O'Nuallain, Gormley, DCU and the Employment Appeals Tribunal

While the Budget rightly dominates coverage today, a story that on other days may have been a page lead, sits quietly in the bottom corner of a late Home News page in The Irish Times.

Might be nothing huge to it, but interesting all the same. Olivia Kelly reports…

MINISTER FOR the Environment John Gormley intervened in a disciplinary dispute between DCU and a lecturer at the university, when he was a Green Party TD, an Employment Appeals Tribunal has heard.

Mr Gormley in 2002 contacted the president of DCU, Ferdinand von Prondzynski, on behalf of computer applications lecturer Dr Seán O’Nuallain. Prof Prondzynski told Mr Gormley it would be unethical to discuss the case, the tribunal heard…

Read the rest of this article on Irishtimes.com

NAMA and risk reports

I will post the document first and tell the story below, it’s worth a look. The information contained in this FOI, is I believe, valuable.

Cost-benefit analyses, impact reports or preparatory reports for NAMA

Why is this information valuable? It contains a timeline of what companies were involved in consulting the Government on the formation of NAMA, and gives us insight into the process. It also contains previously unknown titles, such as HSBC’s “Project Neo”. This is likely relates to the rumoured formation of a “New Anglo Irish Bank” in 2010. And it gives us an idea as to the level of involvement of Merrill, Arthur Cox, Rotschilds, PwC and HSBC.

The background:

A little bit of a saga ended today, finally. It is worth noting the dates involved in this request.

On August 17 I sought the following information from the Department of Finance:

1) A list of all cost-benefit analyses, impact reports or preparatory reports that have been carried out by the Department in relation to the proposed National Asset Management Agency (NAMA). Please can you list the title of the document, its date, and by whom it was written.

2) A list of all cost-benefit analyses, impact reports, or preparatory reports that have been carried out by people or companies working on behalf of, or at the request of the Department, in relation to the proposed National Asset Management Agency (NAMA). Please can you list the title of the document, its date, and by whom it was written.

I received my acknowledgment as standard, which was followed up with an email. The email said it was unlikely my request would be successful but if I wanted, I could be given information outside of my request. I went along with this and it resulted in this blog post on September 30. That’s in and around the 20 day limit under the Act.

But I didn’t feel the information provided was sufficient, and I always wanted information should my request be refused. So I said I still wanted to proceed with my original request. The Department then took the date of my re-request as the initial date, thus giving them another 20 working days. This brought the result of the request into early November, despite an initial request in August.

Numerous emails were sent, and replied to. The civil servants involved were “busy” with NAMA and it was taking longer than normal to reply to my request. Last week I had enough, and wrote an email seeking an internal review as my request was now a deemed refusal since the 20 day limit had expired. Today, December 8, nearly four months later, I got the reply.

The Digest – Dec 6 2009

Starting now, a Sunday night weekly round-up type thing.

The Digest will contain links to sources and stories worth reading – usually on topics kinda relevant to our terms of reference – from the week that was…

There’ll be about five links under each of three headings, Home, World and Other.

– HOME

Keiran Walsh, lecturer in UCC, writes about The Murphy Report and intra-agency co-operation on the excellent new Human Rights in Ireland blog. Walsh is currently pursuing a PhD examining the role of risk analysis and preventative measures in child protection. He’s also a former advisor to the Special Rapporteur on Child Protection and Barnardos. Subscribe to that blog.

Chief Cedar, union member and now union critic, WorldByStorm, eviscerates the union leadership for their negotiation failures

That we are, as it were, being forced by orthodoxy to look at only one side of the equation of tax and spend, that being spend.

Indeed one could argue the the strategic goal of the unions should have been to act to put that argument front and centre before the Irish people, ahead of public sector wages, ahead of everything. Because once you accept the parameters of orthodoxy you’re lost, since then it comes down to how much is cut and not why there are cuts. And since the eschatological approach of those arguing for cuts leaves no wiggle room (look at the actuality of unpaid leave, effective 5 – 7% wage cuts, as against… er… 5 – 6% wage cuts sought by Cowen today from pay cuts). Truth is pay cuts may be less penurious than unpaid leave. But that won’t get through the filter.

