Yearly Archives: 2013

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Des Peelo, an accountant who represented Charlie Haughey and Bertie Ahern, was on the board of the Central Remedial Clinic for 24 years. He was also chairman of the organisation from 2002 to 2010.

He spoke to Seán O’Rourke this morning and told him the HSE has known that the charity’s money was used to pay its managers.

Peelo: “Every year since 2010 the HSE gets a list of the salaries – and they know about it. There is no secret, there is no sudden publication by the HSE – they have been fully on the record and agreed by the HSE.”

O’Rourke: “In writing?”

Peelo: “Yes, in writing.”

Sean O’Rourke: “So, the previous Chief Executive, for instance – the way the information has come out now – a salary of 106,000 which was topped-up by various other add-ons to the tune of 136,000.”

Peelo: “He was one of the nine, he’s now retired from the board – he’s now retired.”

O’Rourke: “But was the full amount paid previously by the HSE?”

Peelo: “Yes it was.”

Sean O’Rourke: “So they just subtracted the 136,000 and used substituted, alternative monies?”

Peelo: “He was just one of the nine, I stress he was of the nine – the HSE was fully aware of – now I don’t know what the position is over the past four years , but my understanding following a brief chat with the Chairman this morning is that the arrangement has continued. The real point I’m trying to make here Sean is that there’s nothing hidden about this – the HSE – and by the way I stress in meeting with the HSE in 2009 this is not by any means…”

Sean O’Rourke: “So they knew all along?”

Peelo: “Yes, it’s not a criticism of the HSE they sat down and…”

O’Rourke: “Who, who was at the meeting?”

Peelo: “Shall I name names – shall I name them?”

O’Rourke: “Yes, well I think that there’d be no harm if you were to name them – because presumably there’s a record of this?”

Peelo: “Yes, there is of course. The person I met but I stress now they operated completely professionally. I met Laverne McGuinness, who was a national director in primary community and continuing care. I met Liam Woods who was the head finance man and three other people, all of whom I think had a connection with disability. But I stress, I’m not making any criticisms of these people.”

Sean O’Rourke: “No but they were the ones who raised the questions, you went along and you explained these are…”

Peelo: “Yes.”

O’Rourke:“…contractual obligations that the CRC has.”

Peelo: “Yes.”

O’Rourke: “The understanding was ‘ok, we’re going to reduce our salary payment to get it in line with public sector requirements and what you do then, you’re going to top up the…”

Peelo: “No, it wasn’t a top-up, it was…”

Talk over each other.

O’Rourke: “Sorry you restored the balance.”

Peelo: “And, also, an important thing to add here, but I stress I’m not criticising these people, they were very good to us and we explained professionally you know what the problem was and what the difficulty was. We operate to high standards at the CRC, and always have.”

O’Rourke: “So was there any question of the HSE saying to you ‘look this is not acceptable, there have to be pay cuts, we’re going to discontinue funding you, or anything like that?”

Peelo: “In a way they were discontinuing the funding because on the 31st of December, of the 1st of January, we had to take on the obligation which we willingly did by the way. And there’s no difficulty about that. We willingly did it..and they can understand…look at it this way, it’s employment. We’re an independent organisation, we couldn’t literally just unilaterally, we would be sued for god knows what under employment legislation, by the people concerned. We would also, by the way, lose what is top management. The CRC is tops in what it does and always has been.”

O’Rourke: “But the current chief executive is being paid I think €106[000], there’s no top-up, that’s just…”

Talk over each other.

Peelo: “The arrangement with is, I’ll actually quote what was said in the letter that we wrote confirming the arrangements. I quoted, this is writing to the HSE confirming the arrangements of that meeting in June 2009. It was November 200, before either the whole thing could get kind of sorted but this is one, I’m just quoting one aspect from it. But I keep saying I have no criticism of them, they tried to help us and they always have in the HSE. We’re one of the people who speak well of them. It says here, as and when I wrote the letter: ‘As and when the management post concerned fall to be replaced through retirement or resignation, the salary of the incoming replacement will be discussed and agreed with the HSE’. In other words, this is a problem that would disappear with time. But I do stress, it was like the hospital consultants, there’s contractual obligations. If we walked away, we’d end up paying more money…which we had to find somewhere anyway. So all we were doing was addressing what was a problem. Very important here is, a bit like the Government, when you’re faced with difficult problems, you still have to make a decision. Directors must make a decision because..and faced with circumstances, that’s what we did and that’s what the HSE did and we think we did the right thing.”

