Civil Service – Page 3 – Public Inquiry

Information Ombudsman has become a toothless tiger?

On 4 March last I phoned the office of the Minister for Justice to find out the names of the Gardai who, we are told, were disciplined for their part in the penalty points scandal.

The Department refused to answer what is a very simple, very straightforward question.

On 15 April last I submitted a formal complaint to the Information Ombudsman on the matter.

Yesterday, April 25, I received the following disturbing reply from the Information Ombudsman.

Department of Justice refuses to answer simple question

On 4 March last I phoned the office of the Minister for Justice to find out the names of the Gardai who, we are told, were disciplined for their part in the penalty points scandal.

The Department has refused to answer my question.

I was informed by the Information Ombudsman that I could make a formal complaint if no substantial reply was received after six weeks.

I have removed the name of the civil servant with whom I have been in communications with on this matter.

My complaint was made on an official form on the Ombudsman’s website hence the structure.

Which public body is your complaint about? The Department of Justice.

When did the action you are now complaining about take place? 4 March and on going.

Please tell us: What happened? Where did it happen? Who was involved? How were you affected?

The Department of Justice is, effectively, refusing to answer a question.

The sequence of events are as follows:

4 March: I emailed the following question to the Minister for Justice.

To Whom It May Concern:

It is public knowledge that a number of Gardai have been punished as a result of the penalty points controversy.
I request the name, rank, location and punishment meted out to the Gardai in question.

If this is not possible I request the regulation/legislation under which it is not possible.

Yours sincerely

Anthony Sheridan

5 March: I received the following acknowledgement.

Dear Mr Sheridan,

I write to acknowledge receipt of your email dated 4 March, 2014.
Yours sincerely,

Minister for Justice and Equality

13 March: I sent the following email to the Minister for Justice

Dear Mr.

I would be grateful if you could give a rough indication of when I could expect a reply to my email of 4 March last.

Yours sincerely
Anthony Sheridan

13 March: Received the following acknowledgement.

Dear Mr. Sheridan,

I write to acknowledge receipt of your email dated 13 March, 2014.

Yours sincerely,
Minister for Justice and Equality

20 March: Rang the Information Ombudsman and was advised that I could make a formal complaint if no substantial reply was received after six weeks.

2 April: I sent the following email to the Minister for Justice.

Dear Mr.

I would be grateful if you could give a rough indication of when I could expect a reply to my email of 4 March last.

Yours sincerely
Anthony Sheridan

2 April: Received the following acknowledgement.

Dear Mr Sheridan,

I wish to acknowledge receipt of your latest email of 02 February 14.
Your previous correspondence is currently being dealt with and a further reply will issue as soon as possible.

Yours sincerely

It is now six weeks since I submitted my question without a substantial reply. This question could have been answered within an hour or, at most, within 24 hours.

It is reasonable, therefore , to assume that the Department is refusing to answer the question.

I submit my complaint.

What do you want the public body to do to put things right?

Answer the question.

I am not a 'customer' of the State, I am a citizen

I recently received an email from the Department of Education in response to a query which included the following sentence.

To assist you, the following links provide answers to queries frequently raised by our customers.

I find the use of the term ‘customers’ to be obnoxious. I am not a customer of any government agency, I am a citizen of the State within which every government agency works on my and every other citizen’s behalf.

Somewhere along the line there was a culture change when some politician/civil servant decided that the term ‘citizen’ bestowed too much respect on citizens. It was decided to create a culture whereby the state raised itself to a position above that of the great unwasahed.

It was decided that ordinary citizens were to be looked down upon as no more than ‘customer’s’ of the ruling elite.

I totally reject this obnoxious attitude and will work to destroy the arrogant system that seeks to dilute the quality of my citizenship.

The amazing two minds of Irish officialdom

There’s an excellent example in today’s Irish Examiner of how Irish officials can operate both inside and outside of reality at the same time.

This amazing ability allows Irish politicians and civil servants to break a law or rule and, at the same time in their minds, obey that very same law.

This case involved tendering rules surrounding procurement procedures by Waterford City Council.

An internal auditor’s report looked at €4.9 million worth of spending and found that proper procedures were not followed in €4.3 million of the expenditure.

