Was the guarantee a panicked decision?

It has been a common narrative since 2008 that the decision to guarantee the banks was a late night decision, taken perhaps in the heat of the moment for fear of the entire banking system collapsing if we did nothing (or acted on a set of alternative proposals provided by Merrill Lynch).

However in another tape released by Tom Lyons and me yesterday in the Sunday Independent this narrative is somewhat dented. In the days prior to the guarantee, and in a phonecall likely made between September 24-26, 2008, John Bowe from Anglo spoke to a senior official in the Central Bank.

Bowe: …[The Regulator has been asking]’So when are you going to run out of money’? And this is our best guess as to how these things unfold.
Official: Right.
Bowe: Making assumptions obviously contractual stuff is rolling off and then we’ve made assumptions around the customer stuff. And that, that if you like gives us a point of time which is, which is Monday.
[Silence]
Official: That, that by Monday you will be out of collateral?
Bowe: By Monday, we would, yeah, exactly.
Official: Ok, em.
Bowe: We will be out of cash and collateral.

Anglo were projecting they would run out of money on Monday, September 29, 2008, and if they survived Monday via money market funding they said they would certainly be in trouble on Tuesday September 30, 2008. How well prepared was the Department of Finance for this eventuality? How did they factor this news in, if at all? How panicked was the decision to guarantee?

This information is by no means a smoking gun, but it does add to our understanding of events that week.

1 Grand Canal Quay

1 Grand Canal Street

This is 1 Grand Canal Quay, where Denis O’Brien’s Communicorp Ltd is headquartered. The building is owned by Mr O’Brien personally, with a registered address at 77 Wellington Road, Dublin 4. I walk by it every morning on the way to work so I was curious about it.

A mortgage charge on the property was registered with Anglo Irish Bank in 2001, 2009 and 2011. Each of these have since been cancelled. The most recent charge from Anglo Irish Bank was cancelled on October 19, 2011.


A new mortgage charge was registered 5 months later with Bank of Ireland on February 29, 2012.


This is the full folio:



There are a number of active and former companies registered for the sixth floor at 1 Grand Canal Quay, some of which are connected to Mr O’Brien’s wide ranging business interests. They include:

Communicorp Group Ltd
Barathea Ltd
Digicable Ltd
Partenay Ltd
98 FM Classic Hits Ltd
Brigadoon Media Ltd
Communicorp Investments Ltd
Metro Radio International Ltd
The Haven Community Foundation Ltd
Trinity Property Golf Ltd
European Radio Corporation Ltd
Fieldsville Ltd
Island Capital Ltd
Island Capital Services Ltd
R-Tel Ltd
Radio Two Thousand Ltd
Spin South West Ltd
Web Radio Ltd

Mr O’Brien’s stake in Siteserv is via an Isle of Man company called Millington Ltd.

First protective costs order under Aarhus Convention granted by High Court

Hedigan J granted a protective costs order to an applicant wishing to use Section 160 of the Planning and Development Act to prevent alleged unauthorised development at a waste facility close to her home.

Protective costs orders originate from Article 9 of the Aarhus Convention which provides that litigation in certain environmental matters should not be prohibitively expensive. This provision was implemented in Ireland through Part 2 of the Environment (Miscellaneous Provisions) Act 2011 which protects an applicant from having costs awarded against them should they be unsuccessful.

This is the first time in Ireland that such an application has been successful and importantly the Court clarified the information that should be provided to ground a motion for a protective costs order.

The Court referred specifically to Article 9 of the Aarhus Convention as well as the recent ECJ judgment in Edwards -v- Environment Agency (Case C-260/11) which clarified the meaning of prohibitively expensive under European law.

This judgment is significant not just in terms of planning law but also for access to environmental information law since persons appealing to the High Court against decisions of the Commissioner for Environmental Information may also apply for protective costs orders.

Hunter -v- Nurendale Limited t/a Panda Waste