Tag: FOI

Fás Internal Audit (INV 137) now online

TheStory has obtained a copy of the internal audit which triggered the recent C&AG report into Fás and we’re digging through the details. We believe we have uncovered a mass of new information, the details of which we will publish early next week.

For now, we’re simply going to put the document into the public domain. It is heavily redacted.

However, The Irish Times has seen an unredacted version and reported some of its contents. The Sunday Times has also covered the story in some depth, including this piece, probably the most comprehensive one on the subject.

The document also contains two names which, it appears, were accidentally unredacted. As we are most unlike other media, who have teams of lawyers to check each item published for legal issues, we have added redactions ourselves in those two areas. This is simply us being highly cautious. But we assure you, the unredecated names will be published once we get advice on the matter. Note: Our redactions are on page 7 and page 31.

The audit was the result by an anonymous letter sent to Mary Harney in 2005, when she was Enterprise Minister. The letter made seven allegations specifically against Greg Craig, who was the director of corporate affairs in Fás at the time. It is important to note that the audit team found “no evidence” to support six of the seven allegations and that the one other was only partially true. Mr Craig is now director of health and safety in Fás following a period of paid suspension.

While our digging has uncovered, we believe, some odd connections between some companies named in the report and various other people of interest, we’re at a loss in some areas.

We’d appreciate help uncovering information about a number of companies and one individual. In particular we’d like to answer the “how did…” type questions raised about them in the audit.

The companies are:

Ultimate Communications, directed by Niall Gallen and Audrey Browne. We’d like to know if this company had any connection with Greg Craig (who appears to have known many of the contractors personally or have dealt with them professionally for a long period) or political parties. The company has an address in Kiltallaght House, Grangebellew, Co. Louth. They were contracted to build the Fás website 10 days after they incorporated and received €3.55m worth of work from Fás in their first year operating.

Helm O’Connor O’Sullivan, directed by Donald Helme and Dale Parry with an address in Serpentine Avenue, Ballsbridge. An advertising agency.

Posterplan Ltd (now called Kinetic Advertising), directed by Brian Townshend, Carol Ann Hogan and Simon Rupert Durham with an address at 31 Ballsbridge Terrace. Shareholders include POA Holdings Limited. Posterplan are a well-known company who sell advertising space on billboards, bus shelters and the likes…

Display Contracts Ltd, directed by James O’Brien and James O’Brien Junior with an address in Beau Lane House, Mercer Street, Dublin 2. Shareholders include Adrienne O’Brien, James O’Brien, James E O’Brien, Margaret O’Brien, Nofleen O’Brien, Paula O’Brien and Tony O’Brien.

“Design House“, the only information we could uncover about this company is in the report, it says it is directed by a Robert Saunders.

We’d also like to know the name of a “daughter of a well-known property developer and friend of Greg Craig“. That’s how she is described in the report. We have an idea as to their names but would like confirmation, or an additional lead.

Of course all of these companies and individuals were surely operating entirely lawfully in all of their dealings, including those with Fás, but we’d like to know a little more about them, how their structured, and their contact, if any, with Fás and in particularly, Greg Craig.


Tips can be sent to tips [at] thestory.ie or we can be contacted individually via coughlanmp [at] gmail.com or gavinsblog [at] gmail.com

More early next week…

JO'D expenses and allowances documents

Update: Word reaches TheStory that these documents were dumped solely because they were released to The Sunday Tribune earlier today via FOI at the cost of €600.

The Tribune were charged for the documents (€600 is a massive fee for an FOI) then they were put in the Dáil library almost immediately.

This is the most incredible behaviour from John O’Donoghue in attempting to get one over The Sunday Tribune who have consistently been a thorn in the side of expense-account-abusing public representatives for the last number of months.

John O’Donoghue clearly realises he can only hide for so long.

Update 2:

I have tabulated the foreign travel into a spreadsheet.