O’Rourke: “So, is it your basic contention that there were no top-ups, there was simply a substitution of one kind of funding for salaries…”

Peelo: “Yes.”

O’Rourke: “By another?”

Peelo: “Yes.”

O’Rourke: “And the HSE was allowed, by virtue of the agreement, that you made with them, to reduce its contribution towards the salaries to the across-the-board level salaries in the health services.”

Peelo: “Yes, they were very good. We had this problem..”

O’Rourke: “Did they say ‘that’s OK with us’ and ‘this is how we’ll solve the problem’?”

Peelo: “Yes.”

O’Rourke: “Well that puts things, I think, in a somewhat different light. What about this amount though, of €14million in funds that you had at the end of 2011, again after you had left again I think as chairperson, and also that you got funding of €4million from the Lotto between 2010 and 2011, and some of this money then was used to prop up the pension scheme?”

Peelo: “No, again, a misnomer and a misdescription that was propping up the pension scheme. Because of what I mentioned about the CRC being an independent organisation is, as time went on, we were very similar in fact, the same problem faced the universities. Is that we had a mix of people working for the CRC, people who are on HSE-style pension arrangements, people who’d been with the CRC before the funding from the HSE came aboard in different ways, in different points. And I stress they were very good to us, is that we had this obligation that you could have two people working in the same, doing the same job. One is funded by the HSE pension scheme and one is not. Now we couldn’t, what I’d describe as, exclude and not honour agreements with these people. Now, in common with any other pension scheme in the country at the time, there was a defined benefit scheme, or the equivalent of and in conjunction with the Irish Pension’s Board, naturally the Irish Pension’s Board examined every scheme in the country, including ourselves. We have a very reputable firm of pension advisers and actuaries, always on board, they’re very reputable people. And we took their advice, as to the funding that was necessary. We had to. This funding arose over a period of time, not just in one foul swoop. And, by the way, my understanding today is, having spoken with the chairman is, that funding that went on, it didn’t provide any kind of top-ups, to use that word, we say there was no top-ups.”

O’Rourke: “But, in the meantime though, with this big pot of money. Is it still the case that the CRC is limiting or cutting back and reducing services to the people that benefit.”

Peelo: “Well I haven’t been there for four years but to understand is that the CRC doesn’t make the decision to cut back the services, the HSE does, it’s their decision, not ours. Because they decide on our service plan, what they expect and they have to see it in the context of the broader HSE, you know, per such. But could I come back to the €14million because that seems to be causing, you know, misunderstandings. This money is accumulated effectively out of our pools operation and arising from which is completely done properly, proper auditors, directors, everything like that and completely above board. But the CRC is unusual within the HSE, in so far as we use that, if there’s a deficit in the year, if we get a child in the door, we can’t let that child down, that’s not our ethos. Also then, the nature of what we do, being a high-tech organisation in many ways, including we run schools and some of our IT people have developed the most marvellous products for the educational needs and disability but this takes money. But we also then have to fund huge capital expenditures, for example just when I was retiring as chairman in 2010, we were about to open a whole new clinic down in Waterford, that had to be funded. They’re doing, there’s a school out in Clondalkin, Scoil na Cuatha, which requires now very extensive capital, I gather €9million is earmarked for that. We’ve daycare centres and also…”

O’Rourke: “Is that money for capital purposes?”

Peelo: “Oh, totally, that’s totally what that money is for.”

O’Rourke: “It’s all spoken for?”

Peelo: “Yeah, except from time to time we have to use the money to top up a deficit.”

O’Rourke: “What about calls then for the resignation of the board, of the CRC? We heard Ruairi Quinn on Drivetime last Friday.”

Peelo: “I didn’t hear him but what I’m reading in the papers… I don’t see why. No-one has done anything wrong. This is a marvellous organisation, that is run to the highest..the board of directors…”

O’Rourke: “And whatever about the public knowing, you say the HSE was fully informed about everything that was done with these monies?”

Peelo: “Yes.”

O’Rourke: “And what about the Department of Health? Did they know?”

Peelo: “Well our dealings wouldn’t be with the Department of Health, we deal with the HSE. In the past, we would have dealt with the, as was, I did, I’ve a long career there and I must admit that, speaking on a personal level, I’m outraged at the comments of Shane Ross and his suggestions that he has made about the improprieties and, by the way, just to lighten the moment, I’m, Shane Ross has included me as some kind of Fianna Fáil cabal, because of my friendship, obvious friendships with Bertie Ahern and Charlie Haughey. Just, personally, to get my dig in back at him, I have been a lifelong member of Fine Gael.”

