Unredacting Nama

SBPGavin

Gavin

Gavin Sheridan (above), known as the FOI-nator for his repeated requests for documents under the freedom of information act, will today learn if Nama and Anglo/IBRC are considered ‘public authorities’ under an EU directive, known as Access to Information on the Environment (AIE) Regulations.

It’s been a three-year campaign for Gavin, who told his story in the most recent edition of the Sunday Business Post magazine (above), saying:

“Without adequate access to information, all citizens do not have proper freedom of expression, and we all suffer as a result. If we really want a reformed Ireland, and to learn from the lessons of the past, we must make a decision: secrecy or transparency? And if we choose the latter it must come from the top down. Anything less and we are doomed to repeat the mistakes of the past.”

 

Fair play though. In fairness.

More here.

Update:

 

Nama Loses Information Appeal (Irish Times)

This Is Off The Record

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On RTÉ’s Drivetime Fergal Keane (top), spoke to Mary Wilson about the Association of European Journalists’ event which Frank Daly (above) addressed in Dublin yesterday.

He explained how Mr Daly announced that a post-speech questions and answers session was going to be off the record.

At which point Mr Keane left.

He explained:

 Now remember, this is a room full of journalists. Now many of those journalists are retired but there very senior journalists there aswell, many household names, senior business journalists, some public relations people, who are former journalists. And they were all paying €35 per head for lunch.
…And ‘off the record’ is a term which has a pretty strict definition in journalism. It means essentially a secret briefing, where you can use the information in the future, but you can’t say where it came from and people do it for all sorts of reasons. Politicians, everybody, it’s…it’s the bread and butter of what we do. But the uniquely secretive nature of Nama and the vast amounts of public money, and the public interest involved, as you heard Frank Daly set out himself earlier, made this briefing of particular public interest so as far as I was concerned, I wanted to record it.

 

He added:

And you can hear now what happened next. You’ll hear the end of Frank Daly’s speech and then the voice of the Association of European Journalists’ chairman telling me to take away my microphone and the last voice you’ll hear is that of Frank Daly himself.”

Daly finishes speaking.

Clapping.

AEC representative: ”Fergal, do you want to collect that?”

Keane: ”Sorry?”

AEC: ”Do you want to collect that (the microphone)?”

Keane: ”Why would I collect it?”

AEC: ”Because we’re switching to the Questions and Answers.”

Keane: ”And?”

AEC: ”That’s partly off the record.”

Keane: “So I’m not allowed record that.

AEC: “No.”

Keane: Inaudible.

Frank Daly: “Well, we can do a deal.”

Laughing in the room.

Tom Lyons of the Sunday Independent who had remained at the Q and A said of the five questions asked only one of them was answered ‘off the record’.

He assured listeners that, while he could not disclose what was said, it was something Daly had already mentioned in his speech.

Pic:Indymedia

What Could Possibly Go Wrong?

90230988Nama chairman Frank Daly (above) spoke to Seán O’Rourke on RTÉ’s News At One yesterday Nama’s plans to develop the Dublin’s Docklands and clear Anglo’s loan book.

You may want to sit down.

Frank Daly: “I think the first thing to say is that the docklands area is a hugely successful area. There’s 40,000 people employed down there – everything from commercial law firms, to IT to the financial services. And I suppose the best way to illustrate it, Seán, is that we know there’s going to be more demand for those services, we know there’s going to be further growth down there. I’d say to anybody to just take a walk around the docklands at the moment. And maybe do even more. Last week, I was down in the high-rise Google building that we sold to Google, Montevetro building, we sold to Google very successfully last year. And, from that, you get a great picture of what the docklands is but, more importantly, what the docklands can be. Because if you look down there, and look down the river, look particularly to the northside which is the area, one area we’re concentrating on, you see all these new buildings, very successful activity – IT, commercial law, finance. But, look, and you’ll see an awful lot of gaps. You’ll see derelict sites, you’ll see half-built buildings, like the infamous Anglo building, which we also sold to the Central Bank and which will, now hopefully, be fitted out fairly soon. Then you say, well, who has security over those derelict sites? It’s Nama, largely. And who has the where-with-all, because of the cash we’ve generated, to actually do something about those sites? And again, it’s Nama. So we can pull all of this together and that’s why we’re saying today, this is an area we’re going to concentrate on. Now, I would be at pains to say, you know, we’re not throwing everything we have into the Dublin docklands. There are other developments in Dublin that we are actually funding. And there are developments throughout the country that we are funding and we have the where-with-all to do that because of the cash we’ve generated…”

Sean O’Rourke: “But what are you planning to make happen in the docklands?”