But Waterford city manager Michael Walsh assured everybody willing to believe him that no companies were given work on the basis of favouritism.

I mean the very thought that the setting aside of rules specifically designed to prevent favouritism could be seen as an abuse of power is an outrage against the unquestionable honesty of all state officials.

No – Mr. Walsh provided a perfectly clear, honest and uniquely Irish explanation.

Bending the rules’ isn’t the language I would like to use. We weren’t fully compliant is the point the auditor is making… and I accept that.

I want to be clear about this, in the circumstances we very deliberately decided that we were not going to be fully compliant but we did ensure, I can assure you, that there was competitive tendering.

In fairness, you have to admire this ability to make two completely contradictory statements while, apparently, believing the substance of both.

Garda Ombudsman: You are not entitled to any information whatsoever

Dublin TD Clare Daly believes that her arrest on a drink driving charge and the leaking of the story to the media was a deliberate attempt to discredit her because she has raised issues of malpractice within the Garda Siochana.

I agree with her conclusions.

Ms Daly was stopped by Gardai on 28 Jan last and breathalysed; the equipment did not register a reading.

Despite this Ms. Daly was arrested, handcuffed and taken to Kilmainham Garda Station 300 metres down the road.

When she objected to being handcuffed she was told that it was procedure.

Her legal team has told her that this is incorrect.

She was put in a cell and a doctor was called to take a urine sample.

Upon being released a female Garda told her to come back when she was sober.

Turns out she was sober. The urine sample showed that her alcohol level was 33% below the allowable limit.

Ms. Daly made a complaint and the Garda Ombudsman is investigating.

When the penalty points scandal first broke I rang the Garda Ombudsman office to inquire if they were investigating the very serious allegations being made against the force.

I was told that they can only investigate matters that involve complaints from members of the public who have been directly wronged by a Garda or a matter that they deem to be in the public interest

I rang again today to see if they were still of the view that it wasn’t in the public interest to investigate what are potentially the most serious allegations of corruption within the force.

Predictably, I ended up with a headache from banging my head against the solid wall of unaccountable bureaucracy.

Me: Is the Garda Ombudsman investigating the abuse of penalty points allegations?

Official: We can’t give out any information about complaints you haven’t made yourself.

Me: But I’m not referring to a complaint, I’m asking is there an investigation into the penalty points allegations.

Official: I can’t say, I’m not allowed to say because you’re not involved in it and you haven’t made a complaint yourself.

I can’t give you any information about anything, about any investigation or any complaints.

Me: Absolutely nothing? Nobody is entitled to know whether you’re investigating something or not?

Official: No, not unless you’re involved.

Me: That’s incredible.

Official: It’s confidential.

Me: I find that hard to believe. You’re saying that the general public is not allowed to know whether the Garda Ombudsman is investigating any particular matter.

Official: No. I can’t give out any information about any complaints.

Me: What regulation/legislation are you basing your refusal on?

Official: It’s confidential.

Me: Yes, but could you refer me to the regulation that permits you to refuse the information.

Official: It’s a confidential procedure making a complaint; I can’t give out any information on the matter.

Me: Ok, that’s fine but could you point me to the particular legislation that allows you to refuse the information?

Official: If you’re not happy with my answer you can put it in writing to the Commission.

Me: Yes, I’m accepting your answer; I’m just asking what legislation you’re basing your refusal on. Can I find the relevant legislation on your website.

Official: I don’t look at the website, I don’t know.

Me: There is a ‘legislation’ link on your website, would I find it there?

Official: If you’re not happy with my answer you can put it in writing to the Commission.

Me: So you’re refusing to reveal the legislation under which you’re refusing to give out information?

Official: I’ve just advised you, if you’re not happy with my answer you can put it in writing.

Me: Are you refusing to point out the legislation to me?

Official: I can’t give it to you.

Me: Why not?

Official: Hung up.

Update on missing art works from Leinster House

I had a long and detailed telephone conversation with an official from the Office of Public Works (OPW) on Tuesday regarding the art works that have gone missing from Leinster House.

While the official was courteous and genuine in her attempts to explain the situation it was obvious that there are glaring contradictions surrounding the whole scandal.

