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1 Cormac McQuinn
June 22 2017
Garda Commissioner Nirn OSullivan and Deputy Commissioner
John Twomey arriving at the Public Accounts Committee. Photo:
Tom Burke
European Union watchdog OLAF is poised to probe the suspected fraudulent
use of EU funds provided to garda which ended up in a mysterious Dublin
bank account.
The statement said that after this initial assessment, OLAF will decide
whether or not to open an investigation.
It said the assessment "does not mean that the individuals are guilty of any
wrongdoing" and that "OLAF fully respects the presumption of innocence".
"At this stage, OLAF will not issue further comments," the statement said.
She told the Dil's Public Accounts Committee (PAC) she did this after the
head of the Garda internal audit unit, Niall Kelly, provided her with a report
on the matter that day.
Ms O'Sullivan refused to name a former senior garda who was the most recent
signatory of the bank account, saying there has to be "due process and fairness
to individuals".
She indicated that the account had different signatories over the years it was
in existence - 1999 to 2010 - and the most recent is "a retired senior officer".
Ms O'Sullivan told TDs that the account was open between 1999 and 2010 and
it contained 90,000 at its height. She rejected suggestions it was
"convenient" that she couldn't answer some questions due to the matter being
referred to GSOC, saying that "under no circumstances" was this done to
"keep it from public view".
Meanwhile, the force last night refused to answer any questions about a 2010
email written by its finance boss Michael Culhane to the Department of
Justice.
In the email, Mr Culhane appears to suggest that he indicated that
Templemore Training College had "charitable status" in a letter to Revenue in
order to "muddy things up".
Fianna Fil TD Marc MacSharry revealed the email during the PAC's meeting
on Tuesday and said it was "particularly troubling".
The Irish Independent asked for a statement from Mr Culhane or the Garda
seeking clarification on what was meant by the "muddy things up" remark.
http://www.independent.ie/irish-news/eu-fraud-watchdog-set-to-
probe-mystery-garda-bank-account-35853833.html
Fianna Fil TD Marc MacSharry last night said that it is "essential" that public
confidence in the Garda is restored and that "without prejudice to ongoing
investigations" the Taoiseach "must step in now and have Cabinet replace the
Commissioner".
Labour TD Alan Kelly said he doesn't believe Ms O'Sullivan has the confidence
of the Dil and added: "The Garda Commissioner should resign, and if she
doesn't resign the Government should remove her."
Sinn Fin TD Mary Lou McDonald argued in the Dil that public confidence in
Ms O'Sullivan is "in tatters".
She also claimed Ms O'Sullivan "misled" the Comptroller and Auditor General
(C&AG) by providing an assurance about the integrity of Garda finances in a
letter sent on July 31, 2015, days after she says she first learned of issues about
the finances at Templemore.
At the PAC, Ms O'Sullivan said at the time she wanted more information on
the "complex" issues involved but that if she "knew then what I know now"
she would have contacted the C&AG about the college at that point.
He conceded that public trust has been "strained" due to revelations about the
Garda in recent times.
Mr Varadkar said the Government has a duty to restore this trust - adding that
the best way to do that is "a thorough investigation of all the allegations that
have been made".
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The Taoiseach said Ms McDonald was contending that various ongoing
investigations, including the Charleton Tribunal examining the treatment of
Garda whistleblowers, should be bypassed with a "rush to judgment". He said:
"I don't believe in summary justice or kangaroo courts."
She told RT it was a "legitimate question" to determine if there was "a sense
of sexism" in Garda culture that "might impede her carrying out her tasks".
http://www.independent.ie/irish-news/politics/osullivan-faces-renewed-calls-
to-go-over-college-finances-furore-35853832.html
Taoiseach thrown in at
the deep end as he heads
to Brussels
1
Today Taoiseach Leo Varadkar will meet with the President of the
EU Council, Donald Tusk, and Commission President Jean-Claude
Juncker
John Downing
June 22 2017
Taoiseach Leo Varadkar will be advised to pack several changes of shirt, and
keep a good supply of coffee close by, as he attends his first EU leaders
summit in Brussels today.
Todays proceedings will be divided into two sessions. The first beginning just
after lunch will include Britain and all the other EU states.
But the two days of talks in Brussels will offer Mr Varadkar an opportunity to
change the agenda away from the damaging controversy about the
appointment of the former Attorney General to be a judge at the Court of
Appeal.
Today the Taoiseach will meet with the President of the EU Council, Donald
Tusk, and Commission President Jean-Claude Juncker. Tomorrow he will sit
down to a private meeting with German Chancellor Angela Merkel.
The new French president, Emmanuel Macron, will also be attending his first
EU leaders summit since his election last month. Officials expect Mr
Varadkar will also have an opportunity to speak with Mr Macron.
Irish officials said the Taoiseach will report from his meeting in London with
British Prime Minister Theresa May. He will again reiterate Irelands policy of
remaining at the heart of the EU, in spite of the departure of the countrys
biggest trading partner. Mr Varadkar (inset) is expected to thank the other EU
member states for giving priority to Irelands case regarding Brexit. But he
will stress Irelands keen interest in moving the Brexit talks to dealing with the
future EU-UK relationship as quickly as possible. EU officials are insistent this
cannot happen until the separation terms, especially UK contributions of up to
100bn, are seriously advanced.
EU officials were last night assessing the programme outlined by Mrs May in
the Westminster parliament. The Queens Speech included eight separate
pieces of legislation related to Brexit and is obviously aimed at clearing the
way for Britains eventual departure from the EU in March 2019. Unhappily
for Ireland, this speech had all the hallmarks of committing to a so-called
hard Brexit.
Mrs May will try to pass a large suite of bills returning powers to London on
topics like trade, customs and immigration. The British government also plans
to pass legislation on agriculture and fisheries.
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It will, as signalled by Mrs May last autumn, push ahead with a Repeal Bill.
The name is more than a little misleading because it will effectively transfer
EU law onto the UK statute book, a move that will ensure continuity and avoid
a legal vacuum.
The speech and what follows is also a critical test of Mrs Mays authority,
which is seriously impaired after the general election. There is every chance
she may not get enough votes in the House of Commons to support the broad
thrust of her programme.
In that event, her government will almost certainly fall. Mrs May has resolved
to work with humility and resolve to see Brexit through.
Her weakened position does not help ensure a smooth negotiation process.
More optimistically, Brussels diplomats stress avoiding a hard Border
between Northern Ireland and the Republic remains the key challenge for
Brexit negotiations. Brussels diplomats are speculating Mrs May could offer a
post-Brexit deal guaranteeing rights of EU nationals in Britain.
http://www.independent.ie/irish-news/politics/taoiseach-thrown-in-at-the-
deep-end-as-he-heads-to-brussels-35853909.html
1Editorial
June 21 2017
The revelation that EU money may also have been siphoned off adds to the
urgency of getting some straight answers. Ms O'Sullivan has visited the Public
Accounts Committee too often for us to know so little. Yesterday she had the
nonchalance of someone attending a summer barbecue yet found herself
turning on the spit, as the heat and temperature of the questions rose.
http://www.independent.ie/opinion/editorial/sorry-saga-is-risking-gardas-
good-name-35849672.html
A Templemore Timeline
June 20, 2017
This audit report was given to the Public Accounts Committee (PAC) in
March. Mr Kelly was asked to examine the Garda College after
concerns were raised by John Barrett, head of HR, in the summer of
2015.
The Garda College has since been the subject of three PAC meetings
on May 4, May 31 and June 14.
Mr Mooney reported:
In it Mr Kelly says:
1981: Noirin OSullivan attends the Garda College for six months as a
recruit.
A weekly grant/fee for food and lodgings, including laundry, for each
student. It is 77.92 per student per week.
May, 10, 2000 February 10, 2003: Four separate payments, totalling
100,000 in all, are transferred from the Garda College Sportsfield
Company Ltd to the Garda Boat Club a private sports club whose
members and managers comprise mainly of serving and retired gardai
and their families. The 100,000 is the largest transfer to a sports club
from the Sportsfield account.
Head of Internal Audit Niall Kelly later says in his internal audit report
that Mr Fitzgerald told him:
2005: Under the Garda Siochana Act 2005 and in an apparent move
towards financial accountability and transparency the
Accounting Officer of the Garda College becomes the Garda
Commissioner of the day. Until 2005, it had been the responsibility of
the Secretary General of the Department of Justice.
In addition, land and buildings in the entire estate of An Garda
Siochana become the responsibility of the Office of Public Works
(OPW) and the Gardai Commissioner is now precluded from
owning land.
2006: Concerns are first expressed about finances in the Garda College
in an incomplete and unfinished audit conducted by the Garda Internal
Audit Section (GIAS), a year before GIAS is restructured. It is not known
who wrote this report.
December 14, 2007: A letter is sent from Revenue confirming that VAT
registration has been cancelled on the Garda Siochana Golf and
Leisure Club.
The McGee report finds the main source of income for the College
Restaurant is the Department of Justice, in the form of weekly
allowances 71.42 per student, per week for those boarding at the
college. Its paid directly into the College Restaurant bank account
and is a charge to the Garda Vote (Garda expenditure voted, and
agreed to, every year by the Dil).
There are financial control and governance issues associated with this
process, as there are no segregation of duties involved and no
sanction is sought from the Finance Directorate in relation
to these payments.
The McGee report also notes that source documents, such as invoices,
pre-2007, are not archived or kept, therefore breaching the seven-
year rule of maintaining source documentation.
College Shop
According to the McGee report, the main income of shop is the sale of
goods to students. There are also cheques from the college
administration account receipted by the College Shop. The main
expenditure of the Shop is stock and payroll.
This is due to staff from the restaurant working at the shop. One
person who works at the shop is an employee of the Department of
Justice.
In addition, the administrator for the shop is the same as for the
restaurant who is at the rank of superintendent.
Sportsfield Company was set up in 1992 and used to develop assets for
the college. It acquired land worth 48,188 and then went on to develop
various sporting facilities.
The McGee report says:
Money from the College Restaurant is not only used to develop the
Sportsfield asset base, its also used in the day-to-day operation of
Garda Sportsfield Ltd.
