The all powerful 'independent legal advice' defence

Before Patrick Neary completely disappears into his very rich sunset there’s one fact that needs to be put on the record.

The board of the Financial Regulator gave themselves the power to decide what they should be paid. In other words Patrick Neary himself decided that he was worth a lump sum of €428,000, a special sum of €202,000 for keeping his mouth shut and an annual pension of €142,670 (Irish Independent).

Some politicians ranted and raved when they discovered that civil servants had taken on such amazing powers but, to date, they’ve done nothing to bring these greedy and incompetent people down to size.

It seems that this reluctance to act is closely related to that most powerful and mysterious concept of Irish public life – Independent legal advice.

Once these holy words are uttered no more questions can be asked. Not even simple questions like; what, precisely was the advice offered and who gave it? No, once these most powerful of words are uttered the silence is total, complete, nothing more can be said on the matter.

It is even said that a member of this special club could get away with robbing a bank operating under the ‘independent legal advice’ concept. In fact, such robberies are quite common in Ireland.

It should be noted, however, that the ‘independent legal advice’ defence is only available to certain classes of people like senior civil servants, politicians and the higher echelons of the business sector. Peasants do not qualify as they are provided with their own special system commonly known as criminal law.

Ivan Yates: Not a man to look a gift horse in the mouth

Former Fine Gael TD, Ivan Yates, is chairman and managing director of Celtic Bookmakers, a chain of 64 betting shops around the country so I think it’s fair to say he’s a very rich man and all I can is – fair play to the man.

But you don’t get to be that successful in business without possessing great business acumen and Yates obviously has that in spades when it comes to promoting his business. His annual exploitation of the naivety of RTE and in particular Pat Kenny can only be described as pure business genius.

For the tiny sum of a €250 per day donation to charity Yates has managed to get himself a full, very valuable, ten minutes on the Today with Pat Kenny Show over the four day Cheltenham horse racing festival which must be one of the most lucrative racing events of the year for bookies.

I doubt there’s a businessman in the country who could afford to pay for such golden access to the airwaves if they were paying, by the minute, commercial advertising rates.

Even if Yates was to offer, say, €5,000 per day to charity over the four day period, he would still be getting very valuable airtime on the cheap, but at a mere €250 per day, it’s a giveaway.

Pat ended the piece (advertisement?) by thanking Yates for his generosity.

It’s likely the wily businessman was thinking to himself: ‘No Pat, thank you and RTE, very, very much for your generosity.’

Ivan Yates is certainly not a man to look a gift horse in the mouth.

Copy to:
Pat Kenny
Ivan Yates

The Haughey's: A renegade family

Katherine Rodgers upset many Fianna Fail supporters when she wrote the following in the Star newspaper recently.

“Security was beefed up for the Fianna Fail Ard Fheis this weekend, only to be expected at a convention of the biggest criminals in the country.”

Seems like a pretty reasonable comment to me but Dick O’Leary, head of a Cumainn founded by the corrupt Haughey, was angry.

“It’s a scurrilous remark and is 100% wrong.” “Mr. Haughey did an awful lot of good for the country; he’s the greatest Irishman that ever walked.”

(Liveline, Tuesday 2nd March).

Later, the discussion moved on to the sale of the corrupt Haughey’s art collection. A caller wanted to know if Mrs. Haughey would be keeping the proceeds of the sale or making a donation to charity.

Joe Duffy, who obviously has a soft spot for Mrs. Haughey, said:

“Even if it was going to Mrs. Haughey, Mrs. Haughey of all people in this country is in most people’s, sorry, in everyone’s eyes totally above reproach and indeed much admired for her dignity.”

So, not just some, not just most but everyone in the country thinks Mrs. Haughey is above reproach and is a woman of great dignity. Well, here’ one citizen who takes the complete opposite view.

In my opinion the Haughey family, including Mrs. Haughey, are renegade citizens.

She was happy to live off the proceeds of her husband’s corruption and obviously had no concern whatsoever about the huge damage done to Ireland and its people by that corruption.

When the Moriarty Tribunal finally exposed he husband for the criminal he was she and her family contemptuously rejected the findings of this agency which represented the Irish people.

A sizeable percentage of the monies now in the hands of this renegade family are the proceeds of criminal activities by the corrupt Haughey. His mansion, for example, was sold for an estimated €45 million.

Ireland will never rid itself of the disease of corruption for so long as people like Joe Duffy are happy to bow and scrape before ruthless and greedy people like the Haughey’s.

Copy to:
Joe Duffy

Tax on deadly (political) emissions

I see there’s talk of introducing a ‘cow tax’ to help meet new tough targets for reducing greenhouse gas emissions laid out in the EU’s climate change strategy. Proposed levies for gas emissions are: €13 for each dairy cow, €7 for non dairy cow and €1 for sheep.