Despite the impression held by many, just 16% of families traveled north of the border to shop in Quarter 2 (PDF link) this year, says the CSO. Continue reading “The Digest – Dec 6 2009”

Ansbacher Report

I had previously uploaded the entire Ansbacher report to the internet earlier this year. However it was not OCRd, and was difficult to read because the documents were seperate. I have now begun the process of OCRing the report and combining all of its appendices (several thousand pages). If anyone has copies of any other reports that need to be digitised and OCRd, please get in touch.

Ansbacher Report

Ansbacher Report, Appendix Volume 1 & 2
Ansbacher Report, Appendix Volume 3 (Roger P Ballagh)
Ansbacher Report, Appendix Volume 4 (Padraig Collery)
Ansbacher Report, Appendix Volume 5 (P Vincent Doyle)
Ansbacher Report, Appendix Volume 6 (Denis Foley TD)
Ansbacher Report, Appendix Volume 7 (Gerald Hickey)
Ansbacher Report, Appendix Volume 8 (Mary Meagher McCarroll)
Ansbacher Report, Appendix Volume 9 (Susan Sheridan Mack)
Ansbacher Report, Appendix Volume 10 (Maurice Neligan & Dr Patricia Neligan)
Ansbacher Report, Appendix Volume 11 (Sonia Rogers)
Ansbacher Report, Appendix Volume 12 (Des Traynor)
Ansbacher Report, Appendix Volume 13 (Blue Jeans Limited & JB Agencies)
Ansbacher Report, Appendix Volume 14 (Harold Murray)
Ansbacher Report, Appendix Volume 15 (James McCarthy)

The tax defaulters list; June to September

The Revenue Commissioners published their quarterly list of tax defaulters during the week. It’s always worth a scan through if you’re a nosey bollocks who doesn’t like tax avoiders journalist at a loose end.

Revenue Tax Defaulters List for June 1 to September 30 2009

€179.4m was recouped altogether, with details of the big-baddies being made public. It was a colourful bunch this time too, a postman, the owner of a lap-dancing club, a taxi driver, a singer and – with impeccable timing – a priest, were all amongst the redden-faced. The usual types were in there of course also – property developers, construction industry types, farmers, auctioneers, company directors, etc.

The papers and broadcasters, as is their perogative, covered the stories of the lads and lassies fined big numbers. I prefer the other stories though, the ones that tend to get glossed over… you know, the people fined just forty or fifty grand – as opposed to millions – for trying avoid contributing to the country’s coffers…

It’s been a tough few months for Michael McDarby and Séan Acton. Back in February 2008 the two lawyers from Mayo were dragged before the Solicitor’s Disciplinary Tribunal (SDT), where they were found guilty of eight counts of professional misconduct. An embarassing incident, no doubt. According to the Mayo News, the counts included… Continue reading “The tax defaulters list; June to September”

More Anglo FOIs

Deputy Joan Burton (Labour) has been kind enough to share more of her Freedom of Information requests relating to Anglo Irish Bank. I have scanned and OCRd these documents for easy searching. If any other TDs wish to share their requests, please contact us.


Burton 1 (Ireland notification to EC)

Burton Anglo 2
Burton Anglo 3 (Result of appeal for internal review)

Burton refusal

Anglo 3 is interesting. It contains an email to the Financial Regulator Patrick Neary on October 11, 2008:

Min v anxious that we have the pwc work on anglo asap so that we understand their book in detail – sees them as most likely source of trouble, esp given share price movements during the wk

It also contains this email from John Paul Coleman at Anglo, dated January 20, 2009:

Marie,

As discussed as at the 30th September 2008 (last published accounts) the Bank had €2.835 billion of perpetual bonds not guaranteed under the scheme.

This includes the Banks GBP300million preference shares (€371 million at 30th September).Attached is the note which will be in the Banks annual accounts showing this for September. The note has both dated and undated but I have highlighted the undated (perpetual) bonds.

Any additional information needed please let me know.

