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THE POLITICAL INQUIRY is to justice what soft drinks are to a session in the pub: Litre for litre they’re more expensive than what everyone else is having whilst providing comparatively little of the expected payoff.
The Oireachtas banking inquiry reached its rushed conclusion this week and told us precisely nothing we didn’t already know.
It took down onto official paper that which you could already read in several long printed books or various analysis pieces by Irish and international authors, and expanded the thoughts of some key actors into new strings of quotation.
It is the perfect example of what a waste of time, effort and taxpayer money that political inquiries are.
The banking inquiry seemed to expend more energy on threading a needle through the complex weave of legal and political considerations facing it than investigating the crisis itself.
Politicians have long called for more powers to conduct inquiries on the basis that they can produce results quickly and efficiently.
Though there is rare evidence from Irish political past and from foreign parliaments of political inquiries working, the form seems to be to produce more banking inquiries than truly effective and earth shattering documents.
Patchy prosecutors
At the outset, asking politicians to investigate complex matters is as good as asking a random pool of punters on Grafton Street.
There are highly intelligent people in the Oireachtas and who served on the banking inquiry, but as we see here and in committee rooms all through Leinster House, politicians are patchy prosecutors.
Their skillset and experience is often mismatched with either or both the topic under investigation or the requirements of running an effective inquiry.
We see this come through in the organisation of inquiries, the patchy quality of the questioning of witnesses and their logical capabilities to follow the evidence.
The banking inquiry, for example, failed to get the guy who ran the Central Bank’s stability unit from 2003 to 2010 in for questioning.
He later submitted a statement that was highly critical of the Central Bank management, but it was never really pinned on the senior managers to explain themselves.
Other witnesses ran rings around the wannabe prosecutors, and some of the political giants of the pre-crash era gave bullish accounts of themselves that more junior politicians were unable to properly challenge in the arena.
Politicians aren’t professional prosecutors and they aren’t subject matter experts. This puts them on the back foot from the off.
And that’s before you consider the environmental factors constraining a political inquiry: The biases and potential biases of the members, for example.
Even though the banking inquiry seems a fairly balanced report, the government fought for a majority on the panel which, from the off, gave some political participants of the crisis years an excuse to malign its fairness before a single witness was called.
A political inquiry cannot make findings in fact about people.
I think this is a power the Irish people were wise to refuse politicians in recent years, but it quite stymies any attempt to get to the bottom of what happened in the run up to the crash if you can’t point any fingers.
Similarly where the inquiry could make findings, it was so careful to avoid legal entanglements as to neuter many of them.
Imagine if you were going on trial for robbing a bank, but you could have your legal team tie up the opposing team and the judge and the jury in this way?
Oh, and the opposing team and the judge aren’t themselves legal professionals.
And the jury isn’t allowed to actually arrive at a finding anyway. Handy.
No legal weight
Sometimes politicians don’t try and carry out the inquiries themselves. They set up tribunals, instead.
Multi-year multi-million euro operations, they wind on and on interminably trying to get to the bottom of complex matters.
At least those trying to find the answers are professionals, who can bring in subject matter experts and aren’t forced to rush out their reports before an election is called.
Unfortunately, and this is the real kicker, the way that politicians set up tribunals specifically means that their reports carry no real legal weight.
The judges running tribunals can, after a decade or more of deliberation, say that you did indeed rob that bank.
Unfortunately, this finding cannot itself be used to convict you of robbing a bank.
Instead, the police and public prosecutors will have to go back and start a completely new investigation, run over precisely the same ground as the tribunal, come to a finding and secure a conviction in a court.
Lucky for you, for some reason they fail to adequately explain, the law enforcement agents will fail to bring forward any such attempted prosecutions for years after the publication of a tribunal report.
Spectacle over substance
Political inquiries, be they directly carried out by politicians or simply mandated by them, are as useful as chocolate fireguards.
The truth is, they are set up by politicians who want to appear macho and in control of a situation; and produce at the end a bill for the public purse and a whimper in the discourse of the nation.
They are more spectacle than substantive.
One can’t help but feel that this is how the political and public sector system prefers it.
Instead of relying on experts to conduct inquiries or law enforcement to chase suspected wrongdoing, we kick everything to a neat form of touch.
Appearances are maintained, lawyers grow fat on fees and nobody is ever actually inconvenienced by blame.
If we were less for political theatre and more for results, we’d empower two bodies: Firstly, we could give someone like the Comptroller and Auditor General the power to compel funds from the exchequer to run inquiries into failings of the public sector or in matters pertaining to the public good.
