Old attitudes die hard

Terry Prone writes about building a new era out to the wreckage of the old, how the present financial disaster could be transformed into an opportunity for Ireland (Irish Examiner).

Unfortunately, Ms. Prone is herself still living in the past as demonstrated by her predictably Irish attitude to obeying the law.

“Just as the mantra, during the boom years, was “You hafta have a laugh” the current mantra is “you hafta survive,” and if that means breaking a few rules set by a bunch of legislators currently held in pretty universal contempt as overpaid, unrealistic and culpable, then those rules are going to be broken.”

Our country is on the brink of disaster because the vast majority of citizens including politicians, regulators and the business sector believed that Ireland, unique among Western countries, could build a stable and progressive democracy while at the same time treating the rule of law as an inconvenience.

Nothing will change until we educate ourselves out of this Tammany Hall mindset.

Political leadership: low quality, high cost

“Hans Joachim Fuchtel was amazed to find out that while he gets paid €92,000 to represent 280,000 people in Germany, our TDs get more than €100,000 each to represent 25,000 people, plus far more generous expenses.”

(Irish Independent).

Fuchtel would also be amazed at the low quality political leadership that we suffer at such high cost.

Definition of a corrupt people

I would like to formally welcome Sunday Independent columnist, Emer O’Kelly to the core philosophy of Public Inquiry. Her article is worth reproducing in full.

Haughey wasn’t the first, only the first to be caught

The shame is that we have no shame over the fact that we as a nation are legally corrupt, writes Emer O’Kelly
Sunday March 08 2009.

About a week ago, I was talking to my friendly local grocer in the course of my weekly shop. We were discussing the scandalous financial revelation of the previous day (I can’t remember which one it happened to be; after all, they’ve been leaking out on a more or less daily basis) and he asked in disbelieving tones: “What’s happening to the country? Is it never going to stop?”

I said that I couldn’t see that it could ever stop because we were, and are, a corrupt people rather than the country being corrupt. In horrified tones, he said he didn’t want to believe that. Nobody does, and the honest among us turn away in distaste from the stench of the reigning culture in our society.

But none of what we have been dealing with in the past three months could have happened unless we were a corrupt people. Unless the criminally dishonest elements in our society felt that nods, winks, dishonesty, cronyism, and shady dealings in general could be the norm, tolerated by those in power as well as made possible by our laws, laws endorsed by the Constitution which is so often spoken of in reverential tones.

If laws which don’t demand and enforce basic honesty, much less integrity of the highest order, in commercial and political dealings are not inimical to the Constitution, what does that say about that document?

From where I sit, it points to its having been drafted by people whose own standards of integrity and honesty left a lot to be desired, and who didn’t want to hog-tie their fellow citizens into rigorous standards of integrity. After all, weren’t we victims of colonial oppression, and wasn’t it our right to get our own back by exercising a bit of skulduggery where we could?

Don’t explain; don’t accept responsibility; don’t apologise. Above all, don’t ever be shamed into resigning. It’s only honour that’s at stake.

I’ve been expressing that opinion for a long time. (The first time was the weekend Charles J Haughey was told by a tribunal judge to go home and reflect on the situation that was emerging. I remember thinking with a certain amount of distress that he might kill himself through shame. I didn’t realise then that he had no shame).

And the shamelessness is with us to this day.

Haughey wasn’t the first: he was only the first to be caught. He was also completely representative of our innate tendency for corruption. There are no markers, no lines in the sand. Then becomes now, and the pattern repeats endlessly, honour and duty joke-words to be sneered at.

An organisation called Transparency International, which is an international anti-corruption watchdog, has been surveying us for three years. It has found that we are “legally corrupt”. It’s manifested, according to Transparency International, by “cronyism, political patronage and favours, donations and other contacts that influence political decisions and behaviour.”

The report of its Irish Chapter (it operates in 100 countries) criticises our lack of whistleblowers’ legislation. By that it means legislation that protects whistleblowers rather than as now, frowning on them as sneaky boat-rockers and informers deserving of having their heads shaved.

It savages our complete lack of regulation for political lobbyists and condemns the secrecy surrounding political funding. It finds a whole body of evidence on the prevalent role in Ireland of patronage and clientelism, and its chief executive here says, “it’s a reasonable assumption to make that there are high levels of legal corruption”. It doesn’t mean that our law is corrupt, but that corrupt behaviour and attitudes are legal.

The report also criticises the media for a lack of safeguards against bribery and corruption. It probably has a point. I’ve never been offered a bribe, but I would welcome legislation which stopped journalists from appointing themselves as unofficial and unacknowledged lobbyists, even unpaid ones.

And as for corruption, the only personal corruption that has affected me has been the various threats to force me out of employment, into prostitution (where I belong!) or into the bowels of hell by means of a knife or an IRA beating. Such threats of course, are not corrupt, but made with the noblest motives, and have God and Mother Ireland on their side.

