Law enforcement? Well, it depends

While it’s difficult to generate any great sympathy for the O’Donnell’s it is interesting to note that a group of solicitors and auctioneers can demand immediate access to a private house with the power to threaten the occupiers with imprisonment if they don’t cooperate?

On the other hand the full force of the State’s law enforcement agencies, despite decades of investigations and revelations, are unable to touch politicians, bankers and many others found to be corrupt by various tribunals.

Standards in Public Office Commission rejects complaint against Minister Quinn

Predictably, the Standards in Public Office Commission (SIPO), has rejected my complaint regarding mileage claims made by Minister for Education Ruairi Quinn, as reported in the Irish Mail on Sunday.

When I submitted the complaint to SIPO I had no expectation whatsoever that the Commission would rule against the Minister.

Over the years I have submitted many similar complaints to a whole range of government agencies for a whole variety of alleged wrongdoing.

Not one of them has ever resulted in sanctions or any other action against those involved.

My principal motive for submitting such complaints is to expose the fact that Ireland is a politically and administratively dysfunctional democracy.

The system is designed, whether intentionally or not, to protect politicians and others on the rare occasions when they are investigated for alleged abuses of public funds and resources

The manner in which Minister Quinn’s case was dealt with makes the point.

The Standards in Public Office Commission considered the case under the following headings.

The content of letters and enclosures submitted by Minister Quinn and his Secretary General

And

Under the provisions of section 4 (1) (a) of the Standards in Public Office Act 2001. Specifically, whether the Minister’s actions as complained of constituted a ‘specified act’ or acts.

The Commission decided that there was no basis on which to pursue the matter.

So where is the accountability here?

I requested access to the letters and enclosures submitted by Minister Quinn and his Secretary General under which the Commission made its decision.

My request was refused.

So here we have an ‘independent’ watchdog tasked with ensuring that politicians are made accountable basing its conclusions on secret evidence provided by the politician under investigation.

This does not happen in functional democracies.

Under the second heading the Commission seems to have concluded that Minister Quinn had committed no act that was inconsistent with the proper performance of his office.

I say ‘seems’ because the Commission provides no further explanation as to how this verdict was reached.

But the Commission was under no pressure to explain in any case because the legislation allows massive scope for the dismissal of practically any offence committed by officials or politicians.

For example:

An abuse of office allegation can be dismissed as of no significant public importance if the sum of money involved is less than £IR10, 000 (€12,700).

Under legislation the Commission can also dismiss a case if it forms the opinion that the matter under investigation was a result of incompetence or inefficiency.

This type of loophole legislation does not appear out of thin air.

It is very carefully drafted by professional civil servants working with the best legal advice and the full approval of the body politic.

Such loose, weak legislation is only one aspect of an all-embracing culture of secrecy, obfuscation, denial and non-cooperation that has created an environment where political and business corruption thrives.

Judge Alan Mahon’s verdict was as accurate as it was damning.

Corruption was deep-rooted, rampant and permeated every level of Irish politics.

Only a fool would claim that this deep-rooted, rampant corruption has, somehow, magically disappeared from the body politic.

Another consequence of political corruption is the almost impossible expectation that those with power will act to root out the disease.

A corrupt political system is unlikely to take any meaningful action to root out the disease of corruption because to do so could seriously damage the interests of those who depend on the corrupt system to maintain their power and influence.

This failure to act against corruption can lead to bizarre situations such as the incredible events surrounding Michael Lowry following the publication of the Mahon Tribunal Report last month.

Government ministers found themselves under intense pressure to explain why they had dealings with Lowry, a legitimately elected politician.

In a functional democracy this situation could not arise because the wayward politician would have been dealt with immediately by independent, well-resourced law enforcement agencies backed up by strong and effective legislation.

In addition, and parallel to law enforcement, Lowry’s political career would have been brought to a shuddering halt by an outraged body politic and electorate.

Such official and public ostracisation is of crucial importance for the maintenance of a healthy democracy because it prevents the disease of corruption from further infecting the political system and wider society in general.

The catastrophe that Ireland and its people are now suffering can be attributed directly to the failure of the state to act immediately and properly to countless scandals over the last four decades or so.

Every failure to act against an incidence of alleged corruption, no matter how small, hammered another nail into the coffin of accountable and transparent democracy.

The accumulation of such failures has, inevitably, led to the collapse of our economy, the loss of our economic sovereignty and the impoverishment of the state’s citizens.

There may well be a perfectly innocent explanation for Minister Quinn’s large expense claims but, to date, neither he nor his staff has provided any plausible explanation.

This failure, and SIPO’s failure to properly investigate the matter, is further confirmation that Ireland is a politically and administratively dysfunctional democracy.