McGee says:
Laundry Account
Welfare Account
April 2008: The McGee report is finished. Many of its concerns will
be identified again in a report by Head of Internal Audit Niall Kelly
some nine years later, in 2017.
But the McGee report is not given to the GIAS (Garda Internal Audit
Section) and, according to Niall Kelly, in his 2017 report, was only
discovered as part of this [interim 2017] audit in June 2016.
This did not happen and Mr Culhane did not follow up on this.
2008-2009: Efforts made by the head of internal audit Niall Kelly, to get
a copy of the Barry McGee report are unsuccessful.
Niall Kelly tells a meeting of the PAC, on May 31, 2017, that Deputy
Commissioner Nacie Rice did not seek his advice before sending this
note to the Garda Commissioner and that, if Deputy Commissioner Rice
had, Mr Kelly would have told him that this was contrary to section
C5.19 of the Public Financial Procedures which, under the heading
Exchequer Extra Receipts says:
He says:
April 1, 2010: A letter from Revenue confirms tax exemption for the
Garda College Sportsfield Co Ltd on the basis of it being for the
sole purpose of promoting athletic or amateur game or sport.
April 15, 2010: Chief Administration Officer John Leamy sends a letter
to Michael Culhane saying:
This rent was collected even though the Office of Public Works (OPW)
legally owns the land and only the OPW is legally entitled to any money
derived from the land.
Dromard Farm was bought by OPW in 2007. Its about 5km from the
Garda College. After the property crash, the site lay idle for several
years and, following complaints from neighbouring farms (about
overgrown weeds), it was decided to lease the land out to local farmers.
In addition, money from the rental of Dromard Farm, via the College
Restaurant account between 2010 and 2013, was spent on, among
other things:
Fetac entertainment
Garda Boat Club sponsorship
Entertainment
Lyons Club Donation
Presentation on retirement
Presentation on transfer Supt
Sponsorship
Murphys restaurant entertainment
Presentation on Retirement AC
Fiacri House Restaurant Retirement
Presentation to Commissioners Retirement
St Josephs National School donation
Special Olympics
Later, in 2017, the head of internal audit Niall Kelly recommends that
that the 124,903 collected for the rent of Dromard Farm be
transferred to the OPW and that it should be paid from the Garda
Vote.
These transfers are made to keep the restaurant going when student
numbers are low.
March 2, 2011: Niall Kelly, head of internal audit, forwards the first draft
of his report in respect of the 2010 financial controls to the Garda
Commissioner Martin Callinan.
During the course of this audit work we became aware that the
Finance Directorate were actively writing a report on the
finances in the college. At that point (December 2009) we
suspended our audit pending the conclusion of the Finance Directorate
Report. We have sought access to this report [the Barry
McGee report] on several occasions since but have been told
that it is still in draft, a version of the report has however
been provided to management in the college.
On May 31, 2017, John Barrett refers to this letter at a meeting of the
PAC and says it is evidence of the fact that there was an awareness of
these issues on that date at the apex of the organisation.
March 4, 2011: Niall Kelly receives a note from the chief administrative
officer headed urgent. Attached to the note was another note from the
Garda Commissioner (the Garda Commissioner at this time was Martin
Callinan) saying that a report should be given to Mr Kelly but this was
not the McGee report. Instead, he meant a summarised version of the
McGee report.
In this summarised report, Mr Kelly is assured by the Executive
Director of Finance Michael Culhane that the financial controls in
the Garda College have been streamlined and improved.
Mr Kelly, in turn, deletes the paragraphs (in italics above) from his final
version of the Report to the Garda Commissioner in relation to Financial
Controls in 2010.
Mr Kelly later tells PAC (on May 4, 2017) that his deleting of the
paragraphs was a mistake. Asked if he felt duped, at the same PAC
meeting, he says he did. He adds:There was a culture of circling the
wagons and I got caught trying to bang into the wagons.
2012: From 2012, Supt Pat McCabe is once again the Administrator of
the Garda College Restaurant.
I was asking questions in 2008 and 2009 but I was not getting
answers. In March 2011, in relation to the 2010 accounts, I got
assurances that issues were being addressed. What happened in 2011
was that effectively the college closed and there was very little activity.
Between 2011 and 2014, if I had gone to audit I probably would not
have found anything because effectively we were doing nothing. In
2014-2015 these issues started arising again. In 2016, we were
brought in to do the audit.
October 3, 2014: John Barrett takes up his role as the first civilian
Executive Director of Human Resources and People Management at An
Garda Siochana seven years after such a role was first recommended
in the Hayes Report of 2007. For the previous 25 years, he worked for
large multinationals.
June 11, 2015: John Barrett meets the clerk of the Garda College, Sgt
Ollie Nally and Carmel Lynagh. He has 14 questions he wants
answered.
June 15, 2015: John Barrett attends a meeting at the office of the CAO.
Others in attendance include Cyril Dunne, Michael Culhane, Alan
Mulligan, and Sgt Siobhan Brown. Mr Barrett explains that the 2015 HR
budget was in good order, except for the Garda College. Mr Barrett
requests that Mr Culhane help him get to the bottom of a number of
things which were a cause of concern to me from my meeting with
College Finance Staff the previous Thursday [June 11]
June 17, 2015: Barrett raises his concerns about the Garda College at
the staff meeting of the CAO. Of this meeting, Mr Barrett claims:
At a meeting of the PAC on May 31, 2017, Mr Culhane says he did not
say this.
Mr Barrett asked Mr McGee to print two copies and to give one to him
and one to CAO Cyril Dunne.
June 18, 2015: Mr Barrett had a meeting via video with the CAO and
others in HQ from the Templemore video room. After the meeting, Mr
Barrett spoke to the CAO Cyril Dunne one on one. He expressed his
grave concerns and Cyril Dunne agreed that there was no place
for shadow entities and invisible and off GL/Off Balance sheet
operations. Mr Barret also asked Mr Dunne if he had got the McGee
report. Mr Dunne said he hadnt see it yet. Mr Barrett said hed make
sure Mr Dunne got a copy.
At around noon, Sgt Ollie Nally visited Mr Barrett in his office to tell
him that the College Administrator Supt Pat McCabe, who had
been in Dublin that morning, was coming to Templemore to
discuss the issues with Mr Barrett.
When Mr Barrett deliberately (to see his reaction) asked about the
Restaurant and Shop, Sgt Nally said Supt McCabe would speak to
him about that.
Mr Barrett then telephones CAO Cyril Dunne to tell him about his
meeting with Supt McCabe.
Mr Barrett says:
For his part, Cyril said he had got the report [McGee report]
but not as yet read it. He had, however, made some enquiries
and he confirmed that there was a nasty smell of the answers
he had been given so far. I undertook to Cyril to think some more
on it over the weekend and to have a clearer view for him when he
would return from vacation.
Mr Barrett said he didnt think this was the case but, if it turned out to be
the case, hed ask for help from the head of finance Michael Culhane.
June 22, 2015: Mr Barrett goes to the office of the Head of Legal
Affairs Ken Ruane and asks him for his advice. Mr Ruane is not fully
aware of Mr Barretts concerns, or of all the details of the McGee report,
and advises in the strongest possible terms to ensure that this
matter was dealt with openly and transparently and that approach
had to be the new orthodoxy in AGS, irrespective of who might
seek to oppose it.
According to Mr Barrett:
Later that day, Mr Barrett speaks with Barry McGee, in Finance, who
tells Mr Barrett that he had been working on a variety of documents
and records of a contemporaneous nature that showed some of the
most fundamental risks were ongoing and that no fundamental change
had occurred in the arrangements whereby private and public money
was commingled and administered on a profit basis by an entity
outside the control of the statutory accounting officer and within
my remit generally in the College.
June 24, 2015: Mr Barrett calls CAO Cyril Dunne who sits on the
Audit Committee of An Garda Siochana while Mr Dunne was on a
weeks holiday. They discuss the Garda College issues. Mr Barrett
says: Cyril expressed his determination, having reviewed for the
first time a file which he had made available to him in his own
office, to deal with the matters fully and completely.
That afternoon, Mr Barrett was speaking with Supt Matt Nyland after
Supt Nyland offered to walk with Mr Barrett while he was going to meet
Assistant Commissioner John OMahoney.
Mr Barrett says
Matt suggested that this was well known and that it was up to others
in Finance etc to address this. I indicated to him that I was
troubled by his suggested approach, though I understood the
cultural warning, and concern for my personal
wellbeing that might be inherent in his suggestion.
June 25, 2015: John Barrett meets Superintendent Pat McCabe and
they spend two hours going through the history of events. They also
make a trip to Dromard Farm, the sports fields and the golf club.
Pat points out that as far back as two-plus years ago there
was a meeting to review these details and HOLA [head of legal
affairs] was present. The Head of Legal Affairs quite properly advised
that he could not deal with the business of [sic] no AGS entities were
involved. Mr Ruane recommended that the directors/administrators of
the entities seek independent advice. A firm of solicitors, OConnor &
Co, in Merrion Row, have been retained and notice to quit has been
served on the golf club some time ago.
Supt McCabe tells Mr Barrett that the Sportsfield Company Ltd used
proceeds from the Restaurant Account to buy two adjoining pieces of
land to the lands leased and they now form part of the golf course.
These acquisitions were enjoined into the folio of the OPW.
In addition, Supt McCabe tells Mr Barrett that the car park, tennis courts
and club house adjoining the land where the golf course is, is owned by
the AGS. Money from the Restaurant Account was used to develop and
support the tennis courts and club house.
Supt McCabe tells Mr Barrett the key decision makers in relate to the
Restaurant over the years were himself (Pat McCabe), Eoin ODonnell,
and Mick ORiordan.
Mr Barrett asks Supt McCabe about the reaction to the McGee report
and Supt McCabe tells Mr Barrett that the the 2009 review by Jack
Nolan for the Commissioner was certainly discussed at the
highest levels and certainly at the Commissioners Staff.