The report also criticises the lack of a disciplinary framework for the judiciary, and that finding reminds me of listening to a lecture from a young Catholic activist lawyer when I was still at school (he was also a card-carrying member of Fianna Fail, and went on to become a Supreme Court judge.)

He told us fifth-formers with absolute certainty that the Irish legal system was the finest and most honourable in the world, and its judiciary the most detached and politically unaligned. In an aside, he said that the same could not be said of our nearest neighbour.

It rang alarm bells in my head, even then. It still does: after all, the disgraced head of the Royal Bank of Scotland is facing calls for his knighthood to be removed, and there are moves to introduce legislation to strip him of the scandalously high pension put in place for him before he was fired for destroying the bank.

The odd head has rolled here; but there have been no penalties. Not merely are the corrupt wrongdoers hanging on for grim life, but our own State servants, the board of the Regulatory Authority who so grossly failed in the duty they accepted on our behalf, seem not to see any reason, separately or collectively, why they should resign. Nor does our government see any reason to replace them.

Is that a definition of a corrupt people? I know what I think.

Machiavelli and dangerous times

If I was holding or coming into power in these times I would immediately strengthen the police and army with equipment and pay increases and keep a copy of Machiavelli’s Prince close to hand.

Two quotes from the booki.

Those… who had held their possessions for many years must not accuse fortune for having lost them, but rather their own remissness; for having never in quiet times considered that things might change (as it is a common fault of men not to reckon on storms in fair weather) when adverse times came, they only thought of fleeing, instead of defending themselves. – Niccoló Machiavelli, The Prince. 1537.

A return to first principles in a republic is sometimes caused by the simple virtues of one man. His good example has such an influence that the good men strive to imitate him, and the wicked are ashamed to lead a life so contrary to his example. Niccolo Machiavelli.

The exposure of a corrupt state

Even if Fitzpatrick deigned to appear before the Economic and Regulatory Affairs Committee it would make no difference whatsoever, the committee has no power. It was set up after the 1997 general election for the same reason that all Dail committees are set up – jobs for the boys.

None of the 30 or so Dail committees have any power. They are nothing more than cash machines granted to politicians to keep them on side with their parties. They also serve the useful purpose (at least until the present global crisis) of giving the impression that the State is serious about bringing white collar criminals to account.

Politicians are most proud of the Public Accounts Committee (PAC); they waffle on endlessly about the great work done in bringing banks to account over the DIRT scandal. It is, of course, just that – waffle.

The banks only paid back a fraction of the countless millions they robbed from the State in that particular mafia scam and, in keeping with that great Irish tradition, not a single bank or official was investigated by the police never mind actually charged with a crime.

Here are some other so called regulatory agencies that, in theory, are charged with protecting the State and its citizens.

Financial Regulator: This organisation has never taken any serious or effective action against the widespread criminality within the Irish financial sector. The Financial Regulator by its actions and particularly by its inactions, in effect, acts to as a protector of wrongdoers. The Financial Regulator is exempt from the Freedom of Information Act and operates under strict secrecy laws.

Tribunals: Tribunals are useful in uncovering the vast amount of sleaze and corruption that infects Irish public and business life but they have no power whatsoever to prosecute, this is not an accident.

For example, politicians, quite deliberately, introduced a law that prevents any evidence given to a tribunal from being used by the police in any subsequent criminal investigation.

If such an investigation were to take place, (highly improbable) the police would have to start off from scratch ignoring the vast amount of evidence gathered, under oath, by the tribunal. This law didn’t just fall out of the sky.

Comptroller and Auditor General: The C & AG reports once a year invariably highlighting very serious incompetence, waste and often corruption within government departments. He has no power whatsoever to take matters any further, his only ‘power’ is to make recommendations.

Irish citizens are then subjected to the farce of seeing powerless Dail committee members rant and rave about the action they’re going to take to put a stop to all this incompetence, waste and corruption before collecting their expenses and settling down until the next C & AGs report where the whole farce is repeated.

In common with Dail committees and tribunals the C & AG is also useful for giving the impression that the State is actually serious about dealing with the disease of corruption.

From time to time, usually when media pressure is making politicians sweat over some scandal, the C & AG is called in to conduct a ‘special’ investigation. Again, the C & AG has no power to act on his findings; he just publishes his report and makes recommendations.

Recently, the C & AG carried out one such special investigation into the Irish Greyhound Board – Bord na gCon.

Despite uncovering irrefutable evidence of very serious corruption the C & AG concluded:

“In my annual audits of Bord na gCon I have satisfied myself that the broad framework of financial administration and internal control was appropriate.”

“In general the funds of Bord na gCon were properly applied.”

