking for the first time - alleges major criminal
activity in some of Europes top banks and who says the regulators are asleep at the wheel.
We also hear from a trader-turned-neuro scientist whose research reveals that testosterone is a major
motivator of extreme financial plays and levels of the hormone can make a millions dollars difference
to annual salaries and bonuses.
__________________________________
Transcript
ALBERICI: Theyre the bad boys of high finance, burning millions, sometimes billions of dollars. But
given the recklessness of banks, and their central role in the economic crisis gripping Europe and
sending shockwaves around the world, are rogue traders maverick loners, or just a product of a high
rolling culture out of control?
So much of what happens on Wall Street is felt across the globe. Investors take their lead from this
financial hub, now people angry about banks and bankers are doing the same. The Occupy movement
has spread to London, to Rome and here to downtown Dublin.
Jonathan Sugarman isnt the kind of person you expect to meet at a rally against economic inequality.
After all he was a big city banker, the very breed of 21st century capitalist whos brought thousands of
people onto the streets all over the world. But this insider is now as appalled as anyone here about a
system thats making the poor pay for the mistakes of the rich.
JONATHAN SUGARMAN: You have hospital wards shutting down, you have schools shutting
down, you have public services that are now being curtailed because theres no money. The moneys
gone to the banks. Your money, my money everyones money has gone to the banks. What we need
is for the regulation that exists to be enforced.
ALBERICI: Jonathan Sugarman has never spoken publicly about his experiences until now. In 2007 he
became a very senior executive at UniCredit, Italys biggest bank one of the top five banks in Europe.
He was the head of risk management in Ireland.
JONATHAN SUGARMAN: At the bank we have a license to operate as a bank which is very much
like a driving license. It says this is the speed you can go, this is what you can do and you have to
operate within these limits and it was my job to make sure that that was done every day.
ALBERICI: Jonathan Sugarman monitored the back office, the people responsible for checking the
trades and the traders out front. He soon realised the numbers werent adding up. He suspected his
bank was breaching strict rules over how much cash and assets its required to hold in reserve.
JONATHAN SUGARMAN: And I insisted that we notify the regulator immediately which is
precisely what we are required under the terms of our license and under Irish law to do.
ALBERICI: How certain are you that UniCredit broke the law while you were there?
JONATHAN SUGARMAN: A hundred per cent certain and to use the Irish expression, to be sure, to
be sure that is why I brought in this London based IT company which had a very good reputation in
Dublin and the result was pretty horrific because whereas the breach that Id reported to the regulator
was a breach of twenty per cent, whereas the permissible deviation was one per cent, they rang me up
one evening soon after they tied into our systems, linked into our systems and said your breach is
actually forty per cent.
ALBERICI: When he raised the alarm with his chief executive, the response was dismissive. It was a
systems error. The risk manager was instructed to continue approving the deals. Jonathan Sugarman
was in the thick of a reckless banking culture that was on a collision course with disaster.
JONATHAN SUGARMAN: Well on the days that the system threw up these figures that I was told
were incorrect we would sign to say oh this is a system error and were confident that everythings all
right, and just carry on as we did before. Never notified anyone. So when you think of the fact that
when Nick Leeson brought down Barings Bank, it collapsed over eight hundred million pounds, I was
signing over five billion every day that we didnt have.
NICK LEESON: Understanding the dictionary definition of the word and the fact that I spent four and
a half years in prison I am a criminal. I always knew what I was doing was wrong and did I think it was
criminal from inception? Absolutely not.
ALBERICI: Its been sixteen years since Nick Leeson single-handedly brought down Britains oldest
bank, Barings. It was such a spectacular, audacious outrageous act of financial skulduggery,
Hollywood made a movie about it.
ICK LEESON: I mean success was the thing that I always wanted and you know conversely my
biggest fear was to feel a failure and the fear of failure was probably the one thing that I couldnt
countenance so putting my hand up and saying look theres this error that I should have closed
yesterday but I ran it into another day and therefore made the problem even worse, was the thing that I
couldnt do.
ALBERICI: The bank was two hundred and thirty three years old. It had survived wars and the Great
Depression, yet it took just one upstart twenty-five year old futures trader to knock it over.
NICK LEESON: Firstly I didnt know that the bank was going to collapse. I didnt know what the
capital base of the bank was and wasnt really interested as long as the money kept coming and so you
know I knew the effect of my actions would be dramatic, I didnt really understand they would be quite
as catastrophic as they were.
ALBERICI: Before Leeson became a trader for Barings in Singapore, he was a back room bookkeeper
in London. He knew how to work the system, keeping his losses out of sight in a secret fund. He was
so good at covering his tracks, Barings thought he was making them millions and sent him more and
more money to play with. It took the bank three years to wake up. By then it was way too late.
NICK LEESON: I didnt enjoy a moment of it .You know there was always the fear that what was
happening was going to be exposed and that was always my greatest fear because that would have
highlighted my incompetence and negligence and failure to everybody around me and that was the one
thing that I didnt want to happen.
ALBERICI: Did you ever stop in that time to think that actually some one individual or bunch of
individuals were actually losing that money that you were hiding in that account? That that was
someone or some institutions money?
NICK LEESON: Um no I dont think you do.
ALBERICI: Nick Leeson was convicted of fraud and spent four years in a Singaporean gaol. He was
released in 1999 and returned to make a new life for himself in Ireland.
NICK LEESON: When I first came back from Singapore in 1999 I used to... I was regularly asked
you know do you think this can happen again and I know my answer was always no and the reason
why it was no was... I know how incompetent and negligent I was. I know how incompetent and
negligent the bank was. I know how bad the auditors were. I know how bad the regulators were. I know
how bad the central bank was at the time and I just believed that if you tried to build the probability of
all that happening together at the same time in the future, the possibilities were extremely remote.
NEWS REPORT: [September 16, 2011] London police have arrested a potential rogue trader who
could have cost the Swiss Banking Group UBS an estimated two billion dollars.
ALBERICI: The possibilities of it happening again were not so remote at all. Just months ago, thirty-
one year old Kweku Adoboli became the latest trader accused of being a rogue. Based in London at the
giant Swiss Bank UBS, he was in charge of the Delta 1 desk which traded complex financial products.
OLIVER METZNER: I dont think there are rogue traders without rogue banks. That is to say, its
only possible if the banks want it to be possible.
ALBERICI: Despite the technological advances since Nick Leesons days in Singapore, sophisticated
systems monitoring traders and their activities and claims by the banks themselves that theyre vigilant,
its alleged Kweku Adoboli did them blind. His so-called rogue trading started in 2008 at the height of
the global financial crisis and around the same time the Swiss taxpayer was forking out six billion
dollars to rescue UBS from the brink of bankruptcy.
OLIVER METZNER: The crisis of 2007-2008 led to conferences and debates where we said wed do
this and that, and nothings been done nothings been done.
ALBERICI: Oliver Metzner is one of the worlds most sought after criminal defence lawyers. His
client Jerome Kerviel is appealing a conviction for rogue trading at French Bank, Socit Gnrale.
Hes said to have gambled away six and a half billion dollars the biggest trading loss in history. Just
like the UBS scandal, Kerviel was working on the Delta 1 desk where he invented buyers and sellers
and created phantom deals to hide his losses.
OLIVER METZNER: Is it normal that banks bosses who lead their banks to bankruptcy dont get
punished for it? There are real problems and indeed it is difficult for the average French person to
understand why sometimes we focus on a Jerome Kerviel a Nick Leeson and not on the banks
themselves.
ALBERICI: Here at the Palace of Justice in Paris, Jerome Kerviel admitted that hed made big
mistakes that almost brought down one of Frances biggest banks. But he wasnt about to take all the
blame for what his legal team described as a rotten culture that encouraged excessive risk taking,
celebrating traders when the markets were up, only to isolate them when their bets turned bad. In this
courtroom drama, calling Jerome Kerviel a rogue trader allowed the bank to cast itself as the victim.
EROME KERVIEL: I take my share of responsibility. I wish that the others take theirs. Its the
system, not me that set it up. Everyone took advantage, and I dont want to take full blame. Everything
was checked and seen in the Socit Gnrale computer system.
ALBERICI: Like Nick Leeson, before becoming a player himself, Jerome Kerviel spent years in the
banks back office, recording trades and monitoring the traders.
HUGUES LE BRET: Because he did spend a lot of time in control teams so he did know very well the
controls so he knew well how to avoid the controls and to hide the position and to lie to people from
controls when they ask questions.
ALBERICI: Hugues Le Bret was an executive director at Socit Gnrale when Jerome Kerviel was
caught.
Was it the culture within the bank that inspired, encouraged excessive risk taking?
HUGUES LE BRET: Thats what Kerviels saying. I dont think the culture was to take excessive
risks but I think the culture was to make more and more money in this.....
HUGUES LE BRET: By taking more positions, inventing new products, developing new activities
the activity of Kerviel was quite new, it was invented a few years ago, a few years before, so we
certainly have in trading rooms, a greed culture.
ALBERICI: Greed?
HUGUES LE BRET: Greed, yeah where people want to make more money, to have higher bonuses.
JOHN COATES: I think the biggest bonus I heard of in the banking system was about.... I think it was
close to two hundred million.
ALBERICI: Theres very little in the way of reliable science behind what money market traders do but
science might help explain how they behave.
JOHN COATES: During the dot com bubble I noticed the behaviour of traders change, it changed
very noticeably. Theyre normally quite a prudent lot, you know yuppies with a family, but during the
dot com bubble a lot of them, both on the trading floor and all along Wall Street became euphoric,
delusional.... they had racing thoughts, diminished need for sleep. They were taking far more risk than
they used to. The risk was... had terrible risk reward trade offs and they seemed hornier than usual
given the amount of pornography on their computer screen back in the days when you could have porn
on your computer screens. I was only later to find out that these were clinical symptoms of mania.
ALBERICI: John Coates spent twelve years on Wall Street, running his own derivatives trading desks
at Goldman Sacks and at Deutsche Bank. He gave it all up to pursue a PhD at Cambridge. His
speciality? Neuro economics.
JOHN COATES: The other thing I noticed at the time was that women were relatively immune to the
behaviour I was seeing in the traders so I was seeing this irrational exuberance. I thought it was
chemical. It wasnt really happening with women so there was sort of an obvious candidate for what
that chemical may be and thats how I began doing research on testosterone.
ALBERICI: In the first study of its kind in the world, John Coates took salvia samples in a dealing
room, matching the change in a traders natural steroids with their profit and loss profile. His research
took into account the risks they were taking and volatility in the market.
JOHN COATES: What we found was that when the traders testosterone levels were high in the
morning, they made a lot more money in the afternoon then they did on days when their testosterone
levels were low in the morning. And it was a very powerful effect. This was huge. I mean this was, this
effect if you annualised it, would have added up to about a million pounds difference in their pocket at
the end of the year.
ALBERICI: It may be just one factor among many driving traders but what we do know from recent
and current crises, the culture of risk within banks and by banks is a very powerful and very destructive
force and no one seemed to know when risk becomes recklessness.
JOHN COATES: What turned out during the housing bubble was that everybody was just taking huge
risk. Everybody looked like a hero and then when it blew up, everybody lost more money than theyd
made in the past five years but they didnt have to give back their bonuses. If theyd been assessed over
a five year period I dont think they would have been taking as much risk as they were.
SIR JOHN VICKERS: If you do have a situation where people believe theres no way the bank can go
under - maybe because the government taxpayers standing behind it - that encourages... its almost a
license... for all sorts of risk taking which ought to be properly disciplined by the market place.
ALBERICI: In Britain Sir John Vickers has been trying to figure out how to protect the wider
community from the rack and ruin of mischievous banking practices. Sir John is the warden of All
Souls College at Oxford University. He was the former Chief Economist at the Bank of England and
recently headed up an independent government review that recommended separating prudent
traditional banking from the risky business of investment banking.
SIR JOHN VICKERS: The principles behind that in a way are to say the simple deposit taking,
lending to individuals and small businesses through overdrafts and other ways, that happens in the ring
fenced bank. If people want to do the sophisticated stuff, the complicated things, the international
things, thats fine, thats up to them - but weve got to have a structure where theres no way that the
taxpayer can be dragged into back stopping that if the risks go bad.
ALBERICI: But over in Ireland whistleblowers like Jonathan Sugarman dont have a lot of faith in
regulators and their rules.
JONATHAN SUGARMAN: Because we were breaking the law and it was my name on the reports
day in, day out. So under the eyes of the law, Im the person responsible to make sure that we kept
within our speed limit. And we went way beyond our speed limits on several occasions and the law is
very clear, I could face five years in prison for doing that. And I just didnt want to go to prison.
ALBERICI: He rang the alarm that his bank was in serious breach of liquidity rules but the reaction has
been painfully slow and inconclusive. Theres been outrage in parliament.... but four years on, even
after Ireland was taken to the wall by aggressive, unsustainable banking, the Irish Central Bank says
its still looking into Sugarmans claims.
And what did the police, the financial regulator, what did they do?
JONATHAN SUGARMAN: Effectively nothing, nothing at all. That is like walking into a police
station with a knife with blood on it and saying Ive just killed on someone and you expect the police
to say well wheres the body, wheres the person, what have you done? And they just say, fine, just
dont do it again. And that left me dumbfounded.
ALBERICI: Even one of historys most reckless operators has been astonished by the behaviour of
banks. Nick Leeson questions their willingness to learn from their mistakes.
NICK LEESON: Yeah I got myself back on the electoral roll in the UK. The first mail I got was credit
card companies offering me credit cards. You know I have an injunction against me for a hundred
million, Id lost eight hundred and sixty million of an English banks money and people were willing to
offer me credit cards, immediately on return. So it shows you straight away that the, you know the
controls and systems arent in place that they need.
ALBERICI: Leeson is no longer allowed to work in banking but he found a way of taking money from
international banks anyway. He advises them on how to guard against the kind of behaviour he got
away with at Barings. You have to wonder if theyre listening.
NICK LEESON: The weakness is in those risk management compliance and control areas. Always
has been, still is and probably always will be.
ALBERICI: While the rogue trader has reinvented himself as banking consultant, the whistle blower is
struggling.
JONATHAN SUGARMAN: It took me a while to pick myself up and then when I started looking for
other positions as a risk manager, I found a lot of shut doors and it turned out that telling the truth
doesnt really pay.
ALBERICI: Over the past twelve months Jonathan Sugarman has been writing an anonymous blog
detailing his experiences at UniCredit. This is the first time he has revealed his identity and as he
continues to look for work, he can only wonder if the bank that one day takes him is playing fast and
loose in a rogue system or has a rogue trader lurking in its ranks.
JONATHAN SUGARMAN: I mean here we are in 2011 with the cost of billions to UBF because a
trader who had come from the back office and was familiar with the systems knew how to get around
them. Because of his insider knowledge of the system, much like Nick Leeson twenty years ago, he
knew how to get around that and that is what we the taxpayers pay the regulators, the policemen of the
banks to make sure cannot happen and does not happen. And here we are twenty years later and its
still happening.
ALBERICI: Remarkably the rogue traders didnt actually pocket any of the money they punted on the
markets. Its the rest of us who are still paying the bill for their bad behaviour and for the selective
blindness of their bosses.
http://www.jonathansugarman.com/video.html
Recently you have given a few public lectures in Greece, on the issue of the banking system. Why are
you interested in our country?
To be completely frank, it was the Greeks who showed interest in me. Perhaps some people saw that I
worked as a risk manager, that my job was effectively to count the money held by a bank. [These
people] approached me because they did not know anybody else who might publicly declare that this
was his job. In June 2011 somebody offered to translate my blog into Greek, and since then I have had
many contacts with Greeks from all walks of life, concerned citizens and academics.
Can you please tell us in simple words what a risk managers job is?
I will give you a simple image here. If the bank were a car, then the risk manager would be the driver,
and the Central Bank would be the road police. A cars driver is not supposed to drive beyond the
speed limit. If the speed limit is 100 kilometres per hour, and the driver goes at 120 kilometres per
hour, then he risks a fine. Similarly, a banks risk manager is responsible for keeping minimum
liquidity. In other words, he must ensure that some amounts of money come in deposits for example,
and other amounts of money go out in the form of loans or other banking products. In every country,
the Central Bank defines the minimum liquidity that banks must always keep. In Irelands case, this
minimum was 90 per cent. If a bank were to go under this [minimum] limit, then the bank is to be fined
by law. In addition, the risk manager and the managing director could be sentenced to five years in
prison.
There was no reaction whatsoever. And this happened when we had gone as low as 20 per cent below
the required minimum liquidity, while Irish law required us to immediately report a breach of 1 per
cent! In other words, I confessed to the banks police that I had broken the law, and they, instead of
sending immediately their officers to thoroughly investigate what was happening in the bank, [the
regulator] sent us a letter that essentially told us that since you confirmed to us that the the crime had
stopped, we are satisfied!
Then I tried to find out what these technical problems were. A banks information system is its Bible.
A bank does not keep its accounts on loose pieces of note paper. If we could not trust the information
systems results, then we would be unable to know whether we really had sufficient liquidity, or not.
As a result, I called in a company that specialised in [banking] information systems.
They called me at my home one night, in September 2007, and said You complained to us that you
were anxious about your liquidity falling to 70 per cent, they told me. In fact, your liquidity is 50 per
cent! The next morning I went to the managing director and handed in my resignation letter.
I suspect that our activities were not being accounted for correctly. Some days we accounted them
correctly, on other days we did not.
But if the cause really was a technical problem, and not some fraud or some high risk transactions,
then why did you not solve the problem yourself, instead of resigning?
The existence of such a problem shows how amenable to fraud is the whole system. Recent scandals
with non-authorised deals by traders in the London offices of the Swiss bank UBS, or in Socit
Gnrale in France, prove exactly this fact. If the bank had failed next day, I would have been held
responsible for it, and according to the law I would go to prison for five years. Put very simply, I did
not want to go to prison.
Why do you believe that you were the only one to have been afraid of this?
Banks act with impunity. As we have seen
since, the upper echelons in banks can be confident they will never be held responsible for anything.
This does not necessarily mean anything, but Unicredit Bank Irelands chairman, Dr Brian Hillery
(pictured left), is an ex-member of the Irish parliament, and is from Fianna Fil, the political party that
was in power at the time. Later on, after I handed in my resignation, Hillery became a director of
Central Bank of Ireland. I wonder how can the Central Bank impartially investigate a bank whose
chairman now sits on the board of the Central Bank?
At the time, Ireland was labelled the Wild West of European Finance by the New York Times. Was
this fair?
Ireland was a very attractive place for banks and multinational corporations because of its extremely
low tax rate, which was 10 per cent. Banks could establish subsidiaries that would be controlled (or
rather, as it was later proved, would be not controlled) by the Central Bank of Ireland. In theory, we all
had our daddy and mummy, who were the big European or US banks. Whenever we run out of cash,
we could phone our daddy in Frankfurt, or our mummy in Rome, to send us some. Everything looked
perfect! Moreover, daddy and mummy had sent an official letter to the Central Bank of Ireland when
they created their subsidiary, saying that they would take care of their child should it ever misbehave.
So, the Central Bank was not too strict with us, children.
So why did your bank not pick up the phone to daddy and mummy, when it was obvious that you were
out of cash?
If the managing director had called his friend in Milan and told him that he had run out of money, then
the first question he would have to answer would be Why? Dont you know how to manage your
bank? Obviously then no one was going to call their parents and tell them they had misbehaved. In
theory, a liquidity problem could be solved in five minutes. But how was he going to justify that he
arrived at a liquidity level below 70 per cent when the law demanded at least 90 per cent? Obviously, if
anyone were to admit something like this, they would instantly lose their bonus!
And what was the reaction of the parent company when you resigned?
There was no reaction whatsoever. Three years later Senator David Norris presented my issue in the
Senate. Subsequently, Unicredits headquarters in Milan were contacted [by journalists]. [Unicredit
headquarters] Told them they had nothing to do with it all. Either they were pretending, or they really
did not know what was going on. So, I wonder Is it that your child in Dublin did not tell you what
really happened? Or, even worse, did the Central Bank of Ireland not tell Banca dItalia the central
bank of Italy, what had happened?
So is your opinion that the central bank of Italy knew about this?
I cannot answer this question. If you want an answer, you might ask Mario Draghi, who at the time was
governor of the Banca dItalia. This is a very simple question: While you were Governor of Italys
central bank, did you know that the biggest bank in your country did not know what its Irish child was
doing? And if you were not informed about it, how do you explain that?
Do you believe that the Irish banks failed for similar reasons?
A year after my resignation, within a single night, Irelands government had to guarantee all of its
banks. Perhaps they did not all face exactly the same problems, but finally they arrived at the same
point. Of course, I wonder where all the risk managers of these banks are now?
It is all part of the big lie which we are all living through. No one wants to be the first one to admit
the problem. Even if we leave aside the performance of any particular risk manager, the banking
system still has a set of other controls. These include auditing companies that co-sign the the annual
financial reports and the regulating authorities, the central banks.
It simply cannot be that it is no bankers fault. There are people who are responsible for signing that
everything complies with the law. Every bank has at least one risk manager; every bank has at least one
chartered accountant; every bank has an external auditing company. Every country has a central bank,
just as Ireland has the Central Bank of Ireland. Therefore, there are specific people who are responsible
for the fact that the banks in Ireland needed to be re-capitalised, and these people have a name and
surname. We cannot say, It just happened! or Daddy, the toy broke! Who broke it? I dont know, it
broke by itself!
It is a story that brings discomfort to many people in key positions at various places.
Can I suppose then that the Central Bank of Ireland did not ask you what had happened, even after the
banks had requested to be bailed-out?
No, in fact they did call me, twice. The first time, in the month
I have no relationship whatsoever with the bank. I demanded damages for constructive dismissal. Their
reply was that I would receive nothing, and that I would have to face a legal battle should I ever reveal
any information to third persons. I assure you that it is scary enough to be threatened by a trillion Euro
bank! They even used data from my personal life to allege that I cannot know what I am talking about
because I am psychologically disturbed!
It was impossible, even for financial reasons, to initiate private legal proceedings against the bank.
What is even more important, is that before I could ever challenge a trillion euro bank, the police must
first declare that a crime had occurred. When the police claim no crime happened, how can you
prosecute the criminal? In order to prove that the state authority itself has buried the evidence, I will
have to present my case to some European-wide authority. So I am waiting for the European Banking
Authority to find some teeth.
Eager I certainly am. Whether I will do it or not, I will decide when the time comes.
But even if you yourself have not been vindicated, do you believe that in the wake of the banking crisis,
the banking system has been properly strengthened? Or perhaps the effectiveness of the regulatory
authorities?
No. While the banks and their managers do not get punished, why should anything change? Soon we
will have a new regulatory framework for the banking market, the so called Basel III agreement. But as
long as we do not intend to impose the law, we can agree as many Basels as we want.
According to your experience, is it possible that the system that you have been describing here could be
changed for the better by the appearance of more whistleblowers?
Yes. But, if I judge from my own case, I do not think that there will be many more whistleblowers.
There is no protection by the state at all. I have been supported only by my friends, or by people who
simply heard about my story.
Now I have greater faith in humanity, and much less faith in the established authorities, be they
politicians, judges, or functionaries. We, common people, take too seriously all those people who do
nothing to protect small investors or the small tax payers. They only care for saving the banks.
You sound like a disappointed golden boy who has turned against a capitalist system that once fed
him.
I am not going to enter into this discussion. Whether I am for capitalism, socialism, or the Left, has
nothing to do with the discussion we are having now. Nineteenth century ideologies cannot be used to
face a twenty-first century crisis. In Ireland at this moment we have a socialist government that is safe-
guarding the monetary interests of the capitalist bondholders. While in Austria, it was the extreme
Right wing party that brought my case to the parliament. Do you see any ideology here?
I hardly slept the night before. Perhaps we have lost the sense of what a billion Euro means by now, but
up to that day I used to sign for amounts like that; only in reality they did not exist! I was sad, and at
the same time I felt relieved that I had stopped participating in a crime. The managing director tried to
make me change my mind, but I would not go back. Also he faced huge pressure from the dealing
room, so at the end the story it became a case of Either me or them.