What about a levy on gas emissions from Leinster House, say €1,000 for each member? Such a levy would greatly reduce deadly gas emissions and make a significant contribution to improving the environment.

Cronyism: Alive and well in Ireland

Former Secretary General of the Department of Foreign Affairs, Dermot Gallagher, has been appointed the new chairman of the Garda Siochana Ombudsman Commission (GSOC).

On ‘retirement’ from Foreign Affairs, Mr. Gallagher received an estimated gratuity of €400,000 and a pension of €126,000.

During the controversy surrounding his nomination last month Mr. Gallagher said he could yet decide to do the job at no cost to the taxpayer. At the time he said:

“I think everybody has to make a serious contribution in the current climate, I certainly would be prepared to do not just my bit, but significantly more than that.” and “Quite seriously, I am not interested in the money.”

(Has this man been talking to Mark Duffy?).

On reflection, (and after the controversy has died down) Mr. Gallagher has forgotten all about ‘doing his bit for his country’ and opted to take a salary of €90,000, the maximum allowed to him under pension abatement rules (About three times the average industrial wage).

There was no open and transparent recruitment process and the Opposition was not consulted. Finance Minister, Brian Lenihan said

“There was no constitutional convention or legal obligation on the Government to consult the Opposition.”

Here’s what a recent Transparency International report on how things are done in Ireland had to say about such Government decisions.

“Significantly however, Ireland is regarded by domestic and international observers as suffering high levels of ‘legal corruption’. While no laws may be broken, personal relationships, patronage, political favours, and political donations are believed to influence political decisions and policy to a considerable degree. The situation is compounded by a lack of transparency in political funding and lobbying.”

I have no doubt that Mr. Gallagher is a man of the highest integrity and will carry out his duties in a very professional and honest manner.

He is, however, human and given the very sensitive nature of his new job there will always be a cloud hanging over his work particularly if he finds himself dealing with a case involving a member of Fianna Fail, the party that has been so generous to him.

In other words, Mr. Gallagher begins his job tainted by the manner in which he was appointed and that is not in the best interests of the country.

Copy to:
Dermot Gallagher
Brian Lenihan

Ignoring the disease of corruption

Green Party leader, John Gormley gave a good speech at his party’s convention last night and I have no doubt that he and all of his party colleagues are 100% genuine in their intentions.

Unfortunately, they’re still labouring under the illusion that Ireland is a normal functional democracy. So when Gormley tells the nation that white collar criminals will be pursued and face the full rigours of the law; that they will pay for what they have done to the country, he probably believes what he’s saying but it’s not going to happen.

Gormley finished his speech with the quote:

“We must do what we conceive to be the right thing and not bother our heads or burden our souls with whether we’ll be successful because if we don’t do the right thing, we’ll do the wrong thing and we’ll be part of the disease and not part of the cure.”

He seems to be completely unaware that by adopting a head in the sand policy (we look after our probity and our standards and ignore those of Fianna Fail) towards political and financial corruption his party has already become an active supporter of the diseased system.

His party is acting like a doctor determined to cure a patient of a skin rash while studiously ignoring a deadly disease eating away deep within the patient’s body.

Civil service surplus and grenades

“The most recent quarterly national household survey showed that, in 2008, while private sector employment fell by 110,000, public sector numbers were, amazingly, up by 10,000. As recently as Friday, one state agency was advertising jobs in the national newspapers.”

(Sunday Tribune).

Could this boost in numbers be a ploy by the civil service so that they will have a surplus to offer when the Government come calling for sacrifices in the national interest?

“It’s inconceivable,” says one TD, “that you could have €4bn in tax increases and cuts in spending without having some grenades in the mix.”

(Sunday Tribune).

Moving on – to planet Duffy

When I awoke on Saturday morning I had no idea that I was about to be transported to another planet. But that’s exactly what happened when I tuned into the Marian Finucane Show and was whisked off to planet Duffy by the soon to retire chief executive of Bank of Scotland Ireland, Mark Duffy.

First a little background before lift off. According to Duffy he first became interested in banking when he was introduced to the lovely house and cars belonging to the daddy of a former girlfriend. He stressed, however, that he is not interested in nor motivated by money.

Duffy started off his banking career with Sean Fitzpatrick a man for whom he still has great respect although he did concede that Seanie had created a bit of a problem.

Throughout the interview Duffy repeatedly informed the nation that there is only one solution to the present crisis – take the bad apples out of the barrel and move on. By bad apples he means, primarily, the bad debt in the system. He didn’t specify who should take responsibility for all this bad debt but we can guess.

Here’s a synopsis of reality on planet Duffy. (My translations are in brackets so that ordinary earthlings can understand the language of planet Duffy).

