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Dublin: 15 °C Saturday 25 May, 2013

Column: Yes, we need a banking inquiry – but we can’t let politicians do it

Have you ever seen our TDs in action? They’re hardly the people to investigate this complex – and untrustworthy – industry, writes Aaron McKenna.

Aaron McKenna

IN THINKING OF banks and the people who run them, I’m reminded of the war sketch in Monty Python’s The Meaning Of Life, where a wounded man speaks enthusiastically about his enjoyment of the situation.

“Better than staying at home, isn’t this, sir? I mean, at home, if you kill someone they’ll arrest you. Here, they give you a gun and show you how to use it. I mean, I killed fifteen of those buggers. Now, at home, they’d hang me! Here, they’ll give me a medal, sir!”

It seems that banks in Ireland and the world over are capable of doing just about anything with our money, bar what they’re supposed to. Scandal after scandal has shown that if they’re not losing track of your money (Ulster Bank), they’re investing it poorly (think: the boom), allegedly making bets against the investments they advise you to make (Goldman Sachs) or outright stealing it (Libor rate fixing or deliberate overcharging, anyone?).

Instead of medals, the people who run these fine institutions get bonuses the size of some sub-Saharan GDPs.

Banks get to do most of what they do because people, businesses and institutions park their money with them – after all, there aren’t many other options available beyond gold teeth or mattresses – in the promise of security and perhaps even returns. What we don’t expect is for the bank to throw that money around like Skittles at a four-year-old’s birthday party.

But time and again that’s what they’ve done, and time and again society at large has had to come in and bail them out. It’s having your house robbed and then getting medical bills from the thief for the injuries he got breaking your door down.

Banks are such a systemic part of our economy and lives that they have to be held to a higher account; and even if you don’t trust that logic, we’ve poured enough treasure into them (both since 2008 and in the past) that we’re interested shareholders.

Disaster

In one sense Ulster Bank’s technical disaster ranks among the lesser sins of banks in recent years, being as it is a technical malfunction owing to incompetence rather than a deliberate fraud like Libor rate fixing, or imprudence driven by greed. Nevertheless the fiasco has systemic importance for the country and society. Over half a million people have had their personal banking disrupted; businesses can’t get paid; commerce is slowed and trust is eroded.

Somebody took their eye off the ball in the IT management of the RBS Group (Ulster’s parent, and provider of their IT infrastructure); and when it all went pear-shaped the organisation clearly didn’t have a Disaster Plan B worked out. This was in evidence when Ulster’s management were unable to recount their contingency planning in the past year when questioned by lawmakers here at the Oireachtas Finance Committee.

It was fortunate, all the same, that our illustrious TDs and Senators managed to figure that much out in their questioning of Ulster and RBS management. A few blows and half-decent probing questions were landed by people like Shane Ross; who wasn’t even technically on the committee questioning the bankers, and who was asked to stop using up time when haranguing Ulster’s chief executive on his annual bonus.

Jim Brown was evasive to the committee on the topic of his performance related pay, but later relented when the media kept the pressure up. TDs and Senators don’t frighten many people, from either the private or public sector. We’ve seen people ‘dragged before the committee’ in the past getting to the point of laughing at lawmakers while refusing to answer their questions, as was the case with Alan Dukes when being questioned about Anglo.

Ridiculous and boorish

And why wouldn’t they laugh, given that these are serious people appearing before sometimes ridiculous and often boorish inquisitors.

Ross’s fellow Dublin South TD Olivia Mitchell droned on at the Ulster trio for several minutes, apparently trying to make a point about the cash economy or… well, something. I’m not sure. They weren’t sure. I’m not sure Olivia Mitchell was sure. The answer, when it came and we strip out the fluff, was “Cash is actually quite useful, we don’t see it being phased out at all.” Somewhere in the sky a narrator said “And now for something completely different,” and Mitchell made a comment about ovens before the committee moved along.

It’s a far cry from the likes of the US Senate, which has dragged a fair few executives through the ringer despite all the cries about corporate influence on politicians in that country. Of course, the US has a few brains to rub together on their committees, as well as the resources to have staff (who aren’t your relatives given a soft job) to do the background work.

The quality of questioning by lawmakers of bankers is highly relevant today, given that we’re once again thinking about Oireachtas Inquiries; and it looks like the government wants to send us sheeple back to vote again and get them the right answer in another referendum on the matter.

The government is pushing hard for a banking inquiry that will bed led by lawmakers. If, for some strange reason, you aren’t regularly riveted enough to check out the committees or debates in the Dáil, the idea of our lawmakers conducting a probing investigation of a technical subject is laughable.