Daly: “We’re planning to make available there, the type of quality, commercial office space that will be needed; that the IDA have told us will be needed, that the FDI (foreign direct investment) will need over the coming years. It’s not there at the moment. We could be facing a shortage of that in Dublin, and in other cities. And I think that’s where Nama can step in and make a very positive contribution.”

O’Rourke: “So how much office space, how many construction jobs, over what time? Have you worked out that?”

Daly: “We’re not going to be specific about what we’re going to do and we’re not going to be specific today about what we’re going to invest there. I don’t think that would be wise because there is a whole process of planning and infrastructure to be done there. And we very much welcome, by the way, the decision of the Minister for the Environment, for a strategic development plan in that area, because that will help move things along and we’re going to be part of that.”

Later

O’Rourke: “Presumably, on a strictly confidential basis, you had good advance warning from the Government about the liquidisation of the IBRC and the folding in then of its assets, worth some €16billion in its loans, into Nama. How well prepared are you for that?”

Daly: “Well, we had…Yes, we had some advance knowledge and advance warning. I think…The way I’d like to say we’re prepared is that, first of all, we have a structure in Nama, into which this can fit, right? But there is a lot of work to be done. There are two issues here. One, is that we will not know what we’re getting until some time around August, until the liquidator has done his jobs, in terms of valuing the loans and then selling off as many of them as we can. Cause remember we only get what’s left. So we’re not going to see what we’re getting, until later in the year. But we can do a lot of planning. I think the other issue we have to decide fairly quickly, not least for our own planning purposes but, in fairness, to the staff in IBRC, who are in a period of great uncertainty about their future at the moment. We need to decide what’s our approach going to be there. And I, remember I was a public interest director in Anglo for a year, so I know a lot of the staff, I know the value of the staff. A lot of them are people who had, who are very good workers, very diligent, had no responsibility for the really bad decisions that were taken there and has that bank in the mess it got into. So, in fairness to them – we need to address that fairly quickly. And we will do that. Certainly, it’s a matter of urgency for the board of Nama.”

O’Rourke: “The suggestion is though that you’ll be in a position to offer about two thirds of them jobs with Nama and then maybe some 300 or so will be maybe let go, made redundant.”

Daly: “It’s far too early Seán to actually speculate about numbers. Remember there’s about 250 staff in IBRC who are already managing loans on behalf of Nama. So certainly, umbers like that will certainly have to stay, but on top of that, it really depends on what we get in August. You know, what’s the residual number that’s coming to Nama.”

O’Rourke: “As you say, there’s a vast array of loans. And you don’t know which you’ll be getting. But do you go along with the view though, that those debtors, be they big commercial companies, it’s in their best interests to get those loans refinanced – in other words, not to have them transferred to Nama?”

Daly: “I think, from a commercial point of view, that most of those individuals or companies would certainly not want to come to Nama. And I think any of them, the more of them that can refinance themselves in the intervening period with the liquidator, the better. Some of them are already making efforts in that direction. Maybe, in a way, it’s a backhanded compliment to Nama that they don’t want to come near us.”

Later

O’Rourke: “What is the situation with the legal actions? IBRC has been involved in several. Will they continue? Or be continued with the same vigour and rigour by Nama, when you take them over?”

Daly: “Well I think we have to see what we take over because, obviously, the legal actions will follow the individual debtors that come to Nama but, again, I would make the general point that our approach to any IBRC debt that comes to Nama is going to be exactly the same approach that we have applied up to now, that is rigorous pursuit that’s in the interests of the taxpayer.”

Oh.

(Laura Hutton/Photocall Ireland)

Nice Work

This time last year, it was revealed that NAMA had spent €27,550,000 on legal expenses in the first two years of operation, with the State’s biggest law firm Arthur Cox trousering €3,070,000 of that.

A mere drop in the ocean, friends…

Fees of some €70 million have been paid by Nama, the Department of Finance and two other State bodies for legal advice and services connected to the banking crisis.
An analysis of figures from the department, the National Treasury Management Agency, the National Pension Reserve Fund and Nama shows the State’s largest law firm Arthur Cox was paid some €32 million of this figure since 2008. The firm has provided advice on matters such as the bank guarantee, the restructuring and recapitalisation of the banks and the establishment of Nama.

Yikes.

Bank crisis legal advice cost State €70m (Stephen Carroll, Irish Times)

(Leon Farrell/Photocall Ireland)

Outside Nama

This afternoon.

