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Dublin: 12 °C Friday 24 May, 2013

Column: The Mahon Tribunal failed – and the media did too

Michael Smith, one of the two men whose offer of a reward for information about planning corruption led to the Mahon Tribunal, explains why the investigation was a damp squib.

Michael Smith

In 1995, Michael Smith joined with barrister Colm Mac Eochaidh to place a newspaper ad offering a reward for information on planning corruption in Ireland. That ad was the starting point for the investigation that led to the Mahon Tribunal.

Yesterday Colm Mac Eochaidh gave TheJournal.ie his views on the future after the tribunal. In this piece, Michael Smith explains how Mahon – and the media – failed in their task.

I AM NOT sure if it was ever reasonable to rely on the sort of minds that took 15 years and up to €300m to deal with an ‘urgent’ examination of corruption in one county to then produce a radical and dynamic report.

The Mahon Report nails easy targets among the rezoners: four dead dinosaurs (three FF, one FG), five red-toothed, long-sidelined rezoning machines (three FF and two FG) and well, for example, Olivia Mitchell (Olivia was done for inappropriate behaviour in one case only).

But in the rezoning that I was opposing 20 years ago, Cherrywood, as with most of the rezonings, the findings fall short of implicating anyone who still could be described as the political establishment.

In 1993 the residents’ group I was involved with published  a leaflet wondering why local councillors who voted for Cherrywood in 1993, consigning the beauty-spot to concrete, had voted against it in 1992, with no change of circumstances.  Six of them.

We said changing their minds was suspicious in 1993.

That was before we knew that 60 politicians and community groups took money from the developer, Monarch Properties, which disbursed £167,000 in cheques and £161,000 in untraced cash.

This was before several councillors were charged with corruption concerning the adjoining ‘Jackson Way’ site.

Before Frank Dunlop (jailed over Jackson Way) who had taken over lobbying for the Cherrywood rezoning in late 1992 confessed himself a crook.

Before we knew that Albert Reynolds had received a £5,000 donation that referred to the positive role of FF councillors in facilitating the rezoning.

And before it was known John Bruton received £2,500 from Monarch for Fine Gael in between the crucial votes.

Nine out of the 12 FG Councillors who would talk to their party’s  internal Inquiry in 2000 had received money from Monarch or Frank Dunlop (or both) in the 1991-1993 period when I was concerned with the Cherrywood vote.

‘Most journalists have not even read most chapters of the report’

The tribunal didn’t even attempt to ask the councillors why they changed their minds after receiving donations from Dunlop or Monarch, though that didn’t stop it hauling them in and asking them endless other questions.

The report almost entirely omits conclusions on this endless stream of dodgy evidence. Someone needs to do a survey of on what percentage of the evidence heard by the tribunal reached no conclusions at all.

I have been speaking to many of the journalists covering Mahon in the last few days and most of them have not even read most chapters of the report. Most of them struggled with the one-chapter summary.

This, of course, replicates their failure over Moriarty – where for example the ineptitude of civil servants was never properly accounted for in the media. Even the Irish Times managed only a few sad paragraphs on most of the 13 Mahon modules. Lots of stuff about Quarryvale, but then again everyone can picture, and everyone hates, Bertie –  so that sells newspapers.

If you’re looking to the Irish  Times for objective ‘newspaper of record’-style coverage you might note its torpidly inadequate commentary on Mahon-reviewed rezonings apart from Quarryvale, and correlate them with the Irish Times’ failure to note Phil Hogan’s collapsing of John Gormley’s investigation of seven local authorities countrywide in June 2011 (apart from a short comment from an An Taisce spokesperson the following month).

And indeed the misreporting, and failure to note the significance, of the Standards in Public Office Commission (SIPO) ethics  finding against Labour stalwart Oisin Quinn last month – only the third negative finding in the 11-year history of SIPO.

The Irish Times published three articles which misrepresented the essence of the Quinn case and included eight errors of fact, half from Oisin Quinn, half from Stephen Collins whose article we describe as “unprofessional” in the current edition of Village. The misreporting included on the number of instances of illegality found against the councillor. Four instances not one.

Take this representative media failure in combination with the governmental failure to implement the recommendations of Moriarty (it was promised every relevant government department would come up with a list of measures within four weeks), the continuing planning and environmental chaos countrywide (Dublin continues to sprawl, one-off housing accounts for more than 50 per cent of national housing, septic tanks go unmonitored and turf-cutters breach minimum EU standards, for example) and the failure of FG to curtail Denis O’Brien’s  grandstanding with its grandees; and, unfortunately, the optimal response to Mahon seems, once again, to be cynicism.

