Seanad debates

Thursday, 8 July 2010

Commission of Investigation (Banking Sector) Order 2010: Motion

 

7:00 am

Photo of Martin ManserghMartin Mansergh (Tipperary South, Fianna Fail)

I thank Senators for agreeing to the motion which obviously was the subject of substantial discussion between the parties.

On Senator Twomey's remarks, there are many who would like to see outcomes, to put it tactfully, to the work of the Director of Corporate Enforcement, the Garda Síochána and so on. Certainly, what we are establishing will not interfere with this, but, equally, the Government is precluded from interfering. Nonetheless, the public's wish for developments is near universal.

With regard to NAMA or anything else being set up, it would be wonderful if one could foresee perfectly all of the difficulties, hitches and developments along the road. That is not always easy, but, at the same time, because of the extreme importance of the issue which is constantly debated and the subject of questions and media coverage, we also need structured investigations and reports. I am not concerned about the fact that there will be five reports. The importance of getting to the bottom of all aspects of what went wrong is so great that one has to examine the issues involved from different angles and through different lenses. Obviously, there will be overlaps, but it is important to synthesise to reach a conclusion. I do not believe it is a situation where, although investigations are important, one investigation will provide all the answers.

The crucial period is the years leading up to the crisis in 2008 and its early stages. I am very happy the remit has been extended to cover the period leading up to nationalisation of Anglo Irish Bank on 15 January. However, the Government does not consider there would be additional value, at least at this stage, in extending any later the period the commission of investigation will be asked to examine, having regard to the need to ensure it will undertake its work in as efficient a manner as possible and the requirement in the draft order that it complete its report no later than six months from the date of establishment.

Certainly, listening to debates in this and the other House, Members do not want investigations to continue interminably. As we have found with many other inquiries - Senator Ross mentioned some of the tribunals - if their scope is widened too much, the investigation is prolonged. There is nothing to stop the Houses from deciding when it comes to November and the report can be debated that further action is needed. One must take the process a step at a time and we may want the report in November extended to 15 January 2010, which was argued for by the Labour Party and which makes sense. We should get to November first.

I am sure the Taoiseach and former taoisigh will, if called upon in an appropriate context, be willing to answer questions. I agree with Senator Alex White with regard to the quotation from a former Taoiseach, Deputy Bertie Ahern, about tax incentives and the endless pressures to keep and extend them. I can express a personal view on those and other pressures. The Houses have been discussing non-financial legislation over recent weeks and people have tried to exert enormous pressure in this regard. We need to get better at dealing with, withstanding and resisting such pressure because many people seem to believe that legislators such as Deputies and Senators can be pushed around, bullied, intimidated and harassed by groups who very often do not represent any kind of majority but rather represent a vehement view.

We must get better at combating this. There was an amendment in the Finance Bill where people wanted to create financial incentives for building primary health care centres. I was lobbied on the subject but I did not bother either the Minister or the Department of Finance and told the parties involved they were part of a wealthy group and if the complexes were worth building, they could do it on their own. I argued that incentives had got us into trouble and said goodbye to them.

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