A short while after I left, I started looking for a new job. But the banking world is ultimately a small
world. I was told that a person with my C.V. would be unable to find a job at another bank, having left
Unicredit after just six months; and as a whistleblower on top of that. I was trapped.
And how did the people who were close to you feel about all this?
There are a few friends who have stood by me all this time. In 2007 no one could predict how things
would turn out, and most people did not believe me. Only after they heard [and saw] on television that
the banks had to be bailed out, did they understand that I was not lying.
With a little help from my friends as the Beatles song goes (laughs). I give consulting services to my
friends, and I give lectures. I have also been approached to write a book. Life will show.
I imagine that you can not have the life that you had before.
do not want to enter into details about my personal life and the psychological hardships that I have
endured. My financial situation is difficult now. As I told you, I would not be here today without my
friends help. Today I am giving you this interview and enjoying my coffee at the exceptional King
George Palace hotel, on Syntagma Square. A few years ago I used to come to this hotel for my
vacations. There are very few places where I would be able to stay today [probably] at a Bed &
Breakfast, at best.
Do you ever regret having been shut out of the world of banking?
I used to earn good money according by Irish standards. I had a beautiful home, a nice life. I had
dinners at expensive restaurants. I travelled a lot. But I would never trade my beliefs for a life of
luxury. Unfortunately, it seems these days that many people are willing, if not even eager, to sacrifice
their childrens future for a fragile present of luxury. I cannot do that.
The laziness of the educated middle class is the thing haunting me. Rich bankers see what is
happening, and laugh all the way to the bank, while the middle class works to serve their interests. Risk
managers, lawyers, chartered accountants, all these people pretend that they are working hard, while in
truth they are lazy morally and intellectually. The same holds true for the university professors of law
and of economics. Where is constructive criticism today? This laziness has become so widespread, that
very few can see it for what it is.
Kathimerini thanked the management of the King George Palace hotel for hosting the interview.
You can read more about Sugarmans campaign in Villages Blowing the whistle so hard it
hurts. Sugarmans website is at WhistleblowerIrl.blogpost.com
http://www.ianfraser.org/unicredit-and-irelands-dark-heart-of-finance/
UniCredit Bank Ireland p.l.c. is a wholly owned subsidiary of UniCredit S.p.A., based in the
International Financial Services Centre in Dublin.
The principal business areas are credit and structured finance (loans, bonds, securitisations, other forms
of asset financing), treasury activities (money market, repos, eonia and other interest rate swaps,
foreign exchange, futures), issue of certificates of deposit
and structured notes.
UniCredit Bank Ireland p.l.c. does not operate accounts for individuals and does not offer personal
loans.
http://www.unicreditbank.ie/Half_Year_Report_June2016.pdf
Notes issued under the Programme can be listed on the official list of the Luxembourg Stock Exchange
and admitted to trading on the Luxembourg Stock Exchange's regulated market (as contemplated by
Directive 2004/39/EC) upon approval of the Luxembourg Stock Exchange.
The notes under the Programme may be offered both to retail and institutional investors and may be
issued on a continuing basis to one or more of the dealers specified below and any additional dealer
appointed under the Programme from time to time by any of the issuers, which appointment may be for
a specific issue or on an ongoing basis.
Dealers: Dealers: Barclays, BNP Paribas, BofA Merrill Lynch, Crdit Agricole CIB, Credit Suisse,
Deutsche Bank, Goldman Sachs International, J.P. Morgan, Mediobanca, Morgan Stanley, The Royal
Bank of Scotland, Socit Gnrale Corporate & Investment Banking, UBS Investment Bank,
UniCredit Bank
To view a copy of the Prospectus (in PDF format) please click here.
http://www.unicreditbank.ie/First_Supplement%20EMTN%202016.pdf
http://www.unicreditbank.ie/Second_Supplement%20EMTN%202016.pdf
The Central Banks new Dockland Campus was inaugurated on 24 April 2017 by the Minister for
Finance.
Michael Noonan TD joined Governor Philip R. Lane, members of the Central Banks senior team and
staff at a ceremony in North Wall Quay.
On a tour of the building, the Minister saw how its design helped to maximise opportunities for
collaboration amongst staff. He also learned about the North Wall Quays green credentials. It is the
first office building in Ireland to achieve the Building Research Establishment's Environmental
Assessment Method (BREEAM) "Outstanding" rating at design stage and has been shortlisted for a
number of awards, including the Green Awards 2017 and Sustainable Energy Awards 2016.
The inauguration ceremony was attended by Central Banks neighbours from the local Docklands
community. These included schoolchildren who had taken part in projects such as the Early Learning
Initiative and Junior Achievement Ireland which involved Central Bank staff. Other guests included
representatives from architects HJ Lyons, construction company Walls and Dublin City Council.
https://www.centralbank.ie/events/past-events/dockland-campus-inauguration
I am delighted to welcome you to the inauguration of the Central Bank of Irelands Dockland Campus.
Today marks an important step for the future of the Central Bank, as we adapt to fulfil our increasingly
complex mandate in a more interconnected and challenging global environment.
In 1927, when deciding on the first permanent premises of the Currency Commission the precursor to
the Central Bank members of the Commission emphasised the importance of placing it in close
proximity to the Shareholding Banks, and Foster Place was chosen.1
In the same vein, our Dockland Campus, incorporating North Wall Quay and Spencer Dock, again
places us firmly at the centre of Irelands international financial district.2
***
The Central Bank is a vital institution of the State. When the Currency Commission was dissolved in
1943, the Central Bank was established with an enhanced role, the most important of which was
safeguarding the integrity of the currency and, echoing a phrase from Article 45 of the Constitution,
ensuring that in what pertains to the control of credit, the constant and predominant aim shall be the
welfare of the people as a whole.3
In the years since its establishment, both the domestic mandate of the Central Bank and our European
roles have expanded. Our European role is critically important and the Bank is recognised as a strong
contributor to the work of the European System of Central Banks and European System of Financial
Supervision.
But while our mandate has expanded and our staff has doubled in recent years, what has not changed is
our core mission of protecting the public interest, and public service is central to the ethos and culture
of the Bank.
The fact that this site was originally intended to host the new headquarters for Anglo-Irish Bank has
invited much commentary. In one sense, history is again repeating itself. Foster Place was leased in
perpetuity from Bank of Ireland. Commercial Buildings on Dame Street as the name suggests was
formerly occupied by members of the Chamber of Commerce, the Stock Exchange, merchants offices
and brokers.
My own view is that this juxtaposition is quite fitting in serving as an ongoing reminder of the severe
economic and social damage caused by financial crises a reminder to the Bank and our staff (as much
as to the public) of our mission and the critical need to remain ever vigilant.
I hope that our new building can serve as a symbol to the people of Ireland of the importance of our
work to fulfil our mission of safeguarding stability, protecting consumers.
***
I am especially grateful to Minister Noonan for agreeing to open the building today. The Central Bank
and the Department of Finance have a close working relationship on many fronts, while recognising the
independence of the Central Bank in implementing its mandate. Moreover, a major lesson from the
crisis is that the Central Bank and the Department of Finance both have vital roles to play in
maintaining financial stability, which is supported by the joint work of the Financial Stability
Group. In addition, it is always important to keep in mind that the net surplus income from the Central
Bank is an important component in the overall revenue stream accruing to the Government. This was to
the forefront of our minds in ensuring that our new headquarters was delivered in a timely and cost-
effective manner.
***
The Bank set a number of objectives for the design of the building: to establish a productive workplace
for our city centre staff; to ensure that the building is environmentally sustainable, with a high energy
rating; and to recognise that the new headquarters would be a major city landmark for the decades
ahead. Accordingly, while the shell of the building was already in place, there was considerable effort
to adapt the design to reflect the One Bank culture we seek to foster in the organisation.
I wish to pay particular tribute to former Governor Honohan and members of the Commission for your
vision and commitment to this project, which was initiated in 2011 and moved to the implementation
phase with the purchase of the site in 2013. At the outset, you recognised that this move would provide
an opportunity to help us work in different and more effective ways, supported by the adoption of new
technologies.
Today, the Dockland Campus brings all our city centre staff previously located in five city offices into
one city centre location. Collectively, we have been here just a few weeks, but already this is a vibrant
campus with our staff embracing our new facilities and new ways of working. It is already evident that
the new environment is enhancing collaboration and teamwork within the Bank and helping us to
deliver our mandate in a more effective manner. As you move through the building you will see visual
representations of Crann an ir, which remains the symbol of the Bank.
The realised design you see today is also a testament to the commitment of our design team, led by our
architect Peter McGovern of HJ Lyons, and to our main contractor, Walls Construction, who in turn
worked with many suppliers and craftspeople to design, construct and deliver the new headquarters.
The list of people to thank is too numerous to mention, but the outcome of your efforts is very clear.
The team fully embraced the Banks vision for the premises and this building can take pride of place
here on the river front, which already is home to so many distinguished city landmarks.
I am also pleased that we are joined today by members of Dublin City Council, our neighbours from
the Docklands area, the winners of our national schools competition Generation uro 2017, and local
schoolchildren who have engaged with the Central Bank through a number of initiatives including the
Early Learning Initiative. The new building will facilitate our ongoing commitment to our outreach and
community programmes, both to our new local community and in the broader national community.
The new building is the first office building in Ireland to achieve the Building Research
Establishment's Environmental Assessment Method (BREEAM) Outstanding rating at design stage.
The building energy rating (BER) is targeted at A2, and will be one of the first commercial projects in
the State to achieve such a rating.
I hope you have had a moment to move through our visitor centre, which will enable us to meet with
the public, explain what we do and why we do it.
Our two opening exhibitions are complementary. The first is the Euro Exhibition, which was created
by the European Central Bank. This examines the development of euro currency and includes sections
on euro banknotes and their security features, euro coinage and the history of money. To bring a
uniquely Irish focus, we also have created another exhibition, celebrating the 90th anniversary of the
Currency Commission, which I mentioned earlier.
These exhibitions are part of a broad programme of activities aimed at increasing transparency and
understanding about the role and work of the Central Bank, in line with our Strategic Plan. We are
pleased to see local schools represented here today and look forward to welcoming you to the visitor
centre.
***
To conclude, I am delighted to share the inauguration of our new campus with so many who have been
integral to getting us to this juncture.
I would like finally to thank Chief Operating Officer Gerry Quinn and Director of Facilities Paul
Molumby, who led the programme from inception to conclusion, with the help of many others who put
in extraordinary time and effort over the past four years.
I hope that you enjoy visiting our new headquarters today, and I look forward to our new campus
enabling us to continue to deliver effectively on our mission.
1
Moynihan, Maurice (1975), Currency and Central Banking in Ireland 1922-60, Central Bank of
Ireland and Gill and Macmillan
2
While the Dockland Campus places the Central Bank firmly at the centre of Irelands international
financial district, the Currency Centre, which will remain located in Sandyford, continues to be critical
to the work of the Bank.
3
A Chronology of Main Developments in the Central Bank of Ireland 1943 -2013. Available here.
The Central Bank of Ireland has published a report providing a further update on the Examination of
Tracker Mortgage Related Issues. The report is the latest in a series of status updates since the
Examination commenced and sets out the progress being made by lenders in completing the review. As
at end February 2017 lenders reviews had identified approximately 9,900 impacted customer accounts.
The report also sets out information on the Central Banks enforcement powers and activity in response
to the tracker mortgage issues identified to date. The Examination Framework, the Principles for
Redress and the Appeals Process set out by the Central Bank have also been published, in conjunction
with the report.
The immediate focus of the Examination is to ensure that the interests of impacted customers are
protected and that lenders prioritise the identification of impacted customers. Under the Principles for
Redress lenders must stop further harm to impacted customers at the earliest possible time and must put
in place a redress and compensation programme to fully address the impact their actions have had on
impacted customers. The Principles for Redress also set out the Central Banks expectations for lenders
to provide, amongst other things, additional payments to allow impacted customers to seek independent
professional advice. Some lenders have already commenced redress and compensation payments. At
the end of February approximately 78m had been paid out in redress and compensation to
approximately 2,600 accounts identified as part of the Examination.
The Tracker Examination is a priority for the Central Bank and it has set specific timelines for lenders
to complete Phase 2 of the Examination which identifies impacted customers, the last of which will be
completed no later than end September 2017.
The Central Bank will take appropriate supervisory action, up to and including enforcement action
where necessary, in order to ensure lenders deliver fair outcomes for impacted customers. Enforcement
activity will be influenced by the outcome of the reviews currently being conducted as part of the
Examination.
In line with the process to date, the Central Bank will continue to provide updates throughout the
Examination. A further update will be published by the Central Bank in Autumn 2017 and a final
report will also be published after the conclusion of the Examination.
https://www.centralbank.ie/docs/default-source/consumer-hub-
library/tracker-issues/appendix1-framework-conducting-tracker-mortgage-
examination.pdf?sfvrsn=4
Tracker Mortgage Examination
CLARIFICATION OF ISSUES RAISED BY LENDERS
5 May 2016
https://www.centralbank.ie/docs/default-source/consumer-hub-
library/tracker-issues/tracker-mortgage-examination-clarifications-
5may2016.pdf?sfvrsn=4
PRINCIPLES FOR LENDERS WHEN TRACKER
MORTGAGE RELATED ISSUES
IDENTIFIED FOR REDRESS
(PRINCIPLES FOR REDRESS)
https://www.centralbank.ie/docs/default-source/consumer-hub-
library/tracker-issues/appendix3-tracker-mortgage-examination-redress-
principles.pdf?sfvrsn=4
UPDATE ON THE CENTRAL BANK OF
IRELANDS EXAMINATION OF TRACKER
MORTGAGE-RELATED ISSUES
https://www.centralbank.ie/docs/default-
source/consumer-hub-library/tracker-
issues/report-tracker-related-mortgage-
issues.pdf?sfvrsn=6
Settlement Agreement between the Central Bank of Ireland and Allied Irish
Bank s, p . l . c. Allied Irish Bank s , p.l.c. fined 2, 275 ,000 by the Central Bank
of Ireland in respect of a nti - m oney l aundering and terrorist financing
compliance failures
https://www.centralbank.ie/docs/default-source/news-and-media/legal-
notices/settlement-agreements/public-statement-relating-to-settlement-
agreement-between-central-bank-of-ireland-and-allied-irish-
bank.pdf?sfvrsn=12
The Central Bank of Ireland today publishes its fifth Consumer Protection Bulletin, which is focused
on the motor insurance sector. The information was compiled from data submitted by 24 motor
insurance companies providing insurance to Irish personal consumers in 2016.
This bulletin provides a high level overview of the number and value of personal motor insurance
policies written, as well as information on the location of the companies writing these policies and their
regulation. The bulletin also includes data on complaints.
Notes
-----------------------------------------
1
Under financial services legislation insurance companies must inform consumers of the name of the
competent authority from which they obtained an authorisation and name of the country where they
have their head office.
2
H2 refers to the second half of the year i.e. 1 July until 31 December.
3
This is the timeframe prescribed by the Consumer Protection Code 2012 within which a complaint
must be resolved or, if not resolved, the complainant must be informed of the anticipated timeframe for
resolution.
The Gibraltar Financial Services Commission announced the appointment of independent inspectors to
investigate the insolvency of Enterprise Insurance Company plc (Enterprise) and the conduct of its
directors and auditors. Read the update.
The Gibraltar Financial Services Commission has today published the report of the Provisional
Liquidator on Enterprise Insurance Company plc. Read the full report.
On 26 October, the Gibraltar Financial Services Commission (GFSC) announced an investigation into
Enterprise Insurance Company plc (Enterprise) and its board of directors. The GFSC has stated that it
has reason to believe that it may have been significantly and consistently misled about Enterprises true
financial position. Click here to read the full announcement.
Additionally, the Supreme Court in Gibraltar (the Court) today appointed Mr Freddie White of Grant
Thornton as Liquidator to Enterprise Insurance. The full statement from the GFSC can be read here.
The Court also confirmed that Enterprise motor insurance policies are no longer valid as and from the
appointment of the Liquidator on 26 October 2016.
The Central Bank strongly recommends that affected consumers (i.e. those who held an Enterprise
Policy up to 26 October and have not arranged alternative motor insurance) immediately contact their
insurance broker or an insurer directly to seek an alternative insurance cover.
These Policyholders can no longer rely on their Enterprise motor insurance policies and will be
considered as driving without insurance from midnight tonight.
The Provisional Liquidator for Enterprise Insurance Company plc (Enterprise) has today notified all
brokers that he will present his report to the Supreme Court in Gibraltar on 26 October 2016, when he
will recommend that a liquidator be appointed to Enterprise. The full statement can be accessed here.
The Provisional Liquidator has also indicated that all motor insurance policies will no longer be valid
as and from 26 October 2016. While policies will remain in effect until that date, the Central Bank
strongly recommends that Enterprise policyholders immediately contact their insurance broker or an
insurer directly to seek alternative insurance cover.
The Gibraltar Financial Services Commission (the GFSC) has issued a warning to the public regarding
the website enterpriseinsuranceclaim.com. The full warning statement may be viewed here.
Additional information and contact details are available from the Gibraltar Financial Services
Commission.
The Central Bank has today contacted 323 insurance brokers who have sold Enterprise products to
consumers requiring them to immediately contact any policyholder who holds a current Enterprise
motor insurance policy and inform them of the urgency to make alternative motor insurance
arrangements. This urgency stems from the fact that any claim made by policyholders who hold active
policies with Enterprise, may not be fully covered irrespective of the policy remaining in force. It is
noted by the Central Bank that Wrightway Underwriting Limited has agreed to make an ex gratia
payment equal to the value of the premiums from now until the end of the contract term, in respect of
any policyholder who holds a current Enterprise motor insurance policy. Policyholders and brokers can
now access further information and contact details through the Enterprise website. You can contact
Enterprise Insurance at Email: info@eigplc.com or at 00350 200 50150.
The Supreme Court of Gibraltar has today appointed Mr. Frederick David John White of Grant
Thornton (Gibraltar) Limited as Provisional Liquidator of Enterprise Insurance Company Plc.
The Central Bank is continuing to engage with the regulator in Gibraltar regarding the interests of Irish
consumers. If you are a customer of Enterprise you should contact, as soon as possible, the broker
from whom you bought the policy regarding arranging alternative cover.
22 July 2016
The Central Bank was notified by the GFSC today (22 July) that it is now taking steps, with the
cooperation of Enterprise, to petition for the winding up of the Company. The GFSC is taking this
action as Enterprise has told the GFSC the company is insolvent and has not been able to secure
additional funding.
The GFSC is notifying the European Insurance and Occupational Pensions Authority (EIOPA), and the
relevant financial services regulators and compensation schemes in France, Greece, Italy, Norway,
Ireland and the UK, where Enterprise has written business.
The Central Bank will work closely with the GFSC to ensure all Irish motor policyholders are
identified and are communicated with directly.
Motor insurance policyholders in Ireland, who bought insurance through the broker network, may be
affected. Any policy holder who has concerns about their policy should contact their broker in the first
instance.
The following contact information has been provided by Enterprise for policy holders
1. If you are a policy holder and you have any questions, you can contact the
GFSC on 00 350 200 40284 or email
Email: enterprisepolicyholders@fsc.gi.
2. You can also contact Enterprise on telephone number 00 350 200 50150.
3. For urgent press enquiries please call 00 350 200 43502.
https://www.centralbank.ie/news/article/update-on-enterprise-insurance-company-plc
http://www.unicreditbank.ie/UniCreditgroup_CD_Programme_Information_Me
morandum.pdf
Deutsche Bank, one of Europes behemoths, is in very deep trouble having lost 90% 0f its share price
value since 2007, has been falling sharply all this last year (48% loss this year) and, with its $42
Trillion in Derivatives exposure was singled out by the IMF, as the bank which ,
Of course Deutsche agues the standard derivatives-arent-a-problem line, that this 42 trillion all nets
out and their real exposure is a fraction of that vast figure. Which is fine as long as you think that in the
event of Deutsche coming unstuck, 42 trillions-worth of derivatives contracts can be held in abeyance
for the time it would take for all those contracts to be netted out. As Ive said before netting out is akin
to getting a rowing boat full of people to all change places without the boat overturning.
And now Deutsche has been threatened by the US DoJ with a $14 billion fine for its crimes for selling
knowingly over-valued RMBS (Residential Mortgage Backed Securities) in the build up to the
financial crash of 2007.
Deutsche cannot pay $14 billion without raising a great deal of cash. Deutsche has put aside $5.5
billion for paying fines. A mere 9 billion short. So could Deutsche go down? Financially yes it could.
But politically, I doubt it. And its the tension between these two answers, between the parlous
financial state and the huge political significance of Deutsche, that I find interesting.
Deutsche is Germanys only G-SIB (Global Systemically Important Bank). Deutsche is Germanys
financial flag carrier. It stands at the centre of Germanys long held desire to have Frankfurt eclipse
London as Europes financial centre. Although Germany also has Allianz as a G-SII (Global
systemically Important Insurer), without Deutsche Bank Germany ceases to be a globally significant
financial nation (G-SFN OK I made that one up). Without Deutsche Germany would not sit at the top
table of global finance. France would. France has three G-SIBs. The balance between France and
Germany within Europe would shift. Maintaining that balance between France and Germany, at the
heart of Europe, has been critical in European affairs since WWI.
Officially the global framework for G-SIFI resolution in bankruptcy has been laid down by the FSB
and agreed by all. And interestingly, though they are touted as the result of new thinking since the
financial crisis, they are not. I recently received an EU document marked Secret, entitled Overview
of Financial Stability Resolution Issues and dated Feb 2008 which describes pretty much what the
FSB has now settled upon now. I mention this because almost every word in it was completely ignored
once the crisis hit and each country viewed the imminent demise of their major, flag-carrying banks.
Which leads me to wonder why I should believe it would be any different next time? I think this
question is particularly critical to Germany because Deutsche is its only G-SIB. In the next massive
implosion of debts, France could afford to let one of its G-SIBs go down and still have two seats at the
top table. England could do the same.
The not-so-new rules for how a G-SIB should be wound down begin by stating that,
Resolution should be initiated when a firm is no longer viable or likely to be no longer viable, and has
no reasonable prospect of becoming so.
But no one has wanted to state exactly what the trigger is, for deciding that a bank is no longer viable.
Except to say the global regulators will leave it to national regulatory authorities to decide. So
Germany will decide when Deutsche is no longer viable. Sure, thatll be grand.
Should an authority take the fatal stop of admitting one of their G-SIBs is no longer viable then things
are supposed to move with wonderful efficiency. Resolution of netting out is to be speedily concluded
(in as little as two days!) No sniggering please. And then as the gruesome business of sorting the living
from the dead parts of the bank gets going the authorities must definitely NOT rely
on public solvency support and not create an expectation that such support will be available;
Instead the dead parts will inflict losses first on share holders and then on bond holders in the time
honoured order of unsecured first. And then those parts which are not completely dead and might be
cut away to live again in a different body, are to be sold off by means of sale or merger.
So public bail outs are supposed to be strictly temporary. No holding 80% of RBS for most of a
decade. Really? But thats not the point which is important for Deutsche Bank. The important point is
that in any sale of the viable parts of Germanys only G-SIB, the brutal fact of the matter is that there is
no other German financial institution that could afford to buy any of it. Commerzbank? Allianz?
Letting an insurer buy a bank? So imagine the situation for Germany. They lose their seat at the top
table and then they watch as France, England, American or perhaps China buy the crown of German
financial might.
So I dont think it will ever happen. Or at least it will only happen when Germany is truly out of any
other options.
So if Deutsche is not going to be declared no longer viable what are the alternatives?
http://www.fsb.org/wp-content/uploads/2015-update-of-list-of-global-systemically-important-banks-G-
SIBs.pdf
Deutsche Bank AG, which runs Europes biggest investment bank, may be the biggest contributor to
systemic risk among the largest lenders, according to the International Monetary Fund.
Deutsche Bank appears to be the most important net contributor to systemic risks among global
systemically important banks, or G-SIBs, the Washington-based IMF said in a report Wednesday.
HSBC Holdings Plc and Credit Suisse Group AG are next in the ranking, according to the IMF.