Supt McCabe said that, on foot of the reports, while some bank
accounts were closed and the laundry operation was shut down, the
core operation of commingling of public and private funds
through a private entity continued and continued to generate
profits.
After Mr Barrett expressed his concern about the need to examine the
processes and decision making involved, Supt McCabe said to him: It
never look right and it never was right.
Mr Barrett told Supt McCabe about how Chief Anne Marie McMahon
had said his requests for certain information would require a lot of work.
Supt McCabe said he would get Sgt Ollie Nally to send Mr Barrett
everything her had to hand.
Mr Barrett told Mr Barry about his meeting with Supt McCabe and how
Supt McCabe assured Mr Barrett that there was a high degree of
awareness of the matters at issue.
Mr McGee, who used to work in the C&AG office, told Mr Barrett that
the C&AG would be very concerned about the extent and duration of
this arrangement and that to his knowledge it had never been
made known to the internal audit function deliberately and as a
matter of decision rather than oversight.
Mr Barrett and Chief Supt Anne Marie McMahon agree to meet on July
2.
On the same day, June 29, Mr Barrett calls to the office of the
Head of Legal Affairs Ken Ruane and asks him for advice about
the matters he learned from Supt McCabe namely about the
unsigned lease, the missing bank draft, the golf club, etc.
Mr Barrett says Mr Ruane reiterated his view that this matter needed to
be brought into the light of day and he advised that the fullest rigours of
transparency should be considered necessary.
June 30, 2015: Mr Barrett meets the CFO Michael Culhane and Barry
McGee at Mr Barretts office to discus Mr Barretts concerns related to
the day-to-day management and control of costs in relation to the Garda
College and to tell them of the actions he had taken to investigate the
matters, including his meeting and tour with Supt McCabe.
Mr Barrett mentions how Supt McCabe said there must be a broad
level of awareness in both the Commissioners office and, to some
degree, that of the Department of Justice.
Mr Barrett says he feels Niall Kelly and Ken Ruane need to be involved
in the resolution process, and he is happy with how Mr Culhane and Mr
McGee engaged with the quest for resolution.
My logic was that this matter did (in my judgement) fit that
definition as it is of a material scale and has a substantial
political dimension to it likely to effect public confidence,
locally and nationally, most especially in the run up to a
general election.
Cyril said that while he was not ruling that out, he did not
think that the time was right now for a S41 [Section 41].
During his meeting with Mr Dunne, Eugene Banks, from the Department
of Justice rings. Mr Barrett and Mr Dunne speak to Mr Banks on
speaker phone.
Mr Banks says the Minister for Justice had received a letter from
Independent TD Michael Lowry about the Templemore Golf Club and
efforts by AGS to have the golf club removed fro the non-payment of
rent. Mr Barret is told Mr Lowry would be seeking a comprehensive
update on this matter in a few days.
After the phone call, Mr Dunne says the Garda College matters
were likely to become public.
Mr Barrett recalls:
In addition:
Also on June 30
Gardas HOLA Ken Ruane tells PAC, on May 31, 2017, that he met
head of human resources John Barrett on June 30, 2015, at 4.35pm,
and was told by Mr Barrett that issues relating to the college had
been reported to the Gardas chief administration officer Cyril
Dunne and that Mr Dunne had told him he had passed them on to
the Garda Commissioner Noirin OSullivan.
July 1, 2015: Mr Barrett learns that both Cyril Dunne and Michael
Culhane will be in the Garda College the following morning to address
the issues with Chief Superintendent Anne-Marie McMahon.
Mr Barrett calls Mr Dunne and asks him if he had told Chief Supt
McMahon of the planned change of agenda and Ms Culhane said no,
he did not feel the need to do so.
July 2, 2015: Cyril Dunne and Michael Culhane meet Mr Barrett in his
office at 9.30am, ahead of their meeting with Chief Supt McMahon.
Before the three men meet, Mr Barrett phones Chief Supt McMahon
and he tells her that Mr Dunne and Mr Culhane will be joining their
10.30am meeting.
The Chief pointed out that some two years ago there had
been a meeting to discuss the Sportsfield Company Ltd and
at the meeting were Ken Ruane HOLA and Michael Culhane
and Assistant Commissioner Fanning did not attend. The
advise given at that time by the CFO was to liquidate the
investments and this was followed.
Mr Barrett says the meeting finished just before 12 noon, for lunch, and
reconvened afterwards. It is then they agreed to go forward and
form a steering committeeto oversee the full and thorough review of
the matters arising.
In addition, Mr Dunne invites Chief McMahon to be part of the
steering committee, while a view is taken by Mr Dunne that Niall
Kelly should not be engaged in the work of the steering group.
Chief McMahon says she does not have a copy of the McGee report. In
turn, Mr Barrett has a copy made and gives it to her.
Later, at a meeting of the PAC, on May 31, 2017, Mr Barrett says of this
meeting:
Asked by Labour TD Alan Kelly, at the same PAC meeting on May 31,
2017, if Mr Culhane has a differing view of the meeting, Mr Culhane
says: No.
July 6, 2015: Mr Barrett delivers his report on the McGee and Nolan
reports to Cyril Dunne, as requested. This report is a ten-slide Power
Point deck entitled Summary of Issues Arising from the Reports and
Discussions Held at the Garda College on Thursday, July 2, 2015.
Mr Dunne later tells the head of internal audit Niall Kelly that he didnt
bring Mr Barretts report to the attention of GIAS and the audit
committee in July 2015, as he wanted to check the issues and gather
more information.
That afternoon, Mr Barrett meets the head of legal affairs Ken Ruane at
Mr Ruanes office, to update him on developments since their last
discussion.
July 27, 2015: Niall Kelly tells PAC, on May 31, 2017, that, on July 27,
2015, there was a meeting of all managers from chief superintendent,
head of section or principal officer grade upwards in Templemore on
the AGSs modernisation and renewal programme.
Garda Commissioner Nirn OSullivan tells PAC (May 4, 2017) the first
I became aware of the issue was on 27 July [2015].
Niall Kelly was not invited to this meeting and was not informed of
its outcome.
At the same PAC meeting, Donal OCualain could not recall the
length of the meeting.
And, again at the same PAC meeting, John Barrett says: The
meeting lasted two hours.
In addition, at the same PAC meeting, when Sinn Fin TD Mary Lou
McDonald asks Noirin OSullivan what explanation Cyril Dunne gave, at
this July 27 meeting, for not briefing the audit committee of John
Barretts concerns, Ms OSullivan said: He did not give any
explanation because there was to be a group to be established
When Sinn Fin TD David Cullinane, at the same PAC meeting of May
4, 2017,asked the Garda Commissioner Noirin OSullivan
why repayments to the OPW began in 2014 when nobody
apparently knew of any irregularities before July 2015, Ms
OSullivan referred to the current Chief Administration Officer Joseph
Nugent to answer.
Ms OSullivan also later tells PAC, on May 4, 2017, that she was not
advised to inform the Minister for Justice of the concerns related to the
Garda College, under Section 41 of the Garda Siochana Act 2005. But
she was advised that the matters may warrant a report under Section
41.
Ms OSullivan told PAC: I felt at the time that we did not have
sufficient information. We put together an immediate group,
comprising representatives of the Department of Justice and Equality, to
get to the bottom of the matter.
At the July 27, 2015 meeting, John Barrett learns that the July 6, 2015
report he prepared in response to a request from Cyril Dunne and
intended for circulation to Michael Howard and the audit committee
was withheld from Mr Howard.
Later, in a letter Mr Barrett writes to Cyril Dunne, Mr Barrett recalls the
July 27 meeting. He notes:
The meeting at the Garda College of Monday July 27th was important
in very many respects. You will recall that it took place after the
briefing on Transformation on the ground floor of the library building
and I was invited to the follow on session by Acting Deputy SCM. He
and I walked across to the Reception Room with him. He told me
that the Commissioner wanted to have a meeting about the
letter from Ken Ruane, which he had got on Friday evening,
July 24th.
Early in the meeting, I made clear that I was the source of the
briefing of HOLA upon which his opinion was based. I
explained my very real concerns around the contents of the McGee
report when I saw it first. I said that I became even more concerned as
I raised questions after reading it.
I explained that I had met with Ken Ruane and sought his advice and
input on a number of occasions and I had met with Michael Culhane
and Barry McGee on June 30th.
I also pointed out that Michael Culhane and I agreed that we needed
to get accounting skills into the college quickly and that when I ask the
CFO [chief financial officer] about asking IA [internal audit] to do the
work, the CFO said that IA may not have the ability/and scope to do
the work.
The meeting debated the degree to which the Department [of Justice]
were aware that I referenced a point made to me by Michael
Culhane at a meeting on July 2nd that the department were
aware of the profit making potential of the college
operations and were supportive if such profits were used for
investment in college facilities.
Our meeting that night, which ran for well over two hours,
left me somewhat perplexed. My note says that I left the meeting
at 19.37 that evening and I left the four of you, (the Commissioner, AC
Twomey, AC OCullaine and yourself [Cyril Dunne]) in the reception
room in continuing discussion.
Mr Barrett replies:
July 28, 2015: Garda Commissioner Noirin OSullivan told PAC (on
May 4, 2017) that on July 28, 2015, Deputy Commissioner Donal
OCualain prepared a report based on a report by Head of Legal
Affairs Ken Ruane and we immediately put together a group
comprising representatives of the Department of Justice and
Equality to look at the issues.
This was in relation to Garda College lands and the legal status of
employees in the restaurant.
In addition, in relation to this meeting of August 6, Cyril Dunne later
asks Mr Ruane to change his minutes of the meeting. Mr Dunne
wrote to Mr Ruane, saying:
Ken,
Thank you for the attached. Before I review, I ought to share my initial
reaction which is that the draft goes to an inappropriate level of
detail.
Mr Ruane did change the minutes but kept a note of his original minutes
and told Mr Dunne this at their next meeting.
August 31, 2015: Head of Legal Affairs Ken Ruane sent a letter
seeking legal advice from the Attorney General and, the following
day, this was copied to the Department of Justice.