So when the State goes bankrupt from a banking collapse for example, the body we trust to audit the spending of State monies should be the one that can step in and set up inquiries with fully sharpened teeth and the power to issue binding recommendations.
State screw ups usually cost the taxpayer money, so be it banking collapses or redress schemes for the victims of clerical sex abuse cover ups, they would have remit to investigate.
Besides this, we need a proper body for investigating public corruption.
Ireland is not a rampantly corrupt country, but it isn’t above reproach either.
The fact is, however, that it is usually down to journalists, such as from Prime Time Investigates, to uncover corruption; and it is rare enough we see anyone carted off in shackles to face a trial.
We should set up a body similar to the Criminal Assets Bureau in that it is independent, can take experts from sources like the Revenue and Gardai, and is empowered to chase criminals in its area.
So, public servants – elected or otherwise – shouldn’t be getting calls from journalists offering them a bit of a bribe to zone some land.
It should be a law enforcement official whose mates will come collect the individual very early in the morning for further questioning.
If we were serious about investigating and learning from the causes of our major State calamities, and if we were serious about fighting corruption, we would give up on the charade of inquiries and tribunals and take these substantive steps. Fat chance.
Aaron McKenna is a businessman and columnist for TheJournal.ie. You can follow him on Twitter here.
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surprise surprise all enquiries come to nothing in ireland only losers are the taxpayers no member of goverment or banks will ever lose out
The offenses of the capital owning elite are rarely prosecuted because in most cases they’re not deemed to be crimes at all by a legal system which is designed with their interests in mind.
The content and the application of the law has always protected the welfare of the wealthy and powerful. So the financial elite were able to destroy the entire banking system and have their political enablers pass their staggering losses on to the working class and the vast majority of this colossal theft was accomplished quite legally.
In contrast, the “crimes” against the interests of capital are always swiftly and efficiently dealt with by the state. So for example, ordinary people who oppose this banker debt being loaded on to their backs through for example opposing water meter installations are faced with the full rigour of the law and will be beaten off their own streets by the Gardai and jailed by the courts if they persist. Or those who sit down in protest behind a ministerial car are charged with “false imprisonment” and face a possible life sentence if convicted. Our crimes are determined by our class in this brave little “republic” . Interesting.
It was politically motivated to damage the opposition. Should have been an independent judicial hearing but FG insisted on a political panel. Our political and judicial system needs overhauling. The other inquiries will end up the same. A waste of time and money.
Correct Christy, a €5,000,000, taxpayer funded ‘What FF did’ exercise by FG/Labour, which has backfired horribly on the government. Before it even began, Kenny fiddled with the numbers on the enquiry so he could set the terms of reference, and even ADMITTED to doing so in the Dail. Then, it was shown at the committee, that the crash would have been even WORSE, if FG budget submissions had been followed. Now it has ended with a call for a FG minister to resign for apparently misleading the Dail.
A backfire of biblical proportions.
Nothing more than sleezy business at these hearings when nothing will ever be against the do called politicians
Can’t wait for karma to hit that Bertie fcuk hope he dies a horrible death
#Sheila Bedford
We must remember that when they hit us with another referendum on ” political inquiries for political gain”.
You basically summed it all up Wally. But the sad part is ordinary people (fianna Gaelers) are voting for people who basically stand for this system so how do we tell these people they are damaging the country beyond measure.
Why do we continue to accept this state of affairs? Perhaps because we are doomed by our biology to accept hierarchy as the only way to organise society? The banquet for the big-balled and the scraps for the rest
This is fg ff and lab all over
Things will never change unless they are out of power
Wow that’s a long article about stating the bloody obvious
“Political inquiries, be they directly carried out by politicians or simply mandated by them, are as useful as chocolate fireguards.”
Wrong.
They make excellent replacements for anti corruption agencies or innovative methods of making public servants accountable.and besides politicians get lots of ego exposure and expenses-more importantly nobody loses a job and nobody goes to jail.!
Seems to me that the Irish Public Enquiry is here to stay.!
Aaron, what you missed was the wealth of evidence and conclusion this now provides for some to sue the State for negligence and perhaps discrimination, under a constitutional challange re- article 45:2:iv, (the flow of credit) Why indeed do we pay top salaries with massive budgets for State agencies that are not fit to practice.