Regards,
John-Paul

BOI & AIB: A year? More like a week…

Four days ago on this site I noted Miriam Lord’s article in The Irish Times about representatives of Bank of Ireland and AIB appearing before the Oireachtas Finance Committee. Ms Lord wrote…

The Bank of Ireland went so far as to say it wouldn’t have to go back to the Government next year for a further handout. Sheehy was similarly upbeat about AIB.

Today RTÉ Business Editor, David Murphy spoke on the One O’clock News (TV) on the likely repercussions of this NAMA-related story

Previously people expected that the discount on the loans would be in the region of 18% for Bank of Ireland. [Today] Bank of Ireland has got more information regards how the loans will be valued and it has checked it against its own loan portfolio and as a result it has given a broad hint that the figure will be 25%. That’s a big change there, that means they will require more capital…

Later on the Six One Mr Murphy went a step further…

Bank of Ireland had expected a discount of 18% on the €16billion of loans it will transfer to NAMA, now that discount will be more like 25%. That means the bank will need more capital, potentially a billion euro more than expected.

If things are bad for Bank of Ireland they are worse for AIB which is to transfer a much bigger €24 billion of loans to NAMA.

The weaker position of both banks means using the stock market to raise funds is a less likely option. The only alternative is getting State money to stay above water.

RTE News understands one option under consideration by Government is for the State to convert the €3.5 billion already given to both banks into ordinary shares to plug the gap in their finances – but that would imply massive state shareholdings.

It looks like Cearbhall was right to be sceptical…

What I find odd – and believe me I’m no business expert – is during the cited exchange at the Oireachtas Finance Committee Deputy Michael McGrath said to Richie Boucher of BOI that the discount was never going to be near 18%. Not that he should have needed notifying. This, Mr Boucher conveiniently ignored in his reply…

Richie Boucher: … Bank of Ireland’s modelling, based on various assumptions with regard to what could be the discount, means that we can take the discounts that might be envisaged and still be in a position to meet the regulatory capital requirements. However, in the medium term we will be obliged to look to the level of capital that is appropriate. The level of capital we require is also proportionate to our balance sheet.

Deputy Michael McGrath: Realistically, if the write-off is going to be of the order of 30%, or a further €4 billion to €5 billion, what level of additional funding – whether from the State or from international investors – would the bank require to satisfy the requirements of the markets?…

Richie Boucher: …Based on the modelling we have carried out, our core tier 1 capital will be significantly ahead of the regulatory requirements and will in fact be such that we believe it will satisfy the bond markets on which we are reliant. We are satisfied, taking into consideration the potential discounts we would be obliged to accept in respect of the transfer of such loans, that the bank will be significantly in excess of the requirements relating to its being able to continue to fund its balance sheet on the markets. I do not believe that this will be an issue.

More interesting searches

Like Mark explained last week, we are closely watching the search strings and IP addresses of visitors. Today another one popped up. On Friday I submitted an FOI request to the Comptroller & Auditor General, located at the Treasury Building in Dublin. They would have received my request today.

And today this search:

Search Engine Phrase “gavin sheridan”
Search Engine Name Google
Search Engine Host www.google.ie
Host Name h137-191-239-45.gn.gov.ie
IP Address 137.191.239.45 [Label IP Address]
Country Ireland
Region Dublin
City Dublin
ISP Treasury Bldg
Returning Visits 0
Visit Length 2 mins 59 secs
VISITOR SYSTEM SPECS
Browser IE 7.0
Operating System WinXP
Resolution 1024×768
Javascript Enabled

It is certainly interesting. I would imagine it is curiosity, or perhaps even a desire to know the purpose of my request. However, it is also worth noting Section 8 (4) of the Freedom of Information Act:

Subject to the provisions of this Act, in deciding In deciding whether to grant or refuse to grant a request under section 7:
(a) any reason that the requester gives for the request, and
(b) any belief or opinion of the head as to what are the reasons of the requester for
the request,

shall be disregarded.

Searching for who I am after my request has been submitted is a curious one. Legally, the reasons for my request are irrelevant to the Deciding officer or the FOI officer.