Total cost for foreign travel, 2007 – 2009: €89,277.74
Total cost for official entertainment: €5,010.15
Total cost for domestic travel: €13,305.57

All credit to the Sunday Tribune and Ken Foxe for getting this information out. Albeit earlier than they had intended – Gavin

Update 3:

All receipts (PDFs):

Explanatory document on CC expenses

Schedule 1 – Allowances and Expenses
Schedule 2 Domestic flights
Schedule 3 Details of foreign travel
Schedule 4 – Official entertainment

DOC

Domestic Travel 1
Domestic Travel 2
Domestic Travel 3
Domestic Travel 4
Domestic Travel 5

1 Stop Shop Constituency Expenses
—

John O’Donoghue’s cost claims while Ceann Comhairle were unexpectedly put into the Dáil library today – yes, a Friday, the Friday before Lisbon results, no less.

I’m told they are absolutely massive, far too big to send in an email, but the House of the Oireachtas press office has kindly supplied me with partial summaries. They’re all linked below…

I haven’t had time to check them out, I’m working on another project – all I spotted was the number of flights between Dublin and Kerry. It looks like he flew from one to the other once a week on average between June 07 and December 08. Where was his ministerial car? I hope it wasn’t following him down on the road, as I’ve heard some ministers have ordered in the past.

Anyway, enjoy…

Overview of all payments to current Ceann Comhairle from the House of Oireachtas

Details of expenses and allowances claimed by Ceann Comhairle from Houses of Oireachtas

Details of domestic flights taken by CC

Details of foreign travel undertaken by CC

Library version of official entertainment bill

Remember, down the bottom of each spreadsheet may be a number of other tabs, what you see initially may only be part of the story.

You can gain access to the Dáil library and examine the documents in full yourself. I plan on doing so on my next day off, sometime next week.

Mary Hanafin's trip to India

In 2006 the Government went on a trade mission to India. Mary Hanafin as Minister for Education went along. I put in the following FOI request:

1) The Minister’s schedule and appointments between January 1, 2006 and March 1, 2006.

2) A breakdown of flight costs, accommodation costs, hospitality costs, and any other costs borne by the Department for a trip taken by the Minister to India in January 2006, and a breakdown of any expenses claimed.

I will upload the schedule later. The total trip cost €26,421.14. Flights cost €20,912.84. Ms Hanafin’s flight alone cost €8,990.28.

For now, here is the spreadsheet of costs (go to the bottom of the sheet and click “costs India trip” :

Hanafin India 2006

I do not believe removing the names of other people who went on the trip is warranted under Section 28 (1) (personal information). I may appeal this element of the request.

Sean FitzPatrick's loans

The Independent leads tomorrow with a story about €100m in outstanding loans on which former Anglo Irish Bank chairman Sean FitzPatrick is apparently not paying interest. That’s an interest bill of €400,000 a month, but no repayments are being made.

This actually partly relates to my story the other day about Anglo-Irish Nominees Ltd.

We know Mr FitzPatrick had personal loans from Anglo. But those loans did not include lending like the Atrium deal set out here. Money was lent to a company in which he appears to have had a beneficial interest. I wonder how much of Anglo’s lending related to Mr FitzPatrick’s personal interest in investments? This is on top of the personal loans we are already aware of.

The shareholders in Tysan, John Kerry Keane, Paul Coulson, Denis O’Brien, Lindat Limited, Lar Bradshaw, Sean Fitzpatrick, Gary McGann, Paddy Wright, Sean Melly, Pat Gunne, Longstone Estates Limited and Lochlann Quinn, don’t seem to have invested anything in the company apart from €3k share capital.

The liabilities of the company are pretty much all bank loans. The charge indicates there is no personal recourse to the borrowers. Anglo funded €70m of the purchase in 2005 and the 2006 accounts for Balcuik show an “ultimate shareholders loan” of €30m (probably lent by Anglo). The property was then revalued to €137m, handy that, and Anglo increased the borrowings and repaid the €30m to the shareholders. So there is no equity. Anglo get arrangement fees of around €2m and as much interest as possible and probably all of the risk.