Anne Barry, of the Department of Justice and who took over from
Eugene Banks in September 2015, tells PAC, on May 31, 2017, that
when the department received the copy of Mr Ruanes request for legal
advices, it became aware of issues at the Garda College.
September 30, 2015: John Barretts report, which he compiled for the
then CAO Cyril Dunne, in July 2015, and which he expected would be
passed on to the audit committee but wasnt is raised under Any
Other Business at a meeting of the audit committee.
There was a very busy agenda that day and at the end of the meeting
this was raised verbally as an AOB item. There was no briefing given
to us. I have reflected on how I will phrase this: neither I nor
any of the other outside members of the committee took from
that briefing any sense of the importance of this issue as it
subsequently emerged.
Mr OCualain also told PAC that he was basing his understanding that
there was extensive discussion off the minutes of the meeting. He
wasnt at that meeting himself.
Its understood this advice was not from Head of Legal Affairs Ken
Ruane but from Cyril Dunne.
Mr Culhane said this was a breach of the Official Secrets Act and he
urged Ms OSullivan to investigate Mr Barretts actions.
When asked about this letter at a meeting of the PAC on May 31, 2017,
Mr Culhane said:
I had no idea what he was going to do with the information which had
been collected. It was a general statement.I was concerned that
there might be some leakage to the press
At the same PAC meeting on May 31, 2017, when Sinn Fin TD David
Cullinane asks John Barrett if he believes the letter was an attempt to
undermine his work, Mr Barrett says: Absolutely.
May 31, 2016: The office of the Comptroller and Auditor General
Seamus McCarthy is made aware, for the first time, of concerns
regarding finances at the Garda College by head of internal audit Niall
Kelly. Mr Kelly tells C&AG that he will be carrying out an internal audit of
the colleges affairs. [Seamus McCarthy says this to PAC on May 4]
June 2, 2016: John Barrett has a meeting with Michael Howard, the
head of external audit, after Mr Howard received Mr Barretts report
from July 6, 2015. Mr Howard received the report from Niall
Kelly. According to Mr Barrett, he and Mr Howard spoke for about
two and a half hours, Mr Howard was shocked by what Mr Barrett
found and Mr Howard said he would like to have a several
more discussions with Mr Barrett about the matters raised.
June 16, 2016: The head of external audit Michael Howard meets the
Garda Commissioner Noirin OSullivan. Mr Howard later tells Niall Kelly
that he met Ms OSullivan. In turn, Mr Kelly tells Mr Barrett of Mr
Howards meeting with Ms OSullivan.
...I was warning her that, as the Accounting Officer, she was
exposed.
June 22, 2016: The head of internal audit Niall Kelly starts his internal
audit into the finances of the Garda College.
At this point the C&AG Seamus McCarthy had not seen the report. He
asked the Garda Colleges Accounting Officer, Garda Commissioner
Noirin OSullivan, to amend the 2015 statement on internal financial
control to disclose the non-compliance with corporate governance
standards.
Mr Barrett writes:
Most critically this process was understood over many years by those
in roles charged with probity and the entire edifice seems to have stood
protected from enquiry while remaining in plain view.
He adds:
In that 16 months I contend that despite an amount of carefully
constructed internal discussion, almost no meaningful external
assistance has been brought to bear on the complex web of
matters arising. I am troubled too by the suggestion made at the last
meeting of the so called steering group that the acceptable or rejection
of the recommendations made in your report could or should be varied
at the discretion of the Commissioner and the executive.
And he states:
Given the longevity of the arrangements and the efforts to keep you
and your office at bay, referenced in numerous emails and at meetings
I attended,I am clear in my view that many of those most
closely associated with this state of affairs were keenly
aware that arrangements were in place which ran counter to
process, government accounting regulations and
legislation.
Later, at a meeting of the PAC on May 31, 2017, Sinn Fin TD David
Cullinane asks Mr Kelly if he believes Mr Culhanes letter was
an attempt to get him to water down the content of his report. Mr
Kelly said: Yes.
January 22, 2017: John Mooney, in The Sunday Times, reports on Niall
Kellys interim report into the Garda College and reports how it exposes
serious financial irregularities at the college.
24,107,308 in 2009
15,978,581 in 2010
13,956,632 in 2011
12,045,833 in 2012
11,853,859 in 2013
12,358,858 in 2014
18,158,143 in 2015
4,150,346 in 2016
It isnt possible for the audit to look at records before 2002 as records
are not available. It looks at two periods. The first is January 1, 2009 to
March 31, 2016, a period which records are legally required to be
kept. The second period is 2002 2008 where records on relevant
issues were found.
In addition:
Mr Kelly says all bank accounts under the control of the college
management should be closed with the exception of the College
Imprest Account.
He adds:
March 22, 2017: The office of the C&AG receives Niall Kellys interim
report and plans to publish its own report on the matter in September
2017.
From the Department of Justice and Equality, PAC was joined by John
OCallaghan, assistant secretary of the policing division; Anne Barry
and Paul McDonald, and from the Department of Public Expenditure
and Reform John Burke.
They are appearing before PAC to field questions about Niall Kellys
internal audit report into the Garda College. At this point, Ms OSullivan
has appointed Assistant Commissioner John ODriscoll to examine Mr
Kellys report and PAC is told Mr ODriscolls report should be
completed before the end of June 2017.
Ms OSullivan also, at first, tells PAC that she first officially learned of
the matters concerning the Garda College on July 30, 2015.
When Sinn Fin TD David Cullinane asks Ms OSullivan why the 2008
report by the finance directorate Barry McGee was not given to the
Garda Internal Audit Section (GIAS), Ms OSullivan says:
There is documentation in place that states that the 2008 report went
to the Commissioner [Fachtna Murphy]. There is correspondence from
the Commissioner to the chief administrative officer instructing the
officer to do certain things, including to give the report to internal
audit and to the Comptroller and Auditor General.
But Mr Kelly said he did not find any evidence to suggest these things
happened.
Ms OSullivan replies:
In response to a query from Fine Gael TD Alan Farrell about why Niall
Kelly was tasked with doing an audit in 2016 despite reports
previously highlighting issues, Mr Kelly told PAC:
May 4, 2017: The first Public Accounts Committee looking at the Garda
College takes place.
Mary 31, 2017: The Garda College is the focus of a second meeting of
the Public Accounts Committee. Those attending the meeting include
Head of Internal Audit Niall Kelly, Executive Director, Human Resources
and People Development John Barrett, Executive Director Finance and
Services Michael Culhane, Head of Legal Affairs Ken Ruane, Chief
Administrative Officer Joseph Nugent, and former Head of the Garda
Audit Committee Michael Howard.
Mr Kelly also tells PAC there are now six accounts open in relation to
the Garda College of which hes aware.
Labour TD Alan Kelly asks Head of Internal Audit Niall Kelly if has he
ever come across any cheques made out to senior garda by the garda
themselves. Mr Kelly said he did, he came across hundreds of them
and there could be payments of thousands.
With the permission of the Chair, I would rather not answer that
question because it concerns an ongoing audit.
At the beginning of the meeting, Mr Dunne tells the PAC that he has not
read Mr Kellys interim audit report. He said Mr Kelly provided him with
two pages, in which hes referenced but, when asked if Mr Dunne asked
Mr Kelly for a copy of the full report, he said he didnt.
June 13, 2017: Its reported that head of human resources John Barrett
has resigned from the Policing Authoritys ethics committee because
of his ongoing dispute with Garda Commissioner Noirin OSullivan and
others over the Garda College scandal.
An Garda Siochanas executive director in finance
and services Michael Culhane, head of internal
audit Niall Kelly, head of human resources John
Barrett at PAC this morning
You may recall head of human resources at An Garda
Siochana John Barrett.
He was the civilian member of the guards who told
Garda Commissioner Noirin OSullivan about the
financial irregularities at the Garda College in
Templemore, Co Tipperary on July 27, 2015.
This is the date Ms OSullivan told the PAC, on May 4,
that she first heard of the irregularities.
Mr Barrett claims they, and others, discussed the
matters for more than two hours. Ms OSullivan said
they were discussed over a very brief meeting while
having tea.
You may also recall how, in his notes, of the July 2015
meeting, Mr Barrett maintains he was counselled to
be very careful when he referred to the loss of all
books of account prior to a date which coincided with
the retirement of a restaurant manager.
In September 2015, Mr Barrett urged Ms OSullivan
to inform the Minister for Justice Frances Fitzgerald
and the Comptroller and Auditor General (C&AG) of
his concerns about Templemore but Ms Fitzgerald
wasnt informed until some weeks later.
Further to this
Several civilian members of An Garda Siochana are
before the Public Accounts Committee today.
These include:
Niall Kelly Head of Internal Audit (author of the audit
report); John Barrett Executive Director, Human
Resources and People Development; Michael
Culhane Executive Director, Finance and Services;
Ken Ruane Head of Legal Services; Joseph
Nugent Chief Administrative Officer; Michael
Howard former Head of the Garda Audit Committee.
Mr Kelly, who was the author of Garda College interim
audit report on serious financial irregularities at the
Garda College, was the only person to give an
opening statement to the Public Accounts Committee.
In it, he said:
In regards to interference and non co-operation and
withholding of information from internal audit, there
are three periods of time that should be considered.
Firstly, the period from 2008 to 2011. Secondly, the
period from July 2015 to March 2016 and
thirdly, the period from September 2016 to
March 2017.
Further to this
Readers should note documentation sent to the Public
Accounts Committee, ahead of todays meeting,
includes a letter which was sent from the executive
director of finance Michael Culhane to
Noirin OSullivan on October 25, 2015, urging her to
investigate Mr Barrett.
Later
Barrett: in the period that had elapsed from July [2015] when I
originally prepared a report to go to Mr [Michael] Howard, through Mr
[Cyril] Dunne, and were reaching now into the third week of
September and I have concerns that the thing is not being treated
in the multi-million off-balance sheet as Michael Culhane
described it activity that is continuing. It is an active, ongoing
enterprise within an organisation that I have line responsibility for.
