Abusing the English language

Here’s how Senator Shane Ross reacted to Jim Flavin’s resignation (Morning Ireland, 2nd report)

“It’s a really sad end to a career…that started in 1976…and despite the fact that he’s now coming to a really tragic and final chapter in that he’s resigned it’s only fair to say that he’s been an extraordinary successful businessman.”

For ripping off the stock market of over €83 million Flavin has been forced to resign two years earlier than planned. That’s it; that’s the only price Flavin has or will have to pay and Ross describes that as tragic.

One wonders what word the good senator would use to describe the earthquake in China.

Copy to:
Senator Ross

Simple homemaker meets Scarlet Pimpernel

Ahhhh, Isn’t it lovely to see that Michael Lynn and the wife are still seeing each other. Still in contact, still able to meet in secret despite all those pesky police allegedly searching high and low for the bold Michael (Nine News, 9th report).

I was in tears as I heard Brid Murphy’s explanation that she’s just a simple housewife.

“My role is to make a home; when Michael asks me to sign a document I do so without reading it because I trust Michael.”

Brid should be careful here, she could have the entire Yes side in the referendum campaign banging on her door pleading with her to explain to the Irish people how easy it is to sign a document purely on the basis of trust.

Anyway, Brid tells us that the whole thing is very difficult and she’s still trying to figure it all out. Well, she’s in good company there. Legal and law enforcement agencies here are also having a difficult time trying to figure it all out.

Their job could be made a great deal easier if Brid could only tell them where her scarlet pimpernel husband is presently hiding out. He headed off to Portugal she said but didn’t give specific details.

I wonder has it occurred to enforcement agencies to ask her for a contact number so that when the next tryst is being arranged they could tag along.

Flavin resigns

“Mr Flavin informed the Board today that, due to the continuing uncertainty arising from the outcome of the litigation with Fyffes, it was in the interests of the Company and its shareholders for him to resign as Executive Chairman and a director of DCC.”

Mr Flavin told the Board: “While I am resigning, I firmly hold the view that I have always acted honourably and in what I believe to be the best interests of the Company and all its shareholders”.

The Board has appointed Mr Michael Buckley as non-executive Chairman also with immediate effect.”

It took a while, didn’t it? Except Flavin always did not always act “honourably and in the best interests of the Company and all its shareholders”. He committed a fraud on the market, and and those shareholders.

Of course resignation is the very minimum punishment. If we applied international standards, Flavin would be doing hard time.

If in doubt – Trust Brian

There was an interesting debate on the Lisbon Treaty referendum recently between Minister for Finance, Brian Lenihan and veteran UK Labour politician Tony Benn (Today with Pat Kenny, 19th May).

In a concise, articulate and intelligent manner Benn made very good arguments for voting no. His biggest worry is that the EU is evolving into a federal state that will be controlled by bureaucrats. That scenario will lead to disaster according to Benn and will inevitably result in the breakup of the union and a return to violent nationalism.

Benn won the debate hands down. Lenihan could only make the pathetic, and totally untrue, claim that Irish people were real Europeans while UK citizens were anti Europe.

At all times during the debate Lenihan was respectful and reasonable during the debate. He was a completely different animal when he participated in a debate with Patricia McKenna on last week’s Saturday View.

The debate started off with Lenihan making his case without intervention from McKenna. Rodney Rice, the presenter, read out a number of calls from listeners who were very strong No voters and asked Lenihan to respond.

“It’s very, very disturbing for this country. I actually have read the treaty but of course I’m a lawyer and you wouldn’t expect people to be able to read the treaty, it’s not fair for them.”

This arrogant and patronizing statement is in itself enough reason for any self respecting citizen to vote no.

Lenihan goes on;

“We’re going to send out a very negative signal about ourselves as a people. We’re going to fold our tent and say no. Retreat into isolationism and in my view damage ourselves as a country. That’s the choice facing the people and this glib argument that ‘I don’t quite understand what’s at stake so I better vote no is a very dangerous argument’… We’re all equal in this referendum; we’re all in that driving seat. It’s not good enough to say you can’t see the road and therefore you’re going to get off it.”