O’Rourke: “Well, now, that’s a very interesting insight. But I suppose there are some names that have appeared from the past. But your point is the people in the Central Remedial Clinic have behaved openly and independently?”

Peelo: “Totally.”

O’Rourke: “And completely above board in their dealings with…”

Peelo: “There’s nothing secret.”

O’Rourke: “Yeah, but I mean, for instance, Tony O’Brien apparently, I’m just being reminded of it here told the Public Accounts Committee that the HSE had been in dispute with the CRC about how much would be paid to Paul Kiely, he’s the previous chief executive.”

O’Rourke: “Well I don’t know what’s happened the last four years. It could well be and that’s..but I’m not aware of it. Mind you that’s not being evasive, I’m just not aware of it.”

Listen to full interview here

HSE Statement:

“The arrangement entered into by CRC with its former CEO and other senior staff at the organisation was not at any stage agreed to or sanctioned by the HSE. All HSE-funded agencies are expected to comply with public pay policy.
“It came to the attention of the HSE in 2009 that the CEO and a number of other staff of the CRC were being paid substantially above comparable levels within the HSE or other public bodies.
“The HSE was concerned about these arrangements and as such held a meeting with the Chairman of CRC to address this issue.
“The HSE set out the appropriate salary for these posts in line with public pay scales and informed the CRC that these were the salary levels the organisation was required to comply with.
“For legal contractual reasons the agency stated that it could not change the contractual conditions of these staff at the time.
“The CRC gave a commitment that on the refilling of these posts in the future, rates would be brought in line with public sector pay rates.
“A new CEO was appointed in July 2013.
“The HSE contacted the agency again at this time and the agency has since confirmed to the HSE that the new CEO is now paid at the Local Health Manager scale, which starts at €86,000, and is the appropriate scale for this role in line with public sector pay rates.”

Former CRC chairman denies charity misused funds (RTE)

(Sam Boal/Photocall Ireland)

mo

Don’t ever shave.

Eoin Kernan writes:

My girlfriend Karolina, her friend Vicky and their Mosistas [Caitriona, Aoife, Elissa, Emilie, Elaine, Katie, & Vikki] have produced a video to congratulate and celebrate all the Mobros out there who took part in Movember (including my good self!). Even my sister in Australia makes an appearance….

 

Mmmf.

mhsnapagsnap

Mike Hogan, (top) radio producer, freelance journalist and Broadsheet friend (we’ve never met) and Ronan Keating Andy Gaffney, a Wicklow native who also works in the radio business, present their pilot podcast called ‘The A to Z of Ireland’.

In the first edition, topics include: the All-Ireland Final, the Aran Islands, attics, Arklow, Abrakebabra and Australia.

They plan to discuss quintessential Irish topics that start with a new letter each week until z. For suggestions for their next 25 editions, you can reach Mike and Andy at irelandatoz [at] gmail [dot] com

Listen here.

BloomSitbonArchitectes1 BloomSitbonArchitectes2BloomSitbonArchitectes5BloomSitbonArchitectes4

Bloom – a conceptual design by French architectural firm Sitbon Architectes has been selected as a finalist in the ‘architecture and weather’ category of the Architizer A+ Awards – a semi submersible spherical lab and garden tethered by cables to the ocean floor.

As well as desalinating seawater for use by a resident staff of marine biologists and researchers, the structure is designed to cultivate C02 consuming, oxygen producing microscopic marine phytoplankton and monitor ocean chemistry to provide advance warning of tsunami and other natural events.

mymodernmet/inhabitat

caveSpanish cave homes on Daft.

“This is the smallest of all the caves but can be developed into a one bedroom dwelling or again incorporated into the other two properties. Mains electric – close to property; water mains near property.”

 

It’ll be Granada, they said.

Granada, Andalucia Caves (Daft)

Thanks Mark Sugrue

cassidy and jaber(State Pathologist Dr. Marie Cassidy and Dr. Khalid Jaber)

When they met it was moyder.

Sunday Times Crime Correspondent John Mooney spoke to Seán O’Rourke this morning about Deputy State Pathologist Dr Khalid Jaber tendering his resignation at the weekend.

If follows Dr Jaber’s claims made in letters to the DPP and the Royal College of Physicians in Ireland that State Pathologist Marie Cassidy isn’t qualified to hold her title.