Global regulators have sought to avoid a repeat of the taxpayer-funded bank bailouts of the 2008
financial crisis by holding lenders to stricter capital requirements that encourage them to become
smaller and less complex. Concern over Frankfurt-based Deutsche Banks financial strength has
weighed on the companys stock and make it the worst-valued global lender.
The relative importance of Deutsche Bank underscores the importance of risk management, intense
supervision of G-SIBs and the close monitoring of their cross-border exposures, as well as rapidly
completing capacity to implement the new resolution regime, the IMF said in the report.
Deutsche Bank currently exceeds its capital requirements and is shrinking its balance sheet to comply
with regulations as they become stricter.
"In particular, Germany, France, the U.K. and the U.S. have the highest degree of outward spillovers as
measured by the average percentage of capital loss of other banking systems due to banking sector
shock in the source country," the IMF said.
https://www.bloomberg.com/news/articles/2016-06-30/deutsche-bank-may-be-top-contributor-to-
systemic-risk-imf-says
One option is the UniCredit route. UniCredit was a trillion euro bank. It was Italys flag carrier. It had
bought Bavarias banks and some of Austrias as well. And yet its share price was
always paltry. Just 7.6 Euros at the market top in May 07. And since then it has been a hollow and
enfeebled giant. Lumbering and ineffectual. It has been the laughing stock of European banks. But Italy
doesnt seem to mind. They seem content to let UniCredit be the quintessential Zombie bank. Would
Germany be as sanguine to leave Deutsche to go the same way? This would, I suggest, be almost as
injurious to German pride and industrial policy as letting Deutsche go down completely.
But if Germany decided it could not face the financial consequences of obeying the letter of the
resolution law nor leave the bank to be a bloated and useless zombie then the alternatives bring in their
train even greater political upheavals. Imagine the German government decides that not bailing out
Deutsche just inflicts too much damage on Germany potentially reducing Germany from the front
rank of globally significant nations to something lesser. It becomes a matter of national pride if not of
survival.
So Germany ignores all the FSB rules and regulations and bails Deutsche bringing it into government
ownership/protection call it what you like. In so doing it demolishes the entirety of European policy
regarding bail outs, government debts and austerity. Where then all the German insistence on fiscal
discipline it has forced upon Greece, Ireland, Portugal, Spain and Italy? The Bundesbank, Berlin and
the ECB would have no authority at all. Every country would have a green light to do the same for
their flag carriers.
It would be the end the European experiment. Or the European system would have to try to continue
without Germany. And that could only happen if all debts to Germany were repudiated.
I realise all this is speculation. But Deutsche has lost 90% of its value. Only RBS has lost
more. Deutsche has 7000 legal cases against it. Frau Merkel is losing her grip, Brexit rocked the
complacent rulers of Euroland and Madame Marine Le Pen would like to push France to do the same.
And on top of it all NOTHING has been fixed financially at all. There is more debt more leverage,
more and more liquidity achieving less and less, interest rates are negative, pensions are going
nowhere, insurers are grasping for risk even as they fear what it will do to them when the next crisis
hits and governments are all, every one of them, preparing their armed forces for widespread civil
unrest.
http://www.fsb.org/wp-content/uploads/r_111104cc.pdf
Accounting procedures flatter UniCredit Irelands performance
If I asked how much your house was worth, you probably couldnt tell me for sure.
You might guess it is worth half what it was worth at the peak of the boom.
Or you might fear it is worth even less, as there is a house on the road quoting half the peak price and it
still hasnt found a buyer.
There is no reliable indicator of what the market price of houses currently is.
The Permanent/ TSB ESRI index is based on too small a sample, while data protection laws prevent
estate agents from disclosing transaction prices even if they were minded to do so, although Fridays
distressed sale auction by Allsops has partially helped fill the information gap.
Things arent much different in the world of high finance. Many bankers dont really have a clue what
once-valuable assets are now worth, as the assets rarely trade (and when they do, the prices they fetch
arent necessarily disclosed on a stock exchange).
Bankers may also fear trading those assets as the price they would achieve might be so low as to do
damage to their balance sheets and force them to raise new capital.
This is the case with asset backed securities, particularly those securities backed by mortgages of
doubtful quality. It is also true of sovereign bonds issued by countries with big deficits as well as
corporate bonds issued by institutions that are under stress.
Many European financial institutions still carry these troubled assets on their books.
That is why, three and a half years into the credit crunch, many banks are still struggling with the
legacy of the collapse in market confidence which began in August 2007.
Take, for example, the accounts of UniCredit Bank Ireland plc, a subsidiary of Italys largest bank,
UniCredit.
UniCredits Irish operations are pretty substantial with total assets of 23.7 billion at the end of 2010.
Many of those assets include the complex financial instruments that have proven difficult to value ever
since the credit crunch hit.
UniCredit Bank Ireland has, by its own admission, endured a difficult period for liquidity, and was
among the banks that availed of emergency amendments to accounting rules introduced in October
2008 at the height of the financial crisis.
The Irish subsidiary, which is based at the International Financial Services Centre (IFSC) in Dublin,
reclassified about 3 billion of assets in 2008.This meant that those assets did not have to be valued at
market prices which were then in turmoil.
UniCredit Ireland continued to avail of this accounting treatment in subsequent reporting periods.
The bank did it again in 2009 and then also in the 2010 accounts, which were filed in the Companies
Office in recent weeks.
Writing in the annual report, chairman Ronan Molony said the significant turmoil experienced in 2008
and 2009 continued in 2010, culminating in Ireland accepting the bailout in November.
However, Molony reckoned the bank had produced a satisfactory result for the year, taking into
account the considerable market headwinds, recording a net profit after tax of 89 million compared
with a net profit after tax of 131 million the previous year.
But the notes to the accounts reveal that the continued use of the emergency accounting treatment
flattered the companys reported profit figure by 63 million in 2010.
The reclassification is permissible under the emergency accounting rules which were introduced at the
height of the crisis. In the case of UniCredit Bank Ireland, the reclassified assets are now described as
loans and receivables, whereas previously they were described as held for trading.
If they were still described as held for trading they would have to be written down to their current
market value, which would dent the reported profitability of the Irish subsidiary.
Elsewhere, the accounts show that there was a 344 million reduction in the value of certain assets
which were available for sale during2 010.However, this reduction has been written off against
shareholders equity rather than to the profit and loss account, a move which accountants say is entirely
legitimate, but which also flatters headline performance.
It is true that UniCredits performance at group level continues to appear stellar when compared with
the performance of our own Irish banks.
In March, UniCredit reported fourth quarter net income of 321 million, down from 371 million a
year earlier after provisions more than doubled to 472 million.
The bank generated full year profit of 1.3 billion, down 22 per cent from a year earlier.
But there are concerns that the banks expansion into eastern Europe, and elsewhere, may lead to
greater loan losses in future, which would require the bank to raise new capital. This has been reflected
in a fall in UniCredits share price over the last few years.
The shares closed at 1.71 last week, compared with 5.06 in August 2007 when the credit crunch
began.
UniCredit has been under particular pressure ever since the banking foundation Cari Verona, one of its
largest shareholders, declined to take part in a rights issue at the height of the credit crunch in 2008.
UniCredit then controversially accepted funding from the Libyan dictator Muammar Gaddafis Libyan
Investment Authority.
The decision to accept those funds contributed to the loss of shareholder confidence in UniCredit chief
executive Alessandro Profumo, who was ousted last year. It has proven even more embarrassing now
that Gaddafis own people are in open revolt against his rule.
There have been repeated suggestions that UniCredit may be forced to raise new capital either through
asset disposals or fundraising.
Among the assets that might be disposed of is Pioneer Investments, its IFSC-based fund management
division.
It just goes to show that in this global financial crisis, a road that leads to Rome may well also lead
back home.
Unicredit 1900% liquidity breach affair:
blogpost;A BANKER SPEAKS OUT
'Dear Minister Noonan,
Now that we have officially been told by Moody's that our banks are junk, is there
any chance that you might break with the tradition of your predecessors in office
and start telling us THE TRUTH?
Frankly, we, the Irish people who are struggling to make ends meet, would like to
know once and for all what the REAL situation is. We are sick and tired of relying
on foreign entities like Moody's, S&P, ECB & IMF in order to discover what goes on
in our own back yard.
Further to my posting below from last Thursday, I would like to share some more
correspondence with you. This might serve to refresh your memory and that of your
senior colleagues. It is rather surprising that you had chosen to completely deny
that I had had any dealings with Fine Gael.'
Been following news on Unicredit and taking note of the murmurs that Unicredit
may be looking to offload Pioneer Investments in Dublin presumably in order to
drum up cash after its travails with losing money in Pioneer Global (its 'wealth
management' arm) to the Madoff Scandal which is doubly embarrassing as
Unicredit is part owner of Medici Bank which Sonja Kohn, Bernie Madoff's
erstwhile business colleague runs.
Other than that Unicredit seem to be moving even more heavily into Eastern
Europe with a note out on Bloomberg today that Unicredit is in the market for
heavily laden Hungarian sovereign debt.
A strange move for a bank which has suffered knocks in Libya, Kazakhstan and
one wonders at its Italian investors' appetite for Eastern Europe business.
IFSC whistleblowers reporting on firms -
Sunday Business Post, 12 June 2011, By Jon Ihle
Several employees of IFSC banks have come forward to report to the Central Bank possible
undisclosed breaches of liquidity requirements at their institutions, The Sunday Business Post has
learned.
Senior officials at the Central Bank, which issued an invitation Via The Sunday Business Post last
January for whistleblowers to come forward in confidence, have met with the employees and taken
statements from them. No investigations are underway at this stage, but it is understood regulators are
still assessing the information.
The news comes just days after the Financial Regulator fined Scotia Bank Ireland, an IFSC-based
bank, 600,000 for allowing its funding to fall below minimum levels without permission, and for
failing to provide accurate information in its regulatory returns.
We have not closed our books on liquidity ratios at IFSC banks," said Peter Oakes, the Central
Banks director of enforcement. Scotia Banks breaches were inadvertent, and the bank brought the
matter to the Central Banks attention voluntarily, although its initial failure to comply with the
requirement meant that the bank allowed its funding ratios to fall below the minimum permitted level.
It is understood that the bank faced a fine of as much as 1 million, but that its high levels of
cooperation in reaching a settlement agreement with the regulator were taken into account.
The request for information on liquidity breaches came after a whistleblower alleged persistent
violations at Unicredit Ireland in 2007.
The Central Bank said its investigation only confirmed an earlier inquiry, which found that the bank
had fallen below minimum funding limits just once.
Nearly all Ireland's banks breached liquidity requirements, leading to the lack of liquidity that the
government provided a guarantee against, and which ultimately emerged as the insolvency that has
bankrupted the country and immiserated the next generation. It's important then to know what
happened. In last December's Village a risk-manager whistleblower in the Irish unit of UniCredit,
Italy's biggest bank, described how the Financial Regulator failed to intervene when he well... blew the
whistle on massive repeated breaches, but no action followed. Shortly afterwards, largely as a result of
the story, the Central Bank said it would conduct a review of the case and invited parties with
information to share it. Things dragged out, but last month the risk-manager attended a meeting with
the office of the regulator. The only thing is the Bank's offer of 'confidentiality' clearly was not enough
to safeguard our hero's privilege against self incrimination. The [Central] Bank insists it must forward
information to the DPP [Director of Public Prosecutions] if there is evidence of a crime. There the issue
rests - for the moment.
When Enda Kenny steps down from his position as Taoiseach in the coming weeks, it comes as little
surprise that finance minister, Michael Noonan, another great survivor of Irish politics, will depart with
him, or not long after.
The Public Accounts Committee (PAC) is believed to be critical of a decision Noonan made not to
intervene in the sale of Project Eagle, in April 2014, even though he had been made aware of a 15m
fixer fee arrangement connected to the sale of NAMAs Northern Ireland property portfolio. This has
done a lot of damage to his reputation.
That he met with the winning bidder, Cerberus, along with department officials, on the day before the
tender was awarded to the US fund, is expected to raise further questions that can only be properly
dealt with by a Commission of Investigation.
It is understood that Noonan has objected to what he believes is an adverse finding against him in the
PAC report, but the majority of committee members are of the view that it merely states the obvious
which is that the perception of a meeting between the finance minister responsible for overseeing
NAMA and the executives of the company on the day before it won the lucrative tender raises
uncomfortable questions.
The PAC is also expected to support the thrust of the report by the Comptroller and Auditor General
who concluded that the amount paid by Cerberus was over 220m less than could have been obtained,
and that NAMA failed to deal with apparent conflicts of interest involving Frank Cushnahan, a member
of its Northern Ireland Advisory Committee (NIAC), when they first emerged in 2012.
In March 2014, the favoured bidder, PIMCO, informed NAMA executives about fee arrangements
involving payments to solicitors Brown Rudnick, Belfast solicitors Tughans and Cushnahan, and its
decision to withdraw its tender on the advice of its legal advisors. Noonan then had a chance to call a
halt to the sale. He failed to do so.
Indeed he met with executives from Cerberus, on the day before it secured the portfolio of properties
across the North and in the UK for 1.24bn, far less than its original value of in excess of 4.6bn.
Noonan can be expected to defend his approach, on the grounds that he did not discuss any
commercially sensitive issues with the Cerberus team, and while there are no publicly available
minutes of the meeting it beggars belief that the biggest single sale of Irish public assets did not come
up during the conversation.
Noonan has weathered many political storms before, and only last year managed to escape any serious
fallout when he was caught out by Sinn Fin finance spokesman, Pearse Doherty, during the general
election campaign, massaging the budget figures.
He has also managed to give the impression of gravitas and, as a master of the jaundiced soundbite,
displays an apparent sagacity and knowledge of economic and financial affairs while rarely saying
anything of consequence.
It was his mantra about keeping the recovery going, adopted by Fine Gael disastrously as its main
election slogan which contributed to its loss of a bucket full of seats in the February 2016 election and
which has left his party at the mercy of Fianna Fil in the current shambolic confidence and supply
arrangement.
He spends much of his time rubbing shoulders with the architects of an EU austerity programme which
threatens to bring down the Euro and the entire post war European project as millions of working
people flock to the embrace of right wing xenophobic nationalist movements across the continent.
In 2012 he was accused of ignorance when he commented that: Apart from holidaying on its islands, I
think most Irish people dont have a lot of connections with Greece. If you go into the shops here, apart
from feta cheese, how many Greek items do you put in your basket?. This may have gone down well
with Wolfgang Schauble and his mates in Berlin, Brussels and Frankfurt but it did little to show any
empathy with an entire people being subjected to a viciously enforced austerity programme.
His recent speech to the Irish Taxation Institute confirms his position as an old-style financial
conservative pursuing a tax-cutting agenda while public services in health, education, transport and
housing are in dire need of investment and state support.
Approaching 74, and a TD since he entered the Dil for Limerick East in 1981, after a BA in
Economics and English in UCD and a few years teaching English, Economics, and Geography in the
Crescent Secondary School in Limerick (where his son John now works). Noonan is a political
survivor who has tasted victory and defeat in their many guises over the past 35 years in politics.
Following a general election in 1982, after which Garret FitzGerald was forced out of office, Noonan
found himself on the Fine Gael front bench as a spokesperson for education, presumably due to his
teaching experience.
Noonan, 1982
After the second general election in 1982, and just eighteen months as a TD, the Limerick man was
appointed to a senior cabinet position as Minister for Justice at a time of intense political turmoil and
upheaval and just a year after the republican hunger strikes which had undermined the preceding
Haughey administration.
He was only a few weeks in office when he disclosed the sensational details of how the previous FF
government had tapped the telephones of journalists including Bruce Arnold, Geraldine Kennedy and,
later it transpired, Vincent Browne. He was the minister who introduced the wording for the 1983
referendum on abortion which ever since has forced tens of thousands of women to leave the country to
secure a termination of their pregnancy.
In 1986, he was made Minister for Industry and Commerce and the following year Minster for Energy
after the Labour Party left the then coalition government and before an election that saw Charles
Haughey return as Taoiseach. Around this time he came to national attention on Scrap Saturday as a
no-nonsense Limerick bruiser who pronounced only one I in million.
His term as health minister in the 1994 Rainbow coalition government was marked by the Hepatitis C
scandal when it emerged that the Blood Transfusion Service Board (BTSB) had given contaminated
blood to thousands of women and brought Noonan into direct conflict with Bridget McCole one of
those affected.
His decision to fight her claim for compensation arising from the States role in causing her fatal illness
resulted in severe and long-lasting criticism for Noonan who emerged from the debacle as a heartless
creature immune to the suffering of a dying mother of 12 children.
Under his watch, the State opposed Mrs McColes claims for damages in the High Court contrary to
the advice of the Attorney General who informed the government in 1995 that the BTSB was liable.
Just two weeks before she died, the BTSB admitted liability and negligence and apologised for
infecting her but threatened that if she was to proceed with a claim against them and not succeed it
would pursue her for costs. He admitted that at the time he listened to legal advice which said the
Government should let the BTSB pursue the case.
He has admitted: In retrospect I should have interfered and taken a political decision to get involved.
His involvement in another scandal during his term in health in the mid 1990s is about to become the
subject of another major inquiry following the release of two reports into the treatment of a vulnerable
and severely disabled young woman named Grace who was abused by her foster father in a home in the
south-east while under the care of the health service.
A decision to remove her from the home in 1996 was overturned after Noonan received
communications from the foster father, and she remained there until 2009. According to department
sources, representations were made to Noonan and his minister of state, Austin Currie, but these were
passed on to the South-Eastern Health Board, the organisation with statutory responsibility at that time.
It was revealed in consultant Conal Devines thorough report (suppressed by the State since 2012) that
a local school principal also wrote to Noonan in August 1996 asking that Grace be allowed to remain in
the foster home. This letter was passed by the Department of Health to the health board. The following
month, the Health Board told the principal that the request would be taken into account. Devine
discovered that Grace never attended the school in question, or any other school for that matter.
Noonan went on to become party leader in February 2001 after John Bruton resigned. He vainly tried
to introduce quality of life issues into the 2002 election campaign with the slogan Vision With
Purpose. He had also promised a huge tax giveaway, worth 2bn. However, the biggest campaign
event was when he was struck in the face with a custard pie in Boyle, Co. Roscommon.
He was unceremoniously replaced by Enda Kenny after a disastrous general election performance by
Fine Gael in June 2002. Kenny left him off his front bench.
His come-back followed his clever decision to back Kenny in the failed leadership coup by Richard
Bruton in 2010, and he remained on the opposition front bench until his return to cabinet as finance
minister after the 2011 implosion of FF in the wake of the economic and financial collapse and the
arrival in town of the EU/ECB/IMF with their bailout programme. The ultimate safe pair of hands,
Noonan had served as a minister in every Fine Gael-led government since 1982 but had never achieved
his ambition to lead a government. Now he was the second most powerful force in a Cabinet dominated
by the powerful Cabinet economic sub-committee, the Economic Management Council (EMC)
comprising Taoiseach Enda Kenny, Tnaiste Joan Burton, Brendan Howlin and Noonan.
Plagued by a series of illnesses and the drawn-out death of his wife Florence in 2012, Noonan
doggedly pursued the role of restoring the public finances along with public expenditure and reform
minister, Brendan Howlin, in the national government formed with Labour in March 2011.
Although ostensibly a partnership government, Labour obtained only one third of cabinet positions,
including those most associated with austerity measures, and Noonans centre-right economic views
influenced the shape of the budgets as the government successfully sought to get out from under the
yoke of the Troika.
In this regard, Noonan claimed credit for his success in ensuring that Ireland would not be forced into a
second bailout and a reduction of the interest rates payable on its huge debt mountain. He oversaw two
budgets which embraced the introduction of property tax and water charges but managed to escape
much of the public anger which was directed primarily at his Labour colleagues in cabinet.
Meanwhile, any talk of burning bondholders, unsecured or otherwise, was dropped by Noonan who
continued to spend much of his time at European finance meetings in negotiations with the ECB over
debt relief.
As Irelands unemployment rate began to fall and growth figures improved and after he secured a deal
on the Anglo-Irish Bank promissory note in early 2013, Noonan basked in the glory of achieving an
exit from the bailout programme and a return to the bond markets, leading to him being named as the
best Finance Minister in Europe by the Financial Times-owned Banker magazine for 2013.
This, however, did not butter many parsnips at home as the FG-led government hit several hurdles, not
least in the water charges controversy and the intensifying housing and health-service crises.
Then came the Project Eagle scandal and the extent Noonans role in failing to stop the process when it
emerged that it was seriously compromised by alleged financial backhanders to some of those
involved.
Indeed, Noonan and the Secretary General of the Department of Finance, John Moran, a fellow
Limerick man he appointed in 2012, aggressively pushed NAMA to offload assets at the fastest pace
possible, adding to the potential loss to the public purse as property prices improved.
He only introduced measures to force the vulture funds who were swooping on Irish property assets to
pay some tax on their exorbitant profits after it emerged that they were using loopholes such as Section
110 of the finance act to avoid their revenue obligations.
His arrogant and televised description of vultures as a necessary function of the eco system may have
impressed the board rooms of Goldman Sachs and other Wall Street and global funds but will surely
come back to haunt him when the full extent of his culpability in the Project Eagle debacle comes into
view. His decision to retire along with Kenny is opportune to say the least.
In a telling interview with the Limerick Leader before the 2016 election, Noonan revealed that if Fine
Gael could not form a government he would have preferred to see a Fianna Fil-led government than
any other combination of parties.
In terms of having a view of the country going forward, I would like a country where the alternative to
Fine Gael-led governments are Fianna Fil-led governments, he said.
As he heads into the winter of his political career, Noonan has probably ensured that the centre-right
will hold power for the foreseeable future, no matter what the cost in human misery.
Yet such an approach is anathema to the voguish politicians of our age: from the goldfish-attention-
spanned Mr Trump to the economics and history-illiterate stormtroopers of Brexit to the foreigner-
blamers in France, the Netherlands, Poland, Hungary and beyond.
In Ireland too we eschew good policy. We lead this edition of Village with the failure of the
Department of the Environment under Simon Coveney to treat seriously what his government describes
as its number one priority, housing: they cant even compile useful statistics on housing completions.
As Mel Reynolds first pointed out on these pages, housing-completion figures for last year were at
absolute best 7300, not the claimed 15,000. How can you make policy when you dont even know the
scale of the problem youre addressing; when you have to lie about it?
Of course Minister Coveney is not alone. The Minister for Justice and the Garda Commissioner remain
rooted in office, though the Garda recorded a million breath tests more than the actual number carried
out, probably because someones promotion, or salary, would benefit from an indicator of
commitment. The Garda also seem to have concocted the crime figures, at least on domestic violence
and murders but lets face it probably on everything else too.
Clearly the problems are not of oversight or strategy but of culture. Conor Lenihan outlines in this
months magazine a history of delinquency. But were not serious about reform: sure it might wreck
everyones head. Weve looked into the Garda enough. From Morris to Smithwick to Fennelly to
ONeill investigations have uncovered bits and pieces but rarely the whole picture, and clearly the
follow-ups have been nugatory.
Moreover, from the Beef tribunal report, which was tailored to advance its judicial authors career, to
the Moriarty Tribunals defanged findings on Denis OBrien, to the vastly discredited Planning tribunal
our major non-Garda investigations too have often got diverted and have characteristically been
undefinitive and unreforming, though they often attracted media approbation.
While many countries have their political weak spots in these fascist-tickling post-truth times,
unserious Ireland runs a particularly fragile regime when it comes to impropriety. This magazine
considers that the political process has abjured action on the biggest corruption issues of our time.
If we cared about Policy and Reform wed have some clue why our health services are in disarray and
disimproving.
The central plans of health policy were supposed to be universal insurance and the elimination of fees
for primary care ie GPs. A White Paper on Universal Health Insurance was published in 2014. The
debate was always too much about the cost of this rather than on how a focus on insurance might
actually serve the presumed goal of universal healthcare. In the end then Health Minister Leo Varadkar
suspended it, likening universal health insurance to Irish Water. He claimed it would have been
impossible to impose the extra fees without a backlash from struggling families. While denying the
Coalition had performed a U-turn on its central health policy, he was unable to give any specific year
as to when a new version will be introduced.