And so, in setting it out very clearly, I do go through the very specific
issues that Fennelly raises in relation to what a Section 41[which
provides that anything of significant relevance should be brought to the
attention of the Minister for Justice] is intended to do and how it is that
this applies absolutely to the matters of gravity that I dealt with in my
report of the 6th of July. And I was very deliberately putting it on the
record.
Meanwhile
Later
Catherine Murphy: Another thing that strikes me, Id like to clear a few
of these things first, one thing that strikes me is: the idea that you
were keeping contemporaneous notes, that you were referencing
some of your meetings with Mr [head of legal affairs Ken] Ruane,
the idea that the internal auditor [Niall Kelly] is sending himself
registered, it is yourself Mr Kelly...?
This afternoon.
First of all, Mr Mac Sharry explained that it was John Barrett, head of
HR, who sent the emails to Mr Nugent
Marc Mac Sharry: So basically, this document, as I said, I just got it, I
didnt see sight of it, I got wind that there may be a document in relation
to charitable status. I asked for it. And this was produced. OK.
Now for the record, the cover note, which I want to read into the record,
its to the Chief Administration Officer [Joe Nugent], its from John
Barrett, its dated the 13th of June 2017. And notwithstanding the fact
that we appreciate that the CAO has said that he didnt see it until
yesterday, the 19th. It is the date stamp from his office, from the 14th of
June.
So somebody read it, in your [CAO Joe Nugent] office to the extent that
they stamped it and if you were away or otherwise engaged, Im sure
theres somebody with delegated responsibility in your office, that if
something is important to pass on up the line, the Commissioner can
clarify that.
Id respectfully suggest that you draw the attention of all the various
correspondence to this document and provide them with copies, as a
matter of courtesy.
Further, it seems to me, that the Public Accounts Committee may have
an interest in the content and I will again respectfully suggest that this
be brought to the attention of the PAC immediately.
And one email I find extremely troubling. Its one of the 5th of July
2010 at 17.26pm which seems to be a response to Eugene Banks
of the Garda division, who is inquiring had there been any
developments on the matter raised below. In particular, the
relationship between the [Garda] College and the companies and
the legal entity of the college itself.
Now, we dont have the response but the phrase to muddy things up
in the context of all the evidence weve received so far, the conflict
evidence from certain parties, I think, for a Finance Director, to use a
phrase to muddy things up in the context of any correspondence
with the Revenue Commissioners, and be informing Eugene
Banks of the Department of Justice, seems to suggest an awful
lot, Commissioner. And while I appreciate, and I take your word, that
you have seen this document for the first time in recent minutes, whats
your response to such language?
Mac Sharry: Well, my reading of it, having read it, and perhaps I had a
little more time because it was handed out before the break is that there
was an attempt on the basis of a suggestible law that existed in England
by PwC that the Gardai may have some grounds to build a case I see
heads shaking in the background over there, I dont know whether thats
relevant to what Im saying or something else. But thats, the letter, Ill
quote that, because it concerns me, so Ill just mention the relevant part
about charitable status. This is from George Reddan, of PwC writing
to Michael Culhane, its a response to his letter to PwC on the 23rd
of March which we dont have a copy of. In terms, Ill just read this
quote:
Mac Sharry: One of your officials can take the time to go out because
youll be the the only one talking and they can make those inquiries
OSullivan: Yes
Alan Kelly: Sorry, just for clarification, the clerk has informed me that
you were given it, you were giving it before the break.
Mac Sharry: In any event, there are six of ye, so Im sure one can go
out and make whatever calls need to be made.
OSullivan: Secondly, I note that the date of the email correspondence
is around the last piece that youve just quoted, deputy, is the 5th of July
2010
Later
Meanwhile
Readers should note that, during the PAC meeting of May 31,
2017, Mr Culhane said that, in 2009, he wrote to the Revenue
Commissioners seeking charitable status for the Sportsfield Company
Ltd.
Updated 6.15pm
TODAY SENIOR GARDA and civil servants in the
organisation attended the third session of the Public
Accounts Committee to examine financial irregularities at
the garda college in Templemore.
These sessions, aimed at establishing how these
irregularities happened and what has been done to fix the
issues, has been overshadowed by tensions between the
forces senior staff.
Last month, it emerged executive director of finance and
services Michael Culhane wrote a letter to the Commissioner
and other senior garda questioning whether head of HR
John Barrett may be guilty of a criminal offence in posting
documents relating to Templemores finances to himself.
In todays session, Deputy Commissioner Donal O Cualin
spoke frankly about the tension between these two men. He
said two they were two key people in the organisation with
responsibility for fixing these issues.
As was shown in here in the last meeting, there is a clash,
there was a clash, between those two people. There is a lack
of trust between those two people.
Cyril Dunne, former Chief Administrative Officer, also spoke
of consistent tensions between the two.
The brief two-hour meeting
Barrett, at the first PAC hearing on this topic, had also
clashed with Commissioner Nirn OSullivan, when he
openly contradicted her evidence about a meeting they had
in relation to these issues.
OSullivan described the meeting of 27 July 2015 as brief,
while Barrett said it last two hours. Today Dunne told the
AC it lasted up to an hour, while O Cualin said it was
definitely longer than five minutes.
Im glad we didnt clear that one up anyway lads because
its seriously bloodywell incredible that there is such a range
of views coming from the same meeting, Labours Alan
Kelly told them.
He described this meeting as pivotal, adding that it would
go down in history.
There were also criticisms from Sinn Fin TD Mary Lou
McDonald of accountant Barry McGee, who compiled a
report on these irregularities in Templemore back in 2008.
In an email written to John Barrett in 2015, McGee wrote of
the potential risk to the reputation of the organisation.
He also referenced possible ramifications including the
accounting officer being called before the PAC. McGee went
on in his email to discuss solving the problem quietly,
without risking exposure.
Thats what was going on, McDonald said, adding that this
was clearly the strategy employed by the organisation in
dealing with the issue.
I cant get out of it
The committee heard this morning from Assistant
Commissioner Anne Marie McMahon, who told members
she never benefitted from being a director of the Sportsfield
company set up at the garda college in Templemore.
McMahon is one of a number of members of the
organisation listed as a director of this company, which was
set up to fund the development of garda sporting facilities.
Sportsfield Co was established in 1983 and it emerged in the
recent internal audit report on the colleges finances that
surplus money from the garda restaurant was transferred to
the company and then onto other entities including
100,000 to the Garda Boat Club.
McMahon said she became a director of Sportsfield in 2011
when she took on her post over the gardacollege.
John Barrett has been embroiled in an internal but now very public row with
his garda managers and other top civil servants in the organisation. The dispute
emerged during Public Accounts Committee sessions in discussions about
irregularities in the finances of the Garda College in Templemore.
When eventually released to him under the Freedom of Information Act, he said
85% was redacted. This letter about him was, however, handed over to the PAC in
its entirety and this is how Barrett first learned of it.
I discovered the existence of that letter almost a year to the day after it had been
written. The interesting inversion of trust that was presented to the committee
appals me. We requested, legitimately, a letter written about me that I had no
knowledge of, which alleges a potential criminal offence, he told the PAC.
Stepping down
Now, the Policing Authority has confirmed Barrett has stepped down from his
role in relation to the rollout of the forces new code of ethics, which was drawn
up by the authority.
The Irish Examiner first reported that following this latest revelation about
allegations of potential criminality on his part, Barrett felt unable to continue as a
representative on the Code of Ethics Committee.
Barrett was one of the designated garda representatives who has worked with this
committee since early last year. In a statement, the Policing Authority said
Barrett informed the committee he would be stepping down at its most recent
meeting on 8 June.
The committee expressed its appreciation to Mr Barrett for the work he had
done in relation to the code of ethics project to date, it added.
Tomorrow morning, top ranking garda and civil servants will field further
questions from the PAC about the garda colleges finances. The Garda
Commissioner will appear before the committee later this month.
THIS WEEK, TOP garda civil servants appeared back before
the Public Accounts Committee (PAC) to face a grilling
about irregularities in the finances of the garda college in
Templemore.
There were a number of new revelations, including that
there are five tax numbers connected to the college and a
new internal audit is examining, among other things, a bank
account in north Dublin.
Appearing before the committee on Wednesday was:
John Barrett, executive director of human resources
and people. At the last PAC hearing, he openly
contradicted Commissioner Nirn OSullivan about a
meeting they had in relation to Templemores
financial irregularities.
Niall Kelly, head of internal audit. He conducted the
recent audit that revealed the extent of the financial
issues. Last time he appeared before the committee, he
said he felt he had been duped when given
assurances in 2011 that issues he identified would be
addressed.
Michael Culhane, executive director of finance and
services. A letter he wrote castigating Kelly was the
subject of media coverage last week.
Ken Ruane, head of legal affairs. He issued a letter to
the Commissioner urging her to inform the Minister
for Justice 15 months before she actually did so.
Joe Nugent, chief administrative officer.
Michael Howard, former chairman of the audit
committee.
http://cdn.thejournal.ie/media/2017/03/interim-audit-
report-financial-procedures-in-the-garda-college.pdf
Michael Culhane
Niall Kelly
Included in the dossier is a letter from Executive Director of
Finance and Services Michael Culhane which castigates the
head of Garda Internal Audit Niall Kelly who was the man
behind Februarys interim report. In that letter, Culhane
takes issue with a number of statements which he attributes
to Kelly. He describes these references as outrageous.
Culhane also notes that he had made a formal complaint
against his fellow senior officer, Executive Director of
Human Resources John Barrett. Earlier this month, at a
meeting of the PAC, Barrett had openly contradicted Garda
Commissioner Nirn OSullivan in her presence about a
meeting they had in relation to the financial governance
issues at the college in 2015.
Culhane further asserts in his letter that 30,000 had been
wasted on consultancy of no obvious value.
The dossier to PAC, which also details documents
concerning the ill-defined Garda Sportsfield Co, one of many
companies set up to handle funds at the College in the
2000s, further suggests that Kelly had been in the process of
compiling a report on the college for some time, and had
been trying to engage in discussions and get management
responses from the Finance Directorate in relation to them.