Martin, sadly 45 2 IV is a social policy provision and not justiciable. The Cental Bank Act 1942 contained that wording, giving it statutory effect. Guess what. The statutory provision was removed in 2003.
The Banking Inquiry did not even touch the surface of what happened and how the Central Bank of Ireland and the Financial were intentionally subverted and rendered inactive in relation to the control of the supply of credit in the public interest.
You have identified the key legal factor.
The lawyers thing is a total red herring. Yes the lawyers made money but the lawyers did not want the inquiry at all because of Maguire v Ardagh.
Yes it was …. Not a bit bias either…….
Martin’s point
Article 452 IV of Bunreacht no hEireann and repeated in the Central Bank Act, 1942.
iv. That in what pertains to the control of credit the constant and predominant aim shall be the welfare of the people as a whole.
Sorry, of Bunreacht na hEireann.
Why was that Constitutional imperative not dealt with ?
Hi Fiona, thanks for the helpful comment. Not sure why its wasn’t delt with, other than the hubris of those currently in power. Part of the challenge is that by inserting a ‘social policy provision’ of such fundamental value into the Constitution provides a point of very significant relevance, one which is deemed by its presence not an issue to be overlooked. Otherwise why is it there? Hence game on ! In regards the question of a none justiciable context, this can be argued in relation to the fact is published and maybe consider verbal in contract. Anyways some more digging to be done,and if this jurisdiction won’t take it on, may it could be tabled in Europe.
Compensation is due for this almighty fek up . . .
Martin, I think that you are on to a very promising line of argument but one which the current Government does not want to engage with.
Would you see it anywhere else. Beaming smiles if not “this is great craic” look on all their faces into what should have been the most serious inquiry in the state. What is the smiling all about?
They are all smiling because allegedly just before that photo shoot they all handed in their long list of expenses…so you the taxpayer can gift them wads of cash.
The opening paragraph is bang on in your article Aaaron. 100%
Have a poll using it word for word and send a message that to the Oireaachtas that we want change.
Irish lawyers are well piaid to take the brickbats of Irish public resent,ent while the real micreants quietly slip away. The lawyers are a diversion, a distraction and Aaron knows this.
Real miscreants walk away while Aaraon points us in the direction of the fat cat lawyers. Neat.
Relax,no doubt we will have another enquiry on the Eircode scandal in due course..
Lol
only in Ireland.
And an inquiry into Hogan/Kelly and Antran being shored up by our money. Well done Catherine Murphy AGAIN.
Exactly JJ; Only in Ireland. Hearing more and more of that lately. Why ‘only in Ireland’? Why, as a nation, do we put up with this? If you have a look at the developments in Iceland over the last few years, particularly in relation to the management of criminal investigations into the crisis, you’ll find it hard to hear any commentator say ‘only in Iceland’ In fact the only time I’ve ever heard that was from Kerry Katona through a mouthful of deep fried chicken-substitute nuggets.
Same circus different clowns…it just continues every four years. Whatever good intentions they have starting political life, they all end up feathering there own nest in the end.
I’d even question the intelligence of these guys considering some of the goddam awful amateur type questioning ie: did you ever get a lift from a developer?, and do you think you were worth the money you were getting paid? And I guess another reason why they prefer to hold enquirys themselves is because they can divert the blame away from themselves and their own horrendously expensive mistakes.
Enda considering a rerun of referendum to give oireachtas tribunals more powers. Having followed a good bit of this farce I expect that would be defeated again.
The objective was mainly achieved. To give the electorate the view they did something but the key delivery of giving FF a bloody nose was an abject failure.
Everybody in this Country knew when this inquiry started there was never going to be a Banker ,Politician or Developer finish up in Jail especially when the team were picked and Enda Kenny added 2 more from his own party to have control of the inquiry .Its sicking to think that these people can do what they like and get away with it .
Aaron you need an article on the Eircode scandal…
Good
See this GLE yesterday. Alex says lots of letters have eircodes on them. And satnav is coming.
Hardly a scandal
It is most definitely a scandal. Not as big as siteserv, IBRC, Fennelly, Garda whistleblowers etc. But when you have to create a hierarchy of scandals, something is seriously wrong.
I also have to question the support the Irish Times is offering Alex White on this issue. Every other paper & media outlet lead on the overspend of €20 million, IT published an upbeat article repeating White & DCENRs Eircode spin. The Irish Times were even able to report before tender eas over that Garmin (Loc8) could tender but would not win. In the end Rabbitte imposed a €40 million turnover limit to lock out Loc8. Letters page of IT utterly silent on PAC Eircode expose. Is this what happens when Irish Times owned MyHome.ie become early adopters of Eircode? Maybe MyHome got Eircode integration for free in return for unquestioning support by Irish Times. Perhaps the paper of record is CORRUPT
If that is acceptable way of doing business to you John then fair enough.