Varadkar also confirmed before the 2016 election was called that Fine Gael could not commit to the
introduction of universal care in the next Dil term due to a shortage of GPs. Free GP care for children
under 6 and for persons aged 70 and over were implemented but of course, these changes prejudice
needy patients, as opposed to ones who come within the age strictures, and anecdote suggests there has
been a big increase in visits to GPs by under-sixes.
If we were serious about Policy, wed have ensured that the religious congregations paid compensation
commensurate to their abuses , wed ensure that educational standards improve year on year, wed be
less concerned about water charges than VAT, income tax and capital taxes which yield far greater
dividends. If we cared about policy wed have dumped Michael Healy Rae and his clan; and Fianna
Fil, Fine Gael and their allies in confused non-ideological centrist pragmatism: the swamp out of
which emerges policy-based evidence making, and jobs for the boys.
We dont even as a country have any idea of the goal of national policy. If it is quality of life then that
should be measured. In default, because it is the default measure of our success as a society, well
continue to pursue an economic agenda of GDP maximisation even though it plunders the
environment. An oil-slick-and-cleanup registers as an increase in economic activity/GDP and does not
necessarily increase the happiness of the citizenry. We should measure quality of life across dozens of
indicators from equality (the Gini Coefficient etc) to crime and unemployment rates, water and air
quality, commuting times and even peoples perceptions of their happiness.
If we dont compile the evidence, there is no chance, if we ever decide to get serious about Vision and
Policy, that well be able to act on it.
Bought this by mistake. Glorified palm oil! @Dairygold_IE seriously damaged
your brand. Wouldn't feed it to the dog.
Ed Sibley, Director of Credit Institutions Supervision, addressed the Irish League of Credit
Unions today (22 April 2017) at its AGM in Citywest. His comments focused on his
perspectives on the Credit Union sector, the critical importance of business model
development for the sector, and on regulatory engagement and requirements.
Mr Sibley began by recognising the importance of the sector and praising the work that had
been done to reduce risks across the sector, highlighting the significant restructuring
completed. Among other positive developments, he referenced that loan arrears are falling
and that progress has been made in meeting regulatory requirements, albeit that more
needed to be done.
He emphasised that Credit Unions need to continue to develop and enhance their business
models to secure the well-being of the sector into the long-term. He highlighted that this
comes at a time when all credit institutions are adapting to changing competitive dynamics
driven by digitisation, new business models, new entrants, disaggregation of traditional
delivery systems and changing consumer expectations. He noted that greater leadership and
a clearer shared vision was required to deliver the necessary development.
He also urged Credit Unions, collectively and individually, to focus on real and pressing
business challenges, which are common across the sector, and what can be done to meet
them, rather than being distracted by over-emphasising the regulatory constraints.
In relation to investment in social housing, Mr Sibley stated that the Central Bank will shortly
be consulting on changes to eligible investments for Credit Unions, including social housing.
He also noted that the Central Bank was engaging with sector representatives on longer term
lending (including mortgages). He said that no credible, well-thought through cross sector
proposal had been submitted to the Central Bank for its consideration on this topic to date.
Changes to the asset side of Credit Unions balance sheets (loans and investments) need to
accommodate associated balance sheet transformation and risks, addressing funding, asset-
liability matching and liquidity risks, which had been lacking to date.
Mr Sibley concluded by saying Credit Unions are an important part of the Irish financial
sector and we share a common objective of ensuring sound Credit Unions that protect
members funds and can thrive into the future, serving communities, households and
businesses in the best spirit of the Credit Union movement.
PAC has vindicated C&AG
The Public Accounts Committee (PAC) has criticised finance minister, Michael Noonan, over his
dealings with Cerberus, the US fund which controversially purchased the property assets held by
NAMA in Northern Ireland in April 2014.
Following public hearings late last year into the detailed analysis report of the Comptroller and Auditor
General (C&AG) on the sale of Project Eagle for 1.24bn to Cerberus, the PAC has signed off on its
report which is said to be critical of Noonan and a number of senior officials in the Department of
Finance.
Village has learned that the final PAC report will defend the C&AG investigation as thorough and
robust and support its finding that the portfolio of assets mainly in Northern Ireland, but also in the UK,
was sold too cheaply by NAMA leaving the public purse short by over 220m.
Although restricted by its terms of reference to investigating the C&AGs value for money report it is
understood that the PAC has also raised questions over various conflicts of interest that arose in the
sale of Project Eagle, and in particular those involving Frank Cushnahan, a former member of the
Northern Ireland Advisory Committee of NAMA.
When the C&AG, Samus McCarthy, launched his report into Project Eagle last Autumn, it was
heavily criticised by NAMA executives who suggested that the C&AG was not equipped to assess the
sale of such a massive property portfolio and disagreed with his conclusions on a number of issues,
including the discount rate applied to the transaction.
The PAC has concluded that because there were no up to date property valuations at the time of the
sale it was impossible to calculate the exact value of the portfolio. There was no mention in the board
minutes of NAMA detailing the 10% discount rate to be applied in the sale leading to the probable loss,
according to the PAC report.
However, McCarthy and his team have now been vindicated by the PAC and the spotlight has turned
on the failure of NAMA properly to supervise the sale of its single largest asset portfolio which had an
estimated value of 4.6bn when the loans associated with over 800 properties across the North and in
the UK were transferred to the agency.
The PAC has identified a series of meetings where Cushnahan was involved with global investment
funds, Northern Ireland politicians and other businessmen with an interest in the property portfolio
which took place as far back as 2012 without the knowledge of senior NAMA executives, chief
executive officer, Brendan McDonagh and chairman, Frank Daly.
Serious conflicts of interest were disclosed by Cushnahan to the NAMA executives when he informed
the agency that he represented a number of business people and property developers whose loans,
representing almost 50% of the entire Project Eagle portfolio, were under the control of the agency.
Meetings took place in 2013 between Cushnahan, Ian Coulter a senior partner with Tughans
Solicitors in Belfast, former finance minister, Sammy Wilson and first minister, Peter Robinson, at
which the sale was discussed. From the outset, a representative from Brown Rudnick, an international
law firm with offices in New York, London and Dublin, was closely involved in the discussions
surrounding the sale and that represenative first invited the giant US investment fund, Pimco, to make
an offer.
In mid-2013 Pimco suggested that it would make a bid for the portfolio if it was granted an exclusive
right to tender and its interest was relayed by Wilson to his counterpart in Dublin, Michael Noonan.
Noonan referred the letter of interest to NAMA who engaged with Pimco in relation to the sale but
NAMAs board resisted the idea of an exclusive-bid or single-tender arrangement.
However, it did provide Pimco with access to the virtual data room which set out in detail the content
of the portfolio, the level of indebtedness of each distressed borrower and the likely current market
value of the properties involved.
Pimco remained as the favoured bidder almost to the end of the process when it disclosed that it had
agreed to pay a finders fee of 15m to be divided between Brown Rudnick, Tughans and Cushnahan
if it was successful in acquiring the portfolio. On the advice of its legal compliance team in New York,
who argued that the fee arrangements could be in breach of US law, Pimco withdrew from the bidding
process in March 2014.
Noonan was informed by the NAMA executives of this startling development in relation to the
purchase of Project Eagle but accepted assurances that the process remained competitive as other
tenders were on the table from Cerberus and another US fund, Fortress.
The PAC, however, questions why Noonan and some department officials agreed to meet with
executives of Cerberus just the day before the fund won the sensitive tender given the perception that it
might be interpreted as an expression of support for Cerberus or of providing inappropriate access to
the minister while the tender process was still underway.
According to committee sources, Noonan has objected to the suggestion that he may have acted
inappropriately or that he in anyway interfered with the bidding process and has written to the PAC to
complain that he is the victim of an adverse finding against him.
However, the Committee has rejected this complaint and has insisted that it has merely reported the
facts as presented to it from the various parties that appeared during it public hearings last year or in
written correspondence.
The PAC has also questioned how Cerberus, which entered the bidding race in early 2014 ended up
with the same solicitors, Brown Rudnick and Tughans, who had helped prepare the Pimco bid and who
also promised a 15m finders fee to the solicitors and to Cushnahan.
It has also concluded that the criticisms of the C&AG in relation to the price paid by Cerberus are
justified and has raised concerns, not least in respect of the conflicts of interest involving Cushnahan
and others.
The PAC has found the Project Eagle sales process was flawed and that it was compromised from as
far back 2012 at the various meetings between Cushnahan and the two law firms when they sought and
agreed a success fee among themselves of 5 million each. This is confirmed by correspondence seen
by the PAC, Village has learned.
Peter Robinson
Separately, it has emerged that the BBC Spotlight programme has been been forced to hold back
another sensational report into the Project Eagle saga due to legal threats from some of those under
investigation by the UK National Crime Agency (NCA).
In a series of broadcasts last year, Spotlight replayed secret tapes made by developer, John Miskelly,
whose distressed loans were taken over by NAMA, and in which he recorded Cushnahan accepting a
40,000 cash payment in return for promised assistance in negotiations with the agency.
On one tape, Cushnahan refers to the help he is getting from a senior executive within NAMA in his
efforts on behalf of a number of his clients in the North. On tapes made in 2012, he named Ronnie
Hanna the Head of Asset Recovery with NAMA until he left the agency in October 2014 as a key
figure in ensuring that certain developers in Northern Ireland would be looked after.
Cushnahan, Hanna and Ian Coulter have been questioned by the NCA in relation to the affair and to a
sum of 7m placed in an Isle of Man account by Coulter following the closure of the sale to Cerberus.
Former Northern Ireland first minister, Peter Robinson, and a number of other Belfast businessmen,
including accountant David Watters and Andrew Creighton were also named at the Stormont finance
committee as the intended recipients of some of these monies. Robinsons son Gareth, was also
described as an important source of assistance by Cushnahan, in the secret recordings.
The PAC report was unable to investigate many of the other revelations which have emerged in the
public domain including new claims made to Mick Wallace TD by a businessman based in the Far
East, who has said that he was in contact with Cushnahan as far back as 2010 in relation to the
Northern Ireland property portfolio.
Barry Lloyd has said that he introduced Cushnahan to a number of potential investors, including
Japanese bank, Nomura, before he was pushed aside. Later it emerged that Nomura provided a
substantial amount of the monies to Cerberus for its successful bid.
A visit by the chairman of Cerberus, former US vice-president, Dan Quayle, in early 2014, during
which he met Robinson and others connected to the bidding process in Belfast and Dublin sparked a
separate inquiry by the US Securities and Exchange Commission (SEC). A division of the US
Department of Justice, the SEC is investigating alleged payments to non-US nationals in the Project
Eagle sale process.
The prospect of a Commission of Investigation into the sale by NAMA of its Northern Ireland property
portfolio to US vulture fund, Cereberus, in April 2014, looks to be receding by the day.
Judging by the demeanour and language of finance minister, Michael Noonan, during a special debate
on the issue on 1 February the Government has no intention of exploring the serious allegations of
corruption and fixer fees that surrounded the Project Eagle deal, despite an all-party agreement to set
up a commission.
Given that Fianna Fil leader, Michel Martin had pressed the Taoiseach to agree to a Commission last
year, it seemed until then that Enda Kenny and Noonan would have no choice but to accede to the calls
across the opposition benches for an inquiry into the astounding claims about the sale which have been
aired north and south of the border over the past eighteen months.
Indeed on 1 February, Fianna Fil finance spokesman, Michel McGrath, accused Noonan of resiling
from the Taoiseachs promise of an inquiry just a few months ago, and said he detected what he
described as a muddying of the waters in relation to the Governments commitment.
There is a shift here in the Governments position, he told Noonan in response to the claim by the
finance minister that any Commission of Inquiry cannot circumvent the Garda or other law
enforcement agencies such as the National Crime Agency (NCA) in the UK and the Security and
Exchange Commission and the FBI in the US, which are investigating the Project Eagle deal.
What should be most obvious is that a Commission of Investigation cannot deal with a range of non-
specific claims, Noonan replied before raising concern over the possibility of unfocused and ill-
defined inquiries which could distract NAMA from completing its vital task of winding down its
distressed loan book. He said that the findings of the Public Accounts Committee (PAC) investigation
due for publication within weeks should be assessed in any case before any decision on a Commission
is made by the Oireachtas.
With that, the chairman of the PAC and Fianna Fil deputy, Sean Fleming, got to his feet alongside
McGrath to trot out all the reasons why a Commission may not be the best way forward given that his
committee had already covered a lot of ground during its public hearings last year. A FF double act
was revealed when Fleming expressed his concern that NAMA will fold up its tent long before any
commission makes its findings.
It would have problems with compelling witnesses from outside the jurisdiction, Fleming said, and that
it would be preferable and less costly for the Oireachtas to do the job of investigating such matters,
rather than an inquiry led by an independent judicial figure.
Careful not to contradict his party colleague, it was evident to those listening from the other opposition
benches that Fianna Fil was engaged in a public u-turn. Pearse Doherty of Sinn Fin immediately
noted the display of political gamesmanship between the two largest parties. He rounded on Noonan
for failing to use his powers to stop the sale of Project Eagle in April 2014 when he was informed of
the 15 million fixer-fee arrangements promised to a former member of NAMAs Northern Ireland
Advisory Committee (NIAC), Frank Cushnahan, Tughans Solicitors and solicitors Brown Rudnick
by US fund Pimco.
Doherty reminded Noonan that he had instructed NAMA in relation to other matters and the ministers
argument that he was not legally empowered to intervene with the Project Eagle sale was untrue and
unsustainable. In other words, Noonan has a political interest in preventing any independent public
inquiry into the sale and purchase, despite the strong whiff of corruption involved in it. Further,
Doherty asked about the developers whose loans were taken into NAMA who have repaid substantially
less than the money they owed despite the expressed intentions by the agencys architects that it would
pursue developers to the end of the earth for every cent they owed.
His colleague, David Cullinane, a member of the PAC, reminded Noonan of the sequence of events
which led to Pimco withdrawing from the sale process in March 2014 when it was advised by its own
compliance department that the fee payments were in breach of US law.
He described how Cushnahan and Ian Coulter of Tughans had been working with solicitors Brown
Rudnick as far back as 2012 in relation to the NI Portfolio and on the basis of a potential 15 million
fee to be shared between them if successful in offloading the portfolio through a single sale. They met
Pimco in April 2013 and then a month later brought the US investors to meet NI first minister Peter
Robinson and finance minister Sammy Wilson, to discuss the conceptual transaction they envisaged.
In other words, a member of the NIAC, apparently without the knowledge of the NAMA board,
chairman or chief executive, was exploring a possible fire-sale of its NI loans to interested buyers.
NAMA already knew that Cushnahan had associations with six NAMA debtors, which raised potential
conflicts of interest that were subsequently explored in last years critical report by the Comptroller and
Auditor General (CAG) on the sale.
But the CAG was only dealing with the value-for-money aspects of the sale, not the entire corrupted
process that appears now to have underpinned it, Cullinane said.
If this assessment and further contributions by PBP/AAA TDs Richard Boyd Barrett and Ruth
Coppinger were not enough to scare the government troops from going anywhere near a Commission
of Inquiry, an impassioned speech by Independents for Change TD, Mick Wallace, must certainly have
done the trick.
Wallace outlined a series of sensitive matters which such an inquiry must investigate including the
unauthorised leaking of documents from NAMA, the allegation of cash payments made to agency
officials by clients seeking to get from out of its clutches, and the more recent claim by businessman
Barry Lloyd that he was approached as far back as December 2010 by Cushnahan to broker the sale of
NAMA properties in the North to Asian investors. Lloyd dealt with Cushnahan and Tughans until a
proposed deal fell through in December 2012 leaving him exposed to the wrath of the potential buyers
unhappy with the manner in which the negotiations concluded.
Wallace went on to remind Noonan and others how the planned deal with Pimco was constructed and
how Lazards and other external consultants supposedly in charge of overseeing the Project Eagle sale
were excluded from vital aspects of the process. When Pimco withdrew over the 15m fee-demand,
and Cerberus entered the competition in late March 2014, NAMA executives apparently did not bother
to ask the new bidders whether they had been approached for any inappropriate payments.
NAMA didnt ask about Cerberus paying fixer fees, Wallace exploded, as he proceeded to name
others he claimed were central to negotiating the 1.24bn purchase by the giant US fund of the
portfolio of more than 800 distressed properties across the North, once valued at 4.6bn.
He said that Belfast accountant David Watters put the deal together with Coulter and Cushnahan in
Belfast, while NAMA executive Ronnie Hanna did the deal in Dublin.
He said that NAMA threw Cushnahan under the bus when his role in the affair emerged in mid-2015,
not least through Wallaces sensational claims in the Oireachtas in July of that year that senior
politicians were among those due to benefit from a Stg7m sum lodged offshore.
Wallace reminded the by now shell-shocked, if depleted, government benches and those viewing on
Oireachtas TV, that Hanna had been identified by Cushnahan in the now infamous tapes made by
developer John Miskelly and broadcast on the BBC Spotlight programme over the past year, as a key
figure in his efforts to assist distressed Belfast developers.
He described how Cushnahan said on tape that Ronnie Hanna would ensure that John Miskellys
lights would not be put out. Hanna, a former Ulster Bank executive in Belfast, was a Dublin-based
head of asset management with NAMA until he resigned in October 2014. He, Cushnahan and Coulter
have been arrested and questioned by the NCA about the allegations surrounding the Project Eagle
sale.
Wallace went on to claim that NAMA had misled Oireachtas hearings by claiming that it did not know
anything of the 15m fee payments until he had made his damning Dil statement in July 2015.
Is it credible?, Wallace asked. I know someone asked to look into the 15m in January 2015, by
NAMA.
He went on to list other claims which had arrived through the NAMALeaks website he set up and
which concerned alleged payments of large amounts of cash to NAMA officials, including into
offshore accounts.
There are new kids on the block, he said, whose fortunes are built on the proceeds of crime.
In this country, Wallace said, we dont like the truth, we dont want to hold state bodies to account.
Nama is rotten to the core and the minister knows it. By then, Michael Noonan had left the scene
leaving others to take the brunt of the verbal offensive from the Wexford TD.
Fianna Fil and Fine Gael are engaged in deception in dealing with the people of Ireland, he said, as
he watched the prospects of a thorough investigation into Project Eagle and other NAMA disposals
drift away, for now.
As public hearings at the Public Accounts Committee into the controversial sale of the Project Eagle
portfolio of distressed assets in Northern Ireland and Britain come to a close, its members are facing
some difficult choices with potentially serious political implications.
However, the absence of key individuals who have declined invitations to give evidence, including of
former Northern Ireland first minister, Peter Robinson, his former finance minister Sammy Wilson, Ian
Coulter of Tughans Solicitors in Belfast, as well as of some unsuccessful bidders for the 4.5bn
property portfolio (sold for 1.6bn to Cerberus) will make it extremely problematic to make definitive
conclusions on a number of matters.
Even more complicating is the absence from hearings of the former member of the Northern Ireland
Advisory Committee of NAMA (NIAC), Frank Cushnahan, and of the agencys former head of asset
recovery, Ronnie Hanna, both of whom have cited the ongoing criminal investigations in the UK by the
National Crime Agency as reasons for their absence as witnesses.
Without this pair, it is arguable that the final report and conclusions can only rely on a great level of
speculation as to the real motivation behind the decision by the eventual successful bidders, Cerberus,
in paying a 15m success fee to be divided between US law firm Brown Rudnick, Tughans and
Cushnahan which of course is the most dramatic and questionable aspect of the entire Project Eagle
saga.
The PAC inquiry is based on the finding of a report from the Comptroller and Auditor General (CAG),
Seamus McCarthy that NAMA could have secured some 220m more from the sale of the mainly NI-
based assets, that it applied a greater than expected discount to the buyer and that it failed properly to
investigate a series of apparent conflicts of interest involving key figures in the transaction. The
committee is restricted to the parameters of the comprehensive and detailed CAG report and to the
broad question of whether NAMA delivered the Irish people value for money from the purchase.
But what has emerged from the public hearings goes much further than this and opens up a truly
appalling vista if it emerges in time, following the various investigations in the UK and the US, and by
the Bureau of Fraud Investigation in the Republic, that the executives and board of NAMA failed to
uncover an attempt by a small number of key insiders, in business and politics, in the North to enrich
themselves at the expense of the state agency.
This was the thrust of the sensational claims by Mick Wallace TD when he revealed the 15m success-
fee arrangement, in the Dil in July 2015 and in much of the subsequent debate in the House and at the
Committee hearings into the controversy while it is also central to the demand by the opposition
parties, including a somewhat reluctant Fianna Fil, for a full-scale Commission of Investigation into
the Project Eagle purchase and sale.
When and what NAMA knew about the details of this success fee were at the heart of the most recent
hearings of the PAC when further questions were put to its chairman Frank Daly and chief executive
Brendan McDonagh about this crucial issue that goes to the heart of how the property management
agency dealing with billions in distressed assets across Ireland, the UK, the EU and US has dealt with
its awesome responsibilities.
Under robust questioning by several committee members including Josepha Madigan of Fine Gael,
Mary Lou McDonald and David Cullinane of Sinn Fin and independent, Catherine Connolly on 24
November, the NAMA executives were put to the pin of their starched collars to explain how Frank
Cushnahan could have been seeking purchasers for the Project Eagle assets as far back as November
2012 without any senior executive of the agency knowing about his activities.
Cushnahan met Brown Rudnick along with Ian Coulter to discuss the idea of finding a buyer for the
entire NI property portfolio in late 2012. Cushnahan represented six debtors, mainly in Belfast, who
made up more than 50% of the entire bundle of distressed commercial property and residential assets
and had declared some of these interests under NAMA compliance requirements.
It has emerged in recent correspondence from PIMCO, the US fund which was forced to withdraw
from the sales process in March 2014 after it revealed to NAMA that Cushnahan was to share in the
three way 15m success fee. Pimco has also claimed that it was approached by Brown Rudnick and
introduced to Cushnahan in April 2013.
PIMCO also asserts that Cushnahan set up a meeting for PIMCO with the NI first minister Peter
Robinson and finance minister Sammy Wilson a few weeks later, in May 2013. PIMCO also confirmed
in a letter in early November last to the PAC that it was approached by Brown Rudnick in June 2013
about a success fee, one third of which was to go to Cushnahan. PIMCO went on to claim that it sought
assurances from Brown Rudnick, whose then partner Tuvi Keinan was leading its effort to secure the
Project Eagle portfolio, as to whether NAMA had been informed of, and approved, the involvement of
Cushnahan in the planned deal.
During all of this time, and until 7 November 2013, Cushnahan was a member of the NIAC which was
chaired by Frank Daly and which sometimes held its meetings in the offices of Tughans solicitors in
Belfast, where Cushnahan occupied an office.
The NAMA executives claim that none of these meetings or requests were raised by PIMCO as it
entered into discussions to purchase Project Eagle between September and December 2013. The
discussions followed a request by Wilson in a letter to his Dublin counterpart Michael Noonan to
consider PIMCOs request to buy the entire NI portfolio of NAMA in an exclusive deal that would not
involve the normal open tendering process.
The board of NAMA did not agree to this exclusivity requirement but allowed PIMCO to access the
virtual data room which provided details of valuations, debts, borrowings and other essential
information on the properties included in the Project Eagle portfolio. Daly told the PAC hearings that it
was not until March 2014, when the sale was about to close, that PIMCO legal personnel advised
NAMA executives, including the key negotiator for the agency, Ronnie Hanna, of the promised fee to
Cushnahan.
Hanna, an executive of Ulster Bank in Belfast before he joined NAMA, was familiar to Cushnahan and
indeed to the other major players named in various parliamentary hearings north and south in
connection with the deal. Cushnahan was a close advisor to Robinson in the office of first minister for
several years. The refusal of Hanna and Cushnahan to give evidence is thus a fundamental flaw in the
efforts by the PAC and others to track the complete process of meetings, discussions, email and
telephone communications that surround the Project Eagle debacle.
When Hanna learned of the fee arrangement he informed PIMCO that it would cause a problem for
NAMA and asked whether there was any way around the problem that would allow the sales process to
continue. PIMCO, on advice from its US based compliance officers, said that it could not continue as it
could breach US corruption laws.