Dave Madigan and Meadhbh O’Connor write

We are two visual artists working on a joint project entitled ‘Power Structures’, which involves the photographing of a temporary sculpture in different loci of power. We are interested in aspects of power in its many manifestations.We have constructed a modular Sierpinski pyramid as a symbol of a hierarchical structure, i.e. many components on the lower layer, proportionally fewer on the layer above and so on rising to a single apex.
We have been photographing it with various recognisable institutions or agencies of power and influence, be they political, financial, religious, infrastructural or social. It is our intention to elicit in our audience a questioning of the nature, distribution and formation of power in society. We took this at 4pm outside Nama’s headquarters in Treasury Building, Dublin.

More information on the project here.

So Farewell Then, Treasury Holdings

TWO OF the State’s most ambitious developers, Johnny Ronan and Richard Barrett, will see the end of their globe-spanning company, Treasury Holdings, next week after conceding defeat in litigation taken by one of its banks.

Liquidators are expected to be appointed on Tuesday to the insolvent property business by the High Court after the company said it was no longer resisting an application by KBC Bank to have the company wound up over a debt of about €55 million. The rejection of a last-minute offer by US bank Morgan Stanley to buy the company’s debts from the State’s National Asset Management Agency (Nama), which supported KBC’s action, has led to the imminent failure of the group, sources close to the company said.

One of Nama’s top 10 debtors, Treasury has total debts of €2.7 billion, including more than €1 billion with the State loans agency.

World comes crashing down on Irish developers’ global empire (Simon Carlswell, Mary Carolan, Irish Times)

(Laura Hutton/ Photocall Ireland)

Enda Farrell, Nama And The Auditors


 

On April 1, 2012, the Sunday Independent published an article stating UK equity firm Forum Partners had hired former Nama executive and portfolio manager Enda Farrell “to scour the Irish market for distressed debt deals”.

On August 5, John Mooney, of the Sunday Times, reported that Farrell and his wife Alice Kramer had purchased  a five-bedroom house in Sundaywell, Lucan, Dublin for €410,000 in December 2011 from the agency’s portfolio without the board of Nama knowing about the sale.

The property was never advertised.

The article stated Farrell bought the home after he made an unsolicited approach in August 2011 to the previous owner Thomas Dowd, a former business associate of Derek Quinlan.

It said Farrell didn’t tell Dowd about his position in Nama. Dowd had bought the house for €1.4million in 2004.

Mr Mooney wrote: “Dowd is believed to have provided Nama with Farrell’s name and address before the sale, but the agency’s compliance and supervisory departments appear not to have noticed the connection.”

He added an investigation by the newspaper prompted officials in Nama to carry out an internal inquiry.

On August 6, 2011, it was reported that Farrell felt he acted in good faith.

The Irish Daily Mail quoted him as saying: ‘In July 2011, at a time when my wife and I had decided to purchase our first home but before we had identified a specific property, I discussed the possibility of acquiring a Nama property as my home with the agency’s head of compliance.
‘I received Nama compliance training during which I was told I could purchase residential property as a principal residence. I sought and received informal clearance from the compliance unit to purchase a property as a primary residence.

‘I did not inform Nama of this specific purchase which closed in the weeks leading up to my departure from the agency. I believe I acted with probity at all times.”

On the same day, RTE reported a Nama spokesperson saying they had: “no record of clearance for a transaction in which a former employee bought a NAMA property”.

On August 12, The Sunday Times reported comments from Farrell’s solicitor Robert Dore that Farrell believed some of his co-workers at Nama knew about his property deal.

Yesterday it was reported that Nama had obtained High Court orders last week to issue legal proceedings against Farrell “over the alleged removal of confidential information from the agency.”

The orders demanded Farrell and his wife to hand over all the confidential documentation they had on Nama.

Last week’s proceedings were held in camera. But yesterday, at Nama’s request, the order to keep them private was lifted.

RTE reported: “Lawyers for NAMA told the court that information was taken in a premeditated way over a number of months. The court was told the confidential information taken relates to loans and properties with a combined value of many billions of euro.”

In a statement, Nama said it became aware of the purchase on August 2.

Today, in a report from yesterday’s high court proceedings, the Irish Times reports that Enda Farrell’s wife works in compliance for Ernst & Young..

It also reports that the court heard Farrell sent up to 30 emails containing “highly confidential and commercially sensitive information” from Nama to his wife.

The court heard Nama uncovered this after Deloitte conducted an audit – on foot of learning about the sale. The court heard an internal inquiry is now taking place in Ernst & Young.

Last March, the Irish Independent reported Ernst & Young had earned €8.4million from its work with Nama since its inception.

Deloitte, which is Nama’s internal auditors, had earned €4.8million.