Copy to:

Minister Quinn
Standards in Public Office Commission

Civil Servants: Protecting politicians rather than serving the State

The Irish Mail on Sunday (MoS) is, rightly, focusing on the disgraceful behaviour of civil servants who dealt with the Ned O’Keeffe allegations of fraud.

Reading the report in today’s paper I could immediately identify with the deep frustration of dealing with a secretive, arrogant bureaucracy determined to protect the interests of their political overlords at all costs.

The overall feeling when dealing with these people is one of powerlessness, that no matter what the alleged wrongdoing, the system is always going to protect the politician.

More disturbingly, there is a rapidly developing culture of invincibility among civil servants that no matter how badly they get things wrong, no matter how damaging their behaviour is to the public good, there will be no consequences.

Back in 2007, for example, I rang Dublin City Council with a very simple question.

Was Fianna Fail TD, and then minister, Pat the Cope Gallagher fined for illegally erecting election posters?

Nine months later, after numerous phone calls, emails, letters and formal complaints I finally succeeded in getting an answer.

Here are some of the bizarre/arrogant responses I got from so-called civil servants.

Bernie Lillis of Dublin City Council told me that it was her personal office policy not to reveal such information. It was, she claimed, a personal matter between her office and the politician.

The Standards in Public Office Commission rejected my complaint on the grounds that the matter (breaking of the law by a government minister on two separate occasions) was not of sufficient gravity to warrant an investigation.

Donegal County Council replied to my formal complaint (sent by post) that they could not investigate the matter, as they had received no formal complaint.

A bizarre country

Fr. Brian Darcy spoke with Marian Finucane today on his censuring by the Vatican.

Fr. Darcy is a member of a ruthless, dictorial, child abusing religious organisation that sees human rights and free speech as a serious danger to its power.

Following the interview Marian spoke with Irish Times religious correstpondent Patsy McGarry.

This interview came to an abrupt end when Marian, a broadcaster on a national station that, in theory, represents all citizens realised the time.

Sorry Patsy, we’ll have to leave it there, it’s coming up to twelve o’clock and time for the Angelus.

Outsourcing justice

Pakistan’s Supreme Court has found Prime Minister Yousuf Raza Gilani guilty in a contempt of court case.

However, the court gave Mr. Gilani only a symbolic sentence and he will not have to serve any time in jail.

Earlier this month former Icelandic Prime Minister Geir Haarde was convicted of negligence related to the collapse of his nation’s banking system.

Both of these cases contain a mixture of politics and farce; Haarde said his conviction was ridiculous.

The thing to note, however, from an Irish perspective, is that both of these countries possess a law enforcement system with the power and will to put even the most powerful in the dock.

It is inconceivable that the Irish law enforcement system would haul a sitting Taoiseach into the courts.

Such matters are outsourced to never ending tribunals until the politician retires or dies.

The Corruption perceptions index 2011

Iceland 13
Ireland 19
Pakistan 134

Ned O'Keeffe arrested

Former Fianna Fáil TD Ned O’Keeffe has been arrested on suspicion of using a false invoice to claim for mobile phone expenses while he was a member of the Dáil.

The arrest of a politician in Ireland is an extremely rare event despite the fact that corruption is endemic throughout the body politic.

This arrest will be nothing less than revolutionary if it marks the beginning of a new phase of real law enforcement targeting those who wield power and influence.

I am not, however, holding my breath.

If the Gardai decide there’s some substance to the allegations a file will be sent to the DPP.

Judging from past experience that file will remain on a shelf for years unspecified.

Garda Ombudsman: Rape threat, what rape threat?

The Garda Ombudsman has recommended disciplinary action be taken against one of five Gardai whose comments about two female Corrib gas protesters were recorded after the women were arrested.

A Garda Sergeant used the word rape but told investigators he heard the word used at the scene while the women were being arrested.

Obviously, the Garda Ombudsman has accepted this ridiculous claim.

Is the Sgt. claiming that this is the first time he’s heard the word ‘rape’ and, like a schoolboy hearing a dirty word for the first time, can’t wait to tell everyone he knows a grown up word?

The Sgt. in question has since (very conveniently) retired and so cannot be the subject of disciplinary proceedings.

So once again we witness a state official bounding across the two-foot high accountability fence into the carefree, well-paid land of retirement.

His departure is greeted with a huge sigh of relief by all those highly paid officials who labour day and night to maintain the farce of accountability in Ireland.

That the good name and credibility of the Gardai is once again seriously damaged by this ‘investigation’ doesn’t seem to bother the Garda Ombudsman in the slightest.

Matt Cooper broadcast a detailed analysis of the video recording on The Last Word today (24th).

Sgt. A: Who is them two lassies, do you know the two of them?