In his evidence to the hearings in November, Daly contested much of what PIMCO asserted in its
recent correspondence to the PAC and insisted that the first he and the NAMA board knew of
Cushnahans role over the previous two years of discussions with different parties in relation to the sale
was during those phone conversations between 10 and 12 March 2014, after which PIMCO withdrew
from the sale.
Brown Rudnick then approached Cerberus to pick up the pieces and the US fund came on board to
meet the reserve price set by NAMA of almost 1.3bn having confirmed that no former or current
employee of the agency was involved in their bid. It subsequently confirmed that it paid an acquisition
fee of 15m to Brown Rudnick in order to ensure that it had sole access to confidential data in relation
to the portfolio. The sale was completed in April 2014. Asked by Deputy Cullinane about the
circumstances leading to the PIMCO withdrawal and the late entry of Cerberus to the competition,
Daly told the PAC:
What was our focus at that time in March 2014? We were in the final stages of the competition for
Project Eagle. The main point was that PIMCO were gone or exiting at that stage. The main point was
that we were making sure Cushnahan did not get any money. The main point was that in respect of
Cerberus we were ensuring, by means of a declaration, that Cerberus was not paying any fee to anyone
connected with NAMA.
At the heart of the exchanges was the insistence by Daly that NAMA was never informed by PIMCO,
or anyone else, of Cushnahans significant role in pushing the sale of the NI portfolio after late 2012
and of his refusal to accept a claim by PIMCO that it provided the agency with details of meetings it
held with Cushnahan, Coulter and others starting in April 2013. Attempts by NAMA since April 2014
to find out from Cushnahan the extent of any conflict of interest arising from the deal or the fee
arrangement, have met with silence, Daly said.
Daly and McDonagh have disputed the CAG suggestion that it could have obtained 220m more from
the sale, and claim that there was sufficient competitive tension in the bidding even after the
withdrawal of PIMCO, in March 2014, to justify pushing ahead. They also insist that the particular
conditions in Northern Ireland, and the reluctance of debtors to engage, made it more realistic to have a
quicker than normal sale of the entire bundle of assets at a discount rather than a piecemeal disposal
over a number of years.
Hercules/Wallace grapples Cerberus
Although it is not allowed to delve into a range of other matters outside the parameters of the CAG
report, the members of the PAC would need to be living on another planet if they are not aware of
hugely damaging allegations, including taped interviews, which suggest that Cushnahan was taking
money from debtors in Northern Ireland while a member of the NIAC, and apparently making
promises of a light touch from NAMA in return.
On one secret tape made by developer, John Miskelly, Cushnahan is apparently heard naming Ronnie
Hanna as a key individual in NAMA who was helping to ensure that debtors in the North were not
wiped out in the carnage that followed the arrival of vulture funds into the Irish property market.
Mick Wallace has recently revealed how a businessman in the far east, Barry Lloyd, claims he was
approached by Cushnahan about the property portfolio as far back as 2010.
The refusal of key politicians in Northern Ireland to attend the PAC hearings is telling in itself.
Meanwhile in the South finance minister, Michael Noonan, failed to intervene after he was informed of
the extraordinary withdrawal of PIMCO in March 2014 and failed to make any effort to stop or delay
the process until the potentially sordid details of the finders fee arrangements were fully investigated.
More salt than butter.
Meaningful surnames
Cush
Barrister Michael Cush has been appearing for Denis OBrien in some of his exhausting judicial
travails. The last two letters of the senior counsels name suggest posh, plush, an advocate who
cushions, shushingly. The first two letters suggest something altogether less generous. All in all, just
what youd want.
Map it out
Talking of what youd want in a lawyer, Village editor, Michael Smith is facing a defamation action
from Michael McLoone, former County Manager in Donegal over a 2014 article titled Dodgy Donegal
Planning, published in this magazine. Smiths legal team at the 14 December callover to obtain a
date for the High Court jury trial includes Kevin Neary and Jim OCallaghan. Smith and Colm
MacEochaidh, the judge designated for that callover, offered a reward anonymously in 1995
through Nearys firm which is based in Newry. The reward for information on planning corruption
flushed out whistleblower James Gogarty whose allegations led to the instigation of the planning
tribunal. OCallaghan is Fianna Fil spokesperson on justice and a former counsel on other matters
to Bertie Ahern who got into some trouble at that tribunal. McLoone is represented by Michael
McDowell SC who advised Smith some years ago on a private prosecution that it was hoped would be
taken on the back of the evidence Jonathan Sugarman could give about failure by Unicredit, Italys
biggest bank, to observe the liquidity requirements of the Central Bank. In 1995 it was the advice of
McDowell, then a PD TD, to Gogarty that he should seek out a criminal lawyer to look at his
allegations that led Gogarty to make contact with Neary.
McDowell and MacEochaidh stood in Dublin South East in the 2002 General Election. As did Village
contributing editor John Gormley. The constituency has been renamed Dublin Bay South, one of whose
TDs is Jim OCallaghan.
Trust the trust
An Taisce, the states biggest environmental campaigner, seems to be in trouble. It has unaddressed
financial difficulties, leading to staff problems, and has just lost its Programmes and Administration
Officer, Eoin Heaney, who had been earmarked as one part of a CEO team the position of Director,
effectively CEO, is mandated by the organisations articles of association. Sources told Villager that
Heaney felt the organisations board of management was failing to fulfil its functions and bemoaned
the absence of the articles-mandated Strategy that could guide employees and An Taisces unwieldy
Council. The organisations secretary is stepping down and its chair is rotating after the last one
resigned in acrimony. The charity, which has the advantage that it in general tells the truth about
planning and the environment, has had its government subsidy cut to nothing over the years and could
do with some support from the public, in funding, membership or engagement.
Red and Cross
Meanwhile there is more trouble at another worthy charity, the Irish Red Cross (IRC). Only last year it
installed Liam ODwyer, former Director of the Society of St Vincent de Paul as its new Secretary
General and indeed reinstated former FF Minister, Pat Carey, who had resigned after he was
unethically implicated in unsubstantiated child-abuse allegations, as chairman. Sadly, in the end nearly
everyone resigns at the IRC because its so badly run but ODwyer (who replaced short-lived former
AIB Managing Director, Donal Forde the one-time beneficiary of a 1.4m salary at the bank) have
been seen as progressive and scrupulous. Like An Taisce, the IRC suffers from having an excessively
cumbersome Central Council made up of geographically-representative non-professionals, a weakness
promoted by the legislation governing charities and companies limited by guarantee. The Red Crosss
Central Council consists of 30 members (one per local area) elected by the various Society local areas
throughout the country.
The IRCs problems are longstanding. As long ago as 1972 and the Arms Trial it was used as a murky
vehicle for transmitting most of the aid to Northern Catholics fleeing the troubles. Charlie Haughey
had to ensure that no transaction involving arms should be traced back to bank accounts in the North of
Ireland in case it would come to the attention of British Army Intelligence.
Thirteen years later, in 1985, the Sunday Tribune reported Red Cross in Crisis over Funds report. In
June 2007 the Secretary General left in acrimonious circumstances. She had been pushing for reform, a
dangerous pursuit in the IRC.
The discovery in 2008 of an undeclared bank account which had had 162,000 lying in it for over
three years, in Tipperary under the name of the IRC, caused consternation and panic. The money had
been intended for victims of the 2004 Asian tsunami but was not forwarded to IRC head office as
required by IRC financial protocols. The then Vice Chairman of the IRC, Tony Lawlor, was a
signatory on the account.
Whistleblower Noel Wardick, who described the pattern of dysfunctionality in an anonymous blog and
then in this magazine, was fired in 2010 for gross misconduct though he has since been vindicated
and compensated.
Now its Athlone branch is causing problem according to a statement from the IRC: The Athlone
branch bank account in question, containing a small amount of money, has been temporarily frozen due
to concerns that rules of the organisation with regard to the management of charity property have not
been followed. It is our hope that this matter will be resolved quickly, internally. There has been no
discussion in relation to the disbandment of the Athlone branch. All monies will be used as specified
and any commitments made to assist those impacted by flooding in Athlone will be honoured.
Professionalise, lads.
Cross to bear
Its all a pity as the Red Cross does crucial work internationally. This year, in the Armageddon of Syria
for example, it has carried out 55 cross-frontline operations, bringing food and essential aid to 8 million
of people, and clean water to millions more.
Cross Power
Truth spoken by
Power
As Village went to press the UN Security council was meeting in New York to discuss developments in
Aleppo, which Russia now says has fallen to Syrian Government and allied forces.
Addressing Syria, Russia and Iran, the US ambassador to the UN, semi-Dubliner Samantha Power (and
blessed with another meaningful surname), asked if the countries were truly incapable of shame.
Your forces and your proxies are carrying out these crimes. Your barrel bombs and mortars and air
strikes have allowed the militia in Aleppo to encircle tens of thousands of civilians in your ever-
tightening noose, she said.
Three member states of the UN, contributing to a noose around civilians. It should shame you.
Instead, by all appearances it is emboldening you, you are plotting your next assault. Is there no act of
barbarism against civilians, no execution of a child that gets under your skin is there nothing you
will not lie about or justify?.
Power noted reports of up to 100 children trapped in a building under heavy fire: Clearly they must
be terrorists, she said. Because everybody being executed, everybody being barrel bombed,
everybody whos been chlorine attacked youre going to be told theyre terrorists, every last one of
them. Even the infants.
Russian envoy Vitaly Churkin, who had been the one to deliver the news about the fall of rebel forces
within Aleppo, punched back, accusing Mount-Anville educated Ms Power of building her statement
as if she was Mother Theresa.
Please remember your own countrys track record, and then you can start opining from the position of
any moral supremacy, he vituperated.
100k is enough, chaps
But the recent Horgan report suggests that the premium pensions are even more valuable than
previously estimated.
John Horgan admits that his calculations are rough and ready. But any more precise findings will be
based on the same numbers.
He estimates that the value of the garda pensions amounts to a whopping 80 per cent of pay for the
average garda. Enough.
2% please.
Villager, who admittedly gives only a tiny fig for the market, is pleased to see the introduction of rent
restrictions through a 4% cap on increases in Dublin and Cork. Last years introduction of in effect a
two-year freeze had little dampening effect on rental inflation. Annual rental inflation was 8.5% in Q3
2016 compared to 7.7% in Q3 2015. However, the two-year freeze applied only to those renewing
current tenancies, while the new 4% cap will apply to new and existing tenancies. This might mean
these new controls prove more binding on the market than last years, but it remains to be seen how
well they will be enforced in the current supply-constrained market. Young Simon Coveney has
signalled the measures would be fast tracked through the Dil but Fianna Fil, which has spent its
entire political lifetime undermining rent control and other interferences with property rights, now
correctly as far as Villager is concerned wants the measures to go further.
Fingalsomething
Ballynomun
Ballymun Shopping
Centre: dilapidated
Environment Minister Simon Coveney declared some months ago that the redevelopment of Ballymun
was complete. But it isnt, The areas depressing 50-year-old shopping centre was bought by
Treasury Holdings in 2005 with a view to demolition and reconstruction for a vast shopping centre
with cinema and 800 apartments. When Treasury burnt out and died the poor shopping centre lost
heart, and even Tesco upped sticks. But Dublin City Council bought the centre and, as always with that
erratic body, something may or may not happen. In particular it appears to be on the verge of
offloading the site to developers. The Ballymun for Business group claims there is enough land in
Ballymun for 2000 housing units once services are installed. The economic revival hasnt happened
at the pace of the residential development, they say.
Ethicilliteracy
The suspension by Fine Gael of Kildare Councillor Fiona McLoughlin Healy went ahead despite last
months article in Village showing that the complaints she levelled centring on the failure of then-
Councillor Fiona OLoughlin (FF) to absent herself from a vote on the Bluebells and Blues Festival
which was chaired by her brother merit a complaint to the Standards in Public Office Commission
(SIPO). None of the local or national media have grasped the story, which mirrors the ethical illiteracy
of Dublin City Council some years ago when then-Councillor Oisn Quinn voted on resolutions
promoting high-rise even though he had a share in a valuable office block that might benefit from
passage of those resolutions. In Dublin too, none of the local authority officials wasany difficulty with
the approach. In the end, however, SIPO found it unethical.
The Gal way
Doubts have been thrown by the Department of Heritage and Galway City Council at plans for the
restoration of a block of derelict buildings on Quay Street and Quay Lane in Galway City to become
an upmarket shop for Aran sweaters, of which Galway, the capital of craic and knitted jumpers, cannot
get enough.
However, the Department has voiced its objection to any plan to restore the building to an appearance
as at some notional date in history, while the Council has ordered a redesign.
GlenAran Ltd, which is owned by the McCarthy family from Glengarriff in West Cork, bought No 25
Quay Street and numbers 2 to 5 Quay Lane at the end of 2015 for over its 600,000 guide price. A
previous owner had pursued a plan for a 10m bar, restaurant and upmarket hostel premises in the
buildings which were built as a warehouse in the Seventeenth Century, but converted to residential
units in the 1830s.
The practice of restoring a building or structure to an appearance at some notional date in history, as
is proposed to No. 25 Quay Street, is entirely contrary to internationally accepted best practice,
asseverated the Department.
On the other hand, in the case of the buildings at Numbers 2-5 Quay Lane, the original roofs of these
buildings were only removed in recent years and the Dept believe there is sufficient documentary and
photographic evidence to restore the roofs to the original profile.
Yet here it is proposed to construct an entirely false medieval style roof. In our opinion, the type of
works proposed in this application would serve to confuse the evidence of the historic buildings, the
Departments submission reads.
Meanwhile, the City Council has ordered a redesign of the proposals and further archaeological
investigation of the site. Good enough for them. Galway, least serious of all Irelands metropolises, has
transfigured so much of its medieval heritage.
Wuthering Lows
Wutheringly
wonderful
Kate Bush has described fellow leather-trouser-model Theresa May as wonderful in a Canadian
magazine interview. Villager does not like anything that complacent people describe as wonderful.
Speaking to Macleans magazine, Bush said that having a female prime minister is the best thing
thats happened to the UK for a long time. I actually really like her, she added implausibly,
Villager would guess. Bush previously wrote a song for a sketch on a 1990 episode of TV series The
Comic Strip, about the former Labour Mayor of London, Ken Livingstone. The lyrics included: Look
to the left and to the right. We need help and theres nobody in sight. Where is the man that we all
need? Well tell him hes to come and rescue me. Ken is the man that we all need. Ken is the leader of
the GLC.
John Coyle RIP
The figurative painter John Timney Coyle has died. He was born in Scotland in 1928 and educated at
the National College of Art and Design in Dublin and the Glasgow School of Art. He first exhibited in
Cork in 1948 and has exhibited in most public exhibitions in Ireland since then. Coyle was head of the
Art Department and subsequently Vice-Principal of Blackrock College in Dublin, where he famously
provided sanctuary for anyone who could see that all of life was not found in an oval ball, and lectured
in the National College of Art & Design and Dun Laoghaire School of Art. A gentle man, he was
famous for carrying a roll of masking tape in his pocket. In case of emergencies.
He and Gary Coyle were the only father and son to be members of the Royal Hibernian Academy.
Garys work embraces various media, including Drawing, Photography and Spoken word/Performance.
In a eulogy in Glasthule Church, Gary said he was confident that after his death his father would finally
achieve the recognition he deserved.
John Coyle
Irish Cement
apologises for
'dust emissions'
from Limerick plant
COMPANY HAS MADE ARRANGEMENTS
FOR CAR WASHES AND CLEANING
PROPERTIES
Fintan Walsh
28 Apr 2017
ause respiratory irritation but does not pose a serious health risk in
the short term. In relation to possible health implications, HSE
Mid-West liaised with general practitioners and the local hospital
emergency department. To date, no unusual patterns of ill health
have been identified. HSE Mid-West will continue to monitor the
situation in the coming weeks.
The EPA and the council are setting up a network of dust
monitoring stations in four locations in the city. These will provide
information on the levels of dust, which will be examined against
air quality standards. This will support ongoing health risk
assessment by the HSE, the three bodies stated.
The EPA stated that it encourages the public to contact the agency
in the event of experiencing dust or other EPA-licensed facilities,
via its website or its 24-hour call service, at 053-916 0600.
http://www.limerickleader.ie/news/home/247385/irish-cement-apologises-
for-blow-out-at-limerick-plant.html#.WQN12ywsQuI.facebook
PLEASE SHARE: This morning I have phone calls of another dust
covering on cars in the area. Below are pictures from my car as of
30 minutes ago. Can you check your car and report it to me if there
is a similar dust covering? If you have been effected please log a
call with the EPA, the Council Environmental section & Irish
Cement. Make sure to state that you wish to make an official
complaint otherwise your call will not be officially treated as a
complaint. EPA 053 916 0600, Irish Cement 061 487200 & Council
061 407100.
All thanks to the cement factory, my car is covered in this gritty filth !!! This
was taken in The Grange Raheen.
Received call this morning that there has been allegedly another
blow out by the Irish Cement factory which will raise further
peoples concerns and is currently under investigation. If this does
prove to be an Irish Cement blowout then Irish Cement will have
some tough questions to answer. Please check your cars if you
live locally & let us know if your affected. Be careful as cars must
be cleaned by specific combinations of water and other chemicals
to avoid damage.
An Taisce objects to proposed
Northern Distributor Road for
Limerick
HERITAGE BODY IN LIMERICK BELIEVES
ROUTE WILL NOT SOLVE CITY'S TRAFFIC
PROBLEMS
Nick Rabbitts
30 Apr 2017
https://www.thetimes.co.uk/article/rte-journalist-links-callinan-to-mccabe-
smear-fzbttnbvr
Mary Carolan
Fri, Apr 28, 2017, 19:31
https://www.irishtimes.com/news/world/europe/brexit-summit-eu-accepts-
united-ireland-declaration-1.3066569?mode=amp
THE REUNIFICATION OF GERMANY ... of German Reunification: East Germany's Integration
into ... 13 Agreement with Respect to the Unification of Germany, 1990
http://endofcoldwarforum.org/sites/default/files/docs/germany/Frowein.pdf
The Prime Minister of the United Kingdom Theresa May has triggered Art. 50 today
setting in train Britains two-year, slow-motion exit from the European Union.
http://oebrg.nu-
media.at/attachments/article/533/ABS%20POLICY%20PAPER%20No%202_LA
NG_%2029.03.17_%20FR3.4.pdf
n a letter to Foyle MP Mark Durkan, David Davis confirmed that under the terms of the
Good Friday Agreement, Northern Ireland would not have to undergo the complex 'Article
49' to become part of the post-Brexit EU if a majority of its people voted for Irish unity
BRITISH Brexit secretary David Davis's assurance that the north
would automatically become part of the EU in the event of Irish
unification has been welcomed by SDLP leader Colum Eastwood.
In a letter to Foyle MP Mark Durkan, Mr Davis confirms that under
the terms of the Good Friday Agreement, Northern Ireland unlike
an independent Scotland would not have to undergo the complex
'Article 49' to become part of the post-Brexit EU if a majority of its
people voted for Irish unity.
The precedent for such a scenario was set in 1990 when East
Germany automatically joined the EU when it was reunified with
West Germany.
While a slim majority of people in the UK voted in last June's
referendum to sever ties with Brussels, 56 per cent of people in the
north voted to remain in the EU.
Mr Durkan had first raised the issue at a recent meeting of
Westminster's EU select committee.
In his response, Mr Davis said the British government was
committed to the principle of consent but points out that it supports
Northern Ireland's current constitutional status "as part of the UK
but with strong links to Ireland".
However, he concedes that if the democratic will is for Irish
unification then the north will rejoin the EU unhindered.
"If a majority of the people of Northern Ireland were ever to vote to
become part of a united Ireland the UK government will honour its
commitment to enable that to happen.
"In that event, Northern Ireland would be in a position of becoming
part of an existing EU member state, rather than seeking to join the
EU as a new independent state."
The minister's statement is the first time British government has laid
out its position on how Brexit would impact the reunification process.
Mr Eastwood said his party had been seeking clarity from the British
government on whether the north would face an 'Article 49'
application process in the event of Irish unification.
"Over the course of the last number of weeks, SDLP MPs and
negotiators have pressed the British government to concede that
unlike any other part of these islands, we have an automatic route
back into the European Union," he said.
"The principle of consent and provisions for a unity referendum in
the Good Friday Agreement allow people here to make the decision to
join a sovereign united Ireland and, in doing so, rejoin the European
Union."
The SDLP said it was welcome that the Brexit secretary had now
conceded the argument.
"Brexit has shaken the tectonic plates of our constitutional landscape
people in Northern Ireland voted to remain in the EU; the people of
Ireland voted for the Good Friday Agreement underpinned by
Europe," he said.
"If that context is to be ripped apart and our political foundations
thrown into flux, then the time will be right for people here to begin
to explore our constitutional future."
Mr Eastwood said the British governments "Brexit juggernaut"
threatened to "smash through the fragile complexities of the Irish
political dispensation".
United Ireland moving closer
to fulfilment, but Government
needs to do more - Carthy
29 April, 2017 - by Matt Carthy MEP
Sinn Fin MEP Matt Carthy said has said that with each day that passes, the aspiration for a
United Ireland is moving towards fulfilment.
He was speaking after EU leaders today guaranteed that the North would resume full membership
of the European Union as part of a united Ireland.
He added however that the Irish Government had fallen short in its negotiation strategy by failing
to seek designated special status for the North of Ireland post-Brexit.
With each day that passes, political developments in Ireland, Britain and Europe demonstrate that
the aspiration for a United Ireland is moving ultimately towards fulfilment.
The provision for the North of Ireland to immediately resume full membership of the European
Union following a successful referendum on Irish unity is another step in this direction.
Todays announcement reinforces the provisions of the Good Friday Agreement regarding the
peaceful political route to a United Ireland.
"Sinn Fin believes however that more was achievable by the Irish Government in relation to the
EU Council guidelines which fall short of the wording already agreed by the European Parliament.
"The Irish Government got what it sought but did not ask for enough. Crucially it did not seek
support for designated special status for the North of Ireland within the EU post-Brexit. This was a
major mistake.
"I believe that this can yet be achieved, if the Government makes it a priority objective in
forthcoming negotiations.
"It is in Ireland's national interest that both parts of the island remain within the Single Market and
that vital EU funding for peacebuilding and economic and social development continues.
"Sinn Fin will continue to press the Government on this issue and to work with others in Ireland
and across Europe to achieve it.
In the wake of the declaration that the North will immediately resume full EU membership in the
event of a United Ireland, it is imperative that the Irish Government, and all parties who claim to
support a United Ireland, work with Sinn Fin to agree clear criteria for the delivery of a unity
referendum.
" It is especially important that we work together to set out an agreed vision as to what a United
Ireland will mean for communities across the island so that we can win the referendum and begin
to deliver upon the potential of our country".
Sinn Fin Euro Election candidate Mary Lou McDonald and the party's Spokesperson on
International Affairs and the EU Aengus O Snodaigh TD will join a picket organised by PANA
outside the Portmarnock Hotel this afternoon where a meeting of the EU Defence Directors is
taking place. The picket is to be held between 12pm and 1pm.
Speaking before leaving for the protest Ms McDonald said: "The Irish presidency is being used to
further the militarisation agenda of the European Union. A Government that claims to be
committed to some sort of ill-defined idea of military neutrality is facilitating the construction of a
European Army and a military industrial complex through many of the meetings taking place
during this Presidency.
http://www.sinnfein.ie/contents/44400
Sinn Fin President Gerry Adam said: We welcome the provision for the North to seamlessly
resume full EU status following a successful Irish Unity Referendum. However, It is disappointing
and deeply concerning that even at the first hurdle the Irish government has fallen short. The EU
Council guidelines fail to go far enough. They do not even match those agreed by the EU
Parliament. If the Irish government fails to secure a better deal for Ireland during the actual
negotiations, the implications for the economy and Good Friday Agreement will be profound."
The Good Friday Agreement provided for a pathway to Irish Unity. We welcome that this
provision has been reflected in the discussions to allow the North to seamlessly resume full status
with the EU following of a successful Irish Unity referendum. In the Dil next week we will be
asking the Taoiseach to set out how this will be achieved. Alongside this, it is time for the Irish
government to set out the criteria and context against which they will judge it is time to support
the calling of a referendum on Irish unity.