This article is reproduced with the kind permission of Michael Smith, the editor and publisher of Village Magazine. It originally appeared on Broadsheet.ie.

Village Magazine is in shops now.

More: ‘I thought it would last two months’ – Colm Mac Eochaidh on Mahon

Full coverage of the Mahon Tribunal fallout on TheJournal.ie>

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Comments (12 Comments)

  • The Mahon Tribunal, like all Tribunals, failed because it had no legal TEETH

    Reply
  • How can a endemically corrupt political system under occupation by elites in law, finance, public sector and property agents, and embraced by all the establishment parties, change itself? Such expectations are ludicrous and that is at heart of current economic problems. The country is suffocated by a corrupting conservative consensus. For example, the household tax is said to be there to fund local authorities. Fund what exactly? Rates have funded many council junkets at huge and wasteful costs. Where is the reform promised to small business owners and ordinary tax payers of local authorities? Where is the transparency? None of the politicians in power will take on council expenditure waste game and abuse because all the political parties have been chiselling lumps out of the public purse from day one without a thought given over to accountability. It is always the small things that eventually lead into to bigger grabs.

    Reply
  • Respect to Colm and Michael, two of the rare few.

    And here’s a rant on the fallout as hollow proclamations of innocence meet faux indignation.

    http://barringtonkevin.blogspot.com/2012/03/dont-you-just-love-fine-gaelnice-neat.html

    Reply
  • Look we all know there was masive mistakes made before during and after the mahon feasco,but all i and everyone else in the country wants too know is when are we going to see these people striped of ALL goverment related perks and being convicted in court for there massive abuse of power, I mean to say if there going to fine the poor man on the street for not paying a 100€ household charge why is berty and his croneys not held accountible…….

    Reply
  • Fagan's 28/03/12 #

    Well Bertie Ahern and FF set the terms of the tribunal, so it was hamstrung from the start. They made it as wide as possible in the hope that they would not be discovered. They fought the tribunal at every stage, dragging it out for years and years, giving other members of FF time to destroy and cover up evidence, allow memories to fade. To buy themselves and their party time.

    The tribunal has destroyed the reputation of FF and many of its leading figures, it made a profit on the unpaid tax it discovered.

    I’m thankful for that but I certainly believe that it should have been a criminal investigation at the start. However, given the attitude of the Guards, many of whom disrupted investigations, it was the best option at the time. A half rotten loaf in a rotten bakery.

    An independent Commission to investigate corruption, with young guards, no political appointee’s, led by an experienced investigator in to political corruption from another country, to avoid political influence.

    Reply
  • The current government with Labour being in power are as crooked as FF Oisin Quinn a Dublin City Councillor was recently found to have breached 4 codes of ethics by the Ethics committee on by lobbying his fellow councillors to decide in his favour for planning on one of his property development sites in Mount Street. He is just serving his apprenticeship in politics to qualify him to take over from uncle Raoire for the bigger return for his effort.
    We should at least investigate this before a tribunal is needed. The head of the Ethics committee needs to be brought to task and investigated.

    Reply
  • I am not a member of any political party but I really think that euro 300 mill if that is the cost
    would be better spent on medical facilities for children and on mental health care .
    In the USA and the UK such tribunals cost a fraction of that amount, maybe some of the
    legal eagles can donate their exhorbitant fees to the above .

    Reply
  • Fagan's 28/03/12 #

    We have received several euro back in unpaid taxes, fines, dirt tax for everyone spent on this tribunal. The Revenue/state has made a profit of at least 700mn to date. That is money that can hopefully do some good for the people here (or buy a bond holder a nice new house in the Hamptons, that he thought he wouldn’t get when his gamble lost)

    Reply
  • Read it in all it’s glory –
    http://www.insideview.ie/files/mahon-report.pdf

    Reply
  • Michael, remember the real divider in society. IQ. Only a minority can be trusted to have the intellectual wherewithal to question government lines and what might just be going on under the surface. My own barameter is the 25% who supported Morgan Kelly’s proposals for getting this country back on track, the other 75% are a muddle of those who don’t know, don’t want to know, don’t care and of course those with the IQ who listen to Enda Kenny over Morgan Kelly. That is why we will fail and fail again as a country. no ambition here.

    Reply
    • Fagan's 29/03/12 #

      I agree that there is no ambition, it is not down to IQ, no shortage of intelligent people here. It is self belief, it is virtually non existent here. No self respect, no pride or confidence in our selves. Lots of guilt, shame and inferiority complexes to beat the band though.

      Reply

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