http://www.timesonline.co.uk/tol/news/world/ireland/article6991165.ece
From The Sunday Times January 17, 2010
Inquiry on banks to be secret
Stephen OBrien and Tom Lyons
Fianna Fail wants to hold an inquiry into the near-collapse of Irelands biggest banks in secret, despite demands from the Green party and opposition for public parliamentary hearings.
This week Brian Lenihan, the finance minister, is to outline proposals for a two-step investigation into the banking crisis in 2008, which has cost the Irish taxpayer 11 billion to date in capital for Anglo Irish Bank, AIB and Bank of Ireland. In the first phase, an expert or panel of experts will be asked to carry out a scoping report, mapping out areas for investigation by a sworn banking inquiry, according to a senior government source.
This report would then be used to shape the terms of reference for a barrister or judge-led commission of inquiry behind closed doors. Under existing legislation it would have powers of subpoena and discovery, the authority to hear sworn evidence and to make findings and recommendations.
Fianna Fail is believed to favour both phases being conducted in private, with findings and recommendations published at the end of the process. Yesterday Willie ODea, the defence minister, confirmed that the government is considering a two-pronged approach, with an initial expert report shaping the terms of reference of a subsequent inquiry. He said an investigation by the Oireachtas had not been ruled out.
Senior government sources have said that Fianna Fail ministers want any investigation to take place without public scrutiny. They believe this will avoid the risk of a clash with either the garda investigation into Anglo Irish Bank or the director of corporate enforcements separate inquiry into the now-nationalised bank.
Any inquiry would be expected to investigate government decisions that stoked reckless lending by the banks, the financial regulators knowledge of the steps put in place by Anglo Irish Bank to reduce the number of its shares held by Sean Quinn, the businessman, and the circumstances surrounding the movement of 7 billion in funds between Anglo and Irish Life & Permanent.
At a meeting of the Green party last week it was decided that its ministers would press for an early public inquiry by the Oireachtas into the banking crisis. Thats what we are putting to government, said Dan Boyle, the Green party chairman. It will be discussed, I believe, at cabinet on Tuesday. A government decision to opt for a private inquiry is likely to create tensions between Fianna Fail and the Greens.
Patrick Honohan, the governor of the Central Bank, is among those who called for an expert-driven inquiry rather than a Dail committee.
Mike Soden, a former chief executive of Bank of Ireland, said an inquiry would draw a line under the crisis once people knew what caused it.
It will be a total waste of time if it is allowed to become a political circus or a witch-hunt, Soden said. We need to look at relationships between politicians, the regulator, developers, borrowers, insurance companies and investors.
David Went, the former chief executive of Irish Life & Permanent, said: Everybodys role needs to be examined. Im not sure an inquiry at this stage will be that helpful . . . the wounds are too recent. If there is one, it must be held with dignity that preserves the rights of individuals. There has been a lynch-mob mentality at times.
Michael Noonan, the former Fine Gael leader, said he was willing to chair a Dail inquiry.
The government believes that a constitutional amendment is required to allow a Dail committee to subpoena witnesses and to make negative findings against individuals.