Todays extraordinary meeting of the European Council was very important for Ireland, north
and south. There was a high level of media spin that the Irish government would deliver in the
national interest. It is disappointing and deeply concerning that even at the first hurdle that the
Irish government has once again fallen short. The European Council guidelines should have gone
considerably further. There is support for Ireland in Europe and the Taoiseach has failed to
harness it.
There is widespread recognition across the EU of the unique and special circumstances faced by
Ireland as a result of Brexit. There is also widespread support for the peace process and the
Good Friday Agreement. A stronger approach from the Irish government, could have achieved far
more today. There is now a huge amount to do in the coming negotiations.
"The Taoiseach cannot do the lifting for the British Government. He has to stand up for Irelands
national interest and put this before any other consideration.
The best way to secure Irelands future is through designated special status for the North within
the EU. This can still be achieved, if this objective becomes a priority for An Taoiseach. The
government needs to discuss with our EU partners; how all of Ireland can remain members of the
Single Market and the Common Travel area, how EU funding streams can continue to be
accessed, how the rights of Irish citizens in the north will be delivered, how trading arrangements,
north and south and between Ireland and Britain are protected. And critically how the
Good Friday Agreement is preserved in all its parts, because that is how we will continue to
advance the peace process.
Sinn Fin remains committed to securing designated special status for the North within the EU.
We will continue with our diplomatic offensive and engage with all relevant parties and actors in
Ireland and in the EU to bring it about.
http://www.sinnfein.ie/contents/44399
Last Friday afternoon, I went online to the Department of Social
Protection's website - welfare.ie. There, I found the fraud tip-off
page. A glaring red warning sign said there are criminals "cheating
welfare". It says that last year the department saved 500m
"thanks to people like you".
This is not true. That isn't savings recovered from cheats, and it
doesn't come from tip-offs.
Then, in pursuit of my duty as a citizen of the Republic, I reported
someone for abuse of social welfare. It felt good.
Frankly, being old fashioned, I'd be a little queasy if I had to ring
an actual human and report someone and get them into trouble.
Happily, you can now just anonymously fill in an online form.
Which is what I did.
Under "type of fraud" it gives you a drop-down menu.
I skipped "Working and claiming".
I skipped "Living with partner and claiming One-Parent Payment".
I skipped the other six varieties of fraud you're asked to report.
I ticked the ninth fraud option: "Other".
Then the name and address: Leo Varadkar, Leinster House. I filled
in the rest of the form (sorry, lads, I don't know Leo's car
registration, so I left that blank).
And in the special box I added details of Leo's abuse of social
welfare: "Using public money to conduct a phoney anti-fraud
campaign, to impress Fine Gael supporters and enhance his
chances of becoming the next leader of the party."
For the past 10 days there have been posters all over the place,
ads blaring across the airwaves. You're walking down the street
and a bus goes past with a message from Leo on the side:
"Welfare Cheats Cheat Us All".
The message, in a campaign costing a reported 204,000, is
inescapable - your neighbours are crooks and liars. Rat them out.
So, that little bugger around the corner who's forever driving too
fast, with his windows down, his lousy taste in music blaring - it's
not hard to convince yourself he's on his way from doing a nixer
to collecting the dole.
So, online, by phone, scribbled on bits of paper and posted to Mr
Varadkar - every random suspicion, justified and not, is
channelled to the Campaign For Leo.
And, repeatedly the stats are sent to the media, which broadcasts
the latest figures the politicians have "saved". (Those journalists
who are played like fiddles by politicians might ask themselves
why they're given only the number of tip-offs - which means
nothing - and not the number of genuine frauds disclosed by
pissed-off, over-suspicious informants.)
Some politicians seem convinced there's a class of sponger out
there who takes out of society far more than they put in. They
seem to believe there's a pool of deadbeat, money-grubbing
chancers who use every trick - legitimate and illegal - to line their
pockets.
And, of course, the politicians are right.
These people are called tax dodgers.
Hundreds of millions of euro are drained from the economy each
year by people who break the law and evade tax. On top of that,
hundreds of millions more are swiped by people who employ
specialist lawyers and accountants to locate loopholes in the tax
laws.
It's long been my belief that when politicians have finished
drawing up financial legislation they pass it to the Loopholes
Section of the Department of Finance. There, an agreed number
of loopholes are drilled into it, as arranged in meetings between
departmental officials and lawyers representing the tax-dodging
classes.
Yes, there is welfare fraud.
Sometimes, thieves go to some lengths to steal from the State.
Mostly it's a few hundred here and there. Maybe someone loses
their job, they're on the dole, they owe money, they get the odd
nixer and they don't want to sign themselves off the dole because
they don't know where the next nixer is coming from.
These are not people taking a shortcut to riches - they have given
into temptation.
But, it's nothing we need get excited about. There are substantial
"control measures" in place to police the rules, and 600 people
specifically assigned to protect the system. (The money that
would be lost if these measures were not in place is regularly
described by politicians as "savings" by anti-fraud measures, as
though it was somehow recovered from thieves. It's not.)
There's no epidemic of fraud against which we all need to be
warned, with posters, radio adverts and accusatory buses.
Fraud is officially listed under "fraud and error" and by far the
greater part of the losses are due to error - the welfare recipient's
or the system's.
It might, for instance, be discovered that I've applied for and
received a payment I'm not entitled to. It will be stopped.
But it may be clear my mistake means I haven't applied for the
payment I am entitled to. And the correct payment will henceforth
be paid instead of the one I claimed.
It's not fraud. It's not a problem.
Here's the Secretary General of the Department, before the Public
Accounts Committee in March 2013: "Overpayments in their
totality, which amounted to 92m, equated to 0.44pc of
expenditure. The fraudulent element of that was 0.2pc of
expenditure."
Any financial entity dealing in tens of billions will leak some
money.
About 50m is a small fraction nicked, but it's real money - maybe
50m or thereabouts some years. Some taken by professional
thieves, mostly in small amounts by people living hand to mouth.
Compare this with large multiples of that amount stolen in tax
frauds by well-off, greedy people.
Far from being a problem, the welfare system is a solution.
Without it, for instance, the labour market, with all its necessary
job transitions and retirement periods, could not function.
Most benefits go to the old and the very young. Again, without
such a system society could not function.
The State is right to take measures to protect public money. What
it's not entitled to do is stage an hysterical war against a non-
existent eruption of fraud, as though it's a major problem for the
public finances.
The major problem is the tax dodging.
It would not be legitimate to mount a campaign demonising
business people as crooks and liars, just because some business
people dodge tax.
It is not legitimate to mount a campaign demonising those
receiving welfare payments - which, in the course of a life includes
most of us.
It's morally wrong and it's socially damaging.
For a start, it increases welfare fraud. When chancers like Leo
create a belief that "everyone is at it", it increases the number of
people who believe that fraud must be easy, so they try it on.
Others feel like they're among a dwindling number of honest
eejits, and they too are tempted to have a go.
Smearing a lot of people, in order to demonstrate Varadkar's
leadership credentials is a waste of public money when fraud is at
a low level and is not a threat to financial stability.
I've had my fun on Leo's Fraud Page. I'm not recommending that
others do likewise. But if you do check it out you might note
there's a malfunction in the extremely expensive exercise.
You must say whether you made a previous report on the alleged
culprit - and if so on what date. If you haven't made a previous
report, the site won't accept your tip-off unless you insert a
random date on which you didn't previously make a report.
Not very competent, Mr Varadkar.""
John Deasy
Source: Rollingnews.ie
Updated at 7.35am
THE TERMS OF reference in the forthcoming inquiry into
the Grace case have been amended after angry exchanges in
the Dil and suggestions that they werent fit for purpose in
their original form.
The revised terms of reference for the Commission of
Investigation were agreed by Cabinet yesterday evening, the
Government confirmed.
The new terms were circulated to TDs last night. There will
be two phases:
The first will deal with Grace case specifically.
The second will deal with the care and decision-making
process in respect of 46 other children who passed
through the home in question.
The new terms will be made available on the Department of
Health website from later today, its planned. They will be
debated and voted on in the Dil at 12.45pm.
Dil row
Yesterday, Disabilities Minister Finian McGrath agreed to
return to Cabinet to draft fresh terms after TDs John Deasy
and John McGuinness harshly criticised the terms as they
stood.
Follow
Gavan Reilly
@gavreilly
McGuinness says he won't be supporting the terms of
reference and that the Dil should be ashamed of passing
them if it does.
10:57 AM - 8 Mar 2017
18 18 Retweets16 16 likes
Source: Gavan Reilly/Twitter
MINISTER FINIAN MCGRATH has defended the terms of reference for the
inquiry into the handling of the Grace case.
http://health.gov.ie/wp-content/uploads/2017/03/DRAFT-Commission-of-
Investigation-Terms-of-Reference-1.pdf
With a 6.3m settlement approved by the High Court, she will have
all the comforts and supports that money can buy.
But what will that really mean to a woman who, the court has heard,
was taken 20 years too late from an abusive foster home, holding on
for dear life to a toy to which, to this day, she still clings?
They say the first two years of a childs life are critical in determining
how well they will cope with the rest of it. Fail to nurture, to support,
and to love a child in that crucial first phase and the impact can be
lifelong.
Grace had love but it was from a mother who feared she could not
adequately care for a child with profound learning disabilities and
who trusted the professionals to find her that care instead. And when
she needed nurturing and support to compensate for the distance
from her mothers love, she got instability, exclusion, and abuse
instead. Not just for two years, but for 30.
In approving the settlement, Judge Peter Kelly remarked that, for
reasons unknown, a recommendation that Grace be removed from
the last home where she was placed after seven years there was
reversed and she languished there another 13 years.
Unknown or not, he speculated that the reason was that health
officials did not want the bother of having to explain to a court why
they needed to vary her care order to remove her from the home.
Judge Kelly is probably right. It would have cost them time and
trouble to explain their concerns about the home, to defend their
vetting of that home in the first place, to find a new home for Grace,
to face her mother, and tell her what had been going on.
So they transferred that cost to Grace, who lost 20 years of her life as
a result. And they transferred it to her mother, who lives with the
anguish of her daughters suffering.
They transferred it to two brave social workers who risked their
careers to speak out on her behalf. And they transferred it to the
taxpayer, who now foots the bill for a commission of inquiry and for
the court settlement.
Judge Kelly described the case as not just shocking, but a scandal.
This from a man who, for years, dealt with troubled teens who
became known as Kellys Kids, who, day after day, grappled with
cases of runaways and tearaways, children from chaotic backgrounds
or tragic backgrounds or good backgrounds that somehow proved
insufficient to save out of control youngsters from themselves.
It takes a lot for Judge Kelly to declare that something is a scandal. It
will take a lot for the effects of this scandal to work their way out of
Graces life.
6.3m is a start, but a caring heart, a listening ear, and a brave soul
back when Grace was a child would have been spared a lot of cost,
and not just in money terms.
Speaking to the Irish Examiner after the landmark judgement, the
whistleblower said while the ruling was a good day for Grace, the
HSE has yet to provide any answers or accountability for who is
responsible for the 20-year scandal.
In a settlement yesterday after detailed deliberations, High Court
president Peter Kelly sanctioned a HSE offer worth 6.3m in
response to what happened to Grace, a woman with severe physical
and intellectual disabilities who was abused for two decades at a
State-funded foster home.
The settlement includes 4.6m in promised personal care for the rest
of Graces life; 600,000 in damages, 150,000 above usual limits
due to the scale of abuse suffered; and 600,000 to cover the HSEs
failure to properly support her since the scandal emerged in 2009.
In addition, the settlement also involves 87,000 in disability
allowance payments to cover money Graces foster family abusers
illegitimately kept from her; 275,000 in future disability allowance
payments; and 175,000 for ongoing medical-related transport.
Speaking during yesterdays High Court hearing, Justice Kelly said it
was disturbing that this abuse scandal occurred in the 21st century
and involved abdication of responsibility by health officials.
He said it remains a mystery why the decision to remove her in
1996 was not acted on and was later reversed by a three-person
health board committee after the foster familys father contacted
then health minister Michael Noonan.
If a State commission of investigation he hopes will get to the
bottom of this had not already been set up, Justice Kelly added he
would have rejected the settlement and instead insisted on answers
by trial.
Speaking to the Irish Examiner last night, the whistleblower at the
centre of the case repeated this view, saying that while the money is
welcome and a source of huge relief for Grace and her carers, it
cannot undo the damage caused.
As Peter Kelly outlined today, money is the only mechanism
available within the law to compensate, but no money can undo
what the HSE did or, indeed, failed to do, the whistleblower said.
It is a good day for Grace, but there have been no answers and still
no accountability for this gross negligence.
Yesterdays High Court hearing was told that despite
recommendations more than a decade ago that Grace be made a
ward of court, this failed to be acted on due to fears a court would
ask questions about her care.
It also heard that when Grace was removed in 2009 from her foster
family abusers, she was in a wretched state, frail, dirty, and
unkempt, with health problems due to a poor diet and psychosis.
Her only possession was a childs toy which she held onto for dear
life.
The HSE yesterday again apologised unreservedly for the failings in
your [Graces] care.
However, given the HSEs track record in the case Justice Kelly
insisted on a sworn HSE court guarantee it will abide by the terms of
the settlement and begin payments within four weeks.
While the settlement has now been reached, Justice Kelly stressed
the State commission of investigation into the scandal must uncover
who was responsible.
Speaking on RTEs Six One News last night Fergus Finlay, chief
executive of childrens charity Barnardos, welcomed the settlement
but said: The State failed her [Grace] again and again, and again.
I hope todays settlement is certainly not the last settlement,
because other people were abused.
The High Court has approved a settlement worth 6.3m for 'Grace' ,
the young woman with intellectual disabilities who was left in the
care of a foster family for 20 years despite physical abuse, gross
neglect and possible sexual abuse.
President of the High Court, Mr Justice Peter Kelly approved the
settlement describing the failure of care in this case as a scandal,
write Daniel McConnell and Fiachra O Cionnaith of the Irish Examiner.
Grace's story has been extensively covered in the Irish Examiner over
several years.
In court, the Health Service Executive (HSE) apologised to the
woman in court for the failings in her care.
The court heard those failings included inadequate monitoring and
oversight of her care and inadequate action to remove her from the
foster home after significant concerns had been raised.
In its apology, the HSE said the care she received "fell short of the
compassionate, caring and personalised support that she was
entitled to".
In the letter of apology from Chief Officer Aileen Colley and read out
to the court by senior counsel the HSE said it sincerely regretted that
Grace experienced "a number of very serious failings" in her care
during this time up to 2009.
These included, the statement said:
"Inadequate monitoring and oversight of your care; an absence of
necessary liaison between those responsible for your placement in
the foster home ; inadequate action to remove you from your foster
home after signficiant concerns had been raised and an absence of
the necessary protocols and arrangments to support the placement
of vulnerable children and adults with a disability in foster families.
It added: "The care you received fell far short of the compassionate,
caring and personalised support you were entitled to . For all of
these faiilings I wish on behalf of the HSE to sincerely apologise to
you."
The letter concluded: " I want to reassure you and everbody
associated with your care the HSE has taken steps both locally and
nationally for continued service improvements, standards and safe
care."
Approving the settlement, Mr Justice Kelly said the reasons why
'Grace' was left in the foster care placement in 1996 despite
recommendations from professionals and health board personnel
that she be moved "remained a mystery".
He said a decision to move her was reversed by a three-person
health board committee, after representations were made by the
foster parents to the then minister for health.
He said it remained a mystery as to how that decision was made.
He said it was a scandal when you considered how this young
woman had been treated while in the care of the HSE and its
predecessor.
As reported in the Irish Examiner, Grace has very significant needs
and was unable to speak.
In court, Mr Justice Kelly said there was a suggestion that she had
been sexually abused. He said she had certainly been physically
abused.
Mr Justice Kelly said a decision had been made in 1996 to remove
'Grace' from the foster family. But he said that decision had been
reversed by a three-person committee in the health board for
reasons which remained a mystery to this day.
He said this was after representations were made by the foster
parents to the then minister for health.
He said the decision was made in the teeth of recommendations
from the professionals and health board personnel.
HSE director general Tony OBrien will yet again be forced to
publicly answer a series of questions from the public accounts
committee over the Grace foster home sex abuse scandal after fresh
concerns were raised about his evidence, writes Fiachra Cionnaith
and Daniel McConnell.
The PAC said it will tell Mr OBrien to attend in a fortnight after the
HSE gave further information about five individuals who were
central to the controversial decision to reverse plans to remove
Grace from the home in 1996.
A second person [H7] retired from the HSE on October 17, 2010; and
a third [H12] on February 29, 2012; while another individual [H6]
joined Tusla on December 9, 2013, and a fifth [H4] resigned from the
HSE for as yet unknown reasons on April 29, 2009.
The report by Senior Counsel Conor Dignam was published this evening.
https://static.rasset.ie/documents/news/south-east-disability-service-final-report-2016.pdf
HSE releases two reports, the Inquiry into Protected Disclosures, SU1 report by Conal Devine &
Associates and the Disability Foster Care
http://www.hse.ie/eng/services/news/media/pressrel/disability-foster-care-report.pdf
Disability Foster Care Report, HSE South East (Resilience Ireland) reports,
relating to the so-called 'Grace' case at a foster home in the South East.
http://www.hse.ie/eng/services/news/media/pressrel/disability-foster-care-report.pdf
New maternity
hospital will provide
standard of care
expected by women
- Taoiseach
Updated / Thursday, 27 Apr 2017
This week - amid the fall-out from the supposed 'revelation' that the new
National Maternity Hospital is to be handed over to the Sisters of Charity -
Simon Harris will know exactly what Cowen meant as he witnessed one of his
department's rare 'good news' stories blow up in his face in spectacular
fashion.
Just days after scoring a positive PR goal on funding for Cystic Fibrosis drug
Orkambi, Harris found himself attacked from all sides when it 'emerged' that
the new maternity hospital would be handed over to the St Vincent's Hospital
Group which is owned by the Sisters of Charity.
Opposition parties, left-wing activist groups and atheists quickly seized on the
'news' of the 'secret' deal and an online poll protesting the plan soon went
viral, attracting over 70,000 responses in a matter of days.
However, there is one glaring problem with the narrative that has been doing
the rounds thanks to social media. The deal with the Sisters of Charity is not
and never was a secret and far from 'emerging' this month, it was widely
known about as far back as last May. Legal issues involving the site of the new
hospital - and its eventual ownership - have been in the public domain since
2013 when the HSE waged a very public PR battle with the St Vincent's
Hospital Group over governance at St Vincent's public and private hospitals.
Indeed, it was in 2013 that we learned that the St Vincent's group had used its
State funded public hospital as collateral to finance the development of its
private facility, an issue that is at the real core of the current row.
As a result, the banks have first dibs on St Vincent's lands and even if the
hospital group wanted to sell the site of the maternity hospital to the State, it
probably couldn't. The banks' involvement would also make a compulsory
purchase extraordinarily difficult.
So, if all this has been known for years - and the full details of the deal were
announced at a press conference last November - why the current outrage?
The simple answer would seem to be opportunism on the part of politicians
and general ignorance on the part of the public.
Many of the civilian groups so vehemently opposed to the deal seem to have
been entirely unaware of the situation and were only alerted to the 'emerging
news' when it erupted on social media.
Senior politicians - especially those who were in Government when the deal
was being finalised - were certainly well aware of what was happening and
some appear to be using the current controversy to score cheap political
points.
Public ignorance and cynical political games now threaten to completely derail
a vital project that will benefit thousands of women and children. That's the
real scandal here
Follow
RT News
@rtenews
Prof Fitzpatrick says he thinks a Catholic ethos will prevail
at the NMH
11:03 AM - 28 Apr 2017
13 13 Retweets14 14 likes
But he said there is "sufficient ambiguity in the
composition of the board" that he says will guarantee
division and confusion.
"This is not the way to run a maternity hospital", he
said, referring to it as a "compromise governance
model".
The Chairperson of the Association for Improvements
in the Maternity Services Ireland has said it is vital
that there is clarity that the new maternity hospital will
provide all the services that a 21st Century maternity
facility should provide.
The Irish state has a moral and legal obligation to protect the human
rights of everyone within its jurisdiction. It is the duty of the state to
recognise the right-to-life and ensure its protection in law. No state,
no legislature, no assembly, regardless of public opinion, can
abrogate or deny fundamental human rights.
Any attempt to limit, nullify or deny the right to life of children before
birth is wholly illegitimate.
http://www.nodeath.ie
Irelands youth are no big
fans of priests, politicians or
police
Only one group fared worse than the three Ps in survey
no prizes for guessing which
Tue, Apr 25, 2017, 21:02
Conor Pope
Tough crowd: results all come from Generation What Europe, a landmark
survey taken by nearly a million young people across Europe. Photograph:
Frank Miller
Irish millennials have expressed an almost complete lack
of confidence in priests, politicians and police, who used
to be considered the three pillars of Irish society.
Only 2 per cent of Irish people aged 18-34 told
researchers working on behalf of the European
Broadcasting Union they had complete faith in religion,
while 56 per cent said they had absolutely no trust in it,
according to a Europe-wide survey of 18-34-year-olds.
The survey also showed that 35 per cent of young adults
in Ireland believe all politicians to be corrupt, and a
further 41 per cent expressed the view that at least some
of them are up to no good.
The news is not all bad for politicians, however: although
just 22 per cent of Irelands young adults expressed a
good deal of confidence in Irelands political class, the
percentage was still sufficiently high to rank Ireland as
the most trustworthy country of the 18 European states
surveyed when it came to politicians honesty.
Dublin and Cork among top 100 cities for millennials
Generation Z comes of age, but spare a thought for
inbetweeners
No dating, please, we are Generation Snowflake
The news wasnt great for An Garda Sochna, either, as
46 per cent said they distrusted the force to some extent.
Children of the revolution
The survey also suggested that the political world should
be on its guard, as more than half of Irelands
millennials appeared to be prepared to join a large-scale
uprising against the generation in power.
The results all come from Generation What Europe, a
landmark 149-question survey taken by nearly a million
young people across Europe including more than
20,000 in the Republic covering a range of topics from
politics to happiness, education, nationhood and
immigration.
Despite the growth of nationalism and populist politics,
there seems to be no appetite for a ban on immigration
across Europe, with 73 per cent saying they believed
immigration made society richer, and Spain, Germany
and Denmark all supporting immigration by more than
80 per cent.
Fergus Finlay thinks they need to cover all children who lived
at the home.
"I heard several reports last night saying terms of reference
will be limited to the case of Grace and that might be seen as
seen as some kind of template for future investigations.
"If terms of reference are set up to explore a range of cases
but prioritise one as a first module, then the others will be
investigated."
Michael Noonan insists he is innocent of wrongdoing in
'Grace' case
02/03/2017
Finance Minister Michael Noonans handling of the Grace
case while he was health minister featured prominently at a
meeting of Fine Gael ministers before Cabinet this week, the
Irish Examiner has learned, writes Daniel McConnell, Political
Editor.
Mr Noonan has come under sustained fire as a decision to
remove the intellectually disabled girl from the foster home at
the heart of the scandal was overturned on his watch in 1996.
As revealed by the Irish Examiner, Mr Noonan was lobbied by
the then foster father who appealed to have Grace left in the
home.
The Health Service Executive has provided copies of two previously unpublished reports to
the families of service users affected by failures in the foster care system in the Waterford
region over a prolonged period of time.
The Conal Devine and Resilience Ireland reports, copies of which have been seen by RT
Investigates, will be officially published today.
The publication of the reports follows revelations by RT Investigates in 2015 concerning the
story of 'Grace' - a young woman with profound intellectual disabilities who was left in a foster
home in the Waterford area for almost 20 years despite a succession of sexual abuse
allegations.
She was one of 47 children placed with the foster family over a 20-year period.
The HSE commissioned two reviews into the foster home, one in 2012 by consultant Conal
Devine and another in 2015 by the consultancy firm Resilience Ireland, but neither report was
published at the time of its completion.
RT has seen copies of the two unpublished reports, which list multiple failures in the care
system.