Retreat into isolation and damage ourselves as a country? Is this an honest assessment of the consequences of a No vote? Lenihan’s other point is simple – voter ignorance of the issues involved should not act as a bar against a Yes vote.

Patricia McKenna got only one sentence out in reply before she was angrily and intolerantly attacked by Lenihan.

So what did McKenna say that so upset Lenihan? Did she perhaps suggest that a Yes vote would see the return of Hitler? Did she suggest that a Yes vote would see the end of European civilisation? No, she merely stated that Brian Lenihan was trying to sell the treaty to the Irish people. Here’s Lenihan’s outburst.

“Sorry, I’m not trying to sell anything. I object to that, I’m trying to explain something of fundamental importance for this country and you start off by saying I’m trying to sell something. You’re entitled to your point of view absolutely but I don’t think it should be put down I’m trying to sell something. That’s not what I’m trying to do. I’m actually trying to explain to the people the issues at stake.”

So let’s be clear about this. Brian Lenihan is not trying to sell the treaty; he’s a humble lawyer/politician who cares about his people, he’s a man who has been gifted with the intelligence to understand very complicated issues and is eager that this great intelligence should be used to relive the great mass of peasantry from having to grapple with such technical issues.

Effectively, Lenihan, a member of the most corrupt and dishonest political party in the country is asking the people to trust him.

An appalling vista beyond contemplation

On the 27th July 2007 the Supreme Court found that Jim Flavin, chief executive of DCC, had committed the crime of insider trading. Apart from a pathetic and doomed to failure attempt by the ODCE to have Flavin disqualified as a director no other state agency or authority has acted against Flavin.

Even though insider trading is a very serious crime Flavin’s activities pale into insignificance when compared to the scandal of the State’s absolute refusal to act against Flavin and DCC. It is inconceivable in a functional democracy that such a blatant case of insider trading would remain unpunished.

The case is very important because it proves conclusively what this blog has always maintained – that Ireland is an intrinsically corrupt state. Broadly speaking, a corrupt state can be defined as one that fails to act when corruption is uncovered, where the state actively protects the corrupt. We have witnessed countless examples of such inaction and collusion over the past number of decades in this country.

The Flavin case is also important because it is so clear cut, there can be no fudging on this scandal. The Supreme Court decision was unanimous and unequivocal.

“Trading on secret or privileged information is now recognised for what it is – a fraud on the market.”

(Justice Niall Fennally).

In a non corrupt state such a decision by the highest court in the land would trigger an immediate and effective train of events that would see Flavin and other board members of DCC explaining their actions in a court of law. By failing to act the State is effectively protecting Flavin and the board of DCC from being brought to justice.

It is now ten months since the Supreme Court decision and nothing has happened. The entire regulatory/ law enforcement mechanism of the State is reacting like rabbits caught in the glare of a bright light.

Disturbingly, the body politic has had absolutely nothing to say about the scandal. For over a month I have been trying to have the matter raised in the Dail. The Green party fobbed me off by saying a question has already been asked and so there’s nothing more that can be done. Similarly, Fine Gael TD, David Stanton, has been unable, for one reason or another to have the matter raised.

The scandal has been widely discussed in the media; even RTE has begun to take proper notice. Unfortunately, all analysis and comment has focused on the narrow question of whether Flavin should resign or not.

There seems to be an unwritten but widespread assumption that if only Flavin could be persuaded to go everybody could go back to pretending that Ireland is a normal functional democracy.

Apparently, the suggestion that Flavin might be hauled before the courts is an appalling vista beyond contemplation.

Copy to:
DCC
The Director of Public Prosecutions
The Financial Regulator
The Stock Exchange
The Revenue Commissioners
Institute of Chartered Accountants (The fraudster is a member of this organisaton)
Irish Association of Investment Managers (IAIM) (Which, allegedly, oversees corporate governance in listed companies)
All political parties

Q & A: Still campaigning for a Yes vote

For the third week in a row the panel of Questions & Answers featured two pro Lisbon Treaty organisations – Green Party and Labour. And for the third week in a row there were no representatives from the anti treaty side.

While there was no direct question on the referendum it was inevitable that the issue would arise, as it did, on the question concerning the Mandelson WTO negotiations.