And how many more of Anglo’s staff have loans, directly or indirectly, with Anglo?

And how many of these loans are going to be written off at taxpayer expense?

And of course the other question is this:

When Brian Lenihan met Sean FitzPatrick on September 18, 2008, the same day the first PwC report was requested, was Mr Lenihan, or the Regulator or Central Bank, already aware or made aware, of the extent of Mr FitzPatrick’s loans, direct or indirect?

It seems to me that when the results of that first PwC report on Anglo were given to the Government on September 27, just two days before the night of the bank guarantee, the Government, or its regulatory agencies, or Mr Lenihan himself, must have been aware of the extent of Mr FitzPatrick’s loans. The loans were too big for them not to be aware.

And were that the case, Anglo, including all of its deposits and liabilities, was guaranteed despite that knowledge.

Why?

Reports prepared for NAMA

Some time ago I sought the following information from the Department of Finance:

1) The titles, dates and authors of all cost-benefit analyses, impact reports or preparatory reports that have been carried out by the Department in relation to NAMA

2) The titles, dates and authors 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 NAMA

Outside of the FOI (though I still intend pursuing this information through FOI, whether or not it is rejected) I received the following information:

Merrill Lynch (engaged by NTMA)

A number of reports setting out options for the Irish banking sector, including the treatment of impaired assets

PwC (engaged by Financial Regulator)

Various reports produced by PwC, including due diligence on covered institutions arising from the Government guarantee Scheme and recapitalisation programme (in cases with the input of Jones Lang LaSalle)

Arthur Cox

Various legal assessments of covered institutions arising from the Government guarantee Scheme and recapitalisation programme

Peter Bacon, Special Advisor to the Minister / NTMA

Evaluation of options for resolving property loan impairments and associated capital adequacy of Irish credit institutions: Proposal for a National Asset Management Agency and associated required policy initiatives

Rothschild (engaged by NTMA)

Various reports and inputs into the preparations for the establishment of NAMA

Central Bank & Financial Regulator Reports

Various reports produced within normal operating parameters as well as certain assessments of the impact of contingency proposals

HSBC (engaged by NTMA)

A number of reports produced for the interim NAMA and the Minister

NTMA is a curious entity. Back in May were were promised salary scales for NAMA. Have you seen any? The salary of Mr Somers, the head of the NTMA is also secret, apparently. I feel another FOI request coming on.

Some questions for Mr Lenihan

The Daily Mail and Sunday Times have commented already on Lenihan’s diary as published here last week. The Daily Mail concentrated on the meeting with Stephen Schwarzman of Blackstone on November 12, 2008. The Sunday Times was more concerned with all the constituency work Mr Lenihan was doing when he perhaps should have been doing more important work.

For my own part I’ve been parsing the document to see what dates coincide. I’ve also drafted and sent two follow up FOIs on the basis of information gleaned from Mr Lenihan’s diary. There will likely be follow ups to those too.

However, the diary itself raises a number of questions that I will list here.

1) Why was a meeting with Sean FitzPatrick on September 18 not listed in the diary?

2) Were instructions given by the Minister to PwC, following the meeting with Mr FitzPatrick, to begin its inquiry into Anglo?

2) What was the purpose of the meeting with Pat McLoughlin of IPSO on September 25? Was this related to lobbying in relation to cheque usage and ATM charges?

3) On the night of the bank guarantee, September 25, who was present at the Department of the Taoiseach with Mr Lenihan and Mr Cowen? No names are listed in the diary, but names were reported in the media.

4) What was the purpose of the meeting with Independent News & Media chairman Brian Hillery on October 31, 2008?

5) What was the purpose of the meeting with Ivan Yates on November 5, 2008?

6) What was the purpose of the meeting with Stephen Schwarzman of Blackstone on November 12, 2008, and with James McGuill of the Law Society the same day?

7) What was the purpose of the meeting with Michael Ryan and Paul Ryan of Merrill Lynch on November 13, 2008?

8 ) What was the purpose of the meeting with Andre Orcell of Merrill Lynch and then Lochlainn Quinn on November 24, 2008?

