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The final report of the Mahon Tribunal which was released in March Leon Farrell/Photocall Ireland

Column Corruption has played a starring role in Ireland's economic crisis

The countries suffering the most from the economic turmoil in Europe all have major problems with corruption, writes Nuala Haughey.

IT IS NO coincidence that countries suffering most from the European debt crisis also have major problems with corruption. While international indicators suggest that corruption is less pervasive in Ireland than, say, Greece or Spain, its ravaging impact on public finances is just as tangible.

Corruption has played a starring role in our home-grown crisis. Not necessarily corruption in the traditional sense of bribery, but what is known as “legal” corruption – practices which, while unethical, are not punishable by law. Our banking meltdown was in no small part caused by legal corruption in the form of the “capture” of regulators and policy makers by a banking and property elite.

It is clear to indignant and increasingly impoverished citizens in both Ireland and the rest of Europe that the debt crisis is underpinned by a much more fundamental crisis of values and governance. It is also apparent that there will be no way out of this mess until we tackle the underlying corruption risks and governance gaps that led to obscene benefits for the few at the expense of the many.

But where to begin?

Ireland’s anti-corruption framework is decidedly patchy

Transparency International yesterday published the first comprehensive assessment of the capacity of European countries, including Ireland, to fight corruption in all its forms. The report Money, Politics and Power: Corruption Risks in Europe, highlights common problems, identifies promising practices and promotes sustainable reforms. The study brings together the findings of 25 country-level National Integrity System assessments which analyse a range of critical institutions and laws in terms of their anti-corruption efforts.

While the report finds huge variations within the region, no country comes of out these integrity health checks with a clean bill of health. It is no surprise that Greece, Italy, Portugal and Spain top the list of western European countries found to have serious deficits in their anti-corruption frameworks, particularly in relation to public sector accountability and efficiency.

Few eyebrows will be raised over the report’s findings that Europe’s integrity leaders – Denmark, Norway and Sweden – share entrenched transparency and accountability mechanisms including active, well-resourced and respected watchdog institutions. For example, Sweden’s freedom of information law dates back to 1766 while its ombudsman has existed since 1809. Denmark, Norway and Sweden, as well as Germany and Switzerland, also emerge as countries with relatively strong parliaments which keep a check on the executive’s actions and decisions, primarily through committee structures with robust investigative powers and strong budget oversight.

Ireland’s anti-corruption framework is decidedly patchy, with significant gaps that undermine the quality of our democracy and standards of governance. But there are also some signs of progress on several of the key recommendations in Transparency International Ireland’s National Integrity System assessment (which was published in 2009 and is currently being updated as part of the 25-country project).

The secrecy behind NAMA, the Central Bank, and the Gardaí

On the downside, policy-making remains shrouded in secrecy and crucial institutions like NAMA, the Central Bank, the National Treasury Management Agency and the Garda Síochána remain outside the scope of our freedom of information laws. Political patronage is alive and well when it comes to appointments to state boards. Structural weaknesses in democratic governance mean the executive is not properly held to account by parliament. Our ethics watchdog, the Standards in Public Office Commission, is hobbled by weak investigative and sanctioning powers. And political party finance laws are riddled with loopholes — significant corruption risks that draft legislation does not adequately address.

If we have learned one thing from our debt crisis, as well as our church and political corruption scandals, it is that there is an overwhelming need for a law to encourage and protect people who report wrongdoing and maladministration in the public interest. A draft whistleblower protection law shows promise, but is only one of many steps needed to break down the fear and cultural ambivalence that prevents decent people from acting for the common good.

The Mahon Tribunal laid bare the corrupting influence of furtive lobbying on our planning and political systems and a planned statutory register of lobbyists – provided it is mandatory – could help ensure that policy making is not skewed in favour of special interests.

As scandal after scandal has shown, Ireland’s integrity problems are not exclusively caused by the absence of legal or institutional powers, but often lie with the unwillingness of politicians, police, officials and even ordinary citizens to invoke them. A frustrated public has good reason to be sceptical about whether individuals exposed recently in the final and damning reports of the Moriarty and Mahon tribunals will ever pay any price for their corrupt or crooked activities. Or whether the investigations arising from the banking crisis – despite the enhanced investigative powers provided by recent law reforms – will lead to bankers being put behind bars.

‘People do not trust the government to tell them the truth’

Delay or inaction in the pursuit of justice creates the impression of impunity, which erodes trust in democratic institutions; it shouldn’t be too surprising therefore that this year’s Edelman Trust Barometer found that seven in ten Irish people do not trust the government to tell them the truth. Tolerance of or ambivalence towards white collar crime or corruption also undermines social cohesion in a very tangible way. People, rightly or wrongly, say to themselves: ‘If that shower can get away with bringing the country to its knees, why should I pay my household charge?’

The Taoiseach’s election mantra was that he wanted to make Ireland the best small country in the world in which to do business, raise a family and grow old with dignity and respect. If he is serious about this, he needs to go beyond austerity economics to tackling the fundamental causes of this crisis.