These conclusions came as a great relief to the board of Bord na gCon and, I’m sure, to politicians who could now claim that all was well and no action was required. Incidently, nobody thought it the least bit odd that the C & AG is also the auditor for Bord na gCon.

Office of Corporate Enforcement: In reality, the ODCE is a toothless tiger with a fancy title and, in the main, deals with minor wrong doing by company directors.

The office is seriously understaffed, under funded and possess only weak law enforcement powers. Apart from fines, the most common punishment meted out is a ban on practicing as a company director for a number of years.

But like tribunals, Dail committees and the C & AG office, the ODCE acts as a very useful mechanism whereby allegations against very powerful people can be channeled away from public attention and, more importantly, away from the (remote) possibility of criminal proceedings.

For example, the ODCE, ‘processed’ the people responsible for the very serious fraud at National Irish Bank. These people received nothing more than a slap on the wrist.

Two of the biggest tax cheats in the history of the State, the Bailey brothers, are also being ‘processed’ by the ODCE. The very best we can hope for is that these two gentlemen will be banned from acting as company directors for a couple of years. In other words, another slap on the wrist.

The ODCE has also taken the infamous Jim Flavin of DCC under its gentle wing. The highest court in the land, in a civil case, found that Flavin had committed fraud on the stock exchange to the tune of €83 million. But (lucky) Jim will be treated kindly by the ODCE with perhaps, yes, a gentle slap on the wrist before being sent on his happy and very rich way.

And let’s remember, it is the ODCE that will be ‘processing’ the Anglo Irish/Irish Life and Permanent fraud. Politicians are falling over themselves to assure the Irish people that this is the organisation that will bring these people to account.

Let me say right now, unless there is an actual revolution in the way white collar crime is dealt with in Ireland these people, Sean Fitzpatrick and all the rest will never, ever be brought to account.

The structure and operation of all so called regulatory agencies in Ireland are, effectively, designed to avoid bringing the corrupt to account. Whether it’s by strict secrecy laws, a lack of power, a lack of resources or a deliberate policy of protecting the rich and powerful the consequences are always the same for Ireland and its people – disastrous.

There is, however, some hope. The political, business and bureaucratic reaction to the Anglo Irish Bank/Irish Life and Permanent scandal is nothing more than a desperate scramble to prevent the international community from finding out just how rotten the Irish system really is.

They are unlikely to succeed as the global crisis continues to expose Ireland as the most corrupt country in the Western world.

In the long run that can only be a good thing for Ireland and its people.

Copy to:
All relevant Dail committees
Fianna Fail
Government Press Secetary
Financial Regulator
ODCE
C & AG

No comment required

Texan billionaire Sir Allen Stanford has been charged over an $8bn investment fraud.

The Securities and Exchange Commission (The American equivalent to our Financial Regulator) said the financier had orchestrated “a fraudulent, multi-billion dollar investment scheme”. The charges against Sir Allen followed a raid by US marshalls on the Houston, Texas, offices of Stanford Financial Group.

David Mills has been sentenced to four and a half years in jail after an Italian court found the British tax lawyer guilty of accepting a bribe of about £400,000 from Italian Prime Minister Silvio Berlusconi.

Note: Police, charges, courts, and jail.

Meanwhile, Irish authorities are thinking of asking the Dail for permission to compel Sean Fitzpatrick to appear before a completely powerless Dail committee where he can refuse to answer questions concerning allegations of massive fraud.

Time to throw them out

Sean Fitzpatrick, the man who headed up the bank responsible for the biggest fraud in the history of the State has just given two fingers to the Dail’s Economic and Regulatory Affairs Committee and by extension the people of Ireland. The auditors of the bank also gave the two fingers to the people of Ireland.

These people are 100% confident in their actions because they know that the corrupt regime that governs Ireland will continue to protect them. It is only when that corrupt regime is, literally, overthrown that Ireland can begin to build a system of governance similar to that of all other Western democracies.

Revolution – First shots fired?

An AIB branch in Cork was attacked by a man in a suit who threw dozens of eggs at the building. Here’s the full report from RTE.

AIB bank in Cork egged by man in suit

Tuesday, 17 February 2009 13:13

An AIB branch in Cork literally has egg on its face after it was hit by a man in a suit.

AIB has said it does not know the identity of the man who threw dozens of eggs at its regional offices and branch on the South Mall in Cork city around 11.30 today.

The well-dressed man stood on the street and brought traffic to a halt for a number of minutes as he threw eggs from a cardboard box at the building.

He disappeared shortly afterwards, leaving the empty box behind him.

An AIB spokeswoman confirmed the incident, but said the man did not come into the building.

The spokeswoman said AIB did not know who the man was or why he threw the eggs at the building.

She said the bank would not be making a complaint to the gardaí.