The total level of competency on the topic from most in the Oireachtas would fit into Peter Mathews’ left shoe, but he’s told to keep his mouth shut by Fine Gael handlers more often than he’s allowed pipe up.

Dubious virtues

This heady mix of the quality and specialties of lawmakers, the politicisied nature of every question to be asked and the dubious virtues of allowing TDs to make findings of facts about individuals makes Oireachtas inquiries into the likes of our banking scandals a bad idea.

As I have said in the past, we should look to the special prosecutor route of taking on things we have fobbed off to tribunals in the past. Give independent prosecutors the job of aggressively investigating and building cases against people and organisations who have done wrong, and let them take it to court. Use a similar approach to investigate the stupid rather than criminal, such as Ulster’s complete fail at doing the core job of a bank in recent weeks.

It’s not enough to have the Central Bank releasing statements scolding them, and it’s not nearly enough that four years on from the crash not one Seanie Fitz or Fingers Fingleton has had to account for either their stupidity or, in the case of odd transactions like the loan from Nationwide to Anglo that was then listed as a deposit in the annual accounts, possible misdeeds.

Life for our bankers should be made uncomfortable. They should have hostile outsiders breathing down their necks, given that they have such a track record in misleading – intentionally or otherwise – honest and easygoing regulators. Those outsiders should be competent and independent, and therefore not politicians.

Aaron McKenna is a businessman and a columnist for TheJournal.ie. You can find out more about him at aaronmckenna.com or follow him on Twitter @aaronmckenna.

Read: More columns from Aaron McKenna on TheJournal.ie >

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Comments (22 Comments)

  • Fagan's 14/07/12 #

    Given how serious the banking crisis, the evidence pointing to wholesale corruption and criminality, especially in the relationship between Anglo Irish and Fianna Fail. Basically the bank was FF’s private bank, favoured loans rates, special deals, and big donations – personal and to the party.

    And the person who would be chairing the inquiry would be FF’s John McGuinness. You must be friggin joking. You can’t have a person who is a member of a gang, lead the investigation in to the crimes committed bu that gang.

    Reply
  • Rita 14/07/12 #

    Look what is lacking in this country of ours is simple justice across the board for ALL citizens. We simply do not have this.see how quickly they’d move on a criminal from the lower orders but those in hallowed halls are untouchables. They have top legal brains advising them and loopholes in the law to hide behind.Four years on these fraudsters continue to live in comfort while the bulk of our people cut back on cut backs. It is a scandal that no leader of the powers of state has the courage to tackle.so it seems to me and I speak as an oap.God help us

    Reply
  • The banks should be questioned in the criminal courts, along with the politicians who agreed the bail out on that fateful night. Nowhere else but the criminal courts

    Reply
    • mr jfk how do you think this one would pan out cowen in the dock and more than likely he or ahern appointed the judge

      Reply
    • Fagan's 14/07/12 #

      John. Remember that the night guarantee was only a stunt, so as to avoid debate, avoid the books being examined. A scam, that is all it was. Like the sale of the Austrian division of Anglo irish, with its 600 mn on deposits when Anglo was looking everywhere for deposits. By coincidence, Austria has very strict banking laws, equal to Switzerland. A lot of the dirtier loans to politicians, zero interest, long terms with no payment plans are believed to be hidden there. Same as a lot of the money that Lenihan changed the law for broke developers, the money was squirreled awazy there, safe from investigaion, then the bank was sold. The Letter of Liens that were held by Anglo stayed with Anglo.

      The bank guarantee night was a piece of drama, to help cover up the corrupt relationship between many leading FF’ers, their developer buddies and Anglo. It worked, and we got stuck with the bill, and most walked away with fortunes intact or at least free men.

      The night guarantee meant that the country was committed without debate, without analysis, without paper trail. It’s one of the main reasons(there are a good few more) that I despise Lenihan so much, he had nothing to loose, yet he still had to put party and cronies before country and people.

      Reply
  • random 14/07/12 #

    We should let the bankers investigate themselves, it’d be about as effective.

    Reply
  • Paul 14/07/12 #

    We’d need investigators to investigate the investigators

    Reply
  • Well we’ve tried tribunals and they result in a lot of time, a serious amount of money and a lot of effort in hoping that everyone forgets why they started in the first place as they take so long and accomplish very little for what they cost. Would it be so bad to try Plan B? Surely the Dail could set up a special prosecutor, define what he/she should do, I imagine such thoughts would scare the merry Hell out of a lot of people, and not just bankers.