Ciaran Lynch smiling like a Cheshire Cat
It’s a well written piece and expresses what many Irish people feel about our system………but will it make Aaron change the way he intends to vote…..or will Aaron vote ‘blue’ anyway because like most Irish people they can’t think of an alternative and therefore keep us on the treadmill to nowhere?
Al Ca sure it wasn’t FF fault. Not even the great FG could pin that on FF. So if you had to vote for one on the basis of banking inquiry why not FF? Incredible really not to turn that dominant position into a win.
That’s because Lavbeer….FG have been playing footsie under the table with FF….now that Dr Inquiry has checked FF’s wobbly bits and declared them clean, they can now jump into bed together and keep the gravy train rolling. Choo! Choo!
The legal profession are Irelands VULTURES.
In contrast to the virtuous Bankers?
That’s what banking inquiries do! Waste a lot of time and a lot more of tax payers money! ! There’s a reason for the “That’s a real Irish thing to do” phrase exists.
No accountability Ireland inc the land off the corrupt banksters & corporate government
Totally agree the face on Bertie says it all. Those with the most culpability still living it up while the rest of us pay the price.
I really wish I was a lawyer, in this country…….
Most ordinary lawyers, not the big firm lawyers, are sick if the way that this country is governed.
It is the highly privileged and golden circle law firms who love this protection of privilege.
Actually it’s the ‘magic circle’ and the ‘silver circle’. There’s no gold circle.
In Ireland it’s the gold or platinum circle.
Stephen Donnelly of the Social Democrats was right not to lend his credibility to this farce and fiasco of an “inquiry”.
The Banking Inquiry Report was a complete failure.
It did not attempt to address why the control of credit was intentionally dismantled and reapplied with a credit deluge which still leaves Ireland over burdened with debt.
Show your faith in these politicians at the polling station just for the sake of it but expect no real change no matter who gets in then you won’t be too disappointed ,the system is designed to screw the punter and our system is the best at it
Aaron does not name the lawyers involved or how much money they made. Does he know?
Reason there were so many lawyers involved is because of the referendum They had to make sure no questions or the final report had any findings of fact against any individual Have to blame the electorate for that not the politicians
Exactly so. Maguire v Aradgh imposed extremely tight restrictions on the politicians. Any breach of Maguire v Ardagh and the Report would have been invalidated.. Many key areas were off limits for very reasons, such as Cabinet confidentiality etc.
I would have liked to have known why the control of credit was intentionally dismantled.
Christmas Moores song Ordinary Man should be our national anthem as we celebrate our 100 years of freedom from oppression ha ha
Yes, lawyers got fat, but we are not told by how much or who the lawyers are or how many of them are involved.
But that is actually a total and convenient distraction from the central issue.
Why was it that 2003 the control of the supply of credit in the public interest was intentionally and legally dismantled? See Martin’s point above.
Yes, be distracted by peripheral issues. Throw tomatoes at the lawyers but why don’t we ever trouble to look at the core issues. The lawyers point is an easy hit but it distracts from how what happened actually happened.,
What’s new
Some good points made but criticism is of a very general nature against the politic. Reality is this Government set out on a with-hunt to pillory their FF-Green predecessors despite already knowing the limitations of the Inquiry model since the CIE mini-ctc enquiry 2001. Disappointing no personal criticism of the over-zealous FG / Labour politicians who championed this wasteful exercise.
Shock horror.
They always do, politicians always look after solicitors, judges, barristers etc etc as they know all of the little dirty secrets of each other… Jobs for the boys….
Look over there at the lawyers and Judges. Don’t look at the politicians, bankers , developers of “regulators”.
Aaraon has sold a nice dummy and most people are fooled.
They are all one big happy family… lol.
Ahern and cowen. Two heads I’d love to dunk in acid.
Alternative Banking Inquiry Report.
“Aided by successive democratically elected Irish Governments, Irish Banks robbed the Irish people and left the Irish people burdened with generations of Banking debt while politicians chortled and Bankers left with massive pensions .”
Aaron
You forgot to reference Henry the Sixth, Part 2, Act 4, scene 2, 71-78.
Regards
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