Certainly, we need political engagement at the highest level to drive a multi-agency approach to tackle corruption in all its forms. But more importantly, we need genuine and enlightened leadership to initiate the profound changes in cultural values that are required if we are to succeed in putting clear and honest conduct at the heart of public life.

Nuala Haughey is Advocacy and Research Manager at Transparency International Ireland. This piece also appears on TI Ireland’s website: www.transparency.ie. Ireland’s NIS study is available here.

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    Mute Mac Ready
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    Jun 3rd 2012, 11:56 AM

    And we have this man managing the health service and he can’t even run a nursing home he owns properly!

    96
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    Mute Peter
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    Jun 3rd 2012, 2:07 PM

    Comment of the year

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    Mute David Higgins
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    Jun 3rd 2012, 3:43 PM

    Did you actually read the article which shows that he only has a 25% stake in the home and that he has NO management capacity either?

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    Mute Sheila Byrne
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    Jun 3rd 2012, 4:14 PM

    @David Higgins

    To repeat what you just stated, “he has 25% stake in this nursing home. So he gets no income from this? If he was to ‘sell’ his 25% stake he’d take nothing. Grow up David. 5% stake is still 5% I agree with you sometimes but your statement here makes no sense!

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    Mute David Higgins
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    Jun 3rd 2012, 4:19 PM

    Of course he’d get something if he sold his 25% stake….
    I never tried to say otherwise.

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    Mute Ryan Allen
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    Jun 3rd 2012, 5:10 PM

    “Reilly does not have a management capacity in the Greenhill home; HIQA records list Dr Dilip Jondhale and Dr Vasudha Jondhale as the registered service providers in that facility.”

    I do sometimes wonder if people actually read the whole article or just the headline before posting their comments.

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    Mute Paula Brennan
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    Jun 3rd 2012, 12:02 PM

    Wow! And this is the guy everyone believed with his ’5 Point Plan’ !!!! Then you give away your sovereignty because these clowns asked you to…fools

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    Mute Alan Beirne
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    Jun 3rd 2012, 12:31 PM

    Not one single person here has mentioned the elephant in the room………… This is the ultimate in ‘conflict of interests’. Government Ministers should not be allowed to own a business that they can change and make legislation for, simply put it is corruption. Anyone who voted for Reilly just perpetuates this corruption. Minister for justice Alan Shatters position is the same, here we have a Justice Minister with a huge family law practice who profiteers out of peoples misery yet who can legislate to make the business even more profitable.

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    Mute David Higgins
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    Jun 3rd 2012, 3:51 PM

    Well so what you’re saying is that we can’t have Doctors as Health Minister or Lawyers as Justice Minister. They’re all bound to either have some conflicts themselves or have friends/colleagues who they may like to see benefit too.

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    Mute Ryan Allen
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    Jun 3rd 2012, 5:16 PM

    Hypocrisy of the commentators on here is astounding as usual. Most criticise our cabal of schoolteachers running government departments, saying experts should be running them. And then when there’s a Doctor running Health and a solicitor running Justice, they are criticsed for having a conflict on interest.

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    Mute Bernadette Dunne
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    Jun 3rd 2012, 12:15 PM

    When will this nursing home be closed after all Roscommon A&E was closed on Lies and HIQA never even went inside the Door and James Reilly gave false figures on the Fatality rate Liars is all this Government are

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    Mute James Daly
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    Jun 3rd 2012, 1:45 PM

    For once I actually agree with you Bernadette!

    Except Roscommon was really closed to save money. That was the reason they gave at the start until everyone got mad with them so they made up the false fatality figures and pretended HIQA had recommended closure (both of which the govt later admitted were false).

    So that’s why Reilly’s nursing home won’t be closed. HIQA had nothing to do with Roscommon’s closure.

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    Mute Ailís McKernan
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    Jun 3rd 2012, 1:59 PM

    Couldn’t agree more with you bernadette!

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    Mute Susie Chester
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    Jun 3rd 2012, 6:19 PM

    Absolutely dead right Bernadette. They are liars and would do and say ANYTHING to get their own way.
    Reilly has a 25% interest in this Home , he does not manage it , but does he not go to meetings regarding his investment ? Who manages the managers ? Of course he has a say in how it is run and how much the budget is re staff, heat, food , etc etc…. What ? Does he think we came down with the rain today ?

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    Mute Bernadette Dunne
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    Jun 4th 2012, 1:54 AM

    No, HIQA had absolutely nothing to do with the Roscommon A&E closure it was most definitely Kenny and Reilly just shaft Denis Naughton or why else did Kenny announce it on the day of Denis’s opening of his C.O.

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    Mute Dan duggan
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    Jun 3rd 2012, 12:26 PM

    Is this not an example of corrupt conflict of interest? How can he have private investments in a business he legislates on?

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    Mute Stadler Waldorf
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    Jun 3rd 2012, 12:01 PM

    In fairness he probably has bigger fish to fry. He has a stake in it, but probably isn’t the manager!