The Conal Devine report finds that a decision to leave Grace in the foster placement was
made in late 1996 despite an earlier decision to remove her.
According to the report, that meant Grace continued to live with the foster family "beyond
her 18th birthday with minimal intervention for a further twelve and a half years."
It was also decided at this point "to explore the possibility of making 'Grace' a Ward of
Court".
But this did not happen and Grace continued to live in the foster home until 2009.
The 2015 Resilience Ireland report looked at all users who were placed in the foster home.
There was no evidence that placing children in the foster home "...would be conducive to their
welfare..."
Children were placed with the foster family on respite from 1983 but the family was "...not
approved as foster carers... until 1985".
They were approved to "...take a maximum of two children for holiday/respite care, primarily
during the months of July and August." However, over the following years anywhere between
14 and 20 children stayed there at any one time and the lengths of stay gradually increased.
Last year the Government announced a statutory commission of investigation into the foster
home scandal.
The terms of reference for that inquiry were to be published this week, however that will not
now happen until after next week's Cabinet meeting.
A spokesperson for Minister of State for Disabilities Finian McGrath has confirmed that the
Minister instructed the HSE to publish the reports as soon as possible. The publication will
take place tomorrow.
It is understood the HSE has specialist teams in the Waterford/Kilkenny region today
providing support services to the families of those affected, in advance of the publication of
the reports.
A spokesperson for the HSE said it will not be making any comment in advance of publication
tomorrow.
Devine Report
"After a further case conference, it was decided not to proceed with removal of her under
Section 43 of Childcare act. She will continue to live with the X family for the present time with
regular review of the situation by Adult Mental Handicap service. It was also decided to
explore the possibility of making her a Ward of Court. "
On the consequences of leaving Grace in situ and not pursuing the idea of making her
a Ward of Court:
"The inquiry team, on the basis of the evidence available, would be of the view that the two
persons designated to hear the representations made by (...) did not uphold the appeal of that
decision. The Inquiry team would be of the view that the decision taken at October's case
conference to effectively reverse the outcome of the April case conference was taken by the
professionals concerned including (...). It is not clear however if this decision was made prior
to the October case conference or was taken at the case conference.
The consequences for [Grace] were that the placement with the X continued beyond her 18th
birthday as an ad hoc placement with minimal intervention and monitoring for a further twelve
and a half years"
"There are no references on [Grace's] file to any interventions or interactions for the period 30
August 2004 - 31 December 2004"
Again there were no interventions or interactions for "...1 January 2005 - 31 December 2005"
and again there were no interventions or interactions for "1 January - 31 December 2006".
"The inquiry team's view is that whichever of the possible scenarios identified above actually
occurred, any one of these scenarios represents a failure to discharge duty of care
responsibilities to [Grace]".
Following a call from the birth mother in 2007, Grace's file was acted upon by the HSE.
At the same time, the Devine Report describes the lack of managerial supervision and
structure to allow correct decision-making and in managing her case file in the period of mid-
2007 until 2009.
Finally, in 2009 Grace was removed. The report goes on to say:
"The Inquiry Team notes that (...) was requested to provide a report to (...) in December 2007
re [Grace] and related issues. This report was circulated to the (...) in January 2008 and
furnished t the solicitor, with an updated version furnished in March 2008. Is it noted that
discussion at the (...) meeting of 12 December 2007 indicates that there was a need for "legal
representation to protect HSE and the personnel involved"
It adds: "The Inquiry Team understands that (...) Solicitors was requested on 1 September
2008 to proceed to seek Counsels Opinion re [Grace]. The Inquiry Team further understands
that (...) was not a party to those discussions. The Inquiry Team notes that in September
2008 (...) advises contact with the birth mother. (...) "suggests that legally we have very few
options. If we seek to take the client back into the care of the HSE a judge would need strong
evidence of why it is necessary given that she has been in this woman's care for so long. The
judge would need to see that it is in the client's best interest and there is little evidence of this.
The court will likely ask what have the HSE been doing for the past years for this client." (...)
advised that legal counsel's opinion should be sought on the case.
Resilience Report
The Resilience Ireland report looked 47 other service users who were places at the home
from 1983 to 1993. These placements were mainly for the purposes of respite and most
lasted a week to two weeks.
The report identified nine children who were placed privately at the home and these private
placements continued to 2013. These placements were not notified to the health board and
therefore not monitored.
The regulations governing these placements are known as the Boarding Out Regulations
1983. They stipulate that there should be reports on any potential home by an authorised
officer of the health board. They should detail the number, sex and ages of those living in the
home, the suitability of sleeping arrangements and other domestic conditions.
"...could not find evidence on file of any reports which would indicate that boarding out
children in the home of foster family X would be conducive to their welfare as per the
Boarding Out Regulations 1983."
The report looked at a particularly vulnerable group of 5 children and is critical that again in
relation to these children "...there was a consistent failure in to meet the basic requirement
associated with the regulations".
There was "...no evidence of any visit by an authorised officer of the health board or the
conducting of an assessment of foster family X's suitability".
Furthermore the report states that "...the health board was required to carry out periodic
inspections of the home in which s/he was boarded out within one month after the child was
place there and thereafter at such intervals not exceeding six months. The team has not
found evidence on file to demonstrate that such inspections occurred in most of the cases or
were recorded in any reasonable manner."
The report notes that overcrowding was problem in the home and that "...the maximum
number of two children being cared for during the respite period of July and August each year
was breached on more than one occasion."
During the time of compiling the report a number of historic service users were identified that
the enquiry team believed warranted further investigation, the report states: "During the
course of this enquiry ... a total of four service users were formally identified by An Garda
Sochna initially to the HSE who then made appropriate referrals to Tusla."
TH The National Child and Family Agency Tusla says it has yet to receive clarification as to
whether any of its current staff were involved in decisions to leave an intellectually disabled
woman known as 'Grace' in a foster home setting around which risks were raised.
Despite allegations of physical and sexual abuse against a person in the foster care setting
being raised in the mid-1990's, 'Grace' remained in that setting until 2009 before legal steps
were taken to remove her by a voluntary service provider.
Following issues around 'Grace's care being raised at the public accounts committee,
specifically where staff who had dealt with her care now worked, the HSE delivered a copy of
a 2012 report on the matter Tusla.
However, in a statement to RT's This Week, Tusla told the programme that it had only
received an anonymised version of the report, which was compiled by management
consultant Conal Devine for the HSE.
Tusla told RT "the [copy of the Conal Devine] report received by Tusla refers to the posts
involved in Grace's case but does not specify names.
"Following the comments made by the HSE in front of the Public Accounts Committee, Tusla
requested the names of any individuals involved in the case who are now working in Tusla.
In a statement to This Week, the HSE said: "The Conal Devine and Reliance Reports, with
permission of An Garda Sochna given and in line with legal advice have been provided to
Tusla.
The statement said some additional information has been sought this week by Tusla and the
HSE through its legal advisors is consulting with An Garda Sochna on whether the
additional information can be provided in the context of the live Garda Investigation.
E government has confirmed that the report into alleged abuse against a
disabled woman Grace while in foster care in Waterford will be published
imminently, provided the HSE has covered all its tracks.
Some 9 months after Taosieach Enda Kenny promised swift action and justice
for Grace, an initial report into the case remains unpublished amid concerns,
voiced by the barrister compiling the report, over the HSEs co-operation.
Look, youve got to understand weve got to cover our asses first, a HSE
spokesperson explained to WWN, we want to give all relevant information for
the report, but weve got to leaf through it first and make sure none of us will
get in trouble.
We handed some files we had to the barrister carrying out the investigation,
and maybe we didnt hand over some other files. But were trying to break a
435 bad report in a row streak, the spokesperson added.
We all dream of the day when a HIQA report says something other than I
cant fucking believe the HSE fucked up yet again and caused people suffering
and indignity. And on that glorious, hypothetical day, well immediately ask
for a pay rise and create another 100 middle management roles for no
reason, the spokesperson concluded.
The HSE asked members of the public who are outraged at the allegations of
people being sexually abused while in foster care to save their anger for the
next, presumably worse HSE scandal.
Reports published
in Kilkenny
highlight failings of
south-east foster
home
HSE APOLOGIES OVER 'GRACE' CASE AND
FAILINGS OF SYSTEM
Sam Matthews
28 Feb 2017
Two reports highlighting 'significant failures' in the foster care
system in the south-east were published at HSE offices at Lacken
in Kilkenny today.
On foot of their publication, the HSE issued an 'unreserved and
heartfelt apology' to those affected by the failures of the former
South Eastern Health Board in dealing with a foster home at the
centre of the allegations.
The two reports, Inquiry into Protected Disclosures, SU1 (Conal
Devine & Associates) and 'Disability Foster Care Report, HSE
South East (Resilience Ireland), focus on failures at the home in
the south-east region where 47 children were placed over two
decades up to 2013.
They also deal with 'Grace' a young, intellectually-disabled
woman who was left in the home for almost 20 years, despite the
many sexual abuse allegations.
Grace was admitted to the home in the south-east of the country
when she was 11 years old. On one occasion, she was sent back
to the home even after her day carers noticed physical injuries
and bruising on her thighs and breasts.
The Conal Devine report says that an absence of supervision and
adherence of protocols meant that Grace was allowed to remain
there, despite at least four opportunities where action could have
been taken and she could have been removed from the home.
The reports were completed in 2012 and 2015, but their
publication was delayed pending clearance from the gardai.
Local TD John McGuinness has called for a full public inquiry into
the matter. It's expected that the Government will set out the terms
for such next week.
http://www.kilkennypeople.ie/news/home/237671/reports-published-in-
kilkenny-highlight-failings-of-south-east-foster-home.html
http://www.hse.ie/eng/services/publications/Children/RoscommonChildCar
eCase.pdf
HSE Opening Statement to the Public Accounts Committee
in relation to the South East Former Foster Home
Chairman, members of the Committee. Good afternoon. I welcome this opportunity to provide
further information and to answer questions in relation to the South East Foster Home matter. As
you are well aware this involves allegations of abuse and neglect of the most egregious
nature. You have asked the HSE to provide clarity on two particular matters of concern which
have emerged over the past week. I am conscious that recent media coverage may have raised
other issues that you may also wish me to address. In addressing the Committee today we will be
mindful of the fact that this matter remains subject to a live investigation by an Garda and we will
be careful not to prejudice or to impede that process.
In order to best provide evidence to the Committee and to answer your questions, I am
accompanied by Pat Healy National Director for Social Care and Aileen Colley, the recently
appointed Chief Officer of the South East Community Health Organisation.
The Committee asked the HSE to specifically address a number of key issues which I will deal
with in turn.
Before I address those issues, I wish to place on the record that I met with both Ministers
Varadkar and Lynch yesterday during which we discussed the recommendation to Government for
the establishment of a Commission of Investigation into this matter.
I welcome such a Commission as it would provide a statutory mechanism in order to conclude this
drawn-out process and allow the 47 service-users, their families and other interested parties to get
answers to the questions that they have been asking for many years now on this deeply concerning
and dreadful case and to achieve some level of closure for all concerned.
Turning now to the issues:
Regarding the Apology
The intention in early December 2015, was for the HSE to provide an update and an official
apology to 47 service users, including Grace, who had contact over the years with the foster
home at the centre of the abuse allegations. Letters, which included official apologies, issued by
registered post to 43 families (3 service users were untraceable by the HSE or An Garda Siochana)
on December 9th and a verbal briefing including an official apology was to be given to "Grace"
and her mother on the next day (December 10th).
While the 43 letters issued as planned, the HSE mishandled issuing the important apology to
Grace and her mother. In considering how to communicate to Grace in the most appropriate way,
the view taken was that this should be undertaken in person, in the first instance, rather than by
letter. With this change in the mode of communication in the case of Grace it is now evident that
the official HSE apology that was intended to be issued to "Grace" and to her mother was not
made at that time.
Unfortunately, the desire to offer a formal HSE apology was lost in the communication to the staff
members who were to conduct the meeting in person with Grace.
Having personally reviewed the situation with those staff involved, I am satisfied that it was the
intention to offer a full and frank apology to Grace.
I wish to confirm that the HSE has since apologised officially to Grace and her mother. This
official apology has been made by the Chief Officer both in person and in writing, with the
assistance of the professionals now caring for her. (Appended)
As the Director General of the HSE, I wrote yesterday to the 44 families, to let them know that I
am unhappy with the way the HSE mishandled the apology and I also apologised to them for the
further distress that this mishandling may have caused them or their family member. (Appended)
Furthermore, it is clear from both of the unpublished reports that there were significant failings in
the care provided by that foster family and significant failures by the former Health Board (and
subsequently the HSE) to make the situation safe.
For this, I offered them and their family member a full, sincere and heartfelt apology.
Clarification on Communication to the PAC
The HSE became aware of concerns being raised in the public domain on 20th January 2016
following a report in a national newspaper.
The HSE sought reassurance at local level that the apology had in fact been given. As a result of
this a report was provided confirming that an apology had been offered. This report formed the
basis of the submission to the PAC by the HSE on the morning of the 21st January, 2016.
However, it is the case that the assurance given to the Chief Officer, which she in-turn passed
upwards, referred to an individual expression of regret of the senior staff members to Grace and
her mother. This expression of regret was then mistakenly taken as confirmation of an official
apology on behalf of the HSE.
I wish to take this opportunity to offer an unreserved apology to the Public Accounts Committee
and its members for submitting a document that contained erroneous information at that time. I
want to assure you that having, met the principals involved I am satisfied that there was no
intention to mislead the Committee.
Regarding the Question of Other Placements After 2009 (when Grace was removed)
It is important at this point to assure the Committee that based on all the information available to
the HSE and having regard to the two investigation reports the best information currently
available is that:
i. No new placement was made by the then South Eastern Health Board after the primary
decision of 1995.
ii. Grace was the only Health Board placed person to remain with the foster family after
1995.
iii. The South Eastern Health Board and now HSE are aware of one other person having
contact by living arrangement with the family after 1995. I confirm that, today, she (Ann)
remains in full-time seven-day residential care with a voluntary provider and takes regular visits
home to her mother.
iv. In April 2015, following a national broadcast the provider as fulltime carer contacted the
HSE having reflected on their involvement in recent years and indicated concerns regarding
historical unexplained bruising.
Two professionals independent of the case were commissioned by the HSE to examine this matter.
The investigation report was provided to the HSE yesterday and I can say that nothing untoward is
evident in the findings. The provider has also provided information to HIQA and Tusla, and the
HSE remains in contact with those organisations.
Within the limited powers it has, the HSE is pursuing references to alleged non residential contact
between Ann and her former foster carers. I can confirm she is in a residential placement and this
is her primary source of protection.
It is the case of this person Ann which I would now like to briefly address.
Summary of Anns Case:
From a summary review of the information based on files reviewed by Resilience I can summarise
the position in respect of Ann. I am conscious that this will be the subject of further detailed
consideration and therefore I emphasise this is a high level overview.
Ann was born in 1980 she is now aged 35 years and has a severe Intellectual Disability since
birth. Her contact with the foster family commenced when she was 12 years old and with whom
she lived on a part-time basis. All of her arrangements were conducted privately by her own
family. During June 2011, having been contacted by the Gardai the HSE team at local level
engaged with the family again to confirm that there was a Garda investigation, to advise them of
concerns and to invite them to make direct contact with an Garda if they wished.
In October, 2011, Ann then 31 years of age, was residing in a five-day week residential placement
with a voluntary provider. A seven day week service was offered with the same provider but her
family confirmed they had no concerns regarding the foster family and wished to continue their
part-time contact with the foster mother and had confirmed this to An Garda Siochana. The seven
day week placement was not taken up at that time.
In early 2012, the local HSE team sought legal advice on the case of Ann which informed them
that they could take no further action in relation to Anns placement at that point.
Throughout the period from 2011 through to 2013 there were various engagements with Anns
family essentially to persuade them to cease contact with the former foster family.
In October 2013 the HSE formally demanded the foster family cease all care activity which was
either current (Anns case) or which they might be minded to engage in towards the future.
Later that month Anns family was formally written to, to request that they would cease the
placement, and it ceased shortly thereafter.
Care Needs of those who had any contact with the foster home in question
I want to confirm to the committee that the Service User, who was removed from the foster home
in mid 2009 is being fully cared for in full time residential care by a voluntary service provider
since mid-2009. The HSE Chief Officer and her team in the South East will continue to work
collaboratively with the Service Provider, the Service User and advocates to ensure the highest
quality of service and support continues to be provided to the Service User involved.
An important aspect of the Resilience Ireland report, commissioned by the HSE, was to 'lookback'
at all service users who had any contact with the foster home in the South East and to have their
care needs reviewed to ensure that the necessary supports and services were in place. In the main,
the service users were either in residential placement or living at home and availing of day
services, as a result of the review increased respite was provided where needed to those living at
home and specially tailored supports in some other cases.
Others mater raised in correspondence by voluntary providers
In relation to equity of funding of providers in the South East, outlined below is the funding
relevant to the provider in question.
FUNDING
2009 WIDA 2010 2011 2012 2013 2014 2015
1.848mRespite and 1.793m 1.761m 1.694m 1.676m 1.659m 1.997m*
residential
0.352mAdult Education 0.460m 0.422m 0.428m 0.421m 0431m 0.476m*
and Training
2.200mTotal 2.253m 2.183m 2.122m 2.097m 2.091m 2.473m
(2% incr) (3% decr) (3% decr) (1% decr)
(no 18%
change) incr)
*This includes additional funding in 2015 for new service re named individuals, sleepover cost,
school leavers and changing needs.
Between 2008 and 2014 the largest five funded organisations in the State providing ID services
received an average reduction in funding of 12%. Since 2009 the disability sector has been
generally protected from any decreases in allocation except for government reductions such as pay
awards, Haddington Road and FEMPI.
In examining the % increases / decreases of the 3 main providers in the area from 2009 to
2014. The voluntary provider involved had a 4.9% reduction in funding while the average
nationally was 12% and in the local area the average reduction 9% for the main providers. The
increases in 2015 reflect the intention to support the provider particularly in the context of the
needs of individuals highlighted in the Resilience review.
Actions taken to address service and management failings
It is important to assure the members, those concerned and the wider public that the HSE did not
wait for the publication of reports to take actions to improve the service and management failings
identified in the child care and disability services and to act on the recommendations of the
reports. A comprehensive action plan is in place to address the combined recommendations of the
reports. A number of the key actions implemented include.
http://www.hse.ie/eng/services/news/media/pressrel/PACopeningstatement
DG.html
Over the weekend certain media suggested that of the 3 person panel referred to by the Director
General in the Public Accounts Committee (PAC), one of those persons is now in a senior role in
TUSLA. This is a misinterpretation of the Director Generals comments. He was referring to 3
persons who were fundamentally involved in the decision to leave Grace in the foster home and
who were specifically charged with the responsibility for the implementation of the necessary
steps required to be taken to create a environment within which she could remain in the foster
home, including making her a Ward of Court. These 3 individuals are retired from the HSE and
are in receipt of a pension.
While RTE's "This Week" reported the matter accurately, certain other media subsequently
asserted that the HSE did not engage with the Garda in relation to the Devine report until 3 years
after its publication . This assertion is incorrect. Throughout the period, from 2011, further live
Garda investigations linked to the former foster home and the Grace case continued throughout
2012, 2013, and 2014 which were the subject of ongoing contact, including correspondence and
provision of additional information and files, to the Garda by HSE staff in the South East. HSE
staff involved were working on the basis of the standard practice whereby reports are not
published in advance of live Garda investigations being finalised. Following publication of the
Dignam report, the HSE and An Garda Siochna have established a liaison group in order to
streamline publication of reports in the future.
http://www.hse.ie/eng/services/news/media/pressrel/HSE-Statement-on-
upcoming-Commission-of-Inquiry-.html
The HSE has today, Tuesday, 28th February, published the Inquiry into Protected Disclosures,
SU1 (Conal Devine & Associates) and the Disability Foster Care Report, HSE South East
(Resilience Ireland)'.
http://www.hse.ie/eng/services/news/media/pressrel/inquiry-protected-
disclosures-su1.pdf
http://www.hse.ie/eng/services/news/media/pressrel/inquiry-protected-
disclosures-su1.pdf
http://www.hse.ie/eng/services/news/media/pressrel/disability-foster-care-
report.pdf
http://www.hse.ie/eng/services/publications/corporate/personsatriskofabus
e.pdf
The Waterford-based social worker who fought for seven years to hold the
health services accountable for not removing an intellectually disabled
women from a foster home at the centre of sexual and physical allegations
will meet the head of the HSE this week.
The whistleblower is set to discuss with HSE director general Tony OBrien
the failings in the case of Grace, a now 37-year-old woman who spent
twenty years at the foster home in the Waterford area. Grace, who was the
subject of the HSE-commissioned Conal Devine Report in 2010, allegedly
suffered horrific sexual, physical, financial and emotional abuse at the home.
The allegations first arose in 1995 and the then South Eastern Health Board
ruled that no more children be placed at the foster home.
However, though a decision was made to remove Grace, this was
countermanded by a three-person health board panel and she remained
there until she was removed in 2009, with little contact with social workers. It
emerged last week that a second young woman, also with severe intellectual
disabilities, was placed privately with the family until 2014. The Waterford
Intellectual Disability Association has confirmed that it contacted the HSE in
2009 seeking assurances that families involved in private arrangements
would be protected.
The social worker was one of three professionals to make protected
disclosures in relation to the case under whistleblower legislation.
Last week, the Government announced a Commission of Inquiry to
investigate the case, with Health Minister Leo Varadkar commenting that
there were conflicting accounts of what happened and the whistleblowers
were not aligned in what they were saying.
The Conal Devine Report is one of two reports commissioned by the HSE
into the case. The second, carried out by Resilience Ireland, review all
placements with the foster family during the period 1983 1993. Neither
report has been published because of ongoing Garda investigations, the HSE
says.
In recent days Michael Noonan, who was health minister at the time,
admitted that the father in the foster family wrote to him in a bid to keep
Grace in 1996.
Minister Noonan said he had no clear memory of the letter but, on
reviewing the records, he did find the correspondence.
I got my officials to contact the South Eastern Health Board and my
understanding of it was that the person would be removed from foster care,
but subsequently, information came through that there was some kind of
appeal, and that that [the removal of the person] didnt happen.
A spokesman for Mr Noonan said he had not sought to direct or influence
the decision of the health board in any way in relation to the case. The foster
father is now deceased.
The Dils Public Accounts Committee, which has reviewed the case
extensively over the last year, has been told that the foster family received
approximately 70,000 in allowances for Grace, with carers allowances
available when the foster allowance on her 18th birthday.
In The Irish Times last weekend, the woman who ran the foster home said the
allegations of abuse at her home were lies.
In an interview with Kitty Holland, the woman said she was told by a social
worker (now deceased) that Grace could remain at the home, despite the
fact, she added, that the South Eastern Health Board could have removed
Grace if they so wished in 1996.
They told me I could keep her, she said If they were trying to move her in
1996, why didnt they move her then? I was trying to keep her. Yes, I loved
her. She was like my own, but they could have moved her if they wanted her.
They said, Do you want to keep her? and I said, Yes. She was like my own.
She was very happy here.
The woman told Kitty Holland: The social worker told me not to let [Grace]
go to anybody, to keep her here. Then I rang the health board asking to know
if they would give me any money to keep her and they said, No, because
when she was 18 she wasnt their concern any more. That was the end of it.
When asked about bruises allegedly sustained by Grace, which were later
examined on request by a social workers, she replied: Ah stop. That was
utter rubbish. How could she have been sexually abused when I was looking
after her?
Brexit is bad for the UK, bad for Europe, and bad for
Ireland' says Flanagan
30/04/2017
Charlie Flanagan has said that Ireland's issues have been
"prioritised" in the EU Council's Brexit guidelines, but has
reiterated that in his opinion Brexit will be bad for all
concerned, writes Claire Anderson.
"Brexit is bad for the UK, bad for Europe, and bad for Ireland,"
said Minister for Foreign Affairs and Trade, Charlie Flanagan.
He stressed the importance of protecting Ireland's interests
during the 'divorce-period' on RT's The Week in Politics this
afternoon.
