NAMA denies status as public body

Further to my request to Anglo Irish Bank under the European Communities (Access to Information on the Environment) Regulations, I simultaneously requested information from the National Asset Management Agency (NAMA).

I specifically sought the information under SI133/2007, the transposition of the 2003 Directive into Irish Law.

In an email dated February 3, 2010, to NAMA, I sought:

1) A breakdown of all assets, loans and properties due to be
transferred to the Agency. This should include the value placed on the
asset and by whom. It should include the addresses of all assets and
properties.

2) A breakdown of all properties and property loans currently owned or
controlled by the Agency.

3) Minutes of board meetings relating to the transfer of assets and
properties to the Agency. The date range for this request is January
2009 to January 2010, inclusive.

In an email dated February 16, 2010, I received an email from NAMA stating:

Upon due consideration of your request and the AIE Regulations, we do
not propose to accede to your request as we do not consider that the
National Asset Management Agency is a “public authority” within the
definition set out in the AIE Regulations.

As is my right under the Regulations I then sought an internal review of that decision. I argued:

You state that you do not consider NAMA to be a “public authority” within the AIE regulations. However under the Regulations a public body is defined as:

(a) government or other public administration, including public advisory
bodies, at national, regional or local level,
(b) any natural or legal person performing public administrative functions
under national law, including specific duties, activities or services in
relation to the environment, and
(c) any natural or legal person having public responsibilities or functions,
or providing public services, relating to the environment under the
control of a body or person falling within paragraph (a) or (b),

In addition:

(vi) a board or other body (but not including a company under the Com-
panies Acts) established by or under statute,
(vii) a company under the Companies Acts, in which all the shares are
held—
(I) by or on behalf of a Minister of the Government,
(II) by directors appointed by a Minister of the Government,
(III) by a board or other body within the meaning of paragraph (vi), or
(IV) by a company to which subparagraph (I) or (II) applies, having
public administrative functions and responsibilities, and pos-
sessing environmental information;

The NAMA board consists of 9 members, appointed by the Minister for Finance. The chief executives of NAMA and the NTMA (ex-officio) are appointed by the Minister. This alone would clearly indicate that NAMA is a public body. (vi) would appear to be particularly relevant.

On March 19, I received the results of the internal review. NAMA stated:

I have conferred on this issue with the Head of Legal and Tax within the National Asset Management Agency. Under her advice our response to this issue still remains the same. I trust this answers your query.

I disagreed with the decision and have now appealed the matter to the Office of the Commissioner for Environmental Information, which cost €150, kindly donated by readers. It strikes me as odd, to say the least, that the body established by the Government to handle property loans worth an estimated €54 billion, does not consider itself to be a public body for the purposes of the European directive in question. NAMA and its parent body, the NTMA, also do not fall under the FOI Act. The entire process is opaque, and the public has absolutely no recourse to information besides through this European Directive.

It is worth noting three critical points:

1) The definition of a public body within the Regulations is extremely broad. NAMA clearly is (a) government or other public administration, including public advisory bodies, at national, regional or local level. But NAMA felt they did not full under this definition.

2) The definition of environmental information under the Regulations is also extremely broad. Lands owned or controlled by NAMA (as a public body), is clearly environmental information. A cursory look at the application of the Directive in other jurisdictions would clearly show this to be the case.

3) If NAMA is deemed by the OCEI to be a public body, then any information related to the environment would fall within a request for information. NAMA may argue that such information is ‘commercially sensitive’ under the Regulations, but as this is entirely public money at issue, one must ask to whom is it commercially sensitive.

If the OCEI were to decide that NAMA is a public body alone (which was the main reason for my initial request), it would open up the body to much greater scrutiny. I await their decision with interest.

Anglo bondholders

This has always been one of the great mysteries of Irish banking since the bailout. Who are the bondholders? The lack of information is a gift to conspiracy theorists, but also poses questions around who exactly the Irish public guaranteed in September 2008.