“It really appalls me as a proud Irishman who has committed his life here to actually see how the outside world views us at present; we have to stop. The banks are us and if we inflict pain on the banks we’re actually inflicting pain on Ireland.”

(Keep quiet, don’t rock the boat, pretend nothing happened, move on).

“Everybody needs a hate figure, the banks are a suitable hate figure; Sean Fitzpatrick is a suitable hate figure; we’ve got to move on.”

(Neither the banks nor Sean Fitzpatrick did anything wrong, they just happen to be a random target selected by the public to vent their anger for some perceived but as yet unknown wrong).

“The bankers have taken a terrible punishment from the media.”

(As above).

“In Ireland we have only a small number of people (capable of running the banks); it takes years to get the skills to actually operate at that level.

If we take them out and shoot them (we wish) or have bank policy decided by chat shows and the media we’re going to lose some critical talent going forward.”

(A year in Mountjoy is more than enough to provide the skills and habits necessary to run Irish banks as they have been over the past several decades).

“I asked my own press office to put together the amount of media, radio and TV comment on it and it is just enormous. We are making ourselves the laughing stock, we need to move on.”

(It says a lot about Duffy that he would actually ask his press office to make such a list. Again, the ‘laughing stock’ comment is the usual denial – ‘let’s all pretend that there was no corruption involved in case the international community finds out the truth about Ireland’).

“We don’t have a toxic debt problem in Ireland, what we have is a property problem.” “The downturn won’t last long, not the five or ten years of the doom and gloom merchants.”

(What?? And this man is paid millions for, as he says above, his very rare ‘skills’).

On his reasons for leaving the bank. (No, really, he’s serious).

“I can do no more in the bank; I want a bit of time out, bit of free time with my family. It’s been a hectic 16 years, I’ve worked very hard, 130 flights a year; it takes its toll…I’m a hands on manager, I get my hands dirty, I’m a people’s person. You’ve got to set standards, honesty and service is what people are going to be looking for going forward.”

(If the word ‘bank’ is taken out of this quote and replaced with ‘church’ or ‘charity’ you could be forgiven for thinking that this man is a priest working for the poorest of the poor).

At this point we returned to earth when Marian said there was a whole stream of very angry listeners calling in but it wasn’t long before we were back on planet Duffy

“We understand that, people are venting anger, we need to fix the problem and move on. I mean bank staff are being spat at and abused verbally and physically. People have a generic across the board anger that they’re venting at present.

I can understand that but we’ve got to move on…I’ve lost money, my family have lost money, we’ve all lost money as a society but we’ve got to move on.”

(Hands up all those who believe that he and his family lost money – thought so. And we can be sure that this man is safely removed from all this public venting of anger).

“There’s a difference between the UK and Ireland. I’m sure they’ve got the same level of scandal but they don’t wash their dirty linen in public. They’re getting on with solving the problems…hurting banks ultimately hurts us all, we’ve got to move on.”

(Again, denial and insulting waffle).

On being asked does he still trust the banks? “I’d put my money in Anglo.” (Yeah, right).

Back on earth a listener called in to the show.

“I have lost my job, my pension, my bank shares and my home is worth 50% less than it was last year. I don’t qualify for dole because of some cash savings that I have, I have to feed my kids and pay my mortgage.

If it was up to me, he, and other bankers, would be going to jail and not into the sunset waving goodbye to us suckers. We want our pound of flesh and we want blood.”

(Clearly, Duffy, not used to hearing about the brutal reality created by his type, hesitated before answering as he struggled to say something different, anything to avoid repeating the waffle he had spouted so far – he failed).

“Well, you know, again, that’s a very, very angry comment and I can understand that. I don’t agree with a lot of what she said but I can understand. People are just not differentiating between bankers and banks (what?). It’s just a generic problem…we’ve got to move on.”

Meanwhile, back on planet Duffy. Marian asked: Did you get a massive handshake?

“You can ask but I won’t tell you, Duffy coyly replied. I was extremely well treated by the bank after 16 years and I leave it very happy, very satisfied and I’m looking forward to my freedom.”

(Ah yes, his freedom, his wealth, his happiness, his satisfaction – the complete opposite of what faces the many victims of the banking sector).

Marian asked him would he be worried about the groceries.

“I’m not financially motivated; I’ve always being lucky with money. I have bills to pay and a salary helps with that.”

Copy to:
Mark Duffy

Final throw of the dice?

I haven’t noticed a great deal of comment after the Bank of England decided to print off £75 billion in an effort to stabilise the economy.

I heard some spokesperson say that they would continue to print off money as necessary until the crisis was resolved.

This looks to me like the last desperate throw of the dice, if it doesn’t work there will be no other option but to sit there and watch the UK economy go down the same road (tube) as Zimbabwe – Serious stuff.