Deputy Leader of Sinn Fin, TD Mary-Lou McDonald asked:
"How can we protect Ireland from the catastrophe of Theresa
May's hard Brexit?"
Ms McDonald recognised the Taoiseach's efforts, but claimed
that enough was not achieved because we did not achieve a
special status.
Follow
Give all the detail you know about the suspected fraud:
Wasting taxpayers money on a false advertising campaign
Who and what number should we call If we need more
information?
(01) 619 8444
Have you seen our new advertising campaign? Yes/No
No
.
http://www.independent.ie//do-it-for-leos-sake-rat-out-you
Leo varadkar is another minster who joint the tell lies group of fg ff labour, how can they be so down on
ordernery people of this country, all the cutback they done on poor people, Leo forgets the mess he left the
health service, them he has the nerve to ask people to report dole fraud , I can't remember ever a minster to
do this . What about the fraud of the banks , builders that left this country 100 billion more in depth, start at top
of house before you go bottom Leo .
Leo Varadkar wants us to believe that the 1.5% of the Welfare budget lost to fraud hurts us
the most. In actual fact, the billions in Corporate welfare enjoyed by Large Multi Nationals like
Starbucks who pay little or no tax in this state are sucking us dry.
Ordinary working people are paying the cost of keeping the lights on and the state running,
while those who can afford it avoid it. Campaigns around welfare fraud only exist to distract
from the real cheaters in our society while demonising the most vulnerable.
Fine Gael lie? To screw the working class? They'd never do
something like that!
These numbers are a joke and a blatant attempt to gain exposure
ahead of a leadership race rather than a genuine attempt to tackle
fraud, Mr OBroin said
Leo Varadkar T.D. is the embodiment of a right wing ideologue,
Enda Kenny was just out for his own legacy, whereas Varadkar
genuinely hates the working class.
Varadkar, who had everything in his life handed to him on a silver
plate, thinks that if you are in receipt of government assistance,
you are lazy, stupid and not worth the help.
There is a line being drawn in the sand, and the day that we are
confronted with that, you need to know which side you are on;
Sinn Fin and the ordinary people?
or Fine Gael, Denis O'Brien and international capital.
Make no mistake, this isn't an attempt by Varadkar to address
welfare fraud, it is an attempt to demonise people.
http://www.irishexaminer.com//leo-varadkar-overstated-
amou
https://video-frt3-1.xx.fbcdn.net/v/t42.1790-
2/18185864_261200641011163_8554936801880440832_n.mp4?efg=eyJybH
IiOjMwMCwicmxhIjo1MTIsInZlbmNvZGVfdGFnIjoic3ZlX3NkIn0%3D&rl=300&
vabr=94&oh=65626f0c4e40742723162c8e18c56e2e&oe=5906B1B8
The Grand old Duke of Cork
Simon Coveney to defy advice on water charges
Simon Coveney is set to defy the water committees recommendations to
scrap charges and instead attempt to railroad through his own legislation,
which he claims will comply with EU laws.
IRISHEXAMINER.COM
Simon Coveney is set to defy the water committees
recommendations to scrap charges and instead attempt to railroad
through his own legislation, which he claims will comply with EU
laws.
Do not get complacent.
Fine Gael are determined to keep water charges in place. So we
need a massive demonstration of people power on Saturday!
We've come too close to let this slide and let Fine Gael away with
undermining our democratic demand to scrap water charges and
the metering system!
See you all in two days!
The Housing Minister said last night that he was disappointed with
Fianna Fil changing position on an Oireachtas committee on water
assessing the funding of services.
Tense meetings of the committee yesterday resulted in
recommendations that no new homes are metered and the removal
of excessive water use from sections of its report.
Right2Water TDs claimed this was a victory for communities who
had protested against charges.
But relations between Fine Gael and Fianna Fil are now at a new
low after a war of words broke out over terms and recommendations
for the report.
The row is now threatening to destabilise the Fine Gael government
support pact with Fianna Fil, a path which could trigger a fresh
general election.
The committee will hold a final vote on the report today. But under
the confidence and supply agreement with Fianna Fil, Fine Gael are
obliged to implement the committees recommendations even if
they disagree with them.
Mr Coveney denied the pact obliged a minister to implement
legislation, especially if it was against EU laws. I wont introduce
anything that is not legally sound because it could result in Ireland
getting tens of millions of euros in fines.
He pointed out that the agreement required the Government to
facilitate legislation on water.
Party TD Colm Brophy said Fianna Fil had done a monumental flip
flop since a deal was agreed between both sides last week.
No new homes would now be metered, the issue of excess use had
been removed in places, and 8% of users would not now face
penalties for wasting water, said the committee member.
Fianna Fils Barry Cowen and other members though said the
government party had been preparing to reintroduce water charges
by the back door.
Earlier, Mr Cowen and Mr Coveney engaged in a Twitter spat, with
both sides accusing each other of changing their positions over the
last week.
But committee members opposed to water charges also noted last
night that the group had received independent advice that the
changes were in fact legal.
Mr Cowen said that the electorate did not want an election over
this issue but that it was now up to Mr Coveney to implement the
recommendations after the report goes before the Dil.
Sinn Fin TD Eoin Broin and Solidarity TD Paul Murphy claimed
victory after the meeting, noting there would be no excessive
charge, no new domestic meters, and that there would be a
referendum now to put water services in public ownership.
But Mr Coveney is adamant that any changes put before the Dil or
legislated for on water must be legal. He told the Irish Examiner:
The agreement [last week on water] was fundamentally undermined
by Fianna Fil. This isnt water charges by the front door or by the
back door. The legal advice is that Ireland has no derogation
[exemption from charges].
He said recommendations by the committee, if legislated for in their
current form, would be struck down by the Supreme Court.
The ministerdenied the outcome of the committees
recommendations was a failure for Fine Gael. No, I dont think so,
he said.
But it would be difficult to correct or change the committees
recommendations today, he added.
Instead, he said he would send the recommendations to the attorney
general and would likely have to tweak them. I support putting
legislation together reflecting as much as possible of the report, but
also taking the attorney generals advice on elements of the
legislation that comply with the water framework directive,
otherwise we will be exposed to huge fines.
I know who are the polluters in Ireland, the Guiness and Whiskey Companies,
farmers, and Multinationals Using and Polluting our Waters Charge all of
these Extra Huge Charges,
So the Spanish government secures a veto with Gibraltar, and what does the southern
government get for the north?
Absolutely nothing.
Enda Kenny has to be hands down the weakest leader this island has ever seen. He does
nothing for our people, meanwhile he begs and pleads at the feet of the multi-national
corporations.
Brexit is going to be a disaster for Ireland, but this government has done absolutely nothing to secure
Irish interests, they don't care; because at the end of the day it will be the working class who suffers the
most.
We need someone in leadership who is going to fight tooth and nail for equality and justice. If only
Enda Kenny fought as hard for us as he fights for multi-national corporations like Apple to avoid
paying tax.
http://www.cnbc.com//eu-offers-spain-veto-right-over-gibra
Photo by Lois Kapila
Video
Images
Play Video
Some 200 people gathered outside the Department of Health in protest at the Governments plans to
give ownership of the new National Maternity Hospital to the Sisters of Charity.
A new national maternity hospital is badly needed to serve the interests of the
women and infants of Ireland. There is no argument about this.
Despite clinical outcomes that compare with the best in the world, there are
obvious infrastructural deficiencies in the existing building, on Holles Street in
Dublin.
The design of the hospital planned for the Elm Park campus, next to St Vincents
University Hospital, is superb.
Huge credit is due to those who have invested so much time and effort in the
project. It is to be hoped that planning permission will soon be granted.
The cost is expected to be at least 300 million, although inflation may cause that
figure to rise.
Funding is to be provided by the State, together with the proceeds of the disposal
of the Holles Street site.
Breakdown in negotiations
Following a breakdown in negotiations between the National Maternity
Hospital and St Vincents Healthcare Group last year, a mediation process
directed by Kieran Mulvey was put in place by Minister for Health Simon Harris.
Last November agreement was reached between the Sisters of Charity, the sole
shareholders of St Vincents Healthcare Group, and the board of the National
Maternity Hospital.
The decision of the hospital board was not unanimous, but there was a significant
majority.
I did not support the proposed arrangement and, indeed, expressed my
reservations to my fellow board members over an extended period of time.
The shareholders of the National Maternity Hospital are the 100 governors, who
own the hospital in trust and who will need to agree the proposed arrangement. I
am one of those governors. To date the agreement has not been put to us for
decision.
St Vincents should declare its independence, experts say
Hospitals position on procedures must be clarified, says professor
Sinn Fin to call for National Maternity Hospitals independence
http://www.irishtimes.com/opinion/peter-boylan-new-
maternity-hospital-should-not-be-given-to-sisters-of-
charity-1.3055744
Remember that time Shane Ross TD tried to have Sinn Fin Ireland banned?
Gowl.
The former bank exec also claims Ireland has not learned
from its mistakes and our banking sector is now much
worse than it was before.
He said: In Irish law it says that if there is a failure, not
only are the executives to be held responsible but also the
regulator.
How many people in the regulators office have been held
accountable for the absolute collapse of Irish banks? How
many? None! This is fact. This is five years in prison.
If I was taken seriously nine years ago of course Ireland
would be in a better position today. We wouldnt have had
to cough up all of these billions to bail out other peoples
banks. We are far from getting it right now. Far from it.
Given the emails Ive seen in the last few days it has all
gotten much worse.
Irish MEP Ming Flanagan has backed Sugarmans claims
Irish MEP Luke Ming Flanagan, who took Jonathan
Sugarman to the European Parliament early this year, told
the Irish Sun nothing has changed since the banking
collapse and Ireland is in major trouble in the future.
He said: What has changed since the crisis is that we are
now at an additional 70bn plus in debt, thanks to the
decision to bail out the banks.
As for being on the right track we are on the same
track, just a hell of a lot further down the line. All our banks
are still in major trouble. In Europe, well, just wait til the
chickens come home to roost in Deutsche Bank and
Unicredit, to name but two of the big fish.
Add Coveney Noonan and Varadkar. And not forgetting Ak47 . Then you will have a full deck of vile enemies
of our Country.
The Declaration of Rights February 1688/9 Day Tuesday 12 ... Treason Act 1351;
The Declarationof Rights ... France and Ireland
And whereas the said late King James the Second having abdicated
the government and the throne being thereby vacant, his Highness
the prince of Orange (whom it hath pleased Almighty God to make
the glorious instrument of delivering this kingdom from popery and
arbitrary power) did (by the advice of the Lords Spiritual and
Temporal and divers principal persons of the Commons) cause
letters to be written to the Lords Spiritual and Temporal being
Protestants, and other letters to the several counties, cities,
universities, boroughs and cinque ports, for the choosing of such
persons to represent them as were of right to be sent to Parliament,
to meet and sit at Westminster upon the two and twentieth day of
January in this year one thousand six hundred eighty and eight [old
style date], in order to such an establishment as that their religion,
laws and liberties might not again be in danger of being subverted,
upon which letters elections having been accordingly made;
And they do claim, demand and insist upon all and singular
the premises as their undoubted rights and liberties, and
that no declarations, judgments, doings or proceedings to
the prejudice of the people in any of the said premises ought
in any wise to be drawn hereafter into consequence or
example; to which demand of their rights they are
particularly encouraged by the declaration of his Highness
the prince of Orange as being the only means for obtaining a
full redress and remedy therein.
"I, A.B., do sincerely promise and swear that I will be faithful and
bear true allegiance to their Majesties King William and Queen
Mary. So help me God."
Understanding The Northern Ireland Conflict: A Summary And Overview Of The Conflict And
... Romes authority and the declaration of Henry as Supreme Head of the Church
http://www.communitydialogue.org/PDFs/UnderstandNI-HistJune05.pdf
Germany, Greece, Ireland, Italy, Luxemburg, ... CE marking is the declaration by the manufacturer ...
Declaration of Conformity, European Free Trade Association (EFTA).2 In 1994, the EU and the
EFTA (with the exception of Switzerland) joined to become the European Economic Area (EEA)
http://ita.doc.gov/td/health/CEMarking.pdf
Republican Policy
Platform
The Principles Of
Applied Republicanism
The Irishman frees himself from slavery when he
realizes the truth that the capitalist system is the most
foreign thing in Ireland. The Irish question is a social
question. The whole age-long fight of the Irish people
against their oppressors resolves itself in the last
analysis into a fight for the mastery of the means of
life, the sources of production, in Ireland. Who would
own and control the land? The people, or the invaders;
and if the invaders, which set of them - the most recent
swarm of land thieves, or the sons of the thieves of a
former generation? James Connolly
Applied Republicanism
Recognising that each generation of Irish republicans
have strategic autonomy and onerous duty to pursue our
perennial right to national self-determination. It is the right
which is necessarily carried forward and not any given
strategy or stance taken in its pursuit.
Republican policies must be synonymous with their
pursuit. All policies must be developed in tandem with a
viable strategy to implement them.
All matters for policy must be defined in terms of how
they function and all policies must be applied strategically
to impact on that composite process.
Success must be consolidated and translated into
policy. Failure must be recognised and democratically
discarded. Political Strategies & State
Institutions The right of the Irish people to national
self-determination is inalienable and indefeasible. This
right is perennial. Every generation of Irish people have
the inalienable right to pursue this right relevant to their
own circumstance and ingenuity. The parameters of
policies and strategies to pursue this right cannot be
determined by those who would deny this right or a
previous generations failed efforts to secure this
right. The False Dichotomy Entering partitionist
institutions has failed to secure republican objectives.
Abstaining from entering partitionist institutions has
equally failed to secure republican objectives. Blaming
each position for these respective failures has also failed to
secure republican objectives. Republicanism cannot allow
itself to be forced into a false dichotomy of having to
choose between two failed options. There can be no
loyalty owed to failure. Provenance & Function Leinster
House and Stormont do not currently exist because they
were created in 1922, they continue to exist because they
have managed to function since then irrespective of their
illegality or whether republicans participated in them or
not. Political and symbolic acts against their right to exist,
either within or outside of the institutions, are neither
effective nor revolutionary if they cannot inhibit nor
impact on these abilities to function. The arguments as to
the illegitimacy of the provenance of partitionist
institutions are now academic and provide no relevant
basis for contemporary republican activity as it is their
continuing ability to function which inhibits Irish unity.
Recognising that the institutions continue to function takes
precedence over non-recognition of their legal provenance
when formulating republican policies and strategies.
2
Republican Charter
The Republican Movement is a revolutionary separatist
movement whose primary aim is the restoration of Irish
national sovereignty and to facilitate the exercise of
national self-determination by the people of Ireland.
It is the core position of the Republican Movement that
a 32 County Irish Republic, based on republican and
socialist principles, affords the Irish people maximum
freedom, equality and justice.
The right of the Irish people to national self
determination is not in itself conditional on the Irish
people determining a particular political or ideological
point of view. The Irish people have a right to choose how
their self determination and sovereignty should be
democratically expressed, without external impediment,
coercion or force.
It is the foremost responsibility of the Republican
Movement to foster unity and comradeship within the
Republican Movement and with other progressive and
revolutionary organisations to advance republican
objectives.
It is the foremost duty of each individual republican to
conduct themselves in accordance with republican
principles and to act at all times in a spirit of comradeship
towards their fellow republicans and show due respect for
the citizenry of Ireland.
All claims to represent and/or act on behalf of Irish
republicanism must be evaluated relative to the quality of
activity in its pursuit.
All local and community republican activity, in
accordance with the primary aim of the Republican
Movement, must have a corresponding national
dimension.
All Republican activity must be, constitutionally, under
civilian and democratic direction. Republicanism can only
advance in a democratic movement.
Republican policies, in the absence of clearly defined
objective strategies to implement them, are nothing more
than opinions. Opinions are not policies.
All discussions, positions and policies promoting
republicanism must be grounded in republicanism itself
and not in the individual or group.
All debates assessing, promoting and advancing
republicanism must be governed by the following rule:
The better argument prevails!
Republican prisoners are national prisoners. The
welfare of republican prisoners and their dependents
cannot be politicised.
Loyalty to leadership, individual or group cannot
surpass loyalty to the republican objective as
democratically defined by the Republican Movement.
3
|||
A Relevant Voice
We therefore declare that, unable longer to endure the
curse of Monarchical Government, we aim at founding
a Republic based on universal suffrage, which shall
secure to all the intrinsic value of their labour.
The soil of Ireland, at present in the possession of an
oligarchy, belongs to us, the Irish people, and to us it
must be restored.
We declare, also, in favour of absolute liberty of
conscience, and complete separation of Church and
State. Fenian Proclamation 1867
5
Republican Policy
Platform
An Tionscadal Forgra The
Proclamation Project
Are we amateurs and not professionals? We know the
lessons of history, we know the mistakes and we either
act accordingly or collapse. Salvation lies in clarity and
the courage to implement change Thomas Ta Power
Defined objectives
Defined policies Unity of Purpose Republicans
working together is as important as the fruits of that work.
The fractured nature of the republican base is testament to
the fact that dialogue amongst republicans is practically
non-existent. It has reached a crisis point wherein the
deliberate avoidance of dialogue is the first priority and
this is justified primarily on personal slander and parochial
ego. In normal political discourse there is merit in
considered disagreement yet even this is absent in the
republican case. It is failure manifested. It is beyond
pointless to pursue to any extent a political objective
which is predicated on failure. And it is equally pointless
to place false preconditions on addressing and ending such
a state of affairs. There is no issue of ideology, episode of
history or point of politics which is served by not ending
failure. Blame is not a solution. This is the first nettle
which needs to grasped; republicans and socialists need to
sit down together in a mature and pragmatic manner, in the
first instance, to demonstrate to the people in whose name
we claim to act that we can indeed do so. How can we talk
credibly of unity in any sense yet fail to practice it
ourselves? It is a wholly unsustainable position.
11
Defined Objectives
12
the Centenaries in such a fashion allows republicans two critical
components; a defined timeframe with an end point to aim for
and a political end point in which the culmination of policy
formation can directly address. In effect republicans will
celebrate these Centenaries not with quaint pageantry but with
separatist politics structured around agreed policies.
EVENT
1918 General Election Founding of the First Dil Declaration of
Independence Democratic Programme War of Independence
1921 Treaty
POLICY
Democracy & The Citizen Parliament & The Citizen
Sovereignty & The Citizen Society & The Citizen War & The
Citizen Negotiations & The British
Within these headings will be issues that will directly affect
individual citizens, communities and the country at large and
which in turn republicans will have to formulate policies and
strategies to implement them.
Sovereignty of the Individual
Sovereignty of Community
National Sovereignty
Unionism
Right to a Home
Right to our Natural Resources
Debt, Poverty & Society
The Drug Abuse Question
GETTY / YOUTUBE
Anthony Coughlan said the Republic of Ireland must follow the UK out of
the EU for its own good
Anthony Coughlan said the Republic of Ireland must replicate
its closest neighbours withdrawal in order to avoid economic
turmoil.
The Trinity College Dublin professor said Ireland primarily
joined the bloc in the first place because Britain did - and now it
must once again follow closely as the UK negotiates its exit.
GETTY
Irish Taoiseach Enda Kenny has warned of challenges ahead due to Brexit
Irish public opinion is in advance of elite opinion on this. An
opinion poll last October showed that almost four in ten Irish
people would choose open borders and free trade with the UK
over the EU.
This was before there was any realistion of the hugely adverse
effects on the Republic if it is so foolish as to seek to remain in t
EU when Britain and Northern Ireland leave it.
He said the Republic remaining in the EU while Northern Ireland
left with the rest of the UK would turn the invisible border into an
EU land frontier due to Brexit.
Prof Coughlan also said the economic benefits of remaining in the
EU had long since passed for Ireland, who are now net
contributors.
He said: Since 2014, the Republic has become a net contributor
to the EU Budget. This is a big change from the previous 40 years,
during which it was a major recipient of EU money, mainly through
the EUs Common Agricultural Policy.
GETTY
Anthony Coughlan said calls for Irexit are starting to be heard in Ireland
In future, money from Brussels will be Irish taxpayers money
recycled, as is already the case with the UK. This removes what
up to now has been the principal basis of Irish Europhilia, official
and unofficial namely, easy EU cash, not any ideological
enthusiasm for Eurofederalism or 'the EU project'.
Michael Fitzmaurice TD On Brexit Debate Dail Eireann 16/2/2017
https://www.youtube.com/watch?v=YxqAqV8qlRA
Prof Coughlan said: Economically and psychologically, Ireland is closer to Boston than
Berlin, and to Britain than Germany.
Debate: Corporate taxation package (Common Consolidated Corporate Tax Base - CCCTB)
Commission statement
[2016/2953(RSP)]
https://www.youtube.com/watch?v=FQDYGrvf3L8
IRISH FOR BREXIT 1
Jun 1, 2016
https://www.youtube.com/watch?v=AhrUSdNxHic
Sinn Fein are Traitors Selling The Irish and the North to
EU, Ireland does Not want EU we want Out Erexit now
Adams: 'I never argued for Ireland to leave the EU
after UK vote'
Irish Independent
Sinn Fin leader Gerry Adams has denied that he privately told party members in
Northern Ireland he would advocate that the Republic should leave the EU if the Brexit
vote was passed.
The director of the National Platform for EU Research and Information, a private lobby
group, made the claim in a letter sent to Mr Adams and all of the party's TDs.
Anthony Coughlan, a retired associate professor of social policy at Trinity College Dublin,
said he was handing out pro-Brexit leaflets in Belfast when he was told by a Sinn Fin
activist that the party president had been making such comments.
Mr Coughlan claimed that the TD for Louth "had been saying privately to Sinn Fin
people that if the UK voted to leave the EU, you would advocate that the Irish State
should do the same".
Mr Coughlan went on to write that he would support Mr Adams's approach because "such
a course is the only way in which you can save what is left of the Republican project, for
which so many people made so many sacrifices over decades, and keep Sinn Fin relevant
as a political alternative to the Dil parties mentioned above".
He noted that he had written Mr Adams "many letters, ever since you first wrote to me
from Long Kesh internment camp away back in 1973 looking for information on what was
then known as the 'Common Market'".
Distraction
"I am sending you this one in the hope of persuading you that this is the principled
Republican and democratic course to take, and that Sinn Fin's talk of a border poll,
which has no hope of happening, and no hope of giving a desirable result even if it did
happen, is but a distraction from the real issues now facing the country," Mr Coughlan
said.
However, Mr Adams said that this was not his position - and that he made no such
statements in advance of the UK referendum.
"I know Anthony for a very, very long time. I admire his spirit. I agree with him on many,
many positions," he said.
"I share his criticism of the European Union - but for us it was a straightforward position
of trying to ensure that one part of the island wasn't in the European Union and the other
part outside the European Union," he added.
"I've written back to Anthony [to] point out the position he asserts. He says somebody
told him this. That certainly isn't my position," Mr Adams said.
In the letter, which has also been circulated to MLAs and councillors, Mr Coughlan
criticises the party's official stance in relation to Brexit.
He claims that Sinn Fin was throwing away an opportunity to establish links with
Northern Unionists and that the party had instead aligned itself "with the central policy
drive of the British government and with the Goldman Sachses, David Camerons, Peter
Sutherlands, Enda Kennys".
"Above all it will be necessary to say that by the South remaining in the EU while the
North leaves it along with the rest of the UK, the southern Dil parties that support
continued EU membership will be adding major new dimensions to partition,
aggravating the continuing division of the country and conniving at the further handover
of what is left of Irish national independence and democracy to Brussels," Mr Coughlan's
letter adds.
http://www.publiclawproject.org.uk/data/resources/2
20/WHY-HENRY-VIII-CLAUSES-SHOULD-BE-
CONSIGNED-TO-THE-DUSTBIN-OF-HISTORY.pdf
Ceding Power to the Executive; the Resurrection of
Henry VIII The Rt. Hon Lord Judge 12 April 2016,
Kings College London
https://www.kcl.ac.uk/law/newsevents/newsrecords/
2015-16/Ceding-Power-to-the-Executive---Lord-
Judge---130416.pdf
https://www.smcworld.com/international/pdf/fgas/D
KU06258-C-003%20Official%20F-
Gas%20DoC%20SMC%20EU_Ireland.pdf