    Reply
  • Imagine you’re charged with an offense that elicits public outrage of the ‘hang em, flog em’ variety. Now imagine your judge and jury are elected by the people and to be re elected they must satisfy the public’s anger at you. Imaging if this judge and jury nearly every day made populist, public pronouncements garnered to harness mob-rule anger in order to win votes for re election.

    Do you think you’d get a fair hearing? Neither do I. There’s a reason we don’t elect our judges and jury members. They have to treat everyone fairly and equally without Fear or Favour, even those who are this week’s scapegoats for a property crash brought about by the greed and incompetence of everyone involved; bankers, politicians, regulators and yes, us.

    Reply
    • Sorry this is simply wrong LeDriot.

      “property crash brought about by the greed and incompetence of everyone involved; bankers, politicians, regulators and yes, us.”

      This is a pretty simplistic ring wing analysis that doesnt stand up to cursory observation of what the symptom of what the problem actually is.

      We need democractic control over the money system, simple as. Why should private banks be given the to power to create debt via financial instruments that are merely the product of mathematical equations and no actually work. Them when their internaal bets collapse and “the markets” dont have any confidence in this scam, instead of the fair and just response saying “hey this is just an illusion”, these unelected institutions get to force nations states to take on their “debt”. Bonkers it is.

      Your argument is

      Reply
    • ledroit you are talking pure BS ,you talk about judges treating people with out fear or favour this is corrupt old ireland we are talking about ,most of these pillars that grace the benches have been appointed by fianna fail and if you ever have the pleasure of going up against the political class i in our courts then you will find out

      Reply
    • Fagan's 14/07/12 #

      It’s valid argument LeDroit, but you have to remember that FF have been appointing guards, Judges, people to all levels of Govt. for 30 years. There is a rotten element in a lot of them, that know who they owe favours to, and when the gang starts knocking on their doors telling them what to do, they’ll do it.

      Maybe an international team needs to be brought in to oversee the entire investigation and ensure that the old network can’t banjax the investigation from the start.

      Reply
  • Excellent article. Give THAT man a medal!

    Reply
  • So the argument is for another 14 year €350 million investigation. Cop-on is in short supply.

    Reply
    • LeDroit 14/07/12 #

      Why on earth would we have an expensive 14 year tribunal? We have a DPP, a Court system and actual fair process. If a crime has been committed then let them do their job. Politicians have neither the competence nor independence to conduct an enquiry into this.

      Would you want Richard Boyd Barrett and Michael Healy Rae judging You?

      Reply
    • Citizens are entitled to due process thus having a special prosecutor question individuals will entitle them to legal representation. Thus the buffoonery of the tribunals returns. Arguments formulated on political bias or prejudice are faulty arguments.

      Reply
    • ledroit i would prefer healy rae or boyd barrett tan what is gracing those benches

      Reply
  • That baldy fella makes a great point about the dangers of mob justice. So many of us want to see someone swing for the outrageous behaviour our ‘betters’ indulged in and encouraged in others.

    A Special Prosecutor however would be appointed by the Dail, not the mob. It may take a Constitutional Amendment to create this position and to ensure there are safe-guards put in place, but anything that creates the possibility of explaining how our economy was run off a cliff, while keeping rabid emotionalism at bay, is to be commended.

    Unfortunately, the body politic is so riven with arrogance I seriously doubt their interest or their ability to devolve power and popularity to another body. Their clumsy and ignorant wording on the Committee Constitutional Amendment appears to prove that.

    Still, we can’t all emigrate so until that day when everyone involved has died of old age, we must continue to hope that our elected representatives might actually find a way to stop hindering our need and right to know, exactly why our economy and futures were destroyed.

    Reply
    • we already have mob justice in this country most of these judges were appointed by ff we need investigators from outside of this country we need people with integrity thet will do their jobs and not look the other way.

      Reply
  • We have traitors and cowards running our Country !! Hospitals being closed elderly being told how costly it is to keep them warm and cutting their fuel so the Bankers , bond holders , government and their millionaire cronies can live the heigh life while the Irish pay for their lavish lifestyle !! It’s a joke and we are the butt of it

    We will never have any kind of justice until every bent politician is sent to prison !!

    Reply
  • What about the DIrt inquiry?

    Reply
  • Until money and corruption is taken out of politics nothing will change and I can’t see that changing anytime soon. We have a government elected on that back of lies, the last shower have washed they hands of this mess and are laughing at us as they draw down not one,but two pensions. Over paid advisers and under paid frontline public sector workers etc etc.
    We are to busy blaming each other and looking out for ourselves to see who is at fault and that to isn’t going to change.

    Reply

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