John Barrett
Another set of emails detail how the publication of an
internal audit of the college was delayed after a lot of tooing
and frooing for a period of three months in 2010 to allow
enough time to sort out the taxation and any other
financial issues.
Regarding this delay, Kelly told the PAC earlier this month
that he was duped into believing action would be taken
with regard to his concerns.
I think there was a different culture at that stage. I think
there was a culture of circling the wagons and I got caught
trying to bang into the wagons, he said.
The documents, which show correspondence between
various figures in garda management over a number of
years, includes a letter referenced by Independent TD
Catherine Connolly during that same hearing on 4 May.
The Galway deputy said that garda management had
discovered a letter, written by former deputy commissioner
Nacie Rice in September 2009, related to concerns about
financial management.
After reading it, Connolly said: Am I over the top when I
read this and draw the conclusion that it explains why
nothing was done between 2008 and a few years later? This
is the very reason, because the man in charge of the college
said, Feck off, this is our money, that is, this money is from
the government, through the Vote system.
In that letter, Rice states that in considering the financial
irregularities at Templemore:
It is important to point out that all of the named companies
and committees were formed at a time when there was no
money made available by the state to develop and improve
the welfare and sporting facilities for those young people
joining the Garda Sochna and for which far-seeing people
primarly attached to the Garda College saw a huge need.
The only means at the time to develop and improve the
social and sporting culture was by the formation of the said
committees and companies, he continues.
There is no suggestion that any funds generated were used
for any other purpose. Indeed the monies collected in these
funds were contributed either directly or indirectly by all
members who use the college as students, probationers and
by those attending various courses.
For these reasons I strongly believe that any surplus money
does not belong to the State but rather is owned by members
of AGS from whom they were collected and I equally hold
that any money cannot be used except for the welfare and
development of facilities for members at the Garda College.
However, he did add that he supported the notion that the
various committees should be re-invigorated and an
examination carried out to see if the various welfare
committees still have currency.
The documents are now due to be examined further by
members of the Public Accounts Committee.
MY GOODNESS, YOU are officers of the law and trained
detectives I am shocked.
This was TD Mary-Lou McDonalds reprimand of Garda
Commissioner Nirn OSullivan and her Deputy
Commissioner Donal O Cualin as the Oireachtas Public
Accounts Committee (PAC) tried to nail down why serious
irregularities in the finances of the Garda College were not
addressed before now.
Her outburst followed a bizarre exchange in which the
organisations Executive Director of Human Resources,
John Barrett, openly contradicted OSullivan about a
meeting they had in relation to these issues in 2015.
These irregularities included a fund that was used for gifts
and entertainment, rent collected for a site that should have
been paid to the Office of Public Works and the transfer of
money to the Garda Boat Club, which was described by one
TD today as embezzlement.
Readers may note that, in his final interim report which was published in
February of this year, one of Mr Kellys recommendations was that the
Garda College return the interest gained from EU funds held on deposit.
He said:
Readers should also note that, in respect of the EU Project and CEPOL
accounts, audits of these accounts were not sent to Mr Kelly while he
was doing his overall audit. He said:
It is a basic tenant of European Financial Controls that members
States cannot benefit from interest payments on European
Funds held on depositIn the course of this audit GIAS [Garda
Internal Audit Section] was informed that audits of these European
Projects had been conducted however these audit reports were not
forwarded to GIAS. It is important that GIAS has sight of all audit
reports conducted by external auditors and that the Statutory Garda
Audit Committee is fully informed.
Readers may also recall how, at the same PAC meeting three weeks
ago, Social Democrat TD Catherine Murphy asked Mr Kelly about the
possibility of money being sent from the Garda College in
Templemore to a Dublin bank account under the control of a former
senior Garda officer.
Mr Kelly said hed rather not answer that question because its the
subject of audit.
Since then.
Its also emerged that the signatory of this account was a retired
senior Garda. Its also been reported that some payments initially
lodged into the Cabra account were subsequently transferred to St
Raphaels Garda Credit Union.
Mr Kelly believes there is sufficient suspicion that fraud may have been
committed in regards to these matters.
Readers will note that, according to the St Raphael Credit Unions 2016
annual report, most of its directors are current or retired garda, some of
whom work with the NBCI.
Ms OSullivan told the PAC on Tuesday that Mr Kelly has reported the
matter to OLAF, the EUs anti-fraud office.
Murphy: So, I mean, it was Mr Kelly who was the head of internal audit
who notified you, so he would have indicated roughly an amount
because, obviouslywhat range is that in?
OSullivan: Yes.
Murphy: And, I mean the level of offence that theres a suspicion of, is
that on the serious end?
OSullivan: Well, deputy, at this point, I dont know. Thats where the
investigation will establish if any offence, like, what Mr Kelly has
reported is that he has reasonable cause to suspect that there may be,
so potentially, there may be criminal activity, fraudulent activity around
the account. But that will be a matter for the Ombudsman Commission
[GSOC] to establish.
Kelly: Ok.
OSullivan: Theyre his exact wordings and thats why I think its really
important and were talking about a potential suspicious activity on an
account that may potentially lead to investigators to establish that
something has happened. So I think that we have to be very, very
careful in terms of the context that were putting on this. This is at the
very early stages. It has not even, I dont even want to say that the
Ombudsman Commission [GSOC], theyre only considering the
matter and, to be fair, the Ombudsman Commission got the matter
yesterday.
Later
Do you have any concerns in relation to the credit union being used,
was there any did you look at that specifically? Is there any
concerns in relation to the use of the credit union?
Murphy: But theyre likely have been drawn from the Garda
Siochana.
Murphy: I actually think that it might be quite useful, given that the
Central Bank have a regulatory oversight there and I think it
would
Later
OSullivan: Deputy, we can find that out for you in a moment, if you
wish?
Later
OSullivan: I dont know deputy, wed have to check for you, we can
come back to the committee, I dont know. And I think we wont know
precisely who all of the signatories were until the investigation or
the examination is completed but, certainly, we can come back to the
committee on it. I dont know.
Murphy: Could I, could we ask that you come back quickly on that?
Murphy: And when you refer something to GSOC, do you get any, I
mean I know whatever time it takes to do an investigation it takes but is
there a timeframe that you have an expectation that they work within? Is
it timely in other words?
Judge Elizabeth McGrath said the assault on one of the victims, Emer Kelly, was serious and
that his response to events that night was to raise his fist and punch her. She said she could
not ignore that.
An appeal had been made to the judge for leniency and to take into account his previous
good character and that he was a good family man and colleague, but that he had suffered a
horrific attack in New Orleans the year before which gave him a heightened sense of tension
and awareness around him.
Judge McGrath said custodial sentences were appropriate but she would suspend them given
he had no previous convictions.
Recognisances were fixed on his own surety of 1,000 in the event of an appeal.
The Garda Press Office would not confirm if Garda Hanrahan has been suspended because
of his conviction.
GERARD CUNNINGHAM
For five years he covered the Morris tribunal, providing
stories to both national and local newspapers, and to
broadcast media. He is the only journalist to have
attended every day of evidence at the inquiry into Garda
corruption.
He also covered related stories, including the Frank Shortt
and McBrearty family civil cases, and the criminal trial of
Det Sgt John White.
For more about Gerard Cunninghams work, check out
this archive containing samples of his print work, and the
200 Words blog.
http://faduda.net
Press Releases
16 July 2015
The Minister for Justice and Equality, Frances Fitzgerald, T.D has welcomed the publication
by the United Nations Office on Drugs and Crime of the Executive Summary of Irelands
evaluation under the UN Mechanism for the Review of Implementation of the Convention
Against Corruption.
The Report also identifies a number of Irelands successes and good practices in
implementing the Convention including the comprehensive whistleblower protection
provided by the Protected Disclosures Act 2014, the broad scope of current anti-bribery
legislation and Irelands non conviction-based confiscation legislation and its enforcement
through the Criminal Assets Bureau.
The Minister said: "The Review Mechanism is a very useful tool in helping parties to
the Convention meet their obligations and benchmark the national response to
tackling corruption having regard to the Convention requirements and good
international practice. Ireland already has in place comprehensive legislation and
a range of mechanisms which meet Convention obligations as highlighted by the
Evaluation Team. However, further work is underway which will enhance
Irelands response in the areas under review and which will take full account of
the recommendations of the Evaluation Team including new legislative proposals
to be included in the forthcoming Criminal Justice (Corruption) Bill. "
The Criminal Justice (Corruption) Bill will replace the Prevention of Corruption Acts 1889 to
2010.
- replace and update the offences of giving and receiving bribes contained in the old
legislation
- provide for the liability of corporate bodies for the corrupt actions of their directors,
employees and agents
The Bill is also intended to enhance the ability of the DPP to bring prosecutions by
providing presumptions of corrupt gifts or payments such as:
Penalties of up to 10 years imprisonment and unlimited fines are envisaged for persons
convicted on indictment. It is also intended to allow a judge to order a public official
convicted of an offence to forfeit their office and exclude them from seeking public office
for a period of years. These forfeiture provisions will apply to senior office holders as well
as a wide range of civil and public servants
http://www.justice.ie/en/JELR/Pages/PR15000416
Address by the Tnaiste to the
Luxembourg Business Federation
(FEDIL)
DFAT - 23/1/14
Address by the Tnaiste to the Luxembourg Business Federation (FEDIL)
23 January 2014
Sincere thanks to you, Mr. Chairman, and to FEDIL for inviting me to speak at your 2014 New Years Reception.
It is a great honour to be present this evening at such a prestigious occasion, and an even greater honour for me to speak to
you about Irelands path to economic recovery.
This is my first visit to Luxembourg since the outcome of your election in October, I would like to extend my best wishes to
Prime Minister Bettel and his new Government. I had the privilege of meeting the Prime Minister earlier this afternoon for a
very substantive exchange. You have set out an ambitious, exciting Government Programme and I wish you well as you
begin. We look forward to working closely with you as an EU partner and as a country which shares not just a perspective on
the future of the European Project, but as two countries with such clearly shared vested interests in the success of the
current European endeavour.