To date all the major pro treaty political parties, Fianna Fail, Fine Gael, Labour and the Green Party, have enjoyed the huge advantage of having their spokespersons argue their case as high profile members of the panel while those campaigning against the treaty have had to make their case as members of a general and largely anonymous audience.

There is no programme next week but the following week’s programme will be totally dedicated to the referendum. Assuming that the anti treaty side will be represented on the panel it will be the first and only occasion they will have been afforded such an opportunity before voting day.

Copy to:
Q & A

Yes campaign jitters

There’s a certain degree of desperation creeping into the Yes referendum camp.

Fine Gael MEP Gay Mitchell said that if we vote No we will have to pay for our own defence here at home. The suggestion being that by voting Yes we can freeload on EU taxpayers for our defence.

We’re also being reminded by various Yes campaigners of the great benefits brought to us by EU membership; equal pay, workers rights; protection of the environment and so on.

These politicians seem to be genuinely unaware that this argument is an admission of their own incompetence.

Banana republic business ethics

Letter in today’s Irish Times.

Madam,

On July 27th last year the Supreme Court found that DCC executive chairman Mr. Jim Flavin had traded illegally on the stock market. Mr. Justice Niall Fennally said: “Trading on secret or privileged information is now recognised for what it is – a fraud on the market.” Profits of €85 million were made on the trading.

Since that judgment the Office of Corporate Enforcement has tried but failed to have Mr. Flavin disqualified as a director. Such a disqualification represents the minimum sanction available for such activities.

In your edition of May 20th Mr. Flavin is quoted as saying confidently that he intends to stay on until his planned retirement in mid- 2010. His decision has the full support of the board of DCC.

Also on July 27th, 2007, an American federal judge sentenced former Qwest Communications chief executive Joe Nacchio to six years in prison for insider trading. In addition, Mr. Nacchio was fined $19 million and had to forfeit $52 million in stock profits.

When the allegations against Mr. Nacchio first came to light he was treated like any other American citizen in the circumstances. The state investigated, he was tried before a jury of his peers and, when found guilty, was given appropriate punishment.

This has not happened in the Flavin/DCC case. Apart from the Office of Corporate Enforcement, no other state or law enforcement agency has acted against Mr. Flavin in response to the Supreme Court decision.

For so long as this situation prevails Ireland can rightly be seen as a country with standards of business law and ethics on a level with those of a banana republic.

Yours, etc,

ANTHONY SHERIDAN

King Cowen threatens first edict

There was almost universal approval when King Bertie announced that Prince Brian was to be his successor. Naturally, the Royal Court Media was delighted as were the great mass of peasantry. Even the general media, who, from time to time were wont to make some small criticism of the ruling power, were gushing in their praise.

It was accepted without question throughout the land that Prince Brian was the most intelligent entity in the universe, that if Socrates or Einstein were alive they would be beating a path to his castle in Clara to listen in awe to his words of wisdom.

It was also universally accepted that Prince Brian was the bravest knight in the realm, that he rode the swiftest steed; that he possessed the sharpest sword. He was the hero who, with just one bellow of his mighty voice, would slay the dragons of the opposition cowering in their dark caves.

Alas, the court wizards neglected to advise the great prince that he must not believe all that was said lest he be forced to actually perform to such lofty standards.

Even the great Roman emperors of yore, as they paraded through Rome in Triumph, had a slave at their shoulder constantly whispering in their ear – Remember thou are mortal, remember thou are mortal…

And so it has come to pass that on his first tryst with the chief dragon of the opposition King Cowen failed to land a blow. In truth, it must be proclaimed that the dragon had the best of it.

And today we hear that an entire clan of dragons conspired to prevent the great King Cowen deliver his words of wisdom to the great mass of peasantry, and that this dastardly act was perpetuated within the confines of the royal court itself. – Dail Eireann.

But fear not fellow peasants for the Great King has promised, nay, threatened that such behaviour will not be tolerated. He has put the unruly dragons on notice that if his royal person is not afforded due respect then he will impose an edict of silence over all the land.

The Royal Court Media has nodded its approval (2nd report).