It occurred to me that it might be worth looking through the archives in relation to bond issuance, and in relation to any property deals Anglo was involved in in the years prior to nationalisation, such as:

In 2006 it was reported that: “The group’s North American business, approaching its 10th year in operation, has originated loans in excess of $15 billion and at their last reporting date of March 31, 2006, had current outstanding commitments of $4.5 billion.”

Continue reading “Anglo bondholders”

Anglo Irish Bank – A request for information

Readers will be aware that Anglo Irish Bank was nationalised in January 2009. This came after the bank guarantee scheme of September/October 2009. Anglo became a prescribed body under the Ethics in Public Office Act last summer, which was expanded through a statutory instrument in February 2010 to cover many subsidiaries of the bank.

However, Anglo has not become a prescribed body under the Freedom of Information Act 1997/2003. This would require the signature of Finance Minister, Brian Lenihan. Given the sheer volumes of public money already given to the bank, and the volumes of public money due to be given, it is outrageous that the public has no recourse to information as to how this money is being spent. We cannot quantify expenditure by the bank, nor has the Government made any effort to inform the public about how much public money has been given to the banks, and how it is exactly spent.

I gave a great deal of thought to this problem over the last number of months, and decided on a course of action that will be unknown to many. I have decided to publicise this process in the hope that others will follow. We have a right to know what is going on. As a result I started a process that I believe is the most significant and important request for information we have sent to date.

Continue reading “Anglo Irish Bank – A request for information”

FOI log – Department of the Taoiseach

As part of an ongoing process, I will be requesting and publishing the requests logs of every public body over the coming months. I have already published the logs of the Department of Health over two years. From now on I shall be requesting the logs of every body going back as far as records allow.

This is the log of the Department of the Taoiseach from January 1, 2006 to December 31, 2009. It includes some of my own requests. Unfortunately the log is short on detail, such as type of requestor. Any extra details I get will be added to existing sheets.



The Department stated that any redactions are exemptions under Section 28 (Personal information)

Martin writes in El Pais

Micheál Martin had an opinion piece in spanish newspaper, El Pais, last week. Translation here via Google Translate and the ‘Pin

In Ireland, with the successful launch of the bank recapitalization plan, the publication of the Bill for the Reform of Central Bank and the agreement reached with public service unions, the Government has made significant progress this week on the road economic recovery.  We have a three-pronged strategy aimed at: to stabilize public finances to repair the banking system, and improve competitiveness and promote sustainable employment.

The agreement on the transformation of public service includes proposals on wages until 2014, a downsizing and restructuring of the service in order to reduce costs and maximize performance. The implementation of this agreement will contribute to a climate of industrial relations more stable the country out of the global economic downturn.

Sounds very confident that the agreement will actually be implemented. T’was published on the 11th.

Digest – March 18 2010

Yeah yeah, you know how it goes…

HOME

Human Rights in Ireland on Labour’s ‘One Ireland’ proposals.

Gerard Cunningham on the Crystal Swing thing.

Adrian Russell’s Examiner column is the only sports journalism I’m reading these days. Such a good writer, love how he meanders but always finds home. This week he talks about sports-writing itself, and its future. Chalk it down, boi.

Madam – please, I’m begging you, please give Bryan Mukandi a column. See this piece on racism and race issues in Ireland. And this other one on public apathy, from which I wish to specifically draw attention to the following…

A young man is stabbed to death in his own neighbourhood for being the wrong colour and for a short while there’s the scurry of activity; activity aimed at keeping everybody calm and assuring us all that the crime was an anomaly – one of those freak accidents that in no way reflect the state of society. Yes, the affected community should remain calm. Those affected should let the authorities deal with the matter. But what about the rest of us? Why are the unaffected so good at shrugging our shoulders and getting on with things? Why do those who are distant enough to be both angry and constructive not act, or speak, or do something other than shrug their shoulders and move on?

[…] To what end? Maybe I’m just haunted by the ghost of Zimbabwe past, but I’ve seen this same passivity before. I’ve seen what happens to a house so accepting and forgiving of rot. Eventually, it falls apart. Even if it is a house of stone.