According to this official the number of art works missing is nowhere near the 38 reported by the Irish Independent and several have been located since Christmas.

She did, however, inform me that some items have been missing for decades.

I was informed that the Art Management Office has been carrying out a continuous cataloguing of state art work since its establishment in 2000.

This involves cataloguing works aquired since the foundation of the state and even works that were left behind by the British administration.

In other words, prior to 2000 there was no oversight whatsoever of state art works. It was, apparently, open season for anyone who wished to help themselves.

Since 2000 however, I was informed that a very tight system of control was in place that involved the following procedures.

A data base for all art work. This system allows officials to instantly identify the exact location – building, floor, room – of all items.

All items (or at least the more valuable items) are digitally photographed, measured, described in detail and assigned a unique serial number.

Building managers are directly responsible for all items under their care. The OPW provides a list of all items to each building manager outlining exactly what items they are responsible for.

When an item arrives in a building the building manager signs it in. When an item leaves the building the building manager signs it out.

When an individual (official or politician) requests an item the building manager obtains it from the OPW. The transaction is noted on the OPW data base and the building manager receives a formal letter from the OPW outling the exact details of the items delivered.

All art works within Leinster House are controlled/monitored by this system.

Very impressive but the contradiction is obvious – If the system is so efficient why did dozens of items go missing just two years ago, years after the ‘effective’ control system was put in place?

The official denied that dozens of items had gone missing. The Irish Independent had got its facts wrong and several of the items have since been located.

A number of other excuses were mentioned.

We have a tiny staff and very few resources.

We are responsible for several hundred offices throughout Ireland.

Our inventory system is ongoing so an item may only be discovered as missing after a full inventory rotation (approximately one year).

We respond by writing to the building manger asking him to check it out.

Most disturbingly, the official said that the first response by the OPW when art items go missing is to presume that the items have been misplaced or innocently moved to another location.

The possibility of theft is seldom a serious consideration.

What we see here is a typically Irish two-faced bureaucratic system which on the surface claims to be efficient and accountable while at the same time studiously ignoring the fact that serious damage is being done to state/citizens interersts.

Stephen Donnelly: Nearly gets it right

Speaking on radio over the weekend independent TD Stephen Donnelly delivered an almost perfect analysis of Ireland 2012.

I say ‘almost’ because, with his final sentence, Donnelly demonstrated that he doesn’t really understand the reality of Ireland 2012.

The Oireachtas does not work, it’s a joke, it’s a farce. It’s a pretence of parliamentary democracy, this country is run by the Cabinet.

Fianna Fail became institutionally corrupt and that corruption spread right through the country. At the same time the civil service shut themselves off from internal oversight and from parliamentary oversight.

And so when the Tsunami came the country had become so unstable, so badly governed that we fell off a cliff. At the heart of it is institutional self-interest, weak politics because we kept voting along tribal grounds

Now that’s all gone.

It’s all gone…all the corruption is gone, all is reformed, democracy has returned…we don’t vote along tribal grounds anymore…Where…When…Who?

Feck, I must have blinked at some point.

Office of Public Works arrogantly refuses to answer questions

For over two weeks now I’ve been attempting to extract some very simple answers from the Office of Publc Works (OPW) regarding the large number of art work that has gone missing from Leinster House.

I’ve been through all the usual hoops – several emails, numerous phone calls, moved from extension to extension, from office to office, sidelined into the Press Office, put it in writing Mr. Sheridan, listened to officials trying to sound professional as they tell me fairy tales until, finally, I hit the standard bureaucratic brick wall.

The brick wall arrived, at is usually does, when I insisted on knowing the precise legislative basis for refusing to answer my questions.

I would be grateful if you could confirm to me the precise rules/regulations/laws on which your office is refusing to answer my questions on this matter.

I received the following email which, without exception, is the most arrogant/dismissive response I have ever received from a public official.

A public official who, in theory, is supposed to be working in the best intersts of Ireland and its citizens.

The form of the email is exactly as I received it.

Mr. Sheridan,

I refer to previous emails and telephone conversations. Please see responses below.