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    Mute mart_n
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    Jun 3rd 2012, 12:03 PM

    He should grill his fish instead

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    Mute Sheila Byrne
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    Jun 3rd 2012, 12:33 PM

    @Stadler Waldorf

    The fact that he has a ‘stake in it’ is all the more reason why he should be keeping an eye on it! He is earning money or his wife and children are earning money from the HSE/families of these OAP’s. The owner of Leas Cross received over EUR4million from bertie aherne and mary harney and look what happened there!

    Money grapper, just like the rest of them. They will still have their TD’s pension, their Ministerial penion and a huge bank account from all his other interests eg, nursing homes. The so called manager of Leas Cross, Graine Conway received a salary each month for doing what? and is probably still in the same type of work to this day. God help our aged. Thank God my parents have passed. Unfortunately my father’s passing was sooner than it should after spending 2 weeks in the hell hole Leas Cross.

    Minister Reilly needs to remember what he is, firstly he’s a father, he’s a son, he’s a doctor. Please Minister Reilly, remember where you came from!

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    Mute richard ferris
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    Jun 3rd 2012, 1:26 PM

    If it was our mum or dad in the home I think your view would change.

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    Mute Tom Gallagher
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    Jun 3rd 2012, 11:45 PM

    Did anyone actually read the article? It says he has a ‘blind trust’ arrangement – a necessity on account of a potential conflict of interest. Therefore he is not entitled to interfere in the running of the business. He is essentially a silent partner. @Stadler I assume that is what you are getting at. For him to intervene would compromise his position – people would be saying that the minister is looking after his own. Damned if he does, damned if he doesn’t. The management of the home have a lot to answer for, it would seem.

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    Mute Chris Mcdonnell
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    Jun 3rd 2012, 12:27 PM

    I learned one thing today, I use that shopping centre in Lusk not any more.
    I never spend another penny in he place.
    I know Doctor death doesn’t need my money but he’s not getting it anyway.

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    Mute Leslie Alan Rock
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    Jun 3rd 2012, 12:29 PM

    Hungover Brendan Grace strikes again.

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    Mute Alan Murphy™
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    Jun 3rd 2012, 12:12 PM

    Greenhills is one of the better homes out there in fairness. Hiqa’s rules are very tight, most homes would be in breach of a few, it’s all about keeping up standards.

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    Mute Leslie Alan Rock
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    Jun 3rd 2012, 12:31 PM

    Of course it is. What sort of message would it send out if it wasn’t and the minister for health is involved in it.

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    Mute Paula Brennan
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    Jun 3rd 2012, 12:42 PM

    Fools

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    Mute Ann Reddin
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    Jun 3rd 2012, 3:45 PM

    One of th better homes Seriously – one patient didnt get their medication for 8 months!!!! If that was one of my parents I’d go to the police to see if I could have them charged with criminal negligence and then I’d sue them. The only thing he is interested in is the sound of ka ching.

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    Mute Phil Howlin
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    Jun 3rd 2012, 4:44 PM

    The residents of all Nursing Homes deserve the best attention especially from owners.

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    Mute Alan Murphy™
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    Jun 3rd 2012, 6:38 PM

    Ann, I can only speak from previous experience with greenhills, pretty much if something is out of line there regarding our area of expertise, they normally get it done without question. A book could be written on some other places I can tell you.

    Regarding the 8 months, that is terrible if true

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    Mute Sheila Byrne
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    Jun 3rd 2012, 1:19 PM

    @Alan Beirne,

    Just like F Fail, bertie aherne and Leas Cross! People, ask John Aherne received the contract for his nursing home? (EUR4million), Has businesses in his name, his wife’s name, sons etc. How did John Aherne receive planning permission for houses for family members and Leas Cross? Yet, other people that came from the same area, farmers sibblings couldn’t get planning on their own land? I better say “Allegedly”!

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    Mute Andrew Troy
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    Jun 3rd 2012, 3:13 PM

    This guy is useless and full of hot air. His biggest priority is to stop people enjoying a smoke in the park while out walking their dog. When that point was put to him on primetime all he kept saying was think of the children. His main ambition is to get his name in the history books like Michael Martin and not fix the HSE. Check out his mansion in today’s Sunday Independent page 5. He gets paid to live there. Unbelievable …

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    Mute Ryan Allen
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    Jun 3rd 2012, 5:20 PM

    Where did he say his biggest priority was banning smoking in public areas? It’s a proposal, that’s all.

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    Mute Tom O'Brien
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    Jun 3rd 2012, 3:27 PM

    So much for private services being better than State services. Wonder how the plans to hand the health service over to private interests is going?

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    Mute Ryan Allen
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    Jun 3rd 2012, 5:23 PM

    I’m sure there are plenty of HIQA reports which show breaches of these rules too. One case doesn’t change everything.

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    Mute unadoran
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    Jun 4th 2012, 2:14 AM

    private better than public nursing homes are you mad!? maybe hospitals but definitely not nursing homes

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