Please, – Yours, Mark.

Ireland is quite large on the world debt map. Check it out on Alexia Golez’s blog.

The Government’s deflationary policies are devised to increase ‘competitiveness’ and ‘create’ jobs, but who is going to take up these high-skilled jobs? Sunday Tribune feature on a generation saying bye-bye.

Mark Davenport of the BBC is a great example of how political correspondents can be bloggers without sacrificing the public perception of balance. Recommended reading for all the background stuff in Northern Irish political and media life. Latest post is here. Another nice one earlier in the week too. Not to staid to have a bit of craic either.

WORLD Continue reading “Digest – March 18 2010”

"I am therefore furious that I still have to look at him"

Letter in today’s Irish Times

Madam, – I was interested to see that Brian Lenihan apologised for his role in the catastrophe that has enveloped us (Newstalk interview with George Hook, reported in Home News, April 16th). This is in stark contrast to the attitude of Brian Cowen.

I am enraged, when I see Mr Cowen taking credit for standing firm against citizens in his direct employ, making them take some of our pain, so that we can continue to borrow at the catastrophic levels and cost to meet the liabilities he has engineered in a structural way into our system.

I wonder if any finance director, later CEO, of a private enterprise were in office when it delivered a financial return of (rising) liabilities of €57 billion and (declining) income of €32 billion, would there be any way that he could continue in office? If it merely happened on his watch, would he not feel compelled to resign in shame, before an immediate push achieved the same result?

Of course the degree to which it was Mr Cowen’s fault, either directly, personally or by virtue of his being the leader of a government which delivered the worst performance of any since Nero allowed Rome to burn, is debatable. But it is a ridiculous and dishonourable thing to blame Ireland’s woes on international turmoil, as Mr Cowen has done.

I am therefore furious that I still have to look at him, as he takes credit for our continued ability to borrow vast sums, as if that were his answer to the question he must be privately and should be publicly answering. I am also furious that, in decades to come, as patients still wait on trolleys in our hospital and those who work and pay tax now to correct his mistakes must live on much reduced pensions, he will still have multiple guaranteed and inflation and promotion benchmarked pensions to see him through a comfortable dotage denied the rest of us.

How does Mr Cowen face his people without shame? Why does he not do the honourable thing and resign and waive some of his pensions, which he clearly does not deserve? All I am able to do, to reflect my futile frustration, is affirm that, even when all of this is a distant memory, I will never vote for him or his party again. – Yours, etc,

JUSTIN McKENNA,

Ulster Terrace,

Blackrock, Co Dublin.

Getting credit flowing to SMEs… or something

Strangely, according a press release today, Fine Gael seems to support the establishment of the Credit Review Office. I can’t fathom why, even Mark Fielding of ISME can’t see it overturning many refusals.

The process

The banks get into trouble after giving out big loans to customers who could never really afford to pay them. Banks go bust. Banks get re-capitalised. Banks begin to more carefully consider the viability of entities to which they loan. Banks realise that some entities to which they loan have no commercial future. Banks thus lend to less entities.

Concurrently; Government realises that simply recapitalising the banks through Nama won’t ‘get credit flowing’ to small businesses. Government realises that bailed-out banks not lending to small businesses won’t look good. Government devises a way to make it look like they’re doing something to pressure the banks. Government establishes the Credit Review Office. However, Government gives the Credit Review Office no statutory or regulatory powers and thus ensures it will be little more than an Missus Doyle to the Nama banks. Will you ever give them a bitta credit? Ah go on, go on… gwan gwan gwan gwan gwan. Government does so because everyone – even them! – knows banks being careful in choosing to who they loan is a good thing, banks doing the opposite is part of what has us here in the first place.