This is a challenging time to be in office. In Ireland we know that more than most. Lets ensure that we continue to work
closely together to achieve more than we could ever achieve alone.
Irelands reputation
The other early but critical step we took on Irelands Path to Recovery was a major campaign to repair Irelands reputation
abroad, both in European capitals and further afield the importance of which cannot be overstated. The work of convincing
investors and political leaders in other countries, that Ireland was a sound place to invest and to do business was
approached strategically by every member of the Irish Government and every member of our diplomatic corps. That work
continues to this day, keeping the confidence and goodwill stoked, as we take the next steps.
Results
The journey along the Path to Recovery has not been all rosy, not all easy. And it is not over yet. I personally am convinced
that it wont be over until people feel that recovery in their own lives, and in their own pockets. But the plan is working.
The most important measure of success for me is jobs. From an economy that was losing 7,000 jobs a month, we are now
creating almost 5,000 net new jobs a month. Unemployment is falling down to 12.5 per cent, its lowest level in three and a
half years. Crucially, we are also seeing a modest decline in long-term unemployment and in youth unemployment.
Public finances
Competitiveness is not just a matter for the private sector.
I believe in a fair economy, and good quality public services. But if you believe in providing quality schools and hospitals and
safe streets, then you have to know how you are going to pay for them. And if you believe in an economy that can provide
decent work, with fair conditions, then you cannot hand control of it over to the international financial markets. Our Path to
Recovery required that we put our public finances on a sustainable track, and we have done that (from 2014 we will have a
primary budget surplus).
There is no easy way to make a budget adjustment of 30 billion euro some 18% of our GDP. We have made hard choices
and tough decisions. But even in the face of the harshest realities, the Irish Government was, and remains, determined to
maintain a threshold of decency in how we face down this crisis. That is why we restored the minimum wage after it had
been cut by the previous Government, and maintained core welfare rates for the unemployed, for pensioners, for carers and
for people with a disability.
And it is a fact that - compared to 2009 - broadly the same public services are now being delivered with 10 per cent fewer
staff, and with a pay bill that has been reduced by almost four billion euro. This has been a difficult, but a vital achievement.
Social solidarity is an economic asset, and so is industrial peace. You as employers will know that as much as anyone. And
industrial peace has been instrumental in getting us to where we are today. As a country, it is widely remarked that, for all of
our difficulties, we have sustained a strong sense of social cohesion. It is thanks to the work and sacrifice and solidarity of
the Irish people that this has been the case.
In particular, we have reached an agreement with the public service unions, called the Haddington Road Agreement which
will lead to major increases in productivity in the public service, while cutting the payroll by over 1 billion euro.
EU level
As a small open trading economy, we know our Path to Recovery lies through trade and through membership of the Single
Market. For all of the problems we have experienced since joining the euro, the fact remains that membership of the single
currency gives Ireland unrivalled access to a market of 500 million people.
The core lesson of the crisis is that membership of a single currency requires careful and disciplined management of our
affairs, including the public finances. And yet, we are also confident in Irelands underlying advantages as a trading nation
and as an attractive location for investment. Building on our strengths, - including our greatly improved competitiveness - we
can develop a strong model of export-led growth, which in turn sustains work and opportunity for all our people.
At EU level, the Compact for Growth agreed by the EU leaders in June 2012 is our blueprint for creating the growth and jobs
our citizens need. It reinforces the political commitment to doing what is necessary to support recovery in the real economy
whether it is completing the Banking Union, improving access to lending, or advancing trade agreements with key EU
partners. Of course much work remains to be done.
Skills / Employment
The purpose of our economic strategy is not just to maximise the total number of jobs. It is also to ensure that we have good
jobs. We want a new way of thinking about social protection, education and training, to ensure people have the skills to
move between jobs. We want people to have a better quality of life which comes with rising incomes. So we need to support
the businesses and enterprises that will create and maintain and improve jobs.
Supporting employers
Supporting the real economy includes helping companies, including SMEs. And this is an absolutely vital part of our Path to
Recovery. Each of you here will know the critical role Small and Medium sized Enterprises play as the engine of recovery
across our economies: SMEs account for more than 98% of all enterprises, over 20 million firms, in excess of 87 million
employees, 67% of all employment, and 58% of gross value added.
This places the onus on policy-makers across the EU to increase the flow of capital for investment, to further develop
financial supports to SMEs, to reduce unnecessary administrative burdens, and to unlock the benefits of the single market for
business.
Its also important that in Europe we do everything possible to increase growth and productivity, which is why, for example,
during our Presidency we put so much emphasis on progressing the talks between Europe and the US on a new Trade and
Investment Agreement TTIP.
Values
As a society, we have values that we can, and should, articulate on the world stage. Exiting the bailout is the final act in
returning Ireland to the status of being a normal member of the European Union. And yet we seek to be far more than
that. As our Presidency of the Union last year has shown, we have a capacity as a country to influence the direction of the
Union that we can and must exercise to the full. For me, that meant working to deliver the MFF the EU Budget for 2014 to
2020.
Luxembourg will of course assume this responsibility and privilege of the Presidency at the end of 2015.
The past six years are an experience that we should not wish ever to repeat. But in the midst of adversity, we have also
seen many causes for optimism. We have sustained a strong sense of social solidarity. We have maintained, and indeed
deepened, our international relationships. I want, on behalf of the Government, to express our thanks to our partners in
Europe, including Luxembourg, for their solidarity and assistance during this difficult time.
Ireland now
Mr. Chairman, Ladies and Gentlemen,
For now, the pathway to recovery remains a difficult and a long road to walk. But modest GDP growth has returned, and is
forecast to reach 2% in 2014. Irelands headline competitiveness ranking is up seven places since 2011. If competitiveness is
the main tool for Recovery, for me jobs growth is the main target. Therefore, the most important indicator is that employment
growth was 3.2% in the year to last September - the strongest rate recorded in years.
We continue to perform very strongly in attracting foreign direct investment. Ireland is proud to be recognised as one of the
best small countries in the world in which to do business.
We have the most open economy in the western world. We have a pro-business environment, with a world-class R&D
environment, and a competitive and transparent tax rate. Inward investment into Ireland is at record levels.
Ireland is ranked 1st in the world for labour force flexibility and adaptability and 2nd in the world for lack of protectionism.
So there are grounds for optimism, and grounds for redoubling our commitment to the hard work and hard decisions that are
beginning to bear fruit. Our Path to Recovery is not over; we have not reached our destination, but we are on the right road,
and we have come some distance.
Heart of the EU
Like Luxembourg, Ireland sees itself as very much at the heart of the European Union. We believe in an EU with strong
institutions operating on the basis of the community method; in an EU where solidarity between Member States is a
commitment, not a concession; in an EU of shared values that is tolerant, inclusive and open to the world; and in an EU
where the views and positions of all Member States are respected.
2014 will be a very busy and challenging year for Europe. We may no longer be in crisis management mode, but the
financial, economic and social challenges are still there - and as keenly felt as ever by our citizens.
This will also be a year of institutional change, with the European Parliament elections in spring, and the new Commission
taking office in the autumn.
So there is much to do. For my part, I look forward to working with friends in Luxembourg and throughout Europe to meet
these challenges with decisiveness and commitment. Our citizens expect no less.
Mr Chairman, thank you again for allowing me the honour of speaking tonight at this wonderful event. Let me take this
opportunity to wish you all a happy and prosperous 2014.
https://www.dfa.ie/ie/nuacht-agus-na-meain/oraidi/speeches-
archive/2014/jan/addressbythetanaistetotheluxembourgbusinessfederationfedi
l/
Ms Arkinson said she felt the justice system has failed her family in
every way.
"We have done everything we can and we are still here a year and a
half later for an inquest for one child who was 15 years old.
"I would appeal to Noirin OSullivan to please look into this as soon
as possible because it is dragging our lives away.
"We cant go on like this forever."
Arlene Arkinson
The inquest, which opened in February 2016, has been stalled for
months to facilitate the sharing of information from legal authorities
in the Republic.
The material includes papers on the lines of inquiry pursued by the
Gardai, searches carried out south of the border and a purported
meeting between gardai and the former girlfriend of Robert Howard,
the prime suspect in the murder.
Garda officers may also be asked to give oral evidence.
During a preliminary hearing at Belfasts Coroners Court Judge Brian
Sherrard moved to allay any conspiracy theories.
He said: "The delay that has been caused is not because this court
harbours any concerns about the family whatsoever.
"In terms of rumour or suspicion, I can put that to bed straight away.
The delay in this case is purely because we are awaiting a
comprehensive response from An Garda Siochana."
Arlene, 15, from Castlederg, Co Tyrone, vanished after a night out
across the border in Co Donegal in August 1994.
She was last seen being driven down a country road by Howard, a
convicted paedophile with a lengthy criminal history.
Despite extensive searches, including a fresh dig in Tyrone last year,
her body has never been found.
The inquest opened in February 2016 and has heard evidence from
dozens of witnesses including Howards former girlfriend Patricia
Quinn, and senior detectives who worked on the case.
Information from the Gardai has been described as the last piece of
the jigsaw and the coroner mooted Halloween as a potential
deadline for closing the inquest.
"After we get to that point then the balance will be tilting towards
decision rather than further delay," added Judge Sherrard.
The Arkinson family have closely followed proceedings and were in
court for the brief hearing.
Their barrister Henry Toner QC expressed frustration and demanded
an explanation for the 13-month delay from An Garda Siochana.
Mr Toner said: "It is an insult to the Arkinson family who are
suffering misery by these delays which are inexcusable and
unwarranted.
"The family is appalled and deeply upset by the failure of the Garda
to assist either properly or at all.
"They believe that the delay and procrastination adds to the rumour
and suspicion that already exists in relation to Arlenes murder.
"It is important that the Garda is held to account."
Meanwhile, in a statement read out afterwards, Kathleen Arkinson
said: "The Arkinson family are appalled and deeply upset as a result
of exquisite cruelty inflicted unnecessarily upon them by the Garda
in not assisting the coroners court properly or at all.