In the letters Dr Jaber claimed Dr Cassidy doesn’t have certification in forensic pathology. The Department of Justice is standing by Dr Cassidy.

During the interview, Mr Mooney also mentioned that Dr Cassidy and Dr Jaber fell out over one specific homicide.

John Mooney: “[Dr Jaber] said this [certification] is highly relevant for anyone working in the field. Now it should be stated that the Department of Justice and, particular, Alan Shatter have stood squarely behind Dr Cassidy. They have said that there’s no issue concerning her qualifications or anything like that. And that that’s where the situation is. He appears to have been brought into the Department of Justice on Friday concerning these letters that he’s written. But Seán, you can imagine, there’s all sorts of legal issues arising out of these, in so far as he’s now made representations I suppose to the DPP, there’s issues of disclosures, disclosures about that type of representation, should it be linked to any sort of ongoing cases that he’s involved in. And it also I suppose would provide a certain defence teams perhaps with ammunition, should they wish to question cause of death in a case or something like that. But he attended the meeting with [Department of Justice secretary general] Brian Purcell on Friday and he said he tendered his resignation, denied emphatically to me that he’d been asked to resign or had been dismissed.”

Sean O’Rourke: “So he has resigned? The offer of resignation has been accepted with immediate effect is that right?”

Mooney: “Absolutely, he said he wasn’t pushed though, it was his decision and he took it for professional reasons, as opposed to personal ones.”

O’Rourke: “What about cases where the cases haven’t reached court but he’s the pathologist who carried out the post mortem. Is he, or would he still be available to give evidence in those cases?”

Mooney: “Well Seán, we received, I suppose what could be described as a very strange statement off the Department of Justice on Saturday. They stated that they had made arrangements with Marie Cassidy to arrange for a second pathologist, to give any evidence in cases where Dr Jaber would be unavailable. Now that is all very well and good but there have been cases came before the courts where you’ve had this sort of issue arise where two pathologists or pathologists have had to give evidence on the basis of notes, etc., drafted by another pathologist, and that has ended in, how would I say, the failure of prosecution that matters like that in the past. So this really does remain to be played out yet. Pathology is a very specialist form of medicine. And I would imagine, and certainly the senior counsel that I’ve spoken to or involved in this or people in charge of serious crimes, would say that they would intend to raise this matter certainly to poke holes in any prosecution, certainly in any case that he’s maybe had disagreements with Marie Cassidy on cause of death or something like that. It’s hard to imagine a situation where that will not become an issue at some point in future cases. Although it should be stated that the Department of Justice are saying that they don’t believe there will be any issue. From the guards point of view and the DPP’s point of view, they’ve stated without hesitation that they will issue a witness summons on Dr Jaber to ensure that he does attend any forthcoming trials.”

O’Rourke: “That pre-supposes that he will be in this jurisdiction to give such evidence as to be required.”

Mooney: “Absolutely, as you can imagine, there are all sorts of scenarios that could play out here. It’s hard to imagine that Dr Jaber will remain in Ireland. He’s a Saudi-born pathologist, he has previously applied for jobs in foreign countries and, although he didn’t say it to me, I would imagine that he will contend to leave the State.”

O’Rourke: “How vulnerable might prosecutions be in the cases involving Dr Cassidy, the chief State pathologist, if he now has raised questions about her lack of this certificate of forensic pathology, even though the position doesn’t require it, could there be scope there for defence lawyers?”

Mooney: “I think possibly so but I do think it depends of the type of case. For example, if cause of death is by gunshot or from some sort of crime, involving say firearms, it’s quite clearly a criminal act. Where you may have some sort of defence team, making much of this issue is where the cause of death isn’t quite clear and possibly that they could bring in an expert witness or a pathologist who appears in court on behalf of defence teams to give a different opinion, possibly someone who may hold, the certificate in forensic pathology and that could certainly dint or poke a hole in any prosecution case. But the other matter, Seán, is that it’s very clear that Dr Jaber has had serious disagreements with Dr Cassidy about cause of death in specifically one homicide case. I find it almost impossible to believe that that issue is not going to raise its head in a future trial. I think it would be almost negligent of a defence team not to sort of go for full disclosure on these matters and sort of highlight differences in opinion and, as you and I both know, trials have collapsed for much less important issues.”

Ex-deputy State pathologist will continue to give evidence (Irish Times)

Pic: Merrion St