Garda B: I don’t know the second one; the first one is with blond hair.

Garda C: She was up in the tractor earlier on.

Sgt. A: It would do no harm to get the second one’s name again.

Garda B: She’s some yank, I don’t know who the fuck she is.

Garda C: Is she a yank?

Garda B: It sounds like it, the accent anyway.

Garda D: Sounds like a yank or Canadian

Garda B: Well, whoever, we’ll get immigration fucking on her.

Sgt A: She refused to give her name and address and told she would be arrested.

Garda B: And deported.

Sgt. A: And raped

Garda B: I wouldn’t go that far yet. She was living down at that crusty camp, fuck’s sake you’d never know what you might get.

Sgt. A: Give me your name and address or I’ll rape you.

Garda C: Hold it there, give me your name and address, I’ll Facebook you.

Sgt. A: Or I’ll definitely rape you.

Garda C: Will you be my friend on Facebook?

Tom McGurk: Confused about religious education

Letter in today’s Sunday Business Post (Sub. reqd).

Most of the letters page (7 out of 10) was taken up with reaction to McGurk’s article (Teaching religion is of primary importance, SBP April 15) . Only one agreed with his ill informed views.

This strong anti- religious, anti-Catholilc response seems to be the norm in recent years – long may it last.

Sir,

The underlying message to be taken from Tom McGurk’s article on religious education in schools is that any withdrawal of Christian religious teaching will damage the moral and ethical formation of children.

This narrow view suggests that the moral and ethical standards of billions of non-Christians and non-believers are, at best, inferior, and, at worst, irrelevant.

Human morality is a natural, evolutionary aspect of all humanity, not the invention of any one particular god.

If parents want to indoctrinate their children into a particular religion, they should do so themselves with the support of their particular church.
The State should play no part in religious indoctrination.

Your etc.,
Anthony Sheridan
Cobh

Catholic militant, Senator Mullen, gets his answer

I was in the process of responding to an article by catholic militant Senator Rónán Mullen in which he spouts his usual intolerant demand that taxpayers should pay to have children indoctrinated into the superstitions of his particular religion when I read the following excellent letter.

Mr. Peregrine says pretty much what I had in mind.

Sir,

The debate that has been carried out in this paper through the articles by John Waters, Senator Ronan Mullen and Paul Rowe and the letters submitted by readers has exposed a very ugly side to our little country.

Those who argue for secularism (a separation of church and state) have variously been accused of being unthinking monkeys and incapable of teaching morality or dealing with bereavement.

These are the type of articles one might expect to find in state papers in the theocracies that Mary O’Dowd (Letters April 18th) believes we should look towards for guidance.

A bit of clarity needs to be introduced to this debate to wash away the mud that is being slung about.

The State has a responsibility to provide an education for every child in this State, however, this does not mean that the State has an obligation to provide a particular religious education for every citizen.

John Waters and Senator Mullen’s arguments about the merits of a Catholic education and the hazards of atheism are irrelevant.

They can educate their own children however they see fit.

The argument should remain focused on whether the State should fund denominational primary schooling or provide non- denominational education and allow parents to indoctrinate their children outside the classroom.

If the State chooses to continue funding denominational education then it must provide schooling for all children be they the children of Catholic, Jedi or Jewish parents.

A Mormon child on Inis Meain would need and should be entitled to his/her own school if the current system were to be continued.

The current fudge means that most non-Catholic children are forced to attend Catholic schools and have to sit out while preparations are made for the various sacraments and rituals that are such a large part of the Catholic primary school curriculum.

In a non- denominational system no child would be forced to exclude themselves from the class and all children could receive indoctrination from their parents after school or in their various churches, mosques or temples.

This argument has been framed as one about freedom for religion to distract from the basic constitutional right of freedom from religion.

Nowhere has it been argued that parents should be denied the right to educate their children in whatever “ethos” they choose to subscribe to.

What “secularists” have been arguing for is a right to have their child educated free from any religious indoctrination.

Yours, etc,

Andrew Peregrine
Alen Park Drive,
Stillorgan,
Co Dublin.

Mahon Tribunal fallout

Letter in today’s Irish Times.

A chara,

I refer to Anthony Sheridan’s letter (April 18th) in which he seems annoyed about the lack of progress by Fine Gael in its investigation regarding Olivia Mitchell TD.

He can imagine how I feel whereby in the Clondalkin area another elected Fine Gael politician, Cllr Therese Ridge has had findings by the Mahon tribunal made against her and yet Fine Gael has now appointed her to the executive of the Local Authorities Members’ Association (Home News, April 14th).

Is mise,

Paul Doran
Monastery Walk,
Clondalkin,
Dublin 22