9) What was the purpose of the meeting with Sean FitzPatrick and Donal Drumm of Anglo, on December 16, and why does the diary entry merely list the meeting as “Anglo Irish” instead of their names?

10) Why is there no mention of any meetings with Patrick Neary, the then Financial Regulator, right up until his resignation on the night of Friday, January 9?

11) What was the purpose of the meeting with property developer Stephen Vernon of Green Property on January 30, and with Axel Wieandt of Hypo Real Estate on the same day?

12) What was the purpose of the meeting with Rick Lazio of JP Morgan Chase (who ran against Hilary Clinton in New York in 2000) on April 24?

Those guidelines cited for the Golden Handshake

“The severance package adhered to the guidelines set down by the Department of Finance“, they say. They being Tanaiste and Minister for Enterprise, Trade and Employment Mary Coughlan, Taoiseach Brian Cowen, Minister for Justice Dermot Ahern, Minister for Finance Brian Lenihan and various other senior Government figures, including some Greens.

The guidelines they refer to are from a memo sent by the Department of Finance’s Head of Public Service Management and Development to all other government departments on the 26th of May 1998. It was titled “Severance and Early Retirement for Chief Executives of State Sponsored Bodies”.

You can read it below yourself, the bolding is my own. For your information, the Tribune has Mr Molloy listed as 53 as of 2007, making him around 55 or so upon the end of his contract. Also remember that Mr Molloy was head of the Institute of Public Administration until last week, which is a part-publicly-funded body, though he was unpaid (which makes it a grey area in employment law).

—

A Chara,

Severance and Early Retirement for Chief Executives of State Sponsored Bodies Continue reading “Those guidelines cited for the Golden Handshake”

Mary Coughlan’s talking points

Last month I sent the following Freedom of Information request:

FOI Unit
Department of Enterprise, Trade and Employment,
Kildare Street,
Dublin 2,

August 13, 2009

Request for access to records under the Freedom of Information Acts 1997 and 2003

Dear Sir/Madam,

In accordance with Section 7 of the above mentioned act, I wish to request access to the following records which I believe to be held by the Department of Enterprise, Trade and Employment (“the Department”):

1) The portfolio prepared by the Department in advance of Mary Coughlan (“the Minister”) becoming Enterprise Minister on May 7, 2008, in order to brief her on her new role.

2) All briefing notes prepared for the Minister for an interview on RTE Radio with Marian Finucane, in March 2009.

3) All correspondence between John McGuinness TD and the Minister between April 1, 2009 and May 15, 2009. By correspondence I am referring to all written communications such as email, letter, memo etc sent from Mr McGuinness to Ms Coughlan and from Ms Coughlan to Mr McGuinness or either of their respective offices.

My preferred form of access to these documents is in digital (PDF/doc) format.

If you decide to request further payment I would like to be provided with an itemised fees receipt outlining precisely why an additional cost is required.

Please find enclosed a cheque in the amount of €15 in respect of the fee for a request under the Acts. I look forward to hearing from you in the time period prescribed under the Acts.

Please contact me by email to discuss any problems which may occur with this request.

Call it a curiosity FOI. The portfolio in 1) was mentioned by Coughlan herself during the course of the interview. For some strange reason, it is not included or referred to in the reply. I will be following up 1) this week.

I am *always* curious to know what briefing notes are prepared for ministers in advance of radio interviews. After listening to her interview with Marian Finucane in March, I was curious to see what had been prepared. A recent falling out with Mr McGuinness also formed part of the request, but not much resulted from that, as I more or less expected. They don’t write down much these days.

But Ms Coughlan’s “speaking points” are interesting. I will be seeking more of these in the coming weeks from other departments. It gives us an insight into what spin is being used by ministers, what are the rehearsed talking points, and might tell us just how much (or how little) ministers know what they are talking about.

Mary Coughlan FOI Including letter to John McGuinness and talking points for Marian Finucane interview. You can listen to that interview here (via realplayer).