"The Arkinson family wonder what the Garda have to hide in relation
to Robert Howard, their association with him and others who
associate with him.
"The Arkinson family believe that the investigation into the murder
of Arlene, a 15-year-old child, should not be delayed further by the
Garda.
"The Arkinson family call upon Garda chief Noirin OSullivan to
personally intervene in this case.
"They plead with the Garda chief to instruct her officers who possess
all relevant information in relation to Robert Howard and the murder
of Arlene to release this information immediately to His Honour
Judge Sherrard so that the inquest into Arlenes death can be
concluded."
The case has been adjourned for mention in September.
This country badley needs a general Election ,and for gods sake do have the sense to vote "Sinn Fein " and
lets get rid of F/G and F/F for they are nothing but parasites
THEY WOULDN'T BE LET INTO HELL THEY WOULD RUIN I.T WITH THEIR CORRUPTION & LIES.
I hope people realise that no matter who get to be in government.. the wages, salaries, expenses, junkets,
etc.. come with the offices of gov. having said that.. it is time for a change of faces in there.
Our "President" PROTESTING,, and Now he betrays us All by Selling Ireland s Resources
and the Irish People out he Signed the eviction Bill, Water bill and much More Fucking LB
Traitor, and a Dwarf prick
http://www.oecd.org/daf/anti-bribery/IRELAND-Phase-3-Written-Follow-Up-
Report-ENG.pdf
The word breach is perhaps too strong. Put more politely Ireland has yet to
fully adopt the OECDs Convention on Combating Bribery of Foreign Public
Officials in International Business. In addition, Ireland also has yet to fully
adopt the United Nations Convention against Corruption. This, as the OECD
points out, is an unusual situation for a western nation.
If we in Ireland honestly want to tackle corruption, then we need to start by at
the very least implementing Irelands first truly comprehensive Corruption Bill
since arguably 1889. The good news is the draft legislation is ready, and while
not as all encompassing as many hoped, its still a leap forward. That draft
legislation has been largely sitting on ice for half a decade, waiting for a
government to adopt the legislation. All indications are that our new
Government will.
CONVENTION ON COMBATING
BRIBERY OF FOREIGN PUBLIC
OFFICIALS IN INTERNATIONAL
BUSINESS TRANSACTIONS
and Related Documents
http://www.oecd.org/daf/anti-bribery/ConvCombatBribery_ENG.pdf
Over the last thirty years the speed of positive change in Ireland has been
incredible. And it's only accelerating.
The 1980's was a dark decade. But in that decade there were a few positive
lights. With each passing decade in Ireland the number of bright lights has
constantly increased. In a very short space of time, Ireland has become a more
open, tolerant and modern society.
Of course problems remain: persistent poverty, a new cost of living crisis,
restricted reproductive rights and then some more. However, I think theres
every good reason to be incredibly optimistic.
The energy of a generation hungry for a better Ireland is only growing. When
once we cowered under the influence of big institutions like the church, we
now stand up and speak out. Most recently over the Catholic Churchs control
of our new National Maternity Hospital.
Ireland is now regarded as the most open economy in the western world. As
we all know, our economy therefore depends more on the rest of the world than
just about any other nation. Quite understandably, as the most open economy in
the western world, sensitivity to international perception is hardwired into our
national psyche. We know its important to be liked in the world. And
thankfully we are very much liked.
We're known the world over for our hospitality, boasting three of the worlds
top five friendliest cities. But the statistics show something even more positive.
Our openness to the ideas and attitudes of people from other nations and
religions is more positive than almost any other country in the western world.
We listen and respond to what those from outside of Ireland think, and we
welcome new citizens from Syria and elsewhere more positively than any other
nation.
Unfortunately, in recent years, due mostly to the reckless and corrupt actions of
a very small clique, Irelands international reputation has suffered.
Perhaps for the first time, theres been a flood of negative headlines about
corruption in Ireland in major international newspapers. The change in attitudes
towards Ireland goes far deeper than those headlines. And many of us have felt
that change in perception towards Ireland first hand.
However, what matters most now for Ireland is how we are seen as a country to
move forward. Part of moving forward involves slamming shut the doors that
facilitated reckless and corrupt behaviour in the past.
I became aware of international perception of corruption in Ireland earlier this
year at a dinner in San Francisco. I told a general counsel of a major
technology company that she was entirely wrong to say Ireland was in breach
of a nearly two decades old UN convention against corruption. I explained to
her that to imply that Ireland's anti-corruption laws were outdated and out of
line with the rest of the western world was simply wrong.
It turned out I was entirely wrong, and she was entirely right.
Ireland is at odds with various international anti-corruption conventions, which
mostly exist to compel developing world nations to comprehensively tackle
corruption. These anti-corruption conventions dont simply exist, we as a
country have signed up to them. But, and this is critical, successive Irish
governments have failed to subsequently implement the corresponding
legislation.
The OECD, for example, has highlighted this issue in a number of reports, one
as recent as 2016:
...despite taking preliminary steps to address weaknesses in its laws for
criminalising the bribery of foreign public officials and corporate liability for
such bribery, legislation for this purpose has still not been adopted. Moreover,
Ireland still needs to take urgent steps to ensure it has the capacity and
resources to detect, investigate and prosecute cases of foreign bribery.
The deeper problem with corruption in Ireland some would argue is not
corruption itself, but the lack of the necessary laws to stop or at the very least
reduce corruption.
Thankfully much of the required legislation to help Ireland tackle corruption in
a more modern way now exists. It was originally drafted by the Department of
Justice in 2012. While it is classified as priority legislation, it is yet to be put to
a vote of parliament by successive governments.
Whatever the reasons for the delay, all that now remains is for our politicians to
vote through the most comprehensive update to our anti-corruption legislation
since about 1889. And with a new Government now in office, all the
indications are that this legislation will be introduced.
In recent days I have spoken to most major Irish companies, law firms,
accountancy firms and banks. None oppose this legislation, known as the
Corruption Bill. They all both want and need this legislation. The legislation,
contrary to what some might assume, protects Irish companies and their
employees from bad actors.
The Corruption Bill most importantly protects Irelands reputation
internationally. And as the most open economy in the western world we trade
on that reputation more than anyone else. When our children emigrate for
work, when our companies travel abroad to do business, and when international
companies consider doing business in Ireland, our reputation matters most.
Yesterday I asked a number of leading figures from around the world, some
with interests in or ties to Ireland, if they felt strongly enough to put their name
to an open letter encouraging the Irish Government to now enact the necessary
and already drafted anti-corruption legislation.
The response is already overwhelmingly positive.
In early September I will send a letter to the Government with at least 100
signatures. The signatories will include some of the most influential CEOs,
investors, journalists, academics and policy advocates in the world, as well as
those running international companies with a presence in Ireland. And of
course the many Irish professional services firms, banks and Irish companies in
favour of the Corruption Bill.
http://www.justice.ie/en/JELR/Executive%20Summary%20of%20Irelands%2
0evaluation%20under%20the%20UN%20Mechanism%20for%20the%20Revie
w%20of%20Implementation%20of%20the%20Convention%20Against%20Co
rruption..pdf/Files/Executive%20Summary%20of%20Irelands%20evaluation
%20under%20the%20UN%20Mechanism%20for%20the%20Review%20of%2
0Implementation%20of%20the%20Convention%20Against%20Corruption..pd
f
There is growing concern about corruption in Ireland especially
about elected politicians, Europes foremost human rights authority
has warned.
Various reforms recently introduced, such as the freedom of
information and ethics acts are too complex and in some cases
conflict with one another.
The report, from the Council of Europe in which Ireland and 46 other
governments are represented, warns that there is too much political
interference in the appointment and promotion of judges and has
called for changes to maintain their independence.
They also want laws that threaten government ministers, elected
politicians and others with six months jail for disclosing confidential
information scrapped as it discourages whistleblowing.
It notes that Irelands reputation has been slipping with
Transparency International placing it at its lowest ever ranking
among the business community two years ago at 25th, behind
Uruguay, Chile and the Bahamas.
The report calls for more stringent rules for politicians on conflicts of
interest and asset declarations to include liabilities and those of
their closest connections. More streamlined rules and more
independent way of assessing politicians compliance was needed.
They say all the rules that apply to government ministers should be
extended to cover all elected politicians, and to their staff, and it
should not be limited to just getting money, but should be extended
to cover other advantages.
It raised a red flag over the fact that the clerk of the Dil or Seanad
can dismiss complaints against members without referring it to the
relevant committee. They question why complaints are only made
public if there is a negative finding.
They are also concerned that a minister can face six months jail for
disclosing confidential government information, irrespective of the
reason for doing so. This could mean that people are discouraged
from becoming whistleblowers.
While the Government pointed to a range of protections, the report
believes it is not sufficient and recommends that the whole issue be
clarified to ensure whistleblowers are protected.
The report took on board the complaints of the judiciary that the
public campaign and referendum on cutting their salaries damaged
their standing. There is now a two-tier payment for judges
depending when they take up their posts and the constitutional ban
on changing their salaries has been scrapped.
A judicial council should be established to deal with such issues in
the future, to be involved in appointments of judges, establish an
ethical code and judicial training practices.
The report is very critical of politicians role in selecting judges and
says judges promotion is even more susceptible to political
interference and urges a judicial council to be involved.
The report, from the Council of Europes Group of States against
Corruption to which Ireland has signed up, monitors anti-corruption
laws and practices and focuses on the measures in place nationally
to prevent corruption among elected politicians, judges and
prosecutors.
It makes 11 recommendations to the Government and has asked it to
report in 18 months on the steps it has taken to implement the
recommendations.
In the short term it's an imperative that the Irish Government enact the
Corruption Bill to bring us into line with the UN Convention against
Corruption 2003 and the OECDs Convention on Combating Bribery of
Foreign Public Officials in International Business.
The Government needs to do this to ensure that the strongest currency we have
as a country and people, our reputation, remains as positive into the future, as it
has in the past.
https://www.facebook.com/notes/paddy-cosgrave/irelands-corruption-bill-
must-be-implemented/10154502233906109/