What are the name, position and rank of the person/s responsible for the safe keeping of the missing items?

The OPW Art Management Office manages the State Art Collection.

What action has been taken in response to the missing items?

The OPW Art Management Office is not in a position to confirm that items are missing.

In particular, what action has been taken in respect of items that went missing prior to the last general election?

The OPW Art Management Office is not in a position to confirm that items went missing prior to the last general election.

What is the overall time period in which the items went missing?

The OPW is not in a position to confirm that items are missing.

Please supply a list of the estimated value of each missing item.

The OPW is not in a position to confirm that items are missing. Therefore it is not possible to supply such a list.

Please supply a list of the exact offices/locations from which items went missing.

The OPW is not in a position to confirm that items are missing. Therefore it is not possible to supply such a list.

Please supply a list of the officials/politicians who occupied offices from which items went missing.

The OPW is not in a position to confirm that items are missing. Therefore it is not possible to supply such a list.

Please confirm or otherwise if members of the public are entitled to speak directly to OPW officials regarding this matter.

I confirm that responses will issue to you from the OPW Press office.

I would be grateful if you could confirm to me the precise rules/regulations/laws on which your office is refusing to answer my questions on this matter.

As previously stated the OPW is currently not in a position to answer questions relating to the ongoing art inventory.

I trust the above clarifies the matter.

Regards

A freedom of information request is on the way.

When should the Gardai be called in – Well, it depends

What kind of suspicious incident needs to happen in Ireland before the Garda get involved?

Well, it depends.

Take, for example, the thirty-seven pieces of state-owned art that recently went missing from Leinster House.

The Gardai were not called in and are, apparently, not interested.

It’s all being quietly dealt with ‘in house’, so to speak.

First of all the art pieces are, apparently, only ‘missing’, ‘misplaced’ or otherwise ‘unaccounted for’. They have not, apparently, being stolen.

The accommodation managers have beeen ordered to locate the artwork and if they cannot then they will be officially declared missing.

This will take two or three weeks, so no hurry; no panic.

It seems that when staff take a fancy to a particular piece of art they ‘take it’ with them when they move office.

According to an official the resources necessary to keep track of everything are not available.

While some of the pieces went missing after the last general election other items went missing well before that.

It appears that the whole matter of artwork going missing from Leinster House is as common and as unremarked upon as a politician doing a favour for a constituent.

No need to call in the Guards, sure the art will turn up somewhere, sometime and if they have to be officially declared ‘missing’ sure what’s harm.

But what happens when state-owned artwork goes missing from a location outside the control of politicians and state officials?

Well, it’s theft, pure and simple and the Gardai are called in immediately.

A major Garda investigation is underway after state-owned paintings were stolen, not ‘missing or misplaced’ now, but stolen from a warehouse in Co Kildare.

Gardai are investigating staff at the private warehouse where the paintings were stored.

Neither Leinster House staff nor politicians are being investigated by Gardai.

Gardai want to know how the thieves were able to gain access to the warehouse.

Nobody in Leinster House is being asked about access to the missing artwork.

The Gardai are trying to determine when the artwork was last checked.

In Leinster House nobody seems to know the when, who or how when it comes to checking artwork.

Gardai are trying to establish a timeline of events leading up to the theft of the paintings.

In Leinster House, well, some of the artwork went missing before and some after the last election; nobody really knows what’s going on.

Gardai are trying to establish who had access to the warehouse and who had knowledge of its contents.

In Leinster House it seems everybody had access to the artwork and just took what they liked.

Gardai want to know what security procedures were in operation, how they were bypassed and how the theft went unnoticed.

In Leinster House there is, apparently, no security and the ‘missing’ artwork wasn’t missed for ages.

The Department of Arts and Heritage is carrying out a massive review of security within the department.

In Leinster House the accommodation managers have been instructed to have a look around and see if they can find anything.

So it seems, when state property goes missing at a location where state officials and politicians are responsible nothing much really happens.

There’s no suspicion that a crime may have been committed, the very thought.

When state property goes missing outside of the political/administrative sector there is a strong and immediate reaction by state authorities.

And the lesson is?

If you fancy a nice piece of free art – Leinster House is the place.

Category: Civil Service