The real reason for establishing the Credit Review Office was to allow Government spokespeople, when questioned on how it is “getting credit flowing“, to say “we’ve done a lot to make absolutely sure this happens, we’ve set up the Credit Review Office which is ensuring that viable businesses get the credit they need to keep people in jobs”. Spokespeople will be able to say so in the knowledge that what they’re claiming is waffle of the highest order because if the businesses were viable the banks would want to lend to them to help improve their own balance sheets, thus the Credit Review Office would be irrelevant.

Therefore, isn’t the very existence of this Credit Review Office an admittance of sorts from Government that Nama and the bank recapitalisation wouldn’t get credit flowing? Not that that’s shock news to anyone, but it’s something Government finance spokespeople had been claiming for months.

If Nama was to get credit flowing, then why upon the estabishment of Nama did the Government see fit – in the same Act – to establish a quango responsible for reviewing circumstances in which banks weren’t allowing credit to ‘flow’.

Oh, and while on this sort of subject, the €3bn fund for businesses via Nama? Let’s see how the banks can work that one by reclassifying the terms of current clients’ loan facilities, over-lending to customers and generally doing what they do best. Forcing credit into the market can be a dangerous thing in itself.

Footnote: The best quote in the Indo article with that Fielding sound-bite is the one from John Trethowan, head of the Credit Review Office.

The former banker said both AIB and Bank of Ireland have been working to help set the independent Credit Review body up.

“So if the credit reviewers and myself come up with the opinion that a credit is safe, I am pretty sure that the banks will be minded to listen to what I’m saying,”

Er, but the thing is, Mr Trethowan is kinda unlikely to have a differing opinion. Under the set-up all applications must have gone through the full internal appeal process – up the chain of command – in the bank before it comes before the Credit Review Office. So the chances of the Office disagreeing with the banks’ decision is fairly low.

Plus, as a former President of the Institute of Bankers in Ireland, Chairman of the Bank’s Pension Scheme, Executive Director of National Irish Bank and former Executive Director of Nautilus Insurance Europe and Northern Bank, I’m not sure if Mr Trethowan would be the type to step on the toes of tight pocketed bankers.

Is that the sweet smell of a quango?… Maybe I’m just getting cynical in my old age.

New details relating to Terence Wheelock case

On April 12 2004 MALE A was arrested on Séan O’Casey Avenue. On September 2 of the same year he made a statement to the now defunct Garda Siochana Complaints Board about his arrest. In his complaint he made a number of very significant allegations against several gardaí.

Most notably the details MALE A provided in his statement allege he was assaulted in a manner very similar to the alleged assault against Terence Wheelock.

The similarities in the two allegations are significant. Both MALE A and Mr Wheelock were arrested on Séan O’Casey Avenue within twelve months of each other. Both are of similar age. In both cases claims are made that the subject of the arrest was ‘roughed-up’ at the scene. In both cases the nature of the alleged attacks by the members of An Garda intensified once the subject had been brought to station. The Gardaí in both cases are alleged to have targeted the anal and lower back areas of the subject’s body, as well as other areas. Both cases include allegations that gardaí seriously assualted the subject in the station cells. Furthermore, one particular garda was involved in both incidents. All in all, the two incidents, as described by the complainants, are almost carbon copies.

The 2007 inquest, held in camera, into the death of Mr Wheelock and the recently published report by the Garda Ombudsman (proceedings also in camera) both vindicated the Gardaí. However, importantly, the complaint by MALE A resulted in several officers being found in breach of discipline. Some of these Gardaí, it was then decided, had breached discipline in a manner serious enough to warrant an appearance before a disciplinary tribunal.

All the information above is detailed in the version of the Ombudsman’s report supplied to the Wheelock family. This version differs in several areas to the one made available to the public earlier this months. I obtained the document via Ken Foxe and have photographed and OCRd the significant pages which have not been made public before today. There are other differences between the family and public versions but these are not noticeable on first glance. In coming weeks I’ll photograph every page and, with Gav’s help, stitch the images together to form a full electronic version of the family’s copy. I’ll then post it here for people to comb through. Unfortunately, this copy will likely also have to contain considerable redactions. Continue reading “New details relating to Terence Wheelock case”